HomeMy WebLinkAboutNovember 05, 2013 AgendaAGENDA
CITY OF DENTON CITY COUNCIL
November 5, 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, November 5, 2013 at 3:00 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 November 5, 2013.
3. Receive a report, hold a discussion, and give staff direction regarding the proposed 2014
Bond Program.
4. Receive a report, hold a discussion, and give staff direction regarding a transportation
user fee.
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. Deliberations regarding Real Property — Under Texas Government Code Section
551.072; Consultation with Attorney — 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 T. Toby Survey, Abstract No. 1288, City of
Denton, Denton County, Texas, and generally located along the west side
of North Locust Street between Hercules Lane and Loop 288.
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.
City of Denton City Council Agenda
November 5, 2013
Page 2
2. 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.
B. Consultation with Attorney — Under Texas Government Code Section 551.071.
1. Consultation with the City's attorneys regarding legal advice pertaining to
street maintenance fees where a public discussion of this legal matter
would conflict with the duty of the City's Attorneys to the City Council
under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas.
2. Consult with City's attorneys regarding legal issues and legal challenges
arising out of municipal ordinances regulating the operation and location
of credit access businesses, including Denton ordinance 2013 -073 and
possible amendments thereto, as well as the status and strategic
considerations associated with litigation pending in the 16th District Court
of Denton County, Texas styled ACE Cash Express v. City of Denton,
cause no. 2013 - 10564 -16.
3. Consult with and provide direction to City's attorneys regarding legal
issues and strategies associated with Gas Well Ordinance regulations and
Fire Code regulations relating to gas well drilling and production and
safety issues regarding gas well drilling and production within the City
Limits and the extraterritorial jurisdiction, including Constitutional
limitations, statutory limitations upon municipal regulatory authority,
statutory preemption and /or impacts of federal and state law and
regulations as it concerns municipal regulatory authority and matters
relating to enforcement.
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 SEQ. (THE TEXAS OPEN MEETINGS
ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE
CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071 - 551.086 OF THE TEXAS OPEN MEETINGS
ACT.
City of Denton City Council Agenda
November 5, 2013
Page 3
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
3. CITIZEN REPORTS
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 — K). 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 — K below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to those cities and utilities providing energy transmission
services to the City of Denton; and providing an effective date (File 5388 —
Electrical Energy Transmission Fees for Fiscal Year 2013 -14 in the total amount
of $2,856,319.94). The Public Utilities Board recommends approval (7 -0).
B. Consider adoption of an ordinance authorizing the City Manager to execute a
Cooperative Purchasing Program Agreement with the North Central Texas
Council of Governments ( NCTCOG) under Section 791.001 of the State of Texas
Government Code, and to authorize the City of Denton to participate in the
NCTCOG Cooperative Data Program; authorizing the expenditure of funds
therefor; and declaring an effective date (File 5355— Cooperative Program
Agreement with the North Central Texas Council of Governments for
Cooperative Data Program (CDP) in the amount of $6,000).
City of Denton City Council Agenda
November 5, 2013
Page 4
C. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a contract with the Houston- Galveston Area
Council of Governments (H -GAC) for the acquisition of one (1) flushing /vacuum
trick for the City of Denton Wastewater Collections department; and providing
an effective date (File 5393- Purchase of Vacuum /Flushing Trick awarded to
Rush Trick Center, Houston in the amount of $98,572 for the cab /chassis and
GapVax, Inc. in the amount of $197,475 for the trick body for a total award of
$296,047). The Public Utilities Board recommends approval (7 -0).
D. Consider adoption of an ordinance authorizing the City Manager to execute an
Interlocal Cooperative Purchasing Program Agreement with the City of DeSoto,
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 5368 -
Interlocal Agreement with the City of DeSoto).
E. Consider adoption of an ordinance authorizing the City Manager to execute an
Interlocal Cooperative Purchasing Program Agreement with the North Central
Texas Council of Governments (NCTCOG) under Section 791.001 of the State of
Texas 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 5387 — Interlocal Agreement with the North
Central Texas Council of Governments for Electronic Warrant Payment Services).
F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute an agreement between the City and Fred Moore Day
Nursery School to provide Community Development Block Grant funds for
improvements to the facility at 821 Cross Timber Street, Denton, Texas;
authorizing the expenditure of funds therefore, not to exceed $268,400; and
providing for an effective date.
G. Consider approval of the Public Art Committee's recommendation to select
Christie Wood as the artist for the sculpture of Pops Carter as public art for the
City of Denton; and declare an effective date. The sculpture will cost $29,200
and will be consistent with the City of Denton Public Art policy approved by
Resolution R2013 -021, and be funded with Hotel Tax revenues previously
authorized and encumbered for such purpose. The Public Art Committee
recommends approval with a vote of 6 -0.
H. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
Mayor to execute a Second Amendment to Interlocal Cooperation Agreement
Street Right -of -way Use License (the "Amendment "), between the Denton
County Transportation Authority ( "DCTA ") and the City of Denton, Texas
( "CITY "), as attached hereto and made a part hereof as Exhibit "A ", the
amendment amending that certain Interlocal Cooperation Agreement Street Right -
of -way Use License ( "Interlocal Agreement "), by and between the City and
DCTA, Amendment providing for additional street right -of -way of the CITY to
DCTA to constrict, operate and maintain bus shelters and related bus passenger
amenities in locations more particularly described in the Amendment; and
providing for an effective date.
City of Denton City Council Agenda
November 5, 2013
Page 5
L 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 North
Locust Properties, LLC (the "Owner "), and the City of Denton (the "City "),
regarding the sale by Owner and purchase by the City of a 2.493 acre tract of
land, more or less, situated in the T. Toby Survey, Abstract No. 1288, in the City
of Denton, Denton County, Texas, as more particularly described in Exhibit "A"
to the Contract of sale (the "Property Interests "), for the purchase price of One
Hundred Seventy Two Thousand Seven Hundred One and no /100 dollars
($172,701.00) (the "Purchase Price ") authorizing the City Manager, or his
designee, to make an offer to purchase the property interests from the Owner for
such purchase price, and execute and deliver any and all other documents
necessary to accomplish closing of the transaction contemplated by the Contract
of Sale; authorizing the expenditure of funds therefore, and providing an effective
date. (The Public Utilities Board recommends approval (7 -0).
J. Consider adoption of an ordinance of the City of Denton, Texas, nunc pro tunc,
correcting an inadvertent mistake in Ordinance No. 2004 -233 relating to the
authority of the Historic Landmark Commission, specifically its adoption of
Section 35.7.6.10d of the Denton Development Code; providing for a penalty in
the maximum amount of $2,000.00 for violation thereof, providing for
severability, savings and supersedure; and providing for an effective date.
K. Consider adoption of an ordinance authorizing the City Manager to execute an
Interlocal Cooperative Purchasing Program Agreement with the University of
North Texas Murphy Center for Entrepreneurship under Section 791.001 of the
State of Texas 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 5382 — Interlocal Agreement with the
University of North Texas Murphy Center for Entrepreneurship for Leadership
Development Training in the amount of $26,400).
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider appointments to the Citizens Bond Advisory Committee for the
proposed 2014 Bond Election.
B. Consider adoption of an ordinance authorizing execution of a franchise agreement
with the City of Denton, acting through its electric utility, granting a franchise to
maintain, and operate facilities within the City of Corinth for the delivery and sale
of electricity; providing for the payment of a fee for the use of the public rights -
of -way; providing that such fee shall be in lieu of other charges; setting forth the
term of the franchise; providing for the ratification and retroactive approval of
said agreement; and providing an effective date. (First Reading)
6. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance regarding a rezoning
of approximately 75.3 acres from Neighborhood Residential 2 (NR -2) to a
Neighborhood Residential 3 (NR -3) zoning district. The subject property is
City of Denton City Council Agenda
November 5, 2013
Page 6
generally located on the south of Ryan Road, north of the Kansas City Southern
Railroad, approximately 950 feet east of FM1830 and approximately 800 feet
west of Forrest Ridge Road. (Z13 -0006) The Planning and Zoning Commission
recommends approval (6 -1).
B. Hold a public hearing, hold a discussion, and give staff direction regarding the
2013 Water and Wastewater impact fee study.
C. Hold a public hearing and consider approval of the proposed siting of an electric
substation located east of Masch Branch Road and approximately 0.3 miles south
of FM 1173 in the northwestern area of Denton Municipal Electric's certificated
service territory, in Denton County, Texas.
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 JDD) 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: November 5, 2013
DEPARTMENT: Finance
ACM: Bryan Langley � -A
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the proposed 2014 Bond
Program.
BACKGROUND
The City Council and staff held discussions of a 2014 Bond Program during the October 7, 2013
City Council meeting. Based on direction from City Council at this meeting, staff has launched a
webpage to accept applications for the Citizen Bond Advisory Committee and solicit additional
projects for consideration by the committee. In addition, the City Council gave direction as to
the charge for this committee. Based on this direction, a draft resolution creating and charging
this committee is attached for review. In addition, a brief presentation is attached and will be
presented to allow for any additional City Council discussion and direction prior to the formation
of the Citizen Bond Advisory Committee.
If you have any questions, or need additional information, please let me know.
PRIOR ACTION/REVIEW
On October 7, 2013, the City Council discussed the proposed 2014 Bond Program and received
presentation from City staff regarding the initial project list. The City Council recommended a
fifty (50) member Citizen Bond Advisory Committee with seven appointments by each council
member and a committee chair.
EXHIBITS
1. Draft Resolution
2. PowerPoint Presentation
Respectfully Submitted:
Chuck Springer, 349 -8260
Director of Finance
EXHIBIT 1
RESOLUTION NO.
A RESOLUTION CREATING A SPECIAL CITIZENS BOND ADVISORY COMMITTEE
FOR THE PROPOSED 2014 BOND ELECTION; ESTABLISHING A CHARGE FOR THE
COMMITTEE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council wishes to ask the citizens of Denton to consider
authorizing General Obligation bonds in November 2014 for the purpose of public improvements
in the community over the next six years; and
WHEREAS, the City Council has determined that it would be advisable to create a
Special Citizens Bond Advisory Committee to provide recommendations on the specific projects
that may be financed with the General Obligation bonds; and
WHEREAS, the City Council requests that the Committee focus on basic facilities and
infrastructure as a priority in the bond program, and requests the development of a six -year
capital program that addresses regulatory concerns, enhances public safety, improves operational
efficiency, promotes energy efficiency and rehabilitates existing strictures to meet current
demand; and
WHEREAS, while the City Council's intent is to focus on existing facilities and
infrastructure, the committee will also need to evaluate new facilities and infrastructure that may
have synergistic relationships to the facilities, infrastructure and areas being evaluated; and
WHEREAS, the City Council has asked staff to develop a prioritized list of projects that
addresses the City Council's goals and strategies as a point of departure for committee evaluation
and consideration which is a similar process used by the Citizen Bond Advisory Committee in
2012 and was endorsed as a beneficial tool by the committee leaders in 2012; Now Therefore,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. A Special Citizens Bond Advisory Committee shall be composed of fifty
(50) persons who shall reside within the City of Denton, seven of whom shall be appointed by
each member of the City Council and the committee chair shall be appointed by
The Committee shall perform its functions in accordance with this resolution.
SECTION 2. A Special Citizens Bond Advisory Committee shall make
recommendations to the City Council on the dollar amounts and capital projects to be considered
by the public in the November 2014 election.
SECTION 3. The City Council requests the Special Citizens Bond Advisory Committee
to consider inclusion of the reconstruction of Fire Station 43 and Fire Station 44 in their
recommended capital projects for the November 2014 election.
SECTION 4. The City Council requests the Special Citizens Bond Advisory Committee
to consider inclusion of the reconstruction of City Streets in the minimum amount of twelve (12)
million dollars in their recommended capital projects for the November 2014 election.
SECTION 5. The City Council requests the Special Citizens Bond Advisory Committee
to consider inclusion of the Magnolia Street Drainage Project Phase two (Hinkle Drive Project)
in their recommended capital projects for the November 2014 election.
SECTION 6. The City Council requests the Special Citizens Bond Advisory Committee
to consider funding for public art as part of the recommended capital projects for the November
2014 election based on the City Council approved public art policy.
SECTION 7. The Citizen Bond Advisory Committee appointments will end and the
Committee shall be formally dissolved on August 1, 2014.
PASSED AND APPROVED this the 19th day of November, 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
n-M
EXHIBIT 2
2014 Bond Program
Communication Program
City Website
Link from main page
Committee volunteer form
Preliminary project listing
Additional project submission form (through December
20th)
• Press Release
• Social Media - Twitter and Facebook
• eNews Group
• DTV
• Employee Newsletter
Committee Structure
* 50 members - 7 appointments by each
council member
* Chair appointment process discussion
* Council agenda item for appointments on
November 5thand 19th
u Formally appoint committee and approve
charge on November 19th
Committee Charge
u Consider inclusion of following projects:
■ Fire Stations #3 and #4 reconstruction
■ $12 million for street reconstruction
■ Magnolia Street Drainage Phase 2 (Hinkle
Project )
• Focus on existing facilities and infrastructure
• Recommend overall size, tax rate implications,
and projects for 2014 election
• Consider public art based on City Council policy
u Committee formally ends on August 1, 2014
Draft Schedule
Council appoints bond election committee and approves charge -
November 19, 2013
Bond Election Committee meetings (6 to 10) - December through May
Recommendation to City Council - beginning of June, 2014
City Council discussion of bond election recommendations -June /July,
2014
City Council holds public hearing - August 5, 2014
Ordinance calling bond election - August 6 -18, 2014 (special meeting)
Date of Election - November 4, 2014
City Council canvassing of election results - November 12 -17, 2014
(special meeting)
5
AGENDA INFORMATION SHEET
AGENDA DATE: November 5, 2013
DEPARTMENT: Streets
ACM: Howard Martin, Utilities 349 - 8232 *_ --
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding a transportation user fee.
BACKGROUND
Austin, Corpus Christi, and Bryan are the only cities in Texas known to charge a transportation
user fee, also called a street maintenance fee. Two others cities, Arlington and College Station,
attempted to charge transportation fees but were unsuccessful. We have included the user fee
development brochure and frequently asked questions from the Corpus Christi program Exhibit 1
and 2.
Calculation Methodv
Austin and Corpus Christi both assess transportation fees on their utility bills and calculate fees
in a similar manner, setting a base fee and adjusting it for traffic intensity and customer size.
Every single - family residential customer is charged the same fee. Multi - family residential
customers are charged per housing unit and assumed to generate a fixed fraction of the car trips
of a residential customer.
Commercial customer traffic intensity is reflected in car trip factors based on business type, with
traffic- intensive businesses like gas stations, fast food restaurants, and drive - through coffee and
donut shops having a higher trip factor than lower - traffic businesses like office parks, nursing
homes, and warehouses. Both cities use standard trip factor estimations produced by the Institute
of Transportation Engineers. In Austin, the trip factor is multiplied by developed land area of a
customer; in Corpus Christi the trip factor is multiplied by building floor area.
Trip factors describe the number of trips generated by a business per unit of floor area as a
multiple of the number of trips generated by a typical single - family house. For example, an
apparel store is assigned a trip factor of 3.79, meaning it is expected to generate 3.79 times more
car trips than a single - family house of the same size. The median single - family house in Corpus
Christi is 1,500 square feet in floor area, which Corpus Christi calls an Equivalent Residential
Unit (ERU), so a 15,000 square foot apparel store is equivalent to 10 ERUs [15,000 square feet /
1,500 square feet per ERU]. Thus, that store would be expected to generate 37.9 times more car
trips [3.79 trip factor x 10 ERUs] than a typical single - family house and be charged accordingly.
Bryan follows a similar calculation method, but then groups commercial customers into small,
medium, and large bins with only three corresponding fees.
Corpus Christi's transportation fee was adopted in July 2013 and goes into effect in January
2014. Staff has included the Corpus Christi ordinance establishing a street maintenance fee to be
implemented by policies, rates, and methodologies established by separate ordinance (Exhibit 3).
The revenue from the fee will be dedicated to preventative maintenance like seal coating and
overlaying streets that are in relatively good shape. Reconstruction of failed streets will be paid
for using bonds.
In Corpus Christi, customers in single - family housing will pay $538 a month. Customers in
multi - family housing will pay $2.42 a month based on the assumption that a multi - family unit
generates 45 percent of the car trips of a typical single - family house.
During consideration of their transportation fee, Corpus Christi examined the impact of trip
multipliers and building size on large commercial customers. It developed several possible fee
scenarios that capped trip factors and maximum building size at various levels before settling on
a maximum trip factor of 5.78 and a maximum building size of 118,000 square feet (Exhibit 4).
This shields traffic- intensive and very large customers from high fees and shifts revenue
generation onto other commercial users. A cap on trip factors will greatly reduces fees for many
small traffic- intensive businesses like convenience stores and donut shops, while a cap on
building area will affects relatively few but very large businesses.
Maintenance Needy
Corpus Christi expects to generate about $11.4 million from its transportation fee annually, with
about 53 percent of that coming from residential (single- and multi - family) customers and 47
percent from commercial customers. Adjusting this amount for population and assuming similar
commercial makeup in Denton, the current Corpus Christi fee stricture would generate about
$4.3 million annually.
Using the Corpus Christi fee model to generate $8 million annually in Denton, the base
transportation fee would be $9.97 per single - family residential customer and $4.49 per multi-
family residential customer per month (Exhibit 5). Single - family customers are estimated to
provide $3.2 million in revenue (40 percent of total revenue), multi - family customers
$1,052,102, (13 percent of total revenue), and commercial customers $3.7 million (47 percent of
total revenue).
The 2009 Pavement Management Study indicated that the City of Denton should be spending
$10 million annually on OCI improvements to maintain the 63 OCI (Exhibit 6). In 2009 the City
was spending $3.2 million OCI dollars annually. Since 2009, the expenditures of OCI dollars has
increased to approximately $4.8 annually. In addition $20 million in bond funds will be spent on
road reconstruction over the next five years. At this current level of funding, we are still losing
ground on the OCI of our street system. Factoring in the continued decline in the OCI since
2009, it is estimated that we need to be spending $12.2 million annually to stop the decline in the
OCI rating. Staff is recommending between $8 -$12 million per year of additional funding be
considered as a target for the maintenance fee to effectively improve the condition of our
roadway system.
On page 31 of the Pavement Management Analysis, the following recommendation was presented
to the City of Denton in 2009:
"The City should adopt a policy statement selecting a fixed target for network level of service and
acceptable amount of backlog. We suggest an OCI target of 65 to 70, with less than 20% backlog.
The 65 to 70 range was selected as the target for two primary reasons: On average an OCI of 65 to
70 is generally accompanied by a backlog of 15% thus providing a high level of service with a
manageable backlog. And secondly, on OCI of 65 to 70 provides the travel public with a relatively
good roadway network and an economic balance between pavement expenditures and service life
(at an OCI of 65, pavements are just entering the steepest part of their deterioration curve)."
An annual budget dedicated to roadway rehabilitation of $12.0 to $16.OM is required to
achieve this goal. A budget of $15M will achieve an OCI of 69.
EXHIBITS
1. Corpus Christi transportation fee brochure
2. Frequently asked questions
3. Corpus Christi street maintenance fee ordinance
4. Trip Factor Index
5. Example fee calculations
6. Year Annual OCI
Respectfully submitted:
Jim Coulter
Water Utilities Director
HOW WILL STREET MAINTENANCE BE FUNDED? HOW IS THE FEE DETERMINED?
The City pp Council approved a Street Preventative
Maintenance Program (SPMP) and adopted a Mainte-
nance Fee (SMF) on July 9, 2013. The SMF is a monthly
fee that will be collected from residences and business-
es within the city limits of Corpus Christi. The revenue
generated will be designated for use in the preventative
maintenance of the City's street system under the
Sp MP. The fee is based on the number of trips a partic-
ular land use generates and will be collected through
your utility bill. You can expect to see the fee on your
utility bill starting in January of 2014.
WHY IS THIS FEE NECESSARY? DON'T MY TAXES
PAY FOR THIS?
Primary funding for certain regular maintenance of the
City's street system is through taxes. Tax revenues are
allocated to the General Fund which includes Police,
Fire, Parks & Recreation and other general government
services. Funding for preventative rnairnenance of the
City's street system has never received approval or
funding before now, whether through taxes or other-
wise. The Street Preventative Maintenance Program
(SPMP) is an entirely new program. The funds received
from the street maintenance fee will be kept separate-
ly in a special street fund, and will only be used for the
preventative Street maintenance under the new SPMP.
oat vwi
Customers are assigned to one of two main categories:
R g
RESIDENTIAL and NON - RESIDENTIAL.
• RESIDENTIAL: Single Family customers will be
assigned a Trip Factor of 1. Multi- Family customers
will be assigned a Trip Factor of 0.45.
• NON - RESIDENTIAL customers will multiply the rate
times their living area square footage as provided by
the Nueces Country Appraisal District (NCAD)
divided by the City's median residential square foot-
age of 1,500 SF ( "ERU ") and then multiplied by an
assigned Trip Factor based on their designated land
use.
RATE x ERU x TF = Monthly Bill
RATE = $5.38
ERU = Equivalent Residential Unit
For each dwelling unit of a Residential
Property, ERU = 1
For each Non - Residential Property,
ERU= SF /1500 SF on a per meter basis.
TF = Trip Factor Her designated land use)
HOW MUCH CAN I EXPECT TO PAY?
RESIDENTIAL Single Family customers will be charged
$5.38 per month.
MONTHLY BILL= $5.38
RESIDENTIAL Multi- Family customers will be charged
$2.42 per month.
MONTHLY BILL= $2.42
NON - RESIDENTIAL customers will be billed monthly on a
per meter basis. The rate of $5.38 will be multiplied by
the living area square footage divided by the City's median
residential square footage of 1500 (living area square
footage will be capped at 118,000 SF per meter) and then
multiplied by the Trip Factor for each location's land usage
MONTHLY BILL
_ $5.38 x (LIVING AREA SF /1500) x Trip Factor
CAN I APPEAL MY FEE?
The Utility Business Office UBO ) located on the first
floor of the City Hall Building, 1201 Leopard Street, is
the main point of contact for all customers regarding
the Street Maintenance Fee. CUSTOMERS may contact
the UBO to contest their residency, active meter status,
or the number of active water meters. NON-
RESIDENTIAL CUSTOMERS may also appeal squarefoot-
age (SF), land use designation (LUD), and multi- meter/
single business square footage cap application.
Call (361) 826 -2489 for more information.
CAN I GET A DISCOUNT IF MY INCOME IS LOW?
Residential Customers who qualify may request a Low
Income Discount through the UBO.
For more information contact the Corpus Christi Call
Center at: (361) 826 -2489.
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MAINTENANCE EXTENDING THE LIFE OF OUR STREETS!
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WHAT IS THE ISSUE?
To properly rnaintain the City's street systern, both
regular and preventative rnaintenance should occur.
The City's Street Department has never received
funding for a preventative rnaintenance program until now. Over the last 20 years or so, the Street
Department's regular street maintenance has been
deferred, and preventative street maintenance has
been non existent, to the point that 50% of our City
Streets are considered to be in "Fair to Good" condi-
tion and 50% are considered to be in "Poor" condi-
tion. Now your City Council has taken action to ap-
prove a new Street Preventative Maintenance Pro-
gram (SPMP) and adopt a new Street Maintenance
Fee (SMF) to address the preventative rnaintenance
of good City streets (not reconstruction). The fees
collected under the SMF will raise $11.4 rnillion dol-
lars of the $ 15 rnillion estimated arnount needed to
perform yearly preventative rnaintenance. Fees col-
lected under the SMF will be used solely for preven-
tative street rnaintenance under the SPMP.
YOUR STREET SYSTEM
The City of Corpus Christi's Street Network consists
of Arterial Streets such as Staples and Everhart,
Collector Streets such as Aquarius and Acushnet, and
Residential Streets which are our neighborhood
streets. The total system is approximately 1,204
miles and consists of:
Arterial Streets . ............................... 186 miles
Collector Streets .............................. 242 miles
Residential/ Alleys ............................ 776 miles
WHAT ARE THE BENEFITS OF PREVENTATIVE
MAINTENANCE?
• Preserves streets in good condition
• Provides smoother road conditions
• Extends street service l ife
• Minimizes street l ife cycle cost
• Maintains or irnproves roadway safety and rnobility
• Increases ability to withstand traffic stresses
• SAVES MONEY'I
WHAT IS STREET PREVENTATIVE
MAINTENANCE?
Preventative Maintenance is a planned strategy of cost -
effective treatments to an existing roadway systern that
preserves the systern, retards future deterioration, and
rnaintains or irnproves the functional condition of the
systern. Preventative street rnaintenance extends ser-
vicelife of structurally sound pavernents, and Is typically
applied to pavements in good condition having
sign if Ica nt rernaining service life. Examples of preventa-
tive treatrents include: SEALING COATING, ASPHALT
OVERLAYS, and CRACK SEALING.
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STREET PREVENTATIVE MAINTENANCE
PROGRAM (SPMP)
The process of selecting streets to work on in the Street
Preventative Maintenance Program (SPMP) involves
assessment of the overall street condition which in-
cludes: pavernent condition, curb & gutter, drainage,
ADA (Arnerican Disability Act) requirernents and under-
ground uti'liti'es.
The SPMP is prirnarily for streets in Fair to Good condi-
tion and not for streets in Poor condition. Streets in
Poor condition will be considered under a different
prograrn because of the extensive reconstructive work
needed to be done.
Keeping up with the preventative rnaintenance extends
the life of the street just as it would your car, and is less
expensive in the end. If a street is already beyond the
preventative rnaintenance stage, it will require a more
extensive (and more costly) repair. Full street recon-
struction can be costly and tirneconsurning, therefore
preventative rnaintenance beforerecotmtrnctionianeed-
ed
Under the new SPMP, the City will be able to rnaintain
more rniles of roadway in a better condition for longer
with fewer funds.
WHAT IS A SEAL COATING?
Seal Coating is a process to provide a "protective
coating' to preserve the pavernent from elements that
lead to failures. The protective coating helps to restore
the asphalt binder cernent which overti'rne becornes
exhausted and allows the pavernent to unravel. The
next step of deterioration is rninor cracking which can
widen and deepen over ti'rne. If the cracks go untreated,
water seeps into the base and darnages the pavernent's
load bearing capacity. This is evidenced by the for -
rnation of rutting, shifting, and alligator cracking. A chip
seal is a thin layer of hot asphalt applied to the street
surface and then embedded with small aggregate
(rock). The seal coat is expected to rejuvenate and add
a wear surface that lasts up to 7 years.
WHAT IS AN ASPHALT OVERLAY?
An asphalt overlay is applying a new layer of hot rnix
asphalt cernent to the street surface, sealing it. Milling
Is often needed to match pavernent grades or to
remove distressed pavernent. The typical thin overlays
are less than 2 inches. Overlays are expected to
preserve the life of street pavernent for at least 10
years.
SOME STREETS LOOK FINE. WHY DO YOU
NEED TO DO ANYTHING TO THEM?
Streets may look okay, but actually be at the onset of
distress. As soon as streets are constructed, they
irnrnediately begin to deteriorate. This is evidenced by
the fading of the rich black color to brown and then
gray. The next step of deterioration is rninor cracking
which widens and deepens over ti'rne. In the beginning
the deterioration process is slow and accelerates near
the end of pavernent service life. And like your car, if
you don't provide preventative rnaintenance or let the
rnaintenance go too long, then you will be facing major
costs for repairs or replacernent.
Street Maintenance Fee FAQs
Page I of 5
HOME GOVERNMENTSERMCE8 STREE 'T' OPERAT IONS STREET MAINTENANCE FEE FAQ S
Street Operations
Street Maintenance Manning
Fee Corrections & Appeals
Street Maintenance Fee, Estimator
Street Maintenance Fee FAQs
Street Maintenance Questions Form
Extending the Life of Streets,
Street Maintenance and Repairs
c�'
If we have not already answered
a question you might have about
the street maintenance fee, you
can submit your question through
the Online Street Maintenance
Questions Form,
Questions and Answers - View
the questions that have been
submitted and responses.
Communication Plain. Thee
latest electronic information on
the Street Maintenance Fee is
located on the City's website.
Y
It includes an Online Street
Maintenance Fee Estimator so
residents and! business owners
can figure their estimated fees.
The City is also sending out the
latest information utilizing
Facebook and Twitter, and news
releases. Residents without
access to social mediia will be
able to find handouts at all City
Frequently Asked Questions
Street Maintenance Fee
In an effort to provide you with the very latest street maintenance fee information. the City of Corpus Christi is
providing the most frequently asked questions received by staff and Council members. We believe these details will
assist residents and business owners in understanding the Street Maintenance Fee.
FAQS FOR THE SAMPLE BILL INFORPAATION ON YOUR OCTOBER 2013 UTILITY BILL
HOW CAN I DETERMINE HOWTHE ESTIMATED STREET IMAINTENAaNCE FEE ON MY OCTOBER
2013 UTILITY BILL' AS CAL.CuRxrED?
- The Street Maintenance Fee charge is calculated as follows: ERU x Trip Factor x $ 5.38,
If your land use code is Single Family Residential, your ERU is 1, your Trip Factor is 1 and your Street
Maintenance Fee is a flat fee of $5.38 per month per house. Some properfi!es are large enough to have more than
one house. These properties will pay $5.38 per house on the property.
If your land use code is Multi-family Residential (apartments, condos, townhomes, mobile homes, manufactured
homes, & RV parks), your ERU is 1, your Trip Factor is 0.45, and your Street Maintenance Fee is a flat fee of
$2.42 per dwelling unit. Individually metered units will pay $2,42. Master-metered properties will pay $2.42 times
the number of dwelling units of the complex or community.
A Non-Residential customer's Street Maintenance Fee charge is calculated by dividing the Living Area Square
Footage provided by the Nueces County Appraisal District by 1500 to get the ERU. Your land use designation
has a specific Trip Factor . The Trip Factors have been capped at i A cap, of 118,000 square feet is applied
on a per water meter basis. If a single business' square footage exceeds the 118,000 square foot cap and it has
multiple meters, 4 is treated as a single metered location.
• A Non - Residential customer may call the Utility Business Office to find out what their ERU is or they may visit the
NCAD welosite to determine their Living Area Square Footage and can calculate their ERU by dividing the Living
Area Square Footage by 1500.
• The 3-digit number that appears just before your land use designation in the "IMPORTANT INFORMATION"
section of your utility bill is your Rate Table Code. Each land use designation has been set up as an indirvidual
entry in the City's Rate Table. The rate for each entry is the $5,38 Street Maintenance Fee Rate times the Trip
Factor for that land use. You can divide your estimated bill by your ERU to calculate your Rate Table rate. You
can divide that number by $5,38 to get your Trip Factor.
WHAT IF I DON'T A ARE E'Vi MY STREET MAINTENANCE FEE CHARGE?
- City Council has approved a process whereby citizens may appeal their Street Maintenance Fee,
• Only certain, aspects of the fee calculation are appealable. For more information regarding the appeals process,
you can go to the Street Maintenance Fee Corrections and Appeals web page, or you may complete the
attached Appeal Form and either email it or print and bring it to the Utility Business Office on the first floor of City
Hall,
Some residential customers may qualify for a Low Income Discount. If you think you may qualify, you can
complete the form and turn it in to the Utility Business Office at City Hall (1201 Leopard St.). Qualified residents
will receive a 50% discount on their Street Maintenance Fee ONLY for a one -year period and must be approved
annually.
EXHIBIT 2
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Street Maintenance Fee FA Qs Page 2 of 5
Libraries, Information will also be WHYIS MY LAND USE DESIGNATION TOTALLY DIFFERENT FROM WHATIWY BUSINESS REALLY
included in utility bills as needed. IS?
A speaker's bureau made tip of
members of the City staff will be • The City is basing its land use designations on information in the Institute of Transportation Engineers Trip
available to speak to civic groups, Generation Manual Edition 9 ("Manual"), City Council approved ) the use of 129 Non - residential land use categories
Community organizations, from this Manual.
businesses, and neighborhood
associations. Speaking • Ali Non-Residential properties must be assigned to one of the 129 land uses.
engagements can be scheduled • If a, property has a land use that is not one of the 129 approved categories, the City must determine which of the
by contacting DeAnna McQueen 129 categories has a traffic pattern Most Closely matching the land use of the property.
at deannarn@octexas,corn or
(361) 826-2640. WHY AM I RECEIVING A STREET FEE BILL. WHEN I DON'T TAKE ANY CITY SERVICES?
• Any property within City Limits which is not exempt and which has living area square footage as defined by the
Nueces County Appraisal District is eligible to be charged the Street Maintenance Fee,
• Some properties in the far northwest side of town or on the north end of Padre Island may not receive City
services, but are subject to the Street Maintenance Fee. Additionally, some properties appear to be occupied, but
may not have a utility account.
• Where a benefitted property exists which does not otherwise take City services, the property owner will be billed
for the Street Maintenance Fee.
If there is an occupant other than the property owner using the property, the property owner may request that the
Street Maintenance Fee account be placed in that occupant's name.
WHEN CAN I FILE AN APPEAL?
• The City is prepared to start accepting and processing appeals beginning October 1, 2013.
• There is no guarantee an appeal will be approved. The City will process the appeal request and will notify you if
the appeal is approved or denied.
• The City's goal is that many appeals will be processed before citizens must start paying the Street Maintenance
Fee. However, this may not be possible. If a citizen has filed an appeal and the appeal has not been processed
by the time billing commences, the citizen is still responsible for paying the fee. If an appeal is approved, the
citizen will receive a refund or credit to their utility bill reflective of the adjustment.
WHEN WILL. I HAVE TO START PAYING THE STREET IMAINTENANiCE FEE?
• As indlcatedl on your October utility bill, the City will begin charging the Street Maintenance Fee on January 1,
2014.
WHAT IS A STREETMAIN"IfENANCE FEE?
• It is a monthly fee which will be collected from Corpus Christi residents and business owners and which will appear
on their monthly utility bills.
• The revenue generated is designated to pay for increased City street maintenance.
The fee is one part of a four part Street Improvement Plan which is designed to improve street conditions through
reconstruction,, rehabilitation, street maintenance, and policy changes.
WHY 1,05 A STREET MAINTENANCE FEE NEEDED?
• An oil bust in the 1980's led to initial cuts in street department funding which over the years, continued to decline
relative to the total Generai Fund budget.
During that time, the percentage of funds allocated to the City street maintenance department dropped from 10
percent to 5, percent of the budget.
• The street department funding has not increased enough to cover increasing costs to continue to property maintain
the City's growing: street system.
• Street maintenance has been deferred to the point that 50% of our City streets are considered to be in "Fair to
Good" condition and 50% are considered to The in 'Poor" condition.
IS THE FEE LEGAL?
The City of Corpus Christi is a home rule city.
• The Texas Constitution gives the governing body of a home rule city the power to adopt any ordinance that is not
limited by or inconsistent with, the Constitution or State law,
• The Texas Constitution and statutes are silent as to street maintenance fees. Thus a home rule city has the
authority to enact such a fee.
The street maintenance fee is a regulatory fee.
Home rule cities have full authority, if not a duty, to enact reasonable regulations for the safety and welfare of their
citizens.
http:llwww.cctexas.comIgovernmentlstree:t-,operationslstTeet-maintenance-f'ee-f'aqslindex 10/31/2013
Street Maintenance Fee FA Qs
WHAT ARE THE BENEFIT s OF STREET MAINTENANCE?
Preserves streets in good condition
Provides smoother road conditions
- Extends street service life
• Minimizes street life cycle costs
• Maintains or improves roadway safety and mobility
• Increases ability to withstand! traffic stresses
SAVES MONEY!
WHAT IS STREET PREVENTATIVE MAINTENANCE?
• Preventative maintenance is a planned strategy of cost-effective treatments to an existing roadway system which
preserves the system, slows down future deterioration, and maintains or improves the functional condition of the
system.
• Preventative maintenance extends service life of structurally sound pavements and is typically applied to
pavements in good condition having significant remaining service life.
• Preventative treatments include seat coating, asphalt overlays, and crack sealing.
WHATIDETER LIRE S WHETHER A STREET ISA CANDIDATE FOR THE PREVENTATIVE
All PROGRAM?
• City streets are inspected and assessed using an industrial, nationally recognized standard - Micro-Paver
Pavement Management system.
• 20 pavement distresses (type, severity and quantity) are used to determine a Pavement Condition Index, or PCI,
for each section of street.
• Streets with PCI in the range of 56 to 100 are considered to be in fair to good condition and are candidates for
preventative maintenance.
DOES BEING A CANDIDATE FOR THE PREVENTATIVE MAINTENANCE PROGRAM MEAN THAT It
STREET WILL HAVE MAINTENANCE?
• All candidate streets will be evaluated, for overall street condition including: curb & gutter, AIWA improvements,
drainage and utilities.
The evaluation may cause a street to be considered for other improvements such as reconstruction or utility repair.
IS THE FEE GOING TO REPAIR IMY STREET?
The fee is for maintenance of good streets only, not repair of streets in poor condition.
• Repairs through reconstruction or rehabilitation for arterials and collectors will be done through bonds.
• Reconstruction and rehabilitation for residential and local streets is another part of the plan for which the financing
mechanism has yet to be determined,
WHAT AREAS OF'"rHE CITY WILL. BE DINNER(, MAINTENANCE WORK?
- Work will be done on good streets throughout the City (residential and arterials) and will be scheduled on a
systematic 7 year cycle work plan.
WHAT HAPPENS TO STREETS WHICH HAVE A LOWER PCI?
Streets with PCI in the range of 0 to 55 are considered to be in poor condition and are candidates for
reconstruction and! rehabilitation.
Poor streets will be considered under a future bond program since extensive reconstructive work is needed
utilizing a different funding mechanism. The City is working to update lists for potential future bond proposals.
HO'W IS THE FEE CALCULATED?
Active water customers are assigned to one of two main categories; RESIDENTIAL and NON-RESIDENTIAL.
Residential is comprised of both Single Family Residential and Multi - family Residential. Multi - family includes all
attached housing (apartments), mobile homes, manufactured homes, and RV parks. Non,-Residential is the
commercial and: industrial sectors.
• RESIDENTIAL The fee for residents is a $5.38 monthly flat rate per dwelling unit for Single Family Residential
and $2.42 per dwelling unit for Multi-family residences.
NON-RESIDENTIAL: The calculation of the street maintenance, fee is (square footage/1,500) times the trip factor,
times the $5,38 base rate per meter. There is a cap for buildings larger than 118,000 square feet per meter. There
Page 3 of 5
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Street Maintenance Fee FAQs
are 129 ITE (institute of Transportation Engineers) trip factor categories based on land use. The trip factor is
capped at 5.78. Single businesses having multiple meters for which the total billable square footage exceeds the
118,000 cap will be billed as if they had a single meter.
. Fee= (SF11500)xTFx$5,38 per meter
11191111171.
• Residential Street Maintenance Fee Charges are being charged on a per dwelling unit basis,
• The Multi-family Residential charge is less than the Single Family Residential charge because the trip factor for
Mull is less than that of Single Family on a per dwelill unit basis.
• Trip factors are based on information provided in the Institute of Traffic Engineers Trip Generation Manual (Edition
9').
• The ITE Trip Generation Manual (Manual!) is the industry standard source for trip count information by land use.
• City Council has approved use of the Manual for the purpose of determining trip factors.
The fee applies to properties with active water meters and benefitted properties within the City Limits that do not
otherwise pay utilities.
• Government -owned properties, public schools, the hospital district, chartered schools and the Regional
Transportation Authority are exempt from the fee, (RTA contributes annuaily for street maintenance,)
WHY DO NON-PROFITS HAVE TO PAY?
• Non-profit agencies are still benefitted properties and are, therefore, subject to the fee.
The state limits local governments from approving more than a three cent property tax increase each year which
Heaves the City with several options:
The presiding City Council could!, raise taxes every year for four years to reach the 12 cents needled, delaying the
$15 million in funds to launch the street maintenance program resulting in more streets failing into disrepair.
• The City Council could let voters decide through a referendum vote for a 12 cent tax increase. If approved, the
additional 12 cents could be earmarked for street maintenance work.
• The City Council has discussed putting a referendum to voters, but for now, has approved a Street Maintenance
Fee.
WHY CAWT THE CITY USE A GAS TAX OR VEHICLE REGISTRATI OIL TO GET i'lilis MONEY?
• There is currently no mechanism for charging something similar to a street maintenance fee through gas taxes or
vehicle registration.
• These options are being addressed by the City, but require legislative action in Austin.
WHY ARE THE STATE AND, CITY EXEMPT?
- Taxing entities or schools which are financed through public funds are exempt Ibecause the fee would be passed
on to taxpayers, which would result in taxpayers paying the street maintenance fee twice: once for their home or
business and then again through their property taxes.
WILL RESIDENTS WHO DOWT OWN VIEHIC'LES HAVE TO PAY?
• Yes, even, if you do not own a vehicle or drive the streets, all residents receive goods and/or services that generate
travel on our City street system.
WHATIE I DO NIOT AGREE WITH HOW MY FEE IS ESTIMATED?
The City Council has approved ordinances which established an appealls process and a Street Maintenance Fee
Board of Appeals. Under the appeals process, you can contest your residency status (inside or outside City
Limits), active water meter status, or other account related items. A Non-residential customer may Mso contest the
number of meters for their property. Additional Non-residential customers may appeal the square footage living
area used to calculate their fee, the land use designation used to assign a trip factor, or whether they are a single
business with multiple water meters for which the living area square footage exceeds the cap of 118,000. Go to
the Corrections and Appeals web page for more information regarding the Street Maintenance Fee corrections
or appeals.
WILL THE MONEY ONLY BE USED FOR s,rREET MAINTENANCE?
- Yes, the City Council voted to create a dedicated Special Revenue Fund (Street Fund) in order to insure street
funds are only used on street expenses.
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Street Maintenance Fee FAQs
HOW LONG WILL 11" BE IN EFFECT?
• The ordinance Includes a sunset or expiration for the fee in 10 years
HOW MUCH MONEY IS ESTIMATED TO BE RAISED Y` "I STREET MAIN'rENANCIE IFEE?
- The street maintenance fee will raise an estimated $11.4 million annually and will be used only for the Street
Preventative Maintenance Program.
HAT' HAPPENS IF I DON'T PAY?
• Failure to pay the street maintenance fee could result in discontinuance of customer utility services.
• Delinquent customers may be subject to a lien placed on their properties.
WHATOT HIE R TEXAS CITIES IHA,VE STREET MAINTENANCE FEES?
- Both Austin and Bryan have had similar fees in place since the 1990's.
Return to the Street Maintenance Planning Introduction page.
HOME RESIDENTS VISITORS BUSINESS GOVERNMENT PRIVACY/ACCESSIBILITY POLICIES, CONTACT O'S
Z�
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DRAFT 1
Ordinance establishing rates, policies, and methodologies to
implement the street maintenance fee created by separate ordinance.
WHEREAS, City Council has established a street maintenance fee by separate
ordinance; and
WHEREAS, by this ordinance the City Council adopts the policies, rates, and
methodologies to implement the street maintenance fee,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. DEFINITIONS.
1) Benefitted Property means a residence; a business; or lot, parcel or
property within the city limits of the City that generates motor vehicle trips.
2) Director means the City Manager or designee.
3) Equivalent Residential Unit ( "ERU") means a unit of measurement for the
median size of a residence equal to 1,500 square feet. For Residential, an
ERU equals one. For Nonresidential, an ERU equals SF /1500 SF.
4) Land Use means one of the 131 land use categories recognized in the
Trip Factor Index.
5) Motor Vehicle Trip means each departure from and each arrival to a
property by a motor vehicle.
6) Nonresidential Benefitted Property means Benefitted Property not defined
as GE)MMernial RP- Sidled -al Repefitted Dreperty nr Residential Benefitted
Property under this article.
7) Residential Benefitted Property means a detached single - family
residence, attached multi - family housing, or a detached dwelling unit of a
mobile home park, recreational vehicle (RV) park, or manufactured home
community.
8) Square Footage ( "SF ") means the square footage of improvements
designated as "living area" as identified in the records of the Nueces
County Appraisal District ( "NCAD ").
9) Street Maintenance Fee ( "Fee") means the fee established by this article
imposed against, and collected from, owners or occupants of Benefitted
ORD #2 SMF (after 1st reading with Option E -per City Council at 6 -19 -13 workshop) 1 of 8
EXHIBIT 3
Property for the purpose of maintaining the street system of the City.
10) Street Preventative Maintenance Program ( "SPMP") means the street
maintenance program, as amended from time to time, funded by the
Street Maintenance Fee.
11)Street System means the structures, streets, rights -of -way, bridges, alleys,
and other facilities within the city limits of the City that are dedicated to the
use of vehicular traffic; the maintenance and repair of those facilities; and
the operation and administration of such maintenance and repair under
the Street Preventative Maintenance Program.
12) Trip Factor means a principle basis of service measurement, principally
derived from the trip generation rates published by the Institute of
Transportation Engineers.
13) Trig Factor Index means the table of applied land uses recognized by the
City of Corpus Christi for purposes of implementing the Street
Maintenance Fee.
14) Utility Customer ( "Customer') means the holder of a city utility account or
the person who is responsible for the payment of charges for a Benefitted
Property.
SECTION 2. FINDINGS.
The City Council finds and determines the following:
1) It is appropriate that a Benefitted Property pay the prorated annual cost of
the Street System that can reasonably be attributed to the Benefitted
Property.
2) The number of Motor Vehicle Trips generated by a Benefitted Property
may reasonably be used to estimate the prorated cost of the Street
System attributable to a Benefitted Property.
3) The size and use of a property may reasonably be used to estimate the
number of Motor Vehicle Trips generated by the property.
4) Based on the best available data, the method of imposing the Street
Maintenance Fee reasonably prorates the cost of the Street System
among Benefitted Properties.
5) It is reasonable and equitable to impose a set monthly fee per utility meter
for each Residential and Nonresidential Benefitted Property in
ORD #2 SMF (after 1st reading with Option E - per City Council at 6 -19 -13 workshop) 2 of 8
order to avoid a disproportionate burden on any Residential or
Nonresidential Benefitted Property.
6) It is reasonable and equitable to cap the square footage for a
Nonresidential Benefitted Property in order to avoid a disproportionate
burden on a Nonresidential Benefitted Property.
7) It is reasonable and equitable to cap the Trip Factor for Nonresidential
Benefitted Property in order to avoid a disproportionate burden on a
Nonresidential Benefitted Property.
8) If available, appraisal district property tax records may be relied on to
determine the size of Nonresidential Benefitted Property.
9) It is reasonable and equitable to derive trip generation rates for
(`nmmornial RP- SiGleRtial Residential and Nonresidential Benefitted
Property as determined and published by the Institute of Transportation
Engineers.
10) It is reasonable and equitable to assume that each utility meter in the
service area serves a Benefitted Property.
SECTION 3. TRIP FACTORS.
The Director shall assign to each Benefitted Property a Trip Factor according to
the property's use. The Director shall assume for each Nonresidential Benefitted
Property the number of trips per day as set by the Institute of Transportation Engineers.
The Director conducted a survey of Nonresidential Benefitted Property to
more specifically identify land use, in order to assign a more appropriate Trip Factor to
the land use categories shown in the Trip Factor Index (Exhibit "A ").
The Trip Factor Index will be maintained by the Director or his designee and may
be revised from time to time in accordance with this article.
For purposes of this article, a property's use does not depend on the property's
zoning. If a property fits more than one category of use, the Director shall assign a land
use Trip tht MGM -AGGa Fate l ! rofrlr p-p-4c r trhr - A. u -mr-hocr r or f IrNvArn � \ ./ohinl Trips
gGRGFatG "I by tho Pr9Por4Yi
ORD #2 SMF (after 1st reading with Option E - per City Council at 6 -19 -13 workshop) 3 of 8
SECTION 4. STREET FEE -ONLY ACCOUNT.
The Director shall create an account in the City's utility account billing system for
any Benefitted Property for which no utility account exists.
SECTION 5. FEE CALCULATION.
The Street Maintenance Fee shall be calculated based on the followina formula:
Rate x ERU x TF = Monthly Bill
ERU = Equivalent Residential Unit = 1500 SF.
For each dwelling unit of a Residential Benefitted Property, ERU = 1.
For each Nonresidential Benefitted Property, ERU = SF /1500 SF on a per
meter basis.
TF = Trip Factor
SECTION 6. RESIDENTIAL BENEFITTED PROPERTY.
The Fee for Residential Benefitted Property shall be on the basis of a set fee per
'„+ ,,,,;+ tFaGt „r PaFGe4 dwelling unit.
For a Residential Benefitted Property, each month a Customer shall pay an
amount equal to the following:
$5.99 x (1 ERU) x 1.00 (TF) = Monthly Bill (Single family)
$5.99 x (1 ERU) x 0.45 (TF) = Monthly Bill (Multi - family)
ORD #2 SMF (after 1st reading with Option E - per City Council at 6 -19 -13 workshop) 4 of 8
SECTION 7. NONRESIDENTIAL BENEFITTED PROPERTY.
The Director shall determine the Fee for Nonresidential Benefitted Property on
the basis of factors that include the trip generation rate published by the Institute of
Transportation Engineers for the land uses allowed.
For a Nonresidential Benefitted Property, per meter, each month, a Customer
shall pay an amount equal to the following:
$5.99 x (SF /1500 SF) x TF = Monthly Bill
The Director shall determine the square footage for a Nonresidential Benefitted
Property based upon building square footage of property as recorded by the Nueces
County Appraisal District. If appraisal district records are unavailable, the Director may
determine the size of a Nonresidential Benefitted Property from the best available
information.
Where the square footage for a Nonresidential Benefitted Property exceeds
48999 59,000 square feet on a per meter basis, the Director will consider and
determine the square footage for that property to be 199,999 59,000 square feet per
meter.
Where the Trip Factor for a Nonresidential Benefitted Property exceeds 4-6 3.78,
the Director will consider and determine the Trip Factor to be 4� 3.78.
Where multiple water meters exist on the property, square footage will be
distributed among the meters using the best available information.
SECTION 8. BILLING AND COLLECTION OF FEE.
The Street Maintenance Fee shall become effective January 1, 2014. Beginning
January 1, 2014, fees will be billed and collected each month on the utility bill for each
Benefitted Property. Payment is due upon receipt of the bill. The Utility Customer is
responsible for apportionment of Fees to any person or persons leasing units of the
Benefitted Property.
SECTION 9. RECOVERY OF UNPAID FEE.
The City may recover a Street Maintenance Fee that is not paid when due in an
action at law. The City may discontinue utility services to a user who fails to pay the Fee
when due.
SECTION 10. STREET MAINTENANCE FUND.
The City has created a special revenue fund known as the Street Fund. All fees
collected by the City for the purpose of maintenance of the Street System shall be
ORD #2 SMF (after 1st reading with Option E - per City Council at 6 -19 -13 workshop) 5 of 8
deposited in the Street Fund. It will not be necessary for the expenditures from the Fund
to specifically relate to any particular property from which the fees were collected.
The Director shall provide to the City Council an annual report of the Street Fund.
Every year the Director shall provide City Council a report on the progress of the
Street Preventative Maintenance Program (SPMP) and publish an updated three -year
map of street candidates to be considered for the maintenance program.
SECTION 11. RULES.
The Director shall adopt rules necessary for the administration of this article and
the Street Maintenance Fee. The Director shall be responsible for administration of this
article; developing all rules and procedures necessary to administer all provisions of this
article, developing maintenance programs; and establishing Street System criteria and
standards for the operation and maintenance of the Street System.
SECTION 12. APPEALS. OF TRIP FAGT-OR
owl
■
A reduced fee under this section is prospective only. A Customer may not
receive a refund resulting from a reduction under this section.
SECTION 13. DISPOSITION OF FEES AND CHARGES.
The fee paid and collected by virtue of this article shall not be used for the
general or government proprietary purposes of the City, except to pay for the equitable
share of the cost of accounting, management and government thereof.
Other than as described above, the fees and charges shall be used solely to pay
for the cost of operation, administration, planning, engineering, development of
guidelines and controls, inspection, maintenance, repair, improvement, and renewal of
the Street System and the costs incidental thereto.
ORD #2 SMF (after 1st reading with Option E - per City Council at 6 -19 -13 workshop) 6 of 8
SECTION 14. LOW- INCOME DISCOUNT.
A Customer who is eligible may apply for a discounted fee. A Customer shall
provide proof of eligibility in accordance with the rules and procedures established by
the Director. A Customer shall establish eligibility for a discounted fee on an annual
basis.
The Director shall adopt rules for the administration of this section, including
acceptable methods for showing and determining eligibility for a low- income discount.
A reduced fee under this section is prospective only. A Customer may not
receive a refund resulting from a reduction or discount under this section.
SECTION 15. EXEMPTIONS.
This article does not apply to a city, county, state, federal agency or department,
hospital district, publicly funded independent school district or charter school, public
institution of higher education, or regional transit authority.
SECTION 16. EFFECTIVE PERIOD.
This Ordinance takes effect immediately upon its passage and continues for ten
years. This Ordinance ceases to have effect ten years from date of its final passage,
unless further Council action is taken to extend this Ordinance.
SECTION 17. LIABILITY.
This article does not create additional duties on the part of the City. This article
does not waive the City's immunity under any law.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Nelda Martinez
Mayor
ORD #2 SMF (after 1st reading with Option E - per City Council at 6 -19 -13 workshop) 7 of 8
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2013, by the following vote:
Nelda Martinez
Chad Magill
Kelley Allen
Colleen McIntyre
Rudy Garza
Lillian Riojas
Priscilla Leal
Mark Scott
David Loeb
That the foregoing ordinance
was read for the second time and passed finally on this
the day of
2013, by the following vote:
Nelda Martinez
Chad Magill
Kelley Allen
Colleen McIntyre
Rudy Garza
Lillian Riojas
Priscilla Leal
Mark Scott
David Loeb
PASSED AND APPROVED, this the
ATTEST:
Armando Chapa
City Secretary
day of '2013.
Nelda Martinez
Mayor
ORD #2 SMF (after 1st reading with Option E - per City Council at 6 -19 -13 workshop) 8 of 8
TRIP FACTOR INDEX
9/10/2013
1 of 3 EXHIBIT 4
ITE Code
Based on ITE Trip Generation Manual Ed. 9
Land Use
Trip Factor
Capped Trip
Factor
(5.78)
Residential
1
210
Single Family Residential
1.00
1.00
2
250
Multi- family Residential
0.45
0.45
Non - Residential
1
440
Adult Cabaret
40.07
5.78
2
311
All Suites Hotel
1.03
1.03
3
640
Animal Hospital /Veterinary Clinic
5.03
5.03
4
876
Apparel Store
3.79
3.79
5
879
Arts and Crafts Store
5.94
5.78
6
493
Athletic Club
4.39
4.39
7
948
Automated Car Wash
11.41
5.78
8
942
Automobile Care Center
1.92
1.92
9
943
Automobile Parts & Service Center
5.68
5.68
10
843
Automobile Parts Sales
6.50
5.78
11
453
Automobile Racetrack
1.04
1.04
12
841
Automobile Sales
3.10
3.1
13
865
Baby Superstore
2.88
2.88
14
433
Batting Cages
7.93
5.78
15
872
Bed and Linen Superstore
4.76
4.76
16
868
Book Superstore
15.08
5.78
17
437
Bowling Alley
3.50
3.5
18
940
Bread /Donut /Bagel Shop w/ Drive - through Window
32.17
5.78
19
939
Bread /Donut /Bagel Shop w/o Drive - through Window
50.89
5.78
20
812
Building Materials and Lumber Store
4.57
4.57
21
312
Business Hotel
1.53
1.53
22
770
Business Park
1.00
1
24
566
Cemetery
0.20
0.2
25
560
Church
1.40
1.4
26
630
Clinic
2.95
2.95
27
937
Coffee /Donut Shop with Drive - through Window
85.99
5.78
28
938
Coffee /Donut Shop with Drive - through Window and no indoor s
189.08
5.78
29
936
Coffee /Donut Shop without Drive - through Window
57.35
5.78
30
021
Commercial Airport
17.42
5.78
31
811
Construction Equipment Rental Store
0.99
0.99
32
852
Convenience Market (Open 15 -16 hours)
53.81
5.78
33
851
Convenience Market (Open 24 Hours)
80.32
5.78
34
853
Convenience Market w/ Gasoline Pumps
103.71
5.78
35
920
Copy, Print and Express Ship Store
11.38
5.78
36
714
Corporate Headquarters Building
0.84
0.84
37
160
Data Center
0.10
0.1
38
565
Day Care Center
5.78
5.78
39
875
Department Store
2.42
2.42
40
857
Discount Club
4.48
4.48
41
869
Discount Home Furnishing Superstore
2.31
2.31
42
854
Discount Supermarket
10.07
5.78
43
454
Dog Racetrack
1.02
1.02
1 of 3 EXHIBIT 4
TRIP FACTOR INDEX
9/10/2013
2of3
ITE Code
Based on ITE Trip Generation Manual Ed. 9
Land Use
Trip Factor
Capped Trip
Factor
(5.78)
44
925
Drinking Place
13.28
5.78
45
912
Drive -in Bank
12.99
5.78
46
896
DVD /Video Rental Store
13.60
5.78
47
863
Electronics Superstore
4.73
4.73
48
520
Elementary School
1.62
1.62
49
823
Factory Outlet Center
3.03
3.03
50
934
Fast -Food Restaurant w/ Drive - through window
56.64
5.78
51
933
Fast -Food Restaurant w/o Drive - through window
72.22
5.78
52
935
Fast -food Restaurant with Drive - through Window and no
Indoor Seating
44.99
5.78
53
815
Free - Standing Discount Store
6.25
5.78
54
813
Free - Standing Discount Superstore
5.65
5.65
55
890
Furniture Store
0.53
0.53
56
817
Garden Center
8.77
5.78
57
944
Gasoline /Service Station
53.81
5.78
58
945
Gasoline /Service Station w/ conv. Mkt.
103.71
5.78
59
946
Gasoline /Service Station w/ conv. Mkt. & car wash
103.71
5.78
60
022
General Aviation Airport
0.77
0.77
61
120
General Heavy Industrial
0.16
0.16
62
110
General Light Industrial
0.56
0.56
63
710
General Office Building
0.89
0.89
64
430
Golf Course
0.20
0.2
65
432
Golf Driving Range
5.62
5.62
66
918
Hair Salon
3.23
3.23
67
816
Hardware /Paint Store
6.16
5.78
68
492
Health /Fitness Club
3.21
3.21
69
530
High School
1.07
1.07
70
152
High -Cube Warehouse
0.15
0.15
71
932
High- Turnover (Sit -Down) Restaurant
14.00
5.78
72
862
Home Improvement Superstore
4.03
4.03
73
610
Hospital
1.29
1.29
74
310
Hotel
1.66
1.66
75
130
Industrial Park
0.57
0.57
76
030
Intermodal Truck Terminal
0.79
0.79
77
540
Junior /Community College
2.27
2.27
78
441
Live Theater
0.67
0.67
79
591
Lodge /Fraternal Organization
16.44
5.78
80
140
Manufacturing
0.32
0.32
81
420
Marina
0.57
0.57
82
897
Medical Equipment Store
0.63
0.63
83
720
Medical - Dental Office Building
2.89
2.89
84
522
Middle School /Junior High School
1.45
1.45
85
431
Miniature Golf Course
1.18
1.18
86
151
Mini - Warehouse
0.25
0.25
87
562
Mosque
11.40
5.78
88
320
Motel
1.18
1.18
2of3
TRIP FACTOR INDEX
9/10/2013
3of3
ITE Code
Based on ITE Trip Generation Manual Ed. 9
Land Use
Trip Factor
Capped Trip
Factor
(5.78)
89
443
Movie Theater w/o Matinee
8.64
5.78
90
444
Movie Theater with Matinee
9.78
5.78
91
445
Multiplex Movie Theater
11.25
5.78
92
435
Multipurpose Recreational Facility
3.35
3.35
93
580
Museum
0.52
0.52
94
818
Nursery (Wholesale)
3.04
3.04
95
620
Nursing Nome
0.80
0.8
96
750
Office Park
0.90
0.9
97
867
Office Supply Superstore
3.40
3.4
98
866
Pet Supply Superstore
5.37
5.37
99
881
Pharmacy /Drugstore w/ Drive - through window
10.18
5.78
100
880
Pharmacy /Drugstore w/o Drive - through window
9.46
5.78
101
536
Private School (K -12)
4.60
4.6
102
534
Private School (K -8)
10.12
5.78
103
931
Quality Restaurant
9.32
5.78
104
941
Quick Lubrication Vehicle Shop
6.34
5.78
105
491
Racquet /Tennis Club*
3.77
3.77
106
495
Recreational Community Center
2.90
2.9
107
842
Recreational Vehicle Sales
2.54
2.54
108
760
Research & Development Center
0.66
0.66
109
330
Resort Motel
0.71
0.71
110
947
Self- Service Car Wash
18.36
5.78
111
820
Shopping Center
4.37
4.37
112
715
Single Tenant Office Building
1.22
1.22
113
488
Soccer Complex
11.53
5.78
114
826
Specialty Retail Center
4.30
4.3
115
861
Sporting Goods Superstore
3.69
3.69
116
850
Supermarket
12.93
5.78
117
561
Synagogue
1.23
1.23
118
490
Tennis Courts
0.08
0.08
119
848
Tire Store
2.61
2.61
120
849
Tire Superstore
2.09
2.09
121
864
Toy /Children's Superstore
5.45
5.45
122
810
Tractor Supply Store
2.37
2.37
123
950
Truck Stop
13.63
5.78
124
814
Variety Store
6.73
5.78
125
911
Walk -In Bank
12.13
5.78
126
150
Warehousing
0.41
0.41
127
414
Water Slide Park
141.06
5.78
128
010
Waterport /Marine Terminal
0.46
0.46
129
1 860
lWholesale Market
0.57
1
0.57
3of3
Example Transportation Fee Calculations
Denton $8 million in annual revenue fee level, Corpus Christi trip factor and building area caps
Trip Factor Building Area Monthly Fee Monthly Fee
Example Type
ITE Category
Trip Factor
(cappedat5.78)
Building Area
(capped at 118,000)
Uncapped
Capped
Single-family house
1.00
1.00
$9.97
$9.97
Single Family Residential
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Multi-family unit
0.45
0.45
$4.49
$4.49
Multi-family Residential
--------------------------------------
Walmart
-----------------------------------------------------------------------------------------------------------------------------------------------------
5.65
5.65
159,952
118,000
$6,007
$4,431
Rayzor Ranch North
Free-Standing Discount Superstore
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sally Beauty Headquarters
0.89
0.89
203,196
118,000
$1,202
$698
Colorado at Brinker
General Office Building
- - - - - - - - - -
Walgreens Walgreens
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -
10.18
- - - - - - - - - - - - - - - - - - -
5.78
- - - - - - - - - - - - - - - - - - -
13,833
- - - - - - - - - - - - - - - - - - - - - -
13,833
- - - - - - - - - - - - - - - - - -
$936
- - - - - - - - - - - - - -
$531
Carroll at University
Pharmacy/Drugstore w/ Drive-through window
---------------------------------------------------------------------------------------------------------------------------------------------------
Peterbilt Plant
0.56
0.56
631,673
118,000
$2,351
$439
Airport at Precision
- - -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Light Industrial
Value Place Extended Stay
1.03
1.03
43,097
43,097
$295
$295
1-35 at Worthington
All Suites Hotel
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------
QuikTrip
103.71
5.78
4,847
4,847
$3,341
$186
Carroll at Eagle
Convenience Market w/ Gasoline Pumps
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Frame Street Self Storage
0.25
0.25
53,327
53,327
$89
$89
Frame at Mingo
Mini-Warehouse
North Texas Bone &Joint
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2.89
2.89
4,493
4,493
$86
$86
Colorado, W side of DRIVIC
- - - ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Medical-Dental Office Building
Cornerstone Car Wash
18.36
5.78
2,200
2,200
$268
$85
Loop 288 at Hummingbird
Self-Service Car Wash
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Denton Donuts
50.89
5.78
1,018
1,018
$344
$39
Carroll at University Bread/Donut/Bagel Shop w/o Drive-through window
Based on Denton Central Appraisal District building area and ITE Trip Generation Manual Ed. 9 Land Use
Exhibit 5
Figure 17 —5 Year Annual OCI
By examining the differences between the various budgets and OCI results, the benefits of maintaining
the system at its current level of service may be compared against letting the system deteriorate and then
attempting to rebuild it (essentially the cost of the Do Nothing option in terms of returning the system back
to its original OCI). The amount of cost savings for Denton may be estimated at:
1. The Unlimited budget raises the OCI from 63 to a peak of 92 and costs approximately $160M or
$5.5M per point increase (63 = starting OCI, 92 = Final OCI, $160M / (92 -63) _ $5.5M per OCI
point raised).
2. The $10.OM annual budget maintains the OCI at 63 and invests approximately $50M over 5
years.
3. The do nothing drops the OCI from 63 to 52 for an 11 point OCI drop. At $5.5M per point (as
developed in item 1. above) this equates to $60M being required to return the system to an OCI
of 63. (63 -52) x $5.5 /pt = $60M
4. The cost to maintain the system on an annual basis therefore $10M dollars less than letting it
deteriorate and then attempting to rebuild the network ($60M - $50M = $10M).
IDIS Iiifr(t�vtructure Dlariageinerit Services Denton Report Revldoc page 27
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
November 5, 2013
Materials Management
Bryan Langley
, -A
Questions concerning this
acquisition may be directed
to Phil Williams at 349 -8487
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 those cities
and utilities providing energy transmission services to the City of Denton; and providing an
effective date (File 5388- Electrical Energy Transmission Fees for Fiscal Year 2013 -14 in the
total amount of $2,856,319.94). The Public Utilities Board recommends approval (7 -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 Utility 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 fee amounts. Purchase orders
issued by the City provide the authority required by the City Charter to make those payments.
These purchase orders will encumber funds estimated as costs for services through September
2014. No funds will actually be expended until invoices are received, reviewed, and approved.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On October 14, 2013, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Approve the payment of electrical energy transmission fees to the following cities and utilities in
the amounts shown below for a total award of $2,856,319.94.
Entity Amount
Cross Texas Transmission $ 266,151.24
Electric Transmission Texas $ 499,378.62
Lone Star Transmission $ 406,253.77
Lower Colorado River Authority $1,268,545.00
Sharyland Utilities $ 160,091.75
Texas Municipal Power Agency $ 87,324.53
Wind Energy Transmission Texas $ 168,575.03
Agenda Information Sheet
November 5, 2013
Page 2
PRINCIPAL PLACE OF BUSINESS
Cross Texas Transmission
Austin, TX
Electric Transmission Texas
Canton, Ohio
Texas Municipal Power Agency
Bryan, Texas
Wind Energy Transmission Texas
Austin, TX
Lone Star Transmission
Austin, TX
Lower Colorado River Authority
Houston, Texas
Sharyland Utilities
Midland, TX
ESTIMATED SCHEDULE OF PROJECT
These fees are estimated for electric transmission services through September 2014
FISCAL INFORMATION
Funds to meet these regulatory fee obligations were budgeted in 2013 -2014 budget account
600100.6072.5650A. Requisitions have been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Public Utilities Board Draft Minutes
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
1 AIS -File 5388
Exhibit 1
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 October 14, 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, October 14 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
8 Center, 901A Texas Street, Denton, Texas.
9
10 Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy
11 Robinson, Leonard Herring, Phil Gallivan Barbara Russell and Lilia
12 Bynum
13
14 Ex Officio Members: Howard Martin, ACM Utilities
15
16 Absent: George Campbell City Manager
17
18 OPEN MEETING:
19
20 CONSENT AGENDA:
21
22 7) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing
23 the expenditure of funds for payments by the City of Denton for electrical energy
24 transmission fees to Cross Texas Transmission (CTT), Electric Transmission Texas (ETT),
25 Lone Star Transmission (LST), Lower Colorado River Authority (LCRA), Sharyland
26 Utilities (SHRY), Texas Municipal Power Agency (TMPA), and Wind Energy Transmission
27 Texas (WETT) for providing energy transmission services to the City of Denton; and
28 providing an effective date (File 5388 -2013 CTT- $266,151.24 / ETT- $499,378.62 / LST-
29 $406,253.77 / LCRA- $1,268,545.00 / SHRY- $160,091.75 / TMPA- $87,324.53 / WETT-
30 $168,575.03 — Total Amount of $2,856,319.94).
31
32 Board Member Herring knows the $2.8 million is through ERGOT. We also get money
33 when substations are built because a fee is charged. Do we know the net effect, are we
34 paying more out than we are getting in. David Wilson, DME Business Manager, stated about
35 $3 million a year is coming in.
36
37 Gallivan asked where all these lines are. Williams answered that the majority of these were
38 approved by the Public Utility Commission for CRES projects from the West Texas to the load
39 centers.
40
41 There was some further discussion.
42
43 Martin added that this was looked at and legislatively these payments are required. There is
44 really no option to not pay these. Just like others are required to pay their share of our lines we
45 are required to pay too. Some time ago the items that are legislatively or regulatory required that
46 we pay, they were taken off of the Public Utilities Board and City Council for approval since
Draft Minutes of the Public Utilities Board Meeting
October 14, 2013
Page 2 of 2
1 there is no option. There has been talk to do the same with these payments but have not at this
2 point.
4 Motion was made by Board Member Cheek with the second by Board Member Robinson.
5 The vote was 7 -0 approved.
6
7 Adjournment 10:26 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 THOSE CITIES AND UTILITIES PROVIDING ENERGY
TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE
DATE (FILE 5388- ELECTRICAL ENERGY TRANSMISSION FEES FORFISCAL YEAR 2013-
14 IN THE TOTAL AMOUNT OF $2,856,319.94).
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 the seven listed
utilities set forth in Exhibit "A "; 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 amount of $2,856,319.94 to be paid to the
listed utilities in the specified amount shown on Exhibit "A ", which is attached hereto and made a
part of this ordinance for all purposes, 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 5388 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
I
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
M.
3 -ORD -FILE 5388
EXHIBIT "A"
Entity Amount
Cross Texas Transmission
$
266,151.24
Electric Transmission Texas
$
499,378.62
Lone Star Transmission
$
406,253.77
Lower Colorado River Authority
$1,268,545.00
Sharyland Utilities
$
160,091.75
Texas Municipal Power Agency
$
87,324.53
Wind Energy Transmission Texas
$
168,575.03
Total $2,856,319.94
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
November 5, 2013
Materials Management
Bryan Langley �_A
Corr se i'0 geu..A
Questions concerning this
acquisition may be directed
to Kevin Gunn at 349 -8595
Consider adoption of an ordinance authorizing the City Manager to execute a Cooperative
Purchasing Program Agreement with the North Central Texas Council of Governments
( NCTCOG) under Section 791.001 of the State of Texas Government Code, and to authorize the
City of Denton to participate in the NCTCOG Cooperative Data Program; authorizing the
expenditure of funds therefor; and declaring an effective date (File 5355- Cooperative Program
Agreement with the North Central Texas Council of Governments for Cooperative Data Program
(CDP) in the amount of $6,000).
FILE INFORMATION
This Agreement will allow the City of Denton to access the North Central Texas Council of
Governments ( NCTCOG) Cooperative Data Program (CDP) content and services which include:
Geographic Information Services (GIS) data, Land Use Inventory, Census Data, Development
Monitoring, Population Estimates, Housing Estimates, Small Area Estimates (by industry
sector), and Technical Assistance. The data allows staff to understand, interpret, analyze, and
visualize relationships, patterns, and trends in urban areas of Dallas, Fort Worth, and Denton.
This information is used to assist staff in making informed decisions regarding demographics,
census, real estate site selections, route corridor selections, evacuation planning, conservation,
and environmental issues.
Section 791.001 of the Government Code requires that all interlocal contracts must be authorized
by the governing body, regardless of the dollar amount. The only exception to this is municipally
owned electric utilities -these entities have a $100,000 threshold before authorization by the
governing body is required.
RECOMMENDATION
Approve a Cooperative Data Program Agreement with the North Central Texas Council of
Governments in the amount of $6,000.
PRINCIPAL PLACE OF BUSINESS
North Central Texas Council of Governments
Arlington, TX
Agenda Information Sheet
November 5, 2013
Page 2
ESTIMATED SCHEDULE OF PROJECT
This agreement will be effective when signed and will remain in effect until September 30, 2014.
The agreement will automatically renew for successive one (1) year terms unless sooner
terminated in accordance with Article 6 of the Agreement.
FISCAL INFORMATION
The services provided under this agreement will be funded from operating account 800300.6504.
EXHIBIT
Exhibit 1: Ordinance and Cooperative Participation Agreement
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
1 -AIS -File 5355
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE NORTH CENTRAL
TEXAS COUNCIL OF GOVERNMENTS ( NCTCOG) UNDER SECTION 791.001 OF THE
STATE OF TEXAS GOVERNMENT CODE, AND TO AUTHORIZE THE CITY OF
DENTON TO PARTICIPATE IN THE NCTCOG COOPERATIVE DATA PROGRAM;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN
EFFECTIVE DATE (FILE 5355- COOPERATIVE PROGRAM AGREEMENT WITH THE
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR COOPERATIVE DATA
PROGRAM (CDP) IN THE AMOUNT OF $6,000).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute the
Cooperative Data Program Public Entity Participation Agreement with the North Central Texas
Council of Governments ( NCTCOG) under Section 791.001 of the Texas Government Code, a
copy of which is attached hereto and incorporated by reference herein (the "Agreement').
SECTION 2. The City Manager or his designee is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5355 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
nim
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
2 -ORD -File 5355
EXHIBIT 1
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
COOPERATIVE DATA PROGRAM PUBLIC ENTITY PARTICIPATION AGREEMENT
This Agreement ( "Agreement ") is made and entered into on the day of w_, 2013,
between the North Central Texas Council of Governments ( "NCTCOG "), and City of Denton, Texas,
( "Participant "). The purpose of this Agreement is to outline the terms and conditions of Participant's
access to and participation in NCTCOG's Cooperative Data Program (CDP).
Whereas, NCTCOG collects, stores, maintains, updates, enhances, and conducts quality
control activities on data used individually by member governments and other entities across the
region for local and regional projects;
Whereas, NCTCOG's data collection, enhancement and dissemination efforts provides added
value to its member governments and the NCTCOG region in support of local and regional projects by
making available high quality, enhanced data through integrated tools;
Whereas, in the past, these data collection, enhancement, and dissemination efforts were
supported through a variety of state and federal grants; however, the funding from those sources has
either diminished or been eliminated;
Whereas, in order for NCTCOG to continue to provide the data collection, enhancement, and
dissemination available to member governments, additional funding sources are necessary;
Whereas, the Cooperative Data Program was developed as a mechanism to provide sufficient
funds for NCTCOG to continue to provide data collection, enhancement and dissemination to member
governments and other entities in support of local and regional projects;
Whereas, without funding through the Cooperative Data Program, NCTCOG's historical data
collection, enhancement, and dissemination efforts that the member governments and other entities
have come to rely on would cease to exist in its present form;
Whereas, Participant is desirous of participating in NCTCOG's Cooperative Data Program in
order to ensure NCTCOG has sufficient funding to continue to provide these value -added services to
the region and obtain access as a participant to high - quality, enhanced data through integrated tools
developed by NCTCOG.
Whereas, NCTCOG and Participant are local governmental entities pursuant to the Interlocal
Cooperation Act, Chapter 791 of the Texas Government Code, and as such may contract with one
another for the provision of governmental functions and services of mutual interest.
Now, therefore, NCTCOG and Participant agree as follows:
Article I.
Definitions
1. "Cooperative Data Program" or "CDP" means a user - supported system developed by
NCTCOG to facilitate efficient data collection, enhancement, and dissemination.
2. " NCTCOG Content" means data, GIS layers, reports, maps, and other informational items
developed or enhanced by NCTCOG.
3. " NCTCOG Software" means computer applications, interactive websites, online tools, and any
other electronic mechanism developed by NCTCOG to facilitate access to data.
North Central Texas Council of
f Governments Page 1
Cooperative Data Program Participation Agreement
EXHIBIT 1
4. "Participant" means an organization that voluntarily joins the Cooperative Data Program,
5. "Participant's Authorized User" or "User" means an employee of or student at a participant
organization.
6. "Third -Party Content" means data, GIS layers, reports, maps, and other informational items
developed by an organization other than NCTCOG.
Article II.
Term
1. The term of this Agreement is from October 1, 2013 to September 30, 2014, unless terminated
as provided herein.
2. The term of this Agreement shall be automatically renewed for as many successive one year
periods upon payment of the applicable Participant Fee by Participant prior to the expiration of
the term of this Agreement, unless otherwise terminated under the provisions herein.
Article III.
Participant Fee
1. NCTCOG shall periodically publish a Schedule of Fees in advance of the upcoming Fiscal
Year for the CDP. The applicable Schedule of Fees is included as Attachment 1, which is
incorporated herein by reference.
2. The Schedule of Fees may be updated from time to time at NCTCOG's discretion. Any
increase or decrease in the applicable Participant Fee shall not become effective until the next
renewal period.
3. Participant is a City with 116,950 population and agrees to pay a Participant Fee of $6,000.00
to NCTCOG for participation in the CDP Program.
Population is determined by NCTCOG through NCTCOG's Annual Population Estimates
Program.
4. Any fees paid hereunder are non - refundable.
5. The performance of governmental functions or services under this Agreement are being paid
with current revenues available to the paying party.
Article IV.
Cooperative Data Program Elements
1. Upon payment of the applicable Participant Fee, Participant shall be granted access to CDP
Content and services as described herein through a web -based interface allowing Participant
and its Users to access the content remotely, including but not limited to the following data
elements:
North Central Texas Council of Governments Page 2
Cooperative Data Program Participation Agreement
EXHIBIT 1
a. GIS Data Clearinghouse — website providing download of GIS files including census
geographies, city boundaries, major developments and features, ISD boundaries, and
land use.
b. Land Use — inventory of land based on use such as residential, commercial and
industrial.
c. Census Data — processed decennial census and American Community Survey data
including characteristics such as race, age, income, household type, and educational
attainment.
d. Development Monitoring — identification and tracking of developments with at least
80,000 square feet.
e. Population Estimates — annual, current -year population estimates for cities and
counties.
f. Housing Estimates — annual, current -year estimates by unit type (single family, multi-
family, other) for cities.
g. Small area Estimates — estimates of population and employment by industry sector
(goods producing, services providing, and retail) for census tracts, cities and counties,
h. Daytime Population — estimated number of people in a city during normal business
hours.
i. Technical Assistance — staff shall provide responses to inquiries related to NCTCOG
data by phone and email, subject to staffing and resource availability during regular
business hours.
2. NCTCOG shall periodically publish the Content, Services and Data available through the CDP,
which is subject to change at NCTCOG's discretion. Web -based access to the CDP is
subject to and may be limited or not available during periods of routine network maintenance
or Internet service disruptions not under the control of NCTCOG.
Article V.
Use of Data /Restricted Uses
Participant shall be granted a non - exclusive, non - transferable right to use the NCTCOG
Content and Software, and any Third -Party Content made available to NCTCOG for inclusion
in the CDP, for its own internal business purposes. Participant shall only use the NCTCOG
Software, NCTCOG Content, and Third -Party Content as incorporated into the CDP and may
not implement or use any NCTCOG Software, NCTCOG Content, or Third -Party Content after
expiration or termination of this Agreement. Participant agrees it shall not reproduce any
element of NCTCOG Software, Content or Third -Party Content except as may be expressly
provided in this Agreement.
2. Access to NCTCOG Software and Content is subject to the terms of this Agreement. Access
to Third -Party Content is subject to the terms and conditions of Third -Party providers, if
applicable.
3. Participant agrees to use Content, Services, and Data from the CDP only as authorized in this
Agreement, unless otherwise consented to in writing by NCTCOG or required by law.
4. Participant agrees that the following are unauthorized uses of the CDP and if used in such
manner shall constitute of breach of this Agreement:
a. Providing access to the CDP, directly or indirectly, to third parties in any manner
including but not limited to sublicensing, timesharing, and rental;
North Central Texas Council of Governments Page 3
Cooperative Data Program Participation Agreement
EXHIBIT 1
b. Downloading CDP Content, Services and Data and distributing to third parties not
under contract with Participant;
c. Providing CDP Content, Services, and Data to consultants and /or contractors of
Participant without limiting such consultant and /or contractor's use of the CDP Content,
Services and Data solely for Participant's business purposes and return or destruction
of such Content, Services, and Data to Participant upon completion of such purposes
as stated in the Data Sharing Agreement provided in Attachment 2 and providing such
executed Agreement to NCTCOG;
d. Using the CDP in connection with any redistribution of the Content, Services, Data
and /or Software;
e. Downloading CDP Content, Services, and Data for distribution to non -CDP participants
through Participant's own website;
f. Enabling access to unauthorized users, including sharing of CDP login and password
information.
5. Participant shall include a credit reference to NCTCOG in any publications that make use of
the Content, Data and Services of the CDP in substantial conformity with the following:
"Content, Services, and Data from the North Central Texas Council of Governments'
Cooperative Data Program were used in the preparation of these materials."
6. Upon payment of the Participant Fee, Participant shall be granted web -based access to the
Content, Services, and Data of the CDP. Such access shall be protected through a
username /password, with User bearing responsibility of protecting access to the CDP through
selection of a complex password and safeguarding of the password.
7. Authorized Users of Participant (e.g., employees, students) shall be provided access upon
request to NCTCOG. User name authentication is at the Participant level, thus User must use
an email address assigned by Participant and not a personal email address, unless agreed to
otherwise by NCTCOG. NCTCOG shall not unreasonably withhold its approval of requests to
permit User access. NCTCOG shall require Participant's Users to acknowledge the limitations
of the CDP through the login process for web -based access.
Article VI.
Termination
NCTCOG reserves the right to terminate this Agreement and Participant's access to the CDP
only upon 30 days written notice of Participant's failure to comply with the terms herein.
Participant shall have the opportunity to cure such failure to comply as specified in NCTCOG's
written notice. Termination will be effective only in the event Participant fails to cure such
failure to comply. In the event of termination, Participant shall not be entitled to a refund of
Participant Fees unless agreed otherwise in writing by NCTCOG.
2. NCTCOG reserves the right to immediately suspend access to the CDP of any of Participant's
Authorized Users, if NCTCOG reasonably believes that the Authorized User is violating the
terms of this Agreement or the Limitations of User outlined herein. NCTCOG shall provide
written notice to Participant of such suspension. Such User's access may be restored upon
mutual agreement between NCTCOG and Participant.
3. NCTCOG reserves the right to terminate this Agreement with no further obligation to
Participant in the event the CDP program is discontinued.
Page 4
North Central Texas Council of Governments Pa g
Cooperative Data Program Participation Agreement
EXHIBIT 1
Article VII.
Warranties and Representations
The Content, Services, and Data provided through the CDP are derived from a variety of
public and private sector sources considered dependable, but the accuracy, completeness,
and currency thereof are not guaranteed. NCTCOG provides CDP Content, Services, and
Data "AS IS" without warranty of any kind, whether express or implied, including but not limited
to warranties of merchantability, non - infringement, and /or fitness for a particular purpose.
NCTCOG makes no warranty as to the accuracy, completeness, currency, reliability, or
suitability for any particular purpose of information or data contained in the NCTCOG
Software, Content, Services or Data.
2. NCTCOG, nor its officers, directors, employees, and /or agents, shall not assume any liability
associated with the use of the Content, Services or Data of the CDP by Participant, and
assume no responsibility to maintain such Content, Services or Data of the CDP in any
manner or form. Participant shall assume any and all liability associated with use of the
Content, Services or Data in the CDP.
3. Participant, by accessing the CDP, agrees to release NCTCOG, its officer, directors,
employees, and /or agents for any and all liability related to Participant's use of the CDP
Content, Services, and Data. In no event, shall NCTOCG, its officers, directors, employees
and /or agents be liable for any damages related to Participant's use of the CDP.
4. The CDP contains links to other websites. NCTCOG does not generate or check information,
data, or program material accessed through links in the CDP.
Article VII.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the state
of Texas. The Parties agree that exclusive venue shall lie in Tarrant County, Texas.
2. Participant shall not assign any rights under this Agreement.
3. In the event that any provision of this Agreement is held to be invalid or unenforceable, the
remaining provisions of this Agreement will remain in full force and effect.
4. Each party acknowledges that it has read and understands this Agreement, and agrees to be
bound by its terms. This Agreement constitutes the complete agreement between the parties
and supersedes all previous agreements or representations, written or oral, with respect to
the CDP specified herein. This Agreement may not be modified or amended except in writing
signed by a duly- authorized representative of each party.
5. In the event either party is delayed or hindered in or prevented from the performance of any
act required hereunder by reason of a Force Majeure event, then performance of such act will
be excused for the period of such delay, provided however, that such party shall exert its
North Central Texas Council ... � Governments
of Governments Page 5
Cooperative Data Program Participation Agreement
EXHIBIT 1
reasonable efforts to overcome such Force Majeure Event and to resume performance of its
obligations in a timely manner
6. Participant agrees and hereby authorizes NCTCOG reasonable access to records used to
validate usage of the software used in conjunction with this Agreement for purposes of
verifying Participant's compliance with this Agreement during the Term.
g
The Parties have executed this Agreement on the day of 2013.
NORTH CENTRAL TEXAS COUNCIL PARTICIPANT
OF GOVERNMENTS
Mike Eastland
Executive Director
- .. --- - -- 6"u, ....m.._.__ Page 6
North Central Texas C ntil of Governments
Cooperative Data Program Participation Agreement
EXHIBIT I
irm,1=111
Cooperative Data Program Annual Fee Schedule
Effective October 1, 2012
. . ........... .......... . .. - . .....
. .............. .. ................ . ............. - --- --
rganiz anon , Type Annual F
by Population
1500,000 & greater
$7,000
- — ------ ------- ---------- --
100, - 499,999 -------- - - - -._ ..... . ..... .. . .. .......... ...
$6,000
. . ................ .
50,000 - 99,999
-- - --------
$5,000
.. . . . ..... ....
...... ...... . "'"
$4, 000
.... ............. . . ------------- . ..... .. .............. . .... . ......... . . ......... ............. . .
10,000 - 24,999
000
$3,000
--- . .. .... . ... - -
0 00 9,999
$2,000
1. 1 000 - 4,99 9
$ 1 000
. ....... .
Less than 1,000
. - -
- --- --------------
$5001
............ . . . . . . . .. . .................... 1---, . .....
o .... . .... . . -
Cunties by Population
. ................. .. ........... . .
750,000 & greater
$5,000
I'll - ....... - - - - ----- - -------------- -----------
100,000 - 749,9 99
$4,000
- — -- -------------
Less than 100,000
......... . . . . . .....
$3,000
. ............... -11- --------------------- -------
Private Sector Organizations
— - - - - - -----------------------
100 employees & greater
$7,500
..... . ............... ...... .
�20 - 99 employees
........ .
.
$4,000
.. ... .. . . .... .... .... ...
�Le'ss'th'a'n 2-0- ....... . . . . . . . ..... .. ............ . . ............ ...
.
$1'd.0..0
-- ----- -- . . . . . . ....... -------- . ............. . . . . . ................. ...
ppC Other Organizations
Colleges "and -Universities "",
$7,500
.. . ........
1,bFW-Airport . ........ . ............ . . . . ...... ................. ...... ........ . ........ . .. . ......
$'7",' 0 00
. .. ..... . ... .... .... -- ----- .... .... .
�I'ndepen"de`nt School'"Dis, Districts........
$4 0 0
[S'pe'ci a'l Districts ...... ..... ...... ..... . ..........................
11 11 "00
1 $4' ®.:_.....::.
MOTOTS =-tM- Mot 9 1 1 4AIIIA114
EXHIBIT 1
Attachment 2
Cooperative Data Program Contractor Data Sharing Agreement
This Data Sharing Agreement is made and entered into on the day of .
2013, between
and .. (Contractor), to set out
the terms and conditions with respect to access to certain Content, Data, and Services in the North
Central Texas Council of Governments' ( NCTCOG) Cooperative Data Program (CDP Program).
Whereas, NCTCOG and (CDP Participant) have entered into an
Agreement related to Participant's access to Content, Data, and Services in NCTCOG's CDP
Program.
Whereas, the CDP Program Agreement prohibits Participants from providing CDP Content,
Services, and Data to consultants and /or contractors of Participant without limiting such consultant
and /or contractor's use of the CDP Content, Services and Data solely for Participant's business
purposes and requiring the return or destruction of such Content, Services, and Data to Participant
upon completion of such purposes through a Data Sharing Agreement.
Section 1. Contractor agrees that it is authorized to use NCTCOG's CDP Program Content,
Data and Services solely for the purpose of carrying out a specific project or objective of the CDP
Participant for which Contractor has been engaged by Participant to conduct. The CDP Content, Data
and Services data shall be used for purposes no greater than reasonably needed to achieve the
objectives of the CDP Participant.
Section 2. Contractor agrees to comply with the Article V. Uses of Data /Restricted Uses in
the CDP Agreement between Participant and NCTCOG.
Section 3. Contractor agrees to return all CDP Data back to Participant, or to destroy said
Data, after completion of the project. This Data may not be used for other projects unless written
permission is obtained from NCTCOG.
Section 4. Execution of this Agreement signifies that the Contractor agrees to and
acknowledges the restrictions of use for the CDP Program Content, Data and Services. Violation of
these terms and conditions herein may result in termination of the CDP Program Agreement between
NCTCOG and Participant.
CDP PARTICIPANT
Authorized Representative
Signature
Phone Number
Email Address
North Central Texas Council of Governments
Cooperative Data Program Participation Agreement
CONTRACTOR
Authorized Representative
Signature
Phone Number
Email Address
Page 8
AGENDA DATE:
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
November 5, 2013
Materials Management
Bryan Langley �_A
Questions concerning this
acquisition may be directed
to Terry Kader at 349 -8729
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his
designee to execute a contract with the Houston- Galveston Area Council of Governments (H-
GAC) for the acquisition of one (1) flushing /vacuum trick for the City of Denton Wastewater
Collections department; and providing an effective date (File 5393- Purchase of
Vacuum /Flushing Trick awarded to Rush Trick Center, Houston in the amount of $98,572 for
the cab /chassis and GapVax, Inc. in the amount of $197,475 for the trick body for a total award
of $296,047). The Public Utilities Board recommends approval (7 -0).
FILE INFORMATION
This item is for the purchase of one (1) flushing/vacuum body and one (1) chassis to be used for
the Closed Circuit Television expansion of the Wastewater Collection Department operation.
This is used to assist the Wastewater Collection Department with maintaining compliance with
Texas Commission on Environmental Quality (TCEQ) regulations. This is a fleet addition that
was approved in the Fiscal Year 2012 -13 budget.
Comparison pricing was obtained from three (3) cooperative contract vendors for the
flushing/vacuum body (Exhibit 1). Staff is recommending the GapVax, Inc, Model MC1007
flushing/vacuum body in the amount of $197,475 (H -GAC Contract 4 SCO1 -12). The Peterbilt
Model 348 Chassis will be purchased through H -GAC Contract Number HT11 -12 in the amount
of $98,572 (Exhibit 2). Peterbilt is considered a single source due to the standardization of fleet
to this brand of chassis (Exhibit 3).This equipment is not available from local vendors.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
On October 28, 2013, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Award the purchase of a GapVax Model MC 1007 flushing /vacuum body to GapVax, Inc. in the
amount of $197,475.00 and a Peterbilt Model 348 chassis to Rush Trick Center in the amount of
$ 98,572.
Agenda Information Sheet
November 5, 2013
Page 2
PRINCIPAL PLACE OF BUSINESS
GapVax, Inc. Rush Trick Center
Johnstown, PA Houston, TX
ESTIMATED SCHEDULE OF PROJECT
The purchase and delivery of the chassis with flushing /vacuum body will occur within 180 days
of purchase order issuance.
FISCAL INFORMATION
This item will be funded from existing resources including Certificate of Obligation Bonds and
Motor Pool Recovery Funds. The following account numbers will be used:
6409965431. 1315530100 $26,863
640996544. 1315530100 $35,670
645996645.1355.30100 $233,514
$296,047
EXHIBITS
Exhibit 1: Comparisons and Quotes for Flushing /Vacuum Body
Exhibit 2: Quote for Chassis
Exhibit 3: Single Source Justification Memo
Exhibit 4: Public Utilities Board Draft Minutes
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
1 -AIS -File 5393
QUOTE COMPARISON FOR FLUSHING/VACUUM BODY ExhExhibit 1
DENTON Oct 23, 2013
I'' Print Form
ORDER
ORDER
ORDER
1000 gallon water tank, 7 yard debris
1000 gallon water tank, 9 yard debris
1000 gallon water tank, 10 yard
body, single engine, 50 gpm water
body, single engine, 50 gpm water
debris body, single engine, 80 gpm
pump, transmission driven PITO
pump, rear engine pto
water pump
BASE PRICE
$185,705.00
$202,378.00
$289,745.00
PUBLISHED OPTIONS
$13,645.00
$0.00
$0.00
UNPUBLISHED OPTIC
$14,005.00
MOO
$0.00
DELIVERY FEE
$4,050.00
$2,500.00
$3,500.00
SUBTOTAL
$197,475.00
$204,878.00
$239,321.50
Notes:
$197,475.00
$204,878.00
$239,321.50
Variance
GapVaxInc
VAC-CON
HI-VAC
S75 Central Ave
969 Hall Park Rd
117 Industry Rd
Johnstown =15902
GreenCove Springs FL---132043
Marietta 45750
(814) 535-6766
(904) 493-4969
1(740) 374-2306
I'' Print Form
f
X1 IP
MEN I m 1
BUYBOARD PURCHASE ORDER MADE TO:
VAC -CO N, I N C.
969 Hall Park Road
GreenCove Springs, FL
TEXAS VAC -CON AUTHORIZED DEALERSHIP Date 10/21/2013
CLS Sewer Equipment Co.lnc. Number 8338
726 So. Sherman St. Type of Quote Single
Richardson, TX 75081 PO
Buyboard Contract No. 270 -07 (VAC -CON ,INC.)
City of Denton, Texas
Retail Purchaser Charles Rosendahl Ship To
Denton, Texas
Comments
Price excludes any applicable F.E.T., sales taxes, tag, title or registration fees.
Option content is subject to engineering approval.
Model Number - V PD4290HN /1000 (827 at 18 ") L H A -O
Main Information
Model PD4290HN /1000 (827 Roots Blower at 18 "hg@ 4200CFM)
Blower Hydrostatic Drive 160cc Hydrostatic Pump
Boom 10' Aluminum Telescoping Boom with Pendant Control (26Ft Reach 270degree Reach)
Hose Reel Front Mounted, Articulating to Driver Side 1000ft 3/" Hose CAPACITY(Std Pivot)
Jet Rodder Hose 800'x 3/4" 3000 working pressure psi /7500 psi — Sewer Hose
Water System 50 gpm /3000 psi Pump - Single Engine - FMC, Hydrostatic Drive
Water Pump FMC 50GPM @3000PS1)
Auxiliary Engine NONE (CHASSIS OPERATES IN NEUTRAL)
SINGLE ENGINE /SINGLE REAR AXLE TO BE MOUNTED ON 43,000GVWR PETERBILT 365
Standard Equipment Includes:
Vacuum System (as specified by Model Number)
Vacuum Drive: Hydrostatic - Required
3/16" Corten Steel Debris Tank - (size as specified by model number)
Full opening rear door
Hydraulic rear door locks, with door grabber with safety latch
5" Butterfly valve with 10' layflat hose
Debris tank Dumping: minimum 50 deg., hydraulic scissors lift - power up /power down
Polyethylene water tank
Automatic Vacuum Breaker and overfill protection
8" vacuum intake hose
Boom travel tie down
4 Way hydraulic boom with 270 deg. Rotation and joystick controls
Front mounted 600' capacity (1" hose) /hydraulic hose reel
60 gpm /2000 psi water pump system
Water pump drive: Hydrostatic
400' high pressure jet rodder hose (1" or 3/4 ")
Manual hose rewind guide
Hose guide (Tiger Tail)
30" leader hose
20 gpm at 600 psi wash down hand gun with 25' of hose and nozzle
Sealed and locking tool box(es) (as indicated by model number}
1) each sanitary and penetrator nozzles
20.5' aluminum intake pipe(1 -3', 1 -5', 1 -6', and 1 -6.5' nozzle)
ICC lighting
DuPont Elite Polyurethane Paint
12 month standard warranty - see certificate for details
Note: Includes Hydrostatic Drive Option
5# Fire Extinguisher
Set of Triangles
Main Information
Model PD4290HN /1000 (827 at 18 ")
Blower Hydrostatic Drive
Boom 10' Aluminum Telescoping Boom with Pendant Control Station
Hose Reel Front Mounted, Articulating to Driver Side (Std Pivot)
Jet Rodder Hose 800' x 3/4" 3000 psi /7500 psi - 400' extra
Water System 50 gpm /3000 psi Pump - Single Engine - FMC, Hydrostatic Drive
Water Pump FMC
Auxiliary Engine 0
Other Items
Qty Description
1 Debris Body "Power Flush" System, 8 jets
1 6" Knife Valve with lever action, in Lieu of 5" Butterfly Valve
1 Rear splash guard (4 - 8 O'clock) - tank mounted
1 Winter Recirculating for Hose Reel & Low Pressure Hand Gun
1 Air Purge System
1 1/4 turn ball valve water drain ( cannot choose both 2 -1/2" gate valve and 1/4 turn ball valve, only choose
one)
I Variable Flow Valve (Valve Only ) - nozzles required
1 Lazy Susan Pipe Rack (Holds 5 Pipes, will not fit when unit has a 6 cyl aux engine)
1 Storage Box Behind Cab 16" x 42" x 96"
1 Long Handle Storage / PVC
1 LED strobe, rear mounted
1 LED 4 Strobes - (2) front bumper / (2) rear bumper
1 LED Arrow stick
1 Boom Mounted Flood Lights
1 ICC - LED Lighting Package
1 Back Up Alarm
Hydroexcavation package includes: 50' retractable handgun hose reel wtih 50' of 1/2" high pressure hose,
1 HP /Quick disconnect, heavy duty HP unloader valve, main control ball valve, 48" x 1/2" stainless steel lance
with adjustable grip and horizontal spray
1 Cone Storage Rack
1 Rear Mounted Tow Hooks
1 Dual Roller Level Wind Guide, plastic (in lieu of single)
1 Omnibus -2 Electronic Controller System -Color Monitor
1 Omnibus Footage Counter
1 LED Rear Mounted Flood Lights
1 LED Flood Light - Water Pump Work Area
Truck Chassis Information
Pool Truck Chassis Model Select a Model Pool Trucks are subject to availability.
Qty Description
TRUCK REQUIREMENTS
Make
Model
Engine Make and Model
Engine HP and RPM
Transmission Make and Model
CA /CT Measurement
Est Date of Arrival at Vac -Con
Dealership Providing Chassis /Phone /Contact
Offered by: I P Snnnier-
President CEO
CLS EQUIPMENT CO.INC.
Accepted by:
Customer Supplied Chassis
Peterbilt
365
Paccar
400
Allison Auto
1/1/2013
Rush Truck Center Hal Holloway
Machine Total $202,378.00
Delivery $2,500.00
Vac -Con Buyboard Proposal Total$204,878.00
117 Industry Road
O Marietta, OH 45750 USA
Phone: 740 - 374 -2306
ED 0 800- 752 -2400
1 Fax- 740- 374 -5447
Attn: Charlie Rosendahl
QUOTATION - AQUATECH
QUOTE NO: i
DATE:10 /21 /13
SOLD TO
Equipment Southwest, Inc.
425 S. Loop 12
Irvina. Texas 75060
Auth: Texas Buvboard Dealer Contract#421 -13
Dale Patterson 214 - 356 -9062
PER: PHONE:
QUOTE # SUBMITTED EST. SHIP DATE SERIAL NO. MODEL RSM TERRITORY
102113 F -10 Texas
SHIPPED SHIPPED SHIPMENT SHIPPING CHARGE PAYMENT TERMS
FROM VIA
90 - 120 Days After Chassis Arrival d). Hi -Vac Factory Standard City Terms
ITEM
QUANTITY
PART #
DESCRIPTION:
-LIST EACH
TOTAL
......_ ......
1
F10 _
. .................
IAquatech model F10 (see brochure for standard equipment)
.�
..
$ 188,622.00
1
215523
80 GPM 0 2500 PSI water system
$ 4,859.00
1
.................._
340405
..
Roots Model 824 (3600cfm) over standard model 624 roots
$ 12,303.00
1
270760
......... ......._�
24 "Wx20.5 "DX10'H Aluminum tool box (side mounted)
$ 718.00
1
000364 -2
__._._. ....�.
Side mounted tube racks, both sides holds a total of 6 -tubes
.- ..............
$ 1,477.00
1
243924 -1
Access steps - tank top
$ 539.00
1
221370
- .- ..__ .............
Fill Line Strainer
$ 295.00
1
130635
(F101 Internal tank flusher, high flow
$ 2,190.00
1
000368
Pum_o -off system_ (180 GPM) w/20' lay flat hose
$ 4,719.00
1
110452 -1
6 way boom control
of iov stick
-
_..
$ 2,215.00
1
382413
Splash shield. 112 rear door (3 o'clock to 9 o'clock)
$ 1,283.00
1
NPN
800' of 3,000 PSI hose installed on unit
$ 3,829.00
1
OBJIaC IntelACount diaital hose footage counter
$ 3,328.00
1
215555 -13 -FR Unloader valve - Front reel units
$ 5,725.00
1
__ ...............
NPN 12V Cold Weather Recirulation package
..................
$ 1,629.00
1
[2::3:9:9:0:2 = Air purge system, runs off air brakes to purge
$ 353.00
1
130561 1/2" hose reel -100' cap. (washdown system -No- Hose - Supplied
$ 1,152.00
1
1130572 112" Retractable hose ree 100' cao.(Hvdro- excavation)
$ 2,409.00
1
Power Reel
239946 -PATS Lateral Cleaning Kit with Hydraulic o
-
$ 6,964.00
1
NPN Hvdro- Excavation Kit w /50' x 1/2" hose. Order reel separately
$ 4,621.00
1
338837 -1 Dual Floor Flusher -
$ 2,359.00
1
....... ........
176110 20' leader hose 1"
$ 244.00
1
131629 1/2" x 50' hose assembiv with fiftinas ( washdown)
$ 395.00
1
....
NPN 1/2" x 100' hose assembly with fiftings (hvdro -kit)
$ 787.00
1
120063 Low water warning light
$ 542.00
1
120096 Low water warning horn
$ 681.00
1
120705 12Volt electrical outlet (front reel mounted)
$ 233.00
1
120058 PTO Hour meter
$ 543.00
1
121704 Tank -up warning light
$ 819.00
—1120111
20' Retractable cord with Halogen spotlight
$ 396.00
1
120378 Dual Retractable Halogen work lights on boom
$ 711.00
3
�..... _ .............. �:..
120401 Flood Lights.)- Front,) -Side Work,1 -Rear Stations
....
$ 453.00
..
$ 1,359.00
...... .�. ....... _ .......
. �.......
1
LED000
_......��__.�
All DOT Liahts to be LED
$ 899.00
1
120395 -5
LED liaht board, installed on unit - rear
$ 1,867.00
1
383168
Strobe liahts in front grill
$ 1,031.00
1
381525
Strobe lights in rear bumper
$ 1,097.00
1
383098
.........
Strobe light bar on chassis cab
.�. -..... ........................
$ 1,408.00
1
120101
Control panel lights
$ 344.00
1
383966
8" x 8' aluminum extension tube
$ 427.00
1
.........................
383964
8" x 6' aluminum extension tube
$ 403.00
1
383963
...................
8" x 5' aluminum extension tube
$ 393.00
1
238083
Manhole vacuum tube support, for 8" tube's
$ 445.00
_..
.........._.�
1
384071
................
8" x 3' fluidizer nozzle tube
$ 448.00
2
191080
.._ _ .............................................................................. ......... ...._...........
8" couple 0 -rings lextra seals)
$ 22.00
....... ...._................... ............-
$ 44.00
1
176150
25' Hvdrant Fill Hose Assv.
$ 205.00
2
220260
Traffic cone holders ( spate...._ .. ............................... ...
ace permitting)
$ 500.00
.�-
$ 1,000.00
1
220271
Left rear tow hook
$ 217.00
1
220281
. ......w._. ....... ...........
Riaht rear tow hook
....... ......_.
$ 217.00
w_.... ......... ..._
1
220330
._�. ........_ .....
Hvdrant wrench
..... ...
$ 85.00
2
1
1
1
7
2
1
220327
5 Lb. ABC fire extinguisher
S 256.00
$ 512.00
NPN
Provision TV210 Back -up Camera Svstem
$ 2,191.00
380903
Petcock valve on Y- strainer cap.
$ 146.00
NPN
Telescopic Hose Reel (F -10 model only)
$ 13,800.00
...........__
120002
. ___ ...........
Back -up alarm. 12 volt electric
_. .........�....
_. �. ._
$ 255.00
NPN
Trianale Kits
$ 156.00
$ 312.00
—NPN
Remote lubrication manifold
$ 3,700.00
TOTAL
LIST I S 289.745.00
Chassis
TOT
NOTE: THIS IS THE COMPLETE QUOTATION
PAGE 2 f� t
Reference: QUOTE #
HI -VAC CORPORATION IS NOT RESPONSIBLE FOR ANY MISSING,
UNWANTED OR DEALER SUPPLIED ITEMS.
SIGNATURE & DATE:
Name:
Title:
Comments /Clarification:
Exhibit 2
HUCBuy CONTRACT PRICING WORKSHEET
For MOTOR VEHICLES Only
Contract Date
No.: HTll -12 prepared: 10.23 %2013
w� mwwwww , %j % % / % tlj j/
Buying DENTON, CITY OF
Agency:
Contractor: :RUSH TRUCK CENTER, HOUSTON
Contact ;CHARLIE ROSENDAHL
Person:
Prepared :CHARLIE PLOUSE
By:
Phone: ;(940)349 -8422
Phone: :713- 495 -6304
Fax: ;(940)349 -8596
Fax: :713- 695 -9620
Email: € charlrs .rosendahl(&cityofdenton.com
I Email: ousec(d)rush ter rises.com
Product
Code: 1114
Description: EPETERBILT 348 CHASSIS [FOR GAP -N AI
A: wood. •UnitPrii^e Pei••Coniract(ir's H -GAC Coniraet:' 85,386.00
........................................... ...............................
$: I'ulllis. . . Qp. . . = .Iterx►i . 'helot' .. -• Ailta . . aclditi . . . she�t(s. . ue�es . . . urle.O.ption. dot. . . tleseriptiou iI . . . . a. . .. • . • . • .
........................................... ...............................
Note: P�b[iskred Optipxls ,irg options ���hiph.��:er�•sul�i�itted, ajrd, pti�ed itt -Qojrgagnyl` , bid j . .
........................................... ...............................
Description Cost
Description Cost
Subtotal From Additional Sheet(s): F 36,244.32
Subtotal B: E S 36,244.32
........................................... ...............................
C:.U�ipt�blis . . O�fio.. r Itetni e.. . .. /.. . . ..�tdditibx[al sheet(.) .. neces' s�iri .:.:.:.:.:.:.:.:.:.:.:.:.:.:. :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: .
(Note:.UnpubTished. options aie' items. ��- .hich. ��zere n6t'subtnifte8. and.price8. in C:6ntractor'•s.b id.)' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . '
........................................... ...............................
Description Cost
Description Cost
UPGRADE TO NATIONAL NTB16 € S 1,100.00
Subtotal From Additional Sheet(,):
ir Subtotal C: E S 1,100.00
Check: Total cost of Unpublished Options (C) cannot exceed 250o of the total of the Base Unit E
For this transaction the percentage is: 0.9000
Price plus Published Options (A +B).
b: Total ('ost• f3efoie Anv .Applicable.T' ti64 I Otliei _ALlfo�iainces /'Discounts:(.' +13 +C'). •. • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • '
Quanfih Ordered: l Subtotal of A + B + C: S 122,730.32 = Subtotal D: E S 122,730.32
T4: H -GAC Orden• Proeessirig'Charge'(Aniohrit• Pei •Current Policy) • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • ' • =.-'.-.1 • • ' ' Subtotal E: E S 600.00
R'Tr4f&,I•nsl Other: allow 'arices %.SpeciatDiscourits�Efeig .lit /lhsitalliti6ri ...................... ...............'.
........................................... ...............................
Description Cost
Description Cost
RUSH TRUCK CENTER DISCOUNT E S (24,758.32)
Subtotal F: E S (24,758.32)
......................;
.......................
Delivery -Date. to' GAVNAX.:.: 95 Days ARO
.............................
.............................
. ' . ' . ' . ' . ' G:'To�kal'Puc�ehasi' Price' (I) �E +F)i '
S 98,572.00
RUSH TRUCK CENTER, HOUSTON PAGE 1 of 25
Exhibit 3
MEMORANDUM
DATE: October 24, 2013
TO: Elton Brock
FROM: Terry Kader
Fleet Services Superintendent
CC: Antonio Puente
SUBJECT: Peterbilt Truck Chassis
Fleet Services is recommending the purchase of the Vacuum/Flushing truck package
mounted on a Peterbilt chassis based on fleet standardization.
Fleet standardization minimizes costs and improves efficiencies relating to technician
training, diagnostic software, required specialty tools and stocking of replacement parts.
Also, we are currently already set up as a warranty provider for the Peterbilt trucks
through the Rush Truck Center network. As an approved warranty provider, we perform
repairs that are covered under warranty, reducing downtime and costs associated with
transportation of these trucks to the Rush shop.
I believe the purchase of the Peterbilt Truck Chassis for the Vacuum Flushing truck is the
best value and I am requesting authorization to make this purchase based on fleet
standardization.
Regards,
Terl °y Kader
Fleet Services Superintendent
Exhibit 4
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 October 28, 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, October 28 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
8 Center, 901A Texas Street, Denton, Texas.
9
10 Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy
11 Robinson, Leonard Herring, Phil Gallivan Barbara Russell and Lilia
12 Bynum
13
14 Ex Officio Members: George Campbell City Manager and Howard Martin, ACM Utilities
15
16 OPEN MEETING:
17
18 CONSENT AGENDA:
19
20 4) Consider the recommendation of an ordinance of the City of Denton authorizing the City
21 Manager or his designee to execute a contract through the Houston- Galveston Area Council
22 of Governments (H -GAC) Cooperative Purchasing Program for the acquisition one (1)
23 flushing /vacuum body and one (1) chassis for City of Denton Wastewater Collections
24 Department; and providing and effective date (File 5393- Purchase of one (1)
25 flushing /vacuum body from GapVax, Inc for $197,475.00 and one (1) chassis from Rush
26 Truck Center for $98,572.)
27
28 Board Member Herring pulled this item for questions. Herring asked if this truck was
29 talked about before. Martin answered yes; it is the one that PS Arora talked about regarding
30 cleaning the wastewater system. Herring stated it is not in the budget for this year, Martin
31 agreed. Herring went on to say that the City would save $7.5 million. Martin further agreed.
32 Herring asked what the plan for the rest of the money is. Martin answered this will come
33 forward in terms of savings over a period of the capital program. As staff goes through and
34 cleans the lines it will translate into overall less replacement of the system over time. Smith
35 stated it will decrease future expenditures. Herring asked if it will reduce current or future
36 rates. Martin stated it will be used against future increases. The City may not have to increase
37 the rates as much. Herring said that we will take money that is not there to purchase the
38 equipment. Martin answered we do have the money it will be out of reserves as an example.
39
40 Motion was made to approve item 4 by Board Member Cheek with the second by Board
41 Member Robinson. The vote was 7 -0 approved.
42
43 Adjournment 9:59 a.m.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A CONTRACT WITH THE HOUSTON - GALVESTON
AREA COUNCIL OF GOVERNMENTS (H -GAC) FOR THE ACQUISITION OF ONE (1)
FLUSHING/VACUUM TRUCK FOR THE CITY OF DENTON WASTEWATER
COLLECTIONS DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE (FILE 5393 -
PURCHASE OF VACUUM/FLUSHING TRUCK AWARDED TO RUSH TRUCK CENTER,
HOUSTON IN THE AMOUNT OF $98,572 FOR THE CAB /CHASSIS AND GAPVAX, INC.
IN THE AMOUNT OF $197,475 FOR THE TRUCK BODY FOR A TOTAL AWARD OF
$296,047).
WHEREAS, pursuant to Ordinance 95 -107, the Houston- Galveston Area Council of
Government (H -GAC) has solicited, received, and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies, or services in accordance with the procedures of state
law on behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Houston- Galveston Area Council of Government (H -GAC) programs at less cost
than the City would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered file for materials,
equipment, supplies, or services, are hereby approved.
FILE
NUMBER VENDOR AMOUNT
5393 Rush Trick Center, Houston $98,572
5393 GapVax, Inc. $197,475
SECTION 2. By the acceptance and approval of the above numbered items set forth in
the referenced file, the City accepts the offer of the persons submitting the bids to the H -GAC for
such items and agrees to purchase the materials, equipment, supplies, or services in accordance
with the terms, conditions, specifications, standards, quantities and for the specified sums
contained in the bid documents and related documents filed with the H -GAC, and the purchase
orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of
the City's ratification of bids awarded by H -GAC, the City Manager or his designated
representative is hereby authorized to execute the written contract; provided that the written
contract is in accordance with the terms, conditions, specifications and standards contained in the
Proposal submitted to H -GAC, 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 5393 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated items, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
6 -ORD -File 5393
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
November 5, 2013
Materials Management
Bryan Langley � -A
Questions concerning this
acquisition may be directed
to Elton Brock at 349 -7133
Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal
Cooperative Purchasing Program Agreement with the City of DeSoto, 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 5368 - Interlocal Agreement with the City of DeSoto).
FILE INFORMATION
Section 271.102 of the Texas Local Government Code, authorizes respective participating
governments to enter into agreements for the purchase of goods and services. The attached
Agreement is an authorization for the City of DeSoto to participate in contracts awarded by the
City of Denton. The contract will remain in effect until terminated by either party.
This Agreement will allow the City of DeSoto to utilize contracts for goods and services
competitively solicited by the City of Denton. The procurement process followed by the City of
Denton meets all statutory procurement requirements. Upon approval of the Agreement, the City
of DeSoto intends to utilize the City of Denton's contract for Police Motorcycles available
through Victory Motorcycles.
RECOMMENDATION
Approve an Interlocal Cooperative Purchasing Program Agreement with the City of DeSoto.
PRINCIPAL PLACE OF BUSINESS
City of DeSoto
DeSoto, TX
ESTIMATED SCHEDULE OF PROJECT
This Agreement is effective upon approval by the City of Denton and will remain in effect until
terminated by either party.
Agenda Information Sheet
November 5, 2013
Page 2
FISCAL INFORMATION
The approval of the interlocal agreement has no fiscal impact. If the City of Desoto utilizes the
City of Denton's contract for Police Motorcycles, the agreement allows the City of Denton to
recoup procurement costs associated with the contract acquisition and contract management
equal to 2% from participating government entities.
EXHIBIT
Exhibit 1: Ordinance and Interlocal Agreement
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
1 AIS -File 5W
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE
CITY OF DESOTO, 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 5368- INTERLOCAL
AGREEMENT WITH THE CITY OF DESOTO).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute the
Interlocal Cooperative Purchasing Program Agreement with the City of DeSoto under Section
271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by
reference herein (the "Agreement').
SECTION 2. The City Manager or his designee is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5368 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC •
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
2- ORD- Interlocal Agreement with DeSoto
STATE OF TEXAS N
QINTERLOC/kL COOPERATION AGREEMENT
COUNTY OpDALLAS §
This Inter-local Cooperation Agreement (Agreemcnt)ixhy and between the City o[
D*S^m, Texas C^Dm8m^`l, and the City nfU,ntmn. [nxov (`'Dmo(oo'')` uodug by and through
their authorized officer,,-
WHEREAS, this Agreement is authorized by Chapter 79!o[the Texas Government
Code and Subchapter F. Chapter l7l, Texas Local Government Code: and
WHEREAS, Section 271.102 of the [cx |.oc. 0uv`r Cooe xuUbvriow a /oxu|
government toparticipate in Cooperative Purchasing Program with another local gvvnuzmou\
o,u local cooperative organization; and
WHEREAS, u local government that purchases goods and vovixcu pursuant to u
Cooperative Purchasing Program, with another local government, satisfies the requirement of the
local government to seek competitive bids for the purchase of the goods and materials; and
WHEREAS, the parties desire to enter into a cooperative purchasing program which wi I I
u/|"`v each party to purchase goods and services under each vthc,`x competitively bid contracts
pursuant to Subchapter F, Chapter 27| o[thc'[ex. Loc. Go*`rCooa;
NOW THEREFORE, io consideration of the mutual covenants and promises contained
heooio, the parties agree uufollows:
ARTICLE
PURPOSE
The purpose o[UdnA&r�une�bwumohishxcvmp�uirc purchasing program hxwecn
the parties, which will allow cacb party to purchase goods and wc,vicno under each whcr`x
competitively bid contracts pursuant to Subchapter [ Chapter 271 of the TEN. Loc. Oov'r
rooc
ARTICLE If
TERM
The term of this Agreement shall be I'm ^ period ^(noe(/) year commencing ou the last
date ofuxocutioohereof October 16. 2013. Thereafter. this Agreement obv1xo,nmohudlyxmew
Kv successive periods o[one (|) year cacti Linder the terms and conditions stated herein, unless
sooner terminated uw provided herein.
ARTKCL[D0
TERMINATION
Either party may terminate this Agreement hy providing thirty (3O) days prior written
notice to the other party.
ARTICLE IV
The City Manager o, other designee k« each party io authorized m act ou behalf o[the
respective party in all matters relating m this nnnpcouive pv,ohmsiog program- Each puny shall
make payments m the other party ur directly mthe vendor under the contract made pursuant to
3nbuhopur F. Chapter 27|v[ the TEX. Luc.Guv`rCODE, E'ucb party shall be responsible for the
respective ,ondo,`o compliance with provisions 'n|mbng to the gvx\it? "fitcmo and terms of
ARTICLE
MISCELLANEOUS
5.1 TNa&greoovmtixmuinteudodmumo�om- shovNithc
construed om creating, x partnership, association, joimventure or trust,
52 Notice: Any notice required or permitted to be J6ivo,u] bcm,vuder vhd| be deemed
m:coircd *beu sent in the United Siuuo h4uU. Pvmugc Prepaid, Certified Mail, Return Receipt
Requested, or by hand-delivery or facsimile transmission addressed to the respective party at the
uddnssaet1orthbdo*/be signature of the party,
5.3 Amendment: 'This Agreement may ho amended hI the mutual written agreement ofboth
parties hereto.
5.4 Severabilli!j.: /u the event any one ", more o[/hx provisions contained in this Agreement
uboJ| for any reason bc held m be iovu|id, i||c&uL or unenforceable in any respect, such invalidity,
illegality, urnnvo/b^zn6Udy ,hu|| not uAic' the other provisions, and the &grrcm,m obuO he
construed as it'such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
5.5 : This A�ncmcm represents �bc entire u�omcn� uong the parties
with respect to the subject matter covered by this Agreement. There is no other collateral. oral or
written ou7c*mcw bcuvuun the nmnicy that in any m^uuu, nc|u'ey to the subject matter of this
Agreement.
5.6 Recitals: The recitals m this Agreement are incorporated herein
lnicf Local Agreement 161 Coopciative Purchasing
5. 7 Counterparts: This Agreement may be executed in any number of counterparts. each of
whom shall be deemed an original and constitute one and the same instrument.
EXECUTED this &rday of -06b!qX0.
CITY OF DESOTO, TEXAS
BY:
- .'arl C rm Ma or
E. Pleas i R oad, Suite A
DeSoto , Texa, 15
ATTEST:
By-
i
isha R. Morris, , City City
Sccetwy
APPROVE AS TO FORM
Jose J. Gorfida, Jr., City Artorn y
EXECUTED this 10 day of L*hr— ?(11 3.
CITY OF DESOTO, TEXAS
Sea]
Inwr Locul Agreement foj Cooporative Purchasing
72,971
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
November 5, 2013
Materials Management
Bryan Langley � -A
Questions concerning this
acquisition may be directed
to Toby May at 349 -8515
Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal
Cooperative Purchasing Program Agreement with the North Central Texas Council of
Governments ( NCTCOG) under Section 791.001 of the State of Texas 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 5387 - Interlocal
Agreement with the North Central Texas Council of Governments for Electronic Warrant
Payment Services).
FILE INFORMATION
In May 2012, Court Administrators from several North Texas metroplex cities approached
NCTCOG to gauge the interest for a Shared Services program to electronically accept warrant
payments between entities through a selected vendor. It was determined that there was
significant interest in such a program. A selection committee consisting of subject matter
experts in court administration and NCTCOG staff drafted a Request for Proposals (RFP). Three
proposals were received and after careful consideration and scoring, the selection committee
recommended Government Payment Services, Inc. (GPN) to be the service provider for the
Electronic Warrant Payment Services Program. A Pilot Program was started with the cities of
Arlington, Plano, Euless, Grand Prairie, and Carrollton. For the next year, the program was
developed, tested, and perfected. The program went live in June 2013. As of the beginning of
September 2013, $100,000.00 has been transferred electronically between city jails in the pilot
group. At this time, approximately seven (7) additional North Texas cities have expressed
interest in joining the program.
This Agreement will allow the City of Denton to become a participant in this cooperative
program with other listed North Texas cities to obtain the services from GPN for the payment of
cash bonds and fine payments from individuals who are arrested. As an example, an individual
arrested in Carrollton on a City of Denton warrant would be able to pay or post a bond on his
warrant in Carrollton by credit card and be released. The money would be directly deposited to
the City of Denton's bank account.
Agenda Information Sheet
November 5, 2013
Page 2
FILE INFORMATION
Benefits of the Program include
• The program is provided at no cost to the jurisdiction.
• Minimized jail time, cost, and risk associated with prisoner transfers and /or
detention.
• Minimized administrative costs utilizing GovPayNet to accept and administer the
process.
• Reduction of city overhead concerning check requisitions, envelopes, time and
mailing, among other expenses.
• Payments are made directly from the vendor to the jurisdiction.
• GPN provides 24/7 customer service.
• The more cities that join the program, the more efficient and beneficial it
becomes.
GPN will also provide for the automated transfer of funds for these payments. Participating
cities can collect and transfer bond and fine monies via Automated Clearing House (ACH)
deposits. This will eliminate the need for manual check payments between cities which currently
delays case processing and deposits up to a month. All impacted City staff from the the Warrant
Office, City Jail, Technology Services, and Finance, have had the opportunity to see a
demonstration of the process and are in support of participating in the program.
Section 791.001 of the Government Code requires that all interlocal contracts must be authorized
by the governing body, regardless of the dollar amount. The only exception to this is municipally
owned electric utilities -these entities have a $100,000 threshold before authorization by the
governing body is required.
RECOMMENDATION
Approve an Interlocal agreement with North Texas Council of Governments to become a
participant in the program.
PRINCIPAL PLACE OF BUSINESS
North Central Texas Council of Governments Government Payment Services, Inc.
616 Six Flags Drive 7102 Lakeview Pkwy West Drive
Arlington, TX. 76011 Indianapolis, IN 46268
Agenda Information Sheet
November 5, 2013
Page 3
ESTIMATED SCHEDULE OF PROJECT
This agreement will be effective when signed and will remain in full force and effect for one (1)
year. The agreement will automatically renew for successive one (1) year terms unless sooner
terminated in accordance with Article 6 of the Interlocal Agreement. The Master Contract
between Government Payment Services, Inc and NCTCOG is a five (5) year contract that was
executed on January 14th, 2013. It has an automatic renewal clause for additional one (1) year
periods.
FISCAL INFORMATION
There is no cost to the City of Denton under this agreement; however GPN charges a service fee
of between 3.5% and 5.0% based on payment type to the payer of the bond or fine. GovPayNet
will pay administrative fees as shown below to NCTCOG.
For the first 2,000 Transaction:
$0.15 Per Transaction
For Transactions 2,001 through 5,000
$0.20 Per Transaction
For Transactions 5,001 and above:
$0.25 Per Transaction
All charge backs, disputes, and fraudulent transactions are handled and resolved by GPN and any
losses are the responsibility of GPN.
EXHIBIT
Exhibit 1: Ordinance and Interlocal Agreement
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
1 -AIS -File 5387
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) UNDER SECTION
791.001 OF THE STATE OF TEXAS 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 5187- INTERLOCAL AGREEMENT WITH THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR ELECTRONIC WARRANT
PAYMENT SERVICES).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute the
Interlocal Cooperative Purchasing Program Agreement for Electronic Warrant Payments with the
North Central Texas Council of Governments (NCTCOG) under Section 791.001 of the Texas
Government Code, a copy of which is attached hereto and incorporated by reference herein (the
"Agreement').
SECTION 2. The City Manager or his designee is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5387 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
2 -ORD -File 5387
INTERLOCAL AGREEMENT
FOR
ELECTRONIC WARRANT PAYMENT SERVICES
THIS INTERLOCAL AGREEMENT ( "ILA "), made and entered into pursuant to the Texas
Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act "), is by and
between the North Central Texas Council of Governments, hereinafter referred to as
" NCTCOG," having its principal place of business at 616 Six Flags Drive, Arlington, TX 76011,
and the City of Denton, Texas, a local government created and operated to provide one or more
governmental functions and services, hereinafter referred to as "Participant," having its principal
place of business at 215 E. McKinney St., Denton, TX 76201.
WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State
of Texas operating under Chapter 391, Texas Local Government Code; and
WHEREAS, in reliance on such authority, NCTCOG has instituted a cooperative purchasing
program, hereinafter referred to as "Shared Services" under which it contracts with eligible
entities under the Act; and
WHEREAS, NCTCOG has performed a procurement process for electronic warrant payment
services for municipalities; in which each participating local government will contract directly
for electronic warrant payment services with Government Payment Service, Inc. (GPS); and
WHEREAS, NCTCOG's Executive Board approved a resolution authorizing the interlocal
agreements for procurement of GPS electronic warrant payment services at its December 20,
2012 meeting; and
WHEREAS, Participant has represented that it is an eligible entity under the Act, that its
governing body has authorized this Agreement on (Date), and
that it desires to contract with NCTCOG on the terms set forth below;
NOW, THEREFORE, NCTCOG and the Participant do hereby agree as follows
ARTICLE 1: OBLIGATIONS OF THE PARTIES
The Participant agrees to execute an engagement letter with GPS with respect to its election to
receive various electronic warrant payment services under NCTCOG's Shared Services Program.
A copy of the standard engagement letter is attached hereto as Attachment 1. Participant
acknowledges that it shall look solely to GPS for the delivery of the services described in the
engagement letter as well as the provisions for payment of fees assessed by GPS.
NCTCOG has developed the electronic warrant payment services program as part of its Shared
Services to its member organizations. NCTCOG's sole responsibility is to coordinate with GPS
and its member organizations the procurement of the services and to promote the services to its
members. NCTCOG has no responsibility for (i) the delivery of the services to its members, (ii)
the day to day operation of the electronic warrant payment service system or (iii) the resolution
of dispute /warranty claims between GPS and the Participants.
ARTICLE 2: LEGAL AUTHORITY
The Participant represents and warrants to NCTCOG that it is eligible to contract with NCTCOG
under the Act for the purposes recited herein because it is one of the following: a local
government, as defined in the Act as a county, a municipality, a special district, or other political
subdivision of the State of Texas or any other state, or a combination of two or more of those
entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the
Texas Government Code, or a similar agency of another state), or a non - profit corporation
created and operated to provide one or more governmental functions and services, and it
possesses adequate legal authority to enter into this Agreement.
ARTICLE 3: PERFORMANCE PERIOD
This Agreement shall be effective when signed by the last party whose signing makes the
Agreement fully executed and will remain in full force and effect for one (1) year. This
Agreement shall automatically renew for successive one -year terms unless sooner terminated in
accordance with Article 6 below. Any modification of this Agreement must comply with the
requirements of Article 4 below.
ARTICLE 4: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by both parties, except
that any alternations, additions, or deletions to the terms of this Agreement which are required by
changes in Federal and State law or regulations are automatically incorporated into this
Agreement without written amendment hereto and shall become effective on the date designated
by such law or regulation. NCTCOG reserves the right from time to time to make changes in the
scope of products and services offered through the Shared Services cooperative purchasing
program.
ARTICLE 5: TERMINATION PROCEDURES
NCTCOG or the Participant may cancel this Agreement for any reason and at any time upon
thirty (30) days written notice by certified mail to the other party to this Agreement. The
obligation of the Participant to pay for any Service and /or Products purchased under this
Agreement, shall survive such cancellation, as well as any other Participant costs incurred prior
to the effective date of the cancellation.
ARTICLE 6: APPLICABLE LAWS
NCTCOG and the Participant agree to conduct all activities under this Contract in accordance
with all applicable riles, regulations, and ordinances and laws in effect or promulgated during
the term of this Agreement.
ARTICLE 7: SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
ARTICLE 8: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the
performance within the term specified of any obligation or duty placed on such party by reason
of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order
of any court, act of God, or specific cause reasonably beyond the party's control and not
attributable to its neglect or nonfeasance, in such event, the time for the performance of such
obligation or duty shall be suspended until such disability to perform is removed; provided,
however, force maj eure shall not excuse an obligation solely to pay funds.
ARTICLE 9: WHOLE AGREEMENT
This Agreement and any attachments /addendums, as provided herein, constitute the complete
agreement between the parties hereto, and supersede any and all oral and written agreements
between the parties relating to matters herein.
ARTICLE 10: DISPUTE RESOLUTION
The parties to this Agreement agree to the extent possible and not in contravention of any
applicable state or federal law or procedure established for dispute resolution, to attempt to
resolve any dispute between them regarding this Agreement informally through voluntary
mediation, arbitration or any other local dispute mediation process before resorting to litigation.
ARTICLE 11: MISCELLANEOUS
a. This Agreement has been made under and shall be governed by the laws of the
State of Texas. Venue and jurisdiction of any suit or cause of action arising under,
or in connection with, this Agreement shall lie exclusively in Tarrant County,
Texas.
b. The persons executing this Agreement hereby represent that they have
authorization to sign on behalf of their respective entities.
C. This Agreement and the rights and obligations contained herein may not be
assigned by either party without the prior written approval of the other party to
this Agreement.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE
PARTIES HERETO AS FOLLOWS:
North Central Texas
Council of Governments
Shared Services Program
616 Six Flags Drive
Arlington, Texas 76011
NCTCOG Executive Director or Designee
Signature of Executive Director or Designee
Date:
Name of Entity
Mailing Address
City, State, ZIP Code
Name & Title of Authorized Official or Designee
By:
Signature of Authorized Official or Designee
Date:
AGENDA INFORMATION SHEET
AGENDA DATE: November 5, 2013
DEPARTMENT: Planning and Development/Community Development
ACM: John Cabrales, Jr. Y
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to
execute an agreement between the City and Fred Moore Day Nursery School to provide
Community Development Block Grant funds for improvements to the facility at 821 Cross
Timber Street, Denton, Texas; authorizing the expenditure of funds therefore, not to exceed
$268,400; and providing for an effective date.
BACKGROUND
Fred Moore Day Nursery School ( FMDNS) is a nonprofit childcare facility providing low -cost
daycare for low to moderate- income families. FMDNS will serve a minimum of 62 children
ranging in age from six (6) weeks through five (5) years of age. Parents must be working, going to
school full time or doing a combination of both to be eligible. FMDNS is open from 6:30 am to
6:00 pm, Monday through Friday. Fred Moore is licensed by the Texas Department of Protective
and Regulatory Services.
City of Denton Community Development Block Grant (CDBG) funds will be used to complete
the following facility improvements /additions:
• Indoor Gym /Play Area
• Storage Area
• Offices
• Restroom
The facility and surrounding property is currently owned by FMDNS. If, for any reason,
FMDNS were to stop providing daycare services to low and moderate - income families, the
property would revert back to the Denton Independent School District (ISD). A letter dated May
2, 2013, from the Mia Price, President of the Denton ISD Board of Trustees, states that if this
were to occur, Denton ISD would work with City staff to continue providing services from the
facility that would benefit low and moderate- income families.
ESTIMATED PROJECT SCHEDULE
• Work specifications have been developed;
• Bidding process completed in October 2013;
• Work to begin in November /December 2013;
• All improvements completed by February 2014.
Agenda Information Sheet
November 5, 2013
Page 2
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Community Development Advisory Committee recommended approval of funding for
improvements to the Fred Moore Day Nursery School facility. Funding for the project was
included in the City's 2013 Action Plan for Housing and Community Development. City Council
passed Resolution No. R1013 -013 to approve the Action Plan on May 7, 2013.
FISCAL INFORMATION
Community Development Block Grant funds are budgeted for the project. Community
Development staff costs to monitor constriction and labor standards compliance is paid through
CDBG and general fund dollars.
EXHIBITS
1. Denton ISD Correspondence
2. Ordinance
Respectfully submitted:
Brian Locldey
Interim Director of Planning & Development
Prepared by:
Barbara Ross
Community Development Administrator
Exhibit I
Oro .1 Denton ISD Correspondence
A 4T4&"
eW1110 93� N. Iou�z St, 1?c:.xo�., Tin )620 (940) 369 -0002 • few (140) 3614182
May 2, 2013
13fia Pike
(Presrderrt
Dear Mayor and Members of the Denton City Council:
GfemiaYfarns, M.0, The Board of Trustees is a strong advocate of providing pre - school services to our youngest
Nrce- (President children. We are aware of the important assistance that the Fred Moore Day Nursery School
(FMDNS) bestows upon our community and to the children who will one day be
tidy QZgdriduez entering our public schools.
Secretory
The Denton Independent School District (Denton ISD) Board of Trustees supports the City of
Denton's (City) proposed use of $286,759 In Federal Community Development Block Grant
9imA�expiler (CDBG) funding to allow FMDNS to add an additional classroom and complete the
nierrrGcr playground, fencing, sidewalks, off - street parking, and other facility improvements. This Is
in addition to the $120,400 in Community Development Black Grant funding that the City
allocated in 2011 to replace the roof, flooring, doors and to complete electrical and
JieutLe
�afeni�rrnrs plumbing upgrades.
JV
r
As we have been Informed by the City staff, the CDBG funds to be used for the
Jea►retta Srrritl FMDNS renovation have specific federal requirements that must be met. If the City is not
llzerrrGer in compliance with these requirements, the Department of Housing and Urban
Development has the authority to request repayment of the funding expended for facility
improvements. It is noted that, according to Federal regulations, the facility must
CFrartesStafford continue to be used for activities benefitting low and moderate - income families and /or
nleinber individuals for a five -year period following the completion of the projects,
Based on the Information received from the City's Community Development Division,
Denton ISD supports the services provided by Fred Moore Day Nursery School. If, for
any reason, the organization Is unable to continue providing day care services to lower
income families in our community, Denton ISD will work with the City to determine an
appropriate alternative Service, provided this service does not require allocation of
financial or human resources at the expense of Denton ISD. This service would utilize
the recently renovated facility and would be designed to meet the CDBG requirements
for the remainder of the five -year period by benefitting low and moderate - income
households within the City.
Sincerely,
Mla\Price, President
Denton ISD Board of Trustees
Exhibit 2
Ordinance
sAlegal \our documents\ordinancesUMcdbg Fred moore day nusery.domdoc
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND FRED
MOORE DAY NURSERY SCHOOL TO PROVIDE COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR IMPROVEMENTS "TO THE FACILITY AT 821 CROSS
TIMBER STREET, DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS
NOT TO EXCEED $268,400; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has received funds from the U.S. Department of Housing and
Urban Development under the Housing and Community Development Act of 1974, as amended;
and
WHEREAS, the City Council has approved the 2013 Action Plan for Housing and
Community Development which includes an authorized budget for expenditure of funds for
improvements to the Fred Moore Day Nursery School facility; and
WHEREAS, the Fred Moore Day Nursery School has developed a program to assist low
and moderate- income families with affordable child care services; and
WHEREAS, the City Council deems it in the public interest to enter into an agreement
for improvements to the child care facility to provide much needed services for Denton families;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to execute the attached Agreement
between the City of Denton and the Fred Moore Day Nursery School to provide for
improvements to the day care facility noted therein.
SECTION 2. The City Council hereby authorizes the City Manager to expend funds in
the manner and amount specified in the Agreement, not to exceed $268,400 and to take any other
actions necessary to complete the City's obligations under the Agreement.
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
s; \legal \our documents \ordinances \13 \cdbg fred moore day nusery,docx.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
ROW
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY`
2013 -2014
AGREEMENT BETWEEN THE CITY OF DENTON
AND THE FRED MOORE DAY NURSERY SCHOOL
This Agreement is made and entered into by and between the City of Denton, a Texas munici-
pal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to
as CITY, and the Fred Moore Day Nursery School, 821 Cross Timber Street, Denton, Texas, 76205, a
Texas non - profit corporation, hereinafter referred to as SUBRECIPIENT.
WHEREAS, CITY has received certain funds from the U.S. Department of Housing and Urban
Development under Title I of the Housing and Community Development Act of 1974, as amended,
CDBG Program, CFDA Number 14 -218; and
WHEREAS, CITY has adopted a budget for such funds and included therein an authorized
budget for expenditure of funds for improvements to their existing day care facility for the
SUBRECIPIENT; and
WHEREAS, CITY has designated the Community Development Division as the division re-
sponsible for the administration of this Agreement and all matters pertaining thereto; and
WHEREAS, CITY wishes to engage SUBRECIPIENT to carry out such project;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the
mutual obligations and to the performance and accomplishment of the conditions hereinafter described.
1.
TERM
This Agreement shall commence on or as of September 1, 2013,. and shall terminate on August
31, 2019, unless sooner terminated in accordance with Section 26 "Termination ".
2.
RESPONSIBILITIES
SUBRECIPIENT hereby accepts the responsibility for the performance of all services and ac-
tivities described in the Scope of Services attached hereto as Attachment A, and incorporated herein by
reference, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms
herein. CITY will consider SUBRECIPIENT's executive officer to be SUBRECIPIENT's representa-
tive responsible for the management of all contractual matters pertaining hereto, unless written notifi-
cation to the contrary is received from SUBRECIPIENT, and approved by CITY.
The CITY's Community Development Administrator will be CITY's representative responsible
for the administration of this Agreement.
SUBRECIPIENT certifies that the activities carried out with Community Development Block
Grant funds shall meet the program's National Objective of benefit to low and moderate - income per-
sons. SUBRECIPIENT shall provide services to persons whose income is equal to or lower than 80%
of the median income of the Dallas standard metropolitan statistical area. To accomplish this, the
Page 1 of 26
SUBRECIPIENT shall use the current applicable income limits published by the Department of Hous-
ing and Urban Development for the CDBG program. Income eligibility shall be determined by the
sum of the gross income of all individuals residing in the household. Services must be provided direct-
ly to or on behalf of specific identified eligible clients. Eligibility documentation must be included in
each client's file and updated annually or services must be provided to a clientele that is within a "pre-
sumed benefit" category.
3.
CITY'S OBLIGATION
A. Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred pursuant and
in accordance with the project budget attached hereto as Attachment B and the Scope of Ser-
vices herein attached as Attachment A and incorporated herein by reference. Notwithstanding
any other provision of the Agreement, the total of all payments and other obligations made or
incurred by CITY hereunder shall not exceed the sum of $268,400.
B. Measure of Liability. In consideration of full and satisfactory services and activities hereun-
der by SUBRECIPIENT and receipt of a requisition for payment with appropriate documenta-
tion of expenditures, CITY shall make payments to SUBRECIPIENT based on the Budget at-
tached hereto and incorporated herein for all purposes as Attachment B, subject to the limita-
tions and provisions set forth in this Section and Section 7 of this Agreement. Payments may be
contingent upon certification of the SUBRECIPIENT's financial management system in ac-
cordance with the standards specified in OMB Circular A -110.
(1) The parties expressly understand and agree that CITY's obligations under this Section
are contingent upon the actual receipt of adequate Community Development Block
Grant (CDBG) funds to meet CITY's liabilities under this Agreement. If adequate funds
are not available to make payments under this Agreement, CITY shall notify
SUBRECIPIENT in writing within a reasonable time after such fact has been deter-
mined. CITY may, at its option, either reduce the amount of its liability, as specified in
Subsection A of this Section or terminate the Agreement. If CDBG funds eligible for
use for purposes of this Agreement are reduced, CITY shall not be liable for further
payments due to SUBRECIPIENT under this Agreement.
(2) It is expressly understood that this Agreement in no way obligates the General Fund or
any other monies or credits of the City of Denton.
(3) CITY shall not be liable for any cost or portion thereof which:
(a) has been paid, reimbursed or is subject to payment or reimbursement, from any
other source;
(b) was incurred prior to the beginning date, or after the ending date specified in
Section 1;
(c) is not in strict accordance with the terms of this Agreement, including all at-
tachments attached hereto;
(d) has not been billed to CITY within 90 calendar days following billing to
SUBRECIPIENT, or termination of the Agreement, whichever date is earlier; or
Page 2 of 26
(e) is not an allowable cost as defined by Section 10 of this Agreement or the pro-
ject budget.
(4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to
any activity of SUBRECIPIENT requiring prior written authorization from CITY, or af-
ter CITY has requested that SUBRECIPIENT furnish data concerning such action prior
to proceeding further, unless and until CITY advises SUBRECIPIENT to proceed.
(5) CITY shall not be obligated or liable under this Agreement to any party other than
SUBRECIPIENT for payment of any monies or provision of any goods or services.
(6) Funding not expended within two years of initial contract approval will revert to
the City of Denton CDBG budget for use on alternative projects.
4.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A. SUBRECIPIENT understands that funds provided to it pursuant to this Agreement are funds
which have been made available to CITY by the Federal Government (U.S. Department of
Housing and Urban Development) under the Housing and Community Development Act of
1974, as amended, in accordance with an approved Grant Application and specific assurances.
Accordingly, SUBRECIPIENT assures and certifies that it will comply with the requirements
of the Housing and Community Development Act of 1974 (P.L. 93 -383) as amended and with
regulations promulgated thereunder, and codified at 24 CFR 570. The foregoing is in no way
meant to constitute a complete compilation of all duties imposed upon SUBRECIPIENT by law
or administrative ruling, or to narrow the standards which SUBRECIPIENT must follow.
SUBRECIPIENT further accrues and certifies that if the regulations and issuances promulgated
pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as pro-
vided in Section 23 of this Agreement.
SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements of the
Office of Management and Budget Circulars Nos. A -122, A -87, A -133 and the regulations at
24 CFR Part 84 as applicable.
B. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas and
ordinances of the City of Denton.
C. SUBRECIPIENT is required to comply with the applicable uniform administrative require-
ments as described in 24 CFR 570.502, 570.505 and 24 CFR 570 subpart K with the exceptions
noted below:
(1) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at
CFR 570.604; and
(2) SUBRECIPIENT does not assume the CITY's responsibility for initiating the review
process under the provisions of 24 CFR Part 52.
Page 3 of 26
D. SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accord-
ance with the Davis -Bacon Act as amended, the provisions of the Contract Work Hours Safety
Standards Act, the Copeland "Anti- Kickback Act (40 U.S.C. 276a- 276a -5; 40 USC 327 and 40
USC 276c) and all other applicable Federal, state and local laws and regulations pertaining to
labor standards and insofar as those acts apply to the performance of this contract.
SUBRECIPIENT will work with CITY to obtain and maintain documentation of compliance.
Upon written request by the CITY, SUBRECIPIENT will obtain the services of consultant to
monitor the contractor's compliance with these requirements.
E. SUBRECIPIENT agrees to comply with the provisions of Section 3, the regulations set forth in
24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this
agreement, and shall also be binding on any of the SUBRECIPIENT' S subcontractors. The
SUBRECIPIENT certifies that no contractual or other disability exists which would prevent
compliance with these requirements. SUBRECIPIENT further agrees to include a statement in
all subcontracts requiring compliance with Section 3 and requiring subcontractors, to the great-
est extent feasible, to provide opportunities for training and employment to low and moderate -
income individuals that are residents of the project area. Upon written request of the CITY,
SUBRECIPIENT will obtain the services of a consultant to monitor the general contractor's
compliance with the Section 3 requirements.
F„ SUBRECIPIENT certifies that it is not currently listed on the General Services Administration's
List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance
with Executive Orders 12549 and 12689 and will not enter into agreements to expend Federal
funds with contractors that are currently listed.
5.
REPRESENTATIONS
A. SUBRECIPIENT assures and guarantees that it possesses the legal authority, pursuant to any
proper, appropriate and official motion, resolution or action passed or taken, to enter into this
Agreement.
B. The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT do
hereby warrant and guarantee that he, she, or they have been fully authorized by
SUBRECIPIENT to execute this Agreement on behalf of SUBRECIPIENT and to validly and
legally bind SUBRECIPIENT to all terms, performances and provisions herein set forth.
C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate
this Agreement if there is a dispute as to the legal authority of either SUBRECIPIENT or the
person signing the Agreement to enter into this Agreement. SUBRECIPIENT is liable to CITY
for any money it has received from CITY for performance of the provisions of this Agreement
if CITY has suspended or terminated this Agreement for the reasons enumerated in this Sec-
tion.
D, SUBRECIPIENT agrees that the funds and resources provided to SUBRECIPIENT under the
terms of this Agreement will in no way be substituted for funds and resources from other
sources, nor in any way serve to reduce the resources, services, or other benefits which would
Page 4 of 26
have been available to, or provided through, SUBRECIPIENT had this Agreement not been ex-
ecuted.
6.
PERFORMANCE BY SUBRECIPIENT
SUBRECIPIENT will provide, oversee, administer, and carry out all of the activities and ser-
vices set out in the Work Statement, attached hereto and incorporated herein for all purposes as At-
tachment A, utilizing the funds described in Attachment B, attached hereto and incorporated herein for
all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfacto-
ry performance of the program, as determined solely by CITY and in accordance with all other terms,
provisions and requirements of this Agreement.
No modifications or alterations may be made in the Scope of Services without the prior written
approval of the City's Community Development Administrator.
7.
PAYMENTS TO SUBRECIPIENT
A. The CITY shall pay to the SUBRECIPIENT a maximum amount of money totaling $286,759
for activities carried out under this Agreement. CITY will pay these funds on a reimbursement
basis to the SUBRECIPIENT within twenty days after CITY has received supporting documen-
tation of eligible expenditures. SUBRECIPIENT's failure to request reimbursement on a timely
basis may jeopardize present or future funding.
Funds are to be used for the sole purpose of completing facility improvements based on the
budget herein attached as Attachment B. These improvements will support the
SUBRECIPIENT'S efforts to carry out the activities described in the Scope of Services herein
attached as Attachment A.
B. Excess Payment. SUBRECIPIENT shall refund to CITY within ten working days of CITY's
request, any sum of money which has been paid by CITY and which CITY at any time thereaf-
ter determines:
(1) has resulted in overpayment to SUBRECIPIENT; or
(2) has not been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
C. Disallowed Costs. Upon termination of this Agreement, should any expense or change for
which payment has been made be subsequently disallowed or disapproved as a result of any
auditing or monitoring by CITY, the Department of Housing and Urban Development, or any
other Federal agency, SUBRECIPIENT will refund such amount to CITY' within ten working
days of a written notice to SUBRECIPIENT, which specifies the amount disallowed. Refunds
of disallowed costs may not be made from these or any funds received from or through CITY
Page 5 of 26
D. Reversion of Assets. SUBRECIPIENT, upon expiration of this Agreement shall transfer to the
CITY any CDBG funds on hand at the time of expiration and any accounts receivable attribut-
able to the use of CDBG funds. If CITY finds that SUBRECIPIENT is unwilling and /or unable
to comply with any of the terms of this Contract, CITY may require a refund of any and all
money expended pursuant to this Contract by SUBRECIPIENT, as well as any remaining un-
expended funds which shall be refunded to CITY within ten working days of a written notice to
SUBRECIPIENT to revert these financial assets. The revision of these financial assets shall be
in addition to any other remedy available to CITY either at law or in equity for breach of this
Contract.
E. Obligation of Funds. In the event that actual expenditure rates deviate from SUBRECIPIENT's
provision of a corresponding level of performance, as specified in Attachment A, CITY hereby
reserves the right to reappropriate or recapture any such underexpended funds.
F. Contract Close Out. If requested, SUBRECIPIENT shall submit the Agreement close out pack-
age to CITY, together with a final expenditure report, for the time period covered by the last
invoice requesting reimbursement of funds under this Agreement, within 15 working days fol-
lowing the close of the Agreement period. SUBRECIPIENT shall utilize the form agreed upon
by CITY and SUBRECIPIENT.
8.
WARRANTIES
SUBRECIPIENT represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by CITY and furnished to
CITY, are complete and accurate as of the date shown on the information, data, or report, and,
since that date, have not undergone any significant change without written notice to CITY.
B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are
complete, accurate and fairly reflect the financial condition of SUBRECIPIENT on the date
shown on said report, and the results of the operation for the period covered by the report, and
that since said date, there has been no material change, adverse or otherwise, in the financial
condition of SUBRECIPIENT.
C. No litigation or legal proceedings are presently pending or threatened against
SUBRECIPIENT.
D, None of the provisions herein contravene or are in conflict with the authority under which
SUBRECIPIENT is doing business or with the provisions of any existing indenture or agree-
ment of SUBRECIPIENT.
E. SUBRECIPIENT has the power to enter into this Agreement and accept payments hereunder,
and has taken all necessary action to authorize such acceptance under the terms and conditions
of this Agreement.
Page 6 of 26
F, None of the assets of SUBRECIPIENT are subject to any lien or encumbrance of any character,
except for current taxes not delinquent, except as shown in the financial statements and /or other
documents furnished by SUBRECIPIENT to CITY.
G. Each of these representations and warranties shall be continuing and shall be deemed to have
been repeated by the submission of each request for payment.
9.
COVENANTS
A. During the period of time that payment may be made hereunder and so long as any payments
remain unliquidated, SUBRECIPIENT shall not, without the prior written consent of the Com-
munity Development Administrator or her authorized representative:
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets
of SUBRECIPIENT now owned or hereafter acquired by it, or permit any pre- existing
mortgages, liens, or other encumbrances to remain on, or attached to, any assets of
SUBRECIPIENT which are allocated to the performance of this Agreement and with
respect to which CITY has ownership hereunder.
(2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or
claims for money due or to become due.
(3) Sell, convey, or lease all or substantial part of its assets.
(4) Make any advance or loan to, or incur any liability for any other firm, person, entity or
corporation as guarantor, surety, or accommodation endorser.
(5) Sell, donate, loan or transfer any equipment or item of personal property purchased with
funds paid to SUBRECIPIENT by CITY, unless CITY authorizes such transfer.
(6) Enter into any subcontracts with any agency or individual in the performance of this
contract without the written consent of the Grantee prior to the execution of such an
agreement.
B, SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend
training sessions sponsored by the Community Development Division.
Page 7 of 26
10.
ALLOWABLE COSTS
A. Costs shall be considered allowable only if incurred directly and specifically in the perfor-
mance of and in compliance with this Agreement and in conformance with the standards and
provisions of Attachments A and B.
B. Approval of SUBRECIPIENT's budget, Attachment B, does not constitute prior written ap-
proval, even though certain items may appear herein. CITY's prior written authorization is re-
quired in order for the following to be considered allowable costs:
(1) CITY shall not be obligated to any third parties, including any contractors of
SUBRECIPIENT, and CITY funds shall not be used to pay for any contract service ex-
tending beyond the expiration of this Agreement.
Written requests for prior approval are SUBRECIPIENT's responsibility and shall be made
within sufficient time to permit a thorough review by CITY. SUBRECIPIENT must obtain
written approval by CITY prior to the commencement of procedures to solicit or purchase ser-
vices, equipment, or real or personal property. Any procurement or purchase which may be ap-
proved under the terms of this Agreement must be conducted in its entirety in accordance with
the provisions of this Agreement.
11.
PROGRAM INCOME
A. For purposes of this Agreement, program income means earnings of SUBRECIPIENT realized
from activities resulting from this Agreement or from SUBRECIPIENT's management of fund-
ing provided or received hereunder. Such earnings include, but are not limited to, income from
interest, usage or rental or lease fees, income produced from contract - supported services of in-
dividuals or employees or from the use or sale of equipment or facilities of SUBRECIPIENT
provided as a result of this Agreement, and payments from clients or third parties for services
rendered by SUBRECIPIENT under this Agreement.
B. SUBRECIPIENT shall maintain records of the receipt and disposition of program income in
the same manner as required for other contract funds, and reported to CITY in the format pre-
scribed by CITY. CITY and SUBRECIPIENT agree that any fees collected for services per-
formed by SUBRECIPIENT shall be used for payment of costs associated with service provi-
sion. Revenue remaining after payment of all program expenses for service provision shall be
considered Program Income and shall be subject to all the requirements of this Agreement and
the regulations found at CFR, Section 570.504.
C. SUBRECIPIENT shall include this Section in its entirety in all of its contracts which involve
other income - producing services or activities.
D. It is SUBRECIPIENT's responsibility to obtain from CITY a prior determination as to whether
or not income arising directly or indirectly from this Agreement, or the performance thereof,
constitutes program income. SUBRECIPIENT is responsible to CITY for the repayment of any
Page 8 of 26
and all amounts determined by CITY to be program income, unless otherwise approved in writ-
ing by CITY.
12.
MAINTENANCE OF RECORDS
A. SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and
complete disclosure of the status of the funds received under this Agreement, in compliance
with the provisions of Attachment B, attached hereto, and with any other applicable Federal
and State regulations establishing standards for financial management including OMB Circu-
lars A -87, A -122, A -133 and the regulations at 24 CFR Part 84 as applicable; Title 24 CFR
Section 570.502 (b); Title 24 CFR Sections 570.504 and 570.506 as they pertain to costs in-
curred, audits, program income, administration and other activities and functions.
SUBRECIPIENT's record system shall contain sufficient documentation to provide in detail
full support and justification for each expenditure. Nothing in this Section shall be construed to
relieve SUBRECIPIENT of fiscal accountability and liability under any other provision of this
Agreement or any applicable law. SUBRECIPIENT shall include the substance of this provi-
sion in all subcontracts.
B. SUBRECIPIENT agrees to retain all books, records, documents, reports, and written account-
ing procedures pertaining to the operation of programs and expenditures of funds under this
Agreement for five years.
C. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsibil-
ity for retaining accurate and current records, which clearly reflect the level and benefit of ser-
vices provided under this Agreement.
D. At any reasonable time and as often as CITY may deem necessary, the SUBRECIPIENT shall
make available to CITY, HUD, or any of their authorized representatives, all of its records and
shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make ex-
cerpts and copies of such records, and to conduct audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions or employment and all other data requested by said
representatives.
13.
REPORTS AND INFORMATION
At such times and in such form as CITY may require, SUBRECIPIENT shall furnish such
statements, records, data and information as CITY may request and deem pertinent to matters covered
by this Agreement.
SUBRECIPIENT shall submit quarterly beneficiary and financial reports to CITY no less than
once each three months. The beneficiary report shall detail client information, including race, income,
female head of household and other statistics required by CITY. The financial report shall include in-
formation and data relative to all programmatic and financial reporting as of the beginning date speci-
fied in Section I of this Agreement. Beneficiary and financial reports shall be due to City within 15
working days after the completion of each quarter.
Page 9 of 26
Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit an audit con-
ducted by independent examiners in accordance with Generally Accepted Accounting Principles. If
the SUBRECIPIENT receives and /or expends more than $500,000 in federal funding, the audit must
be conducted in accordance with OMB Circular A -133 as applicable within thirty days after receipt of
such audit.
14.
MONITORING AND EVALUATION
A. CITY shall perform on -site monitoring of SUBRECIPIENT's performances under this Agree-
ment.
B. SUBRECIPIENT agrees that CITY may carry out monitoring and evaluation activities to en-
sure adherence by SUBRECIPIENT to the Scope of Services, and Program Goals and Objec-
tives, which are attached hereto as Attachment A, as well as other provisions of this Agree-
ment.
C. SUBRECIPIENT agrees to cooperate fully with CITY in the development, implementation and
maintenance of record - keeping systems and to provide data determined by CITY to be neces-
sary for CITY to effectively fulfill its monitoring and evaluation responsibilities.
D. SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay CITY in such
monitoring and to designate one of its staff members to coordinate the monitoring process as
requested by CITY staff.
E. After each official monitoring visit, CITY shall provide SUBRECIPIENT with a written report
of monitoring findings documenting findings and concerns that will require a written response
to the City. An acceptable response must be received by the City within 60 days from the
SUBRECIPIENT's receipt of the monitoring report or audit review letter. Future contract
payments can be withheld for SUBRECIPIENT's failure to submit a response within 60 days.
F. SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of
SUBRECIPIENT's funding or regulatory bodies to CITY within five working days of receipt
by SUBRECIPIENT.
G. SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract
compliance. Results of monitoring efforts shall be summarized in written reports and support-
ed with documented evidence of follow -up actions taken to correct areas of noncompliance.
15.
DIRECTORS' MEETINGS
During the terms of this Agreement, SUBRECIPIENT shall cause to be delivered to CITY cop-
ies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such
notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an
agenda and a brief description of the matters to be discussed. SUBRECIPIENT understands and agrees
that CITY representatives shall be afforded access to all of the Board of Directors' meetings.
Page 10 of 26
Minutes of all meetings of SUBRECIPIENT's governing body shall be available to CITY with-
in ten days after Board approval.
16.
INSURANCE
A. SUBRECIPIENT shall observe sound business practices with respect to providing such bond-
ing and insurance as would provide adequate coverage for services offered under this Agree-
ment.
B, The premises on and in which the activities described in Attachment A are conducted, and the
employees conducting these activities, shall be covered by premise liability insurance, com-
monly referred to as "Owner /Tenant" coverage with CITY named as an additional insured. Up-
on request of SUBRECIPIENT, CITY may, at its sole discretion, approve alternate insurance
coverage arrangements.
C. SUBRECIPIENT will comply with applicable workers' compensation statues and will obtain
employers' liability coverage where available and other appropriate liability coverage for pro-
gram participants, if applicable.
D. SUBRECIPIENT will maintain adequate and continuous liability insurance on all vehicles
owned, leased or operated by SUBRECIPIENT. All employees of SUBRECIPIENT who are
required to drive a vehicle in the normal scope and course of their employment must possess a
valid Texas driver's license and automobile liability insurance. Evidence of the employee's
current possession of a valid license and insurance must be maintained on a current basis in
SUBRECIPIENT's files.
E. Actual losses not covered by insurance as required by this Section are not allowable costs under
this Agreement, and remain the sole responsibility of SUBRECIPIENT.
F. The policy or policies of insurance shall contain a clause which requires that CITY and
SUBRECIPIENT be notified in writing of any cancellation of change in the policy at least 30
days prior to such change or cancellation.
17.
CIVIL RIGHTS / EQUAL OPPORTUNITY
A. SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirma-
tive action laws or regulations. The SUBRECIPIENT shall not discriminate against any em-
ployee or applicant for employment because of race, color, creed, religion, national origin, gen-
der, age or disability. The SUBRECIPIENT will take affirmative action to insure that all em-
ployment practices are free from such discrimination. Such employment practices include but
are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruit-
ment advertising, layoff, termination, rates of pay or other forms of compensation and selection
for training, including apprenticeship...
B. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section
Page 11 of 26
109 of Title 1 of the Housing and Community Development Act of 1974 as amended, Section
504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063 and Executive Order 11246 as amended by
Executive Orders 11375 and 12086.
C. SUBRECIPIENT will furnish all information and reports requested by the CITY, and will per-
mit access to its books, records, and accounts for purposes of investigation to ascertain compli-
ance with local, state and Federal rules and regulations.
D. In the event of SUBRECIPIENT's non - compliance with the non - discrimination requirements,
CITY may cancel or terminate the Agreement in whole or in part, and SUBRECIPIENT may
be barred from further contracts with CITY.
18.
PERSONNEL POLICIES
Personnel policies shall be established by SUBRECIPIENT and shall be available for
examination. Such personnel policies shall:
A. Be no more liberal than CITY's personnel policies, procedures, and practices, including poli-
cies with respect to employment, salary and wage rates, working hours and holidays, fringe
benefits, vacation and sick leave privileges, and travel; and
B. Be in writing and shall be approved by the governing body of SUBRECIPIENT and by CITY.
19.
CONFLICT OF INTEREST
A. SUBRECIPIENT covenants that neither it nor any member of its governing body presently has
any interest, direct or indirect, which would conflict in any manner or degree with the perfor-
mance of services required to be performed under this Agreement. SUBRECIPIENT further
covenants that in the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body.
B. SUBRECIPIENT further covenants that no member of its governing body or its staff, contrac-
tors or employees shall possess any interest in or use his position for a purpose that is or gives
the appearance of being motivated by desire for private gain for himself /herself, or others, par-
ticularly those with which he /she has family, business, or other ties.
C. No officer, member, or employee of CITY and no member of its governing body who exercises
any function or responsibilities in the review or approval of the undertaking or carrying out of
this Agreement shall participate in any decision relating to the Agreement which affects his or
her personal interest or the interest in any corporation, partnership, or association in which he
or she has a direct or indirect interest.
Page 12 of 26
20.
NEPOTISM
SUBRECIPIENT shall not employ in any paid capacity any person who is a member of the
immediate family of any person who is currently employed by SUBRECIPIENT, or is a
member of SUBRECIPIENT's governing board. The term "member of immediate family"
includes: wife, husband, son, daughter, mother, father, brother, sister, in -laws, aunt, uncle,
nephew, niece, step - parent, step - child, half - brother and half - sister.
21.
POLITICAL OR SECTARIAN ACTIVITY
A, Neither the funds advanced pursuant to this Agreement, nor any personnel who may be em-
ployed by the SUBRECIPIENT with funds advanced pursuant to this Agreement shall be in
any way or to any extent engaged in any conduct or political activity in contravention of Chap-
ter 15 of Title 5 of the United States Code.
B, The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in
the administration of the program for: political activities; sectarian or religious activities, lob-
bying, political patronage or nepotism activities.
C, The SUBRECIPIENT agrees that none of the funds or services provided directly or indirectly
under this Agreement shall be used for any partisan political activity or to further the election
of defeat of any candidate for public office, or for publicity, lobbying and /or propaganda pur-
poses designed to support or defeat pending legislation. Employees of the SUBRECIPIENT
connected with any activity that is funded in whole or in part by funds provided to
SUBRECIPIENT under this Agreement may not under the term of this Agreement:
1. use their official position or influence to affect the outcome of an election or nomination.
2. solicit contributions for political purposes; or
3. take an active part in political management or in political campaigns.
SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein as
Attachment "I"' and if necessary, the Disclosure of Lobbying Activities provided by the CITY.
22.
PUBLICITY
A. Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by
SUBRECIPIENT under this Agreement. In any news release, sign, brochure, or other advertis-
ing medium, disseminating information prepared or distributed by or for SUBRECIPIENT, the
advertising medium shall state that the U.S. Department of Housing and Urban Development's
Community Development Block Grant Program funding through the City of Denton has made
the project possible.
B. All published material and written reports submitted under this project must be originally de-
veloped material unless otherwise specifically provided in this Agreement. When material not
originally developed is included in a report, the report shall identify the source in the body of
Page 13 of 26
the report or by footnote. This provision is applicable when the material is in a verbatim or ex-
tensive paraphrase format.
All published material submitted under this project shall include the following reference on the
front cover or title page:
This document is prepared in accordance with the City of Denton's Community
Development Block Grant Program, with funding received from the United
States Department of Housing and Urban Development.
C. All reports, documents, studies, charts, schedules, or other appended documentation to any
proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence
and related material submitted by SUBRECIPIENT shall become the property of CITY upon
receipt.
23.
CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written
amendment executed by both parties, except when the terms of this Agreement expressly pro-
vide that another method shall be used.
B. SUBRECIPIENT may not make transfers between or among approved line items within budget
categories set forth in Attachment B without prior written approval of CITY. SUBRECIPIENT
shall request, in writing, the budget revision in a form prescribed by CITY, and such request for
revision shall not increase the total monetary obligation of CITY under this Agreement. In ad-
dition, budget revisions cannot significantly change the nature, intent, or scope of the program
funded under this Agreement.
C, SUBRECIPIENT will submit revised budget and program information, whenever the level of
funding for SUBRECIPIENT or the program(s) described herein is altered according to the to-
tal levels contained in any portion of Attachment B.
D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws
or regulations pursuant hereto may occur during the term of this Agreement. Any such modifi-
cations are to be automatically incorporated into this Agreement without written amendment
hereto, and shall become a part of the Agreement on the effective date specified by the law or
regulation.
E. CITY may, from time to time during the term of the Agreement, request changes in Attachment
A, which may include an increase or decreased in the amount of SUBRECIPIENT's compensa-
tion. Such changes shall be incorporated in a written amendment hereto, as provided in Subsec-
tion A of this Section.
F, Any alterations, deletion, or additions to the Contract Budget Detail incorporated in Attachment
B shall require the prior written approval of CITY.
Page 14 of 26
G. SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for work
performed under this Agreement at least 30 calendar days in advance of the change.
H. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board composi-
tion.
It is expressly understood that neither the performance of Attachment A for any program con-
tracted hereunder nor the transfer of funds between or among said programs will be permitted.
24.
SUSPENSION OF FUNDING
Upon determination by CITY of SUBRECIPIENT's failure to timely and properly perform
each of the requirements, time conditions and duties provided herein, CITY, without limiting
any rights it may otherwise have, may, at its discretion, and upon ten working days written no-
tice to SUBRECIPIENT, withhold further payments to SUBRECIPIENT. Such notice may be
given by mail to the Executive Officer and the Board of Directors of SUBRECIPIENT. The no-
tice shall set forth the default or failure alleged, and the action required for cure.
The period of such suspension shall be of such duration as is appropriate to accomplish correc-
tive action, but in no event shall it exceed 30 calendar days. At the end of the suspension peri-
od, if CITY determines the default or deficiency has been satisfied, SUBRECIPIENT may be
restored to full compliance status and paid all eligible funds withheld or impounded during the
suspension period. If however, CITY determines that SUBRECIPIENT has not come into com-
pliance, the provisions of Section 26 may be effectuated.
25.
TERMINATION
A. CITY may terminate this Agreement for cause under any of the following reasons or for other
reasons not specifically enumerated in this paragraph:
(1) SUBRECIPIENT's failure to attain compliance during any prescribed period of suspension
as provided in Section 24.
(2) SUBRECIPIENT's failure to materially comply with any of the terms of this Agreement.
(3) SUBRECIPIENT's violation of covenants, agreements or guarantees of this Agreement.
(4) Termination or reduction of funding by the United States Department of Housing and Ur-
ban Development.
(5) Finding by CITY that SUBRECIPIENT:
(a) is in such unsatisfactory financial condition as to endanger performance under
this Agreement;
Page 15 of 26
(b) has allocated inventory to this Agreement substantially exceeding reasonable re-
quirements;
(c) is delinquent in payment of taxes, or of costs of performance of this Agreement
in the ordinary course of business.
(6) Appointment of a trustee, receiver or liquidator for all or substantial part of
SUBRECIPIENT's property, or institution of bankruptcy, reorganization, rearrangement of
or liquidation proceedings by or against SUBRECIPIENT.
(7) SUBRECIPIENT's inability to conform to changes required by Federal, State and local
laws or regulations as provided in Section 4, and Section 2 of this Agreement.
(8) The commission of an act of bankruptcy.
(9) SUBRECIPIENT's violation of any law or regulation to which SUBRECIPIENT is bound
or shall be bound under the terms of the Agreement.
CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the ef-
fective date of termination. Simultaneous notice of pending termination maybe made to other
funding source specified in Attachment B.
B, CITY may terminate this Agreement for convenience at any time. If CITY terminates this
Agreement for convenience, SUBRECIPIENT will be paid an amount not to exceed the total of
accrued expenditures as of the effective date of termination. In no event will this compensation
exceed an amount which bears the same ratio to the total compensation as the services actually
performed bears to the total services of SUBRECIPIENT covered by the Agreement, less pay-
ments previously made.
C, SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to CITY,
if a termination of outside funding occurs upon which SUBRECIPIENT depends for perfor-
mance hereunder. SUBRECIPIENT may opt, within the limitations of this Agreement, to seek
an alternative funding source, with the approval of CITY, provided the termination by the out-
side funding source was not occasioned by a breach of contract as defined herein or as defined
in a contract between SUBRECIPIENT and the funding source in question.
SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT's
organization not occasioned by a breach of this Agreement.
D, Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw or otherwise ter-
minate any outstanding orders or subcontracts, which relate to the performance of this Agree-
ment. CITY shall not be liable to SUBRECIPIENT or SUBRECIPIENT's creditors for any ex-
penses, encumbrances or obligations whatsoever incurred after the termination date listed on
the notice to terminate referred to in this paragraph.
E. Notwithstanding any exercise by CITY of its right of suspension or termination,
SUBRECIPIENT shall not be relieved of liability to CITY for damages sustained by CITY by
virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may withhold any re-
Page 16 of 26
imbursement to SUBRECIPIENT until such time as the exact amount of damages due to CITY
from SUBRECIPIENT is agreed upon or otherwise determined.
26.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any person(s),
firm, corporation or other entity against SUBRECIPIENT, SUBRECIPIENT shall give written
notice thereof to CITY within two working days after being notified of such claim, demand,
suit or other action. Such notice shall state the date and hour of notification of any such claim,
demand, suit or other action; the names and addresses of the person(s), firm, corporation or
other entity making such claim, or that instituted or threatened to institute any type of action or
proceeding; the basis of such claim, action or proceeding; and the name of any person(s)
against whom such claim is being made or threatened. Such written notice shall be delivered ei-
ther personally or by mail.
7.
INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that CITY is contracting
with SUBRECIPIENT as an independent SUBRECIPIENT and that as such,
SUBRECIPIENT shall save and hold CITY, its officers, agents and employees harmless
from all liability of any nature or kind, including costs and expenses for, or on account of,
any claims, audit exceptions, demands, suits or damages of any character whatsoever re-
sulting in whole or in part from the performance or omission of any employee, agent or
representative of SUBRECIPIENT.
B. SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless
CITY its agents, employees, or SUBRECIPIENTs from any and all claims, suits, causes of
action, demands, damages, losses, attorney fees, expenses, and liability arising out of the
use of these contracted funds and program administration and implementation except to
the extent caused by the willful act or omission of CITY, its agents, employees, or
SUBRECIPIENTs.
28.
RELIGIOUS ACTIVITIES AND FAITH -BASED ORGANIZATIONS
A. The SUBRECIPIENT will provide all services under this Agreement in a manner that is exclu-
sively non - religious in nature and scope. There shall be no religious services, proselytizing, in-
struction or any other religious preference, influence or discrimination in connection with
providing the services hereunder.
B. As stated in 24 CFR Part 5.109, no organization will be prohibited from participating in activi-
ties funded through the CITY's Community Development Block Grant program including pro-
grams that make funds available through contracts, grants or cooperative agreements.
SUBRECIPIENT shall not discriminate against any organization on the basis of the organiza-
tion's religious character or affiliation.
Page 17 of 26
29.
MISCELLANEOUS
A. SUBRECIPIENT shall not transfer, pledge or otherwise assign this Agreement or any interest
therein, or any claim arising thereunder, to any party or parties, bank, trust company or other
financial institution without the prior written approval of CITY.
B, If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining
provisions shall remain in full force and effect and continue to conform to the original intent of
both parties hereto.
C, In no event shall any payment to SUBRECIPIENT hereunder, or any other act or failure of
CITY to insist in any one or more instances upon the terms and conditions of this Agreement
constitute or be construed in any way to be a waiver by CITY of any breach of covenant or de-
fault which may then or subsequently be committed by SUBRECIPIENT. Neither shall such
payment, act, or omission in any manner impair or prejudice any right, power, privilege, or
remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or
remedies are always specifically preserved. No representative or agent of CITY may waive the
effect of this provision.
D. This Agreement, together with referenced attachments, constitutes the entire agreement be-
tween the parties hereto, and any prior agreement, assertion, statement, understanding or other
commitment antecedent to this Agreement, whether written or oral, shall have no force or effect
whatsoever; nor shall an agreement, assertion, statement, understanding, or other commitment
occurring during the term of this Agreement, or subsequent thereto, have any legal force or ef-
fect whatsoever, unless properly executed in writing, and if appropriate, recorded as an
amendment of this Agreement.
E. In the event any disagreement or dispute should arise between the parties hereto pertaining to
the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws,
ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of
compliance, will have the final authority to render or to secure an interpretation.
E For purposes of this Agreement, all official communications and notices among the parties
shall be deemed made if sent postage paid to the parties and address set forth below:
TO CITY:
TO SUBRECIPIENT:
City Manager
Executive Director
City of Denton
Fred Moore Day Nursery School
215 E. McKinney
821 Cross Timber St.
Denton, Texas 76201
Denton Texas 76205
G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and ven-
ue of any litigation concerning this Agreement shall be in a court competent jurisdiction sitting
in Denton County, Texas.
Page 18 of 26
IN WITNESS OF WHICH this Agreement has been executed on this the day of
.2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IM
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
m.w
ATTEST:
BY:
w NDY
M ��� ��E
I�XICUI "IV ; � IRECTOR
Page 19 of 26
CITY OF DENTON
GEORGE C. CAMPBELL
CITY MANAGER
FRED MOORE DAY NURSERY SCHOOL
BY: ;; �'
MAIC�.AI�I B.._._.._..�..___ - _..
BAYS
PRESIDENT, BOARD OF DIRECTORS
ATTACHMENT "A"
SCOPE OF SERVICES
Description of Rehabilitation Improvements
Renovation project will consist of various improvements to the day care facility. As funding is sufficient,
improvements will include but not be limited to construction of an indoor play area, restroom, storage
area and purchase and installation of new playground equipment.
Work Statement
Fred Moore Day Nursery School
In order to complete the agreed upon activity SUBRECIPIENT shall provide the following
services from the improved facility:
Fred Moore Day Nursery School is a nonprofit childcare facility for low to moderate - income fami-
lies. FMDNS will serve a minimum of 62 children ranging in age from six (6) weeks through five
(5) years of age. Parents must be working, going to school full time or doing a combination of both
to be eligible. In addition, parents will be required to volunteer at the childcare center. FMDNS will be
open Monday through Friday from 6:30 am to 6:00 p.m.
FMDNS will provide the services listed below and meet all stated requirements:
• Provision of a safe, healthy environment that will meet the development needs of each child.
Activities will be designed for each age group to meet the individual and group needs. The
curriculum will include education, emphasizing learning skills, creative arts, motor skills,
physical development, speech development, personal hygiene and manners.
• Provision of breakfast, lunch and an afternoon snack for each child. All meals will meet the
USDA and Texas Department of Human Services Special Nutrition food requirements for
children in childcare.
• Remain open for service from 6:30 am to 6:00 pm.
• Be licensed by the TX Department of Protective and Regulatory Services.
• Meet or exceed the TX Department of Human Services minimum standards for Day Care
Centers.
• Must be a North Central Texas Childcare Services designated vendor.
Page 20
ATTACHMENT `B"
BUDGET
Prior to the start of construction, Fred Moore Day Nursery School, shall provide the Community
Development Division with a project budget, documentation of any additional funding sources and
commitments (if other funding sources are included in the project), and a project plan-
ning/construction schedule. *The "approximate cost" amounts listed above are estimates. Funding
may reallocated as needed to complete improvements listed above.
Page 21
ATTACHMENT "C"
24 CFR § 570.505
The standards described in this section apply to real property within the recipient's control which
was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These
standards shall apply from the date CDBG funds are first spent for the property until five years after
closeout of an entitlement recipient's participation in the entitlement CDBG program or, with
respect to other recipients, until five years after the closeout of the grant from which the assistance
to the property was provided.
(a) A recipient may not change the use or planned use of any such property (including
the beneficiaries of such use) from that for which the acquisition or improvement was made
unless the recipient provides affected citizens with reasonable notice of, and opportunity to
comment on, any proposed change, and either:
(1) The new use of such property qualifies as meeting one of the national
objectives in Section 570.208 and is not a building for the general conduct of
government; or
(2) The requirements in paragraph (b) of this section are met.
(b) If the recipient determines, after consultation with affected citizens, that it is
appropriate to change the use of the property to a use which does not qualify under
paragraph (a)(1) of this section, it may retain or dispose of the property for the changed use
if the recipient's CDBG program is reimbursed in the amount of the current fair market
value of the property, less any portion of the value attributable to expenditures of non-
CDBG funds for acquisition of, and improvements to, the property.
(c) If the change of use occurs after closeout, the provisions governing income from the
disposition of the real property in Section 570.504(b) (4) or (5), as applicable, shall apply to
the use of funds reimbursed.
(d) Following the reimbursement of the CDBG program in accordance with paragraph
(b) of this section, the property no longer will be subject to any CDBG requirements.
Page 22
ATTACHMENT "D"
24 CFR § 570.503
(a) Before disbursing any CDBG funds to a subrecipient, the recipient shall sign a written
agreement with the subrecipient. The agreement shall remain in effect during any period
that the subrecipient has control over CDBG funds, including program income.
(b) At a minimum, the written agreement with the subrecipient shall include provisions
concerning the following items:
(1) Statement of Work. The agreement shall include a description of the
work to be performed, a schedule for completing the work, and a budget. These
items shall be in sufficient detail to provide a sound basis for the recipient
effectively to monitor performance under the agreement.
(2) Records and Reports. The recipient shall specify in the agreement the
particular records the subrecipient must maintain and the particular reports the
subrecipient must submit in order to assist the recipient in meeting its
recordkeeping and reporting requirements.
(3) Program Income. The agreement shall include the program income
requirements set forth in Section 570.504(c).
(4) Uniform Administrative Requirements. The agreement shall require the
subrecipient to comply with applicable uniform administrative requirements, as
described in Section 570.502.
(5) Other Program Requirements. The agreement shall require the
subrecipient to carry out each activity in compliance with all Federal laws and
regulations described in subpart K of these regulations, except that:
(i) The subrecipient does not assume the recipient's environmental
responsibilities described at Section 570. 604; and
(ii) The subrecipient does not assume the recipient's responsibility
for initiating the review process under the provisions of 24 CFR Part 52.
(6) Conditions for Religious ganizations. Where applicable, the conditions
prescribed by HUB for the use of CDBG funds by religious organizations shall
be included in the agreement.
(7) Suspension and Termination. The agreement shall specify that, in
accordance with 24 CFR 85.43, suspension or termination may occur if the
subrecipient materially fails to comply with any term of the award, and that the
award may be terminated for convenience in accordance with 24 CFR 85.44.
Page 23
(8) Reversion of Assets. The agreement shall specify that upon its expiration
the subrecipient shall transfer to the recipient any CDBG funds on hand at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. It shall also include provisions to the use of CDBG funds. It shall also
include provisions designed to ensure that any real property under the
subrecipient's control that was acquired or improved in whole or in part with
CDBG funds in excess of $25,000 is either:
(i) Used to meet one of the national objectives in Section 570.208
until five years after expiration of the agreement, or for such longer
period of time as determined to be appropriate by the recipient; or
(ii) Disposed of in a manner that results in the recipient's being
reimbursed in the amount of the current fair market value of the property
less any portion of the value attributable to expenditures of non -CDBG
funds for acquisition of, or improvement to, the property.
(Reimbursement is not required after the period of time specified in
paragraph (b) (8) (1) of this section.)
Page 24
ATTACHMENT "E"
24 CFR § 570.504
(a) Recording Program Income. The receipt and expenditure of program income as defined in
Section 570.500(a) shall be recorded as part of the financial transactions of the grant
program.
(b) !)isp�� Ltjcj�i of 1? p z r Iw�icog eWReceiyq 0
(1) Program income received before grant closeout may be retained by the
recipient if the income is treated as additional CDBG funds subject to all
applicable requirements governing the use of CDBG funds.
(2) If the recipient chooses to retain program income, that income shall affect
withdrawals of grant funds from the U.S. Treasury as follows:
(i) Program income in the form of repayments to, or interest
earned on, a revolving fund as defined in Section 570.500(b) shall be
substantially disbursed from the fund before additional cash withdrawals
are made from the U.S. Treasury for the same activity. (This rule does
not prevent a lump sum disbursement to finance the rehabilitation of
privately owned properties as provided for in Section 570.513.)
(ii) Substantially all other program income shall be disbursed for
eligible activities before additional cash withdrawals are made from the
U.S. Treasury.
(3) Program income on hand at the time of closeout shall continue to be
subject to the eligibility requirements in Subpart C and all other applicable
provisions of this part until it is expended.
(4) Unless otherwise provided in any grant closeout agreement, and subject
to the requirements of paragraph (b) (5) of this section, income received after
closeout shall not be governed by the provisions of this part, except that, if at the
time of closeout the recipient has another ongoing CDBG grant received directly
from HUD, funds received after closeout shall be treated as program income of
the ongoing grant program.
(5) If the recipient does not have another ongoing grant received directly
from HUD at the time of closeout, income received after closeout from the
disposition of real property or from loans outstanding at the time of closeout shall
not be governed by the provisions of this part, except that such income shall be
used for activities that meet one of the national objectives in Section 570.208 and
the eligibility requirements described in Section 105 of the Act.
Page 25
ATTACHMENT "F"
Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the un-
dersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an em-
ployee of a Member of Congress in connection with the awarding of any Federal con-
tract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with a Federal contract, grant, loan or cooperative agreement,
the undersigned shall complete and submit Standard Form -ILL, "Disclosure Form to Re-
port Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this Certification be included in the
award documents for all subawards at all tiers (including subcontractors, subgrants and
contracts under grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of the certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, title 31, US Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Wendy McGee, Fred Moore Day Nursery School
Grantee
S
Date:
Executive Director
Title
Page 26
AGENDA INFORMATION SHEET
AGENDA DATE: November 5, 2013
DEPARTMENT: Parks and Recreation
ACM: John Cabrales, Jr.
SUBJECT
Consider approval of the Public Art Committee's recommendation to select Christie Wood as the
artist for the sculpture of Pops Carter as public art for the City of Denton; and declare an
effective date. The sculpture will cost $29,200 and will be consistent with the City of Denton
Public Art policy approved by Resolution R2013 -021, and be funded with Hotel Tax revenues
previously authorized and encumbered for such purpose. The Public Art Committee recommends
approval with a vote of 6 -0.
BACKGROUND
On August 20, 2013, City Council adopted Resolution No. 2013 -021 to the Public Art Policy that
establishes the Public Art Committee to serve as an advisory board to the City Council. This
Public Art Committee, established by separate ordinance, will make recommendations on:
• Commissioning, placing, and installing of public art
• Implementation of funding mechanism(s) for public art
• Effective and efficient management of public art
• Ongoing maintenance of public art,
• Accessioning, deaccessioning and resiting of public art
Christie Wood's piece is a mosaic, laminated, glass sculpture, depicting the flamboyance and
charisma personified by the late musician Pops Carter and by the many artists, bands, and
musical groups who call Denton home. The three - dimensional (313) transparent glass takes
colors and tones and pushes them into a more hyper reality while staying true to the man's
likeness. The sculpture shows Pops Carter seated, microphone in one hand and the towel he used
to wipe the sweat from his brow held in the other hand, ready to sing. Music staffs in various
colors float around Pops Carter and connect his music to whatever music happens to be coming
from the park at the moment.
The artwork will be constructed on top of a main plate of laminated 3/8" thick clear safety glass
and will be sandwiched between two sheets of 3/8" thick clear safety glass. This will protect the
artwork from any vandalism, effectively sealing the stained glass from all elements. Graffiti is
anticipated to be the most likely form of vandalism on the piece, and it can be easily removed
from glass using paint remover and causing no harm to the glass itself. The artwork will be
constricted to withstand impacts of flying debris; heat and cold are not anticipated to be an issue.
The sculpture will be sited near the outdoor amphitheater in Quakertown Park.
Agenda Information Sheet
November 5, 2013
Page 2
Christie Wood has two stained glass pieces of art already owned by the City of Denton. Her
works are included in the City's public art book Passion, Art, Community.
RECOMMENDATION
Staff recommends City Council approve the Public Art Committee's recommendation for local
artist Christie Wood to create the next public art sculpture for the City of Denton.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Public Art Committee made recommendation of artist selection on August 1, 2013.
FISCAL INFORMATION
The design, materials, constriction and installation of the Pops Carter sculpture will cost $29,200
and be funded from 2013 -14 HOT Funds.
EXHIBITS
1. Public Art Committee Meeting Minutes of August 1, 2013
2. Illustration of the sculpture
Respectfully submitted,
Emerson Vorel, Director
Parks and Recreation Department
Submitted by:
Janie McLeod
Community Events Coordinator
EXHIBIT 1
DRAFT
PUBLIC ART COMMITTEE
Minutes
August 1, 2013
Members present: Carol Phillips, Victoria DeCuir, Jim Clement, Kathey Hannah, Billie
Mohair and Mike Barrow
Members absent: Janet Mulroy and Nancy Walkup
Ex Officio present: Margaret Chalfant
Staff present: Emerson Vorel and Janie McLeod
The meeting was called to order by Chair Phillips at 4:07 p.m.
INTRODUCE NEW BOARD MEMBER AND TAKE OATH OF OFFICE. Tristan Bynum
was unable to attend the meeting.
CONSIDER APPROVAL OF THE PUBLIC ART COMMITTEE MINUTES FOR:
May 2, 2013. Barrow made a motion to approve the May 2 minutes and it Nvas seconded by Mohair. The
minutes Nvere approved Nvith a vote of 6 -0.
ACTION ITEMS:
Select Artist for 2013 -14 Public Art Project. DeCuir reported that the selection subcommittee
met on July 29 to review the proposals of a bust of Pops Carter to be located in Quakertown
Park. The subcommittee recommends Christie Wood for the 2013 -14 public art project. DeCuir
said that Ms. Wood's proposal fulfilled the specifications for the project. She added that Wood
is one of the artists featured in the book of illustrated poetry; is a local artist; addressed the
weather, safety and damage concerns; and her work best represented the personification of Pops
Carter and captures the movement of music.
Mohair and Hannah both requested that the coloring in the hand of the art be changed to a
different coloring. McLeod said she would consult with Ms. Wood to see if that can be changed.
Clement asked about insurance for the artwork. McLeod explained that all of the City's art
works are covered under the City's insurance policy. Clement asked if there is a maintenance
warranty. McLeod explained that each artist is asked to provide maintenance information for the
art works but the City is responsible for the maintenance of the City's art works. Clement
suggested that Ms. Wood be invited to be included and supervise the maintenance of the Pops
Carter art work.
Action: DeCuir made a motion to accept Christie Wood's proposal for the 2013 -14 public art
project and invite the artist to remain involved with the maintenance and to modify the hand by
changing the colors of the fingers. Clement seconded the motion and it was approved with a
vote of 6 -0.
DISCUSSION ITEMS:
Proposed Nov Project at the City Landf ll. McLeod said she had met with representatives from
the City Landfill and they are requesting that a fiiture art project be located at the Landfill
entrance. Staff is requesting that the materials used for the art are all from recyclable materials.
The costs of the art project(s) at the landfill would not come from the HOT fiind budget.
McLeod said a detailed report will be presented to the Public Art Committee at a fiiture meeting.
Status of Public Art Master Plan. Vorel reported that the public art master plan will be fiinded
by the City in the amount of $80,000 and the selection process can begin soon.
Handbook for Boards and Commissions Review. McLeod said that committee members are
briefed at the Boards and Commission reception in September and new handbooks will be
distributed at that time.
Committee members were asked to submit their recommendations for future committee members
to their council members for consideration.
There being no further business, the meeting was adjourned at 4:55 p.m.
MAM111 is
Corr se i3O Agei,Aa V.+
AGENDA INFORMATION SHEET
AGENDA DATE: November 5, 2013
DEPARTMENT: Transportation Operations
Ael
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to
execute a Second Amendment to Interlocal Cooperation Agreement Street Right -of -way Use
License (the "Amendment "), between the Denton County Transportation Authority ( "DCTA ")
and the City of Denton, Texas ( "CITY "), as attached hereto and made a part hereof as Exhibit
"A ", the amendment amending that certain Interlocal Cooperation Agreement Street Right -of-
way Use License ( "Interlocal Agreement "), by and between the City and DCTA, Amendment
providing for additional street right -of -way of the CITY to DCTA to constrict, operate and
maintain bus shelters and related bus passenger amenities in locations more particularly
described in the Amendment; and providing for an effective date.
BACKGROUND
On February 5, 2013 DCTA and the City of Denton entered into an Interlocal Agreement
(Ordinance 2013 -44) to place certain bus shelter improvements on the DCTA Denton Connect
system. The "Agreement" provided DCTA the authority to occupy defined shelter locations in
the City of Denton street rights -of -way (ROW) to allow DCTA to better serve the transportation
needs of Denton residents and overall DCTA ridership. The Agreement contains language
requiring DCTA to maintain the facilities in the ROW, and should the City of Denton need
access to existing utilities occupying the ROW, it will be DCTA's financial responsibility to
remove and /or replace DCTA's passenger amenities. On April 16, 2013, the City Council
approved Ordinance 2013 -112, Amendment I to DCTA Street ROW License removing the
requirement for DCTA to provide excess limited liability insurance coverage.
Upon completion of the first phase of shelters outlined in the Agreement, DCTA staff identified
and requested three final shelter locations be included as part of their passenger amenities
program. The shelters are proposed at the following locations; westbound Morse Street at Loop
288, southbound Brinker Road at Loop 288 and westbound Oakland Street at Locust Street. The
addition of the three shelters in the proposed amendment will provide a total of 21 shelter
locations on the DCTA Connect System in Denton.
RECOMMENDATION
On October 15, 2013, the Mobility Committee voted 2 -0 for Council consideration of the
proposed amendment.
Agenda Information Sheet
November 5, 2013
Page 2
ESTIMATED SCHEDULE OF PROJECT
DCTA has indicated the final three shelters could be installed within 60 days of approval by the
City of Denton.
PRIOR ACTION/REVIEW
City of Denton Council approved Ordinance 2013 -44 (the Agreement) on February 5, 2013.
On April 16, 2013 the City Council approved Ordinance 2013 -112 approving Amendment 1 to
the Agreement regarding insurance requirements.
FISCAL INFORMATION
No financial impact to the City of Denton.
EXHIBITS
1. Ordinance 2013 -44 - DCTA Street ROW License
2. Ordinance 2013 -112 -Amendment Ito DCTA Street ROW License
3. Ordinance - Second Amendment
Respectfully Submitted:
Marls Nelson
Transportation Director
EXHIBIT 1
sAlegahour documentAordinanceAlActa interlocal agreement -bus shelters.doc
ORDINANCE NO. 2013 -044
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT (THE "INTERLOCAL
AGREEMENT ") BETWEEN THE DENTON COUNTY TRANSPORTATION AUTHORITY
AND THE CITY OF DENTON, TEXAS, AS ATTACHED HERETO AND MADE A PART
HEREOF AS EXHIBIT "A ", PROVIDING A LICENSE TO DENTON COUNTY
TRANSPORTATION AUTHORITY TO CONSTRUCT, OPERATE AND MAINTAIN BUS
SHELTERS AND RELATED BUS PASSENGER AMENITIES IN CITY RIGHTS OF WAY
IN LOCATIONS MORE PARTICULARLY DESCRIBED IN THE INTERLOCAL
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "City ") and Denton County Transportation
Authority ( "DCTA ") desire to enter into the Interlocal Cooperation Agreement, as attached
hereto and made a part hereof as Exhibit "A ", wherein DCTA is provided a license to construct,
operate and maintain bus shelters and related bus passenger amenities in City rights of way, as
described therein; and
WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Mayor of the City of Denton is hereby authorized to execute the
Interlocal Agreement on behalf of the City with DCTA.
SECTION 3. The City Manager is hereby authorized to carry out the rights and duties of
the City under the Interlocal Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 5t-h day of ._' ) 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ._
M R ►. ftR-R(7oQf-1S, MAYOR
s: \Iegal \our documents\ordinances \131dcta interlocal agreement -bus shelters.doc
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2
EXHIBIT 1
EXHIBIT 1
THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT
STREET RIGHT -OF -WAY USE LICENSE
THIS INTERLOCAL COOPERATION AGREEMENT ( "Agreement") is made and
entered into by and between the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal
Corporation (hereinafter "CITY ") and the DENTON COUNTY TRANSPORTATION
AUTHORITY, a coordinated county transportation authority under Chapter 460 of the Texas
Transportation Code (hereinafter "DCTA "), acting by and through, and under the authority of
their respective governing bodies; and
WHEREAS, CITY and DCTA have the authority to perform the services set forth in this
Agreement individually and mutually desire to enter into an interlocal cooperation agreement, as
provided for in Chapter 791 of the Texas Government Code, in order to maximize the benefits to
the citizens of Texas derived from public funds; and
WHEREAS, CITY is a member of DCTA; and
WHEREAS, DCTA desires to construct, maintain, and operate bus shelters and other bus
passenger amenities for use by passengers of DCTA's bus transportation system at locations
within the City of Denton; and
WHEREAS, that vast majority of passengers utilizing such bus facilities will be people
who live, work, shop, and/or attend school or entertainment and other community events within
the CITY; and
WHEREAS, the use CITY right -of -way by DCTA to provide such transportation related
services constitutes a valid governmental purpose beneficial to CITY's citizens; and
WHEREAS, the Interlocal Cooperation Act, as provided in Chapter 791 of the Texas
Government Code, authorizes CITY and DCTA to enter into this Agreement for the purpose of
achieving the governmental functions and providing the services represented by this collective,
cooperative undertaking;
NOW THEREFORE, CITY and DCTA, for and in consideration of the license of the
street right -of -way and the mutual covenants set forth in this Interlocal Cooperation Agreement
do hereby AGREE as follows:
(kbl:1/18/13:58730)
EXHIBIT 1
ARTICLE I
INCORPORATION OF RECITALS
The recitals in this Agreement are incorporated into this Agreement and are found and
determined to be true and correct.
ARTICLE H
SCOPE OF AGREEMENT
A. CITY, subject to the provisions of this Agreement, hereby grants a license to DCTA to
use CITY's public street right -of -way at various locations described and illustrated in
ATTACHMENT "1," attached hereto and made a part hereof for all purposes ( "STREET
LICENSE AREAS ") to construct, operate, maintain, repair, replace, and/or remove bus
shelters and related bus passenger amenities ( "PROJECT IMPROVEMENTS ") to be
used by passengers of DCTA's bus transportation system within the City of Denton
( "PROJECT "). No other rights to use the STREET LICENSE AREAS, or any other
property or interest of CITY is authorized by this Agreement.
B. DCTA shall furnish at its own cost and expense, all labor, services, and materials
necessary for the installation, operation, maintenance, repair, and replacement of the
PROJECT IMPROVEMENTS. DCTA stipulates that the granting of any license
hereunder shall not be construed to (i) convey to DCTA any right or interest in real
property, or (ii) provide the right to use or occupy property in which a third party may
have an interest. DCTA agrees that it shall be DCTA's responsibility to obtain any
necessary permission to occupy property owned or controlled by third parties.
C. DCTA shall provide the plans and specifications of the PROJECT IMPROVEMENTS,
including the specific location thereof, to CITY's Development Review Coordinator.
CITY shall have the right to evaluate and approve the specific locations of the PROJECT
IMPROVEMENTS within the STREET LICENSE AREAS, such evaluation to be
conducted in a reasonable manner and approval to not be unreasonably withheld, delayed,
or conditioned. Within a reasonable time following completion of the PROJECT
IMPROVEMENTS, DCTA shall provide CITY an "as- built" set of plans of the
PROJECT IMPROVEMENTS.
D. DCTA shall promptly provide CITY with any drawings or other written document, as
CITY may request, to proceed with the work as provided for in this Agreement. All such
drawings and written documents shall be consistent with this Agreement.
E. DCTA understands, acknowledges and agrees that the presence of the PROJECT
IMPROVEMENTS is subordinate to CITY's interests in the street right -of -way and any
easements, if applicable, constituting the STREET LICENSE AREAS. CITY reserves
the right to use the STREET LICENSE AREAS for any public purpose allowed by law
and to do and permit to be done, any work in connection therewith which may be deemed
necessary or proper by CITY, in, on, across, along, under or over the STREET LICENSE
AREAS; and whenever by reason of said work in connection with said other purposes it
shall be necessary by CITY for the PROJECT IMPROVEMENTS or any other DCTA
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EXHIBIT 1
property to be altered, changed, adapted, conformed or relocated in or from any part of
the STREET LICENSE AREAS, such alterations, changes, or relocations shall be made
by DCTA within a reasonable time after receipt of a written request from CITY pursuant
to directions from the City Manager without any claim for reimbursement for the costs of
the relocation or for damages against CITY. Notwithstanding anything to the contrary
herein, DCTA shall at all times be entitled to receive from the appropriate governmental
bodies, but specifically excluding CITY, payment for alteration or relocation of its
property to which DCTA may be lawfully entitled under applicable federal, state or local
laws with respect to relocation payments.
F. Prior to contractor mobilization for the PROJECT, or any construction activities or any
subsequent maintenance activities within the STREET LICENSE AREAS, DCTA shall
obtain a Right -of -Way inspection permit from CITY's Utilities Engineering Department
for each instance. The role of CITY's Utilities Engineering Department shall be to ensure
that DCTA and/or its contractor(s) maintain proper traffic control devices and are
conforming to best practices in their general construction operations within the public
domain. A City Right -of -Way Inspection Permit has a fee component. DCTA shall
deposit the estimated inspection fee fund amount with the CITY at the time of Right -of-
Way Inspection Permit application. The CITY Right -of -Way Inspection Fees shall be
drawn out of these posted funds on a periodic basis, throughout the duration of the
PROJECT. Upon substantial completion of the PROJECT and departure of the
PROJECT contractor(s) from the STREET LICENSE AREAS, the balance of the
remaining posted Inspection Fee funds shall be refunded to DCTA. Any shortfalls in the
Inspection Fee fund account shall be promptly tendered by DCTA to CITY, upon written
notification of that event. It is expressly stipulated by DCTA that (i) DCTA shall provide
their own construction inspection as it relates to construction conformance to their plans
and specifications for the PROJECT; and (ii) that DCTA is solely responsible for all
activities related to the PROJECT, subject to the terms hereof.
G. DCTA shall maintain the PROJECT IMPROVEMENTS in a good condition during this
Agreement, as determined by CITY, in its reasonable discretion.
H. DCTA's specific branding elements and posted operational materials, which may include
materials promoting or advising the public of modified or special bus and /or train
schedules in association with events conducted by third parties, may be placed upon the
PROJECT IMPROVEMENTS without the express written consent of CITY.
ARTICLE III
TERM OF AGREEMENT
This Agreement, unless terminated sooner pursuant to the terms hereof, shall expire fifty
(50) years after the EFFECTIVE DATE.
ARTICLE IV
TERMINATION OF AGREEMENT
A. Either party may voluntarily terminate this Agreement at any time upon giving to the
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EXHIBIT 1
other party one (1) year written notice of such intention to terminate.
B. Either party may terminate this Agreement in the event of the other party's material
breach or default in the performance of this Agreement and such party's failure to cure
said default, as provided herein. The party seeking to terminate this Agreement under this
provision shall provide the defaulting party written notice, specifically identifying the
breach or default complained of, which notice shall provide the defaulting party a period
of not less than thirty (30) days in which to cure such breach or default. In the event such
breach or default is not fully cured within the time period specified, then the party seeking
to terminate this Agreement shall provide the defaulting party with further written notice
expressly specifying that this Agreement will be terminated if the breach or default is not
wholly cured within ten (10) days after the receipt of the written notice by the alleged
defaulting party. In the event that the defaulting party fails to cure the breach or default
complained of, within the time specified, then this Agreement shall be terminated, and the
party terminating this Agreement may seek appropriate legal relief.
C. At the time of any termination event of this Agreement, DCTA shall remove all of its
facilities and the PROJECT IMPROVEMENTS from the STREET LICENSE AREAS,
unless otherwise mutually agreed to in writing. If CITY, by DCTA default, removes the
PROJECT IMPROVEMENTS from the STREET LICENSE AREAS, DCTA shall pay
CITY all costs for such removal and or any related restoration, including, without
limitation, all costs related to time expended by CITY employees, if applicable.
ARTICLE V
PARTY RESPONSIBILITY
A. Without waiving any governmental immunity available to the parties under Texas and
other applicable laws, and without waiving any available defenses under Texas and other
applicable laws, the parties hereto acknowledge that no party is an agent, servant, or
employee of the other party, and each party agrees it is responsible for its own individual
negligent acts or omissions or other tortious conduct as well as such acts and deeds of its
contractors, agents, representatives, and employees during performance of this Agreement
to the extent such liability can be imputed to said party under applicable law. Nothing in
this Agreement shall be construed as creating or granting any rights, contractual or
otherwise, in or to any third persons or entities.
B. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ARTICLE V.A.,
ABOVE, PRIOR TO DCTA'S CONTRACTOR(S) ENTERING INTO ALL OR
ANY PART OF THE STREET LICENSE AREAS TO PERFORM WORK ON
BEHALF OF DCTA, DCTA SHALL REQUIRE ITS CONTRACTOR OR OTHER
THIRD PARTY WHO ENTERS AND /OR PERFORMS WORK IN THE STREET
LICENSE AREAS TO AGREE AT ALL TIMES TO INDEMNIFY, DEFEND, AND
HOLD HARMLESS CITY AGAINST AND FROM:
(1) ANY AND ALL LOSS, COST, DAMAGE, OR EXPENSE, INCLUDING
REASONABLE ATTORNEY'S FEES, ARISING OUT OF OR FROM ANY
ACCIDENT OR OTHER OCCURRENCE CAUSING PERSONAL
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EXHIBIT 1
INJURY, DEATH OR PROPERTY DAMAGE RESULTING FROM OR
RELATED TO USE OF THE STREET LICENSE AREAS BY THE
CONTRACTOR, ITS AGENTS, EMPLOYEES, PARTNERS,
SHAREHOLDERS, AGENTS, SUBCONTRACTORS, INVITEES, OR
GUESTS, WHETHER OCCASIONED BY THE INTENTIONAL OR
NEGLIGENT ACTS OR OMISSIONS OF THE CONTRACTOR, ITS
EMPLOYEES, OFFICERS, PARTNERS, SHAREHOLDERS, AGENTS,
SUBCONTRACTORS, INVITEES, OR GUESTS, EXCEPT WHEN
CAUSED BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE
OF CITY, ITS OFFICERS, EMPLOYEES AND /OR AGENTS, AND ONLY
THEN TO THE EXTENT OF THE PROPORTION OF ANY FAULT
DETERMINED AGAINST CITY FOR ITS WILLFUL MISCONDUCT OR
GROSS NEGLIGENCE; AND
(2) ANY PENALTY, OR ANY DAMAGE, OR CHARGE, IMPOSED FOR ANY
VIOLATION OF ANY LAW, ORDINANCE, RULE OR REGULATION
ARISING OUT OF THE USE OF ALL OR ANY PART OF THE STREET
LICENSE AREAS BY THE CONTRACTOR, ITS AGENTS,
EMPLOYEES, PARTNERS, SHAREHOLDERS, AGENTS,
SUBCONTRACTORS, INVITEES, OR GUESTS, WHETHER OR NOT
OCCASIONED BY THE INTENTIONAL OR NEGLIGENT ACTS OR
OMISSIONS OF CITY OR ITS EMPLOYEES, OFFICERS, PARTNERS,
SHAREHOLDERS, AGENTS, CONTRACTORS, INVITEES, OR GUESTS.
C. CITY and DCTA are each a "governmental unit' as that term is defined in Tex. Civ. Prac.
& Rem. Code §101.001 and do not by agreement to and acceptance of this Agreement
waive their respective rights to claim immunity to liability or suit or to invoke the limits
of liability set forth in Chapter 101 of the Texas Civil Practices & Remedies Code, as
amended, to the extent sovereign immunity has been waived by said statutes. DCTA and
CITY further acknowledge and agree that nothing in this Agreement is intended to be for
the benefit of any third parties except to the extent expressly provided in this Agreement.
D. The provisions of this Article V shall survive the termination of this Agreement
regardless of the means of termination.
ARTICLE VI
INSURANCE
DCTA shall provide or cause to be provided the insurance described below upon
execution of this Agreement.
A. Commercial General Liability Insurance. This coverage shall include
premises /operations, products /completed operations, blanket contractual liability, broad
form property damage, independent contractors and personal injury and where the
exposure exists, explosion, collapse and underground property damage. This coverage
should be a minimum Combined Single Limit of $1,000,000 per occurrence for Bodily
Injury and Property Damage.
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EXHIBIT 1
B. Automobile Liability Insurance.
(1) Minimum Combined Single Limit of $500,000 per occurrence for Bodily Injury
and Property Damage; and
(2) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of
the liability section in Item 2 of the declarations page which includes coverage for
hired, leased and non -owned vehicles.
C. Workers' Compensation Insurance. In addition to the minimum statutory
requirements:
(1) Employer's Liability limits of at least $100,000 for each accident, $100,000 for
each employee, and a $500,000 policy limit for occupational disease;
(2) The insurer agrees to waive rights of subrogation against CITY, its officials,
agents, employees, and volunteers for any work performed for CITY by DCTA;
and
(3) DCTA shall comply with the provisions of Section 406.096 of the Texas Labor
Code and 28 TAC § 110.110 of the Texas Worker's Compensation Commission to
the extent such statute and regulation apply to DCTA.
D. Excess Liability Insurance. Excess Liability Insurance shall be provided with limits of
not less than Five Million ($5,000,000.00) annual aggregate.
E. General Provisions.
(1) All policies shall be endorsed to read substantially as follows: "THIS POLICY
WILL NOT BE CANCELLED OR NON - RENEWED WITHOUT 30 DAYS
ADVANCED WRITTEN NOTICE TO THE CITY EXCEPT WHEN THIS
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED ".
(2) Commercial General Liability and Automobile Liability insurance shall be written
by companies with "A-" or better rating in accordance with the current AM Best
Key Rating Guide.
(3) Commercial General Liability, Automobile Liability, and Excess Liability
insurance policies shall name as "Additional Insured" the CITY and its officials,
agents, employees, and volunteers.
(4) Certificates of insurance must reflect all coverages and endorsements required by
this section.
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EXHIBIT 1
(5) Coverage shall be placed with insurance carriers licensed to do business in the
State of Texas or with non - admitted carriers that have a financial rating
comparable to carriers licensed to do business in Texas approved by CITY.
ARTICLE VII
BONDS
DCTA, to the extent required by law, including without limitation, Section 2253.021 of
the Texas Government Code ( "APPLICABLE BOND LAW "), shall require all contractors to
execute to DCTA performance bonds and /or payment bonds, in the form and in the amount as
required by the APPLICABLE BOND LAW. DCTA shall provide a copy of all bonds with
CITY's Utilities Engineering Department.
ARTICLE VIII
ASSIGNABILITY
DCTA shall not assign any interest in this Agreement and shall not transfer any interest in
this Agreement (whether by assignment, novation or otherwise) without the prior written consent
of CITY, which consent shall not be unreasonably withheld. CITY shall not assign any interest in
this Agreement and shall not transfer any interest in this Agreement (whether by assignment,
novation or otherwise) without the prior written consent of DCTA, which consent shall not be
unreasonably withheld.
ARTICLE IX
NOTICE
Any notice given by one party to the other in connection with this Agreement shall be in
writing and shall provided by personal delivery, sent by registered mail or certified mail, return
receipt requested, postage prepaid, or by facsimile transmission actually received, to:
CITY:
City Manager
City of Denton
215 E. McKinney
Denton, TX 76201
Fax: (940) 349 -8596
With copies to:
Paul Williamson
901 -A Texas St., 2nd Floor
Denton, TX 76209
DCTA:
President
Denton County Transportation Authority
1660 South Stemmons, Suite 250
Lewisville, Texas 75067
Fax: (972) 221 -4601
Nichols, Jackson, Dillard, Hager & Smith
Attn: Peter G. Smith
500 N. Akard, Suite 1800
Dallas, TX 75201
Notices shall be deemed to have been provided and received on the earlier to occur of (i) the date
placed in the United States Mail, as prescribed above; (ii) the date provided by facsimile
transmission; or (iii) the date personally delivered.
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EXHIBIT 1
ARTICLE X
MODIFICATION
No waiver, modification, cancellation or alteration of this Agreement or of any covenant,
condition, or limitation herein contained shall be valid unless in writing and duly authorized and
executed by the party to be charged therewith. No evidence of any waiver, modification,
cancellation or alteration shall be offered or received in evidence in any proceeding arising
between the parties hereto out of or affecting this Agreement, or the rights or obligations of the
parties hereunder, unless such waiver, modification, cancellation or alteration is in writing, duly
authorized and executed.
ARTICLE XI
SAVINGS
In the event that any one or more of the provisions hereof concerning the subject matter
of this Agreement should be held by a court or administrative agency of competent jurisdiction to
be illegal, invalid or unenforceable in any respect, the parties agree to make a good faith effort to
renegotiate another agreed provision to fulfill the purpose and intent of the present Agreement.
ARTICLE XII
GOVERNING LAW AND VENUE
This Agreement shall be construed under and governed by, and in accordance with the
laws of the State of Texas, and all obligations of the parties hereto created by this Agreement are
performable in Denton County, Texas. VENUE OF ANY SUIT OR CAUSE OF ACTION
UNDER OR RELATED TO THIS AGREEMENT SHALL LIE EXCLUSIVELY IN STATE
COURTS OF COMPETENT JURISDICTION LOCATED IN DENTON COUNTY, TEXAS.
ARTICLE XIII
ENTIRE AGREEMENT
This Agreement, including the exhibits attached hereto, constitutes the entire agreement
among the parties hereto with respect to the subject matter hereof, and supersedes any prior
understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement.
ARTICLE XIV
WAIVER OF TERMS AND CONDITIONS
The failure of either party to enforce or insist upon compliance with any of the terms or
conditions of this Agreement shall not constitute a general waiver or relinquishment of any such
terms or conditions, but the same shall be and remain at all times in full force and effect.
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EXHIBIT 1
ARTICLE XV
BINDING AUTHORITY
This Agreement is entered into by the duly authorized officials of each respective
governmental entity.
ARTICLE XVI
CURRENT REVENUES
Each party paying for the performance of governmental functions or services hereunder
must make those payments from current revenues available to the paying party. Any
compensation provided for herein fairly compensates the performing party for the services or
functions performed hereunder.
ARTICLE XVII
CAPTIONS
The captions contained in this Agreement are for informational purposes only and shall
not in any way affect the substantive terms or conditions of this Agreement.
(Signatures on Following Page)
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EXHIBIT 1
IN WITNESS WHEREOF, the governing body of the City of Denton, Texas has caused
this Interlocal Cooperation Agreement to be executed on this the 6 Lll day of
2013; and the governing body of the Denton County Transportation
Authority gas caused this Interlocal Cooperation Agreement to be executed on this the 417Wday
Of , 2013, but this Agreement shall be effective for all purposes from and as of
the latest date o the execution hereof the parties hereto (the "EFFECTIVE DATE ").
"CITY"
CITY OF DENTON, TEXAS
A Texas Home Rule Municipal
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR ED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
"DCTA"
FA
DENTON COUNTY TRANSPORTATION AUTHORITY
ffix
NAN
TITL
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EXHIBIT 1
Attachment "1"
DCTA BUS SHELTER LOCATIONS
No
Street Location
G PS
Location
Latitude &
1
EB Hercules @ Stuart
33,25401957
- 97.1224379
2
Removed
3
SB Colorado @ San Jacinto
33,193979
- 97.106397
4
SB Colorado @ Golden Triangle Mall
33.192623
- 97.10541
5
WB McKinney @ Campbell
33.21591821
- 97.11280391
6
WB Oak @ 1 -35
33,215564
- 97,166134
7
WB University @ Elm
33.23100647
- 97,13286113
8
WB Windsor @ Olympia
33,24437628
- 97.12511625
9
Brinker Road @ 288
33.19281173
- 97.09586131
10
NB Cardinal Drive @ Oriole Lane
33,21773708
- 97,09200338
11
EB Charlotte @ Ave G
33.21274029
- 97.15832384
12
SB Elm St @ College
33,22778405
- 97.13357233
13
Meadow @north of 1 -35
33.196951
- 97,133144
14
WB Mingo Road @ Village East
33.197848
- 97,133369
15
EB Scripture @ Bonnie Brae
33.21895136
- 97.16209788
16
SB Teasley @ 1 -35 1
33,19626289
- 97.12407757
171
WB Wilson @ Ruddell 1
33,208109
- 97.117597
11- Dec -12
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sAlegal \our documents \ordinances \13 \dcta interlocal agreement- amendment -bus shelters.doc EXHIBIT 2
ORDINANCE NO. 2013 -112
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE A FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT
(THE "AMENDMENT "), BETWEEN THE DENTON COUNTY TRANSPORTATION
AUTHORITY ( "DCTA ") AND THE CITY OF DENTON, TEXAS ( "CITY "), AS ATTACHED
HERETO AND MADE A PART HEREOF AS EXHIBIT "A ", THE AMENDMENT
AMENDING THAT CERTAIN INTERLOCAL COOPERATION AGREEMENT
( "INTERLOCAL AGREEMENT "), BY AND BETWEEN THE CITY AND DCTA,
REGARDING THE INSURANCE REQUIREMENTS PROVIDED BY THE INTERLOCAL
AGREEMENT, SAID INTERLOCAL AGREEMENT PROVIDING A LICENSE TO DCTA
TO CONSTRUCT, OPERATE AND MAINTAIN BUS SHELTERS AND RELATED BUS
PASSENGER AMENITIES IN CITY RIGHTS OF WAY IN LOCATIONS MORE
PARTICULARLY DESCRIBED IN THE INTERLOCAL AGREEMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, City staff and DCTA have jointly reviewed the Interlocal Agreement and
determined that excess liability insurance coverage is not necessary to protect the City and /or
DCTA;
WHEREAS, the City and DCTA desire to enter into the First Amendment to Interlocal
Cooperation Agreement, as attached hereto and made a part hereof as Exhibit "A ", deleting
excess liability insurance coverage requirements therein; and
WHEREAS, the City Council finds that the First Amendment to Interlocal Agreement is
in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION ml . The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Mayor of the City of Denton is hereby authorized to execute the First
Amendment to Interlocal Agreement on behalf of the City with DCTA.
SECTION 3. The City Manager is hereby authorized to carry out the rights and duties of
the City under the Interlocal Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ......... ::...w_ day of q ________, 2013.
._�. . .
MARK A 131�1I k HS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2
EXHIBIT 2
s: \legal \our documents \contracts \13 \dcta interlocal cooperation agreement- amendment I. doe EXHIBIT 2
THE STATE OF TEXAS §
COUNTY OF DENTON §
FIRST AMENDMENT TO
INTERLOCAL COOPERATION AGREEMENT
STREET RIGHT -OF -WAY USE LICENSE
THIS FIRST AMENDMENT OF INTERLOCAL COOPERATION AGREEMENT
(the "Amendment "), is made and entered into effective as of the date set forth below, by and
between the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
(hereinafter "CITY ") and the DENTON COUNTY TRANSPORTATION AUTHORITY, a
coordinated county transportation authority under Chapter 460 of the Texas Transportation Code
(hereinafter "DCTA "), acting by and through, and under the authority of their respective
governing bodies; and
WHEREAS, the CITY and DCTA, on or about February 5, 2013, City Ordinance No.
2013 -044, entered into that certain Interlocal Cooperation Agreement Street Right -of -Way Use
License (the "Original Agreement "), to occupy certain property of the City in respect to
construction, maintenance and operation of bus shelters and other bus passenger amenities for
use by passengers of DCTA's bus transportation system;
WHEREAS, the City and DCTA have examined the insurance requirements of the
Original Agreement, and have jointly determined that certain coverage is no longer necessary to
protect the City and/or DCTA;
WHEREAS, due to the lack of necessity of such insurance coverage, the City and DCTA
desire to amend the Original Agreement to delete the requirement therefor;
NOW THEREFORE, for and in consideration of the license of the street right -of -way and
the mutual covenants set forth in the Original Agreement and herein, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City
and DCTA hereby amend the Original Agreement as follows:
1. "ARTICLE VI, INSURANCE ", Paragraph D., entitled "Excess Liability
Insurance ", is hereby deleted from the Original Agreement for all purposes.
2. Except as expressly amended herein, the terms of the Original Agreement shall
remain valid and subsisting as originally provided.
EXHIBIT 2
IN WITNESS WHEREOF, the governing body of the City of Denton, Texas has c used
this First Amendment to Interlocal Cooperation Agreement to be executed on this the day
of p1) 2013; and the governing body of the Denton County Transportation
Authority has caused this First Amendment to Interlocal Cooperation Agreement to be executed
on this the day of p..�...mmm, 2013, but this Amendment shall be effective for all
purposes from and as of the latest date of the execution hereof by the parties hereto (the
"Effective Date ").
"CITY"
CITY OF DENTON, TEXAS
A Texas Home Rule Municipal Corporation
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IN
4
A111P RO 4'.p. AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
"DCTA"
MARK A� BURRO G1 O11% MAYOR
DENTON COUNTY TRANSPORTATION AUTHORITY
BY:
1 I EE CL E, :IR., P l PRESIDENT
Page 2 of 2
sAlegal\Mir d0CL1ments\ordinances\1 3\d eta interlocal agreement- amendment 2-bus slielters.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING TILE MAYOR TO
EXECUTE A SECOND AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT
STREET RIGHT-OF-WAY USE LICENSE (THE "AMENDMENT"), BETWEEN THE
DENTON COUNTY TRANSPORTATION AUTHORITY ("DCTA") AND THE CITY OF
DENTON, TEXAS ("CITY"), AS ATTACHED HERETO AND MADE A PART HEREOF AS
EXHIBIT "A", THE AMENDMENT AMENDING THAT CERTAIN INTERLOCAL
COOPERATION AGREEMENT STREET' RIGHT -OF -WAY USE LICENSE ("INTERLOCAL
AGREEMENT"), BY AND BETWEEN 'THE CITY AND DCTA, AMENDMENT
PROVIDING FOR ADDITIONAL STREET RIGHT -OF -WAY OF THE CITY TO DCTA TO
CONSTRUCT, OPERATE AND MAINTAIN BUS SHELTERS AND RELATED BUS
PASSENGER AMENITIES, IN LOCATIONS MORE PARTICULARLY DESCRIBED IN
THE AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City and DCTA entered into the Interlocal Agreement, on or about February
5, 2013, City Ordinance No. 2013-044, related to the occupation of certain property of the City
in respect to the construction, maintenance and operation of bus shelters and other bus passenger
amenities for use by passengers of DCTA's bus transportation system;
WHEREAS, the City and DCTA amended the Interlocal Agreement pursuant to that
certain First Amendment to Interlocal Cooperation Agreement Street Right-Of-Way Use
License, dated on or about April 25, 2013, City Ordinance No. 2013-112, amending certain
liability insurance coverages prescribed by the Interlocal Agreement;
WHEREAS, it has come to the attention of City and DCTA that additional locations for
the construction, maintenance and operation of bus shelters and other bus passenger amenities by
DCTA are advisable to the City;
WHEREAS, the City and DCTA desire to enter into the Second Amendment to Interlocal
Cooperation Agreement Street Right-of-Way Use License, as attached hereto and made a part
hereof as Exhibit "A", providing such additional bus shelters and other bus passenger amenities
locations within City rights-of-way; and
WHEREAS, the City Council finds that the Second Amendment to Interlocal
Cooperation Agreement Street Right-Of-Way Use License is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Mayor of the City of Denton is hereby authorized to execute the
Second Amendment to Interlocal Cooperation Agreement Street Right-Of-Way Use License on
behalf of the City with DCTA.
SECTION 3. The City Manager is hereby authorized to carry out the rights and duties of
the City under the Interlocal Agreement, as amended by the Amendment and Second
Amendment to Interlocal Cooperation Agreement Street Right-Of-Way Use License.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
ATTEST:
JENNIFER WAL'FERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
MARK A. BURROUGHS, MAYOR
Page 2
EXHIBIT "A"
THE STATE OF TEXAS §
COUNTY OF DENTON §
SECOND AMENDMENT TO
INTERLOCAL COOPERATION AGREEMENT
STREET RIGHT-OF-WAY USE LICENSE
THIS SECOND AMENDMENT OF INTERLOCAL COOPERATION
AGREEMENT (the "Amendment"), is made and entered into effective as of the date set forth
below, by and between the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal
Corporation ("CITY") and the DENTON COUNTY 'TRANSPORTATION AtjTIIORITY, a
coordinated county transportation authority under Chapter 460 of the Texas Transportation Code
("DCTA"), acting by and through, and under the authority of their respective governing bodies;
WHEREAS, the CITY and DCTA, on or about February 5, 2013, City Ordinance No.
2013-044, entered into that certain Interlocal Cooperation Agreement Street Right-of-Way Use
License (the "Original Agreement"), to occupy certain property of the City in respect to the
construction, maintenance and operation of bus shelters and other bus passenger amenities for
use by passengers of DCTA's bus transportation system;
WHEREAS, the CITY and DCTA, on or about April 25, 2013, City Ordinance No. 2013-
112, entered into that certain First Amendment to Interlocal Cooperation Agreement Street
Right-Of-Way Use License ("First Amendment"), amending the Original Agreement regarding
certain insurance requirements prescribed therein;
WHEREAS, the CITY and DCTA have determined that providing additional areas within
CITY street right-of-way in respect to construction, maintenance and operation of bus shelters
and other bus passenger amenities by DCTA is advisable;
WHEREAS, the CITY and DCTA desire to amend the Original Agreement, as amended
by the First Amendment, to add such additional street use right-of-way locations;
NOW 'THEREFORE, for and in consideration of the license of the street right-of-way and
the mutual covenants set forth in the Original Agreement, First Amendment and herein, and other
good and valuable consideration, the receipt and Sufficiency of which is hereby acknowledged,
the CITY and DCTA hereby amend the Original Agreement, as amended by the First
Amendment, as follows:
1. The locations described and illustrated in Exhibit "A", attached hereto and made a
part hereof for all purposes, are hereby included in ATTACHMENT 1, as attached to the
Original Agreement, for all intents and purposes (the "ADDITIONAL AREAS").
2. The ADDITIONAL AREAS are hereby included, for all purposes, within the
defined term "STREET LICENSE AREAS ", as set forth in the Original Agreement, as
amended by the First Amendment.
3. Except as expressly amended herein, the terms of the Original Agreement, as
amended by the First Amendment, shall remain valid and subsisting as originally
provided.
IN WITNESS WHEREOF, the governing body of the City of Denton, Texas has caused
this Second Amendment to Interlocal Cooperation Agreement to be executed on this the _
day of November, 2013; and the governing body of the Denton County Transportation Authority
has caused this Second Amendment to Interlocal Cooperation Agreement to be executed on this
the -- day of November, 2013, but this Amendment shall be effective for all purposes from
and as of the latest date of the execution hereof by the parties hereto (the "Effective Date").
"CITY"
CITY OF DENTON, TEXAS
A Texas Home Rule Municipal Corporation
0
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
ccDCTA"
MARK A. BURROUGHS, MAYOR
DENTON COUNTY TRANSPORTATION AUTHORITY
BY:
JAMES C. CLINE, JR., P.E., PRESIDENT
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AGENDA INFORMATION SHEET
AGENDA DATE: November 5, 2013
DEPARTMENT: Engineering Services
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or
his designee to execute a Contract of Sale (herein so called), as attached hereto and made a part
hereof as Exhibit "A ", by and between North Locust Properties, LLC (the "Owner "), and the
City of Denton (the "City "), regarding the sale by Owner and purchase by the City of a 2.493
acre tract of land, more or less, situated in the T. Toby Survey, Abstract No. 1288, in the City of
Denton, Denton County, Texas, as more particularly described in Exhibit "A" to the Contract of
sale (the "Property Interests "), for the purchase price of One Hundred Seventy Two Thousand
Seven Hundred One and no /100 dollars ($172,701.00) (the "Purchase Price ") authorizing the
City Manager, or his designee, to make an offer to purchase the property interests from the
Owner for such purchase price, and execute and deliver any and all other documents necessary to
accomplish closing of the transaction contemplated by the Contract of Sale; authorizing the
expenditure of funds therefore, and providing an effective date. The Public Utilities Board
recommends approval 7 -0.
BACKGROUND
In accord with the current 69kV Transmission Line Re -build project initiative, staff is
undertaking the identification of the additional land rights necessary to accommodate the
constriction and operation of improvements to the electric transmission and distribution systems.
In respect to the tract owned by North Locust Properties, LLC, the project requires the fee simple
acquisition of a 2.493 acre tract of land, to accommodate the electric utilities and electric
substation infrastructure, as an assemblage tract, north of and adjacent to DME's existing Denton
North substation property.
AR/WS Texas L.P. provided a real estate appraisal report in regard to the subject property tract
with a finding of $172,701.00 as compensation for the fee simple interest.
Approval of the ordinance under consideration authorizes staff to make an offer to purchase the
2.493 acre tract, and to proceed to closing the purchase transaction upon successful negotiations
with the affected landowner.
Agenda Information Sheet
November 5, 2013
Page 2
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Staff recommends approval of the ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This tract is within the "Yellow Route ", an alignment previously recommended by the Public
Utility Board and approved by the City Council. (Resolution 2011 -043 November 15, 2011)
PUB October 28, 2013 Approved 7 -0.
FISCAL INFORMATION
The project at hand is being funded by issuing General Obligation Bonds which will be paid by
Transmission Revenue received from all other electric utilities who are members of the Electric
Reliability Council of Texas (ERCOT).
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Excerpt from October 28, 2013 PUB Minutes
3 . Ordinance
Prepared by:
Pamela England
Real Estate Specialist
Respectfully submitted:
Paul Williamson
Real Estate Manager
FA a 9]
Parcels Floodplain - 100yr
0
Sales
Aerials 2013
�ERed: Band 1
Streets
ElGreen: Band —2
MBlue: Band
Lakes
—3
I DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 October 28, 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, October 28 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
8 Center, 901A Texas Street, Denton, Texas.
9
10 Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy
I I Robinson, Leonard Herring, Phil Gallivan Barbara Russell and Lilia
12 Bynum
13
14 Ex Officio Members: George Campbell City Manager and Howard Martin, ACM Utilities
15
16 OPEN MEETING:
17
18 CONSENT AGENDA:
19
20 10) Recommend approval of an ordinance of the City of Denton, Texas authorizing the City
21 Manager or his designee to execute a Contract of Sale (herein so called), as attached hereto
22 and made a part hereof as Exhibit "A ", by and between North Locust Properties, LLC (the
23 "Owner"), and the City of Denton (the "City "), regarding the sale by Owner and purchase by
24 the City of a 2.493 acre tract of land, more or less, situated in the T. Toby Survey, Abstract
25 No. 1288, in the City of Denton, Denton County, Texas, as more particularly described in
26 Exhibit "A" to the Contract of sale (the "Property Interests "), for the purchase price of One
27 Hundred Seventy Two Thousand Seven Hundred One and no /100 dollars ($172,701.00) (the
28 "Purchase Price ") authorizing the City Manager, or his designee, to make an offer to
29 purchase the property interests from the Owner for such purchase price, and execute and
30 deliver any and all other documents necessary to accomplish closing of the transaction
31 contemplated by the Contract of Sale; authorizing the expenditure of funds therefore, and
32 providing an effective date.
33
34 Motion was made to approve items 5 -10 by Board Member Russell with the second by
35 Board Member Cheek. The vote was 7 -0 approved.
36
37 Adjournment 9:59 a.m.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF O2NTON, TEXAS AUTHORIZING THE CITY
MANAGER URHIS DBS{GNBF,IO EXECUTE /\ CONTRACT 0P SALE (HEREIN SO
C&L[ED),&S ATTACHED U�KBTD AND MADE /\ PART HEREOF /\SDXU0O[`^8.`,0�/
AND B{!I\�EBN|�OKJDLDCUSIyROPE8T|E8,L[C (THE ^^OWNER`)` AND THE CITY
OFD8NT0N (THE "CTTY"), REGARDING THE SALE DY OWNER AND PURCHASE BY
THE CITY OF/\2.493/\C}lBT8ACT0F LAND, MORE DIl LESS, SITUATED INTBET.
IO8\/ SURVEY, }\88TRACINO.|288,ON THE CITY OFD8NT0N,DBNTONCOUNTY,
TEXAS, AB MORE P/\RTlCOL&KLI DESCRIBED QN EX0I8TT'^/\"TO THE CONTRACT
OF 8/\LB (I0B "PROPERTY [NTBKB8TS"), FOR THE PURCHASE PRICE OF ONE
HUNDRED SEVENTY-TWO THOUSAND SEVEN 14LJNDKE0 ONE AND NO/100
00[L&F(S ($172,701.00) ("[HE ''PU0C0&SB PRICE") /\0TODKlZONO THE CITY
MANAGER, 0D HIS DESIGNEE, IOMAKE AN OFFER I0 PURCHASE TDE.PROPERTY
[NTEK�ST0 FROM OYVNBK FOR SUCH PDKC0A8D PRICE AND ElXO[DTC AND
DELIVER ANY AND ALL 0I8BR DOCUMENTS NECESSARY TO ACCOMPLISH
CLOSING DFTR[TOANS/\CT[KN CONTEMPLATED 8YT8E CONTRACT 0[SALE;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
EFFECTIVE DATE.
VVI]BR2/\8, after due consideration o[ the public interest and necessity and the public
use and benefit to accrue na the City m[ Denton, Texas:
IBE C0ONCILDPTQE CITY 0PDENT0N HEREBY ORDAINS:
SECTION L The City Council Dudm that opubUo use and necessity exists, and that the
public welfare and convenience require the acquisition o[the Property Interests hythe City of
1)coioo, Texas (the "City"). The City Council hereby finds and determines that the acquisition n[
the Property Interests io necessary for public use in expand and improve the Denton Municipal
Electric Distribution and Transmission System io serve the public and the citizens of the City of
Denton, Texas.
The City Manager, o/ his designee, io hereby authorized to(n) execute for
and on behalf of City (i) �c Contract of Solo, by �d between Nc City �d Owner, io the
fbon attached hereto and 000du o part hereof as Exhibit ^^/\" with u purchase price of ONE
HONUDBN SEVENTY-TWO Tf[OO8&N0 SEVEN BDN0KBD ONE AND N0/100
DOLLARS ($172`701.00) (the ^'Pnrobaae Price" herein), plum ucduin costs, as prescribed in the
Contract of u|c; and (ii) any other documents necessary for closing the transaction contemplated
by the Contract of ; (b) make an offer 0V purchase the Property Interests from Owner for the
Purchase Price; and (c) make cxpcuditurcainuccocdonucvjthtbetcrmmnf1hoCoubuoto[Su|e.
--------- If section, article, puzo�zopb, sccd000e, phrase, c\ouac or word in this
ordinance, or application tbezom[ to any persons or circumstances, is held invalid or
unconstitutional by u court of competent jurisdiction, such holdings ubo|l not affect the validity
of the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2013
MARK A. BURROUGHS, MAYOR
ATTEST:
IF,,NNIFEfZ WALTERS, CITY SECRETARY
By:
2
EXHIBIT "A" to Ordinance
STATE OF TEXAS
COUNTY OF DENTON §
CONTRACT OF SALE
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE
THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT
REGARDING THE CITY OF DENTON'S ACQUISITION OF THE
PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR
AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR
AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
This Contract of Sale (the "Contract") is made this . . ..... - ------ day of
2013, effective as of the date of execution hereof by Seller, as
defined herein (the "Effective Date"), by and between North Locust Properties, L.L.C., a
Texas limited liability company (referred to herein as "Seller") and the City of Denton,
Texas, a Home Rule Municipal Corporation of Denton County, Texas (referred to herein
as "Buyer").
RECITALS
WHEREAS, Seller owns that certain tract of land being more particularly
described and depicted on Exhibit "A", attached hereto and made a part hereof for all
purposes, being located in Denton County, Texas (the "Land"); and
WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller,
the Land, together with any and all rights or interests of Seller in and to adjacent streets,
alleys and rights of way and together with all and singular the improvements and fixtures
thereon and all other rights and appurtenances to the Land (collectively, the "Property").
ARTICLE I
SALE OF PROPERTY
For the consideration hereinafter set forth, and upon the terms, conditions and
provisions herein contained, and subject to the reservations herein, Seller agrees to sell
and convey to Buyer, and Buyer agrees to purchase from Seller, the Property.
Seller, subject to the limitation of such reservation made herein, shall reserve, for
itself, its successors and assigns all oil, gas and other minerals in, on and under and that
may be produced from the Property. Seller, its successors and assigns shall not have the
right to use or access the surface of the Property, in any way, manner or form, in
connection with or related to the reserved oil, gas, and other minerals and/or related to
exploration and/or production o[ the oil, gas and other minerals reserved herein, including
without limitation, use or access of the surface of the Property for the location of any well
or dcU| sites, well bun:o, wbm|hcz vertical or any deviation from votiou|, vvoLor vveUo, pit
areas, aciaodc auhvibco' tanks or tank bmUcdem' pipe|hztu` roads, electricity or other
utility infrastructure, and/or for aohiocco1 or \u1eroJ support for any surface taci|dGca or
well bores, or any other infrastructure or iozpnovczoco1 o[uoy kind or type in connection
with or cc|o1cd 10 the reserved oil, gas and other cniuczula` and/or related to the
exploration or production o[same.
As used herein, the 1orn) "mdocru|a" abu1 include oil, gas and all ouuooio1od
hydrocarbons, and shall exclude (i) all uobatamcca oil, gas and all associated
hydrocarbons) that any rcueouuh)c cxLcusdon, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy
the aoclaco of the Property; and (ii) all uubu<uncca (except oil and gas) v/biob are at or
near the surface ofUbu Property. The iotccd of the parties hereto in that the cocuoiog of
the tenn `^coioeru|a" as utilized herein, oboU be in accordance with that oc1 forth in Reed v.
Wylie, 5978.V/.2d743(Tnx. 1980).
As used herein, the term "surface o[the Property" shall include the area0orn the
oor±aoc of the earth to mdcn1h of five buodzcJ l*ec( (500`) below the murOaou of the earth
and all areas above the surface of the earth.
ARTICLE 11
PURCHASE PRICE AND EARNEST MONEY
2.01 Purchase Price. The Purchase Price tobo paid to Seller for the Property is the
sum o[ ONE HUNDRED SEVENTY-IYVOTH0USAN0 SEVEN HUNDRED ONE and
No/ 100 Dollars ($172,70 1.00) (the "Purchase Price").
2,02 Earnest Money. Buyer shall deposit the sum nf One Thousand and No/100
Dollars /�i 00O�m\ uoCurncsJ so ouUod)vvdhlide Resources, IJ,<�, 525
`_ , ', -__'' (herein '
South Loop 288, Sodc 125, Denton, Texas, 76205, (the "Title Cn 1, as escrow
agent, within fourteen (14) calendar days of the Effective Date hereof. All interest earned
thereon shall become part of the Earnest Money and shall be applied or disposed of in the
aunie manner axthe original Earnest Money deposit, au provided iuthis CouLruoL |fthc
purchase contemplated hereunder is conyoounoo1cJ in accordance with the tuuny and the
provisions bccco[ the llacncsi Money, together with all interest co,nud thereon, ehmJ\ be
applied to the Purchase Price a1Closing. In all other events, the Earnest Mnucy' and the
interest accrued thereon, obu|| be disposed of by the Iidc Company as provided in this
Contract.
2.03 Independent Contract Consideration. Within fourteen (14) calendar days after
the Effective Date, Buyer shall deliver to the Title Company, payable to and for the
o
boncOh of Seller, u check in the amount of One Hundred and Y�o/|00 Dollars ($|O0. o )
(the '1udopeodeu1 Contract Consideration"), which amount the parties bcn:by
acknowledge and agree has been bargainedfor and agreed to as consideration for Seller's
Contract ofSale
execution and delivery of the Contract. The Independent Contract Consideration is in
addition 1o, and independent of any other consideration or puyzood provided in this
Contract, is uou-rc[boduh|c, and abui be retained by Scl|cc notwithstanding any other
provision ofddaContract.
ARTICLE III
'TITLE AND SURVEY
3.0 1 Title Commitment.
bd Within twenty (2O) calendar days at-ter the Effective Date, Seller shall cause tobo
burnished to Buyer o current Commitment for Title Insurance (te "Title
Commitment") for the Property, issued by Title Company. The Title
[oozmdmcn| mbaL mc1 fbdb the state of title 10 the Property, including u list of
liens, mortgages, security in1onca\s, encumbrances, pledges, assignments, claims,
charges, |umaca (surface, space, mineral, or otherwise), conditions, zcobictinoo'
options, severed mineral or royalty interests, conditional sales contracts, dgtdu of
first refusal, restrictive covenants, exceptions, coeerocnix (temporary or
permanent), rights-of-way, encroachments, or any ndbcr outstanding claims,
interests, cm&Aus or equities of any nukzrc (each of which are referred to herein as
an "Exception").
8d Along with the Title Commitment, Seller shall also cause tobcdelivered to
Buyer, at l}oycz`a sn|o cog and expense, true and correct copies of all inotnuo`oui
that ozco1c or evidence Ilxccninux (the ^^2zucptiooL)ooumcoi "), including \boao
described in the Title Cominitment as exceptions to which the conveyance will be
subject and/or which are required to be zc|coued or cured a1oz prior to Closing.
3.02 Survey. Within thirty (30) uukxndoz Juva after the B|Ieuivo [)oie, Seller abuD
cause to be prepared at Buyer's expense, o unnou( on the ground survey of the Property
(the "Survey"). The contents of the Survey shall hc prepared bru surveyor selected hy
Buyer and ahoU include the ruaVcrn prescribed by Buyer, which may include but not ho
|icniicd to, u depiction of(bc location of all roads, streets, cuaenncn(a and rights of way,
hutb on and adjoining the Property, vva1or cooraco` lOO your flood plain, tenocu and
improvements and structures of any kind. The Survey ehoU describe the size of the
Property, in acres, and contain o onc{cm and bounds description 1borco[ Seller mhnU
furnish ur cause to be furnished any affidavits, ccdiOnu1oo, uaoora000u` and/or resolutions
as required by the Title Company in order k` amend the survey exception as required by
Suudou 3.05 below. The description of the Property as set forth in the Survey, at the
Buyer's election, shall bc used io describe the Property iuthe deed io convey the Property
to Buyer and ybn)| be the description set forth io the Title Policy.
3.03 Review o['Title Commitment, Survey and Exception Documents. Buyer shall
have u period o[ fifteen (]5) calendar days (the "Title Review Poinc[`> commencing with
the day Buyer receives the last of the Title Commitment, the Survey, and the Exception
Documents, in vvbioh to give written notice to Seller, specifying Buyer's objections to
Contract nfSale
Page 3 of 23
one or more of the items ("Objections"), if any. All items set forth in the Schedule C of
the Title Commitment, and all other items set forth in the 'Title Commitment which are
required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be
Objections without any action by Buyer.
3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall,
within twenty (20) calendar days after Seller is provided notice of Objections, either
satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in
writing of the Objections that Seller cannot or will not satisfy at Seller's expense,
Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure
those Objections or I'Aceptions that have been voluntarily placed on or against the
Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any
Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day
period, and if Buyer does not agree in writing to an extension of that period, said
extension to not exceed an additional thirty (30) calendar clays, then Buyer has the option
of either:
(a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller
prior to Closing, in which event those Objections shall become Permitted
Exceptions (herein so called), or
(b) terminating this Contract by notice in writing prior to Closing and receiving back
the Earnest Money, in which latter event Seller and Buyer shall have no further
obligations, one to the other, with respect to the subject matter of this Contract.
3.04.A. Additional Title Commitment. Due to the fact that the effective period
of the 'Title Commitment shall expire prior to Closing, Seller shall cause to be furnished
to Buyer, no earlier than ninety one (91) calendar days after the Effective Date and no
later than one hundred ten (110) calendar days after the Effective Date, a Title
Commitment ("Updated Commitment"), in the form of the Title Commitment prescribed
by Section 3.01, above. Buyer shall have fifteen (15) calendar days to review and
provide Objections, if any, to the items in the Updated Commitment in the same manner
as prescribed by Section 3.03 related to the Title Commitment. All time periods related
to review and Cure of the Objections, waiver of uncured Objections and termination of
this Contract, as set forth in Article 111, above, shall be applicable to the Objections by
Buyer to the Updated Commitment, if any, and Closing shall be so extended to
accommodate such review and cure period.
3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a
standard Texas Owner's Policy of 'Title Insurance ("Title Policy") to be furnished to
Buyer. The Title Policy shall be issued by the Title Company, in the amount of the
Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property,
subject only to the Permitted Exceptions. The Title Policy may contain only the
Permitted Exceptions and shall contain no other exceptions to title, with tile standard
printed or common exceptions amended or deleted as follows:
Contract of Sale
Page 4 of 23
bu survey exception must be ozncudm] if required by Buyer to read "shortages in
area" only Schedule C of the ]]Uc Cmnocoibnco1 may condition
amendment oo the presentation ofao acceptable survey and payment, k`beborne
solely by Buyer, o[ooy required additional preruiom);
(b) no exception will be permitted for "visible and apparent cuuconootm" or vvondo to
that effect (although rcD:roouc may be made to any specific caoczuuu< or use
shown ou the Survey, ifu Permitted Exoepiioo);
(u) on exception will be permitted for "rights of parties iupoamcssion";
(d) on liens will b* shown on Schedule A.
Notwithstanding the enumeration of the following exceptions, amendments and/or
deletions, Buyer may object to any Exception it deems material, in its sole discretion.
ARTICLE IV
FEASIBILITY REVIEW PERIOD
4.01 Review Period. Any 1czoz or provision of this Contract notwith standing, the
obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having
Je1cuniuod, in Buyer's yo\u and absolute discretion, during the period commencing with
the Effective [}u10 of this (,oubuoi and ending sixty (60) calendar days (hcruuUcr (Ubc
"Absolute Review Period"), based on such tests, examinations, studies, investigations and
ioayocduny of the Property the Buyer docoua oeocaaury or desirable, including but not
limited to studies nr inspections tu determine the existence ormny environmental hazards
or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for
Buyer's purposes. Buyer is granted the right to uuudoo1 engineering o1odico of the
Property, and to 000doui apbyaicul inspection uf the Property, including inspections that
invade the uno[aoc and subsurface of the Property. If Buyer dcieznoiocs, in its uo|c
judgment, that the Property is not uubahic, for any reason, for Buyer's intended use or
purpose, the Buyer may terminate this Contract by written notice {nthe Seller, as soon as
reasonably practicable, but in any ovuu1 pdnc 10 the expiration of the Absolute Kcvic"/
Period, io which case the Earnest Money will bc returned 10 Buyer, and neither Buyer nor
Seller shall have any further duties oz obligations hereunder. lu the event Buyer elects to
terminate this Contract pursuant to the terms of" this Article IV, Section 4.01, Buyer will
providcioSoUcroopiceo[(i)unyuoduU000-000Odcobu|ondnoo-pzivdogcdrcpodeood
studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey.
ARTICLE
REPRESENTATIONS, WARRANTIES, COVENANTS AND
AGREEMENTS
5.01 Representations and Warranties of Seller. To induce Buyer to enter into this
Contract and consummate the sale and purchase of the Property in accordance with the
terms and provisions borcvvdb` Seller represents and warrants to Buyer as of the Effective
CootracofSale
Page 5of29
Date and as of the Closing Date, except where specific reference is made to another date,
that:
(a) The descriptive information concerning the Property set forth in this Contract is
complete, accurate, true and correct.
(b) There are no adverse or other parties in possession of the Property or any part
thereof, and no party has been granted any license, lease or other right related to
the use or possession of the Property, or any part thereof, except those described
in the Leases, as defined in Article V, Section 5.02(a).
(c) The Seller has good and marketable fee simple title to the Property, subject only
to the Permitted Exceptions.
(d) The Seller has the full right, power, and authority to sell and convey the Property
as provided in this Contract and to carry out Seller's obligations hereunder.
(c) The Seller has not received notice of, and has no other knowledge or information
of, any pending or threatened judicial or administrative action, or any action
pending or threatened by adjacent landowners or other persons against or
affecting the Property,
(f) The Seller has disclosed to Buyer in writing of any and all facts and
circumstances relating to the physical condition of the Property that may
materially and adversely affect the Property and operation or intended operation
thereof, or any portion thereof-, of which Seller has knowledge.
(g) The Seller has paid all real estate and personal property taxes, assessments,
excises, and levies that are presently due, if any, which are against or are related
to the Property, or will be due as of the Closing, and the Property will be subject
to no such liens.
(h) The Seller shall convey the Property free and clear of all debts, liens and
encumbrances.
(i) Seller has not contracted or entered into any agreement with any real estate
broker, agent, finder, or any other party in connection with this transaction or
taken any action which would result in any real estate broker commissions or
finder's fee or other fees payable to any other party with respect to the
transactions contemplated by this Contract.
(j) To the best of Seller's knowledge, there has not occurred the disposal or release
of any Hazardous Substance to, on or froth the Property.
As used in this Contract, "Hazardous Substance" means and includes all
hazardous and toxic substances, waste or materials, chemicals, and any pollutant
Contract of Sale
Page 6 of 23
or contaminant, including without limitation, PCB's, asbestos, asbestos-
containing material, petroleum products and raw materials, that are included
under or regulated by any Environmental Law or that would or [nay pose a health,
safety or environmental hazard.
As used in this Contract, "Environmental Law" means and includes all federal,
state, and local statutes, ordinances, regulations and rules presently in force or
hereafter enacted relating to environmental quality, contamination, and clean-up
of Hazardous Substances, including without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et
seq.), as amended by the Superfund Amendments and Reauthorization Act of
1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as
amended, Toxic Substance Control Act, 15 U.S.C. 2601, et seq., and state
sLiperlien and environmental clean-up statutes and all rules and regulations
presently or hereafter promulgated under or related to said statutes, as amended.
(k) All Leases, as defined in Article V, Section 5.02(a), shall have expired or
otherwise terminated and any and all tenants or parties occupying the Property
pursuant to the Leases shall have permanently abandoned and vacated the
Property on or before the date of Closing.
(1) The Seller is not a "foreign person" as defined in Section 1.445 of the Internal
Revenue Code of 1986, as amended.
5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer
as follows:
(a) Unless stated otherwise, within ten (10) calendar days after the Effective Date,
Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the
Property, true, correct, and complete copies of the following:
(i) All lease agreements and/or occupancy agreements and/or licenses of any
kind or nature (if oral, Seller shall provide to Buyer in writing all material
terms thereof) relating to the possession of the Property, or any part
thereof, including any and all modifications, supplements, and
amendments thereto (the "Leases").
(ii) All environmental audits, soil tests and engineering and feasibility reports,
including any and all modifications, supplements and amendments thereto,
with respect to the Property that Seller possesses or has the right to
receive.
(b) From the Effective Date until the date of Closing or earlier termination of this
Contract, Seller shall:
(i) Not enter into any written or oral contract, lease, easement or right of way
Contract of Sale
Page 7 of 23
agreement, conveyance or any other agreement of any kind with respect
to, or affecting, the Property that will not be fully performed on or before
the Closing or would be binding on Buyer or the Property after the date of
Closing.
(ii) Advise the Buyer promptly of any litigation, arbitration, or administrative
hearing concerning or affecting the Property.
(iii) Not take, or omit to take, any action that would result in a violation of the
representations, warranties, covenants, and agreements of Seller.
(iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or
to the Property, or create, grant or permit to be attached or perfected, any
lien, encumbrance, or charge thereon.
(e) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law,
from all loss, liability, and expense, including, without limitation, reasonable
attorneys' fees, arising or incurred as a result of any liens or claims resulting from
labor or materials furnished to the Property under any written or oral contracts
arising or entered into prior to Closing.
5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in
this Contract, the representations, warranties, covenants and agreements of Seller
contained in this Contract shall survive the Closing, and shall not, in any circumstance,
be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a).
ARTICLE VI
CONDITIONS PRECEDENT TO PERFORMANCE
6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under
this Contract unless, within the designated time periods, all of the following shall have
occurred:
(a) Seller has performed, furnished, or caused to be furnished to Buyer all items
required to be so performed or furnished under other sections of this Contract; and
(b) Seller cures or Buyer waives in writing, within the time periods specified in
Article 111, all of Buyer's objections made in accordance with Article 111.
6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements.
Buyer is not obligated to perform under this Contract unless all representations,
warranties, covenants and agreements of Seller contained in this Contract are true and
correct or have been performed, as applicable, as of the Closing Date, except where
specific reference is made to another date.
6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the
Conti-act of Sale
Page 8 of 23
date of Closing, any portion o[ the Property has been condemned byuo entity other than
Buyer, or is the subject of condemnation, erniocn| domain, or other material proceeding
initiated by an entity other than Buyer, or the Property, or any part thereof, has been
materially or adversely impaired io any manner.
6.04 Review Period. Buyer is not obligated to perform under this Contract if Boyer
delivers notice to Seller pursuant Lo Article IV, Section 4.81 that Buyer has dotczuducd
that the Property is unsuitable to or for Buyer's purposes.
6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything
contained in this Contract 10 the contrary, Buyer nzuy` at Buyer's option, elect to p/nvc
any of' the onndbh000 precedent to the performance of Buyer's obligations under this
Contract by giving (othe Seller, u1 any time prior to Closing, u written waiver specifying
the waived condition precedent.
6.86 Buyer's Termination if Conditions Precedent Not Satisfied orWaived. If any
ofthe conditions precedent to the performance of Buyer's obligations under this Contract
have not been satisfied by Seller or waived bythe Buyer, the Buyer may, by giving
written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest
Money shall be immediately returned to Buyer by the Title Company. 'The Seller oho|L
nu written request from Buyer, promptly issue the instructions necessary \o instruct the
Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise
provided in this Contract, I\uycz and Seller shall have no further obligations uodor this
Contract, one to the other.
ARTICLE V11
CLOSING
7.01 Date and Place ofClosing, The Closing ao called) shall take place iuthe
offices of the Title Company and shall be accomplished through an escrow to be
established with the 'Title Company, as emcrowee. The Closing Date (herein sometimes
ou||cd), shall be one hundred and eighty (100) calendar days after the Effective Date,
unless otherwise mutually ugzcod upon by Buyer and Seller.
7.02 Items ioho Delivered mt the
bd �� ��(�0oi Seller shall `, -_�, '
the Title Company, at the expense nf the party designated herein, the following
(i) The Title Policy, in the lorm specified in Article 111, Section 3.05;
(ii) 'The Special Warranty 0eedaobatantiailybnUe form uo attached hereto as
Exhibit '^0", subject only to the Permitted Exceptions, if ooy` 6ok/
executed by Seller and acknowledged;
Contract of Sale
Page 9 of 23
(iii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
(b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the
following items:
(i) The SUrn required by Article 11, Section 2.01, less the Earnest Money and
interest carried. thereon, in the form of a check or cashier's check or other
immediately available funds;
(ii) Other items reasonably requested by the Title Company as administrative
requirements for consurnmating the Closing.
7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in
this Contract and without limiting the general application of the provisions of Section
5.03, above, the provisions of this Article V11, Section 7.03 shall survive the Closing.
The following item shall be adjusted or prorated between Seller and Buyer with respect to
the Property:
(a) Ad valorem taxes relating to the Property for the calendar year in which the
Closing shall occur shall be prorated between Seller and Buyer as of the Closing
Date. If the actual amount of taxes for the calendar year in which the Closing
shall occur is not known as of the Closing Date, the proration at Closing shall be
based on the amount of taxes due and payable with respect to the Property for the
preceding calendar year. As soon as the amount of taxes levied against the
Property for the calendar year in which Closing shall occur is known, Seller and
Buyer shall readjust in cash the amount of taxes to be paid by each party with the
result that Seller shall pay for those taxes attributable to the period of time prior to
the Closing Date (including, but not limited to, subsequent assessments for prior
years due to change of land usage or ownership occurring prior to the date of
Closing) and Buyer shall pay for those taxes attributable to the period of time
commencing with the Closing Date.
7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at
Closing.
7.05 Costs of Closing. Each party is responsible for paying the legal fees of its
counsel, in negotiating, preparing, and closing the transaction contemplated by this
Contract. Seller is responsible for paying fees, costs and expenses identified herein as
being the responsibility of Seller. Buyer is responsible for paying fees, costs and
expenses identified herein as being the responsibility of Buyer. If the responsibility for
such costs or expenses associated with closing the transaction contemplated by this
Contract are not identified herein, such costs or expenses shall be allocated between the
parties in the customary manner for closings of real property similar to the Property in
Denton County, Texas.
Contract of Sale
Page 10 of 23
ARTICLE Vill
DEFAULTS AND REMEDIES
8.01 Seller's Defaults and Buyer's Remedies.
(a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any
one or more of the following events:
Any of Seller's warranties or representations contained in this Contract are
untrue on the Closing Date; or
(ii) Seller fails to meet, comply with or perform any covenant, agreement,
condition precedent or obligation on Seller's part required within the time
limits and in the manner required in this Contract; or
(ill) Seller fails to deliver at Closing, the items specified in Article VII,
Section 7.02(a) of this Contract for any reason other than a default by
Buyer or termination of this Contract by Buyer pursuant to the terms
hereof prior to Closing.
(b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's
sole and exclusive remedies for the default, may, at Buyer's sole option, do any of
the following:
(i) Terminate this Contract by written notice delivered to Seller in which
event the Buyer shall be entitled to a return of the Earnest Money, and
Seller shall, promptly on written request from Buyer, execute and deliver
any documents necessary to cause the Title Company to return to Buyer
the Earnest Money;
(ii) Enforce specific performance of this Contract against Seller, requiring
Seller to convey the Property to Buyer subject to no liens, encumbrances,
exceptions, and conditions other than those shown on the 'title
Commitment, whereupon Buyer shall waive title objections, if any, and
accept such title without reduction in Purchase Price on account of title
defects and shall be entitled to assert any rights for damages based on
Seller's representations, warranties and obligations that are not waived by
Buyer by its acceptance of Seller's title; and
(iii) Seek other recourse or relief as may be available to Buyer at or by law,
equity, contract or otherwise.
8.02 Buyer's Default and Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver
at Closing, the items specified in Article V11, Section 7.02(b) of this Contract for
Contract of Sale
Page 11 of 23
any reason other than a default by Seller under this Contract or termination of this
Contract by Buyer pursuant to the terms hereof prior to Closing.
(b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's
sole and exclusive remedies for the default, may, at Seller's sole option, do either
one of the following:
(i) Terminate this Contract by written notice delivered to Buyer in which
event the Seller shall be entitled to a return of the Earnest Money, and
Buyer shall, promptly on written request from Seller, execute and deliver
any documents necessary to cause the Title Company to return to Seller
the Earnest Money; or
(ii) Enforce specific performance of this Contract against Buyer.
ARTICLE IX
MISCELLANEOUS
9.01 Notice. All notices, demands, requests, and other communications required
hereunder shall be in writing, delivered, unless expressly provided otherwise in this
Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be
deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by
telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt
requested, postage prepaid, addressed as follows:
SELLER:
North Locust Properties, L.L.C.,
a "Texas limited liability
Telecopy
Copies to:
For Seller:
'Telecopy:
BUYER:
City of'Denton.
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
Ivor BuyLer.
Scott W. Hickey, Attorney at Law
Kelsey, Kelsey & Hickey, PLLC
P.O. Box 918
Denton, Texas 76202
Telecopy: (940) 387-9553
Contract of Sale
Page 12 of 23
9.0 Governing Law and Venue. This Contract iubeing executed and delivered and
im intended iobc performed bode State of Texas, the laws of Texas the
validity, onoabno1mu, enforcement and interpretation of this Contract. THIS
CONTRACT IS9EK[ORM/\B[E IN, AND THE BXCUUSl\/B VENUE FOR ANY
/\CIi0N BROUGHT VV|TU llE8yBCI HERETO, 8OAL[ [[B IN I)BNTON
COUNTY, TEXAS.
9,03 Entirety and /kcmendnomutm. This Contract conhodica the entire ngrcerneu1
bcLvvuco the pudica and oopersodco all prior agrouoncn\o and understandings, if any,
related 1othe Property, and may bcamended or supplemented only in writing executed
by the party against whom enforcement iosought.
9.04 Parties Bound. This Contract imbinding upon and inures to the benefit nFSeller
and Buyer, and their respective successors and ooniguy. If requested by Buyer, Soi|cr
agrees to execute, uukoov/|cdgc and record u ouenumrandnru o[dhia Contract in the RcuJ
Property Records of Denton County, Icxue, imparting notice of this Contract 1n the
public.
9.05 B5mk of Loss. 11' any durnauc or doa1nzu|ou to the Property shall occur prior to
Closing, or if any condemnation or any cnuiocnt domain proceedings are 16zcm1coed or
initiated by an entity or party other than Boyer that might result in the taking of any
portion of the Property, Buyer may, at Buyer's option, do any of the following:
(o) Iorooiuo1c this Contract arid withdraw from this irauxuo1iuu vvidbuu1 cost,
obligation or liability, in which case the Barocui Money shall be icooucdio1e|y
returned to Buyer; or
(b) Cooaunnrna(o this Contract, in which uone 0oYcr, with respect 10 the Property,
sbuU be entitled to receive any {i) in the ouoc of damage or dcotnuoduo, all
insurance proceeds; and (ii) in the case ofcouiucn1 domain, proceeds paid for the
Property related to the eminent domain proceedings.
l}oycz shall have u period of up to ten (1O) calendar Jonm after receipt of written
notification from Seller on the final settlement of all condemnation proceedings or
insurance c|alnou related to dmnuoo or destruction of any iulpcnvcrnoo1 located on
the Property, in which tu rnukc Buyer's election. In the event Buyer elects to
close prior \* such final aoniccocnt, then the Closing nbaJ) take place as provided
in Article VIL above, and there shall be assigned by Seller to Buyer at Closing all
interests of Seller in and to any and all ioouzouoc proceeds or condemnation
awards which may be payable to So||cr on account of such cvuuL In the cvuo\
Buyer u|oc\s 10 o|oac upon this Contract after 6nuJ aed|ccncru, as described above,
Closing shall bcheld five (5) business days after such final settlement.
9.06 Further Assurances. In oJJibuo 10 the acts and deeds recited in this Contract
CnnuamofSale
Page 13 *f2J
and contemplated to be performed, executed and/or delivered hv Seller and Buyer, 8cUcr
and Buyer agree 1operform, cxccn1c and/or deliver, o, cause to be performed, excou&zj
and/or do|b/crod at the Closing or uUcr the Closing, any further deeds, acts, and
uamocuocco as are n:u000ab|y occuxmozy to conmuo)ouu|c the bonuoodnno contemplated
hereby. Notwithstanding anything to the contrary contained in this Contract and without
limiting the general application of the provisions of Section 5.03, above, the provisions
o[ this Article IX, Section 9.06 abuU survive Closing.
0.07 Time imof the Essence. his expressly agreed between Buyer and Seller that time
is of(bu essence with respect 10 this Contract.
9,08 Exhibits. The Exhibits which are referenced in, and attached tu this Contract, are
incorporated in and made opod of, this Contract for all purposes.
9.09 Delegation ofAuthority. Authority io take any actions that are to be, or may be,
taken by Buyer under this Contract, including without limitation, adjjustment ofthe
Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of
Denton, Texas, to Frank Payne, P.E., City Engineer of Buyer, or his designee.
9.10 Contract VIsecmduu. This Contract of Su|o may be executed in any number of
counterparts, all of which taken together shall constitute one and the same agreement, and
any ofthe pat-ties hereto may execute this Agreement by signing any such counterpart.
9.11 Bowiuxmm Days. If the Closing [)ale or the Joy of performance required or
permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then
the Closing 0n1e or the du1c of such perfhnuaooc, as the cuao may be, abuJl be the next
following regular business day.
9,12 Relocation. }Lc|ouu1inn advisory services and relocation Douociu| assistance, if
applicable pursuant 10 Ordinance No. 2012-073 (the '"l<c|oun1ion 0rdioonoc"), uhu|| be
administered as provided by the Relocation Ordinance, aside and upod from the
transaction contemplated bythis [ootruuL
SELLER:
North Locust Properties, [.[.C.,
aToxua limited liability company
By:
Capacity:
Executed by Seller on the _ ...... ____day of 2013.
Contract of Sale
Page 14 of'23
BUYER:
By:
GEORGE C. CAMPBELL, CITY MANAGER
E'xecuted by Buyer on the day of 2013.
ATTEST:
JENNIF'ER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
scoTT W. HICKEY, Kl-,.'I..,SEY,.Kl-,.'I.,SEY & HICKEY, PLLC
m
Contract of Sale
Page 1 5 of 23
RECEIPT OF AG0E0MENT0YTITLE COMPANY
By its execution below, Title Company acknowledges receipt of an executed copy
of this Contract. Title Company agrees to comply with and be bound by, the terms and
provisions o[this Contract and b` perform its duties pursuant (o the provisions of this
Contract and comply with Section 6045(c) of the 1nicroul Revenue Code of 1906, as
amended from time to booc, and as farther aol forth in any rogo|u1ioua or fbona
promulgated thereunder.
TITLE' COMPANY:
Title Resources, LLC
525 South Loop 288, Suite l25
Denton, Texas 762O5
Telephone: (940)SDl-lOO8
Te|Coopy:(94O)848-Ol2l
By:
Printed Name:
Title:
Contract receipt date: 20 13
ContmctofSale
Page 16 of 23
Exhibit "A" Page I
LEGAL DESCRIPTION
BEING a2.493 acre tract of land aihuebad in the T. Toby Survey, Abstract No. 1288, Denton Cnunty,
Texas, and being part of a called 11.46 acre tract of land described in a Deed to North Locust Properties,
LLC., as recorded in Document No. 2010-52041 of the Real Property Records of Denton County. Texas,
and being more particularly described aafollows:
BEGINNING at a 1/2 inch iron rod found for corner at an interior ell corner of the above cited 11.46 acre
tmo(, said point being the Northwest corner ofa called 3.375 acre tract ofland described in o Deed to the
City of Denhon. Texao, as recorded in Volume 732, Page 972 of the Deed Records of Denton County.
Texos, said point also being at on angle point in the East line of Block C. per the Final Plat of Lo
Hacienda Heights, Phase |, as recorded in Cabinet W, Page GGG of the Plat Records of Denton County,
Texas,
THENCE North 00~10'49" East (North 00°25'25^ East per said P|sd recorded in Cabinet W, Page 660),
along the East line of said Block C of La Hacienda Heights, Phase i for distance of 359.78 feet (359.82
feet per said Plat recorded in Cabinet W, Page GOM) to o 50 inch iron rod with cop stamped ^TNP^ set for
corner in o non-tangent curve to the right in the South line ofBeall Street, (variable width right-of-way per
said Plat recorded in Cabinet W, Page SGG);
THENCE in on Eombar|y direution, along the South line of said Beall Streat, and along said non-tangent
curve to the right having o central angle of 02"31'51'', a radius of 387.50 feet, a chord bearing of North
88°47'53^ Eoat, a chord distance of 17.12 feet and an arc length of 17.12 feet to a 5/8 inch iron rod with
cap stamped ''TNP'' set for corner;
THENCE South 89°49'40^ East (South 80"34'35^ East per said Plat recorded in Cabinet W, Page 666).
continuing along the South line of said Beall Stnaet, for distance of 245.83 feet (245.82 feet per said Plat
recorded in Cabinet W, Page SGG) to u 5/8 inch iron rod with cap stamped ^TNP^ set for uorner�
THENCE South 44"17'24" East (South 44°03'41^ East per said Plat recorded in Cabinet W, Page 666).
continuing along the South line of said Beall Stnaet, fora distance of 28.07 feet (28.02 feet per said Plat
recorded in Cabinet W, Page SGG) to an ''X^ out in a concrete drainage structure set for corner;
THENCE South 88~42'1G" East (South O8°32'46" East per said Plat recorded in Cabinet W, Page SGG)
continuing along the South line of said Beall Stnaet, for a distance of 23.34 feet (23.37 feet per said Plat
recorded in Cabinet W, Page 668) to an ^X^ out in a concrete drainage structure set for corner in the West
line of North Locust Street (F.M. 2164 - 90' right-of-way per Volume 400, Page 13 of the Deed Records of
Denton County. Texas), from which the calculated Northeast corner of said 11.46 acre tract bears North
01011'10^ East adistance of 72.32',
THENCE South 0101110^ VVea (South 01°14'40^ East per said Deed recorded in Document No.
2O1O'52O41). along the West line of said North Locust Street (F.N1. 21S4). for o distance of34O2Q feet to
a 50 inch iron rod with cap stamped ^TNP^ set for corner atthe most Easterly Southeast corner nfsaid
11.46 acre tract, said point also being the Northeast corner of the above cited 3.375 acre tract;
THENCE North 89"43'25^ West (North 89°41'09^ West per said Deed recorded in Document No.
2010-52041) departing the West line of said North Locust Street (F.W1 2184) and along the South line of
said 11.46 acre tract and the North line of said 3.375 acre tract, for a distance of 299.97 feet (299.97 feet
per said Deed recorded in Document No. 2010-52041) to the POINT OF BEG|NN|NG, and containing
2,493 oonea of land, more orless.
Contract of Sale
Page 17 of 23
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Page 18 of 23
EXHIBIT "B"
to
Contract of Sale
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS
That North Locust Properties, L.L.C., a Texas limited liability company (herein
called "Grantor"), for and in consideration of the suin of TEN AND NO/] 00 DOLLARS
($10.00), and other good and valuable consideration to Grantor in hand paid by the City
of Denton, Texas, a Texas Home Rule Municipal Corporation (herein called "Grantee"),
215 F'. McKinney, Denton, Texas 76201, the receipt and sufficiency ot'which are hereby
acknowledged and confessed, subject to the reservations set forth below, has GRANTED,
SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY,
unto Grantee all the real property in Denton County, Texas being particularly described
and depleted on Exhibit "A", attached hereto and made a part hereof for all purposes, and
being located in Denton County, Texas, together with any and all rights or interests of
Grantor in and to adjacent streets, alleys and rights of way and together with all and
singular the improvements and fixtures thereon and all other rights and appurtenances
thereto (collectively, the "Property")
Grantor, subject to the limitation of such reservation made herein, reserves, for
itself', its successors and assigns all oil, gas and other minerals in, on and under and that
may be produced from the Property. Grantor, its successors and assigns shall not have
Contract of Sale
Page 19 of 23
the right to use or moocua the surface of" the Property, in any way, manner or tbzuz in
connection with or related to the reserved oil, guu` and other minerals and/or related to
exploration and/or production of the oil, gas and other minerals reserved herein, including
without limitation, use or access of the surface of the Property for the location of any well
or drill sites, well bores, whether vertical or any deviation from vodioo|, water w/cUy' ph
urcus` sciaouio activities, 1uoka or tank hnUczicn, pipu|iooa` roads, electricity or other
utility infrastructure, and/or for subjacent or \ctcca| support for any surface Cnci|idca or
well bores, or any other infrastructure or improvement n[any kind ortype in connection
with or related to the reserved oil, gum and other roiucru|a, and/or /c|a1od 10 the
exploration or production of same.
As used herein, the term ^^ndocru\u" shall bnohzdu nil, gas and all associated
hydrocarbons, and shall exclude (i) all xobabancco (except oil, gas and all associated
hydrocarbons) that any ccoaonah|c extraction, mining or other exploration and/or
production method, oyuzcAiou, process or procedure vvoo|d consume, deplete or destroy
the surface n[ the Property; and (ii) all oube1uucom (except oil and gas) vvbicb arc at or
near the enzbauc of the Property. The intent of the Pudiva hereto is that the meaning of
the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v.
Wylie, 5978.YJ.2d743 ([ex. 1980).
As used herein, the term "surface of the ` sbuU include the area from the
surface of the earth to a depth of five hundred feet (500') below the surface of the earth
and all areas above the surface ofthe earth.
This conveyance is subject to thefollowing:
(All of those Exceptions from Coverage found on Schedule 0 of the
Owners TidcPolicy to which referenced is hereby made for all purposes
and incorporated by reference oaie fully set forth herein]
TO HAVE AND lV HOLD the Property, together with all and singular the rights
and appurtenances thereto io anywise belonging unto Grantee and {|ruotee`a successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's aucocmuoro and
Contract of Sale
Page 2Oof23
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to clairn the same or any part thereof when the claim is by, through, or under
Grantor but not otherwise.
EXECUTED the - day of
GRANTOR:
North Locust Properties, L.L.C.,
aTexas limited liability company
By: __ _
Capacity:
State ol"Texas §
County Of §
2013
This instrument was acknowledged before me on this day of
2013, by as
of North Locust Properties, L.L.C., a Texas limited
liability company on behalf of the said company and in the capacity therein stated.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901 -A Texas Street
Denton, TX 76209
Notary Public, State of
My Commission Expires:
Contract of Sale
Page 21 of 23
Send Tax Billing Statements To:
The City of Denton
Attn: Finance Department
215 East McKinney Street
Denton, Texas 76201
Exhibit "/\" Page l
LEGAL DESCRIPTION
BEING o2.4Q3 acre tract of land situated in the T. Toby Survey, Abstract No. 1288, Denton County,
Texas, and being part of a called 11.46 acre tract of land described in a Deed to North Locust Properties,
LLC., as recorded in Document No. 2010'52041 of the Real Property Records of Denton County. Texas,
and being more particularly described eofollows:
BEGINNING at a 1/2 inch iron rod found for corner at an interior ell corner of the above cited 11.46 acre
tract, said point being the Northwest corner ofa called 3.375 acre tract ofland described in a Dead to the
City of Denton. Texos, as recorded in Volume 732, Page 972 of the Deed Records of Denton Counh/.
Texam, said point also being at an angle point in the East line of Block C. per the Final Plat of La
Hacienda Heights, Phase |, as recorded in Cabinet W, Page GSG of the Plat Records of Denton County,
Texan;
THENCE North 00~10'49" East (North 00^25'25" East per said Plat recorded in Cabinet W, Page 668).
along the East line of said Block C of La Hacienda Heights, Phase |, fora distance of 359.78 feat (369.82
feet per said Plat recorded in Cabinet W, Page 666) to o 5/8 inch iron rod with map stamped ''TNP" set for
corner in a non-tangent curve to the right in the South line of Beall Street, (variable width right-of-way per
said Plat recorded in Cabinet W, Page GGS);
THENCE in an Easterly dineodon, along the South line of said Beall Sbned, and along said non-tangent
curve to the right having o central angle of 02'31'51", a radius of387.5O feat, e chord bearing of North
88047'63^ Eost, o chord distance of 17.12 feet and on arc length of 17.12 feet to a BO inch iron nod with
cap stamped ^TNP^ set for corner;
THENCE South 89"49'40' East (South 89"34'35' East per said Plat recorded in Cabinet W, Page 666).
continuing along the South line ofsaid Beall Streed, fora distance of 245.83 feet (245 82 feet per said P|sd
recorded in Cabinet W, Page GGG) to a 5/8 inch iron rod with cop stamped ''TNP" set for corner;
THENCE South 44"17'24^ East (South 44"O3'41" East per said Plat recorded in Cabinet W, Page SGG),
continuing along the South line of said Beall Stmat, for distance of 28.07 feet (28.02 feet per said Plat
recorded in Cabinet W, Page 666) to an "X" cut in a concrete drainage structure set for corner;
THENCE South 88°42'1G" East (South 88"32'46" East per said Plat recorded in Cabinet W, Page SGS),
continuing along the South line of said Beall Street, for a distance of 23.34 feet (33.37 feet per said Plat
recorded in Cabinet VV' Page GSG)toan''X^ cut ine concrete drainage structure set for corner in the VVeat line uf North Locust Street (F . 2164 - QO' right-of-way per Volume 400,
Page 13of the Deed Records of
Denton County. T*xas), from
which the calculated Northeast corner ofsaid 1146 acre tract bears North
O1"111O'' East o distance of72.32;
THENCE South 01,11'10" West (South 01"14'40" East per said Deed recorded in Document No.
2010-52041) along the VVestline of said North Locust Street (F.W1. 2164). fora distance of 340.29 feet to
a 5/8 inch iron rod with map stomped ^TNP^ set for com*r at the most Easterly Southeast corner ofsaid
11.46 acre '.saidpoint also being the Northeast corner of the above cited 3.375 acre tract;
THENCE North 88°43'25" West (North 89~41'09^ West per said Deed recorded in Document No.
2010-52041) departing the West line of said North Locust S�aet(F.[N. 2164). and along the South line of
said 1148 acre tract and the North line of said 3.375 acre tract, for e distance of2QQ.Q7 feet (2AQ.A7feet
per said Deed recorded in Document No. 2010-52041) to the POINT OF BEG|NN|NG, and containing
2.4B3 acres of land, more orless.
Contract of Sale
Page 22 of 23
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sAlegal \our documents\ miscellaneous \13 \aishlmuncprotunc. doe
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
November 5, 2013
Legal Department
Anita Burgess
Couna,e i'0 Ageinda J
SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas, nunc pro tunc,
correcting an inadvertent mistake in Ordinance No. 2004 -233 relating to the authority of the
Historic Landmark Commission, specifically its adoption of Section 35.7.6.10d of the Denton
Development Code; providing for a penalty in the maximum amount of $2,000.00 for violation
thereof, providing for severability, savings and supersedure; and providing for an effective date.
BACKGROUND: In 1980, the City Council passed and approved Ordinance No. 80 -30 which,
inter alia, adopted Section 35 -221d of the Denton Code setting forth procedures relating to
procedures for obtaining permits for properties pending designation as historic landmarks. In
2004, the City Council passed and approved Ordinance No. 2004 -233 adopting Section
35.7.6.10d of the Denton Development Code which purported to codify Section 35 -221 of the
Denton Code. No substantive change in the wording of Section 35 -221 was intended.
Unfortunately, there was an inadvertent mistake in the drafting of Ordinance No.2004 -233,
specifically that portion thereof adopting Section 35.7.6.10d, such that substantive changes in the
wording thereof did in fact occur resulting in the ordinance failing to conform to the information
provided to the City Council.
The proposed ordinance will correct, nunc pro tunc, this inadvertent error. Accordingly, please
see the attached proposed Ordinance for your consideration.
OPTIONS: Approve, deny or take no action concerning the proposed ordinance.
RECOMMENDATION: Staff recommends approval of this ordinance.
o%n M. Knight
Attachment: Ordinance
sAlegal \our documents \ordinances \13\nunc pro tunc.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, NUNC PRO TUNC, CORRECTING AN
INADVERTENT MISTAKE IN ORDINANCE NO. 2004-233 RELATING TO THE AUTHORITY
OF THE HISTORIC LANDMARK COMMISSION, SPECIFICALLY ITS ADOPTION OF
SECTION 35.7.6.1OD OF THE DENTON DEVELOPMENT CODE; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATION THEREOF;
PROVIDING FOR SEVERABILITY, SAVINGS AND SUPERSEDURE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on August 17, 2004, by Ordinance No. 2004 -233, the City Council approved the
adoption of Section 35.7.6.10d of the Denton Development Code; and
WHEREAS, there was an inadvertent mistake in the drafting of Ordinance No. 2004 -233
specifically Section 35.7.6.1 OD, as the ordinance failed to conform to the information provided to
City Council at the meeting when the ordinance was approved; and
WHEREAS, the City Council has the inherent power to retroactively correct such mistakes to
reflect the truth of what was actually approved by the City Council when approving the ordinance;
and
WHEREAS, the City Council finds that the action taken herein is in the public interest;
NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Ordinance No. 2004 -233 is hereby amended to the limited extent necessary to
correct an inadvertent mistake in the establishment of Section 35.7.6.101) of the Denton
Development Code, and as corrected, said Section 35.7.6.1 OD shall instead read as follows:
35.7.6.1 OD. Procedures for obtaining permits pending designation as historic landmark.
Notwithstanding any other provision of this article, no building permit, removal permit or
demolition permit shall be issued by the building official for any structure located in a
national register district except as authorized by this subsection. The building official shall
notify the landmark commission immediately of any application requesting a building permit,
removal permit or demolition permit for a structure located in a national register district. No
such permit shall be issued by the building official before the landmark commission has
made a recommendation or scheduled the structure on its agenda or before the expiration of
forty (40) calendar days, whichever is sooner. If a structure is made an agenda item it shall
be scheduled for a public hearing as soon as adjacent property owners are notified. For
purposes of this subsection, "national register district" is defined as a designated area
possessing a significant concentration, linkage or continuity of sites, building structures or
sAlegal \our documents \ordinances \13 \nunc pro tunc.doc
objects which are separated geographically but are linked by association or history, provided
that no area may be considered a national register district for purposes of this subsection
unless it has been designated in the Federal Register pursuant to the National Preservation
Act of 1966, as amended, prior to the effective date of the ordinance from which this section
is derived and until maps depicting such area are made available for inspection by the public
in the office of the building inspection department. Notwithstanding any provision hereof,
this section shall not apply to geographical areas designated as historic districts under the
provision of this article.
SECTION 3. All provisions of Ordinance No. 2004 -233 and the Denton Development Code
not specifically amended herein shall continue in force and effect; however, the provisions of this
ordinance shall govern and control over any conflicting provisions of Ordinance No. 2004 -233, to
the extent of any such conflict.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record - Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage and approval.
PASSED AND APPROVED this the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
all, �_� ,=
MARK A. BURROUGHS, MAYOR
PAGE 2
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
November 5, 2013
Materials Management
Bryan Langley � -A
Questions concerning this
acquisition may be directed
to Elton Brock at 349 -7133
Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal
Cooperative Purchasing Program Agreement with the University of North Texas Murphy Center
for Entrepreneurship under Section 791.001 of the State of Texas 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 5382 - Interlocal Agreement
with the University of North Texas Murphy Center for Entrepreneurship for Leadership
Development Training in the amount of $26,400).
FILE INFORMATION
This Agreement will allow the City of Denton to contract with the University of North Texas
Murphy Center for Entrepreneurship (UNT) to conduct a new training initiative known as the
Leadership Excellence and Enhancement Program (LEEP). The goal of the LEEP program is to
develop leadership competencies in employees, improve cross functional communication, and
implement organizational improvements. LEEP consists of twenty -two (22) modules of training
which will be offered in 2014 to a small number of City employees. The professor(s) will also
help guide the participants as they work on a project designed to address a real City challenge.
The kickoff will be January 22, 2014, and classroom training will extend through December
2014. If needed, this Agreement will allow for extension of training and /or project guidance
through March 1, 2015.
Section 791.001 of the Texas Government Code requires that all interlocal contracts must be
authorized by the governing body, regardless of the dollar amount. The only exception to this is
municipally owned electric utilities -these entities have a $100,000 threshold before authorization
by the governing body is required.
RECOMMENDATION
Approve an Interlocal Cooperative Purchasing Program Agreement with the University of North
Texas Murphy Center for Entrepreneurship in the amount of $26,400.
PRINCIPAL PLACE OF BUSINESS
University of North Texas Murphy Center for Entrepreneurship
Denton, TX
Agenda Information Sheet
November 5, 2013
Page 2
ESTIMATED SCHEDULE OF PROJECT
The University of North Texas Murphy Center for Entrepreneurship will perform the tasks
detailed in the Interlocal Cooperative Purchasing Program Agreement during the time period of
January 22, 2014 through March 1, 2015. The Agreement may be renewed upon written
agreement by both parties.
FISCAL INFORMATION
The Leadership Excellence and Enhancement Program will be funded from the Human
Resources Training account (150001.7820).
EXHIBITS
Exhibit 1: Ordinance and Interlocal Agreement
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
1 -.CIS -File 7382
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE
UNIVERSITY OF NORTH TEXAS MURPHY CENTER FOR ENTREPRENEURSHIP
UNDER SECTION 791.001 OF THE STATE OF TEXAS 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 5182- INTERLOCAL AGREEMENT
WITH THE UNIVERSITY OF NORTH TEXAS MURPHY CENTER FOR
ENTREPRENEURSHIP FOR LEADERSHIP DEVELOPMENT TRAINING IN THE
AMOUNT OF $26,400).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
Interlocal Cooperative Purchasing Program Agreement with the University of North Texas
Murphy Center for Entrepreneurship under Section 791.001 of the Texas Government Code, a
copy of which is attached hereto and incorporated by reference herein (the "Agreement').
SECTION 2. The City Manager, or his designee, is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5382 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
n-M
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
2- ORD- Interlocal Agreement With I TNT Murphy Center for Entrepreneurship
INTERLOCAL AGREEMENT
This Interlocal Agreement (the "Agreement ") is made and entered into this 15th day of October, 2013, between The City of Denton,
Texas, a political subdivision of the State of Texas (hereinafter "CITY") and the University of North Texas, Murphy Center for
Entrepreneurship, , and an agency of the State of Texas ( "UNT ").
WHEREAS, both the City and the State of Texas have the authority to enter into this Agreement pursuant to Chapter 791, Texas
Government Code; and
WHEREAS, the service agreement for Leadership Excellence and Enhancement Workshops ( "Service Agreement ") contemplated
under this Agreement is of mutual interest and benefit to UNT and to the CITY and will further the instructional and technical
objectives of UNT in a manner consistent Nvith its status as an agency of the State of Texas; and
WHEREAS, it is mutuallv beneficial to both parties to execute this Agreement whereby each entity can achieve common objectives
relating to the professional development of the employees of the City of Denton, and in the interest of saving the City of Denton and
State of Texas taxpayer funding; and
NOW THEREFORE, in consideration of the mutual representations, terms and covenants hereafter set forth, the parties hereby
agree as follows:
1. STATEMENT OF WORK. UNT agrees to use its reasonable efforts to perform the Leadership Excellence and Enhancement
Workshop(s) described in the Service Agreement appended hereto and incorporated as Attachment 1.
2. PROGRAM COORDINATOR. The Program will be super-,ised by Dr. Don Powell, Professor (a The University of North
Texas.
3. PERIOD OF PERFORMANCE. UNT will perform the program and tasks detailed in the "Service Agreement" during the
period of January 22, 2014 through March Ist, 2015. This Agreement may be renewed only by written agreement executed by
both parties.
4. TOTAL AMOUNT OF THE CONTRACT. The City agrees to pay UNT the fixed price of $26,400 (twenty six thousand and
four hundred dollars), as agreed to in the payment schedule, listed below.
5. PAYMENT SCHEDULE. The City shall make payments upon receipt of invoices, in accordance Nvith the statutory- provisions
of Texas Government Code; Chapter 2251.The payment schedule indentified below, strictly follows a milestone performance
schedule, in meeting of the stated DELIVERABLES (_attachment 1), and in the approval of invoices submitted to the City.
30% ($7,920) due upon execution of the Agreement, and receipt of invoice
17.5% ($4,620) due upon receipt of quarterly invoice starting May 1, 2014
17.5% ($4,620) due upon receipt of quarterly invoice starting August 1, 2014
17.5% ($4,620) due upon receipt of quarterly invoice starting November 1, 2014
17.5% ($4,620) due upon receipt of quarterly invoice starting March 1, 2015
Invoices shall be sent to the following address:
Name: City of Denton, Accounts Payable Department
Address: 215 East :NIchinnev Street
City State Zip: Denton, TZ 76201
Company Rep Name: Accounts Payable
Phone: 940- 349 -8223 Email: accountspayabhe ( a cityofdenton.com
6. TERMINATION. This agreement may be terminated by either party, upon sixty (60) days prior written notice
7. BREACH / OPPORTUNITY TO CURE. The parties hereto expressly covenant and agree that in the event either party is in
default of its obligations herein, the party not in default shall provide to the party in default at least thirty (30) days written notice to
cure said default before exercising any of its rights as provided for in this Agreement.
8. LIABILITY. The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability
for the acts, omissions and negligence of the other party.
9. DISCLAIMER OF LIABILITY. TEES MAKES NO REPRESENTATIONS AND EZTENDS NO WARRANTIES OF
ANY hIND, EITHER EZ -PRESS OR IMPLIED IN CONNECTION WITH THE TECHNICAL REPORTS, INVENTION
DISCLOSURES OR RESEARCH DATA FURNISHED UNDER THIS AGREEMENT. THERE ARE NO EZ -PRESS OR
Page 1 of 5 OGC app. 6/2006
IMPLIED W ARRANTIES OF :NIERCH ANT ABILITY OR FITNESS FOR A P ARTICtT AR PURPOSE, OR THAT USE OF
SUCH MATERIALS OR :NIODIFIC ATION OF SUCH :NIATERLALS WILL NOT INFRINGE ON ANY PATENT,
COPYRIGHT, TR =,1ARh, OR OTHER PROPRIETARY RIGHT.
10. FORCE MAJUERE. Except for the obligation for the payment of money, if either party fails to fulfill its obligations hereunder
when such failure is due to an act of God, or other circumstance beyond its reasonable control, then said failure shall be excused
for the duration of such event and for such a time thereafter as is reasonable to enable the parties to resume performance under
this Agreement.
11. DISPUTE RESOLUTION. The City must use the dispute resolution process provided in Chapter 2260 of the Texas
Government Code to attempt to resolve a dispute arising under this contract and such process is a required prerequisite to suit in
accordance Nvifli Chapter 107, Texas Civil Practice and Remedies Code. The City must submit written notice of a claim of breach
of contract under this chapter to UNT. UNT is an agency of the State of Texas, and the CITY is a local - government entity and
nothing in this Agreement waives or relinquishes the right of either party to claim any exemptions, privileges and immunities as
may be provided by law.
12. REMEDIES. This Agreement shall be construed by and governed by the laws of the State of Texas. Venue for any legal action
necessary to enforce the Agreement will be in Denton County, Texas. No remedy herein conferred upon any party is intended to
be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by
A
ny party of any right, power or remedy hereunder shall preclude any other or further exercise thereof.
13. ENTIRE REPRESENTATION. This Agreement contains the entire agreement between the parties and supersedes any prior
oral or written agreements, commitments, understandings, or communications with respect to the subject matter of the Agreement.
No amendments or modification of this Agreement shall be effective unless set forth in writing executed by duly authorized
representatives of each party. This Agreement shall be construed in accordance with the laws of the State of Texas.
14. WAIVER. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed
by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no
partial exercise of any right or remedy hereunder shall constitute a waiver of any right or remedy, or future exercise thereof.
15. ASSIGNMENT. This Agreement may not be assigned in whole or in part by any of the Parties without prior written consent of
the other Party.
16. SEVERABILITY. In the event that any section, paragraph, sentence, clause or provision hereof is held by a court of competent
jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and
effect.
17. AMENDMENTS. This Agreement may be amended from time to time by written amendment by both parties.
18. NOTICE. Any notice required to be given in cormec6c)n Nvifli this Agreement shall be in writing and shall be deemed effective if
hand delivered, or if sent by United States certified mail, return receipt requested, postage prepaid, or if sent by private receipted
courier guaranteeing same -day or next -day delivery, addressed to the respective party at its address provided below. If sent by U.S.
certified mail in accordance wifli this Section, such notices shall be deemed given and received on the earlier of (a) actual receipt at the
address of the named addressee, or (b) on the third (3rd) business day after deposit wide the United States Postal Service. Notice given
by any other means shall be deemed given and received only upon actual receipt at the address of the named addressee.
University of North Texas
Murphy Center for Entrepreneurship
Denton, TZ 76205
Attn: Dr. Finley Graves, Dean
Telephone:
Email:
City of Denton Purchasing Department
90113 Texas Street
Denton, Texas 76201
Attn: Purchasing Manager
Telephone: 940 -349 -7133
Email: purchasin.g(a cityofdenton.com
19. NO THIRD PARTY BENEFICIARIES. For purposes of this Agreement, including its intended operation and effect, the
parties specifically agree and contract fliat (1) the Agreement only affects matters disputes between the parties to this Agreement,
and is in no way intended by the parties to benefit or oflierwise affect any third person or entity notyviflistanding the fact that such
third person or entity may be in contractual relationship yvifli the State or City, or both; and (2) the terms of this Agreement are not
intended to release, either by contract or by operation of law, any third person or entity from obligations owed by them to either
the State or City.
Page 2 of 5 OGC app. 6/2006
30. ENTIRETY OF AGREEMENT. This Agreement represents the entire understanding between the County and City and
supersedes all other negotiations, representations or agreement, written or oral, relating to this Agreement.
The parties have caused this Agreement to be executed by their duly authorized representative.
University of North Texas
Dr. Finlev Graves, Dean
College of Business
Dr. Anthonv Mendes, Director Murphy Center
Dr. Don Powell, Program Coordinator
City of Denton, Texas
Elton D. Brock, RIBA, C.P.M.
Manager, Materials Management
ACKNOWLEDGEMENT
STATE OF TELLS j
COLiNTY OF DENTON j
Date
Date
Date
Date
This instrument was acknowledged before me on the day of
behalf of the City of Denton, Texas.
2013 by
Notary Public in and for the State of Texas
Page 3 of 5 OGC app. 6/2006
on
Attachment 1
University of North Texas — Service Agreement
URF&WEB" UN TER f"O
UNT
Date: September 28, 2013
Customer: Cite of Denton
Human Resources Department
601 E. Hickon -, Suite A
Denton, TX 76205
Program Title: Leadership Excellence and Enhancement Workshop
WORK TO BE COMPLETED
The Murphy Center for Entrepreneurship (henceforth called the " Murphy Center") at the University of North Texas will deliver
through its associates, a professional development program for the employees of the Cite of Denton on their premises located at
601 E. Hickon Denton TX 76205. The program consists of twenty -two modules. "Leadership Excellence" will be the central
themes of these modules.
IRa@ Rmaamr _74 1maCV_1aI DIM a101a:Mr_1a1011am
The agreement begins with City of Denton's acceptance of this proposal and ends with the deliven- of all the modules by the
Enterprise Center. The Murphy- Center and Cite of Denton agree to begin the program on Januan_- 22, 2014 with completion by
March 1, 2015. These dates may be altered by mutual agreement of the parties.
The Cite of Denton is responsible for providing appropriate facilities, adequate audio - visual, computer equipment, cite employee
computer access, projection s -\-stems, etc., for successful deliven- of the program.
Participant binders and PowerPoint Masters will be provided by The Murphy Center. The City of Denton is responsible for
copying the Masters for inclusion in participant binders. Participants are responsible for their own computers and any other
learning support materials they choose to bring to the sessions.
Dr. Don Powell, Professor, UNT, will be the Program Coordinator. He will be responsible for managing, and coordinating the
professional development. Modules will be delivered by members of the faculty of the Universit-\- of North Texas. Should the
Murphy Center supplement the professional development resources, such alterations will be made at no additional charge to the
Citv of Denton.
This is a fixed price agreement to provide professional development services to a maximum of 12 City of Denton participants. The
price includes all services and professional development materials described herein. The price for each training module provided
by The Murphy Center is $1,000 USI), administrative overhead for the program (15 %) is $3,300, and contingency (5 %) is $1,100.
Hence, total cost of the program to the City of Denton is $26,400.00 (twenty six thousand and four hundred dollars). Payment is
due as per inyoice(s), with 30% upfront (Januan- 22, 2014), and four equal quarterly payments for the remaining 70 %, starting in
Mai- 1, 2014.
Page 4 of 5 OGC app. 6/2006
Page 5 of 5 OGC app. 6 /2006
AGENDA INFORMATION SHEET
AGENDA DATE: November 5, 2013
DEPARTMENT: Finance
ACM:
SUBJECT
Bryan Langley aL
hi,dM6 aa� l Vu:druffl
Consider appointments to the Citizens Bond Advisory Committee for the proposed 2014 Bond
Election.
BACKGROUND
During prior discussions, the City Council has indicated a preference for a fifty (50) member
Citizen Bond Advisory Committee (7 appointments for each City Council member and a
committee chair). As such, the purpose of this item is to request City Council appointments to
the Citizen Bond Advisory Committee.
To solicit public interest, staff posted a notice and application on the City of Denton's website
concerning the appointment process. Citizens interested in serving on the bond advisory
committee were encouraged to notify the City Council or City Secretary's Office. In
addition, the notice has been distributed on social media channels as well. The names of all
citizens that have responded to this request are provided in the attached Exhibit 1.
The City Council will have an additional opportunity to make appointments to the Citizen
Advisory Committee on November 19, 2013. The charge of the Bond Advisory Committee and
committee appointments are expected to be formally approved by the City Council on November
19, 2013.
PRIOR ACTION/REVIEW
On October 7, 2013, the City Council discussed the proposed 2014 Bond Program and received
presentations from City staff regarding the initial project list. The City Council recommended a
fifty (50) member Citizen Bond Advisory Committee with seven appointments by each council
member and a committee chair.
EXHIBIT
1. Committee Applicant Listing Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
Exhibit 1
APPLICATIONS FOR 2014 CITIZENS BOND COMMITTEE
Name:
Address:
Phone:
Email address:
District:
Sharon Barnhill
3329 Hummingbird Ln
940 - 390 -6303
momster9 @verizon.net
2
Rosanne Ciccia
3620 Big Horn Trail
214 - 766 -1662
rciccia @live.com
4
Tim Crouch
3800 Lariat Rd
940 - 565 -9370
tim @thecrouchgroup.com
3
Karen DeVinney
1820 West Oak St
940 - 380 -0348
drkjdev @aol.com
3
Jean Greenlaw
2600 Sheraton Rd
940 - 383 -4786
j.greenlawl @verizon.net
2
Jamie Harrington
2408 Kariba Ln
817 - 797 -0008
jamie @totallythebomb.com
4
Alex Lieban
2208 Parkside Dr
940 - 597 -8720
alieban @verizon.net
3
Anyah Martinez
708 Smokerise Circle
940 - 595 -4001
anyahmartinez @yahoo.com
4
Batavia Russel
2302 Jacqueline Dr
214 - 289 -5369
bataviarussell @gmail.com
4
Gustav Seligmann
6 Oak Forrest Circle
940 - 395 -0294
gus @unt.edu
4
Janet Shelton
4 Timbergreen Circle
940 - 300 -4119
jwshelton @verizon.net
4
Keith Shelton
621 Grove St
940 - 387 -4715
shelton @unt.edu
1
Dale Tampke
2400 Southridge Dr
740 - 591 -9021
dale.tampke @unt.edu
4
Allison Wing
1529 Angelina Bend Dr
817 - 229 -5491
allisonmortonwing @gmail.com
1
hi,dM6 aa� l Vu:druffl
AGENDA INFORMATION SHEET
AGENDA DATE: November 5, 2013
DEPARTMENT: Denton Municipal Electric
ACM: Howard Martin, 349 -8232
SUBJECT
Consider adoption of an ordinance authorizing execution of a franchise agreement with the City
of Denton, acting through its electric utility, granting a franchise to maintain, and operate
facilities within the City of Corinth for the delivery and sale of electricity; providing for the
payment of a fee for the use of the public rights -of -way; providing that such fee shall be in lieu
of other charges; setting forth the term of the franchise; and providing an effective date.
BACKGROUND
The prior City of Corinth Agreement expired May 31, 2012. The City of Corinth's City Council
approved a new Agreement on September 19, 2013. The proposed fifteen year Agreement
provides that Denton Municipal Electric Utility (DME) will pay the City of Corinth four percent
(4 %) of its gross revenue from the sale of electric power and energy at retail within the corporate
limits of the City of Corinth as full payment for the right and privilege of using and occupying
the public right—of-way. The first payment was due on August 1, 2013 and subsequent payments
will be made on or before August 1 of each year thereafter. The attached Agreement will expire
May 21, 2028.
RECOMMENDATION
Staff recommends approval of the Agreement at December 3, 2013 City Council Meeting.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Public Utility Board reviewed and approved this agreement on November 25, 2013.
DATE SCHEDULED FOR COUNCIL APPROVAL
The City Charter requires three readings of a franchise ordinance. Therefore the Agreement will
be read at the November 5th, November 19th and December -1 City Council meetings. The
Council will vote on approval of the Agreement at the December 3, 2013 meeting.
FISCAL INFORMATION
The annual City of Corinth franchise fee payment will be approximately $8,500. As electric
sales within the City of Corinth and /or electric rates change the fee will correspondingly change.
EXHIBIT
City of Corinth Ordinance No. 13- 09 -19 -21 and Franchise Agreement Between the City of
Corinth, Texas and The City of Denton, Texas, Municipal Electric Utility
Respectfully submitted:
Phil Williams
General Manager,
Denton Municipal Electric
Prepared by:
Mary Dickinson
Budget Manager
EXHIBIT 1
ORDINANCE NO. 2013-
AN ORDINANCE AUTHORIZING EXECUTION OF A FRANCHISE AGREEMENT WITH
THE CITY OF DENTON, ACTING THROUGH ITS ELECTRIC UTILITY, GRANTING A
FRANCHISE TO MAINTAIN, AND OPERATE FACILITIES WITHIN THE CITY OF
CORINTH FOR THE DELIVERY AND SALE OF ELECTRICITY; PROVIDING FOR THE
PAYMENT OF A FEE FOR THE USE OF THE PUBLIC RIGHTS -OF -WAY; PROVIDING
THAT SUCH FEE SHALL BE IN LIEU OF OTHER CHARGES; SETTING FORTH THE
TERM OF THE FRANCISE; PROVIDING FOR THE RATIFICATION AND RETROACTIVE
APPROVAL OF SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on the 15th day of July, 1997 the City Council approved a Franchise
Agreement by and between the City of Corinth, Texas and the City of Denton, Texas Municipal
Electric Utility (the "Prior Agreement'), by Ordinance No. 97 -206; and
WHEREAS, the fifteen -year term provided for in the Prior Agreement has now expired;
the City of Denton, Texas has since that time also renamed its municipal electric utility, as
Denton Municipal Electric; and both the City of Corinth, Texas and the City of Denton, Texas
desire to adopt a new Franchise Agreement, and have its approval to be retroactively effective as
of July 15, 2012; and
WHEREAS, the City of Denton, Texas continues to supply electric services using the
public rights -of -way of the City of Corinth, Texas; and the Corinth City Council by its Ordinance
No. 13- 09 -19 -21 has approved the new Franchise Agreement on the 21st day of September, 2013,
a copy of which ordinance is attached hereto as well; and the Denton City Council accordingly
finds that the new Franchise Agreement, should be in all things approved; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The recitations contained in the preamble hereto are true and correct and
are incorporated herewith as a part of this Ordinance.
SECTION 2: The City Manager is hereby authorized to execute the "Franchise
Agreement between the City of Corinth, Texas and the City of Denton, Texas Municipal Electric
Utility" (the "Agreement'), in substantially the form of the Agreement which is attached hereto
as Exhibit "A" and which is incorporated herewith by reference.
SECTION 3: This Agreement is retroactively effective and approved as of July 15,
2012, the date of expiration of the previous Franchise Agreement.
SECTION 4: The expenditure of funds as provided for in the attached Agreement is
hereby authorized.
SECTION 5: The remainder of this ordinance shall become effective upon its passage
and approval.
1
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IM
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
IM
The City of Denton, Texas, acting herein by its duly- constituted City Council, hereby declares
the foregoing Ordinance passed on first reading on the 5th day of November, 2013; and passed on
second reading on the 19th day of November, 2013; and passed on third reading on the -1 day of
December, 2013; and being finally effective as of the -1 day of January, 2014.
/s/ /s/
Mark Burroughs, Mayor
/s/ /s/
Dalton Gregory, Council Member, Place 2
/s/ /s/
James King, Council Member, Place 6
/s/
Joey Hawkins, Council Member, Place 4
Pete Kamp, Mayor- Pro -Tem
Jim Engelbrecht, Council Member, Place 3
Kevin Roden, Council Member, Place 1
2
The above and foregoing ordinance was read, adopted on first reading and passed to second
reading by the following votes, this the 5th day of November, 2013, at a regular session of the
City Council.
Mark Burroughs, Mayor, voting
Pete Kamp, Mayor- Pro -Tem, voting
Dalton Gregory, Council Member, voting
Jim Engelbrecht, Council Member, voting
James King, Council Member, voting
Kevin Roden, Council Member, voting
Joey Hawkins, Council Member, voting
The above and foregoing ordinance as read, adopted on second reading and passed to third
reading by the following votes, this the 19th day of November, 2013, at a regular session of the
City Council.
Mark Burroughs, Mayor, voting
Pete Kamp, Mayor- Pro -Tem, voting
Dalton Gregory, Council Member, voting
Jim Engelbrecht, Council Member, voting
James King, Council Member, voting
Kevin Roden, Council Member, voting
Joey Hawkins, Council Member, voting
The above and foregoing ordinance was read, adopted on third reading and passed by the
following votes, this the -1 day of December, 2013, at a regular session of the City Council.
Mark Burroughs, Mayor, voting.
Pete Kamp, Mayor- Pro -Tem, voting
Dalton Gregory, Council Member, voting
Jim Engelbrecht, Council Member, voting
James King, Council Member, voting
Kevin Roden, Council Member, voting
Joey Hawkins, Council Member, voting
STATE OF TEXAS §
COUNTY OF DENTON §
I, Jennifer Walters, City Secretary of the City of Denton, Texas, do hereby certify that the
above and foregoing is a true and correct copy of the Franchise Agreement Ordinance between
the City of Denton, Texas and the City of Corinth, Texas. The same is now recorded as
Ordinance Number 2013- in the Ordinance Records of the City of Denton, Texas.
WITNESS MY HAND this the day of , 2013.
(SEAL)
ACCEPTANCE
Jennifer Walters, City Secretary
WHEREAS, the City Council of the City of Denton, Texas, did on the -1 day of
December, 2013, enact an Ordinance entitled:
AN ORDINANCE AUTHORIZING EXECUTION OF A FRANCHISE AGREEMENT WITH
THE CITY OF DENTON, ACTING THROUGH ITS ELECTRIC UTILITY, GRANTING A
FRANCHISE TO MAINTAIN, AND OPERATE FACILITIES WITHIN THE CITY OF
CORINTH FOR THE DELIVERY AND SALE OF ELECTRICITY; PROVIDING FOR THE
PAYMENT OF A FEE FOR THE USE OF THE PUBLIC RIGHTS -OF -WAY; PROVIDING
THAT SUCH FEE SHALL BE IN LIEU OF OTHER CHARGES; SETTING FORTH THE
M
TERM OF THE FRANCISE; PROVIDING FOR THE RATIFICATION AND RETROACTIVE
APPROVAL OF SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, said Ordinance was on the -1 day of December, 2013, duly approved and
subscribed by the Mayor of said City, and the seal of said City was thereto affixed and attested to
by the City Secretary;
NOW, THEREFORE, the City of Corinth, Texas, hereby in all respects ACCEPTS,
APPROVES AND AGREES TO said Ordinance, and the same shall constitute and be a binding
contractual obligation of the City of Corinth, Texas, and of the City of Denton, Texas, without
waiver of any other remedy by the City of Corinth, Texas, or the City of Denton, Texas, and the
City of Corinth, Texas does hereby file this, its written acceptance, with the City Secretary of the
City of Denton, Texas, in her office.
DATED this the day of 1201
ATTEST:
0
THE CITY OF CORINTH, TEXAS
ACCEPTANCE FILED in the Office of the City Secretary of the City of Denton, Texas, this the
day of , 201
Jennifer Walters, City Secretary
k,
ORDINANCE NO. 13- 09 -19 -21
AN ORDINANCE AUTHORIZING EXECUTION OF A FRANCHISE
AGREEMENT WITH THE CITY OF DENTON, ACTING THROUGH ITS
ELECTRIC UTILITY, GRANTING A FRANCHISE TO MAINTAIN, AND
OPERATE FACILITIES WITHIN THE CITY OF CORINTH FOR THE
DELIVERY AND SALE OF ELECTRICITY; PROVIDING FOR THE
PAYMENT OF A FEE FOR THE USE OF THE PUBLIC RIGHTS -OF-
WAY; PROVIDING THAT SUCH FEE SHALL BE IN LIEU OF OTHER
CHARGES; SETTING FORTH THE TERM OF THE FRANCHISE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, through its Electric Utility, supplies electric
services through the public rights -of -way of the City of Corinth to residents of Corinth; and
WHEREAS, the franchise Agreement between the City of Denton and the City of
Corinth having expired and both parties desiring to adopt a new franchise; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute, on behalf of the City, a
Franchise Agreement with the City of Denton, Texas Municipal Electric Utility (the
"Agreement ") granting a franchise and providing for the payment of a franchise fee in
connection with the furnishing of electric service by the City of Denton Municipal Electric
Utility to customers in the City of Corinth, Texas. A copy of the Agreement is attached hereto
and incorporated by reference herein.
SECTION II. That this ordinance and the Agreement shall become effective as provided
by Article XI of the City Charter of the City of Corinth, and Denton's acceptance shall be
evidenced by its approval and execution of the Agreement
PASSED AND APPROVED this the day of 013.
,\y of- c oR/
V : -MVL RUGGIERE, MA
ATTEST:
TEXAS
KIM PENCE, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
le�m _7511FAINMIUM.Al
Page 2 of 2
FRANCHISE AGREEMENT BETWEEN THE CITY OF CORINTH, TEXAS AND THE CITY
OF DENTON, TEXAS MUNICIPAL ELECTRIC UTILITY
THIS AGREEMENT, made and entered into by and between the City of Corinth, Texas,
hereinafter called "CITY ", 3300 Corinth Parkway, Corinth, Texas 76208, and the City of Denton, Texas,
as owner of Denton Municipal Electric Utility, hereinafter called "DMEU ", 215 East McKinney Street,
Denton, Texas 76201.
WITNESSETH
WHEREAS, DMEU is operating an electric distribution system, including poles, wires,
transformers, meters, and other appurtenances within the City of Corinth, Texas; and
WHEREAS, the Franchise Agreement between the CITY and the DMEU has expired, and it is
the desire of the CITY and DMEU to enter into Franchise Agreement to provide for the use and
occupancy of the present and future streets, alleys, highways, public utility easements, parks and other
public property within the CITY (hereinafter the "Public Right -of- Way ");
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set
forth, and the mutual benefits to be derived therefrom, the parties hereto agree as follows:
1. That DMEU, its successors or assigns, shall pay annually four percent (4 %) of its gross
revenues from the sale of electric power and energy at retail within the corporate limits of the CITY as
full payment for the right and privilege of using and occupying the Public Right -of -Way of the CITY of
Corinth, Texas.. The first payment shall be due on August 1, 2013 and subsequent payments shall be
made on or before August 1 of each year thereafter. Each payment shall be based on the gross receipts
from the retail sale of electricity within the corporate limits of CITY during the twelve (12) month period
ending May 30 next preceding the payment, and shall be payment for the aforesaid right and privilege
during the twelve (12) month period beginning with August 1 of the year in which the payment is made.
The first payment is based on the revenue collected by DMEU during the twelve month period beginning
June 1, 2012 and ending May 31, 2013. This payment, and this Agreement, covers the street rental
agreement period of August 1, 2012 through July 31, 2013, and provides for subsequent payments to be
rendered by DMEU as previously stated. DMEU shall provide a complete report in support of its
calculations with respect to each such payment and, upon the CITY's written request, shall, within a
reasonable time, provide and allow inspection of all necessary books and records of DMEU. The CITY
and DMEU each agree that this Agreement shall operate in such a manner as to provide for the
continuous payment of franchise payments to the CITY, despite the fact that the previous Franchise
Agreement, had inadvertently expired.
2. CITY agrees to accept such payment as full compensation to be paid by DMEU for the
privilege of using and occupying the streets, alleys, highways, easements, parks, and other public places
within the present and future territorial limits of CITY, while this Agreement is in effect, in lieu of and
shall be accepted as payment for all of DMEU's obligations to pay occupation taxes, assessments,
municipal charges, fees, rentals, pole rentals, wire taxes, license and inspection fees or charges,
administrative and processing fees, utility easement taxes, franchise taxes, street taxes, street or alley
rentals and all other charges, levies, fees, rentals and taxes of every kind, except ad valorem taxes, sales
taxes, and special taxes and assessments for public improvements.
3. That DMEU shall, to the extent permitted by law, indemnify and save whole and harmless the
CITY and all of its officers, agents, and employees from any and all claims for injury or damage to
persons or property occasioned by, or arising out of the construction, maintenance, operation, or repair of
the generation, transmission, or distribution system, or by the conduct of business in the CITY. Provided,
however, nothing herein shall be construed to indemnify the CITY against the CITY's own negligence or
fault. It is understood that it is not the intention of the parties hereto to create liability for the benefit of
third parties, but that this Agreement shall be solely for the benefit of the parties hereto.
4. That all poles to be placed shall be of sound material and reasonably straight, and shall be so
set that they will interfere as little as practicable with the ordinary travel on alleys, streets or sidewalks or
with the flow of water to any gutter or drain. The location and route of all poles, stubs, guys, anchors,
conduits and cables to be placed and constructed by the DMEU in the construction and maintenance of its
electric utility distribution system in the CITY, shall comply with all pertinent requirements of the
National Electrical Safety Code and all rules and guidelines that have been properly promulgated by the
CITY which are not inconsistent with this Agreement, and as may be authorized by State or Federal law.
5. That in any future construction, in new developments, lateral and service distribution lines and
wires shall be placed or constructed underground in all areas designated in advance of construction by the
CITY for all electric utilities in the plat approval process or by zoning ordinances. In such designated
areas, distribution feeder lines may be overhead and transformers and similar equipment may be pad -
mounted. The City Council of Corinth or the City Manager thereof, acting on their behalf, may upon
petition by DMEU, waive the requirement of underground installation if good cause is shown for such
exemption. As used in this section:
"Feeder lines" shall mean those electric lines that emanate from substations to distribute power
throughout an area.
"Lateral lines" shall mean those electric lines that emanate from a feeder line and are used to
distribute power to smaller areas of electric consumers. These electric lines are normally
connected to a feeder line through a sectionalizing device such as a fuse or disconnect switch.
"Service lines" shall mean those electric lines which, through a transformer, connect a lateral line
to a customer's service entrance.
6. DMEU shall provide reasonable notice to the City of planned work within the Public Right -of-
Way and shall, except in cases of emergency conditions or work incidental in nature, obtain a permit if
required by the City's ordinances before commencing work. DMEU shall notify the City as soon as
practicable regarding work performed under emergency conditions.
7. The City reserves the right to lay and permit to be laid, power, sewer, gas, water, and other
pipe lines or cables and conduits, and to do and permit to be done, any underground and overhead work
that may be deemed necessary or proper by the City in, across, along, over and under any Public Right -of-
Way occupied by DMEU, and to change any curb or sidewalk or the grade of any street. In permitting this
work to be done, the City shall not be liable to the DMEU for any resulting damage to DMEU's facilities.
City shall notify DMEU in a reasonable time of any projects that will affect DMEU's facilities located in
the Public Right -of -Way. When required to by City to remove or relocate its facilities located within
Public Right -of -Way that are in conflict with the City project, DMEU shall do so, at its expense, as soon
as practically possible with respect to the scope of the project, unless such work is for the primary
purpose of beautification or to accommodate a private developer. Facilities are deemed to be in conflict to
the extent that the proposed City facilities are determined by DMEU to be inconsistent with electric
distribution industry standard safe operating practices for existing facilities.
Franchise Agreement
Page 2 of 4
8. DMEU shall submit engineering plans of those projects involving significant construction in a
Public Right -of -Way to the City for review prior to construction and promptly after completion of
construction shall provide to the City accurate and complete "as- built" plans showing the nature and
specific location of all work done.
9. The location of all facilities of DMEU shall be subject to approval by the City Manager or the
Manager's designated representative prior to construction; provided however, said approval shall not be
unreasonably withheld. In the event of a conflict between the location of the facilities of DMEU and the
location of the facilities of City or other utility franchisees within the Public Right -of -Way that cannot be
resolved, the City Manager shall resolve the conflict and determine the location of the respective
facilities. DMEU shall not interfere with power, telephone, cable or water facilities, sanitary or storm
sewer facilities or other municipal or public use of the Public Right -of -Way. DMEU has the right to
request City Council review of any actions concerning DMEU's use of the Public Rights -of -Way.
10. DMEU shall be responsible for promptly repairing and restoring, to as good condition as before
the commencement of the DMEU's work, all Public Right -of -Way within a reasonable time after the
completion of the work Such repairs shall be maintained because of defective workmanship by DMEU
for two) years from the date of repairs and restoration. No such street, alley, highway, or public place
shall be encumbered for a longer period than shall be reasonably necessary to execute work. It is
understood that it is not the intention of the parties hereto to create any liability for the benefit of third
parties, but that this Agreement shall be solely for the benefit of the parties hereto.
11. Nothing herein shall enlarge, diminish, amend, affect or otherwise prejudice any certificate of
convenience and necessity granted to either CITY or DMEU.
12. DMEU's property and operations within the corporate limits of CITY shall be subject to such
reasonable rules and regulations of CITY as may be authorized by applicable law for the protection of the
general public. DMEU shall comply with all rules and regulations of CITY generally in effect to the
extent that same are valid and authorized by applicable state or federal law. Charges for installation or
maintenance of street lighting, including extension costs charged to developers, shall be in accordance
with DMEU's tariffs.
13. This Agreement supersedes and cancels any and all prior agreements between CITY and
DMEU relating to the matters herein set forth, and is the entire agreement of the parties.
14. This Agreement shall terminate on May 31, 2028.
15. This Agreement is executed in duplicate originals. Any notices required or desired
to be given from one party to the other party to this ordinance shall be in writing and shall be sent to the
addresses set forth in the preamble of this Agreement.
IN WITNESS WHEREOF, the City of Corinth, Texas has caused this Agreement to be executed by its
duly authorized Mayor; and the City of Denton, Texas has caused this Agreement to be executed by its
duly authorized City Manager on this the day of 92013.
Franchise Agreement
Page 3 of 4
"DMEU"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
"CITY"
pF
CO'Y' "QTY OF CORINTH, TEXAS
fA0LRUG(jIERE,TSdYOR
7EST'
IMP NC , CITV SECRETARY
Franchise Agreement
Page 4 of 4
rl
CITY OF CORINTH
COUNCIL AGENDA ITEM
AGENDA TYPE ❑ Regular ❑ Special ® Consent Reviewed by Finance
Yes
Not Applicable
❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal
Yes
Not Applicable
Council Meeting Date: September 19, 2013 Department: Finance
Dept Head: Lee Ann Bunselmeyer Dept Head Signature:
Agenda Item Coordinator/Phone/Ext. #: 940 - 498 -3221
City Manager Reviewed/Approval ,-Initials Date
ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION # ❑ APPROVAL
❑ CHANGE ORDER ® AGREEMENT ❑ APPROVAL OF BID ® AWARD OF CONTRACT
❑ CONSENSUS ❑ OTHER
AGENDA CAPTION
Consider approval of ordinance authorizing execution of a franchise agreement with the City of Denton,
acting through its electric utility, granting a franchise to maintain and operate facilities within the City
of Corinth for the delivery and sale of electricity; providing for the payment of a fee for the use of the
public rights -of -way; providing that such fee shall be in lieu of other charges; setting forth the term of
the franchise; and providing an effective date.
FINANCIAL SUMMARY
❑N /A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ®BUDGETED ❑NON- BUDGETED
FISCAL YEAR:
PRIOR
YEAR
CURRENT
YEAR
FUTURE
YEARS
TOTALS
Proposed Revenue Amount
$8,638
$8,500
$8,500
FUND(S) TO BE USED: General ®$ $8,500 Utility ❑ $ Special ❑ $
BACKGROUND /SUMMARY OF ITEM
The proposed fifteen year agreement provides that Denton Municipal Electric Utility (DMEU) will pay the City
of Corinth four percent (4 %) of its gross revenues from the sale of electric power and energy at retail within the
corporate limits of the City as full payment for the right and privilege of using and occupying the Public Right -of
Way. The first payment was due on August 1, 2013 and subsequent payments will be made on or before August
1 of each year thereafter. The franchise agreement will expire May 31, 2028.
The following Notice of Franchise was published in the Denton Record Chronicle on August 19, 2013.
The City of Corinth intends to adopt an ordinance granting a franchise to the City of Denton, Texas to
use the City streets and rights -of -way for the purpose of maintaining and operating equipment and
power poles to deliver and supply electricity to customers within the City.
STAFF OPTIONS & RECOMMENDATION
Staff recommends approval of the Franchise Agreement with the City of Denton.
List of Supporting Documents/Exhibits Attached:
Prior Action/Review by Council, Boards, Commissions or Other
Agencies:
1- Franchise agreement between the City of Corinth
and the City of Denton.
Pudblhc V ieai -hr
AGENDA INFORMATION SHEET
AGENDA DATE: November 5, 2013
DEPARTMENT: Planning and Development
ACM: John Cabrales, Jr. Y�
SUBJECT
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
providing for a zoning change from a Neighborhood Residential 2 (NR -2) zoning district and land
use designation to a Neighborhood Residential 3 (NR -3) zoning district and use classification on
approximately 75.3 acres of land located on the south of Ryan Road, north of the Kansas City
Southern Railroad, approximately 950 feet east of FM1830 and approximately 800 feet west of
Forrestridge Road, in the City of Denton, Denton County, Texas; and providing for a penalty in the
maximum amount of $2,000.00 for violations thereof, severability clause and an effective date
(Z13- 0006). The Planning and Zoning Commission recommends approval (6 -1).
BACKGROUND
The applicant is requesting the rezoning of the subject site from a Neighborhood Residential 2
(NR -2) to a Neighborhood Residential 3 (NR -3) zoning district (Exhibits 2, 3 and 4). Per the
Denton Plan and future land use map, the area is designated Neighborhood Centers; therefore, no
Comprehensive Plan amendment is required.
If the rezoning request is approved, the applicant has indicated a desire to develop the area into a
single - family home subdivision (Exhibits 8 and 9). The proposed NR -3 zoning would permit up to
263 single family home lots. The uses permitted in NR -2 and NR -3 are similar, with NR -3 being
more restrictive of commercial uses. There are no concerns about this zoning change allowing
incompatible commercial uses if the current applicant does not develop the property as planned.
The property is predominantly undeveloped rangeland; however, it is not being used for
agricultural purposes. Prior to the city -wide rezoning in 2002, the property was zoned Agricultural
District (A). The property is not currently platted. Prior to development and issuance of any
building permits, preliminary and final platting will be required.
There are several site constraints that reduce the developable area. The western portion of the
property contains a gas well and frac -water pond permitted in 2011 (Exhibit 2). Any development
on the site will need to meet the setback requirements from the existing gas wells of 250 feet per
Denton Development Code. In addition, the site contains two separate areas of floodplain, one at
the far west edge of the site and one extending from the southern border up to the middle of the
site. There is also an environmentally sensitive stream buffer within both floodplain areas (Exhibit
6). The developable acreage is reduced substantially by these environmental constraints.
Staff sent 17 certified notices of the public hearing to property owners within two hundred (200)
feet of the subject property and 12 courtesy notices to residents /property owners within 500 feet of
the property. As of this writing, staff has received three responses in favor and two responses in
opposition to the request from property owners within 200 feet of the site (Exhibit 7).
Agenda Information Sheet
November 5, 2013
Page 2
PRIOR ACTION
September 25, 2013, Planning and Zoning Commission
OPTIONS
1. Approve
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommended APPROVAL of Z13 -0006 (6 -1).
The Development Review Committee (DRC) recommends APPROVAL of Z13 -0006.
EXHIBITS
1. Staff Report
2. Site Location /Aerial Map
3. Existing Zoning Map
4. Proposed Zoning Map
5. Future Land Use Map
6. ESA Map
7. Notification Map and Responses
8. Applicant's Project Narrative
9. Applicant's Zoning Exhibit
10. Site Photos
11. September 25, 2013, Planning and Zoning Commission Meeting Minutes
12. Ordinance
Respectfully submitted:
r,r
Brian Locldey, AICP, CPM
Planning and Development, Director
Prepared by:
AZZ4�z-
Michele Berry
Assistant Planner
Exhibit 1
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P &Z Date: September 25, 2013 TYPE: Rezoning
CC Date: November 5, 2013 PROJECT #: Z13 -0006
Project Number: Z13 -0006, Kelsoe Tract
Request: Rezoning of approximately 75.3 acres from a Neighborhood
Residential 2 (NR -2) zoning district to a Neighborhood Residential
3 (NR -3) zoning district.
Applicant: Bob Shelton Enterprises
2308 Ranch House Dr.
Denton, TX 76210
Owner: J.M. and Patricia P. Kelsoe
4371 Country Club road
Denton, TX 76210
Location: The property is generally located on the south of Ryan Road, north
of the Kansas City Southern Railroad, approximately 950 feet east
of Country Club Road (FM1830) and approximately 800 feet west
of Forrestridge Road.
Size:
Existing Zoning
Designation:
Proposed Zoning
Designation:
75.3 acres +/-
Neighborhood Residential 2 (NR -2)
Neighborhood Residential 3 (NR -3)
Existing Future Land Use: Neighborhood Centers
Proposed Future Land Use: Neighborhood Centers
Case Planner: Michele Berry
DRC Recommendation: The Planning and Zoning Commission recommends
APPROVAL of Z13 -0006 (6 -1).
The Development Review Committee (DRC) recommends
APPROVAL of Z13 -0006.
Development Code/ Zoning Analysis
The applicant is proposing to rezone approximately 75.3 acres from NR -2 to NR -3, which does
not require a Comprehensive Plan amendment. The applicant has indicated a desire to develop
the area into a 260 lot single - family subdivision.
In terms of use, both the NR -2 and NR -3 zoning districts are primarily residential in nature. The
NR -2 district allows additional uses considered compatible with more rural development such as
kennels and veterinary clinics with a Specific Use Permit (SUP). There are some differences in
housing types allowed; NR -2 allows for manufactured housing with an SUP while NR -3 allows
for attached single - family homes with an SUP. Notably, gas wells require an SUP in the NR -3
district but are allowed in the existing NR -2 district with Limitation 27. Limitation 27 states any
gas well "Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production."
Per the regulations on gas well development a new home may not locate closer than 250 feet to
an existing gas well. If this zoning change takes place, then the existing gas well on the property
will be considered legally non - conforming as it never received an SUP and any subsequent well
development on the site will be required to obtain an SUP.
The tables below list the permitted uses and general regulations of the existing zoning district of
NR -2 and the proposed zoning district of NR -3. The highlighted portions show differences
between the two zoning districts:
P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined
in Section 35.5.8 and the limitations are listed below:
Residential Land Use Categories
Agriculture
� (Existing)
P
...
P
Livestock
L(7)
L(7)
Single Family Dwellings
P
P
Accessory Dwelling Units
SUP
L(1)
SUP
L(1)
Attached Single Family Dwellings
N
SUP
Dwellings Above Businesses
N
N
Live/Work Units
N
N
Duplexes
N
N
Community Homes For the Disabled
P
P
Group Homes
N
N
Multi - Family Dwellings
N
N
Fraternity or Sorority House
N
N
Dormitory
N
N
Manufactured Housing Developments
SUP
N
Commercial Land Use Categories
Home Occupation
P
...
P
Sale of Products Grown on Site
N
N
Hotels
N
N
Motels
N
N
Bed and Breakfast
N
N
Retail Sales and Service
N
N
Movie Theaters
N
N
Restaurant or Private Club
N
N
Drive - through Facility
N
N
Professional Services and Offices
N
N
Quick Vehicle Servicing
N
N
Vehicle Repair
N
N
Auto and RV Sales
N
N
Laundry Facilities
N
N
Equestrian Facilities
SUP
N
Outdoor Recreation
P
P
Indoor Recreation
N
N
Major Event Entertainment
N
N
Commercial Parking Lots
N
N
Administrative or Research Facilities
N
N
Broadcasting of Production Studio
N
N
Sexually Oriented Business
N
N
Temporary Uses
L(38)
L(38)
Industrial Land Use Categories
Printing / Publishing
N
...
N
Bakeries
N
N
Manufacture of Non - odoriferous Foods
N
N
Feed Lots
N
N
Food Processing
N
N
Light Manufacturing
N
N
Heavy Manufacturing
N
N
Wholesale Sales
N
N
Wholesale Nurseries
N
N
Distribution Center/Warehouse, General
N
N
Warehouse, Retail
N
N
Self- service Storage
N
N
Construction Materials Sales
N
N
Junk Yards and Auto Wrecking
N
N
Wrecker Services and Impound Lots
N
N
Kennels
L(37)
N
Veterinary Clinics
L(14)
N
Sanitary Landfills, Commercial
Incinerators, Transfer Stations
N
N
Gas Wells
L(27)
SUP
L(27)
Limitations
L(1) = Accessory dwelling units are permitted, subject to the following additional criteria:
1. The proposal must conform with the overall maximum lot coverage and setback
requirements of the underlying zone.
2. The maximum number of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential stricture
shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not
exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5.
4. One additional parking space shall be provided that conforms to the off - street parking
provisions of this Chapter.
5. The maximum gross habitable floor area (GHFA) of the accessory residential stricture
shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size
Institutional Land Use Categories
Basic Utilities
L(25)
...
L(25)
Community Service
N
N
Parks and Open Space
P
P
Churches
P
P
Semi - public, Halls, Clubs, and Lodges
SUP
SUP
Business / Trade School
N
N
Adult or Child Day Care
SUP
SUP
Kindergarten, Elementary School
SUP
SUP
Middle School
N
N
High School
N
N
Colleges
N
N
Conference /Convention Center
N
N
Hospital
N
N
Elderly Housing
N
N
Medical Centers
N
N
Cemeteries
N
N
Mortuaries
N
N
WECS (Free- standing Monopole Support
Structure)
SUP
SUP
WECS (Building- mounted)
SUP
SUP
Limitations
L(1) = Accessory dwelling units are permitted, subject to the following additional criteria:
1. The proposal must conform with the overall maximum lot coverage and setback
requirements of the underlying zone.
2. The maximum number of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential stricture
shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not
exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5.
4. One additional parking space shall be provided that conforms to the off - street parking
provisions of this Chapter.
5. The maximum gross habitable floor area (GHFA) of the accessory residential stricture
shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size
is equal to or greater than ten acres in size. An SUP is not required for such an accessory
residential stricture where the lot size is equal to or greater than ten acres.
L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional
animals may be added at a rate of one per each acre over three.
L(14) = Uses are limited to no more than ten thousand (10,000) square feet of gross floor area.
L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific
Use Permit.
L(27) = Must comply with the provisions of Subchapter 19, Gas Well Drilling and Production.
L(37) = Five (5) -acre minimum land area required and no more than twenty -five (25) kennels
per acre allowed, including indoor and outdoor runs. A natural buffer strip is required adjacent
to any residential use.
L(38) = Must meet the requirements of Section 3 5.12.9.
In terms of development standards, the two districts are different. The NR -3 district allows for
increased density, smaller setbacks, and increased lot coverage as shown in the chart below. Per
the current NR -2 zoning up to 150 homes may be built on the proposed. If approved, the zoning
amendment would allow for 113 additional single family homes to be constricted, totaling 263
homes. These homes would have smaller lot sizes than if developed under the current zoning.
General Regulations
� (Existing) ...
For subdivision greater than 2 acres
Maximum density, dwelling units per acre
2
3.5
Minimum side yard for non - attached
buildings
10 feet
6 feet
For all buildings
Maximum lot coverage
30%
50%
Minimum landscaped area
70%
50%
Maximum building height
40 feet
40 feet
Maximum WECS height
55 feet
55 feet
The Denton Development Code lists the criteria for approval of a zoning amendment in
Subchapter 35.3.4.13. The applicable criteria and analysis are provided below. Staff reviews
applications and makes a recommendation based on these criteria.
1. The proposed rezoning conforms to the Future Land Use element of The Denton
Plan.
The Future Land Use element of the Denton Plan is Neighborhood Centers. The purpose
of the Neighborhood Centers Land Use is to preserve and protect existing neighborhoods
and to ensure that any new development is compatible with existing land uses, patterns,
and design standards. All Neighborhood Residential and Neighborhood Mixed Use
zoning districts can be compatible within this future land use category.
There are several goals identified in the Future Land Use Plan for Neighborhood Centers.
Goals relevant to this project are listed below:
Land Use Element Goals
Does this project
Explanation
address the goal?
Balance and variety among
Yes
The proposed rezoning would
various styles, types, and
provide smaller lot residential
prices of housing.
tracks to balance larger lot
residential tracks.
Average city -wide single
No
The proposed rezoning would
family density of 3 units per
increase density on this track to
gross acre.
greater than 3 units per acre;
however, it is a small portion of
the City.
Encourage new development
Yes
Though existing residential
to be adjacent to existing
development is not directly
development
adjacent, it is in close proximity.
Higher densities where
Yes
Infi°astructure is available as
infrastructure can support and
discussed below and the site is
near jobs, schools, shopping,
adjacent to a school.
and cultural centers.
Increase the percent of owner
Yes
New single family homes are
occupied dwellings to 60
generally owner occupied
percent.
Per the Denton Plan Future Land Use Element, there are four criteria to determine
appropriate site - specific residential densities;
• Design quality - The rationale for this requirement is with higher density additional
attention to design is a necessity to preserve quality of life and property values. If the
property is rezoned requirements in the Denton Development Code will influence the
design of the subdivision.
• Adequacy of public provisions - The addition of up to 113 single family homes will
put added pressure on utilities. However, as addressed below there are adequate
sewer, water, drainage, and street facilities.
• Amenities provision — Similar to design quality, additional attention is a necessity to
preserve quality of life and property values with increased density. Amenities
required by the Denton Development would be provided. For example, park fees
would be collected at time of platting, as explained below, to augment park services.
• Compatibility with existing neighborhoods — South of the railroad and to the East of
the subject site are neighborhoods and tracts zoned Neighborhood Residential — 4
(NR -4), however, north along Ryan Road residential lots are generally one to three
acres in size. The overall density proposed is between the existing NR -2
development to the north and NR -4 zoning and developments to the south and east
and may provide a transition in gross density between these districts.
Based on meeting a majority of applicable goals in the Denton Plan and addressing the
four criteria to determine appropriate site specific density, the proposed rezoning
conforms to the Land Use Element of the Denton Plan.
2. The proposed rezoning facilitates the adequate provisions of transportation, water,
sewers, schools, parks, other public requirements and public convenience.
It is anticipated that the existing public utilities, other public requirements and public
convenience are adequate to serve the proposed residential development, with required
improvements. Staff from building inspection, wastewater and water engineering,
development review engineering, fire, planning, parks, and real estate
departments /divisions have reviewed the application and concluded adequate services are
available, details are presented in the findings -of -fact. Required improvements and fees
will be further evaluated at the time of platting.
There are adequate school resources to serve the potential future population should the
rezoning be approved. Using standard industry multipliers, this development can expect
to add 98 elementary school students, 42 middle school students and 27 high school
students to the Denton Independent School District (DISD) system. While many DISD
schools are near capacity, the adjacent Wayne Stuart Ryan Elementary School currently
has 579 students and was built to handle 700 students. In addition, the district is
constricting a new elementary school near Lantana, and the district is having bond
election next year for additional school development. In speaking with DISD
representatives, there are no concerns about school capacity related to the proposed
rezoning.
Findings of Fact
1. The request is for a zoning change on approximately 73.3 acres of land from
Neighborhood Residential 2 to Neighborhood Residential 3. This would increase the
potential number of single family lots from 130 to 263. This potentially increases the
total number of homes by 113.
2. There are currently 7,42 7.828 acres in the City zoned NR-2 and 3,810.764 acres zoned
NR -3. This change would reduce NR -2 zoning to 7,352.528 acres and increase NR -3
zoning to 3,886 06 l acres. This represents a one percent reduction in NR -2 zoned land
and a 2 percent increase in NR -3 zoned land
3. The current future IaYld use catego� y oYl the p�'operty is Neighborhood C'enter's. No
change is required to the Future Land Use Plan.
4. Prior to the 2002 city -wide rezoning, the Site was zoned Agricultural District (A).
3. Per the Denton Plan Future Land Use Element, balance among various styles, types, and
prices of housing is a goal and variety of housing styles, types and prices are
encouraged
6 Per the Denton Plan Future Land Use Element, the average city -wide single family
density should be 3 units per gross acre.
7. A Residential Land Use Location Strategy in the Denton Plan is to "encourage all new
development to be contiguous to existing development. "
8. The purpose cf the Neighborhood Residential land use is to preserve and protect existing
neighborhoods and to ensure that any new development is compatible with existing land
uses, patterns, and design standards.
9. Per the Denton Plan Future Land Use element, the four criteria to deteruzrYle appropriate
Site - Specific residential densities are;
• Design quality, - The rational is with additional density more attention to design is
required to preserve quality cf life and property vahies. If the property is rezoned
requirements in the Denton Development Code will influence the design of the
subdivision.
• Adequacy of public provisions, - The addition of 113 single family homes will put
added pressure on utilities. However, there are adequate sewer, water, and street
facility.
• Amenities provision, and Similar to design quality, if then amenities required by the
Denton Development would be provided For example, park fees would be collected
at time of platting as explained below.
• Compatibility ij)ith existing-neighborhoods South of the railroad and to the East are
neighborhoods of similar density, however, north along Ryan Road residential lots
are larger. The density proposed is between the existing NR -2 to the north and
Neighborhood Residential 4 to the south and east.
10. The site is not platted Preliminary and final platting is required prior to ally
additions improvements to the property and prior to the issuance q/ 'building permits.
11. According to the Mobility RoatAmy Plan, Creekdale Road is planned to be a Collector
Street that runs through this site and will be built with this development.
12. Land uses within '4 Mule radius of the Site include an elementary school at the north east
corner of the site, large lot residential to the north of the site across Ryan Road, NR -2
zoned and developed residential uses to the northeast, a gas well to the west, agricultural
to the east, and a storage or industrial type site to the south.
13. Adjacent zoning districts include NR -2 to the north, Extraterritorial Jiurisdiction (ETJ) to
the east and south, NR -2 to the direct west, and Community Mixed Use General
and Neighborhood Residential 4 (NR-4) to the southwest - on the opposite side of the
railroad
14. The site has two Environmentally Sensitive Area (ESA) designations. An ESA Stream
Buffer runs generally north to south through the middle of the site on the southern
portion. Generally covering the same area as the stream buffer and extending northward
is an ESA floodplain.
15. Development of the ESA designated areas is subject to Sections 35.17.8 and 35.17.9 of
DD C.
16 With the permitted gross density under the proposed zoning district and area reserved for
jloodplain and ESA individual lot size will be reduced to approximately 0. 18 acres or
less.
17. Per the fire code remote access requirements, the existing frontage on Ryan Road will
not provide sufficient distance between access points. The required access point will be
required at the time of'platting and is required regardless if the property develops as NR-
2 or NR -3.
18. Using standard industiy multipliers, this development can expect to add 98 elementary
school students, 42 middle school students and 27 high school students to the DISD
System. The adjacent Wayne Stuart Ryan Elementary School currently has 579 students
and was built to handle 700 students. DISD does not have concerns about this
development burdening school capacity.
19. The Kansas City Southern Rail Line runs adjacent to the site's eastern property line.
20. Adequate roadway capacity exists on Ryan Road for the increased number of homes and
trips per day generated by this zoning change. A Traf frc Impact Analysis 11)ill be required
at the trine of platting to ensure no additional improvements are required
21. Adequate seller Capacity is available via extending an offsite gravity main to the existing
?7 -inch gravity main along Hickoty (7reek.
2. Water is available ft'om the existing 12-inch main along Ryan Road Hoirever, it is
doubtf d that a single feed could adequately provide domestic and fire crater protection to
the proposed development. An offsite water main extension, to at least one of the
f)lloiring lines is required finless the applicant Can prove siifficient crater Capacity using
City approved models:
a. 8 -inch main along Blackberry Way;
b. 8 -inch main along Creekdale Drive;
C. 12-inch main along ,Sanders Road
Surrounding Zoning Designations and Current Land Use Activity:
Northwest:
Neighborhood Residential 2
(Agricultural and Single - Family
Uses)
North:
Neighborhood Residential 2
(Agricultural & Single - Family Uses)
Northeast:
Neighborhood Residential 2
(Single - Family Uses & Institutional)
West:
i
East:
Neighborhood Residential 2.
Communit -v Mixed use General
- -
Neighborhood Residential 4 & Extra
(Agricultural and Single - Family
Territorial Jurisdiction (ETJ)
Uses)
(Acreage with or without
Agricultural Use & Single Family
Uses)
Southwest:
South:
Southeast:
Neighborhood Residential 4
Neighborhood Residential 2 & Extra
(Farm & Ranch Improvements &
Territorial Jurisdiction
Extra Territorial Jurisdiction (ETJ)
Single Family Uses)
(Acreage with or without
(Farm & Ranch Improvements)
Agricultural Use &Industrial)
Source: City off)entor Geographical brformation System acrd site visit by Ow staff'
Existing Conditions:
A. The site is currently not platted and is developed with a gas well and frac -water pond.
B. Adjacent zoning districts include NR -2 to the north and west, Extraterritorial Jurisdiction
(ETJ) to the east, and NR -2 to the south.
C. Land uses within 1/4 mile radius of the site include an elementary school at the north east
corner of the site, large lot residential uses to the north of the site across Ryan Road and
west, 1/3 acre residential lots to the northeast and east, smaller -lot single family lots to the
east, a gas well to the west, agricultural to the east, south, and west, and a storage or
industrial type site to the south.
D. The Kansas City Southern Rail Line runs adjacent to the site's southwest property line.
Comprehensive Plan:
The site is currently located within a Neighborhood Centers Future Land Use designation. Per
the Denton Plan Land Use Element ideals for new neighborhood centers are described below:
Neighborhood Centers are within the undeveloped urban and urbanized areas of the city,
new neighborhoods may develop in traditional patterns. Mixed -use and mixed housing
types will be allowed to develop in a pattern of "neighborhood centers ". These are
oriented inwardly, focusing on the center of the neighborhood. These neighborhoods
exemplify the interrelationship between quality of development, density, services and
provision for adequate facilities. These developments should locate the center of the
neighborhood within a five to ten minute walking distance from the edge of the
neighborhood. The center contains uses necessary to support the surrounding
neighborhood. These support services could include service oriented retail such as a
small grocery, hair salon, dry cleaner or small professional offices. Residential uses may
occur at higher densities with townhomes or residential flats above service- oriented uses.
Open space occurs in neighborhood centers with park uses including central
neighborhood greens and floodplain preservation. Civic uses such as fire stations,
schools, libraries, and mass transportation nodes are encouraged to be essential elements
of neighborhood centers as landmarks that are a focus to the neighborhood. Limited
multistory development in the neighborhood may be developed to incorporate shops on
the ground floor and offices or residences on the upper floors.
Zoning Allocation:
This rezoning request moderately affects the zoning allocation of the NR -2 and NR -3 zoning
districts throughout the City as shown in the table below. The change in acreage roughly
represents a one percent reduction in NR -2 zoned land and a two percent increase in NR -3 zoned
land.
Zoning Allocation
Zoning District
Current Allocation (acres)
Proposed Allocation (acres)
NR -2
7,427.828
7,352,528
NR -3
3,810.764
3,886.064
Nearest Fire and EMS Station
Name of Station Approximate Distance
From Subject Property
Fire/EMS Fire Station 46 2.7 miles
Source: 00) ofDerztoz GIS
Anticipated Water, Wastewater, and Stormwater Demand:
A. Estimated Demand:
Subject Property
Estimated Impact Analysis
75.3 ± acres
Proposed Demand
Adequate to Serve es or No
Permitted Density
3.5 units /acre
Yes
Potable Water Consumption (GPM)
394 (peak domestic)
Yes
Wastewater Generation (GPM)
293 (peak)
Yes
Storm water Demand (CFS)
1 353 cfs
Yes
B. Available Capacity: Water is available from the existing 12 -inch main along Ryan Road.
However, it is doubtful that a single feed could adequately provide domestic water and fire
water protection to the proposed development. Unless the applicant can prove existing
capacity at time of platting using City approved models, an offsite water main extension is
required, to at least one of the following lines:
a. 8 -inch main along Blackberry Way;
b. 8 -inch main along Creekdale Drive;
C. 12 -inch main along Sanders Road.
Sewer is available via extending an offsite gravity main to the existing 27 -inch gravity main
along Hickory Creek.
C. CIP Planned Improvements: None.
Roadways /Transportation Network:
A. Estimated Demand:
Subject Property
Estimated Impact Analysis
75.3 ± acres
Proposed Demand
Adequate to Serve es or No
Permitted Density
3.5 units /acre
Yes
Average Annual Daily Trips
(AADT)
2,522
Yes
PM Peak Hour Trips
269
Yes
AM Peak Hour Trips
203
Yes
B. Available Capacity: Ryan Road is currently a 2 -lane rural undivided highway. As such,
Ryan Road can serve up to 9,400 vehicles per day. Traffic counts from a four -day period in
2012 show an average of 1,398 westbound trips per day and 1,798 eastbound trips per day.
There is currently capacity for an additional 6,204 trips per day. This is more than enough
capacity to serve the proposed development with the existing road.
C. Roadway Conditions: Ryan Road is classified as an unimproved perimeter street along
property frontage. This development is responsible for constriction of 28 -feet wide concrete
pavement, 5 -foot wide sidewalk, curb and gutter, and required drainage improvements along
Ryan Road frontage. Signal cost participation is required for the intersection of Ryan
Road and Country Club Road. A traffic impact analysis (TIA) is required upon platting to
determine need for right/left turn lanes into the development along Ryan Road.
D. CIP Planned Improvements: There are no planned CIP Improvements within vicinity of this
development.
Environmental Conditions:
There are two types of Environmentally Sensitive Areas (ESAs) on the subject property;
undeveloped floodplain and riparian buffers. Any proposed development would be subject to
Sections 35.17.7 and 35.17.8 of the Denton Development Code. Limited development is
allowed in undeveloped floodplain areas and riparian buffers on the subject property. The
increase in density associated with the proposed zoning change would allow increased lot
coverage, additional lots and associated pavement, resulting in increased rainwater runoff.
Preservation of ESAs and adequate conveyance of runoff will be evaluated at time of platting
and any needed mitigation measures will be enforced at that time.
Electric:
Electric service will be provided by Denton Municipal Electric (DME). DME representatives
have reviewed the proposed zoning change and provided comments to the applicant. There are
no issues with provision of services.
Parks:
There are several parks near the subject property that will be adequate to provide services to
residents. The property is 3,100 feet from Cross Timbers Park, Bent Creek Park and Lake Forest
Park. It is also 7,600 feet from South Lakes Park.
• Cross Timbers Park is a 70 acre multiple node neighborhood park that offers 1 basketball
court, 10 benches, 1 bridge, 2 drinking fountains, 6 grills, 1 pavilion / outdoor learning
classroom, 8 picnic tables, 2 playgrounds, interpretative signage, 1.17 miles of hard
surface trail, 0.75 miles of soft surface trail, and one sand volleyball court and 0.5 acres
of fishing opportunities along with convenient access to US Army Corp of Engineer
property.
• Bent Creek Park is a 21.47 acre natural area and is currently undeveloped but offers
opportunities to observe wildlife in the riparian a setting.
• Lake Forest Park — is a 6932 acre community park that offers 12 benches, 2 drinking
fountains, 2 pet drinking fountains, 3.8 acres of dog park with three separate areas, 6 dog
waste stations, 1 community message board, 56 concrete parking spaces, 3 picnic tables,
1 playground, interpretative signage, 0.47 miles of hard surface trail, 1.42 miles of soft
surface trail, and 11 acres of fishing opportunities.
• South Lakes Park is a 187.29 acre community park a half court basketball court, 29
benches, 4 bridges, 2 drinking fountains, 12 grills, 2 pavilions, 78 picnic tables, 1 practice
football, soccer, and rugby field, 1 restroom, 1 large destination playground, 147 concrete
parking spaces, 2 tennis courts, 3 dog waste stations, interpretative signage, 237 miles of
hard surface trail, 0.85 miles of soft surface trail, and one sand volleyball court and 8
acres of fishing opportunities in 2 lakes (The lake closest to Hobson Road is stocked by
TPWD every 2 weeks with Trout from Nov to February and Channel Catfish March
through October) and one fishing pier, 2 community message boards
The Parks Department will collect 915 and 916 fees to improve existing park infrastructure.
New parks are not planned for this area in the area unless there is a significantly inexpensive,
undevelopable lot or foreclosure in the area that makes the best economic sense for the City to
acquire. The 915 fees will be due at the time of platting and are in -lieu of parkland dedication.
Based on 245 units x 2.5 acres per 1000 people x 2.8 people per unit, they project will owe the
equivalent of 1.715 acres to the Parks Dept for the 915 fees. The fee in lieu of land will be
decided based on property values and discussions with the parks department. The 916 fees
would include $291 per unit estimated to total $71,295 which would be due incrementally when
each building permit is issued.
Recommendation
The Development Review Committee finds that the request IS CONSISTENT with the general
character of the area and IS CONSISTENT with the Denton Plan.
Based on the criteria in the DDC and the findings -of -fact, the Development Review Committee
(DRC) recommends APPROVAL of Z13 -0006.
On September 25, 2013 the Planning and Zoning Commission voted 6 -1 to recommend
APPROVAL of Z13 -0006 to City Council.
GENERAL NOTES
VOTE: Approval of this request shall not constitute a waiver or variance firom any applicable development
requirement unless specifically noted in the conditions of approval and consistent with the Denton
Development Code.
VOTE: All written comments made in the application and subsequent subrnzissions of information made during the
application review process, which are on file with the City ofDenton, shall be considered to be binding
upon the applicant, provided such comments are not at variance with the Denton Plan, Denton
Development Code or other development regulations in effect at the time of development.
Exhibit 2
Site Location /Aerial Map
51010 1,i FeeL
Exhibit 3
Existing Zoning Map
51010 1,inoo
FeeL
Exhibit 4
Proposed Zoning Map
51010 t FeeL
Exhibit 5
Future Land Use Map
1 500 1 000
=Per
Exhibit 6
ESA Map
]ESA Stream Buffe r 0 "3CIII) 165010
pp 100 Flooldpllain
Feet
Exhibit 7
Notification Map & Responses
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OPPOSED
NOTICE OF PUBLIC HEARING
Z1 3-000,6 1
The Plannung and Zoning Commission of the City of Menton will hold a puibluc hearing on Wednesday,
September 25, 2013 and consider making a recommendation on to the City Council regarding a rezoning
frorn a Neighborhood Residential 2 (NR -2) zoning district to, a Neighborhood Ressidlientual 3 (NR-3)
zomnag district on approximately 75:3 acres. The subvert property is generally located) on the soutth of
Ryan Read, north of the Kansas Ciity Southern Railroad, approximately 9510 feet east of IF(V111830 and
approximately 600 feet wrest of Forrest IRid'ge (Road'.
The public hearing Will start at 6.30 p.m. in the City Council Chambers of City H'alll located at 215 I .
McKinney Street, Benton, Texas. Because you own ,property within two hundred (200) feet of the
subject properly, the Planning and Zoning Commission wouid tike to hear how you feet abeam this
request and invites your to attend the pubfic hearing. (Please, in order for your cplinion to be taken into
account, return this form rrwith your comments prior to the date of the public hearing. (This in no way
prohibits your from attending and patticipattrog in taro ;pubtic heoerir)g.) You may fax it to the number
located at the bottormi or mail it to the address below or drop it off ln- person:
(Planning and Development Department
Attn: Michelle Burry, Project Manager
2211 N. Elm ST
(Denton, Texas 76201
These Forms are used to calculate the percentage of landowners that support and oppose the
request. The Cormrmissiom its informed of the percent of responses in support and in opposition,
please circle one:
In favor of requu!V Neuttrall to request Opposed to retlu�iest
(Reasons for Opposition:
Sugna� ur����..��
Printed Name:
Mading Address:!
City, State zip:
Telephone Numbeir: „
(Physical Address of Property within 200 feet: IL/ "-'r
i � r•��� -f ��;f �
CITY OF NDE N"Ir O , TEXAS CITY HALL VV 'Y" - D N"rON. TEXAS 76201 • 940.349S541 (F) 94,0 349,77017
. . . . . . . ... . . .......... .......... .... . ............. . ..... . 111.1 ........... . .. . ..... . .. J..
NTICE OF PUBLIC HEAR
O ING
Z 13-0006
The Planning and Zoning Commission of the City of Denton vAll hold a pub[ic hearing on Wednesday,
September 25, 20,13 and consider making a recommendation to the City Council iregarding a rezoning
from a Neighborhwd Residential 2 (fJR-2) zoning district to a Neighborhood Residential 3 (NR-3)
zoning district on approximately 75,3 acres. The subject property is generally located Oil the south, of
Ryan Road, north of the Kansas City Southern Railroadl, approximately 9,50 feet east of FMI830 and
approximately 800 feel west of Forrest Ridge Road.
The public hea0ng will start at 6:30, P.m. in the City Counal Chambers of City Hall located at 215 E
McKinney Street, Denton,, Texas. Because you own pa4wrty within two hundred (2 00) feet of the
subject propeily, the Plannfng and Zoning Commission wouldlike to hear how you feel about this
request and invites you to attend the public heafing. Please, in order for your opinion to be taken into
accounit, return this form, vAll-lyour comments prior to the date of the putillic hearing. (This in no way
prohibits you from attending and paiticipaling in the public hearing.) You may tax it to the number
Alocated at the bottom or mail it to the address below or drop 4 offin-person;
Planning and Development Department
Attn: Michele Berry, Profile Manager
2211 N. Elm ST
Denton, Texas 76201
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission, is informed of the percent of responses in support and in opposition.
--ol— Please circle one:
In faw of req Opposed to request
Neutral to request
Rea oWWr'0ppvwifion:
Signature:
Printed Name:
Mailing Address,
City, State Zip:
Telephone Number
Physical Address of
within 200 feet
CITY OF 004T43N, TEX4S CITY HALL WEST,- DENTON, TEXAS 76201 - 940-349,8541 • (F) 940,340,7707
Poo P&Z Nobee,
NOTICE OF PUBLIC HEARING
Z1 3.000•
The Planning and Zoning Commission of the Ciity of Denton will hold a public hearing on Wednesday,
September 25,, 2013 and consider making a recon'irriendation to the City Council regarding a rezoning
from, a Neighborhood Residential 2 (NR-2) zoning dIstirict to a Neighlborhood Residential 3 (NR-3)
zoning district on approximately 75.3 acres. The subject property is generally located on the south of
Ryan Road, north of the Kansas City SOUthern railroad, approximately 950 feet east of FMI830 aind
approximately 800 feet west of (Forrest Ridge Road,
The public hearing will start at 6:30 pmi, in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas, Because you own property within two tI(jndred (2010), facet c)f the
subject property, the Plannif7q and Zoning Commission would like to hear how you feet about this
request and invites you to attend the, pubfichearing, Please, in order for your opinion to be taken, into
account, return this form with your comments prior to the date of the public hearing. (This in no way
prohibits you from attending and participating in the public hearing) You may fax it to the inumbeir
located at the bottom or mail iit to the address below or drop it off in-person:
Planning and Development Department
Attn: Michele lBerry, Project IManager
221 N. Elm ST
Denton, Texas 762011
These forms are liked to callculate the percentage of landowners, that support and oppose the
request. The Commission is informed of the percent of responses in support andi in opposition.
In favor of req uest,,,1
Please circle one:
Neutral to request Opposed to request
Reasons for Opposition.
. . . . ...............
Signature'.
Printed Nairne�
Mailing Adldress::
City, State Zip:
Telephone Niumbeir,
Physical Address of
CITY OF DENTON, TEXAS CITY HALL WEST IDENTON, TEXAS 7620 1 - 940.349.8541 • i(F) 940,349,7707
N�O�TI�CIE OF PUBLI�C HEARING
ZI 3-0006
The Planning and Zoning Commission of the City of If enton wolll hold a pubfic hearing on Wednesday,
September 25, 21013 and consider making a recommendation to the City Counicilll regairding a rezoning
from a Neighborhood Residential 2 (NR-2) zoning district to, a Neighborhood ResJdeintiall 3 (NR-3)
zoning district on approximateiy 75.3 acres. The subject property is generally located on the south of
Ryan Road, north of the Kansas City Southern Raillroadi, approximately 950 feet east ofFM183,0 and
approximately 800 feet west of Forrest Ridge Road.
The public heariing will :start at 6:30 p.m. in the City Council Charribers of City Hall Ilocatedl at 215 E.
McKinney Street, Denton, Texas., Because you own property within two hundred (2010) feet of the
subject property, the Planning and Zoning Clornmission would fiko to hear how YOU feel about this
request and invites you to attend the public hearing. Please, in order for your opinion to be taken into
account, retuirn this form with your comments, prior to the date of the public hearing. (This in no way
prohibits, you from attending and participating in the public hearing.) You miay fax it to the number
located at the bottom or mail it to the address below or drop it off in-pursom
Planning and Development Department
Attn: Michele Berry, Project Manager
221 N. Elm ST
Denton, Texas 76201
These forms are used to, calculate the percentage of landowners that support and oppose the
request The Commission is informed of the percent of responses in suppoirt and in opposition.
Please circle one:
In favor of request Neutral to request posed , t re"-q '16—e,
CO P
Reasons for O, osition
. . . I . .... ...
0�0 6 CLI"Cl-L-1 A,J
e('
k4kd'j.4".'
Signature;
. ........................... . ......
.
Printed Nlarne:
............
Maii1ing Addiress.
City, State, Zip:
Telephone Number:
Physical Address of Property within, 200 feet:
CITY OF DENTON, TEXAS CITY HALL WEST - DENTONI, TEXAS 76201 • 940,349,8541 • (F) 940.349.7707
NOTICE F t PU LI - CIE RING
Z1 3-0006
The Planning and Zoning Commission of the City of Denton wili hold a public hearing on Wednesdlay,
September 25, 2013 and consider imaking a recommendation to the City Council regarding a rezoning
from a Neighborhood Residential 2 (NR -2) zonincf district to a Neighborhood Residential 3 (NR-3)
zoning district on approximately 75.3 ache's. The subject property is generally located uain the south of
Ryan Roadl, north of the Kansas 'City Southern Railroad', alpproxirbately 950 feet east of FM 1830 and
approximately 800 feet west of Forrest Ridge, React,
The public hearing will start, at 6:30 p.m. iin the City Council Chambers of City Hall located at 215 F,
twticKinney Street,, Denton, Texas. SecauAse you own property within two, hundred (00) feat of the
su. bje,c;t properly, the Planning and Zoning Commission wvou i d hddce to hear how you feat about this
request and invites you to attend the public hearing Please, in orc w for your opinion to be taken into
account, return this farml with your comments prior to the date of the public hearing. (This in no way
prohibits you from attending and participating in the public hearing.) You may fax it to the number
located at the bottom or main it to the address below or drop it off in- person:
Planning and Development Department
ttn; Michele Berry, (Project, Manager
221 N. Elm ST
Denton, Texas 76201
"these forms are used to calculate the percentage of landowners that support, andi oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
Pllease circle ono:
In favor of request Neutral to request Opposed to request
.. _ ....
Reasons for Opposition u
A-) o
lk ;u ...
(
WJ
�j
ILI
Signature",
mm.
v.
w.mm ,
Printed Mdlarne
Mailing Address:'
City, State Zip
Telephone Number: �1' °-w_ fug of f ...
Physical Address of Property within 299 feed. ...
CITY DENTON, TEXAS 01'Y HALL '6 r - DENTON, TEXAS 76201 • 940.34 ,8541 • dF) 9, 4 7.349.'7707
Exhibit 8
Applicant's Project Narrative
Zonina Chanae Praiect Narrative
Location:
601 W. Rvan Road: south side of Rvan Road. west of and adiacent to WWavne Stewart Rvan
Elementary School
To change the zoning and develop the grooerty in a manner that is sustainable. comoatible. and
marketable with surrounding existing uses and current market forces.
Existina and Pr000sed Land Use:
Existing Zoning: NR -2
Proposed Zoning: NR -3
Existing Plat(s): No Plats exist for the orooerty;
Acreage: 76.3 acres +I-
Land Characteristics: Property is bounded on the West by agricultural use and railroad right of
way. on the South by a commercial use. to the East by the elementary school and vacant or
agricultural land. and on the North bv' Rvah Road and an elementary school.
A half- section of Creekdale Drive (a future Collector) is constructed adiacent to the orooerty
along the west side of the elementary school and connecting with Rvan Road (a future
Secondary Maier Arterial).
A gas well site exists in, the northwest portion of the orogerty.
Per Citv mans. ESA is located cry the orooerty. mainly in the form of undevelooed floodolain and
rioarian buffer,
Existing Uses . Vacant f Agriculture / Gas Well
Proposed Uses: Aonroximately 260 single family residential lots are being or000sed. Pr000sed
gross density is less than 3.6 units / acre. Setbacks from the existing gas well Der Citv standards
are or000sed. ESAs in the form of Floodolain exist on the subiect tract. These areas are to be
integrated into the desian and. for the most mart. Dreserved as open space and used for gassive
recreational use. Other area adioinino the ESA. and floodolain will also be dedicated as oxen
soace to suDDort community amenities that cannot be located within ESA and floodolain. At this
time it is assumed the City will not desire oublic Dark land dedication. and therefore all openi
soace and amenities that are Drovided to serve the community will be Drivatelv owned and
maintained by a mandatory homeowner's association (HOA).
Phasing and Proposed Access: Two (2) or more Dhiases of development are anticipated with
access from existing Rvan Road (a future Seconidary Maier Arterial) via the widened and
extended Creekdale Drive. and at least one additional residential street connecting to Rvan
Road as recuired to satisfy "remote access"' rules. Other roads. including the extension of
Creekdale Drive to the south i boundary of the nrooertv in accordance with the Denton, Mobility
Plan. will be extended to the oerimeter of the orooertv in order to orovide for circulation and
connectivity with the future develoomenit of adiacenit land.
Existing Utilities: Utilities in the form of City water. san,itary sewer and electric exist to the north,
of the oroDertv. along Rvan i Road.
Proposed Utilities: Water will be orovided by connections with the existing 12 -inch i lime located
in Rvan i Road. If modeling (to be nerformed at time of finial alattinia and design) indicates that
additional "l000inia" of the system in the vicinity of the orooertv is reauired. then offsite water lime
extensions will be Dr000sed and reauired easements acauired accordingly. Notwithstanding the
possible need for local looping. the existing water system in the area is adequate to serve the
Droiect as oroDosed. If indeed looDina is reouired. such art i imorovemenit is likely needed
reaardless of the or000sed zoned chance and a condition, that will eventually need to be
resolved as the surrounding area develoos.
Sewer will be orovided by connecting offsite to,a,large trunk lime located in the Hickory Creek
floodolain to the south,. The nr000sed oroiect and zone change will have a n,ealioible imnact on
the capacity of the trunk lime. which is adequate at this time.
Existing T000araohiv and Draineae: A very slight ridoe exists in the middle of the DroDertv
stretchinio north to south. The site drains from this high i Doinit. east and west to floodelainis that
then flow southerly. The existing elementary school drains its detention oond to this tract thiat
then, drains into the eastern floodelain. The existing slopes are comearativelv aenitle and well-
suited for the Drooesed'oroiect.
Proposed ToDoaraohiv (Grading) and drainage: Onisite cut-fill is oroDosed in order to arade the
site for single - family uses. The or000sed arades will conform aeneraliv to existing slopes and
Datternis. and extensive cuts and fills are not anticioated. The Dr000sed hivdroloav will be Daved
or covered consistent with uses and intensity of develooment within the NR-3 district. drainage
systems will be enclosed conduits out - falling into the or000sed floodolain i open i soace.
Pr000sed Mitiaation Measures for Nuisance Abatement:
Control of noise. odor. fumes. dust. and lighting. and sufficient landscaping and screening
created by the develooment will be accomolishied with reouired. and if necessarv. enhanced
technioues and methods to be determined at the time of platting and desioni. Nuisances. if aniv.
are not anticioated to be exacerbated or sianiificanitiv different from the existing zoning as a
result of the or000sed zoning chanoe.
It is anticipated that the or000sed uses and development on the tract will be consistent with and
in accordance with all reauirements of the DDC.
Imoact of the Pr000sed Chanae On:
a. The Goals and Obiectives of The Denton Plan: The or000sed zone change will adhere to
the aoals and obiectives of The Denton Plan by matchiin'a,the Future Land Use Element.
and by oreservinia worthiv natural resources and foature's. No nieaative imoacts to the
acals and obiectives of the Deniton, Plan, will be realized due to: the relatively minor
change in the or000sed zoning cornoared to the existine zoninia.- the relatively limited
area of chanoe: and the abundance of surrounidina unidevelooed land and ETJ area that
will be annexed and developed in the future orovidina or)oortuniitv for the area to evolve
and adiust over time in response to market forces. Furthermore. The Denton Plan
encouraues a mix of housing and the area of the proposed oroiect is dominated by NR-2
zoniinia districts. The area south, of Ryan, Road and in close proximity to the Dr000sed
nroiect includes existing NR-3 and NR -4 zoning. This fact. along with the oresenice of the
school campus. railroad. collector and arterial roadways adiacenit to and through i the
orooertv and a large amount bUolanned ooen, soave. all support the oroDosal to develop
the nronertv with sliahitiv areater denisitv.
0
the Future Land Use Element of The Deniton, Plan,.
The or000sed zone chanoe matches
c. The Balance of Land Uses in the City: The balance of Land Uses in the Citv will not be
altered as a result of the or000sed zone change. The number of single- family residential
units that can Dotentiallv be develooed will increase slightly. However. because of the
relatively limited area of chanoe. and minor change in allowed density comoared to the
existing zonind. the increase is neoliaible and not measurable in the context of The
Deniton, Plan,.
d. Adeouate Public Facilitv Elements of The Deniton, Plan, and How the Change Will Effect
the Provision of Services Anticipated in The Denton Plan: Because of the relatively
limited area of chance. and minor change in allowed density compared to the existino
zoning. the or000sed zoning chance will have a neolioible imnact on the services
provided by the Citv. DME. the D.I.S.D.. and other services anticipated in The Denton
Plan.
a. The existina land use pattern surroundina theoroi)ertv and the possible impact on
existino or future development or uses are in accordance with existino raoulations: The
surroundino mix of future uses are compatible or the same as the uses or000sed on the
tract. Namelv. other residential uses and an elemenitary school which is,best located
within or adiacenit to residential communities. Adeauate adiacenev rules and reaulationis
exist related to oas wells and residential uses. and will be complied with,. Furthermore.
the change of zoning does not materialiv alter. comDound. diminish. or exacerbate aniv
oerceived adiacenicv issues that miahit alreadv be oresent, with the existino zoning.
b. The oossibie creation rut an isolated district unrelated to adiacent and nearby districts:
This will not occur as the oroDertv is bounded by a railroad. a future arterial roadwav and
future uses and districts similar to that oronosedfor the oronertv.
c. The 000ulation density in order to
water. sewer. schools. narks. oubi
area of oronosed chance is not lat
increase the Dormlation enouahIf(
the orovision, of services related to
will add to the arterial roadwav net
properties and population arowth, i
gte,,Ihe attenuate otovision of transoottation.
wenionce. and other oublic recuitements: The
ouah. and the chance in allowed density will not
rthan 400 persons). to create neaafive imoacts on
)ulationi. Furthermore. the oronosed development
-k and will extend new utilities that will serve other
e area.
d. The cost to the city and other oovernmental entities in otovidina. imorovina. increasina. or
maintaining out lic utilities. schools. streets and other oublic satetv measures: The area
of proposed change, is not laroe enough. and will not increase the 000ulation enoughi
(fewer than 400'oersong). to create neoative impacts on the Drovision, of services related
to DoDulationi. Furthermore. the DroDosed development will add to the arterial roadwav
network and will extend new utilities that will serve other orooerties and population arowthi
in the area.
e. The oossible imoact on the environment. including but not limited to. drainage. soil
erosion and sedimentation. floodina. air aualitv and water Quantity: Nothing about the
development proposed will imoact in the environment in a nieciative way. The proposed
T Lf,reserfe e
Code.
f. Whether there are substantial reasons why the orooertv cannot be used in accordance
with existino zoning or that or000sed by the Future Land Use Mao: The DroDosed zone
change and oroiect matches the Future Lend Use Mao. The density allowed with the
existing zoning for the oroDertv is lower than DroDosed and cannot su000rt the combined
cost of lend. infrastructure. and open soace imr)rovemenits reauired to deliver a
successful. sustainable community which i addresses current market forces. The
reauested zone change is comDatible with surroundina and adiacenit'Llses.
Exhibit 9
Applicant's Zoning Exhibit
vra NIITY MAP . _._.
Kelsee Traet.
(RYAN ROAD, DENTON, TEXAS
JULY, 2013
Exhibit 10
Site Photos
Exhibit 11
September 25, 2013, Planning and Zoning Commission Meeting Minutes
REGULAR MEETING
The Planning and Zoning Commission convened a Regular Meeting of the Planning and Zoning
Commission of the City of Denton, Texas was held on Wednesday, September 25, 2013 and
began at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time
the following items were considered:
Schaake called the Regular Meeting to order at 6:51 p.m.
4. PUBLIC HEARINGS:
Locldey introduced Michele Berry. Berry stated the purpose of this request is to rezone the
approximately 75.3 acres of land from a Neighborhood Residential -2 (NR -2) to a Neighborhood
Residential -3 (NR -3). Berry stated Country Club Road is planned to become a four -lane
Secondary Arterial, Creekdale Drive is planned to be a collector that will connect to Teasley
Road. Also, Ryan Road is planned to be a Secondary Major Arterial. Berry stated the proposed
zoning would allow for 3.5 units for maximum density. The minimum side yard would be 6 feet,
and the maximum lot coverage would be 50 %. Berry stated there were a few neighborhood
concerns, which are as follows: increased traffic, school overcrowding and increased density.
The applicant has met with the Principal of the neighboring elementary school and they stated
they have room for growth. Staff sent 17 Public Hearing notices to property owners within 200
feet of the subject site, and 12 courtesy notices to property owners within 500 feet of the subject
site. At this time staff has received (two) 2 in opposition and there (3) in favor of this request.
Berry stated there are two (2) criteria for approval based on the DDC; staff recommends
approval of this request.
Berry stated the density would be higher than existing on the north side of Ryan Road; however,
it would be compatible to the other existing areas. Bentley questioned the access points for the
proposed subject site. Berry stated they would have to use Ryan Road, and the other access point
is being determined, based on the separation of access points. Berry stated the applicant is
working with the neighboring school to use their access point as well. Conner questioned when
the expansion of Ryan Road and Country Club Road would take place; Escobar stated those are
Texas Department of Transportation roads; they are proposed for the next 2 -3 years.
Briggle questioned gas wells being permitted in an NR -2; Briggle also questioned Limitation 27
of the DDC; Leal stated those questions would need to be discussed in a Closed Session.
Schaake questioned the additional amount of houses that would be allowed with the NR -3 zoning
districts allowed density. Berry stated approximately 113 additional houses would be allowed.
Berry stated the applicant is present.
Bentley questioned the language used in the Development Review recommendation; Berry stated
she felt it was in compliance with the Denton Comprehensive Plan and the Future Land Use
designation.
Thomas Fletcher, Kimley -Horn and Associates, 5750 Genesis Court, Ste 200, Frisco, Texas
Fletcher thanked staff on their work. Fletcher stated there are no plans or intentions to add
additional gas wells onsite. Fletcher added the lots and distances meet the requirements of the
DDC. Fletcher stated he spoke with the Principal of the neighboring elementary school and they
are willing to work together. The school did have concerns in regards to the fence. Fletcher
stated the applicant has agreed to constrict a six (6) foot masonry fence between the perimeter of
the elementary school and the subject site. There would also be a four (4) foot chain link fence
installed along the eastern property line with the roadway connection. There would also be
sidewalks installed for access from the neighborhood to the elementary school; along with
bicycle racks. Fletcher stated there would be three (3) access points for the neighborhood to get
to Ryan Road. This proposed development would include several open green spaces and
amenities to preserve the area.
Schaake questioned the zoning of the Thistle Hills subdivision; Berry stated it is Neighborhood
Residential -4. The northern sites are zoned NR -2. Schaake opened the Public Hearing.
Kimberly Caples, 5500 Risks Road, Denton, Texas
Caples stated she would like more information on the home values of Thistle Hills subdivision
and the minimum square foot of the proposed houses.
There was no one else to speak on this item; Schaake closed the Public Hearing.
Berry stated the home values would be determined at a later date, and the square footage is not
something this Commission regulates. Bentley questioned a rough estimate of the lot sizes.
Locldey stated the average lot size would allow for a variety of home sizes. Taylor stated in
Subchapter 5 of the DDC, the minimum lot size is 10,000 square feet. Taylor added there could
be roughly 218 lots at 10,000 square feet each. Locldey clarified the regulation in Subchapter 5
of the DDC applies to subdivisions that are less than two (2) acres, so it is based on density.
Taylor thanked Locldey for clarifying.
Schaake stated the approximately 100 additional homes would add additional traffic and services
to the area and school. Berry stated after speaking with Denton Independent School District, their
representative did not foresee an issue with the proposed growth.
Commissioner Devin Taylor motioned, Commissioner Thom Reece seconded to approve this
zoning request. Motion approved (6 -1).
sAlegal \our documents \ordinances \13\713- 0006.doc
Exhibit 12
Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR -2) ZONING DISTRICT AND
USE CLASSIFICATION TO A NEIGHBORHOOD RESIDENTIAL 3 (NR -3) ZONING
DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 75.3 ACRES OF LAND
LOCATED ON THE SOUTH SIDE OF RYAN ROAD, APPROXIMATELY 950 FEET EAST
OF COUNTRY CLUB ROAD (FM 1830) AND 800 FEET WEST OF FORRESTRIDGE
ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AND PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE (Z13- 0006).
WHEREAS, Bob Shelton (Bob Shelton Enterprises) has applied for a change in zoning
on approximately 75.3 acres of land legally described in Exhibit "A" and depicted in Exhibit
"B ", attached hereto and incorporated herein by reference (hereinafter, the "Property "), from a
Neighborhood Residential 2 (NR -2) zoning district and use classification to a Neighborhood
Residential 3 (NR -3) zoning district and use classification; and
WHEREAS, on September 25, 2013, the Planning and Zoning Commission held a public
hearing as required by law, and upon conclusion of the public hearing, the Planning and Zoning
Commission adopted a motion that recommended approval (6 -1) of the change in zoning; and
WHEREAS, on November 5, 2013 the City Council held a public hearing as required by
law and finds that the requested change is consistent with the Denton Plan and the Development
Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference as true.
SECTION 2. The zoning district and use classification for the Property is hereby
changed from a Neighborhood Residential 2 (NR -2) to a Neighborhood Residential 3 (NR -3).
Notwithstanding the attached real property description, the property being rezoned includes all
property to the centerline of all adjacent street rights-of-way
SECTION 3. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
sAlegal \our documents \ordinances\1 3\z13- 0006.doc
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record - Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
sAlegahour docujnents\ordinances\1 3\713-0006.doc
EXHIBIT A
LEGAL DESCRIPTION
TRACT
PARCEL A
Being all that certain tract of land situated in Denton County, Te.3as, about hvo and one-half'n-dles'North
45 degrees
West of Altoii, patented to the heirs of James lWithers, Pat.IN-io. 440. Vol. 12, Abst. No. 1343, and
described as follows:
Beginning at a point in the East line of said Withers Survey 681 feet South of the Northeast corner of
said sun-ey;
Thence South along its East hn--- 987 feet to the. Southeast comer of the oriziml tract conveyed by Frahn
and wde to M_N_ Anderson by deed recorded in Vol. 13 1, Page 9=t. of the Deed Re-, orris of Denton
County, Texas;
Thence North 89 degrees and 45 minutes West with the South boundary line of said tract 2640 feet to the
Soudrarest
Thence North along the IV, est bound ary hue of ,aid tract. 9 74 fee to comer &-zein, being the S€ uthwest
corner of the tract set apart to the defendant Ram Anderson et al by the District Court of Denton Ccauv,
in Cause No. 9180, styledNIrs. Lula.Anderson -'-s Hans- Anderson, et al,
Thence East alms, the South boimdan- line 2640 feet to the Southeast corner, the Place of Bunning and
being the same land cone eyed.by &C. Stuart et al. to said Manin F. lViUs by deed recorded in Vol. 296,
Paze 60 of the Deed Records of Denton Counh,, Texas, and contahung 58.71 acres of land more or less.
and being the sane propexty de-scribed in a Warranty Deed dated March 3,1950 from A.C. Rasco and
urife, Annie Lee Rasco to H.M Pitner and wife, Marjorie Pitner, recorded in 'Volurne 356, Page 497.
Deed Record,, of Denton County, Texas.
SA-t, _ and OCCE PT those parcels o f land com, e. vd by Deeds recorded in Vo I tune '148., Pa gge X119,
Volume =133, 58, Xlohmw 884, Page -'! 8-4 and V olurne 4855, Page 312, Deed Record.-, of Denton
I Pace
County- Texas.
AND SAVE and EXCEPT the following tract of land:
Being a 7-09 acre tract of laud situatedd in the James, W_ Withers Siwm-y, Abstract No. 1343, City of
Denton, Denton County, Texas, being a portino, of that certain tract of Land described in deed to H.M.
Pitner and -"rife. Marjorie Pitner., as recorded in Voliune 156 Page 497, Deed Records of Denton County
and being more particularly described as follo-ars:
Coirmencin-_at the nmthwest comer of said Pitner tract. on the east line of Farm to h ,Lvket Road
No. 1830:
Thence North 89' 4602" East, a distance of24486 feet along the north line of said Pitner tract to a point
for the
sAlegaRotir documejits\ordinances\13\z13-0006.doc
northeast cc= of that certain tract of land described in Cause No- 4627 to Gulf, Colorado & Santa Fe
Railway Corn ny, from said point a found 1 -inch iron rod at the northeast co= of said, Piwer tract
bean Nordi W, 46 02" East, a distance of-') 161,84 feet-,
Thence South 338 5709" East. de-parting said north line, a distance of 72.14 feet along the northeast line,
of said Gulf, Colorado and Santa Fe. Railway Company tract to the Point of Beginriing mid Northwest
comer of die herein described tract-,
Thence North 89'46'02" East, a distance of 642-12 feet to the northeast corner of this tract,
Thence SoudiO2'27'23" East, a distance of 610.74 feet to a set t2-fiwh iron rod at an angle point in the
east line of this tract,
Thence Souffi 05' 23' 09" West,, a distance of 299.75 feet to a found 1;°? -inch iron rod at the southeast
corner of aforesaid Gulf. Colorado & Santa Fe Railway Conipany tract and the northwest comer of that
certain tract of land described in deed to Kelsoe & Riley. LLC_ as recorded in In--trument'INTO. 94-
R0073341, aforesaid Deed Record-,, being on the sau6lmee of aforesaid Pi trier tract and the south comer
of this tract. from which another found 1.12-inch iron rod at the southeast comer of said Pitner tract bear.
South 89' 45'00" East ( be-au-nig base from Deed 356-497), a distance of 1670.77 feet,
Thence North 330 5709" West, departing said south line, a distance of 269.40 feet along the aforesaid
northeast line of Gulf Colorado & Santa Fe Railway Cornpany tract to an angle point in the southwest
line of this tract;
Thence North 41815' 17" West, a distance of 196.69 feet, continuing along said northeast Railway line;
Thence North 33' 5709" West, a distance of 6-44.5-6 feet continuirq along, said northeast line to the Point
of Beginning and containing 308,889 square feet or 7,09 acres of land-
TF_A'CT I
PARCELB
.A11 that certain lot, tract or parcel of hand lying and being situated in Denton County, Texas, and being
put of the James W_ Withers SunTy, Abstract'No. 1343 and being a part of a certain 42 acre tract
conveyed by C.L Oliver, Receiver. to Earl H. Ryin, by deed dated July, 6, 19-11 of record in Volume 236,
Page 634, of the DeedReccids of Denton County, Texas, also being a part of a certain 25 acre tract of
land conveyed by .r8-M. Cogdell et ux to C-L McKelvey et ux by deed dated February 3, 1947. of record
in'Vollune 331. p -age ( 53 9, of the Deed Records of Denton Coimty. Texas. and bem_g more particul arh-
described as follows:
Begummg at the Northeast comer of said 25 acre tract conveyed by Cogdell to McKelvey.
Thence along
g the North line of said 25 acre tract 1067.5 feet more or less to a cross fence which rutu
North and South across said 25 acre tract,
Thence South along said cross fence, 661.1 feet to a point m the South boundary line of said 25 acre tract
Thence East along the South botmdan- line of said 25 acre tract-, 1067-5 feet mire or less, to the
Southeast corner of said 255 acre tract:
Thence North to the north boundan- line of said 25 acre tract. 661.1 feet, iwre or less to the Place of
Beg nnin& containing 15 acres of land. more or less, and being the same property described in a Warranty
Deed dated May 17, 1960. from C,L McKelv�,- and wife, Cecile Nell McKelvey - to H. M. Pitner,
recorded in V olunie 456, Page 384, Deed Pecords of Denton County- Texas.
SA%T_ and EXCEPT those tracts of land conveyed by Deeds recorded in Volume 484. Page 243, Deed
Records, of DentanCounty Teets, and Voliune4811, P Real Page Property Records ofBenton
County, Texas.
s:\Iegal\our docunients\ordinances\1 3\z I 3-0006,doc
VMS W" I
Being a 26.438 a c re tract of Land situated in the J. Withers S iuv, ey, Ab st rac, t No. 1343 in 1 De nt on Cou nh%,
Texas and being a part of that certain tract of land conveyed to Gordon Fry, as described by deed
recorded in Voluru 555_ p kee 343 of the Deed RL,,- ords o f Denton C o Laity, texas (D. R D. T ), and
being more particularly described as follows:
Begginning at a U2 inch iron rod found for the Northeast comer of the herein described tract, same point
bein-a at the Southeast comer of a tract of land conveyed to 'A4- It Pitner and w6e- Marjorie Pitner, as
descibed by deed recorded in Volume 356, Page 497, D.R-D.C-T., saw point being in the West line of a
tract of land conveyed to ItIan- Y-ithenne Eft bottom Beal, as described by deed recorded in Doc-un.-tent
,No. 2003-206782. of the Real fProperqr Records of Denton County Texas ( R.P.P.D.C.T), same point
being the V.est hue of the N.. Britton Stnvey- Abstract No. 51;
Thence South 01 degrees 00 minutes 00 seconds East along the Aest line of said Beal tract and said
Britton Sureey, a distaiice, of 607.20 feet to a 112 indi iron rod -with yellow cap marked ":Arthur Siuveying,
Conipaw" set for comer, same point being at the Northeast comer of a tract of land corneyed to Calvert
Pa -,ring Corp-, as described in deed recorded in Volume 1719, Page 924, R-P-R-D.C.T.;
Thence South 88 degrees 52 niinutes 51 seeconds- VVe:t, along the North line, of said Calvert Paving Corp.
tract a distance of 660.00 feet to a 1 f2 inch iron rod xvith yehow cap marked "Arthur Survey ,
Con:4)any" set for comer
Thence South 01 degrees 00 minutes 00 seconds- East along the West line of said Calvert Pai* Corp.
tract. a distance of 660.00 feet to a I inch iron rod finuid for comer, saute point being in the North hue of
a tract of land conveyed to Calvert Paxmig Corp-, as described by deed recorded in Volinne, 2115. Page
425, RPR-D.C.T--,
'hence South 88 degrees 52 ininutes 51 seconds'%Ve---�t- along the North hue of said Calvert Pwvmg Corp..
tract, (Volume 2115, Pkc,,e 425 j, a distance of 146.63 feet to a V2 inch iron rod with yellow cap marked
"Arthur Sun;eying Company" set for comer, same point being in the Northeast line of a G-C. & SIR-R.
Co. 154 foot right-of-way,
Thence North 35 degrees 20 minutes 10 seconds, West along the Northeast line of a said G.C. & ST`.) `R
Co. 150 foot a distance of 1-532-43 feet to a li inch iron rod vith yellmv cap marked
"Artbz Staveyi Con4mly" set for comer, same point being in the South line df said Pitner tract;
Thence --North 88 degrees 52 ininutez 51 seconds East ' alon-a the South line of said Pitner tract. a distance
of 1671.00 feet to the Point of Beginning and contain- ins in aH a total of 26-038 acres of land, more or
less.
SAVE and C'EPT that certain 5.362 acre parcel of land conveyed by Deed recorded under CCO 2006 -
102657 RPRDCT-
sAlegal\ our documents \ordinances \13\zl3- 0006.doc
EXHIBIT B
LOCATION MAP
500 1,000
o Feet
Pudblhc V ieai -hr
AGENDA INFORMATION SHEET
AGENDA DATE: November 5, 2013
DEPARTMENT: Water & Wastewater Utilities
CM/ACM: Howard Martin, Assistant City Manager - Utilities��
SUBJECT:
Hold a public hearing, hold a discussion, and give staff direction regarding the 2013 Water and
Wastewater impact fee study.
BACKGROUND:
Impact fees provide the means for recovering a portion of the cost of adding capacity to the
water and wastewater system to provide service to any new growth that creates new demand. The
City of Denton first adopted impact fees for the Water and Wastewater Utilities in 1998. Texas
Local Government Code Chapter 395 governs the imposition of impact fees and requires the City
to update its impact fees at least every five years. Denton's impact fees were updated in 2003 and
2008 and another update is required in 2013. Three documents have been produced for the
impact fee update: land use assumptions, 10 -year Water and Wastewater capital improvements
plans, and an impact fee study.
Land use assumptions, prepared by Planning Department staff, include a description of the Water
and Wastewater service areas and projections of changes in land uses, densities, intensities, and
population in those service areas over the next ten years. Land use assumptions forecast the
timing and mix of single family, multi - family and other development in the service area. The
land use assumptions incorporated into the 2013 impact fee update are attached as Exhibit 1.
The 10 -year Water and Wastewater capital improvements plans (CIP) identify the capital
projects and associated costs required to support growth in the service area over the 10 -year
study period based on the land use assumptions document, Water and Wastewater demand
forecasts, hydraulic modeling, and the Water and Wastewater master plans. A memo prepared by
engineering consultant Freese and Nichols describes the calculations used in the 10 -year Water
Capital Improvements Plan and is attached as Exhibit 2. The 10 -year Wastewater Capital
Improvements Plan prepared by staff is attached as Exhibit 3.
Impact fee consultant Duncan and Associates used these documents to prepare the 2013 Water
and Wastewater impact fee study. This study calculates the costs to provide a new customer with
water or wastewater service, which become the maximum impact fee amounts allowed under
Chapter 395. The Council may choose to collect Water and Wastewater fees at any amount up to
the maximums set by the impact fee study. The 2013 impact fee study is attached as Exhibit 4.
Both the Water and Wastewater service areas are currently divided into two zones that have
different impact fees reflecting the differing cost of service for those areas. The impact fee study
also considered adding an infill zone in response to the Council's desire to encourage infill
development. Maps showing the existing Water impact fee zones, the existing Wastewater
impact fee zones, and a possible infill zone are attached as Exhibit 5.
WATER SUMMARY:
The maximum calculated impact fees along with recommendations from staff, the PUB, and the
CIAC are summarized below.
The staff recommendation incorporates several factors. First, inflation has increased constriction
costs about 14 percent since 2008 while impact fees have been static since then. Second, because
impact fees and rates are major sources of revenue, adjusting one affects the other. Staff
considered this link as well as how Denton's rates and impact fees compare to comparable cities.
Third, Water impact fees were not adopted at the maximum level in 2008. The staff
recommendation seeks to balance these factors to provide reasonable impact fees along with
reasonable rates.
On August 26 the Public Utilities Board passed a Water impact fee recommendation to add an
infill zone and set fees at the revised staff - recommended levels of $3,100 for Zone IA (the new
infill zone), $3,900 for Zone 1B (the rest of the existing Zone 1), and $4,500 for Zone 2.
On September 11, 2013, the Capital Improvements Advisory Committee passed a Water impact
fee recommendation to add an infill zone but to set fees at the original staff - recommended levels
of $2,700 for Zone IA (the new infill zone), $4,100 for Zone 1B (the rest of the existing Zone 1),
and $4,900 for Zone 2. CIAC members stated that they wish for new customers to pay for the
cost of their impact rather than that cost being borne by ratepayers, and that a lower impact fee
for Zone IA would encourage infill development.
Water Impact Fee Recommendations without Infill Zone
Zone 1 Zone 2
Max Impact Fee S4,593 S5,753
Revised Staff Recommendation $3,800 $4,500
Staff also produced recommended fee levels for an infill zone in addition to the current Water
impact fee zones. This staff recommendation was also revised to incorporate the PUB and CIAC
comments discussed above. Both the PUB and CIAC recommend adoption of an infill zone for
the Water impact fees only.
Water Impact Fee Recommend
Zone IA (infill)
Max Impact Fee 53,167
Revised Staff Recommendation $3,100
PUB Recommendation $3,100
CIAC Recommendation $2,700
tions with Infill Zone
Zone 1B (rest) Zone 2
S5,250 S5,753
$3,900 $4,500
$3,900 $4,500
$4,100 $4,900
WASTEWATER SUMMARY:
The maximum impact fee calculated in the study for each zone, as well as the staff, PUB, and
CIAC recommendations are summarized below.
Wastewater Zone 2, covering north Denton, has not experienced customer growth and is not
expected to be developed within the next five to seven years. Combining the current Zone 1 and
Zone 2 will simplify administration of fees while recognizing that little to no impact fee revenue
and no impact fee - eligible capital expenditure is likely to occur in Zone 2 in the near future.
Wastewater Impact Fee Recommendations without Infill Zone
Combined Zone 1 and Zone 2
Max Impact Fee S2,851
Staff Recommendation $2,200
PUB Recommendation $2,200
CIAC Recommendation $2,200
The staff recommendation if Council wishes to adopt an infill zone for Wastewater also includes
consolidation of the rest of the existing Zone 1 with Zone 2.
Wastewater Impact Fee Recommendations with Infill Zone
Zone IA (infill) Zone 1B (rest of Zone 1+ Zone 2)
Max Impact Fee S1,285 S3,374
Staff Recommendation $1,285 $2,400
On August 26, 2013, the Public Utilities Board passed a Wastewater impact fee recommendation
to combine the existing Zone 1 and Zone 2, not create an infill zone, and set the fee at the staff -
recommended level of $2,200 for the combined Zone 1 and Zone 2.
On September 11, 2013, the Capital Improvements Advisory Committee also passed a
Wastewater impact fee recommendation to combine the existing Zone 1 and Zone 2, not create
an infill zone, and set the fee at the staff - recommended level of $2,200 for the combined Zone 1
and Zone 2.
OPTIONS:
For Water
1. Adopt impact fees at the maximum amount calculated in the impact fee study
2. Adopt impact fees at the level recommended by the Public Utilities Board
3. Adopt impact fees at the level recommended by the Capital Improvements Advisory
Committee
A. Continue with the current 2 -zone fee system
B. Adopt a 3 -zone fee system including an infill zone in the center of the city
For Wastewater
1. Adopt impact fees at the maximum amount calculated in the impact fee study
2. Adopt impact fees at a level recommended by the Public Utilities Board and the Capital
Improvements Advisory Committee
A. Continue with the current 2 -zone fee system
B. Adopt a 3 -zone fee system including an infill zone in the center of the city
C. Adopt a combined Zone 1 and Zone 2 with no infill zone as recommended by staff, the
Public Utilities Board, and the Capital Improvements Advisory Committee
RECOMMENDATIONS:
For Water
There is no staff recommendation on whether to adopt an infill zone for Water. Staff
recommends adoption of Water impact fees at the levels of $3,800 for Zone 1 and $4,500 for
Zone 2. If an infill zone is adopted, staff recommends fees at the levels of $3,100 for Zone IA
(the new infill zone), $3,900 for Zone 1B (the rest of the existing Zone 1), and $4,500 for Zone
2.
The Public Utilities Board passed a Water impact fee recommendation to add an infill zone and
to set fees at the revised staff - recommended levels of $3,100 for Zone IA (the new infill zone),
$3,900 for Zone 1B (the rest of the existing Zone 1), and $4,500 for Zone 2.
The Capital Improvements Advisory Committee passed a Water impact fee recommendation to
add an infill zone but to set fees at the original staff - recommended levels of $2,700 for Zone IA
(the new infill zone), $4,100 for Zone 1B (the rest of the existing Zone 1), and $4,900 for Zone
2.
For Wastewater
Staff recomends combining the existing Zone 1 and Zone 2 and not creating an infill zone for
Wastewater. Staff recommends setting the Wastewater fee at $2,200 for the combined Zone 1
and Zone 2.
The Public Utilities Board passed a Wastewater impact fee recommendation to combine the
existing Zone 1 and Zone 2, not create an infill zone, and set the fee at the staff - recommended
level of $2,200 for the combined Zone 1 and Zone 2.
The Capital Improvements Advisory Committee also passed a Wastewater impact fee
recommendation to combine the existing Zone 1 and Zone 2, not create an infill zone, and set the
fee at the staff - recommended level of $2,200 for the combined Zone 1 and Zone 2.
EXHIBITS:
1. Land Use Assumptions
2. Water 10 -year CIP memo
3. Wastewater 10 -year CIP
4. 2013 Water and Wastewater impact fee study
5. Maps of Current Water and Wastewater impact fee zones and a possible infill zone
6. Approved PUB minutes August 12, 2013
7. Draft PUB minutes August 26, 2013
8. Draft CIAC minutes September 11, 2013
Respectfully submitted:
Howard Martin
ACM, Utilities
Prepared by:
Joel Nickerson
Exhibit I
LAND USE ASSUMPTIONS
Introduction
These Land Use Assumptions have been developed as the basis for the preparation of an impact
fee ordinance for system -wide water and wastewater capital improvements according to the
requirements of State Law. Impact fees must be developed in accordance with Chapter 395 of
the Texas Local Government Code. In the State Code, at 395.001(5), "Land Use Assumptions"
must include a description of the service areas and projections of changes in land uses, densities,
intensities, and population in the service area over at least a ten -year period.
The state law requirements for land use assumptions are summarized as follows:
1. Land use assumptions as defined by Section 395.001(5);
2. Time period of projections
3. Description of general nature potential capital improvement facilities; and
4. An easily understandable map of the service areas.
These over -all growth forecasts for the City are reflected in the Land Use Assumptions for the
City's Water and Wastewater Certificate of Convenience and Necessity (CCN) service areas. A
CCN must be approved by the Texas Natural Resources Conservation Commission (TNRCC)
before services may be provided to properties within the designated area. The water and
wastewater service areas include all of the area within the City plus different areas of the City's
Extra - territorial Jurisdiction (ETJ). The wastewater service area includes an area larger than the
water service area. Map showing these service areas are attached as Exhibit A (Wastewater) and
Exhibit B (Water).
The ten -year planning horizon used in developing the Land Use Assumptions is 2013 -2023.
Growth projections presented in this report are based on assumptions used in the Growth
Management Strategies of the North Central Texas Council of Governments (NCTCOG) and the
current trends. The forecast projects an average of 1.5 to 2.0 percent annual increase in
population from 2013 through 2023 within the City of Denton, see Exhibit C.
The product of these land use assumptions will be applied to a projected ten -year Capital
Improvement Program (CIP) for the City's water and wastewater treatment facilities to develop
an impact fee that can be assessed to future development. The impact fee will reflect the "fair
share" of the cost of eligible water and wastewater capital improvements that will directly benefit
new development within each service area.
Methodology
Land Use Assumptions will be developed to project new Residential and Non - Residential
development anticipated to occur from 2013 -2023.
■ Estimated residential development is stated in terms of the number of new housing units.
The number of projected housing units is directly related to the type of housing.
According to NCTCOG, the estimated persons per housing unit, by type, are 2.63 persons
per single family housing unit and 1.80 persons per multi - family unit.
1
■ Estimated non - residential development is stated in terms of square feet of development
and is primarily related to change in population, but also reflects local and national
standards for ratios of land use within communities. Projected non - residential
development is forecast for commercial, industrial, and civic land uses. Civic land uses
include institutions such as schools, universities, government facilities, churches, parks,
streets, and other infrastructure.
■ Residential housing units and non - residential development in square feet will be
converted to demand for water and wastewater service and applied to the CIP.
2
Exhibit A. Map showing Wastewater CCN
City of Denton Certificate of Convenience and Necessity
WASTEWATER
pT y
- K E R A Y
LAKE R fl
RT r
I 9�
ti
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- I el
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~ I
r
380
j 4 r
Tr
fF
L k ✓ 4 ��
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IJ
Tr
--
4 = 3 �r <<��J�l��r,
_
_
ROBSON RANCH ` t �d
I � - v� A � t r I II,.ti • i
1 -
Exhibit B: Map showing Water CCN
City of Denton Certificate of Convenience and Necessity
WATER
RAY
5 LAKE RflBERTg r JJ
1
r
rF �
... -
� - 4
_ ivicr`io _ N.
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k _ fir.,
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- `� fir' � f z
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........ --------------- [T
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ROB SON RANCH
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4
Exhibit C.
Table 1: Population projections for 2010- 2023
Year
Estimated
Percent
COD
Water
Water
Waste
Waste
COD
Change
Population
Service
Service
Water
Water
Population
COD
Fiscal
Population
Connected
Service
Service
Population
Year
Population
Population
Connected
Fiscal
Population
Year
Fiscal
Year
2010
113,383
2011
114,517
1.0
113,372
117,380
116,206
116,807
115,639
2012
115,662
1.0
114,505
118,554
117,368
117,975
116,795
2013
117,397
1.5
116,223
120,332
119,129
119,745
118,547
2014
119,158
1.5
117,966
122,137
120,915
121,541
120,326
2015
1 120,945
1.5
119,736
123,969
122,729
123,364
122,131
2016
122,759
1.5
121,532
125,215
123,962
124,601
123,355
2017
124,601
1.5
123,355
127,093
125,822
126,470
125,205
2018
127,093
2.0
125,822
129,635
128,338
128,999
127,709
2019
129,635
2.0
128,338
132,227
130,905
131,579
130,263
2020
1 132,227
2.0
130,905
13 4,8 72
133,523
134,211
132,869
2021
134,872
2.0
1 133,523
1 37,569
136,194
1 136,895
1 135,526
2022
137,569
2.0
136,194
140,321
138,918
139,633
138,237
2023
140321
2.0
138,918
143,127
141,696
142,426
141,001
Note 1:
2010 U.S'. Census Bizreacz data utilized for base year.
Note 2:
The area marked in the attached map, made by the Utilities Department, goes beyond
the city
limits bizt
does not cover the whole .5-mile ETJ,- the boundaries in the map were drawn using
TV zones.
The Comprehensive
Plan of the City ofDenton includes the ETJ area in their study area; hence the
Planning
Departmentfinds it essential to refer to their land use assumptions using the ETJ area.
Note 3:
Water Service Popidation is calcidated as 2.5% higher than COD from 2013 to 201 S, decreasing
to 2.0% higher than COD from 2016 to 2023. This was derived by the Utilities Department.
Note 4:
Waste Water Service Popidation is calcidated as 2.0% higher than COD from 2013 to
201 S,
decreasing to 1.j% higher than COD from 2016 to 2023. This was derived by the Utilities Department.
Note J:
The water and wastewater service populations are adfusted to accountfor the difference in
calendar
year versus fiscal year estimates and further adfusted to reflect that not all poprdation
in the
service areas will actually be served.
A. RESIDENTIAL LAND USE ASSUMPTIONS
To estimate the number of new housing units expected as a result of forecast changes in
population it is necessary to state assumptions about the following:
■ Estimated population expected within the water and wastewater service areas;
■ Estimated mix of housing units — single family as compared to multi - family;
■ Estimated percentage of population that will live in single family housing units compared
to the percentage that will live in multi - family housing units;
■ Estimated persons per housing unit for single - family and multi - family housing units; and
■ Changing trends in these demographic factors over time.
A (i) CURRENT CONDITIONS
It is important to understand the current conditions with respect to each of these residential land
use assumptions:
■ The estimated 2013 population for the City is 117,397. The estimated 2013 connected
population (fiscal year) for the water service area will be 119,129 and 118,547 for the
wastewater service area.
■ According to Building Permit data, as of October 2012 the City of Denton had 26,025
single - family housing units and 18,882 multi - family and other units. That amounts to
58% single family units and 42% multi - family units.
■ According to NCTCOG, the estimated persons per housing unit, by type, are 2.63 persons
per single family housing unit and 1.80 persons per multi - family unit.
■ Single - family includes one -unit detached and attached and 2 units (duplexes).
■ Multi - family includes three or more units and mobile homes.
h
A (ii) PROJECTED CONDITIONS
Following are the factors used to derive an estimate of the number of new housing units for the
period 2013 through 2023.
1. When the Denton Comprehensive Plan 1999 -2020 was adopted in December of 1999, 49%
of the housing was single family and 51% was multi - family and others. It is one of the
growth strategy assumptions outlined in the Comprehensive Plan to change that ratio to 60%
single - family housing and 40% multi - family housing by the year 2020. From 1999 to 2006,
the numbers of single family dwelling units increased at a rapid rate, such that by the year
2006 the ratio of single family to multi - family had reach the 60:40% ratio. During the
following years since 2008, the number of single - family units receiving permits dropped
significantly while the number of multi - family units receiving permits steadily increased. As
such, as of December 2012, the number of single family units was 26,066 and the number of
multi - family units was 18,882 (58% single family units and 42% multi - family units).
2. Based on the NCTCOG Household Forecast, the 60:40% ratio Comprehensive Plan goal
between single family and multi - family units, it is estimated that single - family housing units
will increase to 36,638 units and that multi - family housing units will increase to 24,425 units
in 2023.
7
Table 2: Estimated number of housing units by type
Year
Number of
SF Units
% of SF
units
% Change
of SF
Number of
MF units &
other
% of MF
units
% Change
of MF
2012
26,066
58%
18,882
42%
2013
26,987
58%
3.52
19,542
42%
3.52
2014
28,417
59%
3.52
19,748
41%
3.52
2015
1 29,417
59%
3.52
20,442
41%
3.52
2016
30,968
60%
3.52
20,645
40%
3.52
2017
32,057
60%
3.52
21,371
40%
3.52
2018
33,184
60%
3.52
22,123
40%
3.52
2019
33,848
60%
2
22,565
40%
2
2020
34,525
60%
2
23,017
40%
2
2021
35,215
60%
2
23,477
40%
2
2022
35,920
60%
2
23,946
40%
2
2023
1 36,638
1 60%
1 2
1 24,425
1
40%
1 2
Note 1: 2012 housing data is derived using Housing Activity permit data.
Note 2: Single - Family Dwelling: A detached residential unit other than a manufactured home,
hotel or motel, designed for and occupied by one family only.
Note 3: Multi - Famity Dwelling: A strzrcture or portion designed for three or more dwelling units
or for occupancy by members of a fraternity or sorority, or by three or more boarders or roomers.
2. Based on the NCTCOG Household Forecast, the 60:40% ratio Comprehensive Plan goal
between single family and multi - family units, it is estimated that single - family housing units
will increase to 36,638 units and that multi - family housing units will increase to 24,425 units
in 2023.
7
Table 3: Estimated population by household type
YEAR
SINGLE FAMILY
POPULATION
MULTI - FAMILY
POPULATION
TOTAL
2018
87,272
39,821
127,093
2023
96,355
43,966
140,321
Based on the estimated number of housing units by type listed in Table 2 and the NCTCOG's
estimated persons per housing unit, by type, of 2.63 persons per single family housing unit
and 1.80 persons per multi - family unit, it is estimated that the population living in single -
family housing will increase to 96,355 and 43,966 for multi - family in 2023.
Table 4: Estimated persons per unit and units per acre (density)
YEAR
SINGLE FAMILY
MULTI - FAMILY
2011
2.63 per unit &
1.80 per unit &
3 units /acre
19 units /acre
2023
2.63 per unit &
1.80 per unit &
3 units /acre
19 units /acre
Note 1: According to NCTCOG, the estimated persons per housing unit, by type,
are 2.63 persons per single family housing unit and 1.80 persons per multi family
unit.
Note 2: One of the Denton Plan's Growth Management assumption is that
citywide the average density for single family development will be three (3) units
per gross acre and that citywide the average density for multi family development
will be fourteen (14) units per gross acre.
Note 3: After conducting an existing land use analysis and researching current
multi- development trends, it is more likely that the citywide average density
for multi family development will be nineteen (19) units per gross acre.
4. The intensity of residential land use is indicated by the number of persons per housing unit.
The local and national trend toward smaller households is expected to continue.
Applying each of these factors to the forecast population for water and wastewater service
areas yields the estimated number of housing units for the period 2013 through 2023, see
Table 5 below.
Table 5: RESIDENTIAL LAND UVEASSUMPTIONS
CHARACTERISTIC
WATER CCN
WASTE WATER CCN
SERVICE AREA
SERVICE AREA
2013
2023
Change
2013
2023
Change
Connected Population
119,129
141,696
22,567
118,547
141,001
22,454
Fiscal Year
Single-Family Units
25,878
31,842
5,964
25,752
31,686
5,937
Multi- Family Units
18,739
21,228
2,488
18,648
21,124
2,476
Total number of
44,618
53,070
8,452
44,400
52,809
8,410
Housing units
Note]: The total number ofhoizsing units was derived utilizing the population projections in
Table I and the N(-'T(-'O(; estimate persons per residential unit of 2.67. The number ofsingle-
family units is 60 percent of the total number of housing units.
The number of multi family
units is 40 percent of the total number of housing units.
B. NON - RESIDENTIAL LAND USE ASSUMPTIONS
To estimate the amount of commercial, industrial and civic development expected as a result of
forecast changes in population it is necessary to state assumptions about the following:
• estimated population expected within the water and wastewater service areas;
• ratio of developed land by type of land use, in the city and from national studies
• estimated land use of non - residential land uses to residential land use
• estimated ratio of non - residential land uses to residential land use
• estimated floor area per acre of non - residential land uses; and
• changing trends in these land use factors over time.
9
B (i) CURRENT CONDITIONS
It is important to understand the current conditions with respect to each of these non - residential
land use assumptions:
• In 2000 NCTCOG published the following land uses data for the City of Denton. No
new land use data after 2000 has been published by NCTCOG. Using existing land use
GIS data available in February 2008 and in February 2013, the Planning Department
calculated the land developed in acres and the percent of land developed for each land
use.
Table 6: Existing Land Use within the City of Denton
2000
2008
2013
Land
developed in
(acres)
% of
developed
land
Land
developed in
(acres)
% of
developed
land
Land
developed in
(acres)
% of
developed
land
Residential
5,906
36.93
8,524
31.67
11,724
20.76
Single Family
4,988
31.19
7,512
27.91
8,429
14.93
Multi- Family
918
5.74
1,012
3.76
978
1.73
Other
-
-
-
-
2,318
4.10
Farm /Ranch
-
-
-
-
2,722
4.82
Agriculture
-
-
-
-
26,182
4637
Commercial
1,217
7.61
2,538
9.52
5,130
9.09
Industrial
1,025
6.41
811
2.93
930
1.65
Institutional
878
5.49
2,797
10.39
1,408
2.49
Religious
-
-
-
-
310
0.55
Infrastructure
6,051
37.84
-
-
763.8
135
Parks & Flood
Plain
720
4.50
844
3.14
988
1.75
Under
Construction
116
0.73
-
-
-
-
Water
78
0.49
-
-
Government
-
-
-
-
785
1.39
Transportation
-
-
-
-
246
0.44
Other (Misc.)
-
-
11,439
4235
5,277
934
Total Developed
15,991
100.00
26,956
100.00
56,467
100.00
Vacant
24,354
28,826
3,076
Total
40,345
55,782
59,541
The following is a definition of each land use type listed above:
Single Family One family detached units and duplexes.
Multi - Family Strictures with three or more separate units such as apartment complexes,
townhouses and condominiums.
Other Residential Mobile homes (inside mobile home parks and free - standing units), group
quarters or nursing homes, orphanages, college dormitories, jails, military base personnel
quarters.
Industrial Manufacturing plants, warehouses, office showrooms, etc.
10
Commercial All office strictures and retail buildings, shopping centers, department stores,
repair shops, supermarkets, restaurants, hotels and motels, amusement parks, and large stadiums.
Institutional Churches, governmental facilities, museums, schools, hospitals, medical clinics,
libraries, military bases, county jails.
Infrastructure All roads, airports (including terminals and runways), railroads, radio and
television communication stations, trick terminals, sewage treatment and power plants, sanitary
landfills, power line easements, pump stations, water treatment plants, waste management
facilities, and water systems.
Government Land owned by government. Includes government owned land that is kept
vacant/undeveloped and used for drainage.
Parks & Flood Plain All public and private parks, golf courses, cemeteries, tennis courts,
swimming pools, and zoos, plus major flood control strictures, levies and flood channels.
Under Construction Land that has undergone site preparation and constriction has begun.
Water All water bodies.
Transportation Areas taken up by a private or public road or railroad
Vacant Undeveloped land plus parking lots and garages.
Total acres All land and water acreage within the city.
Within the City of Denton and assuming that there were no housing units located on land
specified as non - residential use, the following is estimated:
Table 7: 2000, 2008 and 2013 Summary of'Existing Land Use
HOUSING TYPE
2000
2008
2013
Units
Acres
Units/
Acre
Units
Acres
Units/
Acre
Units
Acres
Units/
Acre
SINGLE
FAMILY
17,276
4,988
3.46
25,189
7,512
335
26,987
8,429
3.20
MULTI - FAMILY
15,477
918
16.86
16,793
1,012
16.59
19,542
978
19.98
OVERALL
32,753
5,906
5.54
41,982
8,524
4.93
46,529
9,407
4.95
11
The following table describes the area in acres and percentage of zoned area of each zoning
district:
Table 8: 2013 Summary of Zoning Classification
Zoning
Classification
Area in Acres
% of All
Zoned Area
A
46.58
-
0.08
CM -E
230.82
0.39
CM -G
1,127.93
1.9
DC-G
1,476.74
2.48
DC-N
37.70
0.06
DR -1
127.09
0.21
DR -2
578.85
0.97
EC -C
883.04
1.48
EC-I
1,198.11
2.01
IC-E
1,391.78
234
IC-G
3,720.67
6.25
MF -1
0.41
0.0007
MPC
9,041.83
15.2
NR -1
671.16
1.13
NR -2
7,425.66
12.48
NR -3
3,802.18
639
NR -4
4,83 1. 83
8.12
NR -6
1,322.27
2.22
NRMU
1,154.28
1.94
NRMU -12
1,198.86
2.02
PD
5,386.68
9.05
RCC -D
1,923.13
3.23
RCC -N
1,040.97
1.75
RCR - I
57433
0.97
RCR -2
47.05
0.08
RD -5
10,249.65
17.23
Note 1: Acreage is based on (W, data available as
ofdanuaiy 2013.
The following is a description of each zoning district:
Rural Residential (RD -5) These are areas of very low density residential development and
agricultural lands.
Rural Commercial (RC) These areas are the locations of small rural commercial operations
such as general stores, established "Fruit Stands" and places where some hand made goods can
be purchased.
12
Neighborhood Residential 1 (NR -1) These areas are a prominent feature of Denton's newest
neighborhoods while protecting existing neighborhoods. Residential densities in these areas
average one home per acre.
Neighborhood Residential 2 (NR -2) Primarily residential development. Residential densities in
these areas will average two homes per acre.
Neighborhood Residential 3 (NR -3) The predominant zoning category of residential
development in Denton. Residential densities in these areas will average three homes per acre.
Neighborhood Residential 4 (NR -4) Primarily residential with some allowances for duplex -
style development. Residential densities in these areas will average four homes per acre.
Neighborhood Center Residential 6 (NR -6) These areas will be a prominent feature of
Denton's newest neighborhoods while protecting existing neighborhoods. They focus on the
heart of the neighborhood and encourage an appropriate mix of housing types with some
supportive commercial uses. Typically expect to see about six houses per acre of land.
Neighborhood Residential Mixed Use 12 (NRMU -12) Mixed use development intended to
preserve and protect existing neighborhoods and to ensure that any new infill development is
compatible with existing land uses, patterns, and design standards. This category allows low to
moderate intensity multi - family housing. Residential densities in these areas average twelve units
per acre.
Neighborhood Residential Mixed Use (NRMU) The heart of the Neighborhood Center.
Appropriately designed neighborhood- oriented retail, office and service development with
allowances for townhomes, civic uses and limited multi -story apartments. and This category will
be home to moderate and higher intensity multi - family housing.
Community Mixed Use General (CM -G) These areas provide the necessary shopping,
services, recreation, employment and institutional facilities that are required and supported by
the surrounding community. This use category contain buildings ranging from one to three
stories with at least 20% of each property being landscaped.
Community Mixed Use Employment (CM -E) These areas will provide the necessary, services,
employment and institutional facilities that are required and supported by the surrounding
community. This use category will contain buildings ranging from one to three stories with at
least 20% of each property being landscaped. These areas may contain locations for new office
blocks and campus —style office development.
Downtown Residential (DR -1) These areas represent the traditionally residential portions of
downtown. In the future expect to see more new residential projects.
Downtown Residential (DR -2) These areas also represent the traditionally residential portions
of downtown. In the future expect to see more new residential projects with slightly higher
density standards. In these areas buildings may reach up to three or four stories in height.
Downtown Commercial General (DC -G) This is the central core of downtown Denton. The
setting is urban with much activity. With broad sidewalks and buildings oriented to the street, all
13
the downtown land use categories will help to create and enhance an inviting urban environment.
In these areas buildings may reach up to eight stories in height.
Downtown Commercial Neighborhood (DC -N) These areas, slightly less intense than the
Downtown Commercial General, are also an urban setting containing a mix of jobs and housing.
In these areas buildings may reach up to five stories in height.
Regional Center Residential 1 (RCR -1) These regional centers are designed to create focal
point of community activity including shopping, services, recreation, employment and
institutional facilities. These more intense residential areas will contain a wealth of supportive
shops and services. They are an important component for the local neighborhood as well as an
entire region.
Regional Center Residential 2 (RCR -2) These regional centers are designed to create focal
point of community activity including shopping, services, recreation, employment and
institutional facilities. The setting in this area is urban, containing a mix of jobs and housing both
within the same buildings and nearby with a focus on multi - family housing. In these areas
buildings may reach up to four stories in height.
Regional Center Commercial Neighborhood (RCC -N) This type of regional center stresses
the importance of neighborhood scale retail and commercial uses. As in the other Regional
Center areas here you will find activities including shopping, services, recreation, employment
and institutional facilities. In these areas buildings may reach up to five stories.
Regional Center Commercial Downtown (RCC -D) These centers will serve as major
commercial hubs for Denton. These areas of much commercial activity will serve the entire
region. In these areas buildings may reach up to eight stories in height. As in the other Regional
Center areas here you will find activities including shopping, services, recreation, employment
and institutional facilities.
Employment Center Commercial (EC -C) These are areas that provide locations for a broad
variety of workplaces and complimentary uses. In general there is a focus on office and
professional businesses in this land use category.
Employment Center Industrial (EC -1) The purpose of these areas is to provide locations for a
variety of workplaces and complimentary uses. In general there will be slightly more light
manufacturing and low impact industrial uses in this land use category than EC -C.
Industrial Center Employment (IC -E) This area has many of the same work processes and
employment types as Industrial Center General such as manufacturing, warehousing and
distributing, indoor and outdoor storage, and a wide range of commercial and industrial
operations with the inclusion of more amenities added which include hotels, motels, and
recreation facilities.
Industrial Center General (IC -G) These areas can be characterized as containing a variety of
work processes and employment such as manufacturing, warehousing and distributing, indoor
and outdoor storage, and a wide range of commercial and industrial operations.
14
Planned Development (PD) These are master planned developments that have to meet higher
standards of scrutiny through the development process. Details of developments within PD
districts will go before the P &Z Commission and the City Council.
Multi - Family -1 (MF -1) Multi - family district designated as a holdover by Council action
February 5, 2002.
Agricultural (A) Recently annexed property into the city limits of Denton. Current zoning is
designated as Agricultural pending future zoning case.
• Applying the area of each type of non - residential land use to residential land use and
multiplying by the number of housing units per acre of land, a ratio expressed in the
number of housing units needed to support an acre of commercial, industrial and civic
land use can be developed, see Table 9 below.
Table 9: 2000 Land Development Rate
Year
Commercial
Industrial
Civic
Housing units needed to
Institutional
t I
27.91
support an acre of land
23.7
24.9
6.78
• For calculating intensity, practical development intensity has been a floor area ratio of
0.25 for commercial and 0.40 for industrial land uses. For comparison purposes, in the
Denton Development Code, two zoning districts that serves to provide the necessary
shopping, services, recreation, employment and institutional facilities are Community
Mixed Use General (CM -G) and Community Mixed Use Employment (CM -E). The
maximum floor area ratio for CM -G is 1.5 and for CM -E is 0.75. Similarly, two zoning
districts that serve to provide locations for a variety of work processes and employment
such as manufacturing, warehousing and distribution and a wide range of industrial
operations are Industrial Center Employment (IC -E) and Industrial Center General (IC-
G). The maximum floor area ratio for IC -E is 0.75 and for IC -G is 0.40.
B (ii) PROJECTED CONDITIONS
1. It is assumed in the Comprehensive Plan that the mix of residential, commercial and
institutional land uses will be approximately the same as currently exists while industrial
land uses will be higher. It is estimated that between 2008 and 2023 the percent of
develop land by land use will increase 2% annually.
Table 10: Estimated Percent of Developed Land
Year
Single family
Multi - family
Commercial
Industrial
Institutional
2008
27.91
3.76
9.52
2.93
10.39
2013
30.81
4.15
10.51
3.23
11.47
2018
34.02
4.58
11.6
3.57
12.66
2023
37.56
5.06
12.81
3.94
13.98
15
2. Single family residential housing will continue to develop at a rate of 3 units per acre and
multi - family residential housing will develop at a rate of 19 units per acre.
3. The density of non - residential land use is indicated by the relationship between
residential and non - residential land used. As residential and non - residential development
in the water and wastewater service areas increase in density, the number of housing units
required to support an acre of non - residential land use can be expected to increase
between 2008 and 2023 by half a point (0.5) every 5 years.
Table 11: Estimated Non - Residential Land Deielopment Rate
(Housing units per acre ofnon- residential land)
Year
Commercial
Industrial
Civic
2000
23.7
24.9
6.78
2008
24
25
7
2013
24.5
25.5
7.5
2018
25
26
8
2023
25.5
26.5
8.5
4. The intensity of non - residential land use is indicated by the amount of floor area
developed per acre of land, a practical development intensity has been a floor area ratio
of 0.25 for commercial and 0.40 for industrial land uses. It can be reasonable to expect
that commercial, industrial, and civic intensity of land use will increase by approximately
two percent (2 %) annually.
16
Table 12: Estimated Non - Residential Land Deielopment Rate
(Percent offloor area per acre of non - residential land)
Year
Commercial
Industrial
Civic
2008
25
40
4.5
2013
27.60
44.16
4.96
2018
30.47
48.75
5.48
2023
33.64
53.83
6.05
16
Applying each of these factors above to the forecast population and housing units for water and
waste water service areas, yields the estimated amount of non - residential development for the
period 2013 through 2023.
Table 13: NON - RESIDENTIAL LAND UVEA&V UMPTIONS
CHARACTERISTIC
WATER CCN
SERVICE AREA
WASTE WATER CCN
SERVICE AREA
2013
2023
Change
2013
2023
Change
Connected
Population Fiscal
Year
119,129
141,696
22,567
118,547
141,001
22,454
Housing units
44,618
53,070
8,452
44,400
52,809
8,410
Land Use (Acres)
Commercial
1821.14
2081.18
260.03
1812.24
2070.94
258.70
Industrial
1749.73
2002.64
252.92
1741.18
1992.79
251.62
Civic
5949.07
6243.53
294.46
5920.00
6212.82
292.82
Floor Area (million s are feet)
Commercial
21.89
30.50
8.60
21.79
30.35
8.56
Industrial
33.66
46.97
13.31
33.49
46.74
13.24
Civic
12.85
16.45
3.60
12.79
16.37
3.58
17
2013 Clear Creek Basin Land Use Assumptions
Land Use Assumptions Phase I Development Area
The Phase I service area incorporates land already designated in the Denton Plan as an urbanized area,
and land that was originally designated as "Rural Areas." Of the 11,500 acres that makes up the Phase
I service area, roughly half (5,751 acres) lies within the designation of "Rural Areas."
Phase I Area Future Land Use Plan Adopted -1999
The constriction of the wastewater treatment facility and transmission lines will enable land within
Phase I to be serviced regardless of the property's location within or outside the Comprehensive Plan's
urbanizing area. Therefore it is conceivable that within the 2023 year timeframe, some development
may occur within the currently designated Rural Areas. By assigning Neighborhood Centers to the
Rural Areas of Phase I, Denton increases the ability to proactively plan for development patterns
which will achieve the policies as stated in the Denton Plan. Development within Neighborhood
Centers has the potential to include agricultural uses, one -acre residential development, and
specifically sited higher density housing and neighborhood- oriented retail /office uses which
complement and provide services to the neighborhood.
It is assumed that in the Neighborhood Centers 70% of its land will be developed for residential uses,
20% will be developed for commercial uses, 10% will be developed for civic and recreational uses.
(Civic uses include schools, libraries, police and fire stations, and parks and greenways)
Phase I Proposed Future Land Use Areas
Influences to Land Use Patterns of Phase I
There are many possible build -out scenarios for the land within Phase I depending on the timing of
major transportation and development projects. Currently, market pressure for development is
occurring within areas with easy transportation access. Arterials such as FM2165 (North Locust), FM
426 (Sherman Drive), and the future extension of Bonnie Brae north will most likely need to be
increased in capacity to handle future traffic demand. In addition to current transportation linkages
within this area, the North Texas Tollway Authority, responsible for the constriction and maintenance
of the Dallas North Tollway has begun studies for a future extension of the tollway to reach north
Denton County. The possible inclusion of an alignment of the Tollway will affect how future
projections for this area may be developed.
In 2007, the Planning and Development Department processed the first Master Plan Community
(MPC) called the Hills of Denton and was approved in July 2007. The future development of the Hill
of Denton MPC will increase the housing and economic growth to the area. The Hills of Denton MPC
is approximately 2,100 acres located north of Loop 288, west of Locust, south of Milam and east of I-
35. The development consists of single- and multi - family housing, commercial retail and office, a
town center and various public amenities. The Hills of Denton MPC phasing plan show a
commencement date of 2009 with a completion date during the next 20 to 25 years. As of February
2013, no activity has commenced.
Development of the University of North Texas' North Campus site at US 77 and Loop 288, may
induce associated interest in retail and services within the surrounding Regional Mixed Use centers to
accommodate the employment population the site will generate. There are chances that UNT may
acquire some property for multi - family apartments or dormitories.
The Growth Management Strategy assumptions in the Denton Plan state that residential land area mix
at 60% single family housing units and 40% multi - family, by the year 2020 for the whole city.
Achievement of that policy may be obtained by having in these areas the total number of projected
housing units split as 70% single family units and 30% multi - family units.
It is anticipated that Phase I -B would not develop much until it is provided with water services. Even
though presently Phase I -C also does not have water services, it might be easier to extend water lines
2
for that area from new water lines extending from the Lake Ray Roberts Water facility along Sherman
Drive and so there are more chances of development occurring in Phase I -C. Phase I -A is included in
both water and wastewater service area, hence it is prime for development. It is assumed that Phase 1-
A and Phase 1 -C would experience significant growth when areas in the southern section of Denton
reach development capacity.
Population Projections For Phase I Study Area
Clear Creek Basin Study Subareas
Land Use Assumptions for Phase I -A
• The development of the Hills of Denton MPC will commence in 2020.
• The Hills of Denton MPC property was recently purchased and is under a common
ownership. The owner's need or desire to develop is unknown. Therefore development
may not occur within the next five years.
• It is estimated that 150 total housing units will be constricted in the Phase I -A area in
2020, increasing to 450 housing units by 2023.
4
Table 1: Population Projections for Phase I -A
Year
Projected
Housing Units
Total
Housing
Units
Projected
Population
Population
due to the
projected
units
Total
Population
%
Increase in
Population
SF
MF
SF
MF
2012
1187
2013
0
0
0
0
0
0
1187
0.00
2014
0
0
0
0
0
0
1187
0.00
2015
0
0
0
0
0
0
1187
0.00
2016
0
0
0
0
0
0
1187
0.00
2017
0
0
0
0
0
0
1187
0.00
2018
0
0
0
0
0
0
1187
0.00
2019
0
0
0
0
0
0
1187
0.00
2020
150
0
150
395
0
395
1582
24.94
2021
250
0
250
658
0
658
2239
2937
2022
450
0
450
1184
0
1184
3423
34.58
2023
450
0
450
1184
0
1184
4606
25.69
Note:
• In the above table, popidation has been calcidated using one of the growth strategy
assumptions that according to N(-'T(-'O(; the number of persons per Single Family Unit woidd
be 2.63 and number ofpersons per Midti-Family Unit be 1.80.
• Estimated popidation in 2012 was calcidated using 2005 estimated N(-'T(-'O(; popidation data
and City ofDenton percent annual grotivth rate.
4
Land Use Assumptions for Phase I -B
• Until there is water service provided in this area, it will experience negligible growth.
■ It is estimated that the subject area would experience some growth. Development pressure will
demand water and wastewater services.
• It is estimated that an average of 25 total housing units will be constricted in the Phase I -B in
2020, increasing to 100 housing units by 2023.
Table 2: Po ulation Projection for Phase I -B (Designated Nei hborhood Centers)
Year
Projected
Housing Units
Total
Housing
Units
Projected
Population
Population
due to the
projected
units
Total
Population
°
�O
Increase in
population
A/W F
SF
MF
2012
221
2013
0
0
0
0
0
0
221
0.00
2014
0
0
0
0
0
0
221
0.00
2015
0
0
0
0
0
0
221
0.00
2016
0
0
0
0
0
0
221
0.00
2017
0
0
0
0
0
0
221
0.00
2018
0
0
0
0
0
0
221
0.00
2019
0
0
0
0
0
0
221
0.00
2020
25
0
25
66
0
66
287
22.93
2021
25
0
25
66
0
66
353
18.65
2022
25
0
25
66
0
66
418
15.72
2023
100
0
100
263
0
263
681
38.61
Note:
• In the above table, population has been calculated using one of the growth strategy
assumptions that according to N(-'T(-'O(; the number of persons per Single Family Unit would
be 2.63 and number of persons per Multi- Family Unit be 1.80.
• Estimated population in 2012 was calculated using 2005 estimated N(-'T(-'O(; population data
and City ofDenton percent annual grotivth rate.
Land Use Assumptions for Phase I -C
This area will also experience negligible growth, until water services are provided. Ease of
access to waterlines along FM 426 may make future development of this area attractive.
Majority of the land in this part is under a common ownership. The owner has not expressed a
reason, need or desire to develop his land. Therefore, development may not occur within the
next five years.
It is estimated that an average of 25 total housing units will be constricted in the subjected area
each year starting in 2020.
Table 3: Po ulation Projection for Phase I -C (Designated Nei hborhood Centers)
Year
Projected
Housing Units
Total
Housing
Units
Projected
Po ulation
Population
due to the
projected
units
Total
Population
Increase in
population
SF
MF
SF
MF
2012
451
Total
1,596
5,738
188
2013
0
0
0
0
0
0
188
0.00
2014
0
0
0
0
0
0
188
0.00
2015
0
0
0
0
0
0
188
0.00
2016
0
0
0
0
0
0
188
0.00
2017
0
0
0
0
0
0
188
0.00
2018
0
0
0
0
0
0
188
0.00
2019
0
0
0
0
0
0
188
0.00
2020
25
0
25
66
0
66
254
25.91
2021
25
0
25
66
0
66
320
20.58
2022
25
0
25
66
0
66
385
17.07
2023
25
0
25
66
0
66
451
14.58
Note:
• In the above table, popidation has been calcidated using one of the growth strategy
assumptions that according to N(-'T(-'O(; the number of persons per Single Family Unit woidd
be 2.63 and number ofpersons per Midti-Family Unit be 1.80.
• Estimated popidation in 2012 was calcidated using 2005 estimated N(-'T(-'O(; popidation data
and City ofDenton percent annual growth rate.
Table 4: Summary of Population Projections Phase I Basin
(Subareas I -B and I -C developed at Neighborhood Centers)
Phase I
Pop ulation
Year 2012
Year 2023
Part A
1,187
4,606
Part B
221
681
Part C
188
451
Total
1,596
5,738
Since Phase I -B and I -C subareas were not originally included in the urbanized area of the
comprehensive plan and its projections, these numbers should be added in addition to the projected
total population of the city.
Policy Ramifications of Phase I
With the inclusion of the entirety of the Phase I basin into the Urbanizing Area of the Denton Plan,
residents, elected and appointed officials must consider the utilization of annexation and
comprehensive plan amendment policies.
Annexation Policy
The Denton Plan states:
The city will proactively annex land within its southern ETJ and other urbanizing areas that become
attractive for urban development due to the availability of municipal utilities, and due to location
within close proximity to areas being subdivided and developed. Proper management of development
in the urbanizing areas depends on annexation and application of zoning regulations that support the
recommended land use plan. (The Denton Plan 1999-2020p. 29)
In 2009 annexations occurred within the western and northern areas of Denton. As development
pressure continues to expand towards the west and north, annexations must be considered to maintain
proactive growth management controls (zoning, site design and transportation standards) within these
areas.
Comprehensive Platt Amendment
With the inclusion of subareas I -B and I -C into consideration for development, the city will propose a
comprehensive plan amendment to include these areas as "Urbanizing Areas" rather than the
previously designated "Rural Areas" as part of the Denton Plan update.
Phase II Land Use Assumptions and Population Projections
Growth within the remainder of the Clear Creek Basin within the city's CCN Boundary (Phase II) will
remain at rural rates as the distances involved with providing connections to urban level infrastructure
services remains cost prohibitive within the timeframe of this report.
With recent annexations within this area, the City's water and wastewater service obligations will be
necessitated by future development.
7
Conclusions
City growth will continue to expand as emigration to Denton remains strong. The city will maintain an
average of 1.5 to 2.0 percent annual growth rate.
Development pressure in the Phase I Basin has prompted the city to constrict wastewater treatment
facilities that will eventually have the capacity to efficiently maintain the City's service obligations for
the Clear Creek Basin.
Population for the Phase I area will reach 5,738 by 2023, based on the land use assumptions.
The city will need to proactively consider a comprehensive plan amendment for subareas I -B and I -C.
In addition, the city will need to maintain its current policy of annexation of property where available
infrastructure and development pressures are applied.
Population growth for the Phase II area will remain at current rural area rates for the time being.
2013 Water Service Area Zoned 2 Land use Assumptions
Influences to Land Use Patterns of Zoned 2
There are many possible build -out scenarios for the land within Zone 2 depending on the timing of
major transportation and development projects. Currently, market pressure for development is
occurring within areas with easy transportation access. Arterials such as FM 2449 and Robson Ranch
Road will most likely need to be increased in capacity to handle future traffic demand. In addition, the
constriction of Loop 288 north from I -35W through the Cole Ranch Master Plan Community (MPC)
will increase development activity occurring within this area.
Cole Ranch Master Plan Community
In February 2008, the City Council approved the Cole Ranch MPC. The approximately 3,256.92 acres
of property is located west of Interstate 35 West, south of Tom Cole Road. The Cole Ranch MPC
consists will contain a variety of land uses that will provide opportunities for vertical and horizontal
mixed -use developments. The development will consist of approximately 1,955 acres of Single Family
development, and approximately 342 acres of Neighborhood Residential Mixed Use development with
multi - family, attached single family, retail and office uses. The development will also contain 180
acres of Community Mixed Use (CM -G) zoned property, 301 acres of Employment Center, and 85
acres of Industrial Center. The estimated residential development will consist of 6,182 single family
homes with an overall gross density of 2.9 dwellings per acre, 2,621 attached single family homes with
a maximum of gross density of 12 units per acre and 2,800 multi - family units with a maximum gross
density of 30 units per acre.
The community is being designed with higher density and more intense uses (office and retail) along
the proposed alignment of Loop 288 and a more traditional suburban residential development towards
the south and west. Two Neighborhood Residential Mixed Use Districts are proposed to provide
higher density residential and neighborhood service oriented businesses to the surrounding single
family detached residential areas.
In an effort to facilitate the overall development of the MPC and provide the necessary institutional,
educational, and community uses, the Denton Independent School District (DISD) has purchased a 90
acre high school site which will be part of Phase III. A middle school site has also been finalized as
part of Phase II and two elementary school sites are proposed, as shown on the development plan
exhibit. The exact locations have not been determined but the two elementary schools sites will be
donated by the property owner to DISD. All four school sites make up approximately 165 acres of
land within the Cole Ranch development.
There are approximately 680 acres of open space included in the MPC. Much of the open space is
made up of floodplain and Environmentally Sensitive Areas (ESAs). The applicant will identify the
ESA mitigation measures at the final plat process. The applicant will dedicate approximately 72 acres
of park land for both passive and active recreational purposes as required by the City of Denton Park
Land Dedication requirements.
Inspiration Master Plan Community
The Planning and Development is currently processing another MPC called Inspiration. The
approximately 3,331 acres subject property is generally located generally located on both sides of I-
35W between Robson Ranch Road and Vintage Boulevard. The applicant is proposing to develop the
property with a mix of residential, retail, commercial and open space /recreational uses. The proposed
zoning plan depicts approximately 2,849.5 acres of residential development and 481.6 acres of mixed
use development. The MPC will include schools, trails, parks, ponds and community centers.
A maximum of 12,089 single family dwelling units and 3,253 multi - family dwelling units are being
proposed. The average single family density will be 4.47 units per acre and the ratio of single family
to multi - family units will be 79% to 21% (the ratio is based on maximum densities allowed within
each zoning district). A higher density mixed use regional center is proposed near the intersection of
I -35W and Allred Road in addition to other community and neighborhood mixed use centers.
2
Population Projections for the Zone 2 Study Area
Water Service Area
Land Use Assumptions for the Water Service Area Zone 2
• The development of the Cole Ranch MPC will commence in 2018.
• The development of the Inspiration MPC will commence in 2018.
• It is estimated that 50 total housing units will be constricted in the Zone 2 area in 2018,
increasing to 1,150 housing units by 2023.
Conclusions
City growth will continue to expand as emigration to Denton remains strong. The city will maintain an
average of 1.5 to 2.0 percent annual growth rate.
Population for the Water Service Area Zone 2 will reach 7,079 by 2023, based on the land use
assumptions.
The city will need to maintain its current policy of annexation of property where available
infrastructure and development pressures are applied.
4
Table 1: Population Projections for the Water Service Area Zone 2
Year
Projected
Housing Units
Total
Housing
Units
Projected
Population
Population
due to the
projected
units
Total
Population
%
Increase in
Population
SF
MF
SF
MF
2012
2282
2013
0
0
0
0
0
0
2282
0.00
2014
0
0
0
0
0
0
2282
0.00
2015
0
0
0
0
0
0
2282
0.00
2016
0
0
0
0
0
0
2282
0.00
2017
0
0
0
0
0
0
2282
0.00
2018
50
0
50
132
0
132
2414
5.45
2019
100
0
100
263
0
263
2677
9.83
2020
150
0
150
395
0
395
3071
12.85
2021
300
50
350
789
90
879
3950
22.25
2022
450
150
600
1184
270
1454
5404
26.90
2023
500
200
700
1315
360
1675
7079
23.66
Note:
• In the above table, population has been calculated using one of the growth strategy
assumptions that according to N(-'T(-'O(; the number of persons per Single Family Unit would
be 2.63 and number ofpersons per Multi- Family Unit be 1.80.
• Estimated population in 2012 was calculated using 2005 estimated N(-'T(-'O(; population data
and City ofDeutou pei-ceut annual gi-otivth rate.
Conclusions
City growth will continue to expand as emigration to Denton remains strong. The city will maintain an
average of 1.5 to 2.0 percent annual growth rate.
Population for the Water Service Area Zone 2 will reach 7,079 by 2023, based on the land use
assumptions.
The city will need to maintain its current policy of annexation of property where available
infrastructure and development pressures are applied.
4
2013 Infill District Land Use Assumptions
Land Use Assumptions Development Area
The purpose of the Infill District is to provide standards for the development of infill lots in existing
neighborhoods on parcels of land that have remained undeveloped.
The adopted Infill District regulations allow flexibility Nvith regards to location and density supported by the
Denton Plan. The regulations also:
• Promote compatibility between new and existing development;
• Promote certainty in the marketplace and encourage development of housing in close proximity to
employment and services;
• Promote neighborhood preservation and encourage mixed -use development opportunities; and
• Encourage development that meets the City's goal of encouraging new development as well as
preserving a diversity of housing types
The Infill District regulations apply only to buildings, structures, and lots Nvithin the Neighborhood Residential
and DoN -,ntoN -,n University Core Zoning Districts that are no greater than tNvo acres, provided that the proposed
area has not been replatted into less than two acre lots after the effective date of the adoption of this ordinance,
provided that they lie fully Nvithin the boundaries of the Infill Special Purpose District, and provided that they
do not fall Nvithin any other Special Purpose or Overlay district.
The Infill District is bounded to the west by Bonnie Brae, to the north by Windsor, to the east by Old
North, Mockingbird, and Woodrow, and to the south by Interstate -35 and Willowwood, see Infill
Special Purpose District map.
0
MMMI�� Feet
0 1,100 2,200 4,400
Influences to Land Use Patterns of the Infill Special Purpose District
There are many possible build -out scenarios for the land within Infill Special Purpose District.
Currently, market pressure for development is occurring within the Downtown area and areas
surrounding UNT and TWU.
Downtown Area
In 2002, The City adopted the Denton Downtown Master Plan. Its primary focus is to provide a
balance between encouraging development, including exploring partnership opportunities with private
investors, and simultaneously ensuring that proper design practices are employed. The master plan
includes the following eight goals for the future of downtown. Downtown Denton should:
• be a vital part of Denton's economy;
• be a source of civic pride;
• be a place to live, work and play;
• contain compact and concentrated activities;
• contain a variety of things to do;
• be pedestrian friendly and an enjoyable place to walk;
• have linked parks and open spaces;
• be attractive and well designed.
On August 17, 2010, the City Council accepted the recommendations of the Downtown
Implementation Plan (DTIP). The purpose of the DTIP is to achieve the goals that define the vision
for the Downtown Master Plan. The DTIP serves as a catalyst for additional growth and development
in the Downtown area. The DTIP identifies an investment strategy for short term and long term to
increase economic development in Downtown. The implementation strategies will guide and
coordinate public and private investments, and will steer the location and types of future
improvements.
UNT
UNT is currently engaged in a comprehensive master plan update effort, the aim of which is to refine
the vision for the future of their campus. Some of the topics addressed in the comprehensive master
plan update effort include Facilities needs, Housing needs and Transportation.
UNT's student enrollment target is 45,000 students. However, it is anticipated that this will happen no
sooner than 2020. As UNT student enrollment grows, so will the need for Housing and Transportation
in and around the university.
TWU
As of Fall 2012, TWU had a strident enrollment of approximately 15,000 students. Their residence
housing number of spaces was 1942 of which the occupancy rate is at 100 percent. Similar to UNT, as
TWU strident enrollment grows so will the need for Housing and Transportation in and around the
university.
Land Use Assumptions for the Infill Special Purpose District
• It is estimated that the Infill Special Purpose District will experience growth.
• Residential and non - residential development within the Downtown area will continue to
grow. Encouraged by catalyst projects and with incentives and development programs, the
Downtown area is estimated to grow at a rapid rate.
• With the future increases in student enrollment for both UNT and TWU, Housing and
Transportation needs will increase.
• It is estimated that 225 total housing units will be constricted in the Infill Special Purpose
District in 2013, decreasing to 200 housing units by 2023.
Conclusions
City growth will continue to expand as new constriction and redevelopment occurs in the Infill
Special Purpose District.
The city will maintain an average of 1.5 to 2.0 percent annual growth rate.
Population for the Infill Special Purpose District will reach 55,304 by 2023, based on the land use
assumptions.
4
Table 1: Population Projections for Infill Special Purpose District
Year
Projected
Housing Units
Total
Housing
Units
Projected
Population
Population
due to the
projected
units
Total
Population
%
Increase in
Population
SF
MF
SF
MF
2012
49,198
2013
25
200
225
66
360
426
49,624
0.86
2014
25
250
275
66
450
516
50,140
1.03
2015
25
250
275
66
450
516
50,655
1.02
2016
25
250
275
66
450
516
51,171
1.01
2017
50
250
300
132
450
582
51,753
1.12
2018
50
500
550
132
900
1032
52,784
1.95
2019
0
500
500
0
900
900
53,684
1.68
2020
0
250
250
0
450
450
54,134
0.83
2021
0
250
250
0
450
450
54,584
0.82
2022
0
200
200
0
360
360
54,944
0.66
2023
0
200
200
0
360
360
55,304
0.65
Note:
• In the above table, population has been calculated using one of the growth strategy
assumptions that according to N(-'T(-'O(; the number of persons per Single Family Unit would
be 2.63 and number of persons per Multi- Family Unit be 1.80.
• Estimated population in 2012 was calculated using 2005 estimated N(-'T(-'O(; population data
and City ofDenton percent annual grotivth rate.
Conclusions
City growth will continue to expand as new constriction and redevelopment occurs in the Infill
Special Purpose District.
The city will maintain an average of 1.5 to 2.0 percent annual growth rate.
Population for the Infill Special Purpose District will reach 55,304 by 2023, based on the land use
assumptions.
4
l al ill' C
40,,55 international Plaza, Suite 200 w Fort Worth, Texas 761.09 * 817- 735 -7300 o fax 817-735-7491 i,.
FO: Tim Fisher, P.E., City of Denton
Joel Nickerson, City of Denton
FRO Scott Cole, P.E., Freese and Nichols, Inc.
Stephanie Neises, P.E., Freese and Nichols, Inc
SUBIEC I <, Water Impact Fee Utilization Calculations
1D1 ' ; May 31, 2013
1PROIECI ", Water Impact Fee Assistance
INTRODUCTION
DRAFT
THIS DOCUMENT IS RELEASED FOR
THE PURPOSE OF INTERIM REVIEW
UNDER THE AUTHORITY OF Scott
Cole, P.E., TEXAS NO. 98813 ON May
31, 2013. IT IS NOT TO BE USED FOR
CONSTRUCTION, BIDDING OR PERMIT
PURPOSES.
FREESE AND NICHOLS, INC. TEXAS
REGISTERED ENGINEERING FIRM
F- 2144
The City of Denton contracted with Freese and Nichols, Inc. to update the Water Impact Fee Capital
Improvements Plan (CIP). The City provided updated land use assumptions and the current hydraulic
model to be used for the impact fee analysis. Projects included in the Impact Fee CIP consist of
improvements identified in the 10 -year CIP as well as existing infrastructure with excess capacity. The
Impact Fee Capital Improvements Plan is shown on Figure 1. The portion of each project associated with
growth that will be utilized within the 10 -year timeframe is impact fee eligible. Utilization percentages
were calculated by evaluating the existing capacity and future capacity of each project.
17�1�/ �I1[ it�u1�1�Y1[ i] 011llY111Vi /e11Y[i]����IZII�1�YIle[115fy
The hydraulic model was used as a tool to determine the utilization of the pipeline improvements. For
the recently constructed projects, the 2013 percent utilized was calculated by dividing the flow observed
in the existing system model runs by the ultimate capacity of the pipe. The ultimate capacity of a pipe
was assumed to be the capacity calculated in the 2032 system analysis as part of the 2008 Water
Distribution System Master Plan. The 2013 utilization for proposed projects indicates the portion of the
project that will be used to address deficiencies in the existing system or improvements that serve
existing customers. The 2023 utilization percentages were calculated by taking the flow observed in the
10 -year model runs and dividing it by the ultimate capacity of the pipe.
1
III F Is
�m�n�aa�amo,��a, > m, lee CIP �,.,) d
Ray Roberts
�y v ••• N � I $153,306,163
� � 'r I �, Lake Ray Roberts
w '� Water Treatment Plam
t L• �,�w� "� f p✓�" , ^^ $56,445,235
i
I � i
""• 12" _ -iii 54" Finished Water Transmission Line 1 s w{{
I $9,590,299 �
y -
k
wi
A�
Loop 288Water Main
Southwest Eleva te orage an
I -35W Water Line �'� -
$4466,650 df
_
Y
�0
N 15
f
_ m12'G
— f� a• �,.1
l
c
Allretl /John Paine Water Line
[ +x $4.298.515 24" 24"
f
.�.... ..,- a,
.t
a
,r South Central Transmission Lines _
$10.583731
Oversmed Discharge Line (30" to 36 ")
$284,477
ry°
�;:•
m VIII ����
`�11�
,�
i
0.. 24.. 24..
a
Southwest Pump Station
- $5,912,002
(•
..
iJ FUI�hiJ
.....««...•n,.,.
L
—
YK(
-!Thll d
l,la®-:d1 Is�7�cl�k��n
FIGURE I"
CITY OF DENTON
2013 WATER IMPACT FEE
CAPITAL IMPROVEMENTS PLAN
X1ill
11
t
LEUEND
111••
MProposed Pump Station
MRS!I7I 7 ".
ji° Proposed Elevated Tank
® Existing Pump Station
r'r,:.- i'i�r1)�,�IIL'll "ells°
6
IGround Storage Tank Existing Water Line
u
•`
Existing Eligible Project
:Y�A�==
rlgiDi
Elevated Storage Tank Water CCN Boundary
�iiGafi
�!
R�lo
l �w`
IW
Water Treatment Plant pp
ETJ
_
�.;
0 7,500
SCALE IN FEET
��
•,.4:.
�
ILA,
, .� I ,�xt
Southwest Eleva te orage an
I -35W Water Line �'� -
$4466,650 df
_
Y
�0
N 15
f
_ m12'G
— f� a• �,.1
l
c
Allretl /John Paine Water Line
[ +x $4.298.515 24" 24"
f
.�.... ..,- a,
.t
a
,r South Central Transmission Lines _
$10.583731
Oversmed Discharge Line (30" to 36 ")
$284,477
ry°
'° v v9 ✓"
�� e �
i
0.. 24.. 24..
a
Southwest Pump Station
- $5,912,002
(•
..
iJ FUI�hiJ
.....««...•n,.,.
L
—
YK(
FIGURE I"
CITY OF DENTON
2013 WATER IMPACT FEE
CAPITAL IMPROVEMENTS PLAN
t
LEUEND
MProposed Pump Station
ji° Proposed Elevated Tank
® Existing Pump Station
6
IGround Storage Tank Existing Water Line
e...,
•`
Existing Eligible Project
Elevated Storage Tank Water CCN Boundary
City Limit
Water Treatment Plant pp
ETJ
�.;
0 7,500
SCALE IN FEET
Utilization percentages for water system facilities (i.e. water treatment plants, pump stations, storage
tanks) were calculated based on the recommended capacities developed as part of the 2008 Water
Distribution System Master Plan for the existing and projected demands. The 2013 percentages account
for existing system deficiencies or projects designed to serve existing customers while the 2023
percentages indicate the portion of the capacity that will be utilized within the 10 -year timeframe.
The following provides example calculations for each type of project:
■ Pipe (42 -inch Loop 288 Sherman to UNT)
Existing Flow = 10.7 mgd
10 -year Flow = 16.5 mgd
Ulimate Flow = 42.0 mgd
2013 % Utilization = 10.7 mgd = 0.255 :� 25%
42.0 mgd
2023 % Utilization = 16.5 mgd = 0.393 :� 40%
42.0 mgd
Eligible % = 40% - 25% = 15%
■ Water Treatment Plant (Rav Roberts Water Treatment Plant
Existing WTP Capacity (LLWTP) = 30.0 mgd
Recently Constructed WTP Capacity (RRWTP) = 20.0 mgd
Existing Maximum Day Demand = 42.2 mgd
10 -year Maximum Day Demand = 51.2 mgd
2013 % Utilization = 42.2 mgd - 30.0 mgd = 0.610 :� 60%
20.0 mgd
2023 % Utilization = 51.2 mgd = 1.024 -> 100%
30.0 mgd + 20.0 mgd
Eligible % = 100% - 60% = 40%
3
■ Pump Station (Southwest Booster Pump Station)
Existing Firm Capacity = 6.05 mgd
Existing Peak Hour Demand (criteria with no elevated storage) = 1.33 mgd
125% of 10 -year Maximum Day (criteria with elevated storage) = 2.03 mgd * 1.25 = 2.54
mgd
2013 % Utilization = 1.33 mgd = 0.220 :� 20%
6.05 mgd
2023% Utilization =-2.54 mgd = 0.420 :� 40%
6.05 mgd
Eligible % = 40% - 20% = 20%
■ Storage Tank (Roselawn EST)
Existing Storage Capacity (Central Pressure Plane) = 3.0 MG
New Storage Capacity = 3.0 MG
Existing Storage Requirement (from Master Plan) = 5.2 MG
10 -year Storage Requirement = 5.5 MG
2013 % Utilization = 5.2 MG — 3.0 MG = 0.733 = 75%
C911
2023 % Utilization = 5.5 MG — 3.0 MG = 0.833 = 85%
C911
Eligible % = 85% - 75% = 10%
ZONE PERCENTAGES
The City divided the water service area into three zones:
• Zone 1 — the area north of Hickory Creek and the Robson Ranch, Country Lakes, Meadows at
Hickory Creek, and The Vintage developments
• Zone 2 — the area south of Hickory Creek, with the exception of the exacted developments that
are included in Zone 1
• Infill Zone — the area bounded to the west by Bonnie Brae Street, to the north by Windsor Drive,
to the east by Old North Road, Mockingbird Lane, and Woodrow Lane, and to the south by I -35E
and Willowwood Street
After the utilization percentages were calculated, each project was evaluated to determine the zone
percentages. Percentages for projects that improve the entire system equally (such as water treatment
4
plants) were calculated based on growth in population over the next 10 years. Approximately 54% of
the 10 -year growth occurs in Zone 1 while 21% occurs in Zone 2 and 25% in the Infill Zone. Table 1
shows the population for each zone. The model was utilized as a tool to assign various percentages to
the remaining improvements based on the hydraulic relevance to each zone. For example, the new Nigh
School Booster Pump Station provides no benefit to the customers in Zone 2 and therefore is 100%
attributable to Zone 1. Similarly, projects that offer more hydraulic benefit to Zone 2 customers were
given percentages higher than 21% for Zone 2. Table 2 presents the utilization percentages, as well as
the zone percentages for each project.
Table 1: Water Service Population by Zone
Zone
2013 Population
2023 Population
% of Total Growth
Zone 1
68,426
80,744
545/6
Zone 2
2,282
7,079
21%
Infill'Zone
49,624
55,304'
25/0
Total
120,332
143,127
100%
Note: The populations were provided in the Land Use Assumptions report provided by the City. The Infill Zone
population is from the Table 1 of Exhibit 4. The Zone 2 population is from Table 1 of Exhibit 3.The Zone 1
population was calculated based on the water service population presented in Table 1 of Exhibit C and then
subtracting the population from Zone 2 and the Infill Zone.
5
Table 2: Cost Allocation for Impact Fees
No.
Description of Project
2013*
Utilization
2023
Utilization
2013 -2023
Utilization
Capital Cost
10 -Year Cost
Zone 1
Utilization
Zone 1 Cost
Zone 2
Utilization
Zone 2 Cost
Infill
Utilization
Infill Cost
EXISTING ELIGIBLE
A
Lake Ray Robeltv
751
50%
151
5153,aK163
$22,290,716
, SO
$12,0X987 ?
4 681050
5 $72 679 "I
B
Lake Ray Roberts Water Treatment Plant
60%
100%
40%
$56,445,235
$22,578,094
54%
$12,192,171
21%
$4,741,400
25%
$5,644,523
C' ,
54 ' Finished Water Transmission Une
30%
451
15"/.
$9,590,299
$1,4$ 8,545,
54%4
$776,814
21"ti
$302,094
25%
$3$9,637
D
Loop 288 Water Main - Sherman to UNT
25%
40%
15%
$4,361,849
$654,277
54%
$353,310
21%
$137,398
25%
$163,569
E
Loop 288 Water Main - Sherman to Hwy 380
'.... 25%
'.... 4O%
''.... IS%
$3,518,35'2
$5P,753
! 54"/4
$284,987 i
211/
$114,828
25 "/a;,
$131,938
F
NorthwestElevated Ste rage Tan k
30%
60%
30%
$2,339,988
$701,996
100%
$701,996
0%
$0
0%
$0
0
SontlwestPGmpStation
20%
40%
20%
$5,914002
$1182,400"
601.
$709,440"
401
$472,960"
0%
$0
H
Southwest PS Oversize Discharge Line (30" to 36 ")
5%
10%
5%
$284,477
$14,224
60%
$8,534
40%
$5,690
0%
$0
I
Vintage Oversize Une (12" to 20 ")
! 2591.
'.... 601
'...... 35%
$754,269
$8 8,494
! 45°/
i $40,047
5S%
$48,947'-
0%
1 $0
J
North -South Water Line Phase 1
25%
35%
10%
$6,038,601
$603,860
54%
$326,084
21%
$126,811
25%
$150,965
K
Roselawn Elevated Storage Tank
75t.
'.... 85lo
'..... 101
$6,295,440
$629,944
! 545/
'$340,170 ;
21"ti
$132,288
25 "/a;,
$157,486
L
Roselawn Water Line
30%
55%
25%
$1,797,363
$449,341
54%
$242,644
21%
$94,362
25%
$112,335
M"
Ma'sch Branch Road Water Ume Extension :
! 15"/.
30%
15"/.
$645,781,
$96,867
1001
! $96,867
0%
$0
0% ;
$0
N
U.S 380 Urban Utility Relocation
25%
30%
5%
$1,362,086
$68,104
100%
$68,104
0%
1 $0
0%
$0
O'
Razor Ranch Oversize Lino (1'6" to 24 ") ' ""
! 14%
25lu
15"/�
$133,226
$19,984
1001
! $15,984
0%
$4 '.
0%i
$0
PROPOSED ELIGIBLE
1
North-South W r Line Phase II
Ofr
35f
35%
E $380772
3883270
60%,
.::1129 62
753308 ""
0
2
1 -35 Parallel Line Grossing
15%
30%
15%
$1,959,552
$293,933
100%
$293,933
0%
$0
0%
$0
3
High School Boaster Pump Station'
Ole
'.... 301
'..... 30%
$4,704,006
$1,41.1,200
`To-wF
$1,421,200 :
0%
$0
0%�
$0
4
Elm /Loop 288 Water Lines
0%
30%
30%
$3,832,013
$1,149,604
100%
$1,149,604
0%
$0
0%
$0
5
Allred/John Paine Water Une';
'..,. Ole
'.... 20%u"
''... 20%u"
54298515
$ %59743
!35%u"
5300896 i
%
$5$8807
0�=
$0
6
Southwest Elevated Storage Tank
10%
20%
10%
$5,376,000
$537,600
60%
$322,560
40%
$215,040
0%
$0
7
McKinney Water Une andPRU
'..... 10%
25/
1S%
t $987,840
$148,176
100%
$148,176
0%
$0
0%
$0
8
University Water Line and PRV
0%
30%
30%
$1,724,083
$517,225
100%
$517,225
0%
$0
0%
$0
9 lNew "
New McKenna B' r Purby Station
0 %,r
65! '
65!
58 064 000
$$ 241600
B0f "
$3144 960
L
$1,016,640
Oi
0
SO
-35W Water Line
0%
20%
20%
$4,466,650
$893,330
35%
$312,666
65%
$580,664
0%
$0
11
I- 35Wfrhl4WaterUne,
Ole
20lu
20%
I $1,781,472
$3$6,294
!451
i$160,332
5$!u
$199,961
L.
$,fI
12
South Central Transmission Lines
0%
15%
15%
$SQ,583,731
$1,587,560
60%
$952,536
40%
$635,024
0%
$0
Total
Capital Im rovements "Cost,
I
1
1 $305,447,759,
$66,724,594
1
1 $'38,041,183',
1
$15,889,273
$12,293,132'
. Utilization in 2013 on Proposed Projects indicates a portion of the project that will be used to address deficiencies within the existing system, and therefore are not eligible for impact fee cost recovery for future growth.
Wastewater Zone 1
C..PerCr..k Int.—pt.r IV
Cooper Creek Interceptor III
Impact Fee Projects
Exhibit 3A
W—dih—n lnt.rc.pt.r
Westgate Heights Interceptor
Cooper Creek Interceptor 11
US 380 Utility Relocations
cr
C..P.r Creek Interceptor 11
Cooper Creek Lift Station Detention Facility
t
Cooper Creek Lift Station nd Force Main
Cooper
EXISTING
Hickory Creek InterceptorlV
Pecan Creek Interceptor
III
EXISTING
Pecan Creek lnt.rc.pt.r IV
00 ER
OMB
Pecan
Creek Interceptor 11
L
Ca—ll A-
Interceptor
Elm Street Sewer
Pecan Creek
Interceptor
Replacements
No
Pecan Creek WRP
.....................................
Hickory
Creek Interceptor III
Dry Fork Hickory Creek
pecan
Creek Interceptor
Ph... 1 & 2
EXISTING
Tributary 1 Interceptor
EXISTING
IL
West Peak Fl— Detention
Lift Station antl Pond
PECAN BASIN
State School Interceptor Ph... 1
EXISTING
State School I lnt.rc.pt.r 11
HI C KOR
BASIN
Hickory Creek O.ff.11 ...
....vim......... —
Hickory
Creek Interceptor 11
L
N..........
Hickory Creek lnt.rc.pt.r I
....
A
Hickory Creek Lift Station
- d Detention F ac I Ii y
0.5 1
nmmmmmmK===== Miles
Exhibit 3C
Wastewater Capital Improvements Plan Cost Allocation for Impact Fees
2013 2023 2013 -2023 Applicable
Project Name Cost Utilization Utilization Utilization Cost ($)
Zone 1 Existing
A Pecan Creek WRP (15 MG
$39,528,174 14.34 15.00 4% $1,739,240
B
Pecan Creek WRP 6MGD expansion
$30,005,125
0.00
1.52
25%
$7,601,298
• - - - - - - - - - - -
C
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
South Wet Weather Lift Station & Detention Pond
- - - - - - - - - - - - - - - - - - - - - - - - -
$1,552,898
- - - - - - - - - - - - - - - - - -
1.93
- - - - - - - - - - - - - - - - - - - -
2.60
- - - - - - - - - - - - -
10%
- - - - - - - - - - - - - - - - - -
$154,828
- - - - - - - - - - - -
D
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Cooper Creek Lift Station and Force Main
- - - - - - - - - - - - - - - - - - - - - - - - -
$2,150,236
- - - - - - - - - - - - - - - - - -
15.64
- - - - - - - ------ - ---------------------
17.17
12%
- - - - - - - - - - - - - - - - -
$263,189
•--- - - - - -- --------------------------------------------------------------------------------------------------------------------------------------------------------------------
E
Pecan Creek Interceptor (Ph 1 & 2)
$3,363,189
33.34
35.57
8%
$258,084
• - - - - - - - - - - -
F
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Cooper Creek Outfall (Loop 288)
- - - - - - - - - - - - - - - - - - - - - - - - -
$3,898,807
- - - - - - - - - - - - - - - - - -
13.38
- - - - - - - - - - - - - - - - - - - -
13.61
- - - - - - - - - - - - -
1%
- - - - - - - - - - - - - - - - - -
$48,472
•--- - - - - -- --------------------------------------------------------------------------------------------------------------------------------------------------------------------
G
Krum Sewer Line
$398,450
1.04
3.84
28%
$111,343
• - - - - - - - - - - -
H
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Graveyard Branch Interceptor
- - - - - - - - - - - - - - - - - - - - - - - - -
$5,004,952
- - - - - - - - - - - - - - - - - -
1.05
- - - - - - - - - - - - - - - - - - - -
1.47
- - - - - - - - - - - - -
2%
- - - - - - - - - - - - - - - - - -
$99,389
•--- - - - - -- --------------------------------------------------------------------------------------------------------------------------------------------------------------------
I
Roark Branch Interceptor
$854,774
0.00
3.84
53%
$453,361
• - - - - - - - - - - -
i
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
State School Interceptor 1
- - - - - - - - - - - - - - - - - - - - - - - - -
$1,660,869
- - - - - - - - - - - - - - - - - -
24.07
- - - - - - - - - - - - - - - - - - - -
25.04
- - - - - - - - - - - - .......
3%
- - - - - - - - - - - -
$46,455
--------------------------
K
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Pecan Creek Interceptor 1
- - - - - - - - - - - - - - - - - - - - - - - - -
$1,975,672
- - - - ------------------------------------------
34.61
37.51
- - - - -
9%
- - - - - - - - - - - - - - - - - -
$177,933
Zone 1 Proposed
1
Carroll Ave Interceptor
$472,799
3.84
4.33
8%
$39,467
• - - - - - - - - - - -
2
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Cooper Creek Interceptor 1
- - - - - - - - - - - - - - - - - - - - - - - - -
$608,498
- - - - ------------------------------------------
15.64
17.17
- - - - -
8%
- - - - - - - - - - - - - - - - - -
$50,543
•--- - - - - -- --------------------------------------------------------------------------------------------------------------------------------------------------------------------
3
Cooper Creek Interceptor 11
$1,293,395
11.89
13.01
8%
$99,492
•--- - - - - -- --------------------------------------------------------------------------------------------------------------------------------------------------------------------
4
Cooper Creek Interceptor 111
$1,239,878
9.72
10.37
4%
$55,619
•--- - - - - -- --------------------------------------------------------------------------------------------------------------------------------------------------------------------
5
Cooper Creek Interceptor IV
$249,528
0.00
1.90
56%
$139,854
•--- - - - - -- --------------------------------------------------------------------------------------------------------------------------------------------------------------------
6
Cooper Creek Lift Station Detention Facility
$1,543,050
0.00
0.29
39%
$596,646
•--- - - - - -- --------------------------------------------------------------------------------------------------------------------------------------------------------------------
7
Dry Fork Hickory Creek Tributary 1 Interceptor
$2,294,968
5.93
6.48
8%
$192,413
•--- - - - - -- --------------------------------------------------------------------------------------------------------------------------------------------------------------------
8
Elm Street Sewer Replacements
$204,515
1.67
1.86
4%
$9,186
• - - - - - - - - - - -
9
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Hickory Creek Interceptor 1
- - - - - - - - - - - - - - - - - - - - - - - - -
$4,494,098
- - - - - - - - - - - - - - - - - -
19.74
- - - - - - -----------------------------
30.68
25%
- - - - - - - - - - - - - - - -
$1,137,562
•--- - - - - -- ---------------------------------------------------------------------------------------------------------------------------------------------------------------
10
Hickory Creek Interceptor 11
$6,497,359
15.99
27.01
33%
- - - - --
$2,138,617
•--- - - - - -- ---------------------------------------------------------------------------------------------------------------------------------------------------------------
11
Hickory Creek Interceptor 111
$7,247,205
11.61
19.52
39%
- - - - --
$2,808,691
•--- - - - - -- ---------------------------------------------------------------------------------------------------------------------------------------------------------------
12
Hickory Creek Interceptor IV
$2,361,574
2.25
3.30
24%
- - - - --
$576,663
•--- - - - - -- ---------------------------------------------------------------------------------------------------------------------------------------------------------------
13
Hickory Creek Lift Station Detention Facility
$8,293,840
0.00
2.83
70%
- - - - --
$5,809,794
•--- - - - - -- ---------------------------------------------------------------------------------------------------------------------------------------------------------------
14
Hickory Creek Outfall
$466,857
11.93
12.21
1%
- - - - --
$3,782
•--- - - - - -- --------------------------------------------------------------------------------------------------------------------------------------------------------------------
15
Pecan Creek Interceptor 11
$3,114,198
23.43
26.76
9%
$276,762
• - - - - - - - - - - -
16
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Pecan Creek Interceptor 111
- - - - - - - - - - - - - - - - - - - - - - - - -
$1,899,937
- - - - - - - - - - - - - - - - - -
23.24
- - - - - - - - - - - - - - - - - - - -
24.83
- - - - - - - - - - - - -
6%
- - - - - - - - - - - - - - - - - -
$122,254
• - - - - - - - - - - -
17
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Pecan Creek Interceptor IV
- - - - - - - - - - - - - - - - - - - - - - - - -
$1,436,302
- - - - ------------------------------------------
14.24
17.03
- - - - -
11%
- - - - - - - - - - - - - - - - - -
$157,148
• - - - - - - - - - - -
18
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------
Pecan Creek Interceptor V
- - - - - - - - - - - - - - - - - - - -
$3,124,089
- - - - - - - - - - - - - - - - - -
21.13
- - - - - - - - - - - - - - - - - - - -
22.40
- - - - - - - - - - - - -
6%
- - - - - - - - - - - - - - - - - - -
$183,600
• - - - - - - - - - - -
19
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
State School Interceptor 11
- - - - - - - - - - - - - - - - - - - - - - - - -
$4,551,156
- - - - - - - - - - - - - - - - - -
23.42
- - - - - - - - - - - - - - - - - - - -
24.35
- - - - - - - - - - - - -
2%
- - - - - - - - - - - - - - - - - -
$68,400
--------------------------
20
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
US 380 Utility Relocations
- - - - - - - - - - - - - - - - - - - - - - - - -
$1,378,425
- - - - - - - - - - - - - - - - - -
3.66
- - - - - - - - - - - - - - - - - - - -
4.48
- - - - - - - - - - - - -
19%
- - - - - - - - - - - - - - - - - -
$256,306
--------------------------
21
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
West Peak Flow Detention Lift Station and Pond
- - - - - - - - - - - - - - - - - - - - - - - - -
$3,846,360
- - - - ------------------------------------------
0.00
3.66
- - - - -
59%
- - - - - - - - - - - - - - - - - -
$2,256,038
• - - - - - - - - - - -
22
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Westgate Heights Interceptor
- - - - - - - - - - - - - - - - - - - - - - - - -
$405,713
- - ---------------------------------------------------
2.89
3.61
34%
- - - - - - - - - - - - - - - -
$138,443
•--- - - - - -- --------------------------------------------------------------------------------------------------------------------------------------------------------------------
23
Woodhaven Interceptor
$256,016
0.80
0.88
5%
$14,028
Zone 1 Total
$147,672,908
$28,084,901
Zone 2 Proposed
L
Clear Creek Interceptor
$8,496,199
341,900
11%
$904,648
--------------------------
M
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Clear Creek WRP
- - - - - - - - - - - - - - - - - - - - - - - - -
$20,482,310
- - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - -
341,900
- - - - - - - - - - - - -
11%
- - - - - - - - - - - - - - - - - -
$2,334,301
Zone 2 Total
$28,978,509
$3,238,948
Exhibit 3D
Wastewater Capital Improvements Plan Cost Allocation Zone I with Infill Zone
Impact Fee
Name
Cost
Zone 1 Infill
Cost Utilization Zone 1 Cost Utilization Infill Cost
Carroll Ave Interceptor
$472,799
8%
$39,467
0%
$0
100%
$39,467
---------- --------------------------
Cooper Creek Interceptor 1
$608,498
8%
$50,543
100%
--------------------------
$50,543
0%
$0
Cooper Creek Interceptor 11
$1,293,395
8%-
$99,492
17%
$99,492
0%
$0
Cooper Creek Interceptor M
$1,239,878
4%-
$55,619
100%
$55,619
0%
$83,289
Cooper Creek Interceptor IV
$249,521
56-%
$139,854
100%
$139,154
0%
SO--
--------------------------
Cooper Cree_l<_ Lift Facility
----------------
$1,543,050
----------------
39%
--------------
$596,646
100%
................
$596,646
-------------------
0%
So--
_Station _Detention
Dry Fork Hickory Creek Tributary I Interceptor
$2,294,968
8%
$192,413
100%
----------
$192,413
-------------------
0%
$O
Elm Street Sewer Replacements
$204,515
4%
--------------------------
$9,186
0%
$0
100%
$9,186
----------
Hickory Creek Interceptor 1
$4,494,098
25%
$1,137,562
100%
$1,137,562
0%
$0
Hickory Creek Interceptor 11 --------------------------
$6,497,359
33%
$2,138,617 -------------
10-0% ------
$2,138,617
0% -----------------------
O --
Hickory Creek Interceptor M
$7,247,205
39%
$2,808,691
100%
---------------
$2,808,691
0%
So--
--------------------------
Hickory Creek Interceptor IV
-----------------
$2,361,574
24-%
-------------
$576,663
----
100%
----------
$576,663
-------------------
0%
SO--
- ------------------------
Hickory Creek Lift Station Detention Facility
----------------
$8,293,840
----------------
70%
--------------
$5,809,794
100%
................
$5,809,794
-------------------
0%
$0
Hickory Creek 0 utfall
$466,857
1%---.
$3,782
100%
$3,782
0%
So--
- - - ------------------------------------
Pecan Creek Interceptor 11
------------------
$3,114,198
9%
-------------
$276,762
------
20%
$55,352
-------------------
80%
$221,410
-------- -----------------
Pecan Creek Interceptor III
$1,899,937
6%
--------------------------
$122,254
23%
$28,118
77%
$94,136
--------- --------------------------
Pecan Creek Interceptor IV
$1,436,302
11%
$157,148
47%
$73,860
53%
$83,289
- - - - - - -
Pecan Creek Interceptor V
$3,124,089
6%
$183,600
45%
$82,620
- - - -
55%
100,980
--------- --------------------------
State School Interceptor 11
$4,551,156
2%
$68,400
100%
$68,400
0%
$0
US 380 Utility Relocations
$1,378,425
19%
$256,306
74%
$189,666
26%
6,639
---------- --------------------------
West Peak Flow Detention Lift Station and Pond
--------------------------
$3,846,360
59%
- - - - - -
$2,256,038
- - - - - - - - - - - - - - -
45%
- - - -
$1,015,217
55%
$1,240,821
------------------------------------------------------------
Westgate Heights Interceptor
- - - - - - - -
$405,713
- - - - - - - - - - - - - - - - -
34%
----------------
$138,443
100%
----------------
$138,443
0%
$0
--------------------------
Woodhaven Interceptor
--------------------------
$256,016
5%-
- - - - - -
$14,021
- - - - - - - - - - - - - - -
0%
- - - -
$0
----------------------------------
100%
$14,028
-----------------------
South Wet Weather Lift Station' & Detention Pond
------------------
$1,552,898
10-%
-----------------
$154,828
--------------------
1 00%
-------------
$154,828
-------
0%
$ o--
Cooper Creek Lift Station and Force Main
-----------------
$2,150,236
--.
12%
.............
$263,119
100%
----------------
$263,189
-------------------
0%
$0
Pecan Creek Interceptor (Ph I & 2)
$3,363,189
8%
$258,084
45%
$116,138
55%
$141,946
Cooper Creek Cutfall (Loop 288)
$3,898,807
1%
$48,472
100%
$48,472
0%
$0
Krum-Sewer-L-ine
$398,450
28-%
$111,343
100%
------------------------------------
$111,343
0%
$0
----------------------------------------
Graveyard Branch Interceptor
----------------
$5,004,952
----
2%
...........
$99,389
100%
$99,389
0%
$0
Roark Branch Interceptor
$854,774
53%
$453,361
100%
------------------------------------
$453,361
0%
$0
--------- --------------------------
State School Interceptor 1
$1,660,869
3%
$46,455
100%
$46,455
0%
$0
--------- --------------------------
Pecan Creek Interceptor 1
$1,975,672
9%
--------------------------
$177,933
9%
$16,014
-----------------------------------
91%
$161,919
Totals
$78,139,610
$18,704,896
$16,570,541
$2,173,821
EXHIBIT 4
20134023
I
Capital improvements Plan
for Water andi Wastewater
Impact Fees
Denton,, Texas
MEMM=000137ne
August2013
FURUC REVIEW DRAFf
Prepared for the City of Denton by Duncan Associates
Clancy Mullen, Project Manager
360 Nueces St., Suite 2701, Austin, TX 78701
512 -258 -7347
clancy;cx duncanassociates.com
Table of Contents
EXECUTIVESUMILARY .................................................................................. ..............................1
LEGALFRAMEWORK .................................................................................... ...............................
3
SERVICEAREAS ................................................................................................ ...............................
5
LAND USE ASSUMPTIONS ........................................................................... .............................12
Table 9.
SERVICEUNITS ................................................................................................. ............................1-1
WATER.................................................................................................................. .............................15
Peak Day Water Demand, 2007 -2012 ............................................. .............................17
ServiceUnits ...................................................................................................... .............................15
Table 11.
DemandProjections ........................................................................................ .............................16
N\,ater Treatment ............................................................................................... .............................18
Water Treatment Plant Utilization, 2013 -2023 .............................. .............................19
WaterSupply ..................................................................................................... .............................19
Table 13.
Costper Service Unit ....................................................................................... .............................20
NetCost per Service Unit ............................................................................... .............................23
System -Hide Water Growth Costs, 2013 -2023 ............................. .............................21
NetCost Schedule ............................................................................................ .............................25
Table 15.
WASTEWATER................................................................................................. ...............................
27
ServiceUnits ...................................................................................................... .............................27
Water Cost per Service Unit by Service Area ................................. .............................23
DemandProjections ........................................................................................ .............................28
Table 17.
WastewaterTreatment ..................................................................................... .............................29
WastewaterConveyance .................................................................................. .............................30
Outstanding Water Debt Related to Excess Capacity ................... .............................24
Costper Service Unit ....................................................................................... .............................32
Table 19.
NetCost per Service Unit ............................................................................... .............................33
NetCost Schedule ............................................................................................ .............................35
_APPENDIX: INTEREST CO STS ................................................................... .............................37
List of Tables
Table 1. Current Adopted Impact Fees ............................................................. ..............................1
Table 2. Updated Impact Fees per Service Unit ............................................. ............................... 2
Table 3. Water Total and Served Population by Service Area, 2013- 2023 .. .............................12
Table 4. Wastewater Total and Served Population by Service Area, 2013 -2023 .....................13
Table 5. Meter Capacity Ratios .......................................................................... .............................14
Table 6. Water Service Units, 2013 ................................................................... .............................15
Table 7.
Water Service Units, 2013 -2023 ......................................................... .............................16
Table 8.
Summary of Water Service Unit Growth, 2013 -2023 ..................... .............................16
Table 9.
Average Daily Water Production, 2007 - 2012 ................................... .............................17
Table 10.
Peak Day Water Demand, 2007 -2012 ............................................. .............................17
Table 11.
Average and Peak Day Retail Water Demand, 2013- 2023 ........... .............................18
Table 12.
Water Treatment Plant Utilization, 2013 -2023 .............................. .............................19
Table 13.
Water Supply Utilization, 2013- 2023 ............................................... .............................20
Table 14.
System -Hide Water Growth Costs, 2013 -2023 ............................. .............................21
Table 15.
Water Growth Costs by Service Area, 2013- 2023 ......................... .............................22
Table 16.
Water Cost per Service Unit by Service Area ................................. .............................23
Table 17.
Percent of Water Debt Related to Excess Capacity ...................... .............................23
Table 18.
Outstanding Water Debt Related to Excess Capacity ................... .............................24
Table 19.
Water Revenue Credit per Service Unit .......................................... .............................24
Table 20. Water Net Cost per Service Unit by Service Area ......................... .............................24
Table 21. Water Net Cost Schedule .................................................................. .............................25
Table 22. Comparative Water Impact Fee Revenues, 2013- 2023 ................. .............................25
Table 23. Water Growth Costs and Revenues, 2013- 2023 ............................ .............................26
Table 24. Wastewater Service Units, 2013 ....................................................... .............................27
Table 23. Wastewater Service Units, 2013- 2023 .............................................. .............................28
Table 26. Per Capita Wastewater Demand ....................................................... .............................28
Table 27. Projected Wastewater Demand, 2013- 2023 .................................... .............................29
Table 28. Wastewater Treatment Plant Utilization, 2013- 2023 ..................... .............................30
Table 29. Wastewater Conveyance Capacities and Flows, 2013- 2023 ......... .............................31
Table 30. Wastewater Growth Costs by Service Area, 2013- 2023 ............... .............................32
Table 31. Wastewater Cost per Service Unit by Service Area ....................... .............................33
Table 32. Percent of Wastewater Debt Related to Excess Capacity ............ .............................34
Table 33. Outstanding Wastewater Debt Related to Excess Capacity ......... .............................34
Table 34. Wastewater Revenue Credit per Service Unit ................................. .............................34
Table 35. Wastewater Net Cost per Service Unit by Service Area ............... .............................35
Table 36. Wastewater Net Cost Schedule ........................................................ .............................35
Table 37. Comparative Wastewater Impact Fee Revenues, 2013- 2023 ....... .............................36
Table 38. Wastewater Growth Costs and Revenues, 2013- 2023 .................. .............................36
Table 39. Outstanding Utility Debt Service ..................................................... .............................37
List of Figures
Figure 1. Water CCN and Wholesale Customers ............................................. ..............................6
Figure 2. Wastewater CCN and Wholesale Customers ................................... ..............................7
Figure 3. Current Water Service Areas ............................................................. ............................... 8
Figure 4. Current Wastewater Service Areas ..................................................... ..............................9
Figure 5. Potential Water and Wastewater Zone IA Service Area ............... .............................10
Figure 6. Potential Zone IA Service Area and Water CCN .......................... .............................11
EXECUTIVE SUMMARY
Duncan Associates has been retained by the City of Denton to update the City's water and
wastewater impact fees. Land use assumptions that provide the planning basis for the impact fee
analysis were prepared by the City- of Denton Planning Department and are provided in a separate
document. This report provides all of the analysis for the impact fee Capital Improvements Plan
required by Chapter 395, the Texas impact fee enabling act. It is based on cost and
demand /capacity- analysis prepared by Freese & Nichols engineers and City- staff engineers.
The City's current water and wastewater impact fees are summarized in Table 1. In the last update
of the City's utility impact fees, which became effective on August 1, 2008, the City moved from a
single service area for both water and wastewater to tvo service areas. The tvo service areas are
somewhat different for water and wastewater.
The maximum fees calculated in the 2008 study were adopted at somewhat different percentages for
the tvo service areas. For water, the fees were adopted at 9-1.6° o of the maximum amount in Zone
1 and 94.40,o in Zone 2. For wastewater, the fees were adopted at 91.1° o in Zone 1 and 99.90,o in
Zone 2.
Table 1. Current Adopted Impact Fees
Water Impact Fees
5/8" 0/4"
$3,594
$4,237
$3,400
$4,000
94.6%
94.4%
3/4"
$5,391
$6,356
$5,100
$6,000
94.6%
94.4%
1"
$8,985
$10,593
$8,500
$10,000
94.6%
94.4%
11/2"
$17,970
$21,185
$17,000
$20,000
94.6%
94.4%
2"
$28,752
$33,896
$27,200
$32,000
94.6%
94.4%
Wastewater Impact Fees
5/8" 0/4"
$1,867
$1,762
$1,700
$1,760
91.1%
99.9%
3/4"
$2,801
$2,643
$2,550
$2,640
91.1%
99.9%
1"
$4,668
$4,405
$4,250
$4,400
91.0%
99.9%
1 1/2"
$9,335
$8,810
$8,500
$8,800
91.1%
99.9%
2"
$14,936
$14,096
$13,600
$14,080
91.1%
99.9%
Source: Fees calculated in 2008 study from Duncan Associates, 2008 -2018 Capita/
Improvements Plan for Water and Wastewater Impact Fees, April 2008; adopted fees
from City of Denton Code of Ordinances, Sec. 26.22.
The City Council has the option of retaining the current tvo -zone structure or moving to a three -
zone structure that includes an "infill" zone by splitting Zone 1 into Zone IA ( infill) and Zone 1B
(remainder). Table 2 below compares the current adopted fees to the updated maximum fees
calculated in this study for both of these options.
City of IIDenton, iX III PURUC REVIEW 1)RAIT ��st �.��rr assc�ciates
2013 -2023 Capital Improvements Plan 1 August 15, 2013
Executive Summary
Table 2. UDdated Imaact Fees Der Service Unit
Zone 1 Water Service Area
$3,400
$4,593
35%
Zone 1A (Infill) Water Service Area
n/a
$3,167
-7%
Zone 1 B (Remainder) Water Service Area
n/a
$5,250
54%
Zone 2 Water Service Area
$4,000
$5,753
44%
Potential Water Fee Revenue ($ millions), 2013 -2023
$40.1
$55.0
37%
Zone 1 Wastewater Service Area
$1,700
$3,175
87%
Zone 1A (Infill) Wastewater Service Area
n/a
$1,285
-24%
Zone 1 B (Remainder) Wastewater Service Area
n/a
$4,010
136%
Zone 2 Wastewater Service Area
$1,760
$1,400
-20%
Potential Wastewater Fee Revenue ($ millions), 2013 -2023
$16.5
$27.5
67%
Source: Current fees per service unit are adopted fees for 5/8" x 3/4" meter from Table 1; updated maximum fees
per service unit from Table 20 (water) and Table 35 (wastewater); revenues from Table 22 (water) and Table 37
(wastewater).
In the adoption of updated water and wastewater impact fees, the Council has three main sets of
options:
❑ The Council may retain the current two Zone 1 and Zone 2 service areas, or split Zone 1
into infill (Zone IA) and remainder (Zone 113) service areas.
❑ The Council may, by policy, adopt the updated maximum fees at a percentage less than 100
percent. In addition, the adoption percentage could vary by service area, as in the 2008 update.
❑ The Council may adopt different Schedule 1 (maximum) and Schedule 2 (collection) fees.
Schedule 1 fees are those that are assessed at time of final subdivision plat recording; and determine
the maximum fees that may ever be collected from lots within the plat. Currently, the Schedule 1
and Schedule 2 rates shown in the impact fee ordinance are identical. In this update, the schedules
could be different, with Schedule 1 fees being the maximum fees calculated in this report and
Schedule 2 fees being fees adopted at some percentage less than 100 percent. _adoption percentages
may vary by service area, as was done in the 2008 update. However, the fees should be adopted at a
uniform percentage for all meter sizes within a service area.
The last option was less important in the 2008 update, since the lowest adoption percentage was
91"o of the maximum fee. However, if updated fees for any service area are adopted at a
significantly lower percentage, it is recommended that the Schedule 1 fees represent the maximum
fees. This would give future Councils the option of increasing the collection rate for lots that were
platted at a time when the collection rate was significantly- lower than the full net cost to serve a new
customer.
City of IIDenton, " "III PUBLIC REVIEWDRAh°I' ��st �.��rr assc�ciates
2013 -2023 Capital Improvements Plan 2 August 15, 2013
LEGAL FRAMEWORK
Impact fees are a way for local governments to require new developments to pay a proportionate
share of the infrastructure costs they impose on the community. In contrast to traditional
"negotiated" developer exactions, impact fees are charges that are assessed on new development
using a standard formula based on objective characteristics , such as the number and type of dwelling
units constructed. The fees are one -time, up -front charges, with the payment usually made at the
time of building permit issuance. Impact fees require each new development project to pay its pro -
rata share of the cost of new capital facilities required to serve that development.
Impact fees in Texas must be developed in accordance with Chapter 395 of the Texas Local
Government Code. The State law lays out very specific requirements for the technical development
of these fees as well as the procedures necessary for enactment of such fee programs.
Since the 2001 amendments to Chapter 395, credits against the impact fees for other taxes or fees
that would be paid by new development and used for capital improvements of the same facility type
as the impact fee are now required. As an alternative to performing a revenue credit calculation,
cities can simply reduce the impact fees by fifth- percent.
A literal reading of subsection A above could be misleading, because it would mare little sense to
calculate a credit for the eligible improvements in the capital improvements plan. Since new
development will be paying for such costs through impact fees, no rate revenues should be needed
to fund such improvements if impact fees are adopted at the full calculated amounts. However, one
can read the phrase "capital improvements plan" more broadly to include all existing facilities
(Chapter 395 does require that the plan include an inventory of existing facilities). New customers
will be paying for the remaining debt service on past improvements, and if no credits were provided
they would in effect be paying for their costs through impact fees and some of existing customers'
costs through the portion of their rates that go to debt retirement. To avoid this kind of potential
double - payment, credit will be provided for the share of outstanding debt that is attributable to
capacity that is serving existing customers. In addition, some of the planned improvements will also
remedy some capacity- deficiencies, and an impact fee credit is provided for rate revenue that new
customers will generate that will be retire debt associated with remedying existing deficiencies.
Revised impact fees based on this study will not apply to lots platted when a previous fee schedule
was in place. Chapter 395 states that the impact fee schedule that is in effect at the time a lot is
platted is the one that applies to the property, regardless of when development occurs. This occurs
through a process called "assessment." Assessment must occur at the time of plat recording, or, for
property already platted or not required to be platted, at the time of development approval or
building permit, whichever occurs first. The statute makes clear that no action by the local
government is required for assessment to occur. Essentially, impact fee assessment locks in the fee
schedule in place at the time assessment occurs. Any subsequent revision to the impact fee schedules
does not affect the impact fees owed for the development.
The City's water and wastewater impact fees ordinance (Chapter 26, Article IN� provides two water
and wastewater impact fee schedules. Schedule 1 contains the maximum impact fees per service
unit, while Schedule 2 contains the impact fee per service unit that is currently being collected.
N\'hen a property is subdivided, it is assessed at the maximum Schedule 1 rate, and the impact fees
Uty of IIDenton, "III PUBLIC REVIEWDRAh°I' ��st �.��rrassc�ciates
2013 -2023 Capital linproveinents Plan 3 August 15, 2013
Legal Framework
that are assessed at platting represent the maximum fee per service unit that can be collected from
the subdivided property. The ordinance also contains the historical Schedule 1 fees that apply- to
property that was subdivided when the previous Schedule 1 fees «%ere in place.
Currently, the Schedule 1 and Schedule 2 rates are identical. In this update, the schedules could be
different, with Schedule 1 fees being the maximum fees calculated in this report and Schedule 2 fees
being fees adopted at some percentage less than 100 percent. _adoption percentages may vary by
service area, as was done in the 2008 update. However, the fees should be adopted at a uniform
percentage for all meter sizes within a service area.
Oty of IIDenton, "III PUBLIC REVIEWDRAh°I' ��st �.��rrassc�ciates
2013 -2023 Capital linproveinents Plan 4 August 15, 2013
SERVICE AREAS
Chapter 395 lays down a number of requirements rep arding service areas. The Land Use
Assumptions must be prepared for each service area. The Capital Improvements Plan, in turn, must
include a description of the capital improvements and costs for each service area, based on the Land
Use Assumptions. Finally, impact fees collected from development within a service area must be
spent with the same service area.
The Texas impact fee enabling act, in Sec. 395.001(9), defines "service area" as:
the area within the corporate boundaries or extraterritorial jurisdiction... of the political subdibision to be
served by the capital improvements or facilities expansions specified in the capital improvements plan....
The seniee area, for the puaposes of this chapter; may, include all or past of the lald viMill the political
subdirisio i oritr eNha/oe iNialjmisdictio a.
The City has considerable discretion in the designation of service areas within its jurisdiction. As a
general rule, the fewer the number of service areas, the better. Since funds collected from a service
area must be spent within the same service area, the creation of a large number of small service areas
will restrict the flexibility of spending impact fee revenues and may mare it difficult accumulate
sufficient funds in some service areas within the fire years allowed by law to spend them. The State
statute specifically authorizes "systemwide" Land Use Assumptions for water and wastewater
facilities.
A Certificate of Convenience and Necessit< (CCN) must be appro�-ed by the Texas Commission on
Environmental Quality formerly the Texas Natural Resources Conservation Commission) before
services may be provided to properties within the designated area. The City's water and wastewater
CCNs include all of the area within the City of Denton, plus different areas of the City's Extra -
Territorial Jurisdiction (ETJ). The wastewater service area encompasses an area larger than the
water service area. The water and wastewater CCNs are illustrated in Finire 1 and Figure 2.
The CCN maps also show the location of the City's wholesale customers. No costs associated with
providing service to wholesale customers have been included in the impact fee calculations.
Oty of IIDenton, "III PUBLIC REVIEWDRAh°I' ��st �.��rrassc�ciates
2013 -2023 Capital Improvements Plan 5 August 15, 2013
Service Areas
rigure i. vvaier ut-im ana vvnoiesaie %- usiomers
Oty of Denton, "III PUBLIC REVIEWDRAh°I' ��st �.��rrassc�ciates
2013 -2023 Capital Improvements Plan 6 August 15, 2013
re Z. wastewater (;(;N and wholesale Customers
Argyle
Corinth
Krum
City of Denton Wastewater CCN
Service Areas
0�
- ------ LAKE RAY ROBERTS
City o IlDen ton, "III'" X PUBLIC REVIEW DRMIT 111cl, ates
2013-2023 Capital Improvements Plan 7 August 15, 2013
Service Areas
The City's water and wastewater CCNs are currently each divided into two service areas. The Zone
1 and Zone 2 water service areas are shown in Figure 3.
For wastewater, the CCN is currently- divided into two service areas, although there are as yet no
City- wastewater customers in Zone 2. Zone 2 is the Clear Creep drainage basin, while the rest of the
City falls into Zone 1 (Pecan Creek, Hickory Creek and Cooper Creek basins). The current
wastewater Zone 1 and Zone 2 service areas are shown in Figire 4.
City of IIDenton, "III PUBLIC REVIEWDRAh°I' ��st �.��rrassc�ciates
2013 -2023 Capital Improvements Plan 8 August 15, 2013
Service Areas
Figure 4. Current Wastewater Service Areas
_.
f
11
1
t
1
J- Fiu�fbrll7w $ '�
iii
�� i [ viii /i ✓ 1 ii
LI_
l E f iiai iiiiiiiii E`
1 ��<+ �,
r �
,
_.�i Sc
I
s
_ 4 q
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V
7 L� { LI
f G r it�i 1
f t�
nn ,
r I
4 6
y,
A, 1H301J IUM� 1 , A "'Y
T
f
i
This update provides the City- with the option of dividing the current water and wastewater Zone 1
service areas into Zone 1A, which is the City's adopted Infill District, a special purpose zoning
district, and Zone 1B, which is the remainder of the current Zone 1 service areas. The potential
Zone 1A service area is shown in Figure 5.
City of IIDenton, IX 111cl, ���.��rrassc�ciates
2013 -2023 Capital Improvements Plan 9 August 15, 2013
Service Areas
Figure 5. Potential Water and Wastewater Zone 1A Service Area
d,k
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Oty of Denton, "III PUBLIC REVIEWDRAh°I' ��lst ,;,.��rrlass�c�ciates
2013 -2023 Capital Improvements Plan 10 August 15, 2013
Service Areas
The location of the potential Zone 1A service area is illustrated in the context of the City's water
CCN in Figure 6.
rigure o. rozenvai cone 1A aervice Area ana waxer uum
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uuuum um uuuuuuuu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum uuuuuuuuuuuuuuuuuuuuuuuuuuu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum
Uty of IIDenton, "III PUBLIC REVIEW DRMIT 111cl, ates
2013 -2023 Capital Improvements Plan 11 August 15, 2013
LAND USE ASSUMPTIONS
"Land Use Assumptions" is the term used in Chapter 395 to refer to growth projections. It is
defined as a "description of the service area and projections of changes in land uses, densities,
intensities and population in the service area over at least a 10 -year period." The purpose of the
Land Use Assumptions is to project the demand for capital improvements that will be needed to
serve anticipated growth.
The Land Use Assumptions must cover at least a 10 -year period. The Capital Improvements Plan on
which the impact fees are calculated must contain the projected demand for capital facilities required
over a period not to exceed ten years. Since the two must be compatible, both the Land Use
Assumptions and the Capital Improvements Plan should cover a 10 -year period.
A document meeting the Chapter 395 requirements for Land Use Assumptions was prepared by
City- planning staff in July 2013. The report contains 2013 -2023 projections for population dwelling
units nonresidential square footage developed and undeveloped acres residential densities and
nonresidential intensities for the City's current and potential water and wastewater service areas.
For the purpose of the Capital Improvements Plan, the key inputs from the Land Use Assumptions
are the projections total population and served population (retail customer population connected to
the City's water or wastewater systems). These are summarized in Table 3 for the water service
areas.
Table 3. Water Total and Served Population by Service Area, 2013 -2023
2013
49,624
49,128
68,426
67,742
2,282
2,259
120,332
119,129
99.0%
2014
50,140
49,639
69,715
69,017
2,282
2,259
122,137
120,915
99.0%
2015
50,655
50,148
71,032
70,322
2,282
2,259
123,969
122,729
99.0%
2016
51,171
50,659
71,762
71,044
2,282
2,259
125,215
123,962
99.0%
2017
51,753
51,235
73,058
72,328
2,282
2,259
127,093
125,822
99.0%
2018
52,784
52,256
74,437
73,692
2,414
2,390
129,635
128,338
99.0%
2019
53,684
53,147
75,866
75,108
2,677
2,650
132,227
130,905
99.0%
2020
54,134
53,593
77,667
76,890
3,071
3,040
134,872
133,523
99.0%
2021
54,584
54,038
79,035
78,245
3,950
3,911
137,569
136,194
99.0%
2022
54,944
54,395
79,973
79,173
5,404
5,350
140,321
138,918
99.0%
2023
55,304
54,751
80,744
79,937
7,079
7,008
143,127
141,696
99.0%
Source: City of Denton Planning and Development Department, "Land Use Assumptions for Impact Fee Assessments," July
2013; system -wide total and served population from Exhibit 1.C, Table 1; percent served is ratio of system -wide served to
total population; total Zone 1A population from Exhibit 4, Table 1; total Zone 2 population from Exhibit 3, Table 1; Zone 1A
and Zone 2 served populations are the product of total population and % served; Zone 1B total and served populations are
the residuals.
Total and served population projections for the wastewater service areas are summarized in Table 4
below.
City of IIDenton, IX REVIEWI1BAh°I' ��st F�.��rr assc�ciates
2013 -2023 Capital Irnprovernents Plan 12 August 15, 2013
Land Use Assumptions
Table 4. Wastewater Total and Served Population by Service Area, 2013 -2023
2013
49,624
49,128
68,525
67,839
1,596
1,580
119,745
118,547
99.0%
2014
50,140
49,639
69,805
69,107
1,596
1,580
121,541
120,326
99.0%
2015
50,655
50,148
71,113
70,403
1,596
1,580
123,364
122,131
99.0%
2016
51,171
50,659
71,834
71,116
1,596
1,580
124,601
123,355
99.0%
2017
51,753
51,235
73,121
72,390
1,596
1,580
126,470
125,205
99.0%
2018
52,784
52,256
74,619
73,873
1,596
1,580
128,999
127,709
99.0%
2019
53,684
53,147
76,299
75,536
1,596
1,580
131,579
130,263
99.0%
2020
54,134
53,593
77,954
77,174
2,123
2,102
134,211
132,869
99.0%
2021
54,584
54,038
79,399
78,605
2,912
2,883
136,895
135,526
99.0%
2022
54,944
54,395
80,463
79,658
4,226
4,184
139,633
138,237
99.0%
2023
55,304
54,751
81,384
80,569
5,738
5,681
142,426
141,001
99.0%
Source: City of Denton Planning and Development Department, "Land Use Assumptions for Impact Fee Assessments," July
2013; system -wide total and served population from Exhibit 1.C, Table 1; percent served is ratio of system -wide served to
total population; total Zone 1A population from Exhibit 4, Table 1; total Zone 2 population from Exhibit 2, Tables 1 -3; Zone 1A
and Zone 2 served populations are the product of total population and % served; Zone 1B total and served populations are
the residuals.
Oty of IIDenton, IX REVIEWDRAh°I' ��st F�.��rr assc�ciates
2013 -2023 Capital Irnprovernents Plan 13 August 15, 2013
SERVICE UNITS
To calculate impact fees in accordance with Chapter 395, the growth in demand for capital facilities
over the planning horizon must be expressed in "service units," which are defined in Sec.
395.001(10) as:
... a standardi .Zed measure of consumption, use, generation, or discharge attributable to an indizndual unit of
der elopnlelit calculated ila acconlance ll'itlrgelmally accepted eligineoily orplannin; sl�mdanls for a paltieular
cate;oly' f eaftalimpmr'eyllel ?ti of fda7lity L'.fal?.lZOns.
Service units for water and wastewater impact fees are tv ically based upon the capacity attributable
to water meters in the utility- system. The reason for this is that water meters are physical elements
that are under the control of the utility and that limit the maximum demand of various users.
The service unit for Denton's water and wastewater impact fees is the "single- family equivalent"
(SFE), which is based on the size of the water meter. An SFE is the water or wastewater demand
associated with the smallest water meter used in the system (5/8" x 3/4 "), which is the meter
typically used by a single - family residence. The ratio of each larger meter's capacity to the capacity
of the base meter determines the SFE multiplier applied to each larger meter size.
The City's original water and wastewater impact fees were based on meter capacities from the
American Water Works Association. In the opinion of the City's water division staff, the capacities
as rated by the manufacturer that supplies the City's meters are more accurate for larger meters, and
have been used since the 2003 update. The current SFE equivalency factors are shown in Table 5.
Table 5. Meter Capacity Ratios
5/8" x 3/4"
1.0
3/4"
1.5
1"
2.5
1 -1/2"
5.0
2"
8.0
3"
22.5
4"
50.0
6"
100.0
8"
200.0
10"
325.0
Source: City of Denton Code of Ordinances,
Chapter 26, Article IV, Exhibit F.
When impact fees are collected, the amount due is calculated by multiplying the number of service
units associated with each meter size by the impact fee per service unit. However, some additional
rules apply. The developer may submit or the water utilities director may require the preparation of
a study to determine the appropriate number of service units. Multi- family projects with more than
eight apartments are assessed at the rate of 0.26 service units per bedroom. Infill development,
defined as single- family residences of less than 1,300 square feet and located on a lot of less than
6,000 square feet in the water Zone 1 or wastewater Zone 1 service areas, is assessed at the rate of
0.50 service units per dwelling unit.
City of Denton, IX REVIEW 1)RAIT �� °t a �sy.n�rr assc�ciates
2013 -2023 Capital Improvements Plan 14 August 15, 2013
WATER
Denton's water system provides retail water service to all customers located within the CCN area, as
well as some wholesale customers. The water impact fees calculated here only cover capital costs
associated with providing water service to retail customers.
Service Units
As discussed in the introduction, the current service unit for Denton's water impact fees is the
"single- family equivalent" (SFE), which is based on the size of the water meter. The number of
service units associated with meters of different sizes was calculated earlier. Multiplying the number
of existing connections for each meter size by the service units per meter yields total service units
for that meter size. Summing for all meter sizes yields the total number of water service units
connected to the City's water system, as shown in Table 6. Wholesale customers have been
excluded from the existing service unit calculations.
Table 6. Water Service Units, 2013
5/8" x 3/4" 28,943
1.0
28,943
1" 1,393
2.5
3,483
1 -1/2" 816
5.0
4,080
2" 1,309
8.0
10,472
3" 254
22.5
5,715
4" 64
50.0
3,200
6" 13
100.0
1,300
8" 11
200.0
2,200
10" 2
325.0
650
Total SFEs
60,043
Total Served Population, 2013
119,129
SFEs per Served Population
0.5040
Source: Number of average active non - wholesale water
connections by meter size from City of Denton Municipal
Utilities, February 13, 2013; SFEs per meter from Table 5;
total 2013 served water population from Land Use
Assumptions (see Table 3 above).
The growth in water service units (SFEs) over the 2013 -2023 planning period is derived from the
Land Use Assumptions. Total population served by the Denton Utilities water system for each
service area from the Land Use Assumptions is multiplied by the existing service unit -to- served
population ratio calculated in the previous table to determine the projected number of service units
for each year through 2023 in Table 7. Service units are estimated by service area (including for the
potential "infill" service area) as well as the entire system.
City of IIDenton, iX III PURUC REVIEW 1)RAh°I' ��st y.��rr assc�ciates
2013 -2023 Capital Irnprovernents Plan 15 August 15, 2013
Water
Table 7. Water Service Units, 2013 -2023
2013
49,128
24,761
67,743
34,143
2,259
1,139
119,129
60,043
2014
49,639
25,018
69,017
34,785
2,259
1,139
120,915
60,942
2015
50,148
25,275
70,322
35,442
2,259
1,139
122,729
61,856
2016
50,659
25,532
71,044
35,806
2,259
1,139
123,962
62,477
2017
51,235
25,822
72,328
36,453
2,259
1,139
125,822
63,414
2018
52,256
26,337
73,692
37,141
2,390
1,205
128,338
64,683
2019
53,147
26,786
75,108
37,854
2,650
1,336
130,905
65,976
2020
53,593
27,011
76,890
38,753
3,040
1,532
133,523
67,296
2021
54,038
27,235
78,245
39,435
3,911
1,971
136,194
68,641
2022
54,395
27,415
79,173
39,903
5,350
2,696
138,918
70,014
2023
54,751
27,595
79,937
40,288
7,008
3,532
141,696
71,415
Source: Served population from City of Denton, Land Use Assumptions (see Table 3); service units (Single - Family
Equivalents or SFEs) is product of served population and 2013 ratio of SFEs /served population from Table 6.
The projected growth in water service units over the 10-year planning horizon is summarized in
Table 8 for each service area.
Table 8. Summary of Water Service Unit Growth, 2013 -2023
Zone 1A (Infill)
24,761
27,595
2,834
25%
Zone 1B (Rest)
34,143
40,288
6,145
54%
Zone 2
1,139
3,532
2,393
21%
Total
60,043
71,415
11,372
100%
Source: Table 7
Demand Projections
Two types of water demand are relevant for water impact fees. Water treatment, transmission and
distribution systems are sized to accommodate pear dad- demand requirements. Water supply-
facilities are required only to accommodate average daily- demand.
Average daily- per capita water demand can be determined based on historic system -wide demand in
millions of gallons per dad- (mgd) and historic service area population. These per capita estimates
represent both residential and nonresidential demand, and are useful for projecting future system
requirements, particularly- when no significant shifts of land use ratios are expected.
Average daily- per capita demands over the last six rears are presented in the following Table 9.
These data show that non - wholesale water demand has averaged 158 gallons per capita per dad-
(gpcd). The data also indicate that there is relatively little water lost in the process, with the raw
water used exceeding finished water produced by an average of only 3"o percent.
City of IIDenton, iX III PURUC REVIEW I1RAh°I' ��st y.��rr assc�ciates
2013 -2023 Capital Irnprovernents Plan 16 August 15, 2013
Table 9. Avera
Daily Water Production, 2007 -2012
Water
2007 15.679 0.214 15.894 0.002 15.896 1.000 108,674 144
2008 17.720 0.264 17.984 0.308 18.292 1.017 111,362 162
2009 16.704 0.311 17.015 0.714 17.729 1.042 113,464 153
2010 16.758 0.256 17.014 0.565 17.578 1.033 115,055 150
2011 19.638 0.298 19.936 0.961 20.897 1.048 116,206 177
2012 18.167 0.278 18.445 0.770 19.215 1.042 117,368 161
Average 17.444 0.270 17.715 0.553 18.268 1.030 113,688 158
Source: Average daily water production and 2007 -2010 total water CCN population from City of Denton Municipal
Utilities, February 13, 2013; 2007 -2010 served population is 99% of total population; 2011 -2012 served population
from City of Denton Planning and Development Department, "Land Use Assumptions for Impact Fee Assessments,"
July 2013; retail demand (gpcd) determined by multiplying retail consumption (in gpd) by ratio of raw to finished
water, then dividing by served population.
Peak day- demand over the last six rears is compared to average daily- demand in Table 10. These
data indicate that peak day demand in Denton's water system averages 1.86 times average dap
demand.
Table 10. Peak Day Water Demand, 2007 -2012
2007
30.24
15.89
1.90
2008
33.05
17.98
1.84
2009
31.01
17.01
1.82
2010
31.87
17.01
1.87
2011
37.52
19.94
1.88
2012
34.52
18.44
1.87
Average
33.04
17.71
1.86
Source: City of Denton Municipal Utilities; figures represent
total finished water production (includes wholesale use).
Based on these historical factors, average and peak day water demand from retail customers is
projected for the 2013 -2023 planning period in Table 11 on the following page.
City of IIDenton, IX REVIEW1)RAIT ��st y.��rr assc�ciates
2013 -2023 Capital Irnprovernents Plan 17 August 15, 2013
Water
2013
119,129
158
18.82
1.030
19.38
1.86
36.05
2014
120,915
158
19.10
1.030
19.67
1.86
36.59
2015
122,729
158
19.39
1.030
19.97
1.86
37.14
2016
123,962
158
19.59
1.030
20.18
1.86
37.53
2017
125,822
158
19.88
1.030
20.48
1.86
38.09
2018
128,338
158
20.28
1.030
20.89
1.86
38.86
2019
130,905
158
20.68
1.030
21.3
1.86
39.62
2020
133,523
158
21.10
1.030
21.73
1.86
40.42
2021
136,194
158
21.52
1.030
22.17
1.86
41.24
2022
138,918
158
21.95
1.030
22.61
1.86
42.05
2023
141,696
158
22.39
1.030
23.06
1.86
42.89
Source: Served population from Table 7; average day per capita demand and ratio of raw to finished water
production from Table 9; ratio of peak day to average day finished water production from Table 10; raw water
and peak day demand exclude demand due to wholesale customers.
Water Treatment
N\,ater treatment facilities are sized to accommodate peak dad- demands. The maximum daily-
capacity- of the Labe Lewisville water treatment plant (WIP) is 28.9 m�gd. In June 2003, the City-
completed constniction of a new 20 mgd water treatment plant near Labe Rai- Roberts, bringing the
total capacity- of the tvo plants to 48.9 mgd.
As summarized in Table 12, current retail demand plus wholesale water sales consumes the
equivalent of all of the capacity- of the Labe Lewisville plant and 38.3 "o percent of the existing; 20-
mgd Labe Rai- Roberts plant. New water customers over the next ten rears will increase the
utilization of the Labe Rai- Roberts plant capacity- to 72.50ro.
City of IIDenton, "III PUBLIC REVIEWDRAh°I' ��st �.��rr assc�ciates
2013 -2023 Capital Irnprovernents Plan 18 August 15, 2013
Water
Table 12. Water Treatment Plant Utilization, 2013 -2023
Retail Peak Day Demand (mgd), 2013
36.05
Wholesale Peak Day Demand (mgd), 2013
0.50
Total Current Demand (mgd), 2013
36.55
— Lake Lewisville Plant Capacity (mgd)
-28.90
Needed Capacity from Lake Ray Roberts Plant (mgd)
7.65
Existing Lake Ray Roberts Plant Capacity (mgd)
20.00
Percent of Existing Lake Ray Roberts Plant Needed, 2013
38.3%
Retail Peak Day Demand, 2023 (mgd)
42.89
Wholesale Peak Day Demand (mgd), 2023
0.50
Total Peak Day Demand (mgd), 2023
43.39
— Lake Lewisville Plant Capacity (mgd)
-28.90
Needed Capacity from Lake Ray Roberts Plant (mgd), 2023
14.49
Existing Lake Ray Roberts Plant Capacity (mgd)
20.00
Percent of Lake Ray Robert Plant Capacity Needed, 2023
72.5%
Percent of Lake Ray Robert Plant Capacity Needed, 2023 72.5%
— Percent of Lake Ray Roberts Capacity Needed, 2013 -38.3%
Percent of Lake Ray Roberts Capacity Needed, 2013 -2023 34.2%
Source: 2013 and 2023 average day water demand from Table 11; plant capacities from
City of Denton Municipal Utilities.
Water Supply
The City's water supply comes primarily from water rights in Lake Lewisville and Lake Ray Roberts.
The Lewisville Reservoir was constricted by the U.S. Corps of Engineers to hold a total of 436,000
acre -feet of conservation storage, of which the City holds the right to 21,000 acre -feet of storage.
Based on a safe yield of 902 mgd, the City receives 4.34 mgd in water rights from Lake Lewisville.
Most of the City's remaining water needs are supplied by Lake Ray Roberts. The reservoir was
constricted by the U.S. Corps of Engineers, with the cities of Denton and Dallas being the local
sponsors and responsible (26 "o and 740ro respectively) for repaying 50 percent of the total cost. The
City has water rights of 19.8 mgd from this lake, resulting in total water rights of 24.1 mgd.
Additional water supply capacity comes in the form of credits for a portion of other user's
wastewater that is returned to these water bodies ( "effluent credits "), as well as contract rights with
the City of Dallas. The City's contract with Dallas reserves a minimum of 0.50 mgd, regardless of
whether the City needs it, and the City- also has the right to purchase additional water as needed.
However, these additional sources of supply will not be considered in evaluating the City's water
supply. The City's water supply is summarized in Table 13. Projected growth over the planning
period will consume most of the current excess capacity in Lake Ray Roberts.
City of IIDenton, " "III PUBLIC REVIEWDRAh°I' ��st y.��rr assc�ciates
2013 -2023 Capital Improvements Plan 19 August 15, 2013
Water
Table 13. Water Supply Utilization, 2013 -2023
Total Average Day Raw Water Demand (mgd), 2013 19.65
— Lake Lewisville Capacity (mgd) -4.34
Needed Capacity from Lake Ray Roberts, 2013 15.31
Lake Ray Roberts Capacity (mgd) 19.76
Percent of Lake Ray Roberts Capacity Needed, 2013 77.5%
Total Average Day Raw Water Demand (mgd), 2023 23.33
— Lake Lewisville Capacity (mgd) -4.34
Needed Capacity from Lake Ray Roberts, 2023 18.99
Lake Ray Roberts Capacity (mgd) 19.76
Percent of Lake Ray Roberts Capacity Needed, 2023 96.1%
Percent of Lake Ray Roberts Capacity Needed, 2023 96.1%
— Percent of Lake Ray Roberts Capacity Needed, 2013 -77.5%
Percent of Lake Ray Roberts Capacity Needed, 2013 -2023 18.6%
Source: 2013 and 2023 average day raw water demand is retail raw water demand
from Table 11 plus 0.27 mgd average wholesale demand from Table 9; lake capacities
from City of Denton Municipal Utilities.
Cost per Service Unit
Capital improvements identified in the City's water master plan and by City staff as necessary to
accommodate growth over the next ten years are summarized in Table 14. The capital
improvements include both existing facilities with excess capacity to serve new customer demand as
well as planned improvements
The portions of the costs of the Lake Ray Roberts treatment plant and the Lake Ray Roberts
reservoir that are attributable to growth Dyer the planning period are based on the c<pacit< of the
facilities and the new demand generated by the anticipated growth over the period. For pump
stations, water storage tanks and transmission lines, the portions of the costs attributable to growth
are based on determination of existing and planned facility- capacities and modeling of 2013 and
2023 demands performed by consulting engineers for the City of Denton. A portion of the cost of
three of the planned improvements will serve existing customers, and these are identified as existing
deficiencies.
City of IIDenton, " "III PUBLIC REVIEWDRAh°I' ��st y.��rr assc�ciates
2013 -2023 Capital Improvements Plan 20 August 15, 2013
Water
Table 14. System -Wide Water Growth Costs, 2013 -2023
Lake Ray Roberts
$153,306,163
77.5%
96.1%
18.6%
$28,514,946
$0
Lake Ray Roberts Water Treatment Plant
$56,445,235
38.3%
72.5%
34.2%
$19,304,270
$0
54" Transmission Line
$9,590,299
30.0%
45.0%
15.0%
$1,438,545
$0
Loop 288 Water Main, Sherman -UNT
$4,361,849
25.0%
40.0%
15.0%
$654,277
$0
Loop 288 Water Main, Sherman -380
$3,518,352
25.0%
40.0%
15.0%
$527,753
$0
NW Elevated Storage Tank
$2,339,988
30.0%
60.0%
30.0%
$701,996
$0
SW Pump Station
$5,912,002
20.0%
40.0%
20.0%
$1,182,400
$0
SW PS Oversize Discharge Line (30 -36 ")
$284,477
5.0%
10.0%
5.0%
$14,224
$0
Vintage Oversize Line (12 -20 ")
$254,269
25.0%
60.0%
35.0%
$88,994
$0
North -South Water Line, Phase 1
$6,038,601
25.0%
35.0%
10.0%
$603,860
$0
Roselawn Elevated Storage Tank
$6,299,440
75.0%
85.0%
10.0%
$629,944
$0
Roselawn Water Line
$1,797,363
30.0%
55.0%
25.0%
$449,341
$0
Masch Branch Rd Water Line Extension
$645,781
15.0%
30.0%
15.0%
$96,867
$0
US 380 Urban Utility Relocation
$1,519,926
25.0%
30.0%
5.0%
$75,996
$0
Rayzor Ranch Oversize Line (16 -20 ")
$133,226
10.0%
25.0%
15.0%
$19,984
$0
Subtotal, Existing Eligible Projects
$252,446,971
na
na
na
$54,303,397
$0
North -South Water Line, Phase 11
$5,380,772
0.0%
35.0%
35.0%
$1,883,270
$0
1 -35 Parallel Line Crossing
$1,959,552
15.0%
30.0%
15.0%
$293,933
$293,933
High School Booster Pump Station
$4,704,000
0.0%
30.0%
30.0%
$1,411,200
$0
Elm /Loop 288 Water Lines
$3,832,013
0.0%
30.0%
30.0%
$1,149,604
$0
Alfred /John Paine Water Line
$4,298,515
0.0%
20.0%
20.0%
$859,703
$0
Southwest Elevated Storage Tank
$5,376,000
10.0%
20.0%
10.0%
$537,600
$537,600
McKinney Water Line and PRV
$987,840
10.0%
25.0%
15.0%
$148,176
$98,784
University Water Line and PRV
$1,724,083
0.0%
30.0%
30.0%
$517,225
$0
New McKenna Booster Pump Station
$8,064,000
0.0%
65.0%
65.0%
$5,241,600
$0
1 -35W Water Line
$4,466,650
0.0%
20.0%
20.0%
$893,330
$0
1 -35W /Corbin Water Line
$1,781,472
0.0%
20.0%
20.0%
$356,294
$0
South Central Transmission Lines
$10,583,731
0.0%
15.0%
15.0%
$1,587,560
$0
Subtotal, Proposed Eligible Projects
$53,158,628
na
na
na
$14,879,495
$930,317
Total $305,605,599 na na na $69,182,892 $930,317
Source: Total costs in 2013 dollars and utilization percentages (for improvements other than Lake Ray Roberts and Lake Ray
Roberts water treatment plant) from Freese and Nichols, "Water Impact Fee Utilization Calculations," May 31, 2013; utilization
percentages for Lake Ray Roberts WTP from Table 12; utilization percentages for Lake Ray Roberts from Table 13; deficiency cost is
total cost times 2013 percent utilized for planned improvements.
City of IDenton, IX REVIEWDRAh°I' ��st �.��rr assc�ciates
2013 -2023 Capital Improvements Plan 21 August 15, 2013
Water
The system -wide growth costs shown above are allocated to service areas based on projected service
unit growth and /or hydrologic modeling, as shown in Table 15 below.
Table 15. Water Growth Costs by Service Area, 2013 -2023
Lake Ray Roberts
$28,514,946
25.0%
54.0%
21.0%
$7,128,737
$15,398,071
$5,988,139
Lake Ray Roberts WTP
$19,304,270
25.0%
54.0%
21.0%
$4,826,068
$10,424,306
$4,053,897
54" Transmission Line
$1,438,545
25.0%
54.0%
21.0%
$359,636
$776,814
$302,094
Loop 288 Water Main, Sherman -UNT
$654,277
25.0%
54.0%
21.0%
$163,569
$353,310
$137,398
Loop 288 Water Main, Sherman -380
$527,753
25.0%
54.0%
21.0%
$131,938
$284,987
$110,828
NW Elevated Storage Tank
$701,996
0.0%
100.0%
0.0%
$0
$701,996
$0
SW Pump Station
$1,182,400
0.0%
60.0%
40.0%
$0
$709,440
$472,960
SW PS Oversize Discharge Line (30 -36 ")
$14,224
0.0%
60.0%
40.0%
$0
$8,534
$5,690
Vintage Oversize Line (12 -20 ")
$88,994
0.0%
45.0%
55.0%
$0
$40,047
$48,947
North -South Water Line, Phase 1
$603,860
25.0%
54.0%
21.0%
$150,965
$326,084
$126,811
Roselawn Elevated Storage Tank
$629,944
25.0%
54.0%
21.0%
$157,486
$340,170
$132,288
Roselawn Water Line
$449,341
25.0%
54.0%
21.0%
$112,335
$242,644
$94,362
Masch Branch Rd Water Line Extension
$96,867
0.0%
100.0%
0.0%
$0
$96,867
$0
US 380 Urban Utility Relocation
$75,996
0.0%
100.0%
0.0%
$0
$75,996
$0
Rayzor Ranch Oversize Line (16 -20 ")
$19,984
0.0%
100.0%
0.0%
$0
$19,984
$0
Subtotal, Existing Eligible Projects
$54,303,397
na
na
na
$13,030,734
$29,799,250
$11,473,414
North -South Water Line, Phase 11
$1,883,270
0.0%
60.0%
40.0%
$0
$1,129,962
$753,308
1 -35 Parallel Line Crossing
$293,933
0.0%
100.0%
0.0%
$0
$293,933
$0
High School Booster Pump Station
$1,411,200
0.0%
100.0%
0.0%
$0
$1,411,200
$0
Elm /Loop 288 Water Lines
$1,149,604
0.0%
100.0%
0.0%
$0
$1,149,604
$0
Alfred /John Paine Water Line
$859,703
0.0%
35.0%
65.0%
$0
$300,896
$558,807
Southwest Elevated Storage Tank
$537,600
0.0%
60.0%
40.0%
$0
$322,560
$215,040
McKinney Water Line and PRV
$148,176
0.0%
100.0%
0.0%
$0
$148,176
$0
University Water Line and PRV
$517,225
0.0%
100.0%
0.0%
$0
$517,225
$0
New McKenna Booster Pump Station
$5,241,600
0.0%
60.0%
40.0%
$0
$3,144,960
$2,096,640
1 -35W Water Line
$893,330
0.0%
35.0%
65.0%
$0
$312,666
$580,665
1 -35W /Corbin Water Line
$356,294
0.0%
45.0%
55.0%
$0
$160,332
$195,962
South Central Transmission Lines
$1,587,560
0.0%
60.0%
40.0%
$0
$952,536
$635,024
Subtotal, Proposed Eligible Projects
$14,879,495
na
na
na
$0
$9,844,050
$5,035,446
Total $69,182,892 na na na $13,030,734 $39,643,300 $16,508,860
Source: System -wide growth costs from Table 14; service area utilization percentages from Freese and Nichols, "Water Impact Fee Utilization
Calculations," May 31, 2013.
In addition to those costs directly attributable to growth, there are interest costs associated with
funding capital improvements with revenue bonds or other forms of debt. The City traditionally
funds all of its major water system capital improvements with bonds, and consequently- incurs
interest costs. _according to State law, these interest costs can be recovered through impact fees.
Based on the analysis provided in the _appendix, the direct costs should be increased by 12.4"o to
account for interest costs. The final step in determining the cost per service unit is to divide the
total capital cost attributable to growth over the next ten rears in each service area by the anticipated
growth in service units over the same time period. The results are shown in Table 16 below.
City of IDenton, IX REVIEWDRAh°I' ��st F�.��rr assc�ciates
2013 -2023 Capital Improvements Plan 22 August 15, 2013
Water
Direct Growth Costs, 2013 -2023
$13,030,734
$39,643,300
$52,674,034
$16,508,860
Debt Service Interest Cost
$1,615,811
$4,915,769
$6,531,580
$2,047,099
Total Growth Costs, 2013 -2023
$14,646,545
$44,559,069
$59,205,614
$18,555,959
New SFEs, 2013 -2023
2,834
6,145
8,979
2,393
Cost per SFE
$5,168
$7,251
$6,594
$7,754
Source: Direct growth costs from Table 15; debt service cost is growth cost times real interest cost factor (0.124)
from Table 39 in the Appendix; new SFEs from Table 8.
Net Cost per Service Unit
New water customers will help pad- off outstanding debt incurred for existing facilities throtigh their
monthly- rates. To avoid requiring new customers to pad- twice for capital facilities, once throtigh
impact tees and again through rate payments, the impact fees should be reduced to account for such
debt service payments. A simple and reasonable approach to calculating the credit is to divide
outstanding debt by current service units, and use this figure as the credit per service unit. The
rationale behind this approach is simple to explain and understand. Existing; customers are being;
allowed to pad- for a portion of their capital costs throtigh their rate payments; reducing impact tees
by this amount puts new customers on an equal footing with existing customers. All customers will
be funding the same share of their capital costs throtigh rate payments.
Credit does not need to be provided for the share of current debt that is attributable to past
improvements that still have capacity- remaining to serve future growth. In fact, this portion of debt
could be retired by future impact fees. The percentages of original bond issues related to
improvements with excess capacity- to serve future customers are shown in Table 17.
Table 17. Percent of Water Debt Related to Excess Capacity
Lake Ray Roberts Water Rights
35.20%
Lake Ray Roberts Water Treatment Plant
48.99% 10.50%
900 Pressure Plain Tank /NW Elev Storage Tank
2.14%
Loop 288 Wtr Main - Sherman to Hwy 380
1.18%
Southwest Booster Pump Station
4.58%
54" Transmission Line
4.49%
Loop 288 Wtr Main Sherman to UNT
1.46%
US 380 Urban Utility Relocation
0.17%
0.12%
Roselawn Elevated Storage Tank
1.89%
North -South Water Line Phase 1
5.96%
Denia - Roselawn Water Line
1.53%
0.15%
SW PS Oversize Discharge Line
0.06%
Rayzor Ranch Oversize Line
0.18%
Total
35.20% 60.41% 12.04%
4.80% 6.14%
Source: City of Denton Municipal Utilities, July 29, 2013
The outstanding water debt attributable to excess capacity- is derived by multiplying the outstanding
debt associated with each bond issue by the percentages calculated above, as shown in Table 18.
City of IIDenton, " "III PUBLIC REVIEWDRAII°I' ��st y.��rr assc�ciates
2013 -2023 Capital Improvements Plan 23 August 15, 2013
Water
2005
-Refunding of 1998 A
$15,764,132
35.20%
$5,548,933
2005
- Refunding of 2000
$9,280,868
60.41%
$5,606,537
2007
-Refunding of 1998 A
$15,284,296
35.20%
$5,380,032
2007
- Refunding of 2001
$10,020,704
12.04%
$1,206,115
2007
- Original Bond Issue
$7,630,000
6.14%
$468,524
2010
- Refunding of 1998A/B
$1,062,990
35.20%
$374,170
2010
- Refunding of 2000A
$1,852,530
60.41%
$1,119,106
2010
- Refunding of 2002A
$13,699,480
4.80%
$657,211
2011
- Refunding of 2001
$1,780,000
12.04%
$214,245
Total
$20,574,873
Source: Outstanding debt from City of Denton Municipal Utilities, July 29, 2013, percentages
from Table 17.
In addition to outstanding debt on existing facilities, there are also some existing; deficiencies that
«%ill be remedied by the planned improvements. The sum of outstanding debt and deficiency costs
represents the future cost to serve existing customers. The credit is calculated by dividing total
existing customer costs by existing service units, as shown in Table 19.
Table 19. Water Revenue Credit per Service Unit
Total Outstanding Water Debt $126,540,000
— Outstanding Debt Associated with Excess Capacity - $20,574,873
Outstanding Debt for Facilities Serving Existing Customers $105,965,127
Deficiency Cost $930,317
Future Existing Customer Cost $106,895,444
x Interest Cost Factor 1.124
Total Existing Customer Cost
$120,150,479
Existing Service Units (SFEs) 60,043
Credit per SFE $2,001
Source: Total outstanding debt from City of Denton Municipal Utilities as of September
30, 2012; debt attributable to excess capacity from Table 18; deficiency cost from Table
14; interest cost factor from Table 39; existing SFEs from Table 6.
The calculated net cost per service unit is the cost per service unit less the revenue credit per service
unit. An alternative to calculating the revenue credit, provided by Chapter 395, is simply- to divide
the cost per service unit in half. The net costs derived from these two alternative methods are
compared in Table 20.
Table 20. Water Net Cost per Service Unit by Service Area
Cost per SFE $5,168 $7,251 $6,594 $7,754
— Revenue Credit per SFE - $2,001 - $2,001 - $2,001 - $2,001
Calculated Net Cost per SFE $3,167 $5,250 $4,593 $5,753
Alternative Net Cost per SFE $2,584 $3,626 $3,297 $3,877
Source: Cost per SFE from Table 16; calculated revenue credit per SFE from Table 19;
alternative net cost per SFE is one -half the calculated cost per SFE, per State law.
City of IIDenton, " "III PUBLIC REVIEWDRAh°I' ��st y.��rr assc�ciates
2013 -2023 Capital Improvements Plan 24 August 15, 2013
Water
Net Cost Schedule
The City- Council could enact updated water impact fees at either of the alternative net costs shown
above, or at a reduced level. The following net cost schedule represents the maximum impact fees
that may be charged by the City- for water system facilities, based on the Land Use _assumptions, the
utility- system evahiation and capital improvement cost estimates prepared by City- of Denton
Municipal Utilities staff and engineering consultants, and the additional data and analysis presented
in this water impact fee Capital Improvements Plan.
Table 21. Water Net Cost Schedule
Updated Net Cost /SFE $3,167 $5,250 $4,593 $5,753
Current Fee per SFE $3,400 $3,400 $3,400 $4,000
Percent Change -7% 54% 35% 44%
Source: Updated net cost per SFE from Table 20; current fee from City of Denton Code of
Ordinances, Sec. 26 -222.
Based on the growth projections in the Land Use Assumptions, potential system -wide revenues over
the next ten years would be 37 0!o higher under the potential fees calculated in this report than under
the current fees, as shown in Table 22. These revenue projections should be viewed cautiously,
since they depend entirely on the growth projections. It should also be noted that the updated fees
will not apply to properties platted under the previous impact fee schedule, a fact that is not
accounted for in these revenue projections.
Table 22. Comparative Water Impact Fee Revenues, 2013 -2023
Updated Net Cost per SFE $3,167 $5,250 $4,593 $5,753 na
x New SFEs, 2013 -2023 2,834 6,145 8,979 2,393 11,372
Potential Revenue with Updated Fees $8,975,278 $32,261,250 $41,240,547 $13,766,929 $55,007,476
Current Fee per SFE $3,400 $3,400 $3,400 $4,000 na
x New SFEs, 2013 -2023 2,834 6,145 8,979 2,393 11,372
Potential Revenue with Current Fees $9,635,600 $20,893,000 $30,528,600 $9,572,000 $40,100,600
Percent Change from Current Fees -7% 54% 35% 44% 37%
Source: Updated net cost per SFE from Table 20; new SFEs from Table 8.
If the impact fees are adopted at 100"o of the full net cost, new customers, system -wide, would pay
710% of their attributable cost of capital improvements through impact fees, and the rest through
future rate payments that will be used to (a) retire existing; debt associated with existing;
improvements that are serving existing customers and (b) retire future debt issued to fund planned
improvements that will remedy capacity deficiencies for existing customers. The percentage of costs
covered through impact fees �-aries I)v service area, because the utility- debt is paid by all customers,
regardless of service area, and the debt credit is a larger part of the gross fee per service unit in
service areas with smaller fees. The percentages of growth - related costs paid that would be throtigh
impact fees are shown in Table 23.
City of IIDenton, "III PUBLIC REVIEWI1BAh°I' ��st y.��rr assc�ciates
2013 -2023 Capital Irnprovernents Plan 25 August 15, 2013
Water
Table 23. Water Growth Costs and Revenues, 2013 -2023
Zone 1A Zone 1B Zone 1 Systern-
.-
Impact Fee Revenues, 2013 -2023 $8,975,278 $32,261,250 $41,240,547 $13,766,929 $55,007,476
Total Growth Costs, 2013 -2023 $14,646,545 $44,559,069 $59,205,614 $18,555,959 $77,761,573
Percent Paid by Impact fees 61% 72% 70% 74% 71%
Source: Impact fee revenues from Table 22; growth costs from Table 16.
City of IIDenton, IX REVIEWDRAh°I' ��st �.��rr assc�ciates
2013 -2023 Capital Improvements Plan 26 August 15, 2013
WASTEWATER
The City's wastewater system provides retail wastewater collection and treatment to customers
within the CCN area, as well as wastewater treatment to three wholesale customers — Corinth, Drum
and Argyle. The impact fees calculated in this report exclude costs to serve the City's wholesale
customers.
Service Units
The current service unit for Denton's wastewater impact fees is the "single- family equivalent" (SFE),
which is based on the size of the water meter. This is reasonable, since wastewater generation is not
metered directly and tends to be proportional to water usage. An SFE is the wastewater demand
associated with the smallest water meter used in the system (5/8" x 3/4 "), which is the meter
typically used by a single - family residence. The ratio of each larger meter's capacity to the capacity
of the base meter determines the SFE multiplier applied to each larger meter size.
Multiplying the number of existing retail wastewater connections (i.e., excluding wholesale
customers) with each meter size by the service units per meter yields total service units for that
meter size. Summing for all meter sizes yields the total number of wastewater service units
connected to the City's system, as shown in Table 24.
Table 24. Wastewater Service Units, 2013
5/8" x 3/4" 28,367
1.0
28,367
1" 1,035
2.5
2,588
1 -1/2" 659
5.0
3,295
2" 946
8.0
7,568
3" 113
22.5
2,543
4" 54
50.0
2,700
6" 13
100.0
1,300
8" 10
200.0
2,000
10" 2
325.0
650
Total 31,199
51,011
Total Served Population, 2013
118,547
SFEs per Served Population
0.4303
Source: Active non - wholesale wastewater connections by meter size
from the City of Denton, February 26, 2013; SFEs per meter from
Table 5; 2013 served population from Table 4.
The growth in wastewater service units (SFEs) over the 2013 -2023 planning period is derived from
the Land Use _assumptions. Total population served by the Denton Utilities wastewater system for
each service area from the Land Use _assumptions is multiplied by the existing service unit -to- served
population ratio calculated in the previous table to determine the projected number of service units
for each year through 2023 and for each service area in Table 25.
City of IIDenton, iX III PURUC REVIEW I1RAh°I' ��st y.��rr assc�ciates
2013 -2023 Capital Irnprovernents Plan 27 August 15, 2013
Wastewater
Table 25. Wastewater Service Units, 2013 -2023
2013
49,128
21,140
67,839
29,191
1,580
680
118,547
51,011
2014
49,639
21,360
69,107
29,737
1,580
680
120,326
51,776
2015
50,148
21,579
70,403
30,294
1,580
680
122,131
52,553
2016
50,659
21,799
71,116
30,601
1,580
680
123,355
53,080
2017
51,235
22,046
72,390
31,149
1,580
680
125,205
53,876
2018
52,256
22,486
73,873
31,788
1,580
680
127,709
54,953
2019
53,147
22,869
75,536
32,503
1,580
680
130,263
56,052
2020
53,593
23,061
77,174
33,208
2,102
904
132,869
57,174
2021
54,038
23,253
78,605
33,824
2,883
1,241
135,526
58,317
2022
54,395
23,406
79,658
34,277
4,184
1,800
138,237
59,483
2023
54,751
23,559
80,569
34,669
5,681
2,445
141,001
60,673
New SFEs, 2013 -2023
2,419
5,478
1,765
9,662
Source: Served population for wastewater service areas from City of Denton, Land Use Assumptions (see Table 4);
SFEs is product of served population and SFEs /served population from Table 24.
Demand Projections
Average per capita wastewater demands can be determined based on historic system -wide demand
in millions of gallons per dad- (mgd) and historic served population. These per capita estimates
represent both residential and nonresidential demand, and are useful for projecting future system
requirements, particularly- when no significant shifts of land use ratios are expected. Wastewater
treatment facilities are primarily- designed to accommodate average daily- flows. As summarized in
Table 26, per capita wastewater flows to the treatment plant over the last eight rears have averaged
124 gallons per capita per dad- (gpcd). These calculations exchide wholesale wastewater flows. In
addition, they represent flows per seared or connected population, which has been determined
based on recent studies by the City of Denton to be about 99 percent of total population. These
factors will be used to project future average daily- demand in the service areas.
Table 26. Per Capita Wastewater Demand
2005
13.67 102,525
133
2006
11.71 105,754
111
2007
15.02 108,674
138
2008
15.05 110,818
136
2009
13.31 112,910
118
2010
12.52 114,494
109
2011
13.80 115,639
119
2012
15.02 116,795
129
Average
124
Source: Average influent flows (excluding wholesale) and 2005-
2010 wastewater CCN total population from City
of Denton
Municipal
Utilities, February 13, 2013; 2005
-2010 served
population
is 99% of total population; 2011
-2012 served
population
from City of Denton Planning and
Development
Department,
"Land Use Assumptions for
Impact Fee
Assessments,"
July 2013.
City of IIDenton, IX
�'stu� �m�y.��rr assc�ciates
2013 -2023 Capital Irnprovernents Plan
28
August 15, 2013
Wastewater
Projected wastewater demand over the next ten rears is summarized in Table 27 for the tvo current
service areas. A projection of demand from the proposed intill service area is not necessary-, since
these customers will be seared by the existing Pecan Creek treatment plant that will also continue to
serge the remainder of the current Zone 1 area.
Table 27. Projected Wastewater Demand, 2013 -2023
2013
116,967
124
14.50
0.56
15.06
2014
118,746
124
14.72
0.56
15.28
2015
120,551
124
14.95
0.56
15.51
2016
121,775
124
15.10
0.57
15.67
2017
123,625
124
15.33
0.57
15.90
2018
126,129
124
15.64
0.57
16.21
2019
128,683
124
15.96
0.57
16.53
2020
130,767
124
16.22
0.58
16.80
2021
132,643
124
16.45
0.58
17.03
2022
134,053
124
16.62
0.58
17.20
2023
135,320
124
16.78
0.58
17.36
Zone 1 Growth, 2013 -2023
2.28
0.02
2.30
2013
1,580
124
0.20
0.00
0.20
2014
1,580
124
0.20
0.00
0.20
2015
1,580
124
0.20
0.00
0.20
2016
1,580
124
0.20
0.00
0.20
2017
1,580
124
0.20
0.00
0.20
2018
1,580
124
0.20
0.00
0.20
2019
1,580
124
0.20
0.00
0.20
2020
2,102
124
0.26
0.00
0.26
2021
2,883
124
0.36
0.00
0.36
2022
4,184
124
0.52
0.00
0.52
2023
5,681
124
0.70
0.00
0.70
Zone 2 Growth, 2013 -2023
0.50
0.00
0.50
Systemwide Growth, 2013 -2023
2.78
0.02
2.80
Source: Served population from Table 25; per capita retail demand from
Table 26; wholesale flows from City of Denton Municipal Utilities.
Wastewater Treatment
To accommodate future growth in the Pecan, Hickory- and Cooper Creek basins, the City- built a 6-
mgd expansion to the Pecan Creek Water Reclamation Plant in December 2003. The plant is now
designed to treat up to 21 mgd, and is in compliance with all State and Federal discharge permits.
This plant provides adequate treatment capacity- to serve projected growth in the Pecan, Hickory- and
Cooper Creek basins for the next ten rears. Treatment capacity- to serve the Clear Creek basin will
be provided with a new 3 -mgd Clear Creek wastewater treatment plant.
The new wastewater demand from Zone 1 (including the proposed Zone IA infill service area) will
be served by excess capacity- in the existing Pecan Creek plant. The original capacity- of the Pecan
Creek plant (15 mgd) prior to the 2003 6 -mgd expansion has already- been consumed by existing
customers. New development in Zone 1 over the next ten nears will consume 38.0 "o of the capacity
of the 6 mgd expansion. New wastewater demand from Zone 2 will be served by the new 3 mgd
City of IIDenton, "III PUBLIC REVIEW1)RAh°I' ��st y.��rr assc�ciates
2013 -2023 Capital Improvements Plan 29 August 15, 2013
Wastewater
Clear Creek plant. New development in Zone 2 over the next ten nears «%ill consume 16.7°% of the
new Clear Creek plant, as shown in Table 28.
Table 28. Wastewater Treatment Plant Utilization, 2013 -2023
New Retail Average Day Demand (mgd), Zone 1, 2013 -2023 2.28
Capacity of 2003 Pecan Creek Plant Expansion (mgd) 6.00
% of 2003 Pecan Creek Plant Capacity Expansion Needed to Serve Zone 1 Retail Growth 38.0%
New Retail Average Day Demand (mgd), Zone 2, 2013 -2023 0.50
Capacity of New Clear Creek Plant (mgd) 3.00
% of Clear Creek Plant Capacity Needed to Serve Zone 2 Retail Growth 16.7%
Source: New retail demand in Zone 1 and Zone 2 from Table 27; capacities from City of Denton Municipal Utilities.
Wastewater Conveyance
N\Iiile the capacity- and demand on treatment plants are appropriately- measured in terms of average
daily- flows, other wastewater facilities must be sized to accommodate peak dad- flow. Peak flows for
2013 and 2023 were projected by City- engineers utilizing the wastewater model.
N\1olesale flows have been excluded from the calculation of the shares of treatment plant
improvements attributable to customer growth over the next ten years. However, it is not possible
to separate out increased demand from wholesale wastewater customers in the model. As can be
derived from the data in Table 27 above, growth in demand from retail customers accounts for
99.30° 0 of total projected growth in average dad- flows. Projected 2023 peak flows for non -
treatment -plant improvements have been adjusted by this factor to remove the cost attributable to
accommodating an increase in wholesale demand from the impact fee calculations.
Some of the interceptor improvements are replacing existing lines that do not have enotigh capacity-
to accommodate current peak flows. In such cases, some of the cost of the new line is attributable
to replacing the capacity- provided by the current line, to adding capacity- to remedy- the existing
deficiencies, to providing new capacity- for growth over the next ten rears and to providing
additional capacity- to serve long -term future needs. The shares of all eligible improvements
included in the Capital Improvements Plan that are attributable to remedying existing deficiencies
and accommodating growth over the next ten rears are shown in Table 29.
City of IIDenton, " "III PUBLIC REVIEWDRAh°I' ��st y.��rr assc�ciates
2013 -2023 Capital Improvements Plan 30 August 15, 2013
Wastewater
Table 29. Wastewater Conveyance Capacities and Flows, 2013 -2023
Existing Zone 1 Improvements
S Wet Weather Lift Station /Detention Pond
6.72
6.72
1.93
2.60
10.0%
0.0%
Cooper Creek Outfall (Loop 288)
18.50
18.50
13.38
13.61
1.2%
0.0%
Krum Sewer Line
10.02
10.02
1.04
3.82
27.7%
0.0%
Graveyard Branch Interceptor
21.15
21.15
1.05
1.47
2.0%
0.0%
Pecan Creek Interceptor (Ph 1 £r 2)
35.55
35.55
33.34
35.55
6.2%
0.0%
Pecan Creek Interceptor 1
37.49
37.49
34.61
37.49
7.7%
0.0%
Roark Branch Interceptor
7.24
7.24
0.00
3.81
52.6%
0.0%
State School Interceptor 1
34.68
34.68
24.07
25.03
2.8%
0.0%
Proposed Zone 1 Improvements
Carroll Ave Interceptor
3.61
5.87
3.84
4.33
21.7%
10.2%
Cooper Creek Interceptor 1
10.16
18.42
15.64
17.16
18.4%
66.3%
Cooper Creek Interceptor II
5.62
14.56
11.89
13.00
12.4%
70.1%
Cooper Creek Interceptor III
4.53
14.49
9.72
10.37
6.5%
52.1%
Cooper Creek Interceptor IV
0.00
3.39
0.00
1.89
55.8%
0.0%
Cooper Creek Lift Station /Detention Pond
0.00
0.75
0.00
0.29
38.7%
0.0%
Dry Fork Hickory Crk Trib. 1 Interceptor
2.90
6.56
5.93
6.48
15.0%
82.8%
Elm Street Sewer Replacements
1.44
4.23
1.67
1.86
6.8%
8.2%
Hickory Creek Interceptor 1
9.32
43.22
19.74
30.60
32.0%
30.7%
Hickory Creek Interceptor II
7.17
33.48
15.99
26.93
41.6%
33.5%
Hickory Creek Interceptor III
4.56
20.41
11.61
19.46
49.5%
44.5%
Hickory Creek Interceptor IV
1.09
4.30
2.25
3.29
32.4%
36.1%
Hickory Creek Lift Station /Detention Pond
0.00
4.04
0.00
2.81
69.6%
0.0%
Hickory Creek Outfall
11.30
34.56
11.93
12.21
1.2%
2.7%
Pecan Creek Interceptor II
8.09
37.47
23.43
26.74
11.3%
52.2%
Pecan Creek Interceptor III
5.81
24.71
23.24
24.82
7.8%
92.2%
Pecan Creek Interceptor IV
4.03
25.50
14.24
17.01
12.9%
47.6%
Pecan Creek Interceptor V
8.51
21.61
21.13
22.39
3.7%
96.3%
State School Interceptor II
13.70
61.88
23.42
24.34
1.9%
20.2%
US 380 Utility Relocations
1.08
4.41
3.66
4.47
22.5%
77.5%
West Peak Flow Lift Station/ Det. Pond
0.00
6.24
0.00
3.63
58.2%
0.0%
Westgate Heights Interceptor
1.15
3.60
2.89
3.60
29.0%
71.0%
Woodhaven Interceptor
0.76
1.46
0.80
0.88
11.4%
0.0%
Proposed Zone 2 Improvements
Clear Creek Interceptor 0.00 3.00 0 0.34 11.3% 0.0%
Source: Capacities and flows (in mgd except for detention facilities, which are in mg) from City of Denton Municipal Utilities;
deficiency percentage is the ratio of the difference between 2013 demand and 2013 capacity to 2013 -2023 growth in capacity;
growth percentage is ratio of new 2013 -2023 flows to 2013 -2023 growth in capacity, unless 2023 capacities are insufficient for
2023 flows, in which case it is the ratio of 2018 capacity less 2008 flow to 2018 capacity.
City of IIDenton, "III PUBLIC REVIEWDRAh°I' ��st y.��rr assc�ciates
2013 -2023 Capital Improvements Plan 31 August 15, 2013
Wastewater
Cost per Service Unit
Wastewater capital improvements and costs identified by City- of Denton Municipal Utilities' staff as
necessary- to accommodate growth over the next ten rears, along with the shares of project costs
attributable to existing deficiencies, are summarized in Table 30.
Table 30. Wastewater Growth Costs by Service Area, 2013 -2023
Pecan Creek WRP (15 mgd)
$39,528,174
0.0%
$0
30.6%
$0
$0
Pecan Creek WRP 6 mgd expansion
$30,005,125
38.0%
$11,401,948
30.6%
$3,488,996
$0
S Wet Weather Lift Station /Detention Pond
$1,552,898
10.0%
$155,290
0%
$0
$0
Cooper Creek Outfall (Loop 288)
$3,898,807
1.2%
$46,786
0%
$0
$0
Krum Sewer Line
$398,450
27.7%
$110,371
0%
$0
$0
Graveyard Branch Interceptor
$5,004,952
2.0%
$100,099
0%
$0
$0
Pecan Creek Interceptor (Ph 1 £r 2)
$3,363,189
6.2%
$208,518
55%
$114,685
$0
Pecan Creek Interceptor 1
$1,975,672
7.7%
$152,127
91%
$138,436
$0
Roark Branch Interceptor
$854,774
52.6%
$449,611
0%
$0
$0
State School Interceptor 1
$1,660,869
2.8%
$46,504
0%
$0
$0
Existing Improvements Subtotal, Zone 1
$88,242,910
$12,671,254
$3,742,117
$0
Carroll Ave Interceptor
$472,799
21.7%
$102,597
100.0%
$102,597
$48,225
Cooper Creek Interceptor 1
$608,498
18.4%
$111,964
0.0%
$0
$403,434
Cooper Creek Interceptor 11
$1,293,395
12.4%
$160,381
0.0%
$0
$906,670
Cooper Creek Interceptor 111
$1,239,878
6.5%
$80,592
0.0%
$0
$645,976
Cooper Creek Interceptor IV
$249,528
55.8%
$139,237
0.0%
$0
$0
Cooper Creek Lift Station /Detention Pond
$1,543,050
38.7%
$597,160
0.0%
$0
$0
Dry Fork Hickory Crk Trib. 1 Interceptor
$2,294,968
15.0%
$344,245
0.0%
$0
$1,900,234
Elm Street Sewer Replacements
$204,515
6.8%
$13,907
100.0%
$13,907
$16,770
Hickory Creek Interceptor 1
$4,494,098
32.0%
$1,438,111
0.0%
$0
$1,379,688
Hickory Creek Interceptor 11
$6,497,359
41.6%
$2,702,901
0.0%
$0
$2,176,615
Hickory Creek Interceptor 111
$7,247,205
49.5%
$3,587,366
0.0%
$0
$3,225,006
Hickory Creek Interceptor IV
$2,361,574
32.4%
$765,150
0.0%
$0
$852,528
Hickory Creek Lift Station /Detention Pond
$8,293,840
69.6%
$5,772,513
0.0%
$0
$0
Hickory Creek Out-fall
$466,857
1.2%
$5,602
0.0%
$0
$12,605
Pecan Creek Interceptor 11
$3,114,198
11.3%
$351,904
80.0%
$281,523
$1,625,611
Pecan Creek Interceptor 111
$1,899,937
7.8%
$148,195
77.0%
$114,110
$1,751,742
Pecan Creek Interceptor IV
$1,436,302
12.9%
$185,283
53.0%
$98,200
$683,680
Pecan Creek Interceptor V
$3,124,089
3.7%
$115,591
55.0%
$63,575
$3,008,498
State School Interceptor 11
$4,551,156
1.9%
$86,472
0.0%
$0
$919,334
US 380 Utility Relocations
$1,378,425
22.5%
$310,146
26.0%
$80,638
$1,068,279
West Peak Flow Lift Station/ Det. Pond
$3,846,360
58.2%
$2,238,582
55.0%
$1,231,220
$0
Westgate Heights Interceptor
$405,713
29.0%
$117,657
0.0%
$0
$288,056
Woodhaven Interceptor
$256,016
11.4%
$29,186
100.0%
$29,186
$0
Proposed Improvements Subtotal, Zone 1
$57,279,760
$19,404,742
10.4%
$2,014,956
$20,912,951
Zone 1 Total
$145,522,670
$32,075,996
17.9%
$5,757,073
$20,912,951
Clear Creek Interceptor
$8,496,199
11.3%
$960,070
0.0%
$0
$0
Clear Creek WRP
$20,482,310
16.7%
$3,420,546
0.0%
$0
$0
Zone 2 Proposed Improvements Total
$28,978,509
$4,380,616
$0
$0
Source: Total cost in 2013 dollars from City of Denton Municipal Utilities, June 24, 2013; treatment plant growth shares from Table 28;
conveyance facility growth shares from Table 29; share of Zone 1 costs in proposed Zone 1A infill area from City of Denton Municipal Utilities,
June 19, 2013; deficiency cost is cost times deficiency share from Table 29.
City of IIDenton, "III PUBLIC REVIEWDRAh°I' ��st y.��rr assc�ciates
2013 -2023 Capital Improvements Plan 32 August 15, 2013
Wastewater
In addition to those costs directly- attributable to growth, there are interest costs associated with
funding capital improvements with revenue bonds or other forms of debt. The City- traditionally-
funds all of its major wastewater system capital improvements with bonds, and consequently- incurs
interest costs. _according to State law, these interest costs can be recovered through impact fees.
Based on the analysis provided in the _appendix, the costs should be increased by 12.4"o to account
for interest costs. The final step in determining the cost per service unit is to divide the total capital
cost attributable to growth over the next ten rears in each service area by the anticipated growth in
service units over the same time period. The results are shown in Table 31 below.
Table 31. Wastewater Cost per Service Unit by Service Area
Direct Growth Costs, 2013 -2023
$5,757,073
$26,318,923
$32,075,996
$4,380,616
Debt Service Interest Cost
$713,877
$3,263,546
$3,977,423
$543,196
Total Growth Costs, 2013 -2023
$6,470,950
$29,582,469
$36,053,419
$4,923,812
New SFEs, 2013 -2023
2,419
5,478
7,897
1,765
Cost per SFE
$2,675
$5,400
$4,565
$2,790
Source: Direct growth costs from Table 30 (Zone 113 is difference between Zone 1 total and Zone 1A); debt
service cost is growth cost times real interest cost factor (0.124) from Table 39 in the Appendix; new SFEs from
Table 25.
Net Cost per Service Unit
New wastewater customers will help pad- off outstanding debt incurred for existing facilities through
their monthly- rates. To avoid requiring new customers to pad- twice for capital facilities, once
throtigh impact fees and again throtigh rate pavments, the impact fees should be reduced to account
for such debt service payments. A simple and reasonable approach to calculating the credit is to
divide outstanding debt by current service units, and use this figure as the credit per service unit.
The rationale behind this approach is simple to explain and understand. Existing customers are
being allowed to pad- for a portion of their capital costs through their rate payments; reducing impact
fees by this amount puts new customers on an equal footing with existing customers. All customers
will be funding the same share of their capital costs through rate payments.
Credit does not need to be provided for the share of current debt that is attributable to past
improvements that still have capacity- remaining to serve future growth. In fact, this portion of debt
could be retired by future impact fees. Credit does not need to be provided for the share of current
debt that is attributable to past improvements that still have capacity- remaining to serve future
growth. In fact, this portion of debt could be retired by future impact fees. The percentages of
original bond issues related to improvements with excess capacity- to serve future customers are
shown in Table 17.
City of IIDenton, " "III PUBLIC REVIEWDRAh°I' ��st �.��rr assc�ciates
2013 -2023 Capital Irnprovernents Plan 33 August 15, 2013
Wastewater
Pecan Creek WRP (6 mgd) 18.33% 37.93% 31.52% 3.09%
South Wet Weather Lift Station 1.57%
Pecan Creek Interceptor (Ph.1&2) 0.99%
Cooper Creek Outfall (Loop 288) 0.18%
Krum Sewer Line 0.49%
Graveyard Branch Interceptor 0.43%
Roark Branch Interceptor 6.45% 0.27%
State School Interceptor 1 0.53%
Pecan Creek Interceptor 1 0.62% 0.46% 0.67%
Total 18.33% 41.09% 38.44% 3.85% 1.84%
Source: City of Denton Municipal Utilities, July 29, 2013.
The outstanding water debt attributable to excess capacity- is derived by multiplying the outstanding;
debt associated with each bond issue by the percentages calculated above, as shown in Table 18.
T
2003
- Original Bond Issue
$784,652
1.84%
$12,605
2005
- Refunding from 1998
$1,266,200
18.33%
$192,420
2005
- Refunding from 2000
$8,473,800
41.09%
$2,886,593
2007
- Refunding from 2001
$4,450,000
38.44%
$1,322,321
2010
- Refunding from 1998
$132,947
18.33%
$23,915
2010
- Refunding from 1998B
$472,313
18.33%
$84,960
2010
- Refunding from 2000A
$1,388,951
41.09%
$560,051
2010
- Refunding from 2002A
$6,860,788
3.85%
$259,356
2011
- Refunding from 2001
$495,000
38.44%
$147,090
Total
$5,489,310
Source: Outstanding debt from City of Denton Municipal Utilities, July 29, 2013, percentages
from Table 32.
In addition to outstanding debt on existing facilities, there are also some existing deficiencies that
will be remedied by the planned improvements. The sum of outstanding debt and deficiency costs
represent the future cost to serve existing customers. The credit is calculated by dividing total
existing customers costs I)v existing service units, as shown in Table 34.
Table 34. Wastewater Revenue Credit per Service Unit
Total Outstanding Wastewater Debt $47,639,019
— Outstanding Debt Associated with Excess Capacity - $5,489,310
Outstanding Debt for Facilities Serving Existing Customers $42,149,709
Deficiency Cost $20,912,951
Future Existing Customer Cost $63,062,660
x Interest Cost Factor 1.124
Total Existing Customer Cost $70,882,430
Existing Service Units (SFEs) 51,011
Credit per SFE $1,390
Source: Total outstanding debt from City of Denton Municipal Utilities as of September
30, 2012; debt associated with excess capacity from Table 33; deficiency cost from Table
30; interest cost factor from Table 39; existing SFEs from Table 24.
City of IIDenton, " "III PUBLIC REVIEWDRAh°I' ��st y.��rr assc�ciates
2013 -2023 Capital Improvements Plan 34 August 15, 2013
Wastewater
The calculated net cost per service unit is the cost per service unit less the debt credit per service
unit. An alternative to calculating the revenue credit, provided by Chapter 395, is simply to divide
the cost per service unit in half. The net costs derived from these two alternative methods are
compared in Table 35.
Table 35. Wastewater Net Cost per Service Unit by Service Area
Cost per SFE $2,675 $5,400 $4,565 $2,790
— Revenue Credit per SFE - $1,390 - $1,390 - $1,390 - $1,390
Calculated Net Cost per SFE $1,285 $4,010 $3,175 $1,400
Alternative Net Cost per SFE $1,338 $2,700 $2,283 $1,395
Source: Cost per SFE from Table 31; calculated revenue credit per SFE from Table 34;
alternative net cost per SFE is one -half the cost per SFE, per State law.
Net Cost Schedule
The City- Council could enact updated wastewater impact fees at either of the alternative net costs
shown above, or at a reduced level. The following net cost schedule represents the maximum
impact fees that may be charged by the City- for wastewater system facilities, based on the Land Use
_assumptions, the utility- system evalhiation and capital improvement cost estimates prepared by City-
of Denton lhinicipal Utilities staff and engineering consultants, and the additional data and analysis
presented in this water impact fee Capital Improvements Plan.
Table 36. Wastewater Net Cost Schedule
Updated Net Cost /SFE $1,285 $4,010 $3,175 $1,400
Current Fee per SFE $1,700 $1,700 $1,700 $1,760
Percent Change -24% 136% 87% -20%
Source: Updated net cost per SFE from Table 35; current fee from City of Denton Code of
Ordinances, Sec. 26 -222.
Based on the growth projections in the Land Use Assumptions, potential system -wide revenues over
the next ten years would be higher under the potential fees calculated in this report than under the
current fees, as shown in Table 37. These revenue projections should be viewed cautiously, since
they depend entirely on the growth projections. It should also be noted that the updated fees will
not apply to properties platted under the previous impact fee schedule, a fact that is not accounted
for in these revenue projections.
City of IIDenton, " "III PUBLIC REVIEWI1BAh°I' ��st y.��rr assc�ciates
2013 -2023 Capital Irnprovernents Plan 35 August 15, 2013
Table 37. Corn
Wastewater
Fee Revenues, 2013 -2023
Updated Net Cost per SFE $1,285 $4,010 $3,175 $1,400 na
x New SFEs, 2013 -2023 2,419 5,478 7,897 1,765 9,662
Potential Revenue with Updated Fees $3,108,415 $21,966,780 $25,072,975 $2,471,000 $27,543,975
Current Fee per SFE $1,700 $1,700 $1,700 $1,760 na
x New SFEs, 2013 -2023 2,419 5,478 7,897 1,765 9,662
Potential Revenue with Current Fees $4,112,300 $9,312,600 $13,424,900 $3,106,400 $16,531,300
Percent Change from Current Fees -24% 136% 87% -20% 67%
Source: Updated net cost per SFE from Table 35; new SFEs from Table 25.
If the impact fees are adopted at 100"o of the frill net cost, new customers, system -wide, would pad-
670% of their attributable cost of capital improvements through impact fees, and the rest through
future rate payments that will be used to (a) retire existing; debt associated with existing;
improvements that are serving existing customers and (b) retire future debt issued to fund planned
improvements that will remedy- capacity- deficiencies for existing customers. The percentage of costs
covered through impact fees varies by service area, because the utility- debt is paid by all customers,
regardless of service area, and the debt credit is a larger part of the gross fee per service unit in
service areas with smaller fees. The percentages of growth - related costs paid throtigh impact fees
for each service area are shown in Table 38.
Table 38. Wastewater Growth Costs and Revenues, 2013 -2023
Impact Fee Revenues, 2013 -2023 $3,108,415 $21,966,780 $2,471,000 $27,546,195
Total Growth Costs, 2013 -2023 $6,470,950 $29,582,469 $4,923,812 $40,977,231
Percent Paid by Impact fees 48% 74% 50% 67%
Source: Impact fee revenues from Table 37; growth costs from Table 31.
City of IIDenton, IX REVIEWDRAh°I' ��st �.��rr assc�ciates
2013 -2023 Capital Improvements Plan 36 August 15, 2013
APPENDIX: INTEREST COSTS
Interest cost on debt consists of three components: an anticipated inflation rate, a return on
investment and a risk premium. No borrower is going to loan money at less than the rate of
inflation, since the dollars paid back will have less buying power than the dollars loaned. The
residual interest rate after subtracting the inflation rate is referred to as the real interest rate, which
consists of the rate of return plus risk premium. Over the past ten years, the rate of inflation has
been about 2.48 "o. The City's outstanding utility debt service payments, including both general
obligation and revenue bonds, are summarized in Table 39. The net present value of the City's
outstanding debt service payments, discounted at the long -term inflation rate, is about $196 million.
The real cost of interest is the difference between the net present value of the debt service payments,
discounted at the inflation rate, and the principal. As shown in Table 39, the real cost of interest
that will be paid on the City's outstanding utility debt is about $22 million. This indicates that real
interest costs are equivalent to an additional 12.40% of the amount borrowed.
Table 39. Outstanding Utility Debt Service
Net Present Value, Total Debt Service $195,793,420
—Total Outstanding Principal - $174,179,019
Real Interest Cost $21,614,401
Ratio of Real Interest Cost to Principal Amount 0.124
Source: Utility revenue bond debt service payments from City of Denton
Municipal Utilities, February 13, 2013; net present value based on 2.48%
discount rate, which is the average annual inflation rate over the last ten
years (2002 -2012) from the Bureau of Labor Statistics, Consumer Price
Index, All Urban Customers, U.S., All Items, 1982 - 1984 -100.
City of IIDenton, IX ��st y.��rr assc�ciates
2013 -2023 Capital Improvements Plan 37 August 15, 2013
Year
2013
Principal
$11,639,368
$7,857,167
$19,496,535
2014
$12,269,652
$7,201,525
$19,471,177
2015
$12,345,000
$6,649,681
$18,994,681
2016
$12,705,000
$6,073,406
$18,778,406
2017
$13,215,000
$5,453,825
$18,668,825
2018
$13,575,000
$4,814,425
$18,389,425
2019
$14,065,000
$4,163,450
$18,228,450
2020
$14,735,000
$3,494,188
$18,229,188
2021
$12,065,000
$2,869,978
$14,934,978
2022
$10,450,000
$2,327,950
$12,777,950
2023
$7,430,000
$1,896,672
$9,326,672
2024
$6,745,000
$1,566,528
$8,311,528
2025
$7,070,000
$1,254,084
$8,324,084
2026
$4,945,000
$995,950
$5,940,950
2027
$5,160,000
$789,609
$5,949,609
2028
$4,635,000
$583,319
$5,218,319
2029
$4,535,000
$383,513
$4,918,513
2030
$4,750,000
$181,497
$4,931,497
2031
$905,000
$55,525
$960,525
2032
$940,000
$16,450
$956,450
Total
$174,179,019
$58,628,742
$232,807,762
Net Present Value, Total Debt Service $195,793,420
—Total Outstanding Principal - $174,179,019
Real Interest Cost $21,614,401
Ratio of Real Interest Cost to Principal Amount 0.124
Source: Utility revenue bond debt service payments from City of Denton
Municipal Utilities, February 13, 2013; net present value based on 2.48%
discount rate, which is the average annual inflation rate over the last ten
years (2002 -2012) from the Bureau of Labor Statistics, Consumer Price
Index, All Urban Customers, U.S., All Items, 1982 - 1984 -100.
City of IIDenton, IX ��st y.��rr assc�ciates
2013 -2023 Capital Improvements Plan 37 August 15, 2013
JIM CHRISTAL
4 um I EXHIBIT S nmourt 1 , 110 Ah ,.
Water Impact Fee Zones
Current 2 Zones
FM 1173
w
z
z
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EXHIBIT 6
MINUTES
PUBLIC UTILITIES BOARD
August 12, 2013
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, August 12, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy
Robinson, Leonard Herring, and Barbara Russell
Absent: Phil Gallivan and Lilia Bynum
Ex Officio Members: Howard Martin, ACM Utilities
OPEN MEETING:
ITEMS FOR INDIVIDUAL CONSIDERATION:
18) Receive a report and hold a discussion on the 2013 Water and Wastewater Impact Fee Study.
Discuss and provide guidance on adding a third impact fee zone to accommodate infill
development. Discuss maximum impact fees and provide guidance on staff - recommended
impact fees.
Tim Fisher, Assistant Director Water Utilities gave the water presentation. Fisher stated that
every five years the City is required by Chapter 395 to update the impact fees; staff is in the
middle of that process. Previously the impact fee capital plan was brought forth to this Board.
Duncan & Associates is the consultant that is being used for this study and has been from the
first study (1998). This will be the third update. Fisher showed several graphs including the
water meter installation history and projection, water impact fee revenue vs use and water impact
fee use vs eligible debt service.
The impact fees were adopted in 1998 and started collecting them in 2000. There wasn't really a
relation in growth rate and impact fees according to our history. Water adopted an increase in
the rates in 2003 and became effective in 2004. There was another update in 2008 and were
increased a small amount. There is also a recent nationwide study regarding impact fees.
California and Florida have the highest impact fees; Texas is third from the bottom out of 17
states. Our rates are about two to four percent of the project cost currently. Income has a big
impact as for as managing the capital plan and managing the rates.
Fisher then showed a map with the water proposed 10 -year Capital Improvement Projects. There
are 27 projects totaling about $305 million. There are 15 projects that have been built and paid
for that represents about 83 percent of the cost. About half of that amount is the lake and the
Minutes of the Public Utilities Board Meeting
August 12, 2013
Page 2 of 5
plant. There are three projects that are under design, five that are in the 5 -year CIP and four in
the 10 -year CIP.
Fisher showed a map with the two zones. Until 2008 water had one impact fee. Because of
some of the growth pressures that we were having in the far southwest area and some of the
challenges that staff was dealing with, staff recommended and implemented a zone 2 that was
supported by this Board and City Council. That put a little higher cost out in zone 2. There are
cut out areas in zone 2 that are four subdivisions that stayed in zone 1.
Fisher stated that staff goes through a process that looks at the calculation of maximum fees, use
a debt credit, and is calculated for a maximum impact fee. The current fee for zone 1 is $3,400
and for zone 2 $4,000. The new maximum fee for zone 1 is $4,593 and zone 2 $5,753. Staff
recommends for zone 1 $3,900 and for zone 2 $4,900.
Herring clarified that the City will charge a new lot for a single family resident $5,753 for
impact fees. Fisher answered no, we could but staff is recommending $4,900. This is a starting
point of what we want to charge.
In the 2008 study there was about 22,000 SFE's over a 10 year period but the capital cost of the
lake was only being used for about half of that so the cost didn't really reflect the unit cost of the
lake it represented a blend of the capital cost of the lake and any future water that was bought
from Dallas would be an operating cost not a capital cost. When the population projections went
down and the calculations were completed there was only about 12,000 SFE's but that almost
lined up with the remaining capacity of the lake. That is what tended to bump up the numbers.
Those finding are a factor in staff not recommending the full charge. It was generating a large
increase that staff didn't feel comfortable in recommending. There are a few more capital
projects in zone 2.
Staff is looking at an engineering news record constriction cost index escalator to the present
worth of the capital. That relates to a little fewer than 14 percent inflation cost over five years.
One of the things that staff would tend to recommend is to consider adjusting the impact fees to
cover that inflation.
Zone 1 includes a $500 increase and zone 2 includes a $900 increase.
Russell asked why zone 2 is more expensive. Fisher answered it is on the southwest side of
town, there are a lot of speculative growth in that area. It takes a lot of infrastructure to try and
provide service in that area. It is a very rural area.
Herring asked when and how are these fees collected. Fisher answered that it is time of
building permitting.
Smith asked how long the current fee has been $3,400. Fisher answered since 2008.
Robinson asked what are some of the developments in zone 2 that have already platted that
will be grandfathered using the $3,400. Fisher answered Country Lakes are still in zone 1. If
Minutes of the Public Utilities Board Meeting
August 12, 2013
Page 3 of 5
Cole Ranch comes in and starts platting properties they would be subject to zone 2 fees if they
are adopted. Martin added that Inspiration is another one in that area. Robinson stated that if
there is a current phase in Country Lakes that has a lot in it the fees will be $3,400, Fisher
agreed.
Smith asked if the maximum fees of $4,593 and $5,753 are what were recommended by the
study. Fisher answered there are two terms one is assess the other is collect. The study
recommends you assess the fee at what you can legally do and then you collect what you want to
collect. Smith then clarified that the study did not come up with the $3,900 and $4,900,
Fisher agreed.
Herring asked if there is a commercial impact fee. Fisher answered yes they are based on
meter size and the multiplier associated with the bigger meters.
Smith asked what the justification is going from $3,400 to $3,900. Fisher answered the
primary justification is because we are adjusting fees to represent the present value of the capital
investment. Over time those numbers will continue to increase due to inflation. Smith asked if
Fisher anticipates raising the impact fees between now and the next study, Fisher answered
no.
Fisher then stated that every time staff has worked on impact fees there has been a discussion
relating to encouraging growth in the interior infill area. Staff has talked at moderate length in
the past about the lines not having to be extended. There may be preexisting credits, if it is a re-
development situation and there was a prior meter there they get credit for it.
The infill zone has a northern boundary of Windsor, Bonnie Brae on the west, I -35 on the
southern area and Nottingham and Woodrow on the east. The max fee in the zone IA (infill)
would be $3,167. If this zone was created the staff recommended fee would be $2,700 the rest of
zone IB would be $4,100 and zone 2 at $4,900. If the infill is lowered the remainder would be
raised to balance it out.
Robinson asked who will be providing water to the Hillwood Development north of 407 on
I -35. Fisher answered that will be Northlake. Upper Trinity will be supplying the water.
Herring asked why Garland impact fee is so low. Fisher answered that Dallas has no impact
fee and neither does Plano. It just depends on where a city is in the growth cycle. As they reach
build out they are not getting that much new customer growth opportunity.
Smith stated at the beginning Fisher made the comment that zone 2 was implemented
because why should zone 1 pay for infrastructure that is just benefiting zone 2. Smith isn't
sure the same argument couldn't be made for zone 1A when all of zone 1B subsidizing the
infill. Their impact fee is going from a proposed $3,900 to $4,100. The infill is going from a
proposed $3,900 to $2,700. Smith believes the differential is too much. Fisher stated that
staff is trying to gives some alternates. Smith is not opposed to the creation of zone 1A but
believes the numbers need to be closer. Robinson stated that you could also argue the point
that zone 2 would be the greatest potential to affect the ad valorium tax from a
Minutes of the Public Utilities Board Meeting
August 12, 2013
Page 4 of 5
development standpoint. Cheek added that when the infill was looked at years ago initially
it was presented as `we are trying to help the areas with low income housing'. This is more
trying to promote more infill structure around the new entertainment area. Smith's
opinion would be if an infill zone is to be created to leave the number at $3,400 and see
what affect it has on the $4,100. Martin stated we can take a look at it. Robinson asked while
we are looking can we look at zone 2 he would like to take into consideration what will
drive the ad valorium values in that area. Smith asked to see all the impact fees and
recommended changes on one sheet. Fisher added that this will be taken to the Capital
Advisory Committee on Wednesday, August 14 and get feedback from that group as well.
Russell asked how many infill lots are in zone 1A. Fisher stated he would have to research
that and find out but the growth suggested is 18 percent.
Fisher reiterated that the Board would like to see a tighter differential between a proposal for
zone IA and 1B and some concern of the magnitude of the fee in zone 2. The Board agreed.
Joel Nickerson, Water Utilities Coordinator, gave the wastewater presentation. One thing for the
wastewater impact fees is there is a zone 1 and zone 2 but they are different from water. Zone 1
includes most of the city zone 2 was created in the 2003 study anticipating growth north of Loop
288. Martin added that zone 2 was also because of the different Clear Creek Wastewater
Treatment Plant that was proposed. The first part of the calculation is regarding the population
growth, the current study is projecting half the growth from the 2008 study.
Nickerson showed a map with all the Capital Improvement projects on it for wastewater.
The CIP for zone 2 is simple a lift station and an interceptor and a future Clear Creek Plant, that
growth again has not occurred. The existing projects that are already constricted are $90
million. The proposed projects from 2008 are $46 million in zone 1 and $29 million in zone 2.
New proposed projects in 2013 are $11 million in zone 1.
The study maximum impact fees for wastewater are $3,175 for zone 1 and $1,400 for zone 2.
Zone 2 being lowered is almost entirely due to the change in the debt service credit.
Staff recommendation for wastewater is in two parts. The first part would be to combine zone 1
and zone 2, and make one zone. The max fee would be $2,851 with staff recommended $2,200.
That takes into account inflation, constriction cost inflation and new capital on the plan and
some of the increase cost on the system capable.
Cheek added he likes the idea of one zone.
Nickerson added that wastewater is also seeking input whether to create an infill zone. There
were maps shown with the zones.
Infill zone study maximum fees include zone IA $1,285 and zone 1B $4,010. Staff
recommendation if an infill zone were created would be zone IA $1,285 and zone 1B and zone 2
$2,400.
Minutes of the Public Utilities Board Meeting
August 12, 2013
Page 5 of 5
Staff recommends that there be a single impact fee zone with the impact fee at $2,200.
Smith stated that his comments with wastewater are the same as water as far as the impact
fee for the infill. The differential is too much. There was some further discussion regarding
the impact fees. Smith asked if there could be an infill zone for water and not wastewater.
Martin answered yes.
Martin stated that staff will come back with the information.
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EXHIBIT 7
DRAFT MINUTES
PUBLIC UTILITIES BOARD
August 26, 2013
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, August 26, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present: Chairman Dick Smith, Secretary Randy Robinson, Leonard Herring,
Barbara Russell, Phil Gallivan and Lilia Bynum
Absent: Vice Chair Billy Cheek
Ex Officio Members: Howard Martin, ACM Utilities and George Campbell City Manager
OPEN MEETING:
ITEMS FOR INDIVIDUAL CONSIDERATION:
7) Receive a report and hold a discussion on the 2013 Water and Wastewater Impact Fee Study.
Discuss and provide guidance on adding a third impact fee zone related to the City's infill
zone. Discuss maximum impact fees and provide guidance on staff - recommended impact
fees.
Tim Fisher, Division Manager, made the presentation. Fisher incorporated the information from
the last meeting that the Board Members had suggested. The new staff recommendations for the
Impact Fees without an infill zone are $3,800 for zone 1 and $4,500 for zone 2.
Recommendations with an infill zone are $3,100 for zone IA (infill), $3,900 for Zone 1B (rest of
zone 1) and $4,500 for Zone 2. Herring asked if these fees are based on the 2008 study,
Fisher responded they are based on the current study.
Smith asked Fisher to go through a small portion of the presentation from the last meeting
for Mr. Gallivan and Ms. Bynum. Martin suggested the map with the infill areas. Gallivan
read the information and understands the concept with and without an infill zone. Bynum
is processing the information. Fisher briefly summarized the presentation from the last
meeting.
There was some further discussion on the fees.
Joel Nickerson, Water Utility Coordinator, made the wastewater presentation. Nickerson stated
that as a reminder the wastewater zones are different from the water zones. Zone 1 covers
everything south of Loop 288, which is the existing customer case. In 2003 the impact fee study
created Zone 2; staff was anticipating growth from Clear Creek Ranch which has been since
called the Hills of Denton. The anticipating growth in Clear Creek Basin was the cause of the
Zone 2 implementation to pay for the infrastructure that would have been put in for that group.
Draft Minutes of the Public Utilities Board Meeting
August 26, 2013
Page 2 of 4
1 Martin added that in Zone 2 another wastewater plant was contemplated. Zone 1 is handled by
2 our existing wastewater treatment plant.
4 Nickerson showed a map with the CIP that has been adopted from Zone 1. The CIP includes
5 interceptor projects in the Hickory Basin, Pecan Basin, and Cooper Basin and the wastewater
6 plant capacity. Zone 2 CIP map was also shown. The infrastructure to support Zone 2 is
7 separate, there are an interceptor, a lift station and a new plant. The Zone 2 fees are based on a
8 different set of infrastructure than Zone 1.
9
10 Nickerson then stated that the study maximum fees, if we keep our existing two zone stricture,
11 $3,175 Zone 1 and $1,400 in Zone 2. Staff recommendation has not changed from the last
12 Public Utilities Board Meeting. It is in two parts, the first part is to combine the zones and have
13 only one zone. This shows that staff does not anticipate the growth in zone 2 in the next 5 -7
14 years. Smith asked what would happen if that growth did take off and that new plant did
15 need to be constructed. Nickerson answered if from some reason the growth did take off, the
16 wastewater department is collecting impact fees. That infrastructure is in the CIP, so the impact
17 fees would be applied. If it happened in five years staff could also carry on with the CIP but split
18 out the zones again at that time. For now staff recommends combining the zones. When you
19 combine and redo the math on the maximum fees, that amount is $2,851 for the City as a whole.
20 Staff recommends $2,200.
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22 Lastly the other piece is the infill zone decision. Nickerson showed a map of what that would
23 look like. Remember zone IA is only served by the interceptors that run through the middle of
24 the city plus the plant. When the infill zone is taken out the maximum fees are $1,285 for the
25 infill zone $4,010 for the rest of the existing zone 1. Staff s recommendation when the zones are
26 combined and the infill is carved out, the maximum fee for the infill is $1,285 and the rest of the
27 city is $3,374. Staff recommends $2,400. For wastewater, staff is looking for direction to create
28 an infill zone or not and the staff recommended fees.
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30 Smith stated if the costs support the fees then maybe we should keep them. Coulter added
31 that one of the things that staff is dealing with right now is the EPA issue with the
32 inflow /infiltration out in the system. If the City gives a break to the infill zone because currently
33 there are no big projects going on, they will get the break of $1,200. The area of town that has
34 the greatest problems of inflow /infiltration is the infill area. Staff wants to go through and
35 address the problem with the EPA over the next three to five years. There will be projects in the
36 area that we do not know about just yet. The storm water detention concept that we have around
37 town when storm water fills up in basins, the wastewater department potentially may have to do
38 this same type of thing with the wastewater flows by adding an underground storage tank. That
39 tank would hold the waste and bleed back into the system as flows recede. There are still
40 uncertainties so staff feels that the community as a whole should participate equally in the
41 inflow /infiltration activity.
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43 Smith asked for other opinions from the Board. Herring asked about the political pressure
44 that is being exerted and by whom. Campbell answered in general whether in zoning and
45 development review there is a sense that the more you can do to encourage growth and
46 development in the infill area it better utilizes the infrastructure. Council would encourage that
Draft Minutes of the Public Utilities Board Meeting
August 26, 2013
Page 3 of 4
1 as much as possible. Campbell added that this might be one element by giving people a break on
2 the impact fees but believes Coulter has made a good case for the fact it is hard to separate all the
3 Capital Improvement needs in the defined area from the needs of the community as a whole.
4 Gallivan added that if the incentive difference is only a couple of hundred dollars it is no
5 incentive, it has to be a decent spread to encourage infill. Robinson added that if we carve
6 out the infill part our maximum fee brings that fee down too low. We are at the maximum
7 fee on infill at $1,265. It does create a difference and encourages infill development but the
8 study doesn't take into account the issues with the inflow /infiltration. Robinson is leaning
9 toward one zone for wastewater.
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11 Coulter added that the differential in water is $1,400 between zone 2 and the infill. Fisher stated
12 it is $800 when the zones are split. There was a larger split originally but there was sensitivity
13 predominantly on the level of discount and that it pushed the levels higher. Gallivan stated that
14 is a decent incentive spread for water. Fisher lastly commented on the peripheral development
15 sometimes they have an offsite line and they build their own lines. On infill more often they are
16 tying to an existing line.
17
18 Herring asked if we currently have infill zones for water and wastewater. Fisher answered
19 no, it is a new complication. Herring asked if staff is recommending the infill. Fisher stated
20 that staff is providing it as an option. From a revenue standpoint to some degree if staff keeps
21 the numbers with some level of proportionality it is a revenue neutral. It is skewing a little bit
22 because of the sensitivity of the higher numbers. Staff doesn't necessarily want an infill.
23 Coulter added that staff is not recommending an infill in wastewater. Fisher stated that water is
24 neutral. Fisher's personal opinion would be to not create the zone because it is easier to not have
25 it.
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27 Herring went on to say that we are operating a utility not a political machine we are in
28 charge of a utility not the politics involved so why would we get involved with the infill
29 which adds complexity. George Campbell answered that he doesn't disagree with the
30 comments and isn't concerned with whether the infill is added or not. It is perhaps more logical
31 on the water side than the wastewater side. The issue shouldn't be what makes it less complex
32 for us to administer; staff can deal with it however it comes along. Campbell does think in the
33 overall perspective of things whether or not we do things to help create an environment where
34 we are encouraging core city development and avoiding the leap frog development that we need
35 to look at if the numbers are neutral we need to look at what we are doing is achieving the
36 objective. In the long run trying to develop from the core city out and have someone paying for
37 the infrastructure that is built on the outside of that area. Gallivan added it is good economics
38 to him to have the infill. There is money involved to the benefit to the City to promote the
39 zone 1A growth. Robinson sees having the three zones puts a higher impact fee in those
40 areas that are gonna develop quicker. Seventy five percent of the growth is outside of the
41 infill. You will get more impact fees from the area that is going to cause the need for more
42 capital improvements. Campbell stated that impact fees do become an issue every time
43 someone wants to develop a lot.
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45 Chair Smith believes the numbers look better than at the last meeting. Smith suggests the
46 infill zone for water to be created with the recommendation from Fisher regarding the
Draft Minutes of the Public Utilities Board Meeting
August 26, 2013
Page 4 of 4
1 impact fees. On the wastewater side recommend combining zones 1 and 2 and having one
2 impact fee, no infill zone.
4 Robinson moved to recommend the three zone approach from the water impact fee which
5 includes infill. Regarding the wastewater side the zones would be combined to have one
6 zone with the recommended rate of $2,200. There was a second from Gallivan, vote was 6-
7 0 approved.
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EXHIBIT 8
DRAFT MINUTES
CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
September 11, 2013
After determining that a quorum of the Capital Improvements Advisory Committee of the City of
Denton, Texas is present, the Chair of the Capital Improvements Advisory Committee thereafter
convened into an open meeting on Wednesday, September 11, 2013 at 6:09 pm in the City
Council Work Session Room, City of Denton City Hall, 215 East McKinney Street, Denton,
Texas and considered the following specific agenda items listed below.
Present: Brian Bentley, Frank Conner, Thom Reece, Dr. Jean Schaake, Jim
Strange, Devin Taylor
Absent: Dr. Ken Dickson, Jessica King
OPEN MEETING
ITEMS FOR INDIVIDUAL CONSIDERATION
1) Consider a recommendation of approval of the minutes of the August 14, 2013 Capital
Improvements Advisory Committee meeting.
Committee Member Conner moved approval of the August 14, 2013 minutes.
Committee Member Reece seconded. Approval passed (6 -0).
2) Receive a report, discuss and deliberate, and make comments on the 2013 Water and
Wastewater impact fee study results.
Joel Nickerson, Water Utilities Coordinator, summarized the impact fee update process to
that point. Nickerson discussed the Water impact fees. The maximum fees calculated for
Zone 1 were $4,593 and $5,753 for Zone 2, which covers southwest Denton. He said that
original staff recommendation was $3,900 for Zone 1 and $4,900 for Zone 2. The Public
Utilities Board gave staff input that the gap between the fees was too large and that the
$4,900 fee for Zone 2 was too high and might discourage growth in Zone 2. The staff
recommendation incorporated constriction cost inflation and accounted for some strange
math in the 2013 study, which made the maximum fees higher than expected. Staff was more
comfortable with $3,900 for Zone 1 and $4,900 for Zone 2. The revised staff
recommendation that incorporated the PUB comments was $3,800 for Zone 1 and $4,500 for
Zone 2.
Nickerson said that the second part of the fee study was to consider an infill zone. The
maximum fee for the infill zone carved out of Zone 1 [called Zone IA] was $3,167 and for
the rest of Zone 1 [called Zone 113] was $5,250. The infill zone does not affect Zone 2
maximum fees. Staff recommended $3,100 for the infill Zone IA, $3,900 for Zone 113, and
$4,500 for Zone 2. Staff asked for feedback on fee stricture and whether or not to infill zone.
Draft Minutes of the Capital Improvements Advisory Committee
August 14, 2013
Page 2 of 5
1 The PUB adopted a recommendation of the staff impact fee recommendation and to adopt the
2 infill zone.
4 Dr. Schaake said that the revisions seemed rational and in line with the CIAC
5 discussion. The Zone 1A and Zone 1B split was new from previous times. Nickerson said
6 that staff has not taken a position on the infill zone but that was the recommendation adopted
7 by PUB. Schaake said she thought it was the consensus of the CIAC that splitting Zone
8 1 was a good idea.
9
10 PS Arora, Water Utilities Assistant Director for Wastewater, showed the current Wastewater
11 zones. Zone 1 covers the city south of Loop 288 and Zone 2 covers the area north. He
12 discussed the capital projects planned for Zone 1, which are the basis for the development of
13 impact fees. He discussed the projects to serve the Hills of Denton project in Zone 2. Arora
14 said the maximum fees calculated by the consultant came in at $3,175 for Zone 1 and $1,400
15 for Zone 2. Combining the two zones, which staff recommends and PUB is going in the
16 direction of having just one zone, has a maximum fee of $2,851 and a staff recommended fee
17 of $2,200. Arora said that when Zone 2 first started, the Clear Creek Ranch/ Hills of Denton
18 project was supposed to start quickly. The sewer line and wastewater plant were designed
19 and got a permit from TCEQ but staff doesn't see signs of that project developing at this
20 time. To make it easier administratively, staff recommended combining the zones and having
21 one fee.
22
23 Arora said that staff looked at the infill zone, but Wastewater is not the same as Water, which
24 is interconnected. Only the Pecan Creek interceptor, not the Cooper Creek and Hickory
25 Creek interceptors, flow through the infill area with the plant shared in common. That shifted
26 a lot of the cost of development to Zone 113. Zone IA came it an $1,285 and $4,010 in Zone
27 113. Staff said we are working with EPA, which causes impact on how fast projects must be
28 done and will cause financial stress on the utility. We need to be able to recover costs from
29 everybody coming into the system. In the infill zone, a lot of development is redevelopment,
30 which gets a credit for the existing meter. If water demand is not increased, there is no
31 impact fee. Development with increased water demand only pays for the excess water
32 demand created. Already in the infill zone, the impact fee is not a major issue. So, the
33 recommendation is to create a single impact fee zone. Considering what is coming from
34 EPA, which is going after cities all over the county, including San Antonio, which has to
35 spend $1.2 billion over 10 years and pay a fine of $2.4 million, we will have to put many of
36 these projects in a five- to seven -year window. We need to be able to get money from all the
37 sources we can and apply it to bonds we will be selling. The $2,200 fee will recover the
38 inflation factor, about 14 percent, from 2008. A fifty percent credit on the fee is a little over
39 $2,100. With the calculated credit, the maximum fee is $2,851 so we went to $2,200. PUB
40 liked this, so their recommendation is to go with one impact fee zone. They are looking at
41 three zones for Water, including the infill zone, but just one zone for wastewater.
42
43 Committee Member Strange asked what the steps are to change the fee from the
44 recommended amount to the maximum. Arora said that within the five year window, staff
45 could come back to the Committee and ask, with the flexibility to go to the maximum.
46
Draft Minutes of the Capital Improvements Advisory Committee
August 14, 2013
Page 3 of 5
1 Committee Member Taylor asked how many meters or customers there are for Water
2 or Wastewater. Arora referred to the report [Table 6].
4 Dr. Schaake asked if action from the Committee was required. Arora asked that if the
5 Committee agrees with the staff recommendation, it can make a motion to take that to the
6 Council based on staff recommendation. Arora said that staff could prepare a memo for the
7 Committee to sign. Nickerson said that the last page in the Committee packet were the
8 comments submitted by the Council in 2008. Staff could draft a memo that follows that and
9 provide it to the Committee for feedback, and could submit Committee minutes.
10
11 Committee Member Conner asked whether there had been public feedback over the
12 discrepancy in Zone 1 and Zone 2 fees because the PUB was concerned about the
13 disparity. Arora said that the PUB thought the difference was too large. There is flexibility
14 to lower the fee, but we can't go beyond the maximum, so they chose to reduce the disparity.
15 Conner asked if staff had gotten complaints from people that felt they weren't getting a fair
16 shake because they are in a different zone. Arora said that issue had not come up. In fact, one
17 community wanted to participate in it so they could move forward with their projects. PUB
18 meetings are posted, but nobody from the development community came to discuss that. At
19 the Council there will be a work session and public hearing.
20
21 Committee Member Bentley asked how the difference between the original staff
22 recommendation for Water Zone 2 of $4,900 and the revised recommendation of $4,500
23 was made up. Arora said that ratepayers would pay for it. Bentley said that basically we
24 are subsidizing new development so our older developments, who need their own money
25 for repair, are actually subsidizing new properties. Arora said that staff look at impact
26 fees in relation to other cities. If it is a competitive matter for the city to grow, that is
27 considered and we make some compromises in how much to charge.
28
29 Committee Member Strange said to remember that the rate payers in the new
30 developments are paying for repairs on the old stuff too.
31
32 Bentley said he didn't understand how $400 keeps somebody from buying a new house.
33 Arora said that was the staff s recommendation but the Committee could choose to adopt
34 something different.
35
36 [C- osstalkj
37
38 Strange said that when you have conversations with customers and say it's only another
39 $1,000, and when they write checks for it, they get tired of hearing that.
40
41 Dr. Schaake said that the Committee had before it recommendations for Water and
42 Wastewater based on the Committee's previous meeting and what the Public Utility
43 Board has put into the mix. Dr. Schaake asked for a motion on what could go forward
44 to City Council for the Water impact fee and a separate one for the Wastewater impact
45 fee. Then the Committee could ask staff to prepare a summary of these
46 recommendations that every member of the Committee would sign off on.
Draft Minutes of the Capital Improvements Advisory Committee
August 14, 2013
Page 4 of 5
2 Nickerson said there was no staff recommendation on whether to adopt an infill zone for
3 Water and asked the Committee to include whether or not in adopt an infill zone in their
4 recommendation.
5
6 Dr. Schaake said that she thought there was consensus on the infill zone last time.
7
8 Bentley said he would like to see the infill zone and was comfortable with the original
9 staff recommendation of higher fees. These fees are only a portion of the real cost and
10 are already being subsidized. To put it off and artificially lower it is just lying to
11 ourselves. He said that it costs what it costs.
12
13 Dr. Schaake said that maybe the Committee should make three motions with the infill
14 zone separate because that is new this time around.
15
16 Bentley made a motion to adopt the infill zone. Conner seconded. Taylor asked whether
17 the motion was an infill zone for both Water and Wastewater. Dr. Schaake said that the
18 motion was for Water only because Wastewater was going to combine zones. Taylor
19 clarified that the recommendation would be in favor of an infill zone for Water and not
20 for Wastewater. Approval passed (6 -0).
21
22 Dr. Schaake asked to see the staff recommended Water fee. Dr. Schaake asked whether
23 the Public Utilities Board would have further input to the revisions made by staff after
24 the Committee had given their recommendation to the City Council. Nickerson said that
25 the PUB approved the revised staff recommendation and they did not have further input to
26 provide. Dr. Schaake asked whether staff had taken the PUB decision into account and
27 now staff recommendation was the bolded numbers. Conner asked whether the staff
28 recommendation was based on the PUB decision. Nickerson said that the revised staff
29 recommendation was based on PUB feedback and the PUB approved the revised staff
30 recommendation. Taylor asked if the Committee were to give a different
31 recommendation, would it would need to go back to PUB or if there would be two
32 separate recommendations to the Council. Nickerson said there would be two separate
33 recommendations. Taylor said he shared Commissioner Bentley's concerns. He also saw
34 that the infill fee had been raised by $400 in the PUB version, and the entire point of an
35 infill district is to lower the fees and encourage infill development.
36
37 Taylor moved to adopt the original staff fee recommendation for Water. Bentley
38 seconded the motion. The motion passed (4 -2; Bentley, Conner, Schaake, Taylor in
39 favor; Reece and Strange opposed).
40
41 Taylor moved to set a single Wastewater impact fee zone and set the fees at $2,200.
42 Bentley seconded the motion. The motion passed (6 -0).
43
44 Dr. Schaake asked to note that the Committee wanted to pay for the impact that is
45 created and that the lower number was thought appropriate for the infill zone.
46
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Draft Minutes of the Capital Improvements Advisory Committee
August 14, 2013
Page 5 of 5
3) New Business — This item provides an opportunity for Capital Improvements Advisory
Committee members to suggest items for future agendas or to request information from
the Assistant City Manager of Utilities and /or the Director of Water /Wastewater Services
for future meetings.
No items
4) Official Action, if necessary, on Closed Meeting item(s) under § §551.071 - 551.088 of the
Texas Government Code, as amended.
No items
5) Adjournment.
The meeting was adjourned at 6:36 pm.
PudbIhc V ieai -ih'�
AGENDA INFORMATION SHEET
AGENDA DATE: November 5, 2013
DEPARTMENT: Denton Municipal Electric (DME)
UTILITIES ACM: Howard Martin, 349 -8232 �.
SUBJECT:
Hold a public hearing and consider approval of the proposed siting of an electric substation
located east of Masch Branch Road and approximately 0.3 miles south of FM 1173 in the
northwestern area of Denton Municipal Electric's certificated service territory, in Denton
County, Texas.
BACKGROUND:
The Denton Municipal Electric (DME) Capital Improvement Plan includes a project to constrict
a new substation near the northwest corner of the Texas Municipal Power Agency (TMPA)
138kV transmission loop to allow interconnection of Oncor and TMPA 138kV transmission
lines. This interconnection is necessary to provide a new 138kV source for the Denton area. A
map is attached as Exhibit I that shows the general area of the proposed station and the TMPA
and Oncor 138kV lines in the area. A new 345kV to 138kV transmission substation is planned
by Oncor northwest of Krim. Oncor will reconstruct its existing single circuit 138kV
transmission line to bring power from the station northwest of Krim into the Denton area. The
location for the new DME station was chosen for two primary reasons:
1. The proposed location makes maximum use of existing transmission line easements and
results in no new easements being necessary other than the very short sections required
to route the connections into the proposed new station.
2. The proposed location for the new station is at the point farthest from Denton West that
can be obtained using existing transmission line easements. Denton West is, currently,
the only major 13 8kV source for Denton and the surrounding areas. Siting major
delivery points distant from each other provides the best arrangement for reliability.
Greater physical separation gives the best statistical chance to avoid having a single
storm event affect both locations.
DME began analysis of the power supply situation with its 2010 FERC Form 715 Power System
Assessment. This study indicated an overreliance on the Denton West Interchange for power
supply and the need for a new major 138kV source, not only for Denton but for the region.
Following the study, DME initiated discussions with Oncor, TMPA, Brazos, and Garland to seek
a solution to the need. A joint study group was formed; and, after more than two years of
evaluation and discussion, a solution has been identified. Oncor plans to constrict a new 345kV
to 138kV substation in its existing Krim West station and constrict two 138kV transmission
lines from the station, one for connection to Brazos and one for connection in the Denton area.
The Brazos connection will indirectly benefit Denton by allowing power to flow into the Denton
North Interchange over an existing line. This Brazos line is not adequate for Denton to receive
the full benefit of the new 138kV source; consequently, the proposed interconnection between
Oncor and TMPA transmission lines at the proposed station location is necessary.
The proposed new station has been referred to geographically as the Northwest Switch/
Substation site. The proposed name for the station is Masch Branch. The station will initially
only have transmission switches and breakers and should be referred to as a "Switch." Space
will be provided for substation transformers to be installed in the future at which time the name
will be changed to "Substation" to reflect the change in usage.
DME held a public meeting to inform and receive feedback from the community regarding the
siting of the planned Northwest Switch Station. The meeting was held at Blanche Dodd
Intermediate School in Krim on the evening of September 5, 2013.
DME notified the 116 residents and property owners within 500 feet of the four proposed sites.
• 9 signed in at the meeting
• 6 filled out comment cards
• 2 comments stated no site preference
• 4 comments were in favor of "Option 1"
• 2 comments were opposed to "Option 2"
• 2 comments were opposed to "Option 3" & "Option 4"
OPTIONS:
1. Approve "Option 1."
2. Do approve "Option 1."
RECOMMENDATION:
In light of information received at the open house meeting, DME recommends that the City
Council approve "Option 1."
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
The Public Utilities Board was informed of this project and meeting on August 12. The City
Council was informed of this project and meeting on August 13.
On October 14 the Public Utilities Board (PUB) voted to recommend approval of Option 1. See
pages 1 -4 of Exhibit "5" and Exhibit "6" for an account of the discussion and comments from the
public regarding the project.
2
EXHIBITS:
1. Denton Area Transmission Map
2. Map of site options for the Northwest Switch Station.
3. Sign in sheet from the September 5 meeting.
4. Comment sheets from the September 5 meeting.
5. Draft minutes of the October 14 PUB meeting.
6. Comment cards from the October 14 PUB meeting.
Respectfully submitted:
Phil Williams
General Manager
Denton Municipal Electric
Prepared b
I '
rian Daskam
Energy Services Development Officer
Denton Municipal Electric
Existing Oncor
single circuit 138kV
transmission line to -. Rraaos 138kV
be reconstructed as
double circuit in
existing casements
North Lakes Denton North
Substation ❑ Tnterchange/Sub ❑
slahon Kings Row ❑
—General area for Substation Future
new DME Station Kings Row „
Substation
Cooper
Jim Christal
Substation
Oncor345kV
(to Jacksboro) Kann Tap Switch
Oncor)
R.D. Wells
Interchange
Denton West
Interchange
TMPA 345kV
(to Roanoke)
RoonieRrae
Substation ❑
Hickory
❑ Substation
Fort Worth
Substation
Oncorl3SkV
(to Krugorviltc)
Arco Switch/
Substation
McKinney E:1
Exhibit 1
Substation
Denton Municipal Electric
Tndusnial
Denton Area Transmission System
Woodrow
Locust ❑ Substation
Substation
SubslaUOII ❑
Spencer
Spencr
LEGEND
Switch
ihitcrchange
Station -DME
Station - Others
DME G9KV
DME 138KV
ONCOR 138KV
ONCOR 345KV
Pock[*.,
TMPA 13SKV
TMPA 345KV
t
BRAZOS 13SKV
VSWiLCfi u " "P Corintl, Substation
(Onto,)
3 3s n �,s' "� ����� 8kV W e
(to ewsvlle)
5
EXHIBIT 2
NOTIFICATION MAP FOR
NORTHWEST SWITCH STATION
Option
Legend Northwest
® Subject Property
500 Ft Boundary Switch Station
177
LN
N
W E
S
500 Ft
Boundary
SEQUOIA DR
APPALOOSA DR
WITHERS WAY
0 tion
Option \
1
-a SANTA FEL
'TR
m
p2
\
O
U
\ `"
W
PI
A -TRL
Co
¢
ROBMAf
a
z
cn U
LITTLE BROOK RD
KNIGHT LN
r
�AOO �",�
Option
Legend Northwest
® Subject Property
500 Ft Boundary Switch Station
177
LN
N
W E
S
EXHIBIT 3
1ME Public Involvement Meeting Septemiber 5, 2013
,UATO EXHIBIT 4
m u N I C I P AN, Northwest Switch Station Pro of
1-1,FCTRIC Questionnaire
September 5, 2013
Thank you for attending this Public 01pen House Meeting. We do not have a presentation planned for
this meeting, and you are invited to come and go at your convenience. We would like to hear your
cornments, on the planned Northwest Switch Station site. Mease take a few minutes to answer the
following questions and then return this form to us this evening. Your completed questionnaire will help
DME understand public interests and! concerns about the Northwest Switch Station Project.
1. Are you a resident in the area of the planned switch station?
Yes
U No
2, If not, please indicate your affiliation
• Agency
• Developer
• Landowner
• Other
1 Do you understand why this switch station is needed?
X- Yes
U No
Do you have comments on the purpose and need of the project?
k fi'
4. Were the exhibits and iniformatiion presented helpful for your understanding of the project?
Yes
No
How could we improve this effort?
5. Do you believe all relevant factors are being considered?
6. Do you have comments or special concerns that YOU Would like the project team to know about or
to take into consideration?
5
. 4- z
<.DKz -N, I :n,
7. Please provide your name and mailing address (optional):
Name: -,.—J k,
Address: �Rh
City, State:
Zip Code.
Jim F. Bell — Land Owner
'Tracts 3 and 4, Jam es Ha ney S urvey, 32 acres
September 5, 2013
REASONS TO REJECT OPTIONS 3 and 4
Y
'Fhe parcel of land on which Option 3 is sited (16 acres, 'Tract 4, James 1-lal,iey Survey)
was purchased by my father in 1963, using'Fexas VA Land Board benefits. He
transferred it to nie in 1989, prig-narily due to his concern that lie would lose a pejiding
lawsuit brought against hirn by the FDIC, forcing him to declare bankruptcy to protect
what ineager assets he had. He lost over a million dollars (his entire retirement) in batik
stock due to the F' IC closing small local banks lie was affiliated with. The FDIC lost
their lawsuit (see Bell vs. MIC), with a verdict of"Not GUilty On all 43 counts. Ile did
not take bankruptcy.
'Phis property represents my retirement - a piece of land that I plan to build on arid create
as legacy Ibr my son. Building as switching station oil this property would devastate birth
my Future plans and retirement, which are scheduled to commence January 1, 2014 at
which time I will have turned 59 1/,z, enabling me to utilize IRA funds I have rigorously
set aside during the lean times of rny working career. Any portion of this property, or
adjacent property, utilized for as high-voltage switching station would render time entire
property unusable tome.
I bought the adjacent 16 acres ('I'raet 3, Jarnes, flancy Survey) from nay lather's friend,
Dr. MacAl✓xander. fleand my father were dentists that had established dieir first offisces
across a breezeway froin each other, and they became friends, cacti covering 1:'or the other
when necessary. When I received the transfer of'my father's property in 1989, 1 found Ile
and Jr. Mac Alexander were paying more in property taxes than in mortgage payments
and. was able to initiate as 1-d-I agricultural exemption for theiii by having as local farmer
grow wheat on their land. I had expressed an interest to Dr. MacAlexandcr in purchasing,
his latidshoLtld lie evei-wai,it tar sell, His diagnosis with terminal pancreatic cancer
caused him to contact me regarding the purchase in 1998., and I consurm-nated the
purchase from, his estate soon after his death. This was a difficult purchase for me, as I
had just undergone a contentious and expensive divorce which forced me it) borrow the
down payment nioney for the property from my brother, and the seller (Estate) financed
the property purchase for 10 years.
As a young child, my father and brother and I would go rabbit hunting on "Cottontail
Acres", as we called it then. We also, dove hunted on the property. I taught my son how
to shoot as shotgun on the prol,.)erty, and he shot his first dove there. Utiffirtunately, the
City of Denton annexed the property in 2010, which eliminated our dove hunting, due to
the law against discharging firearms within the city limits.
I have a deep connection with [lie land that is designated as Option 3, and building a
switching station at that location would imperil my future and retirement dreams, as well
as my son's future and any legacy I could build to leave him.
I am very aware of exposure to high voltage electricity, due to the possibility of DNA
damage from continued EMFand ELF exposure and other health concerns. As soon as it
was recommended that pregriant women not use electric blankets, mine was consigned
immediately to Goodwill, even though there are many times that I wish I could use one,
as I do not use ANY heat during the winter (to save money) while waiting to begin
construction on my retirement hone on the Denton property. I don't use a cell phone
because of the possibility of electrical/radio frequency proximity damage, When working
at a desk on the computer during my commercial real estate banking career, I kept the
CR r I'monitor Pushed as far as possible from me on the desk to niminuze exposure, This
is a very real danger to me, and one that should not be taken lightly, notwithstanding the
lack of documented medical research. There is no documented medical research proving
that aluminum cookware causes Alzheirners disease, but the mere suggestion that it rilay
be a causal factor is sufficient, it) my mind, to avoid using it completely. Tylenol was
supposed to be the safest pain reliever, until lojvy .6 terni research has now found that it
causes liver drainage.
Reiect.0ption 4
The proximity to high voltage transmission lines that would occur should Option 4 be
chosen would have serious negative impact upon my future retirement and enjoyment of
my pic)perty due to locational proximity and the possibility of EMI,and ELF long-term
chromosomal damage.
Other Q2gM
Of the initial presentation of switching station locations Options 1-4, Option 1. appeonv to
be the most advantageous, due to its location AWAY from the roadway and directly on
the transmission line.
There appears to be many other viable sites available on the West side of Masch Branch
Road utilizing the existing easements already in place under the existing 13 8 kV and
proposed 1.38 kV transinission lines that would both reduce site costs tea acquire and,
.reduce costs necessary to build additional tie-in lines. Any future switching station
would be best sited ad.jacent to the actual transmission lines, than across a road from
them.
W,TO N
u N I c I F A L �Northwest Switch Station Proie
E L J C T R I C Questionnaire
Septernber 5, 2013
Thank you for attending this Public Open House Meeting. We do not have a presentation planned for
this meeting, and you are invited to come and go at your convenience. We would like to hear your
comments on the planned Northwest Switch Station site. Please take a few minutes to answer the
following questions and then return this form to us this evening. Your completed questionnaire will help
DME understand public interests and concerns about the Northwest Switch Station Project.
1. Are you a resident in the area of the planned switch station?
4 Yes
Li No
2. If not, please indicate your affiliation
U Agency
LJ Developer
• Landowner
• Other
3. Do you understand why this switch station is needed?
,Oq Yes
u No
Do You have comments on the purpose and need of the project?
1—`.�-7"
A. Were the exhibiits and information presented helpful for your understanding of the (project?
.J� Yes
u No
How could we improve this effort?,,
5. Do you believe all relevant factors are being considlered?
6. Do you have comments or special concerns that you would like the project team to know about or
to take into consideration?
al
'7^ Please provide your name and mailing address (optional):
Name:
Address:
'/'
"
r6
City, State: TIV,
Zip Code:
R. ..... N /��t, TC I P A L Northwest Switch, Station; Proiect
ELICTRIC Question nia ire,
Seiptember 5, 2013
Thank you for attending this Public Open House Meeting. We do not have a presentation planned for
this meeting, and you are invited to come and go, at your convenience. We would like to hear your
comments on the planned Northwest Switch Station site. Please take a few minutes to answer the
following questions and then return this form to us this evening. Your completed questionnaire will help
DME understand public interests and concerns about the Northwest Switch Station Project.
1, Are You a resident in the area of the planned switch station?
W Yes
Li No
2. If not, please indicate your affiliation
LJ Agency
u Developer
Li Landowner
Li Other
3. Do you understand why this switch station is needed?
U. Yes
LJ No
Do you have comments on the purpose and need of the project?
4. Were the exhibits and information presented helpful for your understanding of the project?
Ad, Yes
Lli No
How could we improve this effort?
k,
5. Do you believe all relevant factors are being considered?
6. Do your have comments or special concerns that you would Re the project team to know about or
to take consideration?
�Itol — , 1
L
41
46
fzds� — 0 e� k>^ f
7. Please Pdv%e`yAr J- na eand mailing address (optionally: r
Name v a c J&-lk"d
Address: 16Yk'
City,Sta,te. a & i-iyx)
Zip Code:
Wc'TON
I Northwest Switch Station Projec
E C T R I C Qui!e,sit!ioni,nia ire
September 5, 2013
Thank you for attending this Public Open House Meeting. We do not have a presentation planned for
this meeting, and you are invited to come and go at your convenience. We would like to hear your
comments on the planned Northwest Switch Station site. Please take a few minutes to answer the
following questions and then return this form to uis thus evening. Your completed questionnaire will help
DME understand public interests and concerns about the Northwest Switch, Station Project.
1. Are you a resident in the area of the planned switch station?
Yes
No
2. if not, please indicate your affiliation
U Agency
Li Developer
Li Landowner
U Other
3. Do you understand why this switch station is needed?
A Yes
Ll IN o
Do you have comments on the purpose and need of the project?
4. Were the exhibits and information presented helpful for your understanding of the project?
)� Yes
U No
How could we improve this effort?
5. No your believe all retevanit factors are being considered?
6. Do you have comments or special concerns that you would like the project team to know about or
to take into consideration?
A%r
Z,z
7. Please provide your name and mailing address (optionM):
Name
Address:/� . ,5-v c
y
City, State-, 7--k
Zip Code:
"OkNTON
Noirthwest S�witch St�ailtio�n Pro,iec
EL E C T R I C Questionnaire
September 5, 2013
Thank you for attending this Public Open House Meeting. We do not have a presentation planned for
this meeting, and you are invited to come and go at your convenience, We wvouldl like to hear your
comments on the planned Northwest Switch Station site. Please take a few minutes to answer the
folliowing questions and then return this form to us this evening. Your completed questionnaire wili help
DME understand public interests and concerns about the Northwest Switch Station Project,
1. Are you a resident in the area of the planned switch station?
LJ Yes
4/1No
2. If not, please indicate your affiliation
r-) Agency
U Developer
U, Landowner
Other
3, Do you understand why this switch station is needed'?
* Yes
* No
Do you have cornments on the purpose and need of the project?
4. Wer,,,, the exhibiits and information presented helpful for your understanding of the project?
W Yes
Li No
How could we improve this effort?
S. Do you believe all relevant factors are being considered?
6, Do you have comments or special concerns that you would like the project tearn to know about or
to take into consideration?
7. Please provide your name and maiilling adclr (o tional):
N1 a rn e:
Address: 7�s
City, State:
Zip Code:
Z
'MTON
Northwest Switch Station Projec
September 5, 20113
Thank you for attending th;is Public Open House Meeting. We do not have a presentation planned for
thismeeiing,mmdyuwanmimvitedtmcmmeandgoatyourommyenhence.VVevvou|dkketohearVnur
comments mm the planned Northwest Switch Station site. Please take a few minutes toanswer the
following questions and then return thiis form to uis this evening. Your completed questionnaire will help
DME understand public interests and concerns a,bout the Northwest Switch Station Project.
L Are you a resident in the airea of the planned switch station?
�No
1 If not, please, indicate your affifiat|mn
L) Agency
Developer
Li Other
3. Du wmder�andywhythis switch s�tiomisneeded?
U No
Do you have comments on the purpose and need of the project?
4. Were the exhibits and information presented helpful for your understanding of the project?
Lil Nn
How could we improve this effort?
5. Do you believe all relevant factors are being considered?
6 Do you have comments or special concerns that you would like the project team to know about or
to take into consideration?
7. Please provide your name and mailing address (optional):
0arne' Q4 ` f'~ � K/� �e-�S�~p~--
� x,`���^�v�v / ��`
Address: ��m^&�L �y
Cty State' - ' - - -
' ' &�r
Zip Code:
. _['k
EXHIBIT 5
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 October 14, 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, October 14 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
8 Center, 901A Texas Street, Denton, Texas.
9
10 Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy
11 Robinson, Leonard Herring, Phil Gallivan Barbara Russell and Lilia
12 Bynum
13
14 Ex Officio Members: Howard Martin, ACM Utilities
15
16 Absent: George Campbell City Manager
17
18 OPEN MEETING:
19
20 PUBLIC HEARING:
21
22 1) Hold a public hearing and consider making a recommendation of approval to the City
23 Council regarding the proposed siting of a substation located east of Masch Branch Road and
24 approximately 0.3 miles south of FM 1173 in the northwestern area of Denton Municipal
25 Electric's service territory; discuss, deliberate, provide staff with direction, and make a
26 recommendation.
27
28 Phil Williams, General Manager DME and Brent Heath, Engineering Executive Manager of
29 Energy Delivery, gave the presentation. William states as previously discussed with the Public
30 Utilities Board and City Council, DME has an aggressive CIP to replace substation and
31 transmission electric infrastructure but also to add new for growth and to increase reliability.
32 There is an opportunity with Oncor building new lines west of the city intersecting and bringing
33 new additional feed into the Denton system. The new station would serve two purposes, one to
34 provide additional electric feed into the electrical grid but also provide an additional substation
35 when the area develops in the future. When Loop 288 builds out and comes around we will need
36 additional distribution in that area. Heath reminded the group that a couple weeks ago there was
37 a presentation that recapped the $257 million worth of substation and transmission line projects
38 that DME has planned over the next five years. This is just one of the projects from that group.
39 Of those projects staff has to secure 140 acres with 65 tracts for the substation sites. Also have
40 to acquire 30 miles of transmission line easements across 235 tracts. This is just one of the
41 substation sites included in the five year CIP package. This is the Northwest switch station on
42 the south east side of Krim. This location has been chosen because of the NERC required FERC
43 715 report that DME worked on. The FERC 715 report requires DME to look at the
44 transmission system and do in -depth mathematical modeling analysis of the system to see where
45 if any deficiencies may exist. There were some deficiencies on the transmission system in this
46 area. A j oint task force has been formed with Oncor, TMPA, Brazos Electric Power and Garland
47 Power and Light. Solutions were determined that the Northwest Switch Station would solve the
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deficiencies.
Heath stated there was a Public Meeting on September 5. There were 116 notices mailed out
with 9 people in attendance. There were six cards filled out with four people favoring option 1
and no oppositions. There was opposition to options 2, 3 and 4.
Heath showed the options on a map. Staff is here today to show the information that was
received at the public meeting. There were four positive comments for option 1. Staff's
recommendation is for option 1.
Chair Smith stated there were two cards for citizens to speak.
The first was Sharon McKee, 1722 Villa Ct., Corinth, Texas. McKee stated that she owns option
2 property, 29 acres. The property was bought for an investment knowing that Loop 288 was
going to be extended and expected development. If DME chooses Option 1 will that devalue her
property. Smith stated that this board could not answer that question.
Williams answered that Oncor has an existing line and is going to expand it. Heath followed by
saying that the existing Oncor line nuns down the west side of Masch Branch Rd. With moving
option 1 they would have to get into the substation site and get back out. It would have an
impact on option 2 site. Williams then said that Oncor would have to pay fair market value for
easement to cross option 2 to get to the site of option 1.
Les Petersen, 4301 Masch Branch Rd, was in attendance for information purposes.
Board Member Herring asked if this is a dual certified area and who serves the area in a
distribution capacity. Williams answered it is at least Oncor and DME, not sure if CoSery is in
that area. Sears knows that area is Oncor currently.
Jim Bell, citizen, stated CoSery does serve the area he has had bids to provide electricity for his
property.
Herring asked if we currently have distribution in that general area. Heath answered not at
this time but staff is making provisions with this switch location to be large enough so in the
future as growth develops DME will be able to add two transformers to pick up the load growth
in that area.
Chair Smith queried that there is no question that DME needs a substation in that area.
Heath stated that because of the transmission system now and in the future because of load
growth a substation is needed in that area. Williams added that from a liability standpoint the
FERC 715 study stated that there needs to be a switch station and an interconnect besides Denton
West. Heath further stated that when DME met with the joint task force of Oncor, Brazos
Electric, Garland Power and Light and TMPA the recommendation was that the station at this
location was the best solution of all of the other solutions and was the lowest cost solution.
Gallivan questioned that DME choose the east side and not the west side. Williams
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Draft Minutes of the Public Utilities Board Meeting
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answered there is an apartment complex on the west side. The area that was chosen is an open
field. Sears stated that DME tried to pick the area that would have the least impact from a
transmission site use standpoint. Staff tried to get either on or adjacent to existing transmission
lines as possible. Heath stated they were looking for a site that was large enough 8 -10 acres and
still have room for buffers.
Cheek wanted to address the question of property value understanding there would be
transmission lines going in and coming out to get to the substation. Would the value
question be for our Real Estate Department. Paul Williamson, Real Estate and Capital
Manager, stated that in general wherever that substation site would be because of the likelihood
of transmission lines and other entities it would certainly have a huge effect in the immediate
area. Cheek added that it will also add new electricity for the area. Williamson agreed and
when you talk about the market in general and make a sweeping general statement and say that
the area will have something different because of the substation you could also argue that
because power if there it could drive development. Williams added that RD Wells would be an
example of where a substation has a positive effect on property values for commercial
development.
Herring asked about the routing and if option 2 wouldn't be better because of the in and
out. Heath answered they were trying to keep it away from as many residents as possible. Sears
also added that the biggest difficulty with option 2 is there is an environmentally sensitive area
that cannot be encroached on, that would squeeze the area where the substation would be, the
design would have to be changed.
Gallivan asked if Loop 288 would cross into option 2. Williams answered it will turn and go
south before the option. There was some further discussion regarding the alignment of Loop 288.
Chair Smith asked if anyone else would like to speak on this subject.
Ralf Ortiz, 1717 Santa Fe Trail, Krim asked how loud it would be. Williams answered there are
existing substations in urban areas now. There is a `hum' if you are inside the substation but
outside that drops off. Heath added that right now it will be a switch station there will be no
transformer. Without a transformer there is no `hum'. Ortiz stated if it is going to generate
traffic he had rather it come from Hwy 380 instead of FM 1173. Williams answered after
constriction it will not generate traffic at all. Only a technician will go weekly.
Sharon McKee asked the constriction timeframe. Sears answered it would be in service by late
2015.
Jim Bell stated he owns the property for option 3. Bell has spoken with a number of DME staff
regarding the site for option 3. That property was purchased by Mr. Bell's father 50 years ago.
Bell bought the property adjacent to it 15 years ago. Bell opposes option 3. That is his
retirement property.
Smith added for information purposes that this Board would make a recommendation to
City Council and they will make the final determination of the option.
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Draft Minutes of the Public Utilities Board Meeting
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Smith closed the Public Hearing and asked for a recommendation.
Board Member Herring made the motion to recommend option 1 with a second from
Board Member Russell.
Gallivan stated that he understands the position of residents for options 2 and 3.
Robinson's only comment was regarding option 2, as much of the existing easement that
can be used to get lines in and out of the switch station, he would encourage using.
Both Williams and Sears agreed that they would do their best to use the easement.
CONSENT AGENDA:
2) Recommend approval of an ordinance abandoning and vacating an Electric Utility Easement
(the "Easement'), granted by Denton County National Bank to the City of Denton, Texas,
pursuant to that certain Easement dated April 22, 1976, and recorded in Volume 783, Page
343, Real Property Records, Denton County, Texas said Easement encumbering lands
located in the Wm. Neil Survey, Abstract No. 970, Denton County, Texas and generally
located at 325 West Hickory Street, and declaring an effective date.
3) Recommend approval of an ordinance abandoning and vacating a Temporary Drainage
Easement (the "Easement'), granted by Allegiance Hillview, LP. to the City of Denton,
Texas, pursuant to that certain Easement, dated August 20, 2007, and recorded as Instrument
No. 2007 - 104852, Real Property Records, Denton County, Texas, said Easement
encumbering lands located in the Buffalo Bayou, Brazos and Colorado Railroad Company
Survey, Abstract No. 192, Denton County, Texas and generally located at the 2600 block of
Scripture Street and declaring an effective date.
4) Recommend approval of an ordinance abandoning and vacating an Electric Utility Easement
(the "Easement'), granted by Singing Oaks Apts. #1 to the City of Denton, Texas, pursuant
to that certain easement, dated June 4, 1971, and recorded in Volume 624, Page 12, Real
Properties Records, Denton County, Texas, said Easement encumbering lands located in the
M. Yoachum Survey, Abstract No, 1442, Denton County, Texas, and generally located at
307 North Loop 288, and declaring an effective date.
5) Recommend approval of an ordinance abandoning and vacating a Sanitary Sewer Easement
(the "Easement'), granted by Henry S. Miller Company, Trustee to the City of Denton,
Texas, pursuant to that certain easement, dated December 18, 1973, and recorded in the
Volume 695, Page 350, Real Property Records, Denton County, Texas, said Easement
encumbering lands located in the Gideon Walker Survey, Abstract No. 1330 and the Moreau
Forrest Survey, Abstract No. 417, Denton County, Texas and generally located at the 5600
block of East McKinney Street, and declaring an effective date.
6) Recommend approval of an ordinance abandoning and vacating (1) that certain Public Utility
Easement, granted to the City of Denton, Texas by Rex C. Cauble, pursuant to that certain
Easement dated December 5, 1972, and recorded in Volume 735, Page 515, Real Property
Draft Minutes of the Public Utilities Board Meeting
October 14, 2013
Page 5 of 11
1 Records, Denton County, Texas, insofar and only insofar as such easement covers and
2 encumbers .443 acre tract of land, as described on Exhibit "B ", attached to the ordinance and
3 made a part thereof (the "Exhibit B Abandonment Area "), and (2) that certain Public Utility
4 Easement, granted to the City of Denton, Texas by Rex C. Cauble, pursuant to that certain
5 easement, dated December 5, 1972, and recorded in Volume 735, Page 517, Real Property
6 Records, Denton County, Texas, insofar and only insofar as such easement covers and
7 encumbers 0.334 acre of land, as described in Exhibit "A ", attached to the ordinance and
8 made a part thereof (the "Exhibit A Abandonment Area ") (the easements described above are
9 collectively referred to herein as the "Easements) (the Exhibit A Abandonment Area and the
10 Exhibit B Abandonment Area are collectively referred to herein as the "Abandonment
11 Area "), said easements encumbering certain lands located in the A. White Survey, Abstract
12 No. 1406 and N. Wade Survey, Abstract No. 1407, Denton County, Texas, as more
13 particularly described in the Easements, and generally located approximately 1600'
14 northwest of the intersection of North Elm Street and Loop 288, and declaring an effective
15 date.
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17 Board Member Russell had a general question about the easements. Russell has not
18 recalled seeing easements come in like this before. Are some of these about to be developed
19 or are these house cleaning issues. Paul Williamson stated these are just items that need to be
20 cleaned up. Staff is trying to catch up. Most are development related a couple is related to CIP
21 projects. There will be more like these in the coming months. Martin added most of these are
22 where new easements have been provided.
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24 Motion was made by Board Member Russell to approve items 2 -6 with the second by
25 Board Member Gallivan. The vote was 7 -0 approved.
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27 7) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing
28 the expenditure of funds for payments by the City of Denton for electrical energy
29 transmission fees to Cross Texas Transmission (CTT), Electric Transmission Texas (ETT),
30 Lone Star Transmission (LST), Lower Colorado River Authority (LCRA), Sharyland
31 Utilities (SHRY), Texas Municipal Power Agency (TMPA), and Wind Energy Transmission
32 Texas (WETT) for providing energy transmission services to the City of Denton; and
33 providing an effective date (File 5388 -2013 CTT- $266,151.24 / ETT- $499,378.62 / LST-
34 $406,253.77 / LCRA- $1,268,545.00 / SHRY- $160,091.75 / TMPA- $87,324.53 / WETT-
35 $168,575.03 — Total Amount of $2,856,319.94).
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37 Board Member Herring knows the $2.8 million is through ERGOT. We also get money
38 when substations are built because a fee is charged. Do we know the net effect, are we
39 paying more out than we are getting in. David Wilson, DME Business Manager, stated about
40 $3 million a year is coming in.
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42 Gallivan asked where all these lines are. Williams answered that the majority of these were
43 approved by the Public Utility Commission for CRES projects from the West Texas to the load
44 centers.
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Draft Minutes of the Public Utilities Board Meeting
October 14, 2013
Page 6 of 11
2 Martin added that this was looked at and legislatively these payments are required. There is
3 really no option to not pay these. Just like others are required to pay their share of our lines we
4 are required to pay too. Some time ago the items that are legislatively or regulatory required that
5 we pay, they were taken off of the Public Utilities Board and City Council for approval since
6 there is no option. There has been talk to do the same with these payments but have not at this
7 point.
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9 Motion was made by Board Member Cheek with the second by Board Member Robinson.
10 The vote was 7 -0 approved.
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12 8) Consider recommending approval of Bid No. 5350 — Southwest Elevated Storage Tank
13 project to Landmark Strictures I, L.P. in an amount not to exceed $5,074,000.
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15 Chair Smith asked about this item in general. Tim Fisher, Assistant Director of Water
16 Utilities, stated that this project has been in the CIP for a while. It was part of the original
17 negotiations with Robson on development of the southwest upper pressure plane. It is also in the
18 10 year impact fee CIP. The base bid is for a 2.5 million gallon tank and an alternate bid is for a
19 3 million gallon tank. This is very similar to the same tank that was built for Roselawn. There is
20 not a resident within one quarter of a mile and not a City of Denton resident within a mile and a
21 half of this location. Staff thought they would need a specific use permit but did not. There
22 were only three qualified bidders. One of the three did not bid mainly because of the time
23 constraints. There were then two bids. Fisher was within .02% in the constriction bid. Smith
24 asked if it would be about the same size and shape of the Roselawn Tank. Fisher agreed.
25 The geographic location is such that there isn't a better alternative available. Gallivan asked if
26 this tank will be big enough. Fisher answered that this is has large as an elevated storage tank
27 can be built. The likelihood of it being too small in five years is very remote. The tank site is
28 big enough to add an additional tank in the out years, possibly 15 years. Gallivan asked how
29 many acres it is. Fisher answered 3.6 acres. Martin added it is all the way to the north of
30 Robson Ranch. Fisher added that none of the roads to Robson will be used for constriction
31 purposes, FM 2449 and Lively Road will be used.
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Motion was made by Board Member Gallivan with the second by Board Member Cheek.
The vote was 7 -0 approved.
ITEMS FOR INDIVIDUAL CONSIDERATION:
9) Consider recommending approval of the Public Utilities Board Meeting minutes of:
September 23, 2013
Approved as circulated
43 10) Receive a report and hold a discussion regarding legislative enactments, or attempts to pass
44 legislation, in the 83rd Texas Legislative Session as it regards utility matters, including
45 electric, water, and wastewater or matters relating to solid waste.
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Draft Minutes of the Public Utilities Board Meeting
October 14, 2013
Page 7 of 11
1 Consultants Curt Seidlits and Snapper Carr were in attendance to make the presentation.
2 Seidlits stated he would give a report and would welcome questions and discussion. Seidlitis
3 stated they advocate for local control but can't always escape it and transmission is one issue
4 where they give the cost to everyone that participates in the system.
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6 Seidlitis stated at the last legislative session there were a lot of new members that joined. The
7 turnover over the last couple of years has been about 50% in the house and 6 new senators which
8 is almost unheard of One of the main goals is to educate the new members on what the position
9 is from a municipally owned electric utility. They start with the mantra of local control. It is
10 very important to distinguish ourselves along with Texas Electric Coop from the investor owned
11 electric utility that are split up and in the competitive area. That is a challenge.
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13 One of the issues that came up in the last session was `why do you make money and then give
14 the money to the city so the general fund transfer is a big issue. Why do some people have
15 governance at the City Council and others at Boards. The City of Austin and Austin Energy
16 issue, there was a big issue going into the session `why shouldn't you have a different
17 governance approach'. Those issues were looked at. They also looked at the issues of smart
18 meters from a local perspective. A big issue is the state should issue mandates for renewable.
19 Seidlitis position is to take care of that on a local basis with citizen input.
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21 The consultant's goal is to work closely with the delegation. There is a good delegation in
22 Denton both in the house and senate. There is actually experience in the delegation.
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24 Seidlitis talked about a couple of bills. The PUC had the sunset bill. The state agencies are
25 reviewed on a periodic basis, normally 10 -12 years. The sunset bill is a big bill because it opens
26 up to a lot of different types of bills that can be attached. The PUC passed this time without
27 much change. That is what the hopes were from the electric industry. The railroad commission
28 was also up for sunset but failed.
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30 Carr was involved in the water legislation. This session the issue of water is a major budgetary
31 and policy topic for the legislature. The electric utility industry is also a part of that discussion.
32 There was a greater understanding amongst the members even the ones that are not on
33 committees that have oversight over the electric utility system. The nexus between water and
34 energy production in the state was talked about broadly from the oil and gas industry as well.
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36 The legislature put on a proposed constitutional amendment that was passed that will be voted on
37 in November proposition 6 which would expend $2 billion from the `rainy day fund'. That
38 would be a revolving fund to help implement the state water plan. Gallivan stated it sounds
39 more like a loan than an investment. Carr stated it is a revolving loan program that can be
40 from 0% to some small financing amount. Typically to go to public sector entities (cities,
41 counties, river authorities and major water suppliers) to implement projects that are identified in
42 the state water plan those are adopted by each region. In the next session there will probably
43 some reforms to that process to make it less of a wish list and to put more priority behind those
44 projects. The legislation that passed that was apart from the constitutional amendment made
45 some significant reforms to the Texas Water Development Board. Smith asked how the loan
46 would be paid back. Carr answered by future revenues of the projects. Public private
Draft Minutes of the Public Utilities Board Meeting
October 14, 2013
Page 8 of 11
1 partnerships were also encouraged in some of these areas as well. Trying to advance some of the
2 identified reservoirs that have been in the planning stages for a long time was the direction the
3 policies were going. Seidlitis stated there was a renewed emphasis this time in the legislature on
4 infrastructure projects. The transportation amendment will be next year. The water generation
5 nexus have even had some power plants around the state that the water levels have dropped so
6 low that it endangers the actual operation of the power plant. One of the other issues is resource
7 adequacy, will there be enough power plants going forward to meet the growing demand. The
8 demand is leveling off it is still at a growth area that needs new generation and the current
9 market structure hasn't sent the right incentive to build new generation.
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11 Carr stated that they have been waiting all through the course of the legislative session for the
12 governor to appoint a third commissioner we have been without one for some time. Late this
13 summer he appointed the Chief of Staff, Brandy Marty, to be the third commissioner. She
14 doesn't have a long history in utility issues; she is in the education stage in getting up to speed.
15 The biggest issue is the direction the commission will go with regards to resource adequacy.
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17 Seidlitis stated Austin Energy and will be back because what they told the legislature about
18 governance didn't happen. One of the other issues is how do you do the rates for people that are
19 outside the city but are within the service territory. DME doesn't have that problem as much,
20 others do.
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22 Carr stated one other item on the local government issues there seems to be more of a policy to
23 look at picking of service territory. The state has engaged in that practice with Austin Energy.
24 Some large business interest that advocate in Austin effectively have asked at times to look at the
25 system to where load over a certain amount might be about to opt out of a particular service
26 territory. That would be a dramatic change from the current system.
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28 Smith asked what Carr meant by some of the governance changes with Austin Electric did
29 not take place so the governance issue will come back up. Seidlitis answered some
30 understood that the mayor actually initiated a plan that they thought was in agreement with
31 Senator Watson, their local Senator, on moving boards a more independent governing board and
32 the council has not done that. There is a feeling that there will be people come back and say an
33 independent board is needed that is apart from the City Council. That always has the possibility
34 of bleeding over to other municipals. Most of the bills that were talked about were bracketed
35 that would only apply to certain utilities. That issue is not resolved. The rate case was resolved
36 which moved it forward. Smith then asked if Seidlitis has a feel for the support of
37 independent boards for municipal utilities. Carr stated for the legislature fortunately the
38 supporters are such that they think the decision should be made locally. Seidlitis stated there is
39 good support for the local stand point but it is always a danger point.
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41 Seidlitis stated there are some legislators that want to give discounts to universities and public
42 schools. There have been bills filed and will probably come back especially with the pressure on
43 public schools to make do with less money.
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45 When the last legislative session started there were a lot of issues facing us. Starting the next
46 session it will be the same.
Draft Minutes of the Public Utilities Board Meeting
October 14, 2013
Page 9 of 11
1 Carr stated all of the public power advocates and some business interest that pay large utility
2 bills realize they need to engage on this issue and start showing the fallacy of a free discount.
3 The legislature moved in the direction that was wanted.
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5 Seidlitis stated there is a natural inclination to help schools out. They made a good argument but
6 most know it has to be paid. Carr stated in the last session is when the schools were facing a
7 $5.5 billion in cuts. Some of the policies were intended to help soften some of those cuts.
8 Seidlitis stated they have to continue to strive to show that the shareholders and municipally
9 owned electric utilities are tax payers and sometimes they are not as sensitive to shareholders of
10 publicly traded or privately traded utility companies. When you show that the tax payers will
11 have to pay it makes a difference.
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13 Herring asked what circumstances it would be helpful for a group from this Public Utilities
14 Board, City Council or Chamber of Commerce to go and lobby the legislative
15 representatives. Seidlitis used the example of the CHP plant, there were members out at the site
16 and talked to people. The best is to handle this locally by asking members to participate in
17 projects. When something is going on make sure people know of those new projects occurring.
18 The last thing members want is to hear that from irate citizens and not being informed ahead of
19 time. Going to Austin when there are bills that are affected by certain entities is important. Be
20 coordinated and give the same message.
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22 Carr stated that in 2014 when the interim committees are looking at the topics and have a chance
23 to interact and get the issues before them locally has a much better affect on them. Carr and
24 Seidlitis work to set DME apart and hopefully engage the members and bring them to the
25 projects. One example; the members toured the wind farm.
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27 Williams added that he was able to speak at a lunch to the staff members of several of the offices
28 to differentiate them from Austin Energy.
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30 Smith asked for elaboration on the general fund transfers. Each year at budget time that is
31 a discussion this board has. Carr stated that there was discussion on the Austin situation and
32 Carr served on the Austin Public Utility Board at one time. Part of it is getting a hold of the
33 numbers and transparency behind those numbers. Some of the opponents to Austin Energy
34 generated a discussion and some begin calling it a hidden tax. TPPA and others explained how it
35 worked. There has been a look at the size, the transparency of it and how it ties back to
36 governance. Making sure the health of the utility is taken into account.
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38 Seidlitis added that it isn't just Austin Energy it goes to all. A lot of people have a hard time
39 saying `that is a public entity or public utility for the citizens so why should 9 -14% be transferred
40 back to the city. Smith agreed that is a good question. Seidlitis just like a lot of people want
41 to get returns on investments and yields, much the same on a local basis. Carr stated there was
42 recognition in the oversight committees that the tax payers of a MOU take on a risk and for that
43 risk there should be something in return. Carr believes this will be talked about again.
44 Russell stated that Denton County has a day in Austin it is general to the County but when
45 you have several hundred people representing it makes a difference.
46
Draft Minutes of the Public Utilities Board Meeting
October 14, 2013
Page 10 of 11
1 Herring stated that he believes from what he has heard today that the legislative activity
2 will continue in that there are no urgent crises in the upcoming that will effect DME.
3 Seidlitis stated that is a good risk analysis.
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5 Carr added that the biggest course over the interim before next session will be discussions at the
6 PUC and ERCOT with regards to the direction that the overall electric market takes to address
7 resource adequacy issues.
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9 Russell asked about the smart meter bill that didn't pass but one of the candidates running
10 for office made smart meters an issue. They believe the information that is gathered will be
11 used in a negative manner against the consumer. Russell asked if there was something
12 missing that makes it not a good thing. Seidlitis has been involved with smart meters for many
13 years and there are certain people that you will never convince. He wished the term smart meter
14 had never been used, just maybe new reliable meter. He has not found any problems with the
15 meter.
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17 Carr added there was a big push this time around and it got out of the senate committee it didn't
18 come very close to actually becoming law.
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20 Williams asked the consultants to talk about the turnover and the positions coming up. Carr
21 stated that this is the first time there has been a full slate of candidates running for every
22 statewide office in over a decade in Texas. The Lt. Governor is running as the only incumbent
23 that is returning he has many challenging him. There is a high profile governor race now with
24 Attorney General Abbott and Senator Wendy Davis running. The action primarily with
25 exception to the governor's race will be in the primaries. For this election cycle the attorney
26 general race has several people running. The comptroller is a crowded one as well. The
27 governor's race and the statewide race will change direction with Gov. Perry serving the longest
28 by far in State history and his role as governor. All of the state agencies have a very strong
29 connection to Gov. Perry's office. That connection will remain for many years. The direction of
30 where we go on some of the major policy issues will definitely be directed by the outcome of
31 those elections. The turnover that we have seen the last two election cycles has been dramatic.
32 There will be four to six new senators out of 31. Over half of the state legislature is in their first
33 or second term and there have already been 13 to announce retirement or they are seeking
34 different offices. The two chief budget writers on the senate and house sides have both
35 announced their retirements. There will be more information when the primary elections are
36 over.
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38 Seidlitis stated that we will see state government moving more conservative until the
39 redistricting is complete.
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41 Carr stated that one thing they are watching to see if it holds up after the primaries is the last
42 legislative cycle is a three party group of collations which is something that is different than what
43 has been seen over the last decade. Carr added that the legislative make up is currently about
44 one third democrats, one third traditional mainstream republicans and the last one third would be
45 tea - party /libertarian affiliation. There have been some odd parings and was issue to issue as to
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Draft Minutes of the Public Utilities Board Meeting
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what would happen. If the numbers remain the same it will continue for a couple more
legislative sessions.
Herring asked how many municipal electric systems they work for. Carr answered DME,
Garland, CPS Energy, TMPA and Brownsville Public Utility. Carr works for the Texas
Coalition Cities for Utility Issues as well.
11) ACM Update.
a. Neighborhood Meeting Notice
12) Discussion of the Matrix representing items for discussion for future Public Utilities Board
meetings.
No Changes
13) Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Public
Utilities Board 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 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.
Herring update wholesale power
Adjournment 10:26 a.m.