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March 18, 2014 Agenda
AGENDA CITY OF DENTON CITY COUNCIL March 18, 2014 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, March 18, 2014 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 March 18, 2014. 3. Receive a report from the NCTCOG staff, hold a discussion and give staff direction on the implementation and enforcement of local idling restrictions and some lessons learned in North Central Texas. 4. Receive a report, hold a discussion, and give staff direction regarding the Denton Plan Update. 5. Receive a report, hold a discussion, and give staff direction regarding an ordinance to adopt the 2012 International Energy Conservation Code (IECC) as amended by the City. 6. Receive a report, hold a discussion, and give staff direction on the City's Tax Abatement Policy and Public Improvement District (PID) Guidelines. 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 Attorneys — Under Texas Government Code Section 551.071. 1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the David Hough Survey, Abstract Number 646, located generally in the 3900 block of Quailcreek Road, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding City of Denton City Council Agenda March 18, 2014 Page 2 legal issues associated with the acquisition or condemnation of the real property interests referenced 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. (Mayhill Road Widening and Improvements project) 2. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the O. S. Brewster Survey, Abstract Number 56, located generally in the 1800 block and the 2800 block of South Bonnie Brae Street, City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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. (Bonnie Brae Widening and Improvements project) B. Consultation with Attorneys — Under Texas Government Code, Section 551.071. 1. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with Gas Well Ordinance regulation of 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 of the ordinance. C. Certain Public Power Utilities: Competitive Matters — Under Texas Government Code, Section 551.086; Consultation with Attorneys — Under Texas Government Code, Section 551.071. 1. Receive a presentation from Denton Municipal Electric ( "DME ") staff regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies relating to selecting and acquiring generation resources for the City; discuss and deliberate opportunities and strategies for the City to acquire purchased power and enter into agreements regarding the same in light of the possible resource shortage in ERCOT in order to meet its future energy needs. Discuss, deliberate and provide Staff with direction. 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 City of Denton City Council Agenda March 18, 2014 Page 3 VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SE Q. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071 - 551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS /PRESENTATIONS A. Proclamations /Awards Resolution of Appreciation for Betty Williams 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 — J). 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 — J 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 authorizing an agreement between the City of Denton, Texas and Fred Moore Day Nursery School; authorizing and ratifying the expenditure of funds; and providing for an effective date. ($1450) City of Denton City Council Agenda March 18, 2014 Page 4 B. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager or his designee to execute an investment advisory services contract with First Southwest Asset Management, Inc. (FSAM) for an amount not to exceed $52,000; and providing an effective date. The Audit /Finance Committee recommends approval (2 -0). C. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of one (1) flushing /vacuum truck for the City of Denton Wastewater Collections Department; and providing an effective date (File 5508— awarded to Rush Truck Center in the amount of $157,959). The Public Utilities Board recommends approval (6 -0). D. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of one (1) dump truck for the City of Denton Water Distribution Department; and providing an effective date (File 5509— awarded to Rush Truck Center, Crane in the amount of $133,649). The Public Utilities Board recommends approval (6 -0). E. Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the reroofing of the Lake Lewisville Water Treatment Plant (LLWTP); providing for the expenditure of funds therefor; and providing an effective date (RFP 5362— awarded to CBS Roofing Services in the not -to- exceed amount of $267,659.80. The Public Utilities Board recommends approval (6 -0). F. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for polymer concrete transformer pads for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5232— awarded to Techline, Inc. in the three (3) year not -to- exceed amount of $250,000). G. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 13 ( "Food and Food Service Establishments ") of the City of Denton Code of Ordinances by deleting Articles I, II, III, IV, V and VI in their entirety; adopting the Texas Food Establishment Rules promulgated by the Texas Department of State Health Services and making related deletions and amendments thereto; providing a severability clause; providing a savings clause; providing for a penalty not to exceed $2,000 for violations of this ordinance; and providing for an effective date. H. Consider adoption of an ordinance approving an easement agreement granting such easement to Atmos Energy Corporation, which 0.120 acre easement tract is located in the 1000 block of South Mayhill Road, to encumber land owned by the City of Denton, located in the G. Walker Survey, Abstract No. 1330; and providing an effective date. The Public Utilities Board recommends approval (6 -0). City of Denton City Council Agenda March 18, 2014 Page 5 L Consider approval of a resolution of the City of Denton, Texas establishing a Municipal Green Building Policy for the City of Denton, Texas and declaring an effective date. J. Consider adoption of an ordinance repealing redundant and inconsistent noise provisions from the Denton Development Code, consolidating noise enforcement authority in existing provisions of the Denton Code of Ordinances and existing state law; directing the codifier to cross reference as needed; clarifying enforcement authority; and establishing an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION — CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS A. Consider adoption of an ordinance finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain (i) fee simple to the surface estate, with waiver of surface use to the mineral estate, of a 3.966 acre tract, subject to reservation of right of way for passage of livestock, pedestrian and vehicular travel on, over and across a 0.171 acre tract; (ii) a temporary construction, grading and access easement encumbering a 0.588 acre tract; and (iii) private easement appurtenant rights of ingress and egress encumbering a 0.295 acre tract, all for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 3900 block of Quailcreek road (a private road), each affected tract located in the David Hough Survey, Abstract No. 646, City of Denton, Denton County, Texas, as more particularly described on "Exhibit "A ", attached to the ordinance and made a part thereof, (collectively the "Property Interests ") authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; authorizing the expenditure of funds therefore; making findings; providing a savings clause; and providing an effective date. (Mayhill Road Project — Parcel M 13 9 —Donnelly) 6. ITEMS FOR INDIVIDUAL CONSIDERATION 7. PUBLIC HEARINGS 8. CITIZEN REPORTS 9. 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: City of Denton City Council Agenda March 18, 2014 Page 6 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 2014 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349 -8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1- 800- RELAY- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. Work Session 3 AGENDA INFORMATION SHEET AGENDA DATE: March 18, 2014 DEPARTMENT: Environmental Services and Sustainability ACM: Howard Martin, 349 -8232 *1--- SUBJECT Receive a report from the NCTCOG staff, hold a discussion and give staff direction on the implementation and enforcement of local idling restrictions and some lessons learned in North Central Texas. BACKGROUND In response to requests for additional information regarding local idling restrictions, staff requested a presentation from North Central Texas Council of Governments ( NCTCOG). Ms. Amanda Brimmer will present current information about adoption of restrictions, enforcement and lessons learned. OPTIONS Not applicable RECOMMENDATION Not applicable PRIOR ACTION /REVIEW (Council, Boards, Commissions) Not applicable FISCAL INFORMATION Not applicable BID INFORMATION Not applicable Respectfully prepared and submitted by, 4 4 Kenneth Banks. Director, Environmental Services and Utility Budgets Prepared by, Katherine Barnett Sustainability and Special Projects Administrator Work Session 4 AGENDA INFORMATION SHEET AGENDA DATE: March 18, 2014 DIVISION: Planning and Development ACM: John Cabrales, Jr. SUBJECT Receive a report, hold a discussion, and give staff direction regarding the Denton Plan Update. BACKGROUND The Denton Plan Update is in Phase 4 of a five -phase process. Phase 4 is drafting the Denton Plan Update document, which includes identification of integrated policies, goals, and strategies, plus an implementation plan that prioritizes short, medium, and long -term actions. Refer to Exhibit 1 for a list of key process points. The Update began in August 2012 with a Kick -off Open House. At the Open House, approximately 160 citizens participated to formally kick off the process to update the Denton Plan. While the primary purpose was to raise public awareness of the importance of the Update and the various opportunities for citizens to participate and provide input, participants were encouraged to express their "likes" and "dislikes" about Denton on post -it notes attached to display boards. The input received at the Open House set the framework for the upcoming Community Forums. After the Kickoff Open House, the City hosted several Community Forums. The first of three forums, Community Forum (CF I) was held in November 2012 and later again in February 2013. To ensure maximum participation during each month, staff held a series of meetings. In addition to the citywide CF series of meetings, staff also hosted a series of meetings with UNT and with TWU. Over 200 citizens participated in CF 1. CF 1 consisted of facilitated small group discussions. The principal activity at CF was to engage small groups of citizens to express their opinions about Denton in the present and the future through four specific topics: Denton at Present • Strengths: What present characteristics of Denton do we value? What are the qualities that we should retain as the community continues to grow and change? • Weaknesses: What present conditions of our community do we characterize as problems or shortcomings requiring resolution? What deficiencies should we address and change? Denton in the Future Threats / Challenges: What conditions or trends do we see as potentially threatening to our community that we should prepare for or prevent? Agenda Information Sheet March 18, 2014 Page 2 • Opportunities: What could we do now that will make our community even better in the future? Participants were divided into small groups with facilitators, and the groups spent 15 to 20 minutes expressing ideas within their groups on each of the four topics and listed their responses on flip charts. Then, they were asked to group similar ideas together and to vote individually for their most important ideas, essentially the group's "top three" ideas for each topic. The number of votes for each idea was recorded on the same flip charts. The hundreds of ideas expressed at CFI were very diverse, but the ideas that tended to receive the largest number of "top three" votes revealed broad consensus on key issues, aspirations, and concerns. Using the input provided by the community at CFI, the City began updating Denton's Community Vision Statement. The CFI meetings concluded in April 2013. It was around this time that the Citizens Advisory Committee (CAC) and the Denton Plan Ambassadors (DPA) program were launched. The CAC is made up of 32 members, appointed by the City Council, to actively participate in the activities and events of the Denton Plan Update process. The primary responsibility of the CAC is to review prepared technical reports and documents and to provide feedback on the goals, recommendations, and strategies that will be developed throughout the Update process. On April 11, 2013, the CAC had their first meeting. Since their first meeting, the CAC has been involved in the review of key components of the Denton Plan Update process. The CAC has reviewed and provided feedback on the draft Community Vision Statement, the Growth Trend Scenario and the Alternative Growth Scenarios, and the draft Preferred Growth Concept. Their guidance and involvement is vital as we enter Phase 4, drafting of the Denton Plan Update document. The DPA has also been meeting every other month since April 2013. There are currently 40 Denton Plan Ambassadors. The role of DPA is to discuss the current status of the Update, bring feedback to the group and staff for discussion, and take information to the community to keep them engaged and informed. Staff communicates regularly with the DPA regarding where the project is in the Update process and what the community should know about upcoming Denton Plan 2030 events so that DPA can assist with public outreach efforts. So far, they have provided valuable and useful feedback on several topics, such as existing and potential urban centers in Denton, the Denton brand, and ideas on what Denton's character is, through group exercises and a Special User Group on EngageDenton.com. They have assisted staff in getting word out about upcoming events and participated in the first two Community Forums. In addition, the DPA has reviewed and provided feedback on documents such as the draft Community Vision Statement and the draft Preferred Growth Concept. The Community Vision Statement is an expression of the community's collective values and aspirations and a description of what the community wants to become in the future. It answers the question "where do we want to be in 20307 Ultimately, it is the destination and roadmap for the Plan. In addition to the input received from the community during CFI the following community outreach activities were conducted to solicit input to help draft the Community Vision Statement. Agenda Information Sheet March 18, 2014 Page 3 • Kickoff Open House • Stakeholder Interviews • DentonPlan2030.com • Informational Community Meetings • Mobile Meetings • EngageDenton.com • Social Media (Facebook and Twitter) • Telephone Survey (300 participants) • Online Survey (175 participants) Between April and July 2013, the draft Community Vision Statement was drafted and was further refined using input from the CAC, DPA, the Technical Advisory Committee (TAC), the City Council, Planning and Zoning Commission, and other Boards and Commissions. Refer to Exhibit 2 for the latest draft of the Community Vision Statement. The draft Community Vision Statement is also available online at DentonPlan2030.com for the community to review. This is a website dedicated to keep the citizens informed on the Update process. Immediately after the draft Community Vision Statement was vetted through, it was presented to the community at Community Forum 2 (CF2). Similar to CFI, the City hosted a series of meetings for CF2 in Fall 2013. To ensure maximum participation, staff held a series of meetings between October and November, which included two citywide meetings and meetings at UNT and TWU. At CF2 over 100 citizens participated. CF2 gave the community an opportunity to review the draft Community Vision Statement and also to vote on their preferred form of growth for the future of Denton and the priorities and character that they felt were important for growth in an open house format. Each of the meetings was presented in a similar format in order to solicit input that can be compared equally. Participants visited each of five stations presenting important information, dedicated to an important decision. The following is a brief description of the five stations: Station l: Welcome - At this station the community was provided an overview of the Community Forum 2 open house, Community Forum 1, and a summary of the Draft Community Vision Statement. Community participants were given their own copy of the complete draft Community Vision Statement for review. The top five strengths, opportunities, weaknesses, and challenges from Community Forum 1 were listed at the station to provide context. Station 2: Understanding Scenarios - This station gave an introduction to the Growth Trend Scenario (i.e. "business as usual ") and the Alternative Growth Scenarios with illustrations of different densities and descriptions of development types. This information was intended to provide a frame of reference to evaluate the next stations. Station 3: Understanding the Fiscal Picture - This station illustrated the financial structure of the City of Denton and several aspects of the City's budget. Data regarding the City's financials was used to calculate the fiscal impact findings (i.e. cost to the city) for each Growth Scenario. Agenda Information Sheet March 18, 2014 Page 4 Station 4: Comparing Alternative Scenarios - At this station the community was provided the opportunity for community participants to vote on their preferred growth pattern for Denton. The Growth Trend Scenario and three Alternative Growth Scenarios were presented with explanatory text and a table of indicators. Refer to Exhibit 3 through 6. Indicators included initial findings on environmental and fiscal impact that helped inform participants' decisions in voting for their Preferred Scenario. The station concluded with a summary table of findings and an evaluation of each against the Community Vision Statement. Community participants were asked to vote for their first and second choice Growth Scenario for their future Denton. Station 5: Community Character Considerations - This station explored four Community Character Considerations, which are elements impacting the urban environment that go beyond density and land use and may be implemented in any Growth Scenario. The four Considerations were developed from community desires described in the Community Vision Statement. Community participants were asked to vote for their first and second choice Community Character Consideration for their future Denton. The results from the input and feedback received at CF2 is summarized and presented online at DentonPlan203O.com. The input and feedback from CFI, the draft Community Vision Statement, the development of Alternative Scenarios, and the results of Community Forum 2 all contribute to the drafting of the Preferred Growth Concept. The Preferred Growth Concept is a conceptual vision for the form, character, and general location of development in the city that reflects the input and expressed preferences of the community. The results from CF2 helped inform the Preferred Growth Concept, the future development pattern of the City of Denton over the next 15 to 20 years. Refer to Exhibit 3 for a depiction of the draft Preferred Growth Concept. Participants at CF2 were strongly in support of a Compact Growth pattern for the City and for the clustering of development around key areas (i.e. Centers or Corridors). This general location of new development and areas for intensification will be the basis for the update of the Future Land Use Map that will be included in the Denton Plan Update document. A Compact Growth pattern was further supported by the prioritization of mixed -use development, linking the community through walkable pedestrian networks, the potential for jobs located closer to home, reducing commuting times, and creating balanced, mixed -use neighborhoods. Finally, the community confirmed that maintaining and increasing "Placemaking and Urban Vitality" is an essential attribute of their future Denton. This reinforces the need for maintaining a strong Downtown core and sense of place in existing character areas of Denton. Allowing new development to be complementary to those areas, as well as providing areas of new development that can be centers of community in the future. The desire for a Compact Growth pattern was further reinforced by the community's voting for multi -modal transportation options, which are more easily accommodated through compact development, as well as protecting environmental resources through the inclusion of green infrastructure elements and conservation areas. These elements will be included through policy in the Denton Plan Update document, as they affect much more than just new growth. Through the placement of land uses, the draft Preferred Growth Concept encourages a shift towards more Agenda Information Sheet March 18, 2014 Page 5 mixed -use development, bringing together compatible residential, commercial, office, institutional, or other uses within a walkable scale. On January 29, 2014, staff presented to City Council the draft Community Vision Statement and the draft Preferred Growth Concept. At the meeting City Council provided comments on the Vision Statement and the Growth Concept and directed staff to move forward with the Update as presented. Utilizing the input and feedback from the community, the draft Community Vision Statement, and the draft Preferred Growth Concept, staff and the consultant team have started drafting the Denton Plan Update document. Staff is currently updating the Future Land Use Map and the Future Land Use designations. Staff's objective is to improve the understanding and further the implementation of the Denton Plan. The updated Future Land Use Map and Future Land Use designations will reflect existing conditions and expressed community preferences. Refer to Exhibit 4 for a list and description of the City's existing Future Land Use designations. Refer to Exhibit 5 for a list and description of proposed Future Land Use designations. In addition to updating the Future Land Use Map and Future Land Use designations, staff and the consultant team have prepared a draft outline for the Denton Plan Update document. The draft outline contains ten Elements, one of which is an Implementation and Monitoring Element. Refer to Exhibit 6 for the draft outline. After drafting the Denton Plan Update document, staff will host Community Forum 3 (CF3). This is the third and final forum. At CF3, staff will seek input and feedback on the draft Denton Plan Update document from the community. C173 is tentatively scheduled in late Summer 2014. Following CF3, staff will immediately begin the public hearing process with the Planning and Zoning Commission and City Council. The projected adoption date of the Denton Plan Update document is tentatively scheduled for Fall 2014. PRIOR ACTION/REVIEW 1. April 12, 2011 — City Council Work Session 2. August 7, 2012 — City Council Work Session 3. August 8, 2012 — Planning and Zoning Commission Work Session 4. October 12, 2012 — Community on Citizen Engagement 5. December 11, 2012 — City Council Work Session 6. January 15, 2013 — Community on Citizen Engagement 7. January 23, 2013 — Planning and Zoning Commission Work Session 8. March 5, 2013 — City Council Work Session 9. October 9, 2013 — Planning and Zoning Commission Work Session 10. January 29, 2014 — City Council Meeting OPTIONS 1. Direct staff to proceed with the Denton Plan Update as presented. 2. Direct staff to proceed with the Denton Plan Update with changes. Agenda Information Sheet March 18, 2014 Page 6 EXHIBITS 1. Key Process Points 2. Draft Community Vision Statement 3. Draft Preferred Growth Concept 4. Existing Future Land Use Designations 5. Proposed Future Land Use Designations 6. Draft Denton Plan 2030 Update Outline Prepared by: Ron Menguita, AICP DRC Administrator Respectfully submitted: f Brian Lockley, AICP, CPM Planning and Development Director Exhibit 1 Key Process Points s�tiy s y c�rli {I�'ftisytst ty uee9s gs9. .. . .. . Ll �,�fi4� raft / D _ ent P n /fi�ssu�€it�"k � 0 The Kickoff Open House introduced the Denton Plan update process to the community and served as a venue for the community to get acquainted with the project team.. Informational Meetings were held to discuss the comprehensive plan update and existing conditions with City staff, and gathered preliminary feedback for the Community Vision Statement. During the Meetings, data and feedback were gathered to begin the update process. Stakeholder Engagement provided a time to discuss the comprehensive plan update and gather feedback from community stakeholders. This was accomplished through stakeholder interviews, Mobile Meetings, Informational Community Meetings, public outreach, and more. Community Forum 1 (Issues and Trends) defined areas of consensus on the important issues facing the City of Denton and on community members'values and aspirations for the future. Community Forum 1 sought ideas on Denton's strengths, weaknesses, opportunities, and challenges. The Community Survey provided statistically valid input from a cross - section of the community to supplement the "self-selected" approach of the first Community Forum and other means of input. During the strategic directions stage, analysis and input will be synthesized into a 4olong -term community vision statement, Goals, and Policy Framework that set the direction for preparation of the full comprehensive plan update. The consultant will draft a Community Vision Statement that articulates community members'goals and aspirations for the future of Denton. The consultant will develop three Alternative Growth Scenarios based on current trends, public input, and the Community Vision Statement. Each scenario will be reviewed and analyzed to examine future growth and land use options, while simultaneously estimating the financial impacts. Community Forum 2 (Vision and Policy Framework) will solicit community member input and build consensus on the Community Vision Statement, Community Character Considerations, and Alternative Growth Scenarios. Consultant will utilize the results of the building consensus exercises from Community Forum 2 to create the Preferred Growth Concept that reflects the desired future pattern of growth and development in Denton. Consultant and staff will develop a complete Comprehensive Plan Document Draft, including identification of integrated strategies, plus an implementation strategy that prioritizes short -, mid -, and long -term actions and establishes a monitoring program with indicators and benchmarks to measure plan performance. Community Forum 3 (Draft Plan Review) will receive citizen input and feedback on Upcoming the draft comprehensive plan. Consultant and staff will revise the comprehensive plan document to reflect the results of the draft plan review process. Upcoming The final draft of the comprehensive plan will be scheduled for Public Hearings and Adoption through the Planning and Zoning Commission and City Council. Once the Final Plan Adoption occurs, it will be available in electronic and hard copy Upcoming formats, and the Implementation Strategy will commence. Published a9 /1 3 ADA /EOE /ADEA �n. TDD: 1800) 735 -2989 Exhibit 2 Draft Community Vision Statement Building on the foundation of the 1999 Denton Plan, our Vision of Denton in the year 2030 is one in which we are recognized as a vibrant community of choice. Denton is characterized by its two prosperous state universities, its friendly, small -town character, coupled with its big -city dynamism, its commitment to sustainability, and its culture of innovation, creativity, and authenticity. Our exceptional livability, the diversity of choices available to our people in employment, lifestyle, and neighborhood settings; and our North Texas values and culture define what Denton is and what we have to offer. We have realized our vision by respecting and building on our heritage, leveraging our assets, and making wise choices in guiding sound growth and investment, while balancing priorities for our four Strategic Directions: • The Character of Denton • Our People, Institutions, and Government • The Strength of Our Economy • Sound Growth: Our Form and Function The Character of Denton • Denton is authentic. Our small -town charm and, North Texas heritage are proudly embraced along with positive change, smart and balanced growth, and high - quality development. • Denton is consciously green. We are a leader in our commitment to sustainability and we have a significant tree canopy, a network of parks and greenways, stream corridors, and urban forests. • Denton is safe and livable, a hospitable community of friends and neighbors. • Denton is fertile territory for creativity and innovation in our vibrant music and arts scene, technology, business, and education. Our People, Institutions, and Government • We retain our sense of community and shared values, while welcoming new arrivals and celebrating growing diversity. • We are committed to fairness and equitable access to opportunity in education, community services, jobs, and government representation. • All generations, of both natives and newcomers, are deeply rooted in the community and are actively engaged in its betterment through volunteer participation with faith - based, civic, and /or neighborhood organizations and service on local government boards and commissions. • We cherish our artists and musicians and celebrate our community in local events and festivals that reflect the uniqueness of the community. • The City of Denton is a healthy, family - friendly community which sees its youth as its most valuable resource; a resource worthy of investment in education, healthful recreation, and opportunities for challenging and rewarding employment and engagement in civic affairs. • The City of Denton's institutions of higher learning, UNT and TWU, are partners with government, civic organizations, and local employers in initiatives to foster creativity in the arts, innovation, a strong economy, life -long learning, and the retention of the best and brightest. • The City of Denton government is customer - friendly and prides itself on its transparency and open communication, utilizing modern technology, its efficient provision of public services and facilities, and through its leadership in seeking to realize the Vision of Denton's future. • The City of Denton has integrated, reconciled, and streamlined its plans, process, policies, and regulations for consistency, clarity, and effectiveness. The Strength of Our Economy • We leverage our strategic location, universities, and medical institutions, as a national leader in technological and knowledge -based innovation, allowing us to attract and retain a highly educated and motivated workforce. • We leverage our strategic location and multi -modal accessibility in the Metroplex and capitalize on key assets such as the Denton Enterprise Airport. • We value and support our major manufacturing employers and other responsible corporate citizens to ensure their stability, encourage their commitment to Denton, facilitate their expansion, and leverage their presence by accommodating their suppliers, supporting businesses, and workers. • We support and encourage our entrepreneurs and small businesses with a business - friendly attitude and efficient regulations and permitting. • We market our Denton "brand," our unique, creative atmosphere and small town quality of life, which attracts a highly educated and motivated workforce and gives Denton a competitive advantage in attracting new investment, entities, and well - paying jobs. • We attract corporations and businesses which have a strong sense of corporate responsibility to the environment, the community, and their governance and who take active roles as being excellent corporate citizens. Sound Growth: Strengthening Our Form and Function Throughout Denton we see... • Managed, balanced, and sustainable growth in high - quality, livable urban, suburban, and rural places which offer diverse choices among neighborhood settings while respecting private property rights. • A compact development pattern which includes expanded areas of mixed use, a broad array of housing and retail choices responding to changing demographics and market preferences, and re- investment and infill in underutilized areas of the city. • An efficient transportation system with a safe and well- connected road network which accommodates a wide array of mobility options, including local and commuter rail transit, as well as accommodations for pedestrians and cyclists. • Special attention paid to our major travel corridors (ex. 1 -35, US 380, and Loop 288), both aesthetically and functionally, representing Denton's character, brand, and excellence. • Infrastructure systems which have undergone well - planned, staged expansion to serve and guide the city's growth. • Parks, greenways, stream corridors, tree canopy, and other natural resources integrating into the fabric of the community and contributing to healthy lifestyles. • Environmental stewardship through water conservation, positive contributions to regional air quality, sustainable development practices, green infrastructure, and renewable energy. In the core of Denton we see... • A vibrant Downtown Denton, energized with new housing, shopping, arts, and entertainment, supporting day and nighttime activity and a true urban lifestyle — Denton style. • Established neighborhoods where revitalization and compatible infill development contributes to stable, livable, and historic character, and fosters neighborhood pride and homeownership. • Thriving universities where coordinated planning and collaborations between the City and the academic communities creates mutually beneficial, stable, and healthy neighborhood edges and where the non - academic community benefits from the vast educational and cultural resources in close proximity. In our rural fringe areas of the city and the Extraterritorial Jurisdiction (ETJ) we see... • Contiguous, staged growth which is fiscally and environmentally sound, reduces fragmentation and sprawl, discourages premature development, and conserves the City's future growing room. • Conservation development which retains rural character, protects open space and greenways, enhances development value, and provides greater choices to land owners. • Potential safety and compatibility impacts presented by hazardous activities, such as gas well drilling and production, mitigated to protect neighboring persons and property. Exhibit 3 DRAFT PREFERRED CONCEPT Denton Plan Update j Preferred Concept Workshop j December 12, 2103 Source City of 3e!,ton Lowest Degree of mixed -use RESIDENTIAL Highest Degree of mixed -use NON- RESIDENTIAL Lowest Degree of mixed -use .a�wm�wr„w '4 �45t €; DekSGty €F'd`�- k F. ° DensGty Wg Y" Dxnsfty F4d&ry w etaR E Fripa€kym F; }4k't €mm Primarily Residential Mixed Use inr„t. ResidentiiL Mixed Use inr„t. ResidentiiL Primarily Commercial !Retail and Primarityjobs Commercial,,RetaiL and jobs) Commercial,,RetaiL and jobs) Office jobs i , ii�,Ity C.:F ,tru,- 3-N<l, tin iFVti td," f a 1 ", d-r . Denton Plan Update j Preferred Concept Workshop j December 12, 2103 Exhibit 4 Existing Future Land Use Designations Residential Land Use Categories Existing Residential infill Compatibility Within established residential areas, new development should respond to existing development with compatible land uses, patterns, and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. Neighborhood Centers Within the undeveloped urban and urbanizing 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 will 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 uses 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. Large -Lot Rural Single- family large -lot residential uses will be regulated. Outside of the urbanizing areas the size of the lots will be based on Denton County requirements. The remaining land within these areas would remain as agricultural uses. Other Residential Residential uses will occur within the downtown university core, community mixed -use centers, regional mixed -use center, and employment centers. Some areas of the downtown university core may not be appropriate for residential uses. Multistory structures may develop uses other than residential such as office, retail, and service uses. Uses may occur in separate structures but follow a pattern of development that focuses on the mixed -use center. Commercial Land Use Categories Regional Mixed -Use Activity Center For a regional activity center, the focus area contains the shopping, services, recreation, employment, and institutional facilities supported by and serving an entire region. A regional activity center could include a regional shopping mall, a number of major employers, restaurant and entertainment facilities, a large high school or community college, and high- density housing. A regional activity center is considerably larger and more diverse in its land uses than any other activity center. It includes vertically integrated uses where different uses may occur on each floor of the building. Community Fixed -Use Activity Center The focus area of a community activity center contains the shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Thus, a community activity center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, high- to moderate density housing, and perhaps an elementary or middle school. It includes vertically integrated uses where different uses may occur on each floor of the building. Neighborhood Fixed -Use Activity Center The focus area of a neighborhood center contains facilities vital to the day -to -day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park, and perhaps and elementary school. These diverse facilities are ideally located in close proximity to one another in the center, so that all the essential neighborhood facilities are in one convenient location, accessible in a single stop or by walking or biking. It includes vertically integrated uses where different uses may occur on each floor of the building. Downtown University Core District Specified commercial areas of the downtown university core district should be places of great vitality, with a mix of educational, residential, retail, office, service, government, cultural, and entertainment development. The health and vitality of the area can contribute in a major way to the city, its local and regional image, and quality of life. It is a place where residents can live, work, learn, and play in the same neighborhood. It includes different uses which may occur on each floor of the building. Industrial Land Use Categories industrial Centers Industrial centers are intended to provide locations for a variety of work processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The industrial centers may also accommodate complementary and supporting uses such as convenience shopping and child -care centers. There will most likely be instances where residential uses will be incompatible with industrial and manufacturing processes used in industrial centers. Adequate public facilities shall be a criterion by which zoning is granted. Employment Centers Employment centers are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment centers are also intended to accommodate secondary uses that complement or support the primary workplace uses, such as hotels, restaurants, convenience shopping, and child -care. Adequate public facilities shall be a criterion by which zoning is granted. Exhibit 5 Proposed Future Land Use Designations Residential Land Use Categories Rural Areas (0.2 du /ac or 1 unit per 5 acres) This category includes farms and ranches as the predominant use along with rural (very low density) residential and rural commercial including feed stores, farm equipment, etc. This land use may allow lots as small as one acre under the gross density provision to allow for conservation development which clusters smaller lots while permanently protecting scenic rural open space. This land use may also include single - family homes on large lots, which is suited for areas on the periphery of the city that complement a more suburban type of development. Residential - -Low Density "Estate" (up to 6 dwelling units per acre) This category includes the city's predominantly single - family neighborhoods, with lot sizes ranging from an acre or more in rural fringe areas to 1/3 acre lots throughout many of the City's suburban subdivisions. Compact developments that include clustered, small lots with substantial retained open space are encouraged. Residential -• Moderate Density "Traditional" (6 -12 dwelling units per acre) This category accommodates single - family detached housing on small lots, typical of Denton's more compact, established single - family neighborhoods and low -rise apartment dwellings and townhomes. This land use is appropriate for areas within the central areas of Denton and transition areas between established single - family neighborhoods and mixed use or commercial areas that can accommodate greater density, or adjacent to corridors. Residential -- High/ Urban Density (Over 12 dwelling units per acre) This category provides for high- density apartment dwellings, life care, and similar housing types. Creating opportunities for this type of housing will become increasingly important to respond to demographic shifts and related changing housing preferences of retirees and young adults and demand for affordable housing. This is ideally suited near major activity and employment centers and in areas suitable for future transit service. Mixed Use Land Use Categories Downtown Denton This designation applies only in and around Downtown Denton and includes moderate and high density residential, commercial, office, entertainment, and other uses except industrial, tailored to encourage a greater level of activity, while protecting the scale and strengthening the character of Downtown and its historic core. Downtown Transition Area This designation applies to residential and commercial areas adjacent to the Downtown core that are affected by their proximity to Downtown. This designation serves to create compatible form and uses for the areas that serve to strengthen both the Downtown and adjacent neighborhoods. Regional fixed -Use This designation is aimed at areas that serve as regional destinations within Denton, and includes moderate and high density residential, commercial, office, entertainment and other uses except industrial, at the highest levels of scale and density within the City and with unique development standards tailored to the walkable urban character and day and nighttime activity of an urban center. Major medical /health care institutions and the areas of influence around them are included in this land use category. This land use is located primarily along 1 -35 interchanges to encourage the greatest regional accessibility. Community Mixed -Use This designation is intended to promote a mix of uses, of which various commercial uses remain predominant, but where residential, service, and other uses are complementary. Where applied to established arterial corridors characterized by "strip" commercial uses, the intent is to encourage infill and redevelopment for a more diverse and attractive mix of uses over time. Examples include residential units over commercial uses or a wider array of economically viable uses to replace obsolete uses such as former car sales lots and vacated big box stores. Such areas also may represent opportunities for the introduction of higher density and mixed housing types, without impacting, nearby single - family neighborhoods. Neighborhood Mixed -Use This designation applies to neighborhoods or districts where the predominant use is residential, but with a mix of compatible housing types and densities along with local- serving, nonresidential retail, service uses. Such use mixes are typically found in in -town neighborhoods that accommodate "corner stores" and other local services. This district is also applied in areas suited to a diverse mix of housing types and densities. Ensuring that buildings are of the appropriate scale and intensity is critical. Business innovation This designation is intended for large tracts of land that are appropriate for well - planned, larger scale office and employment parks with supporting uses such as retail, hotels, and residential. Primary uses include office, research and development, and light manufacturing. The primary uses should be developed in a campus -like or corporate park setting with generous, linked open space to maximize value and to promote visual quality and compatibility with the surrounding area. University Transition Area This land use applies to residential and commercial areas adjacent to University of North Texas (UNT) and Texas Woman's University (TWU) that are affected by their proximity to the university. This district serves to create compatible form and uses for the areas that serve both the university and adjacent neighborhoods. Non - Residential Land Use Categories Commercial This designation applies to concentrations of commercial uses, including regional, community, and neighborhood shopping centers and "big box" retail and conventional highway "strip" commercial development. Such properties may not be expected to undergo redevelopment or a change in use over the plan horizon, and the immediate areas in which they are located may not be suitable for the introduction of mixed uses. While some new commercial centers are anticipated, in general new retail and commercial service uses are encouraged within more diversified mixed -use centers rather than as stand -alone shopping centers or expanding highway commercial "strips." Government institutional This designation applies to government owned land, university and college campuses, and similar large - scale institutional activity centers. industrial Commerce This designation applies to areas where the predominant use include both light and heavy industrial uses, such as manufacturing, assembly, and fabrication; wholesaling and distribution; and corporate office and technology parks, which may be introduced to replace underutilized, heavy industrial uses. Parks and Open Space This designation applies to existing large scale parks and protected open spaces of citywide significance which are expected to remain as open space in perpetuity. Potential future large -scale park acquisitions, as well as smaller neighborhood parks and recreational uses, are shown on the Parks, Open Space, and Natural Resources map. Exhibit 6 Draft Denton Plan Update Outline i"A, :'t," Front Matter i. Letters from the Mayor and City Manager ii. Acknowledgements iii. TOC iv. List of Figures V. Executive Summary 1.0 Plan Framework 1.1 Purpose of the Comprehensive Plan: Setting a Course for the Future 1.2 Denton: Past and Present 1.3 Plan Development Process Phase 1 • Informational/Mobile Meetings • Denton Pla n203O.com • Engage Denton and Social Media • Citizens Advisory Committee • Technical Advisory Committee • Denton Plan Ambassadors • Kick off Open House Phase 2 • Stakeholder Interviews • Community Forum 1: Issues and Aspirations • Community Surveys • Growth Trend Scenario Phase 3 • Development of the Community Vision Statement • Alternative Growth Scenarios • Community Forum 2: Selecting your Future! • Preferred Growth Concept • Fiscal Impact Analysis Phase 4 • Community Forum 3: Reviewing the Comprehensive Plan Phase 5 • Planning and Zoning Commission and City Council • Public Hearings and Adoption 1.4 Plan Organization • Elements • Themes 2.0 Land Use 2.1 Overview • Land Use in the Vision Statement 2.2 Existing Land Use • Existing Land Use Table 2.3 Land Use Goals, Policies, and Actions 2.5.1 Grow Compactly 2.5.2 Grow with Purpose 2.5.3 Grow our Assets 2.5.4 Grow Resourcefully 2.5.5 Grow with Character 2.5.6 Grow with Balance 2.4 Future Land Use Map and Land Use Designations • Residential • Rural Areas • Low Density Estate • Moderate Density Traditional • High/ Urban Density • Mixed -Use/ Centers • Downtown Denton • Downtown Transition Area • Regional Mixed Use • Community Mixed Use • Neighborhood Mixed Use • Business Innovation • University Transition Area • Non - Residential • Commercial • Government/ Institutional • Industrial Commerce • Parks and Open Space 3.0 Fiscal and Economic Vitality 3.1 Overview • Economic Development in the Vision Statement • Discussion of Themes 3.2 Goals and Policies • Economic Diversification • Business attraction • Student Retention • Jobs/ Housing Balance • Fiscal Sustainability 4.0 Community Character 4.1 Overview • Community Character in the Vision Statement 4.2 Placemaking and Urban Vitality • Existing Character Areas in Denton • Public Art • Arts and Culture 4.3 Urban Design and Character • Overview • General Urban Design Principles • Specific Design Guidelines • Residential • Mixed -Use • Non - Residential • Centers • Corridors • Gateways 4.4 Historic Resources • Preservation of Historic Resources • Financial Incentives • Heritage Tourism 5.0 Conservation and Environment 5.1 Overview • Conservation and Environment in the Vision Statement 5.2 Parks and Recreation • Goals and Policies 5.3 Open Space, Natural Resources, and Conservation • Goals and Policies 6.0 Mobility 6.1 Overview • Mobility in the Vision Statement • Discussion of Themes • Sustainability/ Air Quality Goals • Public Health Goals 6.2 Vehicular Circulation • Goals and Policies • Travel Demand Management • Parking Standards • Car Sharing 6.3 Bicycle Circulation • Goals and Policies 6.4 Pedestrian Circulation • Goals and Policies 6.5 Transit Circulation • Goals and Policies 7.0 Housing and Neighborhoods 7.1 Overview • Housing and Neighborhoods in the Vision Statement 7.2 Housing and Neighborhoods — Existing Conditions • Goals and Policies • Housing Diversity • Affordable Housing • Neighborhood conservation 7.3 Schools and Community Services • Goals and Policies 8.0 Community Health, Safety, and Services 8.1 Overview • Community Health, Safety and Services in the Vision Statement 8.2 Planning For Healthy Communities • Goals and Policies 8.3 Hazard Mitigation • Goals and Policies • Gas Wells • Disaster Preparedness 8.4 Emergency Services • Police and Fire 8.5 Social Services and Programs • Goals and Policies • Youth • Seniors • Volunteer Opportunities • Homeless • Environmental Justice 9.0 Facilities and Governance 9.1 Overview • Facilities and Governance in the Vision Statement • Green Infrastructure 9.2 Energy • Goals and Policies 9.3 Water • Goals and Policies 9.4 Wastewater • Goals and Policies 9.5 Stormwater • Goals and Policies 9.6 Solid Waste • Goals and Policies 9.7 Facilities • Goals and Policies 10.0 Implementation and Monitoring 10.1 Overview 10.2 Principles for Application and Compliance • Legal Authority • Principles 10.3 Adoption, Amendments, Monitoring and Update • Adoption • Amendments • Monitoring and Updating • Action Plan Glossary Work Session 5 AGENDA INFORMATION SHEET AGENDA DATE: March 18, 2014 DEPARTMENT: Planning and Development ACM: John Cabrales, Jr.j SUBJECT Receive a report, hold a discussion, and give staff direction regarding an ordinance to adopt the 2012 International Energy Conservation Code (IECC) as amended by the City. BACKGROUND On May 4, 2010, the City adopted the 2009 International Energy Conservation Code (IECC) as amended by the City. On September 11, 2010 the City adopted some additional amendments to the 2009 International Energy Conservation Code. The 2012 IECC was published by the International Code Council in the last few months of 2011. After this publication the Energy and Green Advisory Board of the North Central Texas Council of Governments ( NCTCOG) began their review of this new Energy Code. Upon reviewing the 2012 version of the IECC, and seeing some significant changes from the 2009 IECC to the 2012, the Energy Advisory Board voted to amend some specific sections of the code to less restrictive code requirements; however, because the State preempts the NCTCOG, these less restrictive code amendments will become invalid when the State Energy Conservation Office (SECO) adopts the 2012 IECC for the State of Texas. Currently, SECO has not moved toward adoption of the 2012 Energy Code. The Energy Advisory Board and the NCTCOG published their recommend regional amendments in January 2013. After receiving the NCTCOG amendments, the Building Inspections Division has reviewed the NCTCOG amendments and has incorporated changes to these amendments in the recommended Building Inspections Division amendments. Some of the more significant amendments Staff is recommending are as follows: • Verify building leakage rate of 5 ACH or less in one and two - family dwellings — the 2012 IECC is more restrictive at a leakage rate of 3 ACH or less • Minimum wall insulation of R -13 in residential construction in one and two - family dwellings — the 2012 IECC is more restrictive with a minimum of R -13 plus an R -5 exterior insulation • Batt insulation shall be supported on a116 sides, be completely enclosed • Raters and Energy Compliance verifiers shall have acceptable certifications • Third party raters shall use the Denton report forms Agenda Information Sheet March 18, 2014 Page 2 of 3 • Third party raters shall be required to verify code compliance in all commercial projects that include energy inspections • Which energy compliance software simulation tools will be accepted Staff is also recommending that since the 2012 IECC is significantly more restrictive than the 2009 IECC, that the City not adopt the traditional requirement for one and two - family dwelling to surpass the Energy Code by at least 10 %; but with the adoption of the 2012 Energy Code with staff recommended amendments, for a one and two - family dwelling the City require a 4% above code requirement. According to staff's research, the amended 2012 IECC surpasses the 2009 IECC by approximately 9 %, which means that it is 1% less than our current requirement (2009 code plus 10 %); however, if the City requires a passing rate of 4% above code, then homebuilder applicants will still be required to beat the code but also avoiding expensive upgrades required to reach at 10% above code requirement. In conclusion, Staff is recommending the adoption of the 2012 IECC as amended by the Building Inspections Division. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 3, 2014, staff made a presentation to the Committee on the Environment recommending the adoption of the 2012 IECC with staff recommended amendments. During this presentation the Committee on the Environment was concerned that the adoption of the 2012 IECC, without the traditional 10% above code amendment, would in fact be less stringent than the current 2009 IECC with the 10% above code requirement. Therefore, staff was given direction to research this concern and return with more information and make a second presentation to the Committee on the Environment. On March 3, 2014, staff made a second presentation to the Committee on the Environment recommending the adoption of the 2012 IECC with staff recommended amendments. One amendment worth noting is the requirement for new one and two - family dwellings to surpass the amended 2012 IECC by 4 %. The Committee on the Environment is recommending passage by the Council. FISCAL IMPACT Staff does not anticipate any fiscal impact as a result of adopting this code. OPTIONS 1. Request more information about the 2012 IECC 2. Adoption of this ordinance as amended by the Building Inspections Division 3. Direct staff to make further amendments to the 2012 IECC 4. Postpone consideration 5. Table item for future consideration Agenda Information Sheet March 18, 2014 Page 3 of 3 RECOMMENDATION Staff recommends that the City Council endorse Staff's recommendation to adopt the 2012 IECC as amended by the Building Inspections Division. EXHIBIT 1. 2012 IECC Council Work Session PowerPoint presentation 2. The proposed 2012 IECC adoption ordinance as amended by the Building Inspections Division Respectfully prepared and submitted by, Z�� 7vaWAL"' Kurt Hansen Building Official City of Denton Exhibit I 2012 IECC Council Work Session PowerPoint Presentation 2012 International Energy Conservation Code Energy Code Adoption History • 2000 1 ECC • 2003 I ECC + 10% • 2006 I ECC + 10% • 2009 I ECC + 10% November 2001 February 2006 February 2009 May 2010 3/14/2014 1 Energy Code Comparison Window U- Factor Energy Code Comparison ��? �;�ti 0.35 Window U- Factor ; 0.65 0.50 0.35 Window SHGC 0.40 0.30 0.25 0.30 Attic Insulation R -30 R -30 R -38 Attic Insulation Wall Insulation R -13 R -13 R -20 or R -13 +5 j# ! , t; Floor Insulation R -19 '; R -19 'f R -19 R -13 House Tightness < 7 ACH 3 ACH R-20 or R-13+5 Duct Tightness - 8 GFM /100iSF 4 CFM/100 SF R -19 High- Efficacy Bulbs 50% 75% House Tightness Mechanical Ventilation - i 60 CFM Code Cost Increase Baseline $1,514 $2,528 Net Annual Savings Baseline $164 $449 b,, ! { ,tr ,:iit •f:' -,tot Jf {('' "t �'� F � f(!7 !{ �� 44 � -t h ih }Ili {,£JW�( !'ul "Yk }} �k�$ {x`5+4 �i{tY r�,. Y��FeY�lxv�r � (T I i I #• k t `>rY � { Y E I} ( �tl fi�ttY4�!( +i S�" said t2r�{S {r t 3 b�; +x {tif} ti� .� �17it — �li @It! Y!(fi fi!'+ {�t7++k. ��it �UJ���r �li�G 7�4 +1i,i�`��J�{t*•it R�'6tf %Xrh,$j,k?,�SJ UA`k�A4t�,,r�Y�',�i�Y�',�i�Y�'f {71 {Jt llit iltfA £i §i�, {'S ti4�l ft�' xi�ft�' xi�ft� 'xi�ft�'xi�ft�'xi�ft�'d'�� ptk,��tiNF., � u;�j�fi�4iE f�� {I��r�x'it�"{ifk9�a""i;tiYtit� �t �" :_7dy Fit J {, �4`�FrP'�4`t rF1��4tFftr�l € �4�z {Ft�4 it':`Ei�4d;-..- Energy Code Comparison Window U- Factor 0.65 0.50 ��? �;�ti 0.35 ,r ,;� Window SHGC 0.40 0.30 0.25 Attic Insulation R-30 R-30 j# ! , t; R -38 Wall Insulation R -13 R -13 ,.' ` 7,,?`;t �, R-20 or R-13+5 Floor Insulation R -19 R -19 ,� „'' R -19 House Tightness < 7 ACH 3 ACH Duct Tightness 8 CFM /100 SF '',4 %0 , F', 4 CFM /100 SF High - Efficacy Bulbs 50% I,i°ottt `I 75% Mechanical Ventilation - 60 CFM 3/14/2014 3/14/2014 Code Compliance Comparisons with 2009 IECC 2012 COG IECC 9% -1% Code Compliance Comparisons with 2009 IECC Code Compliance Comparisons with 2009 IECC 1��Mffm� 2012 COG IECC 9% -1% 2012 IECC 12% +2% 2012 COG IECC with 13% +3% Denton Amendments Staff Recommendation: Adopt the 2012 IECC with Amendments + 4% .,� t_(kz r, .w,z tr fjx l,,zG',`rj;�( 11F,{rrl)1 S'!�'ir it { ), it r.`i�z' i((7� z').; r, %• 3 {firzr Sri z''..� xrs' 2 ��r �,tr � rs+r F`r'rtfi i7,�� a�7��£Ar""tYS { hz ��t t�f„Zr�tix'. 2012 IECC Amendments • Verify building leakage rate of 5 ACH or less in one and two - family dwellings • Minimum wall insulation of R -13 in residential construction in one and two - family dwellings • Batt insulation shall be supported on all 6 sides • Raters and Energy Compliance verifiers shall have acceptable certifications • Third party raters shall use the Denton report forms • Third party raters shall be required to verify code compliance in all commercial projects that include energy inspections • Which energy compliance software simulation tools will be accepted 3/14/2014 a] 2012 IECC Adoption Schedule • March 3, 2014 - Committee on the Environment • March 18, 2014 - City Council Work Session • March 20, 2014 - Health and Building Standards Committee • April 1, 2014 - City Council Consent Agenda Discussion & Questions 3/14/2014 5 sA1ega1\0ur documents \ordinances \14 \energy code ordinance 2014 (2 ).doc Exhibit 2 Proposed 2012 IECC adoption ordinance as amended by the Building Inspections Division ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 28, SPECIFICALLY SECTIONS 28 -253 AND 28 -254, OF THE CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF THE 2012 INTERNATIONAL ENERGY CONSERVATION CODE, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; PROVIDING FOR AMENDMENTS THERETO; PROVIDING A PENALTY FOR VIOLATION OF A FINE NOT TO EXCEED $2,000.00; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON TEXAS HEREBY ORDAINS: SECTION 1. Chapter 28, Section 28 -253 of the Code or Ordinances of the City of Denton is hereby amended in its entirety to read as follows: Sec. 28 -253. Adoption of the energy conservation code. The International Energy Conservation Code, 2012 edition as published by the International Code Council is hereby adopted and designated as the energy conservation code for the city subject to the deletions and amendments enumerated in section 28 -254. A copy of this code shall be maintained in the Office of the City Secretary and be available for public inspection. SECTION 2. Section 28 -254 is hereby amended in its entirety to read as follows: Section 28 -254. Amendments to the 2012 International Energy Conservation Code (1) Section C1021R102; add Section C102.1.2 and R102.1.2 to read as follows: C102.1.2/11102.1.2 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Enviromnental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. (2) Section C202 and 8202; add the following definition: GLAZING AREA. Total area of the glazed fenestration measured using the rough opening and including sash, curbing or other framing elements that enclose conditioned space. Glazing area includes the area of glazed fenestration assemblies in walls bounding conditioned basements. For doors where the daylight opening area is less that 50 percent of the door area, the glazing area is the daylight opening area. For all other doors, the glazing area is the rough opening area for the door including the door and the frame. (3) Section 401.2; change to read as follows: R401.2 Compliance. Projects shall comply with Sections identified as "mandatory" and with either sections identified as "prescriptive" or surpass the performance approach in Section R405 by a minimum of 4 %. (4) Table R402.1.1 INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT; Amend by changing the WOOD FRAME WALL R -VAL UE for CLIMATE ZONE 3 to read as follows: 13 (S) Table R402.1.3 EQUIVALENT U FACTORS; Amend by changing the WOOD FRAME WALL U- FACTOR for CLIMATE ZONE 3 to read as follows: 0.082 (6) R402.4.1.2 Testing; Add a last paragraph to read as follows: Testing may only be performed by individuals that are certified HERS Raters or Rating Field Inspectors by RESNET or Performance Verification Technicians certified by Texas HERO, or other certifications as may be approved by the building official. The certified individuals must be an independent third -party entity, and may not be employed; or have any financial interest in the company that constructs the structure. (7) Section R402.4.1.2 Testing; the first sentence of the first paragraph amended to read as follows; the remainder of the paragraph's text remains unchanged: R402.4.1.2 Testing. The building or dwelling unit shall be tested and verified as having an air leakage rate of not exceeding 5 air changes per hour in Climate Zones 3. (8) R403.2.2 Sealing (Mandatory); Add a new paragraph at the end of R403.2.2 to read as follows: Testing may only be performed by individuals that are certified HERS Raters or Rating Field Inspectors by RESNET or Performance Verification Technicians certified by Texas HERO, or other certifications 01 as may be approved by the building official. The certified individuals must be an independent third -party entity, and may not be employed; or have any financial interest in the company that installed the duct system. (9) Section R403.2.2; Amend to read as follows: R403.2.3 Building cavities (Mandatory). Building framing cavities shall not be used as supply ducts. Building framing wall cavities in the exterior thermal envelope shall not be used as return ducts (10) Section C402.2.91R402.2; Add Section C402.2.9 and R402.2.13 to read as follows: Section C402.2.9/11402.2 Insulation installed in walls. To insure that insulation remains in place, insulation batts installed in walls shall be totally secured by an enclosure on all sides consisting of framing lumber, gypsum, sheathing, wood structural panel sheathing, netting or other equivalent material approved by the building official. (11) Section R405.4.2(3); change to read as follows: 3. Name, phone number, and certification number of individual completing the compliance report. The preparer of the compliance report shall have one of the listed certification: ICC (International Code Council) Commercial Energy Inspector, ICC Commercial Energy Plans Examiner, ICC Residential Energy Inspector /Plans Examiner, HERS (Home Energy Rating) rater, or be approved by the Building Official; and (12) Section R405.4.3; add the following to this section: 4. Final testing compliance reports shall be completed on the City of Denton Energy Compliance form. (13) Section R405.6.2; add the following sentence to the end of paragraph: Acceptable performance software simulation tools may include, but are not limited to, REM Ratelm, Energy Gauge and IC3. Other performance software programs accredited by RESNET BESTEST and having the ability to provide a report as outlined in R405.4.2 may also be deemed acceptable performance simulation programs and may be considered by the building official. (14) Section C101.4.3 Additions, alterations, renovations or repairs; add exception #9 to read as follows: 9. Replacement of existing fenestration, provided, however, that the area of the replacement fenestration does not exceed 25% of the total 3 fenestration area of an existing building and that the U- factor and SHGC will be equal to or lower than before the fenestration replacement. (1 S) Section C402.2.9; Add Section C402.2.9 to read as follows: Section C402.2.9 Insulation installed in walls. Insulation batts installed in walls shall be totally surrounded by an enclosure on all sides consisting of framing lumber, gypsum, sheathing, wood structural panel sheathing or other equivalent material approved by the building official. (16) Section C407.4.2; add (6) to read as follows: 6. Compliance reports, all additional documentation, and a final compliance verification report shall be prepared by a qualified third party energy verifier. The third party energy verifier shall include his name, phone number, and certification number on each document provided to the city. The third party energy verifier shall be certified with one of the following certifications: ICC (International Code Council) Commercial Energy Inspector, ICC Commercial Energy Plans Examiner, ICC Residential Energy Inspector /Plans Examiner, or HERS (Home Energy Rating) rater. Secs. 28 -255 - -- 28 -295. Reserved. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. That all provisions of the ordinances of the City of Denton in conflict with the provision of this ordinance are hereby repealed, and all other provisions of the ordinances of the City or Denton, not in conflict with the provision of this ordinance, shall remain in full force and effect. SECTION 5. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed two thousand dollars ($2,000.00). Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offence. SECTION 6. That this ordinance shall become effective May 1, 2014 and the City secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. L, PASSED AND APPROVED this, the day of , 2014 MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:GJ� 5 Work Session 6 AGENDA INFORMATION SHEET AGENDA DATE: March 18, 2014 DEPARTMENT: Economic Development ACM: John Cabrales, Jr. SUBJECT Receive a report, hold a discussion, and give staff direction on the City's Tax Abatement Policy and Public Improvement District (PID) Guidelines. BACKGROUND Tax Abatement Policy The City of Denton first adopted a Tax Abatement Policy in 1989. The City is required to renew /adopt a Tax Abatement Policy every two years in accordance with Chapter 312 of the Texas Tax Code. The current policy is up for renewal in April of 2014. Prior to bringing the policy forward for renewal, the Economic Development Director would like to present information to the Denton City Council regarding additional incentive programs that the City could consider. This presentation will include information about Chapter 380 of the Texas Local Government Code, and the authority this gives Cities to implement a broad range of incentive programs. The Economic Development Partnership (EDP) board's recommendations will also be presented. The City Council will have the opportunity to suggest improvements to the Tax Abatement Policy that are consistent with Chapter 380 and would make Denton's incentive program more competitive and robust. Public Improvement District Guidelines In 2007, the City Council established guidelines for the creation of a public improvement district. These guidelines was created at the request of the developer of Hunter's Ranch, a master - planned residential development that has not been developed at this time. RED Development is currently developing Rayzor Ranch, a large mixed -use development near I -35 and Highway 380. Since RED acquired the project in 2010, around 600,000 square feet of retail has been successfully constructed on the north side of the development, called Rayzor Ranch Marketplace. Additional stores are scheduled for opening later this year, including Academy Sports. RED Development has petitioned the City of Denton to create a Public Improvement District (PID) for the south side of the development, called Rayzor Ranch Town Center. The terms requested by RED Development are not consistent with the City's existing PID Guidelines. Agenda Information Sheet March 18, 2014 Page 2 In order to establish the PID for Rayzor Ranch Town Center, an amendment to the PID Guidelines will be necessary. In Section 3 of the 2007 PID Guidelines, two funding options are allowable. RED Development has requested a third funding option — construction financing. This option has been added in the draft 2014 PID Guidelines, with a maximum assessed value to lien ratio of 3:1. If the City Council supports this change to the PID Guidelines, a resolution will be brought forward for Consent Agenda for April 1, 2014. PRIOR ACTION On July 24, 2007, the City Council approved PID Guidelines (R2007 -020). On April 17, 2012, the City Council approved the 2012 Tax Abatement Policy (R2012 -009). EXHIBITS 1. 2012 Tax Abatement Policy (R2012 -009) 2. 2007 PID Guidelines (R2007 -020) 3. Draft 2014 Resolution to Amend PID Guidelines 4. Draft 2014 Amended PID Guidelines 5. Incentive Discussion PowerPoint Respectfully submitted, Aimee Bissett Economic Development Director S:U_.egallOur Documents\Resolutions1121Tax Abatement Policy.docx EXHIBIT 1 RESOLUTION NO. 82012 -009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, REPLACING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on June 6, 2000, the City Council adopted guidelines and criteria, known as the Denton Policy for Tax Abatement (sometimes referred to as "Policy "), passing by Resolution No. R2000 -028; and WHEREAS, on May 1, 2001, the City Council amended the Policy to allow waiver of the five million dollar threshold and the maximum tax abatement percentage; to define professional positions; to make other changes as set forth in the amended Policy; and WHEREAS, on August 19, 2003, the City Council amended the Policy to make additional changes in the Policy and under the provisions of the Tax Code the Policy expired on August 19, 2005; and WHEREAS, on December 6, 2005, the City Council amended the Policy to make additional changes in the Policy and under the provisions of the Tax Code the Policy expired on August 19, 2005; and WHEREAS, in accordance with Chapter 312 of the Texas Tax Code requiring that tax abatement policies be adopted every two years, the Policy was adopted on February 5, 2008; and WHEREAS, on April 20, 2010, the City Council amended the Policy to make changes in the Policy and under the provisions of the Tax Code the Policy expired on February 5, 2010; and WHEREAS, the City Council desires to promote economic development within Denton; nl OTII WHEREAS, providing tax abatement and other economic development incentives within the City and its extraterritorial jurisdiction will likely contribute to the economic development of Denton by encouraging major investment, the creation of jobs, and other economic development benefits; and WHEREAS, the Property Development and Tax Abatement Act, Chapter 312 of the Tex. Tax Code, allows the city to establish its own criteria for tax abatement and the City has previously adopted guidelines for tax abatement by passing resolutions Nos. R90 -018, R98 -004, R2000- 028, R2001 -020 and R2003 -021, R2005 -057, R2008 -003, R2010 -009; and WHEREAS, the City Council deems it in the public interest to continue to be eligible for participation in tax abatement and to adopt policies, guidelines and criteria governing tax abatement agreements to be known as the Denton Policy for Tax Abatement; NOW, THEREFORE, EXHIBIT 1 THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The polices, guidelines and criteria found in the Denton Policy for Tax Abatement, attached hereto as Exhibit A and made a part of this Resolution and incorporated herein for all purposes, are in all things approved and adopted. From and after the effective date of this Resolution, the attached Denton Policy for Tax Abatement shall constitute policy guidelines and criteria governing tax abatement agreements for the City of Denton in accordance with Chapter 312 of the Tex. Tax Code. SECTION 2. Pursuant to Tex. Tax Code Section 312.002(c) the guidelines and criteria adopted herein shall be effective for two (2) years, during which time the guidelines may be amended or repealed by a vote of 3/4 of the members of the Council. SECTIONS. The City Council hereby reasserts its decision to become eligible to participate in tax abatement. The City Council provides certain tax incentives applicable to business enterprises in various reinvestment zones which are established in the City, in accordance with the applicable provisions of Chapter 312 of the Tex. Tax Code and in accordance with the guidelines and criteria established in the attached Exhibit A and in the amended Policy. SECTION 4. This Resolution shall become effective immediately upon its passage and approval at the regular meeting of the City Council of the City of Denton, Texas, on the 20th day of April, 2010, at which meeting a quorum was present and which meeting was held in accordance with the provisions of Tex. Gov.'t Code §551.001, et seq. PASSED AND APPROVED this the 17th day of April, 2012. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1N� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �� 2012 Tax Abatement Policy EXHIBIT A EXHIBIT 1 DENTON POLICY FOR TAX ABATEMENT I. GENERAL PURPOSE AND OBJECTIVES The City of Denton (City) is committed to the promotion of high quality development in all parts of the city and to an ongoing improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City will, on a case -by -case basis, give consideration to providing tax abatement as a stimulus for economic development in Denton. It is the policy of the City that said consideration will be provided in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply or suggest that the City is under any obligation to provide tax abatement to any applicant. All applicants shall be considered on a case -by -case basis. Abatements will not be considered if construction of a project already has begun. Tax abatements, as described in this Policy, will be available for businesses wanting to locate, expand or modernize, existing or new facilities and structures, including, without limitation, basic industries, corporate office headquarters or distribution centers, except as this Policy may be limited for property described in Section 312.211(a) of the Texas Property Tax Code (Vernons Texas Civil Statutes Annotated, hereinafter referred to as "Tax Code. ") II. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD Requests for tax abatement shall be reviewed by the Economic Development Partnership (EDP) board, on a case -by -case basis unless otherwise directed by City Council, the EDP board being comprised of two City Council members, two Chamber of Commerce board members, two representatives from the top twenty taxpayers, one representative from the University of North Texas, one member with aviation experience, and one member at- large. The EDP board serves as a recommending body to the City Council regarding whether economic development incentives should be offered in each individual case. Its recommendation shall be based upon an evaluation of information submitted in the tax abatement application and any additional information requested by the EDP board or presented to the EDP board. The Tax Abatement Application shall be substantially in the form of Exhibit A of this Policy. All meetings of the EDP board shall be held in compliance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. III. VALUE OF INCENTIVES The criteria outlined in the Application will be used by the EDP board in determining whether or not it is in the best interests of the City to recommend that tax abatement be offered to a particular project. Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community as described in the Denton Comprehensive Plan, as well as the relative impact on growth, employment, expansion of the tax base, economic development and human health 2012 Tax Abatement Policy EXHIBIT 1 and the environment. New, expanding and modernizing businesses may be considered for abatement if the minimum threshold, as described in Table 1 below, is met. Once a determination has been made that a project is eligible for a tax abatement, the value and term of the abatement may be determined by referencing the following table: TABLE 1: Establishes a framework for considering the length and percentage of abatement according to assessed property value of improvements and of tangible personal property located on the real property. VALUE OF STRUCTURE AND PERSONAL PROPERTY IN MILLION DOLLARS YEARS OF ABATEMENT PERCENTAGE OF ABATEMENT 100 10 25% 80 9 25% 65 8 25% 50 7 25% 35 6 25% 20 5 25% 15 4 25% 10 3 25% 5 2 25% To qualify, companies must meet the minimum threshold of the Policy in the first 24 months from the execution of the agreement or as specified in the tax abatement agreement. If upon initial application a project qualifies for tax abatement under the guidelines set forth in this Policy, the City may consider granting an additional 5% abatement for each one of the following factors provided, however, that the total tax abatement does not exceed 50% annually or continue for a period of more than ten years. No applicant may receive credit for more than five of the following factors: • The project will occupy a building that has been vacant for at least two years; • The project will create high - skilled, high- paying jobs as documented by the applicant; (A breakdown of number of jobs per job classification and entry level wage per classification will be used to determine eligibility); • The project will involve a significant relationship with one of the two universities in Denton; • At least 25% of the new jobs created by the project will be filled by Denton residents; • A minimum of 25% of local contractors and local subcontractors will be utilized during construction of the project; • The project will provide knowledge -based jobs (at least 25 bachelors degree at entry level); • The project will donate significant public art to the community approved by Greater Denton Arts Council and City Council); Page 2 of 17 percent of jobs require college (To qualify, donation must be 2012 Tax Abatement Policy EXHIBIT 1 • The project will donate significant materials /equipment to the public schools (to qualify, donation must be approved by DISD and City Council); • The project will create improvements to the Denton Downtown Implementation Plan area; • The project will result in the formation of a business park; • The project is an international or national headquarters facility. • The project is a medical manufacturing or research facility. • The project incorporates significant environmentally sustainable practices that includes: Leadership in Energy and Environmental Design (LEED) certification, recycling initiatives, the manufacture of sustainable materials or products that support sustainable industries, or the incorporation of clean technology. • Renewable Energy will be generated, stored or utilized for the project on an ongoing basis; • The applicant is committed to actively supporting the Denton Community. The total tax abatement may not exceed 50% annually for ten years. All abatements are subject to final approval of the City Council. Even though a project may meet the criteria as set forth in this Policy, an application may be denied at the discretion of the City. Tax abatement shall not apply to any portion of the land value of the project. The thresholds as described in Table 1 are considered guidelines for establishing the Tax Abatement Agreement terms. However, the City may determine that a lower or higher percentage and/or a shorter or longer term of abatement may be more appropriate for an individual project. If the abatement is approved, the City may consider applying all or a portion of the abatement in the first year or during any shorter period within the term of the tax abatement agreement. For example, an approved abatement of 25 percent for four years may be applied as 100 percent abatement for one year. When the City of Denton determines that incentives are required to retain existing businesses, which propose to improve or redevelop property within the City limits, the Denton City Council may consider these "special projects" on a case -by -case basis and reserve the right to waive the minimum threshold and/or exceed fifty percent (50 %) in tax abatement. The City of Denton may also take into consideration as "special projects" the expansion/redevelopment of existing businesses that create new or additional professional jobs. New or existing businesses that incorporate environmentally sustainable practices or have a renewable energy component may also be considered "special projects." Abatement hereunder will only apply to the increased valuation of the improvements over the appraised value of the property prior to such improvements as same is established by the Denton Central Appraisal District the year in which the tax abatement agreement is executed. The City may also consider other tax incentives authorized by law. nefinitinns! Local contractors and local sub - contractors refers to vendors that have their "principal office or place of business," as reported to the Texas Secretary of State Office, located within Denton City Limits or Extraterritorial Jurisdiction (ETJ). The minimum requirement of 25 %, to be eligible under this consideration, will be based on the estimated construction valuation of the project. Knowledge -based jobs are defined as occupations which: • Require specialized and theoretical knowledge, usually acquired through a college education or through work experience or other training which provides comparable knowledge; • Require some research, analysis, report writing and presentations; Page 3 of 17 2012 Tax Abatement Policy EXHIBIT 1 • Require special licensing, certification, or registration to perform the job task; A Business Park is defined as a multi - building, multi - tenant, master planned complex of approximately one million square feet or more under roof, constructed to house manufacturing, distribution, assembly, and office facilities. Leadership in Energy and Environmental Design (LEED) certification is a voluntary internationally recognized green building certification system, with verification by a third -party that a building or community was designed and built using strategies aimed at improving performance across the following metrics: • energy savings • water efficiency • CO2 emissions reduction • improved indoor environmental quality • stewardship of resources. The certification levels consist of the following: Basic, Silver, Gold and Platinum and are weighted on a 100 point system. The LEED system measures: innovation in design; sustainable sites; water efficiency; energy and atmosphere; materials and resources; indoor environmental quality; and locations and linkages. The manufacture of sustainable materials or products may include but is not limited to: biobased, recyclable and reclaimed goods. Denton is located in an air quality nonattainment region designated by the Environmental Protection Agency for air pollution levels that continually exceed national standards. Products and equipment that support sustainable industries or clean technologies that reduce environmental pollution are encouraged and may qualify for consideration under this section. Community support and involvement may include but is not limited to monetary or active investment in local non profits, public institutions or community organizations. Membership and participation in a Denton chamber of commerce is an example that may qualify under this consideration. The EDP board will consider criteria proposed by the applicant, review and make a recommendation on the eligibility of the applicant's community support and recommend whether an additional five percent should be added to the overall incentive percentage. When the City determines that abandoned property may require additional incentives to promote economic development that generally satisfies the requirements of this Policy, the City may waive the minimum threshold and/or exceed fifty percent (50 %) in tax abatement, or consider other tax incentives for special projects to redevelop abandoned buildings consistent with existing law. For the purpose of this Policy, an abandoned building is defined as a building that has been identified as being suitable for commercial or industrial development, has been vacant for a minimum of five -years or has substantially declined in appraised value. Abatement would only be considered on the increased valuation of the improvements in each year covered by the tax abatement agreement over the value of the property for the year in which the tax abatement agreement is executed. The City may also consider other tax incentives authorized by law. Page 4 of 17 2012 Tax Abatement Policy Preliminary Application IV. PROCEDURAL GUIDELINES EXHIBIT 1 Any person, organization or corporation desiring that the City consider providing tax abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that the City is under any obligation to provide tax abatement to any applicant. A. Applicant shall complete the attached "Application for Tax Abatement." B. Applicant shall prepare a map or other documents providing the following: ■ precise location of the property and all roadways within 500 feet of the site ■ existing uses and conditions of real property ■ proposed improvements and uses ■ any proposed changes in zoning . ■ compatibility with the Denton Comprehensive Plan and applicable building codes and City ordinances. ■ A complete legal description. C. Applicant shall complete all forms and information detailed in the Application and submit all information to the City Manager (or his/her designee), City of Denton, 215 E. McKinney, Denton, TX 76201. D. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. E. The application will be distributed to the appropriate City departments for internal review and comments. Additional information may be requested as needed. F. Copies of the complete application package and staff comments will be provided to the EDP board. G. Fiscal agents of the City will review the application for comments and recommendation. Additional information may be requested as needed. Consideration of the Application H. The EDP board will consider the application at a regular or called meeting(s). Additional information may be requested as needed. I. The recommendation of the EDP board will be forwarded, with all relevant materials, to the City Council. J. If the City Council decides to grant a tax abatement, it shall call a public hearing to consider establishment of a tax reinvestment zone in accordance with Section 312.201 of the Tax Page 5 of 17 2012 Tax Abatement Policy EXHIBIT 1 Code. The reinvestment zone must meet one or more of the criteria of Section 312.202 of the Tax Code. K. The City Council may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commercial/industrial tax abatement zone. L. The City Council may consider adoption of an ordinance or resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the commitments of the applicant, including all the terms required by Section 312.205 of the Tax Code and such other terms and conditions as the City Council may require. Should the commitments subsequently not be satisfied, the tax abatement shall be null and void (unless the tax abatement agreement provides for a recapture of the property tax revenue lost proportionate to a partial failure to meet the minimum thresholds set forth in the agreement) and all abated taxes shall be paid immediately to the City of Denton. Provisions to this effect shall be incorporated into the agreement. N. The City reserves the authority to enter into tax abatement agreements at differing percentages and/or terms as set forth in the guidelines of this Policy, consistent with the requirements of the Tax Code. Any tax abatement agreement will address various issues, including but not limited to, the following: 1. General description of the project 2. Amount of the tax abatement and percent of value to be abated each year 3. Method of calculating the value of the abatement 4. Duration of the abatement, including commencement date and termination date 5. Legal description of the property 6. Kind, number, location and timetable of planned improvements 7. Specific terms and conditions to be met by applicant 8. The proposed use of the facility and nature of construction 9. Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, any decrease in valuation, administration and assignment Annual Evaluation Upon completion of construction, the City Council shall receive from the City Manager (or his/her designee) an annual evaluation of each abatement to insure compliance with the agreement and to report possible violations of the agreement to the appropriate taxing entities. After new tax base numbers are received in July of each year, the City Manager and his staff will have ninety (90) days to review and prepare a breakdown of those figures. Local Businesses and Historically Underutilized Businesses Businesses receiving a tax abatement are asked to use diligent efforts to purchase all goods and services from Denton businesses whenever such goods and services are comparable in availability, quality and price. The City of Denton also encourages the use, if applicable, of qualified contractors, subcontractors and Page 6 of 17 2012 Tax Abatement Policy EXHIBIT 1 suppliers who are historically underutilized businesses based on information provided by the General Services Commission pursuant to Chapter 2161 of the Government Code. In the selection of subcontractors, suppliers or other persons or organizations proposed for work on this Agreement, the OWNERS agree to consider this Policy and to use their reasonable and best efforts to select and employ such companies and persons for work on this Agreement. Job Recruitinz from Low - Moderate Income Census Tracts Businesses receiving tax abatements are asked to endeavor to make available, or endeavor to cause lessees or assignees to make available, full -time or part-time employment with on-the-job training for Denton citizens. In this effort, the business, lessee or assignee is encouraged to recruit from the low - moderate income Census tracts as further defined by the U.S. Department of Housing and Urban Development's (HUD) Qualified Census Tracts (QCT) map shown in Figure 1. HUD defines QCTs as "census tracts in which one -half or more of the households have incomes below 60 percent of the area median income or the poverty rate is 25 percent of [or] higher. Page 7 of 17 2012 Tax Abatement Policv FIGURE 1: DENTON, TEXAS 2010-2011 Qualified Census Tracts -1L FJ L-',3,ER Page 8 of 18 EXHIBIT 1 Tract Out fine Qualified Census Tracts X201 0-201 1 2012 Tax Abatement Policy EXHIBIT A The City of Denton Tax Abatement Aunlication EXHIBIT 1 About the Application... The Tax Abatement Application provides the City with specific information on the project. The information requested in the Application is designed to address the criteria developed within the City of Denton's Tax Abatement Policy. The information serves as the basis for fiscal analysis and overall project evaluation. This evaluation is provided to the Economic Development Partnership (EDP) board and Council Members and serves as a source document during EDP board and City Council deliberations. The Application and the Agreement... Specific information from the Application (such as value of new investment and employment commitments) is incorporated into the Abatement Agreement. hi fact, the Application is an attachment to the Agreement. Since the Agreement is a binding contract, it is important that each question on the application be answered in full and as realistically as possible. Simply put, the application is part of the process from start to fmish so you'll want to make sure you're comfortable with the contents. When Is The Application Final? The answer to this question is very simple: When you tell us, "It's final." It is not uncommon for a property owner(s) to submit numerous Applications as drafts for informational and evaluative purposes only. As conversations continue, the property owner will submit a finalized version of the Application that includes all of the commitments agreed to during the discussions. What about Confidentiality? Section 312.003 of the Texas Tax Code makes confidential information provided to the City as a part of this application that describes the specific processes or business activities to be conducted or the equipment or other property to be located on the property. This information is not subject to public disclosure until the tax abatement agreement is executed. Section 522.131 of the Texas Government Code (Texas Public Information Act) makes confidential information which relates to economic development negotiations between the City and a business prospect that the City seeks to have locate, stay or expand in or near the territory of the City. The information must relate to a trade secret of the business prospect, commercial or financial information which the business prospect can demonstrate based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained or information about a financial or other incentive being offered to the business prospect by the City or by another person. Information about a financial or other incentive being offered to the business prospect is required to be disclosed when an agreement is made with a business prospect. The City is subject to disclosing most records and documents upon request under the Public Information Act. Accordingly, please clearly indicate and mark any information you consider proprietary. This would include anything in your application which you consider a trade secret, commercial or financial information which you can demonstrate by specific factual evidence that would cause substantial competitive harm if disclosed, information which describes the specific processes or business activities to be conducted or the equipment or other property for which the tax abatement is sought, any financial or other incentive you may be seeking from the City or any other information you deem to be confidential under the law. Who is Authorized To Sign the Application? Because the Application itself is non - binding, the person signing need not be the property owner or even an individual duly authorized to sign on behalf of the property owner. However, if an Agreement is reached, the Application will be an attachment to the Agreement and its contents will be binding through the authorized signature required on the Agreement. Page 9 of 17 2012 Tax Abatement Policy EXHIBIT A CITY OF D NTON City of Denton EXHIBIT 1 Tax Abatement Application City of Denton Department of Economic Development Denton, Texas 76201 (940) 349 -7776 (940) 349 -8596 FAX www.cilyofdenton.com Linda.Ratliffgcilyofdenton.com Page 10 of 17 2012 Tax Abatement Policy 2. 4. EXHIBIT 1 APPLICATION FOR TAX ABATEMENT CITY OF DENTON, TEXAS Property Owner Company or Project Name Mailing Address Telephone Fax No. Website Contact Name Title Mailing Address Telephone Fax No. Email Address Provide a chronology of plant openings, closing and relocations over the past 15 years. Provide a record of mergers and financial restructuring during the past 15 years. Will the occupants of the project be owner or lessee? If lessee, are occupancy commitments already existing? Is the project a relocation of existing facility or a new facility to expand operations? If relocation, give current location. If an existing Denton business, will project result in abandonment of existing facility? If so, the value of the existing facility will be subtracted from the value of the new facility to arrive at total project value. Page 11 of 17 2012 Tax Abatement Policy EXHIBIT 1 7. Property Description. - Attach a copy of the legal description detailing property's metes and bounds. - Attach map of project including all roadways, land use and zoning within 500 feet of site. 8. Current Value. Attach copy of latest property tax statement from the Denton County Central Appraisal District Include both real (land and improvements) and personal property). 9. Increased Value/Estimated Total Cost of Project. Structures $ Site Development $ Personal Property $ Other Improvements $ 10. Indicate percent of tax abatement and number of years requested. Percent Requested Years Requested List any other financial incentives this project will request/receive Estimated Freeport Exemption $ Estimated Electric Utility Industrial Development Rider $ Estimated Water /Wastewater Infrastructure Assistance $ 11. Give a brief description of the activities to be performed at this location, including a description of products to be produced and/or services to be provided. 12. Describe any off -site infrastructure requirements: • Water • Wastewater Page 12 of 17 2012 Tax Abatement Policy • Streets • Drainage • Other 13. Project Operation Phase. Provide employment information for the number of years tax abatement is requested. EXHIBIT 1 F. Types of jobs created. List the job titles and number of positions in each category that will be employed at the facility. Provide average wage for each category. G. Indicate the number of shifts the project will operate Page 13 of 17 At Project Existing Start Date At Term of Employment Information Operation (mo /yr) Abatement (if applicable) / A. Total number of permanent, full -time jobs B. Employees transferred from outside Denton C. Net permanent full -time jobs (A. minus B.) E. Total annual payroll for all permanent, full -time jobs (A.) F. Types of jobs created. List the job titles and number of positions in each category that will be employed at the facility. Provide average wage for each category. G. Indicate the number of shifts the project will operate Page 13 of 17 2012 Tax Abatement Policy EXHIBIT 1 H. Estimate annual utility usage for project: Electric kWh Water gpd Wastewater gpd Gas mcf 14. Describe any other direct benefits to the City of Denton as a result of this project (e.g., sales tax revenue or project elements identified in Tax Abatement Policy, Section III). 15. Is property zoned appropriately? Yes No Current zoning. Zoning required for proposed project. Anticipated variances. 16. Is property platted? Yes No Will replatting be necessary Yes No 17. Discuss any environmental impacts created by the project. A. List any permits for which applicant must apply. Applicant will be required to provide City with copies of all applications for environmental permits upon completion of application(s). B. Provide record of compliance to all environmental regulations for the past five years. 18. Provide specific detail of any businesses /residents that will be displaced and assistance that will be available from the requesting company. 19. Provide description of any historically significant area included within the project's area as determined by the Historic preservation Officer. If any, give detail of how the historically significant area will be preserved. Page 14 of 17 2012 Tax Abatement Policy EXHIBIT 1 20. Justification for Tax Abatement Request: Substantiate and more fully describe the justification for this request. Include the amount of the abatement requested and show how it will contribute to the financial viability of the project. Submit attachments if necessary. 21. List additional abatement factors to be considered for this project as outlined on pages 3 and 4 of the Tax Abatement Policy. 22. Financial Information: Attach a copy of the latest audited financial statement or, in the case of a new project, a business plan. 23. Does the project have an eligible environmentally sustainable or renewable energy component (if so, please identify type and provide a brief description)? 24. Applicants seeking LEED certification must complete the Green Building Application for Tax Abatement (Exhibit B of the policy). Page 15 of 17 Occupies building vacant for at least 2 years Donation of materials to public schools Project creates high - skilled, high- paying jobs Improvements to Downtown Significant relationship with universities Project forms business park 25% of new jobs filled by Denton residents International or national headquarters 25% local contractors to be utilized Medical manufacturing or research facility 25% of jobs are knowledge -based Environmentally sustainable practices used Donation of significant public art Renewable Energy generated/stored/utilized Community support and involvement: Attach description of community involvement 22. Financial Information: Attach a copy of the latest audited financial statement or, in the case of a new project, a business plan. 23. Does the project have an eligible environmentally sustainable or renewable energy component (if so, please identify type and provide a brief description)? 24. Applicants seeking LEED certification must complete the Green Building Application for Tax Abatement (Exhibit B of the policy). Page 15 of 17 2012 Tax Abatement Policy 2. 3. EXHIBIT 1 COMPLETE THIS SECTION IF REQUESTING ADDITIONAL INCENTIVE BASED ON LEED CERTIFICATION CONSTRUCTION Property Owner Company or Project Name Mailing Address Telephone Fax No. Website Contact Name Title Mailing Address Telephone Fax No. Email Address Project location address: Provide documentation that the project has been registered with the U.S. Green Building Council. Provide a description of the project (please include the building size, number of occupants and estimated budget). Attach a preliminary Leadership in Energy and Environmental Design (LEED) Scorecard illustrating how project will achieve the LEED certification. Level of Certification: Number of Points: Page 16 of 17 2012 Tax Abatement Policy EXHIBIT 1 This Tax Abatement Application is submitted with the acknowledgement that additional information may be required. Authorized Signature Date: Page 17 of 17 s:lour documentslresofutions%071pid guidelines.doe EXH I BIT 2 RESOLUTION NO. A RESOLUTION ESTABLISHING GUIDELINES FOR PUBLIC IMPROVEMENT DISTRICTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Improvement District ( "PID ") Assessment Act (the "Act ") allows a city to levy and collect special assessments on property that is located within the city or within the city's extraterritorial jurisdiction (" ETJ" ); and WHEREAS, the funds from the assessment can be used to make certain improvements as authorized by the Act to the infrastructure to facilitate economic growth within an area; and WHEREAS, these guidelines are intended to aid the City Council in determining if the creation of a PID is financially feasible, practical, and in the best interest of the citizens of the City of Denton; and WHEREAS, these guidelines do not require the City Council to participate in PIDs, nor do they prevent the City Council from establishing PIDs with elements that vary from these guidelines; and WHEREAS, the City agrees with the recommendation of the Economic Development Partnership Board to establish these guidelines; and WHEREAS, this Resolution is in the public interest of the residents of the City of Denton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, hereby authorizes the adoption of the PID Guidelines, which are attached hereto and made a part hereof by reference. SECTION 2. The City Council may, from time -to -time, consider changes to these guidelines as will be reflected by their future action. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2007. . M Pc E c . McNEILL, MAYOR scour documentsVesoiution071pid guidclines.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 EXHIBIT 2 scour documents lmiscellaneous1071public improvement district1doe EXH I BIT 2 Public Improvement District (PID) Guidelines Mixed -Use or Residential PIDs The Public Improvement District (PID) Assessment Act (the "Act ") allows a city to levy and collect special assessments on property that is within the city or within the city's extraterritorial jurisdiction (ETJ) to make certain improvements as authorized by the Act to the infrastructure to facilitate economic growth within an area. The following guidelines are intended to aid the City Council in determining if the creation of a PID is financially feasible, practical and in the best interest of the citizens of Denton. This document does not require the City Council to participate in PIDs, nor does it prevent the City Council from establishing PIDs with elements that vary from these guidelines. Section 1 - Policy Statement The City Council reserves the right to consider PID applications on a case -by -case basis. Projects that bring a unique, high quality desired product to the City of Denton, and such uniqueness or high quality could not be created unless PID funding is available, may be considered. Consideration will be given to developments that provide the types of development that diversify and enhance the tax base. Desired Product is defined as a high quality mixed -use development that does not exist within the City of Denton (or is limited) at the time the PID application is presented. The development must promote the policy of the Denton Plan. Elements of the development may include: • The development should exceed Denton Development Code standards in a combination of areas. Examples might be: • Park land/development • Architectural design • A high quality in building materials not seen in other developments • Lot sizes that exceed the average lot size in Denton • A higher quality of amenities not provided in other developments in Denton • The development provides a significant impact in the quality of residential units on the community. PIDs may also be considered for redevelopment areas such as downtown. • Developments of significant size should have a commercial component that provides services and products that serve the needs of the neighborhood, i.e., cleaners, pharmacy, bank, etc. • The development must have a cohesive theme throughout that identifies the unique nature of the project. • Amenities or characteristics that describe the project as unique must be clearly definable and measurable as the developer will be required to demonstrate the project has been completed as proposed. • Ongoing operation and maintenance costs for amenities or public facilities where the costs are borne by the City of Denton (i.e., library, dedicated parks) may eliminate a project from consideration. Page 1 of 4 scour documents lmiseellaneous1071public improvement districtldoc EXHIBIT 2 Section 2 - Reimbursable expenditures Public amenities and facilities must be available to all City of Denton citizens. Some or all of the following list of improvements may be financed through PID funds; however, the City Council reserves the right to consider each project on a case -by -case basis and will determine the appropriate improvements applicable to any project: • Water, wastewater, health and sanitation, or drainage improvements (including acquisition, construction, or improvements of water, wastewater or drainage improvements); • Street and sidewalk improvements - (acquiring, constructing, improving, widening, narrowing, closing or rerouting sidewalks, streets or any other roadways or their right-of- way); • Mass transit improvements (acquisition, construction, improvement or rerouting of mass transportation facilities); • Parking improvements (acquisition, construction or improvement of off - street parking facilities); I • Library improvements (acquisition, construction or improvement of libraries); • Park, recreation and cultural improvements (the establishment or improvement of parks); • Landscaping and other aesthetic improvements (erection of fountains, distinctive lighting and signs); • Art installation (acquisition and installation of pieces of art); • Creation of pedestrian malls (construction or improvements of pedestrian malls) • Similar improvements (projects similar to those listed above); • Supplemental safety services, including public safety and security services; • Supplemental business- related services for the improvement of the district, including advertising and business recruitment and development. Section 3 - Funding /Reimbursement of Costs PIDs will not be used for construction financing. The City Council may consider one of two options to reimburse public improvement districts for eligible costs. The City Council will review each development on a case -by -case basis to determine the appropriate funding option. A. Funding Option I - Pay As You Go. Under this option, the assessed funds are disbursed annually in an amount that does not exceed the expenditures incurred for eligible project costs. No bonds secured by PID assessments shall be sold. Although this option is used most frequently for maintenance projects, the City Council may consider the Pay As You Go Option for any project. The term for Pay As You Go PIDs may not exceed 30 years for capital expenditures. Operation and Maintenance PIDs may be ongoing. B. Reimbursement Option 2 — Revenue Bond Sales After Construction Under this option, the City Council may approve the sale of bonds secured solely with PID assessments to reimburse eligible costs once a minimum of 50% of the planned residential /commercial construction is at full completed value. If the project is built in phases, bonds may be sold for each phase. The comparative size of each phase must be acceptable to the City. Page 2 of 4 s:lour documents lmiscelianeous1071public improvement district2.doc EXHIBIT 2 A minimum of 50% of the planned residential /commercial development of each phase must be constructed and accepted by the City of Denton at full completed value before bonds may be sold. Financial security of the developer and feasibility of the project will be reviewed by the City's financial advisors and bond counsel to ensure viability of the project and that PID assessment funds are sufficient to retire the bond debt. The minimum percentage of completion may be reduced if the City believes the financial feasibility report justifies the reduction in completion percentage. The term may not exceed 30 years for capital expenditures. Operation and Maintenance PIDs may be ongoing. Section 4 - Assessment Cap The City Council must consider an assessment amount at the time a PID is created. Assessments should not exceed $0.40 per $100 valuation regardless of whether the project is within the City limits or the City's ETJ. The assessment may be less than $0.40, and the City Council may even consider an amount higher than the recommended $0.40 cap if they believe it is in the best interest of the community. l Section 5 - PID Petition /Documentation Developers requesting a PID are required to submit a completed PID petit ion/app I i cation to the Economic Development Partnership Board (EDPB). The EDPB will review the proposal and make recommendation to City Council. The application will provide the following: A. Description of the development that clearly defines the elements of the project that exceed the Denton Development Code and how those elements of the project will be measured. B. Documentation that the project provides a desired product that is not available or is limited within the city limits or the ETJ. C. Detailed project financials and developer financial information to ensure the viability of the company. If the developer has participated in previous PIDs, success of previous PIDs must be demonstrated. D. Developers must declare whether they will hold ownership of the residential property within the development or sell sections/lots to builders, and the proposed timing of the sale of such sections/lots. E. Sample documentation to be provided at the time of sale that clearly discloses the existence of the PID, the amount of the assessment, options for payment, and liability to owner should assessment become delinquent. F. Project financial documents must include payment for City of Denton administrative costs. G. Project financial documents must declare the party responsible for maintenance of the improvements and describe how maintenance will be funded. If an element of the PID funds operation and maintenance, a list, of improvements supported by PID funds must be provided. Page 3 of 4 s:lour documents lmiscellaneous1071public improvement districtldoc EXHIBIT 2 H. Project financial documents must include payment for administrative and reasonable legal costs that may be incurred by the City to foreclose on any property within the project for non - payment of PID assessment. Section 6 — Administrative Costs The PID documentation must provide for the reimbursement of the City's on -going administrative and legal costs relative to reviewing, preparing, auditing the feasibility report, preliminary costs estimates, five -year service and assessment plan and assessment roll, and costs relating to foreclosures, etc. A $2,500 deposit must accompany all PID applications to be, applied toward administrative costs related to the processing and review of the application, which may include staff time, public notices, etc. The City will track costs and refund any excess monies once the PID has been established or denied. The applicant will be required to cover all related costs; therefore, it may be necessary for applicants to provide additional funds. Page 4 of 4 EXHIBIT 3 RESOLUTION NO. A RESOLUTION AMENDING GUIDELINES FOR PUBLIC IMPROVEMENT DISTRICTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council seeks to amend the guidelines for public improvement districts established on July 24, 2007; and WHEREAS, the Public Improvement District ( "PID") Assessment Act (the "Act ") allows a city to levy and collect special assessments on property that is located within the city or within the city's extraterritorial jurisdiction ( "ETY); and WHEREAS, the funds from the assessment can be used to make certain improvements as authorized by the Act to the infrastructure to facilitate economic growth within an area; and WHEREAS, these guidelines are intended to aid the City Council in determining if the creation of a PID is financially feasible, practical, and in the best interest of the citizens of the City of Denton; and WHEREAS, these guidelines do not require the City Council to participate in PIDs, nor do they prevent the City Council from establishing PIDs with elements that vary from these guidelines; and WHEREAS, the City agrees with the recommendation of the Economic Development Partnership Board to establish these guidelines; and WHEREAS, this Resolution is in the public interest of the residents of the City of Denton; NOW, THEREFORE, THE CITY COUNCTL OF THE CTTY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, hereby authorizes the adoption of the PID Guidelines, which are attached hereto and made a part hereof by reference. SECTION 2. The City Council may, from time -to -time consider changes to these guidelines as will be reflected by their future action. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014 MARK BURROUGHS, MAYOR EXHIBIT 3 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY EXHIBIT 4 Public Improvement District (PID) Guidelines Mixed -Use or Residential PIDs The Public Improvement District (PID) Assessment Act (the "Act ") allows a city to levy and collect special assessments on property that is within the city or within the city's extraterritorial jurisdiction (ETJ) to make certain improvements as authorized by the Act to the infrastructure to facilitate economic growth within an area. The following guidelines are intended to aid the City Council in determining if the creation of a PID is financially feasible, practical and in the best interest of the citizens of Denton. This document does not require the City Council to participate in PIDs, nor does it prevent the City Council from establishing PIDs with elements that vary from these guidelines. Section I - Policy Statement The City Council reserves the right to consider PID applications on a case -by -case basis. Projects that bring a unique, high quality desired product to the City of Denton, and such uniqueness or high quality could not be created unless PID funding is available, may be considered. Consideration will be given to developments that provide the types of development that diversify and enhance the tax base. Desired product is defined as a high quality mixed -use development that does not exist within the City of Denton (or is limited) at the time the PID application is presented. The development must promote the policy of the Denton Plan. Elements of the development may include: • The development should exceed Denton Development Code standards in a combination of areas. Examples might be: • Park land /development • Architectural design • A high quality in building materials not seen in other developments • Lot sizes that exceed the average lot size in Denton o A higher quality of amenities not provided in other developments in Denton • The development provides a significant impact in the quality of residential units on the community. PIDs may also be considered for redevelopment areas such as downtown. • Developments of significant size should have a commercial component that provides services and products that serve the needs of the neighborhood, i.e., cleaners, pharmacy, bank, etc. • The development must have a cohesive theme throughout that identifies the unique nature of the project. • Amenities or characteristics that describe the project as unique must be clearly definable and measurable as the developer will be required to demonstrate the project has been completed as proposed. • Ongoing operation and maintenance costs for amenities or public facilities where the costs are borne by the City of Denton (i.e., library, dedicated parks) may eliminate a project from consideration. EXHIBIT 4 Section 2 - Eligible expenditures Public amenities and facilities must be available to all City of Denton citizens. Some or all of the following list of improvements may be financed through PID funds; however, the City Council reserves the right to consider each project on a case -by -case basis and will determine the appropriate improvements applicable to any project. • Water, wastewater, health and sanitation, or drainage improvements (including acquisition, construction, or improvements of water, wastewater or drainage improvements); • Street and sidewalk improvements (acquiring, constructing, improving, widening, narrowing, closing or rerouting sidewalks, streets or any other roadways or their right -of- way); • Mass transit improvements (acquisition, construction, improvement or rerouting of mass transportation facilities); • Parking improvements (acquisition, construction or improvement of off - street parking facilities); • Library improvements (acquisition, construction or improvement of libraries); • Park, recreation and cultural improvements (the establishment or improvement of parks); • Landscaping and other aesthetic improvements (erection of fountains, distinctive lighting and signs); • Art installation (acquisition and installation of pieces of art); • Creation of pedestrian malls (construction or improvements of pedestrian malls) • Similar improvements (projects similar to those listed above); • Supplemental safety services, including public safety and security services; • Supplemental business - related services for the improvement of the district, including advertising and business recruitment and development. Section 3 - Funding /Reimbursement of Costs The City Council may consider one of three options to reimburse public improvement districts for eligible costs. The City Council will review each development on a case -by -case basis to determine the appropriate funding option. A. Funding Option 1 - Pay As You Go. Under this option, the assessed funds are disbursed annually in an amount that does not exceed the expenditures incurred for eligible project costs. No bonds secured by PID assessments shall be sold. Although this option is used most frequently for maintenance projects, the City Council may consider the Pay As You Go Option for any project. The term for Pay As You Go PIDs may not exceed 30 years for capital expenditures. Operation and Maintenance PIDs may be ongoing. B. Reimbursement Option 2 — Revenue Bond Sales After Construction. Under this option, the City Council may approve the sale of bonds secured solely with PID assessments to reimburse eligible costs once a minimum of 50% of the planned residential /commercial construction is at full completed value. If the project is built in phases, bonds may be sold for each phase. The comparative size of each phase must be acceptable to the City. A minimum of 50% of the planned residential /commercial development of each phase must be constructed and accepted by the City of Denton at full completed value before bonds may be sold. Financial security of the developer and feasibility of the project will EXHIBIT 4 be reviewed by the City's financial advisors and bond counsel to ensure viability of the project and that PID assessment funds are sufficient to retire the bond debt. The minimum percentage of completion may be reduced if the City believes the financial feasibility report justifies the reduction in completion percentage. The term may not exceed 30 years for capital expenditures. Operation and Maintenance PIDs may be ongoing. F'raaracira,r ( ) t »a w — R aides Boi ` aie for of stru tip ii F!111111 ills. Unid r ti His optlona, the City,, o ul—W IT-lay appr> o the :safe ofbo acct secured soileily PID assessirie att to firaar:ce co l- Istr °uct!o »a r,, ith a rria„irr -wire appraised x ai ue to 61cra ratio of-3- l at cac. r o:ad issue, If the proliect is bul'It l a laase s, boni ds iria ' be so1d for Baca laase, F!iaaiacla security of the cex,eil per avid feasiblIlty oft ae proliect %,,!66 be re %ie e by �.he C'4y' �'iraarrc!al adxlsois arar� oni coui- ell to cra6r�r°c i !6 t r> "tiI err ° >lect arad t art PID asses siri e at funs ds are sufficro"rat to retire boi-id debt. 11e tcn-ri rimy -Mt exceed -30 years for capital exile ari ture:t., aria the rrraxin- rrar rarrraiber° of years of ca r!ttiatlzcd interest % -NJI6 ray >t exceed n-N,'o years for eac r bo» Ci issue, Section 4 - Assessment Cap The City Council must consider an assessment amount at the time a PID is created. Assessments should not exceed $0.40 per $100 valuation regardless of whether the project is within the City limits or the City's ETJ. The assessment may be less than $0.40, and the City Council may even consider an amount higher than the recommended $0.40 cap if they believe it is in the best interest of the community. Section 5 - PID Petition /Documentation Developers requesting a PID are required to submit a completed PID petition /application to the Economic Development Partnership Board (EDPB). The EDPB will review the proposal and make recommendation to City Council. The application will provide the following: A. Description of the development that clearly defines the elements of the project that exceed the Denton Development Code and how those elements of the project will be measured. B. Documentation that the project provides a desired product that is not available or is limited within the city limits or the ETJ. C. Detailed project financials and developer financial information to ensure the viability of the company. If the developer has participated in previous PIDs, success of previous PIDs must be demonstrated. D. Developers must declare whether they will hold ownership of the residential property within the development or sell sections /lots to builders, and the proposed timing of the sale of such sections /lots. E. Sample documentation to be provided at the time of sale that clearly discloses the existence of the PID, the amount of the assessment, options for payment, and liability to owner should assessment become delinquent. F. Project financial documents must include payment for City of Denton administrative costs. G. Project financial documents must declare the party responsible for maintenance of the improvements and describe how maintenance will be funded. If an element of the PID EXHIBIT 4 funds operation and maintenance, a list of improvements supported by PID funds must be provided. H. Project financial documents must include payment for administrative and reasonable legal costs that may be incurred by the City to foreclose on any property within the project for non - payment of PID assessment. Section 6 — Administrative Costs The PID documentation must provide for the reimbursement of the City's on -going administrative and legal costs relative to reviewing, preparing, auditing the feasibility report, preliminary costs estimates, five -year service and assessment plan and assessment roll, and costs relating to foreclosures, etc. A $2,500 deposit must accompany all PID applications to be applied toward administrative costs related to the processing and review of the application, which may include staff time, public notices, etc. The City will track costs and refund any excess monies once the PID has been established or denied. The applicant will be required to cover all related costs; therefore, it may be necessary for applicants to provide additional funds. LL O� W (D g zLU W U �C W z W :E Q op Q 1 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N ~ LL z O W Ln :E O DC W � d1 00 Ir--. lD Ln M N Q W Q � m Q ~ W W DC D CL Q O U = J O J Q z z O Ow�OLnm(11*4 O Ln O Ln O Ln 0 Lr) v,z O LL O O � W �C J — � LU 75; J o z z Q U) L- 0 4--J 0 4--J c 0 0 U) 7C3 (1) 7C3 U) 0 4--J U) 0 0 0 0 U) 4--J 0 4- 0 0 C C) 0 0 U) -0 C-) 4- U) 0 0 .0 4--J U) -0 (1) 7C3 (1) 4-J '§ .0 U) :3 U) m c OL OL C_) 7,D OL o 4- o Lo Lo W 0 > U) CNA CNA 7C3 >, c 0 4--J U) 4--J U) .0 .0 OL U) 4-J 4--J 0 0 0 0 0 M 0 M 1 m E ,1r, 7 �r, �r, E (JO a) > E E Q 7C3 (13 4+--1 cc Com 4+--1 Qi) Cal) 4-J c� a) ty 4— (D1 COIL U) OL (D (D U) %_ A_j I- D I_ 0 M co 4+--1 (.) 4— Q 4— U) a) 0 4-J 4-J %_ 4-J to- 0 73 M 4-J �E 0 (14) D a m X 4-J (D (0. Qi) > 4-J _C3 4-J Q) (13 (D �! U) 4-J . r3 0 0 0 Consent Agenda A AGENDA INFORMATION SHEET AGENDA DATE: March 18, 2014 DEPARTMENT: City Manager's Office CM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Fred Moore Day Nursery School; authorizing and ratifying the expenditure of funds; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $1450 from Council Contingency Funds. (Mayor Burroughs $250, Mayor Pro Tem Kamp $200, Council Member Gregory $500, Council Member Engelbrecht $300 and Council Member Hawkins $200) Key provisions of the agreement include: Funds shall be used by the Organization for their Capital Campaign to build a gym and extra classrooms. FISCAL INFORMATION Funding for the contract will come from Council contingency fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Senior Executive Assistant s: \legal \our documents \ordinances \14 \sery agr -fred moore day nursery school.doc EXHIBIT I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND FRED MOORE DAY NURSERY SCHOOL; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton hereby finds that the Agreement between the City and Fred Moore Day Nursery School, attached hereto and made a part hereof by reference (the "Agreement "), serve a municipal and public purpose and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement and to exercise all rights and duties of the City under the Agreement, including authorizing and ratifying the expenditure of funds. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014 MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Ci APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: c Jj EXHIBIT 2 SALegal \0ur Documents \Contracts \14 \Sery Agr - Fred Moore Day Nursery School Aoc SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND FRED MOORE DAY NURSERY SCHOOL This Agreement is hereby entered into by and between the City of Denton, Texas, a home rule municipal corporation, hereinafter referred to as "City ", and Fred Moore Day Nursery School, a not for profit corporation, hereinafter referred to as "School ". WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the School's Capital Campaign to build a gym and extra classrooms; and WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public interest; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES School shall, in a satisfactory and proper manner, perform the following tasks, for which the monies provided by City may be used: the funds being provided will be used for their Capital Campaign to build a gym and extra classrooms. II. OBLIGATIONS OF SCHOOL In consideration of the receipt of funds from City, School agrees to the following terms and conditions: A. One Thousand, Four Hundred Fifty Dollars /100 ($1,450.00) shall be paid to School by City to be utilized for the purposes set forth in Article I. B. School will maintain adequate records to establish that the City funds are used for the purposes authorized by this Agreement. C. School will permit authorized officials of City to review its books at any time. D. Upon request, School will provide to City its By Laws and any of its rules and regulations that may be relevant to this Agreement. E. School will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. School will appoint a representative who will be available to meet with City officials when requested. Page 1 S;1Legal \Our DocumentsTontracts \14 \Sery Agr - Fred Moore Day Nursery School .doc III. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by School within the following time frame: The term of this Agreement shall commence on the effective date and terminate September 30, 2014, unless the contract is sooner terminated under Section VII "Suspension or Termination ". IV. PAYMENTS A. PAYMENTS TO SCHOOL. City shall pay to School the sum specified in Article II after the effective date of this Agreement. B. EXCESS PAYMENT. School shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to School; 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. V. EVALUATION School agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. School agrees to make available its bank statements for review by City at City's discretion. In addition, School agrees to provide City the following data and reports, or copies thereof: A. An explanation of any major changes in program services. B. To comply with this section, School agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. School's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. School agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. C. Nothing in the above subsections shall be construed to relieve School of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. MEETINGS Page 2 SALegal \Our Documents \Contracts \14 \Sery Agr - Fred Moore Day Nursery School .doc Minutes of all meetings of School's governing body shall be available to City within ten (10) working days of approval. VII. TERMINATION The City may terminate this Agreement for cause if School violates any covenants, agreements, or guarantees of this Agreement, the School's insolvency or filing of bankruptcy, dissolution, or receivership, or the School's violation of any law or regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. School shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. School will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. C. In the event of School's noncompliance with the nondiscrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and School may be barred from further contracts with City. IX. WARRANTIES School 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 bank statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of School on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of School. C. No litigation or legal proceedings are presently pending or threatened against School. D. None of the provisions herein contravenes or is in conflict with the authority under which School is doing business or with the provisions of any existing indenture or agreement of School. Page 3 SALegal \Our Documents \Contracts \14 \Sery Agr - Fred Moore Day Nursery School .doc D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of _ , 20 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: -, CITY OF DENTON GEORGE C. CAMPBELL, CITY MANAGER FRED MOORE DAY NURSERY SCHOOL BY �. WENDY vlC i EXECUTIVE DIRECTOR Page 6 Consent Agenda B AGENDA INFORMATION SHEET AGENDA DATE: March 18, 2014 DEPARTMENT: Finance ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager or his designee to execute an investment advisory services contract with First Southwest Asset Management, Inc. (FSAM) for an amount not to exceed $52,000; and providing an effective date. Audit /Finance Committee recommends approval (2 -0). BACKGROUND The City's investment advisory contract is guided by the Public Funds Investment Act (PFIA) which stipulates a contract length of two years and requires a City Council ordinance to renew or extend the agreement. The current contract expires with FSAM on May 31, 2014. FSAM has assisted the City in various capacities since 1998; however, the current contract began in June 2008 which expanded the use of their services. The City currently pays FSAM a quarterly fee of $6,500 which was reduced from $9,000 in October 2010 at staff's request due to the challenging economic environment. FSAM has continued to honor the reduced fee structure. FSAM brings numerous advantages to the fiduciary investment relationship with the City. One important benefit has been the access to security offerings provided by their extensive broker /dealer network of 30 participants. FSAM is unique among investment advisors in their ability to offer their clients a large number of security offerings made possible through the use of First Southwest Company's (FSW) securities clearing operation. The securities clearing operation eliminates the requirement for the City to maintain active accounts at each individual broker - dealer while allowing it access to all their inventories under the FSW account. This provides the City access to many more security offerings than would otherwise be possible from most other investment advisors and allows FSAM to find the most competitively priced securities for their clients amongst a broad array of market participants. FSAM is in the market daily due to the large number of assets under management ($6 billion) which, in turn, helps facilitate competitive pricing from their broker /dealer network. All security purchases and sales for the City are conducted on a documented competitive basis with FSAM required to show the three most competitive offers or bids. They are also required by the City to remit random broker /dealer tickets for review on a quarterly basis. Other benefits of the FSAM relationship include: 1) Provision of a daily market newsletter which supplies pricing information and trends for varying types of securities at different maturity levels which aids staff in planning security purchases. Agenda Information Sheet March 18, 2014 Page 2 2) Access to timely market data, pricing, and inventories through their Bloomberg terminals. 3) Assistance with special requests such as collateral valuation, money market fund /pool comparisons, investment accounting questions, U.S. government agency and commercial paper issuer research, investment policy modifications, etc. 4) Help with the establishment of the City's collateralized CD program by locating banks interested in participating. 5) Attendance at staff -held quarterly investment committee meetings to discuss economic trends, interest rates, and investment strategies. 6) Participation in new issue municipal securities offerings when the market presents opportunities to increase spreads over comparable Treasuries and agencies. 7) Detailed quarterly analysis of economic events and daily e -mail notifications of important economic news. Since this contract is for professional services, it is exempt from competitive bidding requirements. More importantly, staff is pleased with the services provided by FSAM, and it is unlikely that another firm in the marketplace could provide a better combination of value, expertise, and access for investment advisory services. As a result, on January 9, 2014, the staff composed investment committee unanimously recommended approval to renew the FSAM contract for an additional two years. The Audit /Finance Committee concurred with this recommendation on March 4, 2014. RECOMMENDATION Staff recommends approval to renew the FSAM investment advisory contract for another two years. The Audit /Finance Committee recommended that the FSAM contract be presented to the City Council for consideration on March 18, 2014. PRIOR ACTION /REVIEW (Council /Boards /Commissions) On March 4, 2014 the Audit /Finance Committee unanimously recommended approval to forward a new investment advisory contract to the City Council for consideration. EXHIBITS Exhibit l: Ordinance Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance Exhibit 1 sAlegal \our documents \ordinances \14 \investment advisory services ordinance - fsam.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INVESTMENT ADVISORY SERVICES CONTRACT WITH FIRST SOUTHWEST ASSET MANAGEMENT, INC. FOR INVESTMENT ADVISORY SERVICES FOR AN AMOUNT NOT TO EXCEED $52,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2256.003 of the Texas Government Code permits cities to contract with an investment management firm in the exercise of their power to purchase, sell and invest their funds in investments authorized by the Public Funds Investment Act; and WHEREAS, on June 1, 2008, the City of Denton ( "City ") and First Southwest Asset Management, Inc. ( "FSAM ") entered into an Investment Advisory Services Contract whereby FSAM was designated as the investment advisor for the City beginning June 1, 2008 and ending May 31, 2010, with a possible two -year extension of the Contract not to extend beyond May 31, 2012; and WHEREAS, the City and FSAM initiated a two -year contract which began June 1, 2012 and ending May 31, 2014; and WHEREAS, the City and FSAM desire to initiate a two -year contract which will begin June 1, 2014 and ending May 31, 2016; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is authorized to execute a two -year contract between the City and FSAM for investment advisory services for an amount not to exceed $52,000, a copy of which is attached hereto and made a part hereof for all purposes. SECTION 2. The following officials: Bryan Langley, Assistant City Manager; Charles Springer, Director of Finance; Antonio Puente, Jr., Assistant Director of Finance; and Caroline Finley, Treasury Administrator are hereby authorized to transact business with the above listed institution regarding investments for the City. SECTION 3. The City Manager is authorized to make the expenditure of funds and fees and take the actions as required by the Investment Advisory Services Contract as amended. SECTION 4. This Ordinance is enacted pursuant to and in accordance with Section 2256.003 of the Texas Government Code. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. Exhibit 1 s: \legal \our documents \ordinances \14 \investment advisory services ordinance - fsam.doc PASSED AND APPROVED this the day of 12014. ATTEST: JENNIFER WALTERS, CITY SECRETARY of APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY F BY Page 2 MARK A. BURROUGHS, MAYOR AGREEMENT FOR INVESTMENT ADVISORY SERVICES BY AND BETWEEN THE CITY OF DENTON, TEXAS AND FIRSTSOUTHWEST ASSET MANAGEMENT, INC. This Investment Advisory Agreement (the "Agreement ") is made by and between the City of Denton, Texas (the "City ") and FirstSouthwest Asset Management, Inc. ( "FSAM "). This agreement shall be effective as of the date of its acceptance by the City as indicated on the signature page hereof. The term of this agreement shall commence on June 1, 2014 and conclude on May 31, 2016. This agreement may be extended for additional two (2) year periods upon approval by the City. I. Terms and Conditions This Agreement sets forth the terms and conditions governing the relationship of the City to FSAM with respect to securities and money which the City in its discretion may make available for investment or reinvestment (the "Funds "). This Agreement shall apply to these investable funds during the period in which this Agreement shall be in effect. II. Investment Advisory Services A. Services. With respect to the Funds, FSAM will endeavor to provide investment advisory services and cause to be executed such investments as determined in accordance with Section II.B below. FSAM agrees to provide professional services and its facilities and to direct and coordinate all programs of investing as may be considered and authorized by the City and to assume and pay those expenses incurred by FSAM in connection with the execution of investment decisions. Specifically, FSAM agrees to perform the following duties: 1. Review and recommend changes to the City's investment policy annually, consistent with the provisions of Chapter 2256 and 2257 of the Texas Government Code and other applicable federal, state and local laws; 2. Advise the City on current market conditions and other general financial and investment information through direct conversation, e -mail and other acceptable means of communication; 3. Advise in the investment of the available funds and, as directed by the City, cause the transactions to be executed on a fully documented and competitive basis; 4. Maintain and provide an authorized broker /dealer list from which securities will be competitively bid; 5. Assist in the security clearance process; 6. Promptly send (or cause to be sent) trade confirmations to the City; 7. Verify collateral pricing as needed; 8. Attend quarterly meetings with City staff to discuss economic trends, interest rates and investment strategies; and, Provide staff with research, analysis and market - related projects as requested. B. Scope of Investment Decisions. In performing the services listed in Section ILA above, FSAM shall not have discretionary authority and, accordingly, shall obtain approval from the City for the investment of any City Funds. The City hereby represents and acknowledges that its written investment policy and investment strategy includes its investment objectives and all portfolio limitations and restrictions, including, without limitation, acceptable levels of investment risk. The City also agrees to notify FSAM in writing ten business days in advance of the implementation of any changes in the City's investment objectives, investment limitations, and /or financial condition. The City will give FSAM immediate verbal notice and written notice within five days of receipt of any trade confirmations should the City believe any investment in the Funds violates the City's investment objectives or limitations. C. Standard of Care. In the administration of its duties, FSAM shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person's own affairs, not for speculation, but for investment, considering, with regard to the entire Funds rather than any particular investment or security, the probable safety of capital and the probable income to be derived. D. Settlement of Securities. The purchase of individual securities shall be executed "delivery versus payment" (DVP) through the City's safekeeping agent. By so doing, City funds will be released when and if the City has received, through the safekeeping agent, the designated securities purchased. E. Return on the Portfolio. The City expressly affirms and acknowledges that FSAM has not promised or guaranteed any stated or specified return on, or performance of, the City's Funds, and FSAM is not responsible for any market losses arising with respect to the Funds. Ill. Representations A. FSAM represents that it is registered as an investment advisor under the Investment Advisers Act of 1940 (the "Advisers Act ") and is authorized and empowered to enter into this Agreement. B. The City represents and confirms that (1) the City has full power and authority to enter into this Agreement; (2) the terms hereof do not violate any obligation by which the City is bound, whether arising by contract, operation of law, or otherwise; and (3) this Agreement has been duly authorized by and will be binding on the City according to its terms. C. The City shall allow FSAM to rely upon all information regarding schedules or other information pertaining to the Funds as provided to it by the City as being true and accurate. FSAM shall have no responsibility to verify, through audit or investigation, the accuracy or completeness of such information and FSAM will not undertake to authenticate any such Information and FSAM will not undertake to authenticate any such information. D. The City recognizes that there may be loss or depreciation of the current liquidation, immediate and ongoing value of any investment due to the fluctuation of market values. The City represents that no party to this Agreement has made any guarantee, either oral or written, that the City's investment objectives will be achieved. FSAM shall not be liable for any error in judgment and /or for any investment losses in the Funds in the absence of willful malfeasance, gross negligence, or violation of applicable law, Nothing in this Agreement shall constitute a waiver or limitation of any rights that the City may have under applicable state or federal law including without limitation, the state and federal securities laws. -2- E. City represents and acknowledges that City has reviewed and understands the risk factors and fees associated with the Funds. IV. Fees and Costs of FSAM As consideration for the services provided by FSAM under this Agreement, FSAM will be entitled to a fee (the "Advisor Fee ") determined in accordance with the schedule set forth in the fee schedule ( "Schedule A "), a copy of which is attached hereto, is incorporated herein for all purposes and is being delivered to the City simultaneously with the execution, and as an integral part, of this Agreement. The obligation of FSAM to pay or incur expenses shall not include any costs incident to litigation, mandamus action, regulatory investigation, test case or other similar legal actions. The Advisor Fee will be payable quarterly in arrears. In the event this Agreement is terminated prior to the end of a quarter, the Advisor Fee shall be prorated and paid within 30 days of termination. V. Reporting and Account Statements FSAM will deliver or cause to be delivered to the City confirmation of investment and monthly statements for the Funds invested as set forth in this Agreement. The monthly statement will reflect all investments, including date of investment, purchase price, current price, date of maturity, profit or loss and cash balances. FSAM will also provide the City with an annual valuation of the City's Funds and any additional statements that may be required by applicable law, including the reporting provisions of the Public Funds Investment Act, or other applicable state law, with respect to transactions effected under this Agreement. VI. Other Services The investment advisory services provided hereunder by FSAM to the City are exclusive of any other services that FSAM may provide to the City. VII. Execution of Investment Transactions A. Affiliated Broker. FSAM is affiliated through common ownership and control with First Southwest Company ( "FSC "), a registered broker /dealer with the National Association of Securities Dealers, Inc. ( "NASD "), the U.S. Securities and Exchange Commission ( "SEC "), and various state and territorial regulatory authorities. The City hereby authorizes FSAM to effect transactions for its Funds by execution through FSC. Where transactions are effected through FSC, FSC may act on an agency or principal basis to the extent permitted by law. Pursuant to Rule 206(3) of the Advisers Act, FSAM will obtain the City's consent on each investment transaction to allow FSC to act as a principal in acquiring a security to facilitate a trade. B. Bundling of Investment Transactions. Transactions for each client account generally will be effected independently unless FSAM decides to purchase or sell the same securities for several of its clients at approximately the same time. FSAM may (but is not obligated to) combine or "batch" such orders to obtain best execution. Under this procedure, transactions will be averaged as to price and will be allocated among FSAM's clients included in the "batch" group in proportion to the purchase and sale orders placed for each client in batch transactions. VIII. Selection of Brokers The City agrees that when FSAM effects or places orders for the execution of transactions for the Funds (other than situations where the City specifically instructs otherwise in writing), FSAM may allocate such transactions to such brokers and dealers for execution on such markets, at such prices as in the judgment of FSAM will be in the best interests of the City, taking into consideration, in the selection of such brokers and dealers, the available prices and rates of brokerage commissions and other relevant factors, without having 11911 to demonstrate that such factors are of a direct benefit to the City. Subject to the foregoing, FSAM will arrange for the execution of securities transactions for City Funds through brokers or dealers that FSAM reasonably believes will provide best execution. IX. Non - Exclusive Relationship The City hereby acknowledges that FSAM's services under this Agreement are nonexclusive, and that FSAM shall be free to render the same or similar services to other clients. The City further acknowledges that FSAM's advice is specific to each individual City's investment objectives, limitations and financial condition. Therefore FSAM, in the performance of its investment advisory duties, may give advice to, and take action on behalf of, other clients that may differ from the advice given, or the timing and nature of the action taken, with respect to the City's Funds. Nothing in this Agreement shall be deemed to impose upon FSAM any obligation to purchase or sell, or to recommend for purchase or sale for the City's Funds, any security that FSAM or its affiliates may purchase or sell, for their own account or for the accounts of any other client if, at the sole discretion of FSAM, it is for any reason undesirable or impractical to take such action or make such recommendation for the City's Funds. The City also acknowledges that FSAM has varying fee structures and arrangements with other clients and may charge other clients different fees, which may be higher or lower than the fees charged with respect to the City's Funds for similar services. X. Instructions from the City FSAM may rely on all instructions (whether oral or written) given by the City or its agents that FSAM believes to be genuine. Instructions may be given to FSAM by any officer or agent authorized by (1) the investment policy; (2) a duly executed "Authorization to Trade Public Funds" form provided by FSAM; or (3) a resolution of the governing body of the City. FSAM may rely on such authorization until written notice to the contrary is delivered to FSAM by the City; and if the City does not deliver appropriate authorizing documentation, FSAM may accept instructions from any person reasonably believed by FSAM to be an officer of the City. XI. Transactions Subject to Industry Regulations and Standards All transactions shall be subject to the regulations of all applicable government authorities and self - regulatory agencies including, but not limited to, the constitutions and rules of the clearing agent, exchange, or market where executed. The City understands that FSAM is registered as an investment advisor under the Advisers Act, and as such is obligated to comply with all applicable laws and regulations, including those of the SEC and other regulatory and self - regulatory agencies, and agrees that FSAM shall not be liable to the City as a result of any action taken by FSAM to comply with any ruling, interpretation, or directive of such organizations. Further, the City understands and agrees that FSAM will not accept any instructions from the City which would require a violation of any such rules or regulations. XII. Assignment Neither FSAM nor the City may assign any of its rights, authorizations, or obligations under this Agreement without the prior written consent of the other party. XIIL Term and City's Right of Cancellation This Agreement shall become effective as of the date hereof and continue for a period of two (2) years. This Agreement may be extended for additional two (2) year periods upon approval by the City. Either party may terminate this Agreement upon delivering to the other party thirty (30) calendar days' prior written notice. In addition, the City may terminate this Agreement without penalty for a period of five (5) business days after the date it is executed by the City. The City may exercise this right by giving written notice to FSAM within the required time period. In the event of termination, it is understood and agreed that only the amounts due to FSAM for services provided and expenses incurred to and including the date of termination, plus those costs and expenses incurred or sustained as a result of the termination, will be due and payable. No penalty will be S! assessed for termination of this Agreement. In addition, the parties hereto agree that upon termination of this Agreement FSAM shall have no continuing obligation to the City regarding the investment of funds or performing any other services contemplated herein. XIV. Custodial Arrangements Custody of the Funds' invested assets will be maintained with a custodian selected by the City and identified to FSAM (the "Custodian "). FSAM will not have custody of any assets in the Funds. The City will be solely responsible for paying all fees or charges of the Custodian. The City authorizes FSAM to give Custodian instructions for the purchase, sale, conversion, redemption, exchange or retention of any security, cash or cash equivalent or other investment for the Funds. XV. Miscellaneous A. Notices to the City. All written communication to the City shall be sent to the City's address set forth on the signature page hereof or as directed in writing to FSAM by the City. Any notice, statement, or other communication mailed to the City by FSAM in accordance with this section will be deemed to be given to the City personally on the date it so mailed, whether or not it is actually received by the City. B. Notices to FSAM. Any notice, statement, or other communication from the City to FSAM under this Agreement must be in written form and will be deemed to be given to FSAM upon actual receipt thereof by FSAM whether such notice was mailed, personally delivered, or telecopied to: FirstSouthwest Asset Management, Inc. 300 West Sixth Street, Suite 1940 Austin, Texas 78701 Attention: Mr. Scott McIntyre Fax Number: (512) 481 -2020 C. Confidential Relationship. All of the information and advice furnished by either party to the other under this Agreement, including their respective agents and employees, will be treated as strictly confidential by each party and will not be disclosed to third parties under any circumstances except as required by law. D. Limitations of Liability. Federal and state securities laws impose liabilities under certain circumstances on persons who do not act in good faith and, therefore, nothing in this Agreement shall in any way constitute a waiver or limitation of any rights that the City may have under federal and state securities laws. E. Indemnity. The City will indemnify FSAM for any loss, liability, or expense (including attorney's fees) which FSAM may incur as a result of, or arising from, any claims asserted by any third party with respect to the Funds or the services rendered by FSAM under this Agreement, except in cases of gross negligence or willful misconduct by FSAM in managing the City's Funds. F. Inconsistent Provisions; Agreements. If any provisions of this Agreement should become or be found to be inconsistent with laws, rules, or regulations of any government or regulatory body having jurisdiction over the subject matter herein, such provisions shall be deemed modified or rescinded in accordance with any such laws, rules, or regulations. To the extent that the provisions of this Agreement are inconsistent with the provisions of any account agreement or clearing agreement with FSAM or its clearing agent, as the case may be, then FSAM shall provide notice to the City to resolve the conflict. G. Invalid Provisions. If any provision or condition of this Agreement shall be held to be invalid or unenforceable by any Court, or regulatory or self - regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining -5- provisions and conditions shall not be affected, and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein. H. Waiver of Terms. FSAM's failure to insist at any time upon strict compliance with any terms of this Agreement shall not constitute a waiver of any of FSAM's rights as described herein. I. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to its principles of conflicts of laws. J. Extraordinary Events. Neither FSAM nor any of its officers, directors, shareholders, affiliates, general partners, employees, agents, or trustees shall be liable for losses caused directly or indirectly by government restrictions, securities exchange or market actions, suspensions of trading, wars, strikes, delays in the transmission of orders due to breakdown or failure of transmission or communication facilities, or any other causes beyond FSAM's reasonable control or anticipation. K. Written Disclosure Statement. Simultaneously with the execution of this Agreement, FSAM has delivered to the City Part II of its Form ADV as filed with the SEC, or a similar disclosure document, as its brochure pursuant to Rule 204.3 of the Advisers Act. The City's execution of this Agreement shall be deemed acknowledgment of receipt thereof. L. Verification of Information. The City represents and warrants to FSAM that all information furnished to FSAM in connection with the Agreement (and all documents supplied by the City in this regard, including financial statements) are true, complete, and correct. FSAM is entitled to rely on this information until FSAM receives written notice of any change, which the City agrees to furnish promptly should any material changes occur. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. THE NEXT PAGE IS A SIGNATURE PAGE.] I on By signing this Agreement, the undersigned City official acknowledges receipt of a copy of this Agreement, including Schedule A. CITY OF DENTON, TEXAS 215 E McKinney Denton, TX 76201 Signature of Officer (Name) (Title) FIRSTSOUTHWEST ASSET MANAGEMENT, INC. Sjgnaelre of Officer Scott McIntyre Senior Vice-President APPROVED AS TO CITY ATTORNEY CITY OF DENTON, BY: -7- Date Date SCHEDULE A FEE SCHEDULE AND EXPENSE ITEMS In consideration for the services rendered by FirstSouthwest Asset Management, Inc. ( "FSAM ") in connection with the investment of the Portfolio for the City, it is understood and agreed that its fee will be at fixed quarterly rate of $6,500. The fees due FSAM shall be due and payable 30 days following the conclusion of each calendar quarter. Said fee includes all costs of services related to the investment services provided under this Agreement. Any other fees earned by FSAM relating to City transactions, shall be disclosed to the City. Fee Calculation for Investment of Bond Proceeds into Flexible Repurchase Agreements ( "Flex Repos ") and Guaranteed Investment Contracts ( "GIC's "): In the event that specific bond proceeds are invested by FSAM as per instruction of the Investor into either a Flex Repo or GIC, FSAM shall be entitled to the lesser of $36,000 or 0.2 percent (0.002) of the aggregate amount reasonably expected as of the issue date to be deposited over the term of the contract. This fully disclosed fee would be paid to FSAM by the winning bidder. -8- Consent Agenda C AGENDA INFORMATION SHEET AGENDA DATE: March 18, 2014 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Terry Kader at 349 -8729 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of one (1) flushing /vacuum truck for the City of Denton Wastewater Collections Department; and providing an effective date (File 5508- awarded to Rush Truck Center in the amount of $157,959). The Public Utilities Board recommends approval (6 -0). FILE INFORMATION This item is for the purchase of one (1) flushing/vacuum truck for the City of Denton Wastewater Department. A Vac -Con flushing/vacuum body will be mounted on a Peterbilt 348 chassis and will be purchased from Buy Board Contract 430 -13. This truck is a replacement for 2011 International model that has experienced 27 percent downtime since it was put in service in October 2011. The 2011 International will be traded in at a value of $145,000 which reduces the total replacement cost of the new truck from $302,959 to $157,959. Comparison pricing was obtained from three (3) cooperative contract vendors with Rush Truck Center providing the lowest price and best value for the City of Denton (Exhibit 1). This equipment is not available from local vendors. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 10, 2014, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award the purchase of a Peterbilt Model 348 chassis with Vac -Con PD3690HN flushing /vacuum body from Rush Truck Center in the amount of $157,959. PRINCIPAL PLACE OF BUSINESS Rush Truck Center San Antonio, TX Agenda Information Sheet March 18, 2014 Page 2 ESTIMATED SCHEDULE OF PROJECT The purchase and delivery of the chassis with flushing /vacuum body will occur within 90 days of purchase order issuance. FISCAL INFORMATION This item will be funded from operating account 64521645.1355.30100. Requisition 4117937 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Comparison sheet and Quotes Exhibit 2: Public Utilities Board Draft Minutes Exhibit 3: Ordinance Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance mTMI 2 W Y ZD U z H 2 (17 J LL O! 0 z O H O! 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F- Z) z0 Quote 1 TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE BUYBOARD Vendor RUSH TRUCK CENTER Date Prepared 212812014 Contact for Vendor: DREWNEUBAUER Phone 830 - 626 -5254 End User: City ofDenton End User Contact: Phone /Fax Product Description: Peterbilt 348 A: Base Price in Bid /Proposal Number: 430 -13 Series: 348 $71,360.00 B: Published Options(Itemize Below) DESCRIPTION AMOUNT OPT# DESCRIPTION AMOUNT Peterbilt PX 9 345 HP / 1000 TQ $ 4,229.00 Peterbilt 10 3/4 rails with full liner $ 2,306.00 $0.00 ISubtotal Column 2: Peterbilt 20 K Front Axle 8: Springs $ 2,823.00 Peterbilt Allison 3000 RDS $ 9,713.00 RTcoo51 PD1 $ 1,236.00 RTC1057 Vac -Con PD3690HN $213,000.00 Subtotal Column 1: $ 233,307.00 1 Subtotal Column 2: $ - Published Options added to Base Price(Subtota/ of "Col I"& "Col 2 ") $ 233,307.00 C: Subtotal of A + B $304,667.00 D: Bodies Subtotal Column 1: $0.00 ISubtotal Column 2: $ - Bodies and Options added to Base price (Subtotal "Col 1 + Col 2') $ - E: Contract Price Adjustment (If any, explain here) CLS Pricina adiustment 1 $ (2.108.00) F: Total of C + D +/- E 1 $ 302,559.00 G: Quantity orderer Units: 1.00 x F 1 $ 302,559.00 H: BUYBOARD Administrative Fee % 1 $ 400.00 11: Non - Equipment Charges & Credits (I.e.: Ext. Warranty, Trade -In, Delivery, etc.) 1 2011 International Vac -Con Trade I 1XI $ (145.000.00) 145,000.0 J: TOTAL PURCHASE PRICE INCLUDING (G +H +I) 1 $157,959.00 Quote 2 HUCBuy CONTRACT PRICING WORKSHEET For MOTOR VEHICLES Only Contract No.: Hill -12 Date € prepared: 2/26/2014 This Worksheet is prepared by Cvntrrrctor and given to End User. If u PO is issued, both documents MUST be faxed to H GAC ,713 -03- 4544. Therefore please type or print legibly 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 Finait: charlrs .rosendahlrcbcitvofdenton.com Email: plousec(o_rush- enterprises.com Product M4 Code: i IF Description: EPETERBILT 348 CHASSIS [WITH GAP -VAX SC01 -02 B0021 E1: Product• I ni -Biise •Utiif PPice fer•Ctin'tractor's H -GAC t'ontract:' • ' • ' $ 85,386.00 ........................................... ............................... $: Bulllislted' Options - 'liemize •llelow . -• Attach' additional she�t(s).it ttecess ry - tn lurle.O.ption. Gotle ilr tlesGriptio i£ applicallle.. ' . ' . ........................................... ............................... Note: Pubiisjxed Optipn s; are op�tiotts which werv'sulttlitted apd. prilced iA'Golittagwyls. bid,)-. ........................................... ............................... Description Cost Description Cost GAP -VAX {SCOT -12 b002 PAGES 3 & 41 $ 59,475.00 E$ - Subtotal From Additional Sheet(s): $ 38,285.66 Subtotal B: E $ 97,760.66 ........................................... ............................... . . . .pt�l5lis . . Op . . . r Itehaize.l. . .. /.. . . ..addittbxial sh. . . ..nec'essar . .:.:.:.:.:.:.:.:.:.:.:.:.:.:. :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: . (N6te:.Uapdbtishei3.6ptions aie'itdms.wliich. cadre' not 'subxinifted. dud.priceiL in ........................................... ............................... Description Cost Description Cost Subtotal From Additional Sheet(s): Subtotal C: E $ Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit E For this transaction the percentage is: 0.00% Price plus Published Options (A +B). b. Total Cost•$efore Any•Applicable.Tra�e In• % Otfier•Alfowances /biscounts.(A +$ +C) . •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. Quantity Ordered: X Subtotal of A + B + C: $ 183,146.66 = Subtotal D: E $ 183,146.66 E: H -G�TC Orde'r•Proces'sirig. Charge.(Anioittit•Pe'r•C•urrerit Policy)•. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. •. Subtotal E: E $ 600.00 F.' T' rad&f n9IOther' Allowarices7. SpeciatDiscouritgI Fteight/ ........................................... ............................... Description Cost Description Cost RUSH TRUCK CENTER DISCOUNT E S (25,699.66) Subtotal F: E $ (25,699.66) . .' . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delivery' Date. to' GAP NAX:.: 95 Days ARO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' G:' Tb1:al'Purchasek ( $158,047.00 RUSH TRUCK CENTER, HOUSTON [& GAP -VAX] PAGE 1 of 24 PAGES DENTON, CITY OF February 26, 2014 PETERBILT COMPUTATIONS: PETERBILT 348 CHASSIS: [FOR GAP -VAX] OPTIONS CALCULATIONS: COMPLETE CHASSIS LIST PRICE: $ 130,089.00 CHASSIS LIST: $ 91,022.00 CHASSIS OPTIONS LIST: $ 39,067.00 LIST $ 39,067.00 0.980 $ 38,285.66 CONTRACT MARK- UP /DISCOUNT:.980 RUSH TRUCK CENTER, HOUSTON [& GAP -VAX] PAGE 2 of 24 PAGES HGACBuy CONTRACT PRICING WORKSHEET For Standard Equipment Purchases Contract € SCO1 -12 No.: Date 2/5/2014 Prepared: This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H -GAC @ 713- 993 -4548. Therefore please type or print legibly. Buying :City of Denton Agency: Contractor: ?GapVax, Inc. contact ;Charles Rosendahl Person: Prepares :Betty Smith By: Phone: :940- 349 -8007 Phone: :814 -535 -6766 Fax: :940- 349 -8596 Fax: :814 -539 -3617 Email: : charles xosendahl @cityofdenton. com Email: ::betty@gapvax.com Product B002 Code: i IF Description: :MC1007 - 1000 Gallons Water / 7 Cubic Yards Debris, single engine A. Product Item' 'Base'Unit price'Per. Contractor's $- GAC Ctiniract: 185705 B: Pulilislied•O�tioits - itemize •below:- Attach :additional ,slieet,if necessary = •Inclitde'0p'tioti Code• n,descriptio-ti •it'•applicable- Wote•::Published Optionsa ' - optionswh eli were submitted• and•prfoed in,CotitraeWs bid.l Description Cost Description Cost MCI 007A3 Level Indicator - Float Type mounted on tailgate i 570 MC1007H4 Rear Arrow Light - Halogen - 44" Wide MC1007A 11 Filter Screens - Interior for Pump Off 570 Low Profile 119 and Drain Valve (flange, elbow and screen) MCI007H18 Rear LED Flashers(4 single non -sync light headsi MCI 007A13 Splash Shield - Rear Door 780 SS Mounting Boxes 1295 MC1007A18 Purge Valve at Gravity Drain Valve 350 MC1007I2 Tool Box - Steel, 36" Wide x 18" Tall x 24" Deep 730 MCI 007A21 Ladder to Inspection Port Curbside 1945 MC1007I20 Rear Drain Hose Rack for 6" Layflat Hose 190 MC10071323 Baffles in Water Tank - non - corroding 955 MCI007JO Front Bumper 600 MC1007GI Low Water Level Display on Control Panel 565 MCI 007J4 Tow Hooks Rear 380 MC1007E6 Remote Lube for Boom Lift and Rotation 2580 MCI 007J12 Metal Mud Flaps in Front of Rear Tires 350 MCI 007H2 Strobe Beacon Light - Rear - 595 Subtotal From Additional Sheet(s): Subtotal B: i 13645 ........................................... ............................... C. I7apu'blished'Qptions' -. Itemize -b' dow .- Attat'h.ad'di6onal.she'et.if necessary. . ........................................... ............................... (Nate: 'Unpublished' options are.items which w�re'not submitted. aud.priced iu'Contracttle s bid.) . ........................................... ............................... Description Cost Description Cost Upgrade Basket to hold 50' Fire Hose 95 100' x 1/2" Hand Gun Reel, Retractable with Dual 12" Stainless Steel Float Ball Shut Off in 100' x 1/2" Hose 1675 Debris Tank 1190 Interior Hose Expansion Ribs 540 Giant GP8000 Series Water Pump rated 50 GPM /3,000 PSI 620 Upgrade Allison 10 Bolt PTO 108 Cold Weather Recirculation via Automatic Transmission 1025 Subtotal From Additional Sheet(s): 468 GapVax Reel -Count Digital Footage Counter 3100 Subtotal C: i 14005 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit; Price plus Published Options (A +B). For this transaction the percentage is: 7% D: Tntal•Cnst, before •anyother•4pplicable.Charges; Trade - Ins, Allow'aMes ,•Discounts..Etc.,(A +B +C), Quantity Ordered: X SubtotalofA+B+C:ll 213355 11 = Subtotal D: i 213355 E.- Tirade -I•ris %•Special Qiscoun' is f0ther' AW4ah. es / Wefglit 7 nstall' fori• /Miscellaneous Charges, , , , ....................'. Description Cost Description Cost Deduct from Standard 1" Sewer Hose 2500 PSI x 600' -2105 Trade 2011 Vaccon - 138000 Delivery Charges 4050 Discount 17825 Subtotal E: i - 153880 . . . . .'.'.'.'.'.'.'. •Deliv'ery.: Date:: ....... V. TOti l.Purehase•Price:(D +E):: 59475 RUSH TRUCK CENTER, HOUSTON [& GAP -VAX] PAGE 3 of 24 PAGES #IGACBuy CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases Contract SCO1 -12 No,: Date 2/5/2014 Prepared: This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H -GAC @ 713- 993 -4548. Therefore please type or print legibly. Baying :City of Denton Agency: Contractor: :GapVax, Inc. Contact :Mr Charles Rosendahl Person: Prepares :Betty Smith By: Phone: :940- 349 -8007 Phone: 814 -535 -6766 Fax: :940- 349 -8596 Fax: :814 -539 -3617 Email: Email: ;betty @gapvax.com Catalog / Price Sheet B002 Name: General Description of Product: MC1007,1000 gallon water, 7 Cubic Yard Debris, Single Engine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A: Catalog 7 •Price Rheef Iieius tieiiig liurehased - .fteinize -Below - •Atfach:Addifioiial• Slieet• If Ne'eessary: • : • : • : • : • : • : • : • : • : • : • : • : • : • : • : • : • : • : .. ...... ...... .. ............. ........................................... ............................... ........................................... ............................... Quan Description Unit Pr I Total 0 0 0 0 0 0 0 0 0 0 0 0 Total From Other Sheets, If Any: Subtotal All ........................................... ............................... B.. Uripilblish&f Options, Aecessory'or Service ifeihs . fteniiz a Behiw . Attach.Additiotial' Sheet' If Nece9sary. ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' ............................................ .............................'. (Note:'UhVublished' lrelns'afe any. which were riot 'stibinitted'atid'pric8d'iti cWitractof'�'bid.) . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ' . ... ............................. ..............................' Quan Description Unit Pr Total 1 :Fill Hose 50'x 2 -1/2" 300: 300 1 :Leader Hose 10'x 3/4" AND Tiger Tail ( total two tiger tails) 250: 250 1 :3/4" Sewer Hose - 3,000 PSI x 800 ft Plastic 2780: 278 1 :Upgrade 3000 PSI Adjustable Water Spray Gun in Lieu of Standard 800 PSI Max System 1350: 135 Total From Other Sheets, If Any: Subtotal 13:11 468 Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of For this transaction the percentage is: the Base Unit Price plus Published Options (A +B). ........................................... ............................... iD•. Txade =ins /.Spe 'rial Aiscounts /• Other Albow'auce's I' re,ight / Installation. /• A'scellan+eaus Charges' ........................................... ............................... Subtotal C: ......I. `1`ofirt purchase price':(A-�B +C):: 468 RUSH TKUGK GENTEK, HOU5TUN L& GAP -VAX] PAGE 4 Of Z4 VAUE5 Quote 3 FREIGHTLINER OF AUSTIN 1701 Smith Rd. (Hwy. 183 So.) Bus: 512-389-0000 Austin, Texas 78721 FAX: 512-389-2663 Invoice Number ADDRESS: Wets: 1-800-395-2005 F- uv Board contract z UOU inc 9 �%l C ittitl` Y pr(�, u je I VY'f k , nul rl nerl'i 1! it .,%, J i-IRis"d jot � r, 1 t, 77F7 plovilm uisciatmer or warranties Any warranties on the products sold hereby are those made by the factory. The Seller, Freightliner of Austin, hereby expressly disclaims all warranties, either expressed or implied including any implied warranty of merchantability or fitness for a particular purpose, and Freightflner of Austin, neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of this vehicle. CUSTOMER SIGNATURE ISALESMAN SIGNATURE --------------- - CONTRACTUAL DISCLOSURE STATEMENT FOR USED VEHICLE ONLY. "The information you see on the window form for this vehicle 1s part of this contract. I r gormation on Lhe window form evenness any contrary provisions in the contract of sale. MILEAGE: YOu%R I-_MAKE MODEL /BODY VIN TRADEAN KA I C 2011 Nav 7400 Vac -con 1 TLI1 AL 335,047.00 PAYOFF TO: Trade Allomawx 14 0, 0,004 00 ADDRESS: -Trading Difference 195,047.00 Sales Tax GOOD UNTIL: Vehicle Inventory Tax QUOTED BY: License Fee SHOW LEIN TO: Body Type: Documentary Fee ADDRESS: License Wt.: Federal Excise Tax State Insp.: T: AL SALE PRICE 195,047,00 DATED: LIEN AMOUNT $ License: I Payoff on Trade DRAFT FOR $ Title: Ext. Service Agreement DRAFTTHRU: Transfer: Less Deposit ADDRESS: Total Balance Due 195,047.00 � ITJ 0 711il!'vIlT 117 Industry Road Marietta, OH 45750 USA Phone: 740 -374 -2306 800- 752 -2400 Fax: 740 - 374 -5447 QUOTATION - AQUATECH - F -10 ESW Demo QUOTE NO: DATE:02/18/14 CUSTOMER (END USER) TEXAS- DEALER- Citv Of Denton Equipment Southwest, Inc. 215 E. McKinnev Street 425 S. Loop 12 Denton; Texas 76201 Irving_, Texas 75060 Auth; Texas Buvboard Dealer Contract# 421 -13 Attn: Charles Rosendahl #940 - 349 -8422 Sales Rep: Dale Patterson 214 - 356 -9062 JPER:Dale Patterson ]PHONE: 972 - 554 -0725 QUOTE # SUBMITTED EST. SHIP DATE SERIAL NO„ MODEL RSM I TERRITORY 45 - 60 Days After Receipt Of Purchase Order 1 F -10 PO I Texas SHIPPED SHIPPED SHIPMENT SHIPPING CHARGE PAYMENT TERMS FROM VIA 80 GPM (a) 2000 PSI water pump ITEM QUANTITY PART # DESCRIPTION: LIST EACH TOTAL 1 F10 Aquatech model F10 with the following: $ 198,053.10 __..._ 80 GPM (a) 2000 PSI water pump $ 1 340405 ROOTS Model 824 (3600cfm) $ 12,303.00 1 270760 24 "Wx20.5 "Dx10 "H aluminum tool box (space permitting) $ 718.00 1 000364 -2 Side mounts tube racks, both sides $ 1,477.00 1 __...... _�...... 243924-1 Access steps - tank too v $ 539.00 1 221370 Fill Line Strainer $ 295.00 1 130635 -- - - - - -- B10 (F10) Internal tank flusher, high flow -- -- $ 2,190.00 1 000368 Pump -off system (180 GPM) w /20' lav flat hose $ 4,719.00 1 245901 -4 Debris tank vibrator $ 4,585.00 1 120045 Water pump over pressure indicator light $ 607.00 1 OBJIaC IntelACount digital hose counter $ 3,328.00 1 215555 -13 -FR Unloader valve - Front reel $ 5,725.00 1 130561 1/2" hose reel -100' cap. ( +35' suoolled hose wash down) $ 1,152.00 1 130572 1/2" retractable hose reel - 100' cap. (hvdro - excavation) $ 2,409.00 �m 1 239902 Air Aurae system, runs off air brakes to purge pump $ 353.00 1 NPN Hvdro- Excavation Kit w /50' x 1/2" hose, no reel $ 4,621.00 1 NPN 12V cold weather recirculation package $ 1,629.00 1 175271 800'x 1" of 2500 PSI hose installed on unit $ 1,811.00 1 1761_10 20' leader hose 1" $ 256.00 1 NPN 1/2" x 100' hose assembly with fittina's (use for hydro- excav) $ 787.00 (Place the 50' of hose from hvdro -kit on wash down reel) $ 1 120063 Low water warnina liaht $ 542.00 1 120051 Water pump hour meter $ 489.00 1 120705 12 volt electrical outlet (front mounted) $ 233.00 1 120058 PTO hour meter $ 543.00 1 121704 Tank -up warning light $ 819.00 1 120111 20' retractable cord & halogen spotlight $ 396.00 1 120378 Dual retractable halogen work liqhts on boom $ 711.00 3 120401 Flood light (1 -front work station,) -side station,) -rear station) $ 453.00 $ 1,359.00 1 120395 -5 'LED light board, installed on unit $ 1,867.00 1 120101 Control panel liahts $ 344.00 1 LED000 All DOT liahts to be LED $ 899.00 1 383098 Strobe liaht bar on chassis cab $ 1,408.00 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 8" intake tube handle $ 445.00 1 384071 8" fluidizer nozzle $ 448.00 2 191080 8" coupler O -rings $ 22.00 $ 44.00 1 176150 25' Hydrant Flll Hose Assy. $ 205.00 2 220260 Traffic Cone Holder $ 500.00 $ 1,000.00 1 220271 Left tow hook $ 217.00 1 220281 Riaht tow hook $ 217.00 1 220330 Hvdrant wrench $ 85.00 2 220327 5 Lb. ABC fire extinauisher $ 256.00 $ 512.00 1 NPN Provision TV210 back -up camera $ 2,191.00 1 380903 Petcock valve on Y- strainer cap $ 146.00 1 NPN Telescopic Hose Reel - F ronl i / sn nf{ ®.: ,fr.�, nv. $ 13,800.00 2 221800 Manhole cover removal hook $ 61.00 130001 12" nozzle extension, 1" 70.00 238078 x 1 —0"H aluminum tool box (space Dermittina) $ 876.00 NPN Trianale Kits 156.00 $ 312.00 136360 Bavonet nozzle, 1" 8002000 359.00 180549-S 72"Wx15"Dx36"H Behind the cab aluminum tool box— $ 2,235.00 NPN Remote Central Lubrication Manifold $ 3,885.00 120096 Lowwater warnina horn $ 715.00 383168 Strobe liahts in front arille $ 1,083.00 381526 Strobe liahts in rear bumDer $ 1,152.00 136061 1" spin clean nozzle, 80 GPM $ 1,218.00 TOTAL LIST 1 28%66610 Buyboard Contract Discount $ (51.900.10 Buyboard Chassis Fee Dealer $ 400.00 (Freightliner Of Austin To Supply Chassis Mr. Tom Standard) Chassis $ 92.981.00 Freight $ 3.900.00 TOTAL AQUATECH $ 335,047.00 /VO L"�qroL � 6 1 e, 6t /� 1, /1 1<1' -� Exhibit 2 DRAFT MINUTES PUBLIC UTILITIES BOARD March 10, 2014 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, March 10, 2014 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Leonard Herring, Barbara Russell and Lilia Bynum Absent: Chairman Dick Smith Ex Officio Members: Howard Martin, ACM Utilities Absent: George Campbell City Manager OPEN MEETING: CONSENT AGENDA: Consider the recommendation of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buyboard Purchasing Program for the acquisition one (1) flushing/vacuum truck for City of Denton Wastewater Collections Department and (1) dump truck for the City of Denton Water Distribution Department; and providing and effective date (File 5508- Purchase of one (1) flushing/vacuum truck from CLS Sewer Equipment Co for $157,907.00)(File -5509 Purchase of one (1) dump truck from Rush Truck Center for $133,649.) Motion was made to approve item 1 by Board Member Robinson with the second by Board Member Gallivan. The vote was 6 -0 approved. Adjournment 10:47 a.m. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF ONE (1) FLUSHING /VACUUM TRUCK FOR THE CITY OF DENTON WASTEWATER COLLECTIONS DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE (FILE 5508- AWARDED TO RUSH TRUCK CENTER IN THE AMOUNT OF $157,959). WHEREAS, pursuant to Ordinance 2005 -034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the "File Number" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 5508 Rush Truck Center $157,959 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5508 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2014. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 4 -ORD -File 5508 AGENDA INFORMATION SHEET AGENDA DATE: March 18, 2014 DEPARTMENT: ACM: SUBJECT Materials Management Bryan Langley �L Consent Agenda D Questions concerning this acquisition may be directed to Terry Kader at 349 -8729 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of one (1) dump truck for the City of Denton Water Distribution Department; and providing an effective date (File 5509- awarded to Rush Truck Center, Crane in the amount of $133,649). The Public Utilities Board recommends approval 6 -0. FILE INFORMATION This item is for the purchase of one (1) Peterbilt Model 348 dump truck for the City of Denton Water Distribution Department which was approved in the Fiscal Year 2013 -2014 budget. The truck will be used on a daily basis for the installation of new water lines. It is a replacement for a 2003 Freightliner FL80 that has met the Fleet Department's replacement criteria as it applies to age and maintenance cost. The 2003 Freightliner will be sold at auction. Comparison pricing was obtained from the Cooperative Purchasing Network vendor, Rush Truck Center, Crane for its non - contract pricing. It was three percent (3 %) higher than the Buy Board contract pricing. The vehicle is not available from local vendors. This purchase is considered a single source purchase due to Fleet's standardization to a Peterbilt chassis (Exhibit 2). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 10, 2014, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Approve the purchase of one (1) dump truck for the City of Denton Water Distribution Department from Rush Truck Center, Crane in the amount of $133,649. PRINCIPAL PLACE OF BUSINESS Rush Truck Center, Crane San Antonio, TX Agenda Information Sheet March 18, 2014 Page 2 ESTIMATED SCHEDULE OF PROJECT The purchase and delivery of the dump truck will occur within 90 days of purchase order issuance. FISCAL INFORMATION The dump truck will be funded from operating account 635048635.1355.30100. Requisition 4 117422 has been entered in the Purchasing software system. FXHIRITC Exhibit 1: Comparisons and Quotes for Dump Truck Exhibit 2: Standardization Memo Exhibit 3: Public Utilities Board Draft Minutes Exhibit 4: Ordinance Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance r M- W 2 X W t 1 r' ■ a r, • A CD CD °CD CD CD 0 0 CD O CT O O O i O VII C) 4A- m ko N h 00 4A- to U) a ::3 rr C U H e 1 N U N U Ln N C1 Q 4- O C7 41 C Q N O (, g C O ® C 07 i �� 00 � d M (d N O O 03 O i7 O 6 N 0 2 C O 'n dLn 4- O NOD o �' W c ® Lr) E Q^ ® C) :3 ® C fu U) _-- 00 _ -- C7 CJ O C7 O.._. C) CS ~ ® ® V N N C) O O O Cl O m � U I� CX7 � kD d ® N in M N U N O FCy a 10 cn a) CL Q O .-i Q M r Q C C7 N e (U M 7 D ® j O 0 d M � � � O A O `n V�� of a) m O UD W c ID ® ll) E Q ® �+ :3 ® e to U) W W F- W Z u- U O b W J Q a Z � U Z Z Z m +� LUO m W Z Z Z can z° Rush Truck Center, Crane PO Box 200105 Quote 1 1TRUCV � San Antonio, TX 78220 Customer Proposal Letter '" 877- 661 -4511 Denton, City of 901 -B Texas St Denton, TX 76201 -4354 940 - 349 -7100 Terry Kader Terry Kader, thank you for the opportunity to earn your business. We look forward to working with you on your business needs. Please accept the following proposal. Make Peterbilt Model 348 Year 2015 Additional Vehicle and Accessories Description Stock Number To Be Determined To be delivered on or about 4/30/2014 New 2015 Peterbilt model 348 Water with OX Dump Body includes body, and warranties Includes body quote #47409 $21,075.59 for Water Department, body color determined by the City. Available on BuyBoard contract #430 -13 Quantity 1 Total Truck Price per Unit $127,779.00 $127,779.00 F.E.T. (Factory & Dealer Paid) $0.00 $0.00 Net Sales Price $127,779.00 $127,779.00 Optional Extended Warranty(ies) $5,820.00 $5,820.00 State Sales Tax Documentary Fee $50.00 $50.00 Administration Fee Vehicle Inventory Tax Additional Taxes Tire Recycling Program Battery Disposal Fee Out of State Vehicle Fee Rebate(s) Total Sales Price (Including Rebate(s)) $133,649.00 $133,649.00 Trade Allowance (see DISCLAIMER Below) $0.00 Sales Representative Hal Holloway signature printed name Purchaser signature printed name title date Accepted by Sales Manager or General Manager signature printed name Quote good until 2/28/2014 Note: The above Customer Proposal is a quotation only. Sale terms subject to approval of Sales Manager of Dealer. DISCLAIMER: Any order based on this Proposal subject to Customer executing Dealer's standard form Retail Purchase Order incorporating above terms. Any documentary fees, state tax, title, registration and license fees subject to adjustment and change. Actual F.E.T. to be paid by Dealer, subject to adjustment. Any F.E.T. variance will be responsibility of Dealer. Manufacturer has reserved the right to change the price to Dealer of any vehicle not currently in Dealer's stock, without notice to Dealer. If Quoted Vehicle(s) not currently in Dealer's stock, Dealer reserves right to change Quotation Total to reflect any price increases from Manufacturer. This Proposal is based upon Dealer's current and expected inventory, which is subject to change. Dealer not obligated to retain any specific vehicles in stock, nor maintain any specific inventory level. Dealer shall not be obligated to fulfill Proposal in event quoted vehicle(s) not in stock or available within requested delivery schedule at time Proposal accepted. Dealer shall not be liable for any delay in providing or inability to provide Quoted Vehicle(s), where such inability or delay is due, in whole or in part, to any cause beyond the reasonable control of Dealer or is without the gross negligence or intended misconduct of Dealer. Above listed Trade Value based upon current appraisal of Trade Vehicle(s). Dealer may adjust Trade Value of Trade Vehicle(s) to reflect changes in condition and /or mileage of Trade Vehicle(s) between date of current appraisal and acceptance of this Proposal by Customer. Printed on 1/24/2014 at 7:05 AM. Rush Truck Center, Crane PO Box 200105 Quote 2 1TRUCV � San Antonio, TX 78220 Customer Proposal Letter '" 877- 661 -4511 Denton, City of 901 -B Texas St Denton, TX 76201 -4354 940 - 349 -7100 Terry Kader Terry Kader, thank you for the opportunity to earn your business. We look forward to working with you on your business needs. Please accept the following proposal. Make Peterbilt Model 348 Year 2015 Additional Vehicle and Accessories Description Stock Number To Be Determined To be delivered on or about 4/30/2014 New 2015 Peterbilt model 348 Water with OX Dump Body includes body, and warranties Includes body quote #47409 $21,075.59 for Water Department, body color determined by the City. Available on BuyBoard contract #430 -13 Quantity 1 Total Truck Price per Unit $131,799.00 $131,799.00 F.E.T. (Factory & Dealer Paid) $0.00 $0.00 Net Sales Price $131,799.00 $131,799.00 Optional Extended Warranty(ies) $5,820.00 $5,820.00 State Sales Tax Documentary Fee $50.00 $50.00 Administration Fee Vehicle Inventory Tax Additional Taxes Tire Recycling Program Battery Disposal Fee Out of State Vehicle Fee Rebate(s) Total Sales Price (Including Rebate(s)) $137,669.00 $137,669.00 Trade Allowance (see DISCLAIMER Below) $0.00 Sales Representative Hal Holloway signature printed name Purchaser signature printed name title date Accepted by Sales Manager or General Manager signature printed name Quote good until 4/30/2014 Note: The above Customer Proposal is a quotation only. Sale terms subject to approval of Sales Manager of Dealer. DISCLAIMER: Any order based on this Proposal subject to Customer executing Dealer's standard form Retail Purchase Order incorporating above terms. Any documentary fees, state tax, title, registration and license fees subject to adjustment and change. Actual F.E.T. to be paid by Dealer, subject to adjustment. Any F.E.T. variance will be responsibility of Dealer. Manufacturer has reserved the right to change the price to Dealer of any vehicle not currently in Dealer's stock, without notice to Dealer. If Quoted Vehicle(s) not currently in Dealer's stock, Dealer reserves right to change Quotation Total to reflect any price increases from Manufacturer. This Proposal is based upon Dealer's current and expected inventory, which is subject to change. Dealer not obligated to retain any specific vehicles in stock, nor maintain any specific inventory level. Dealer shall not be obligated to fulfill Proposal in event quoted vehicle(s) not in stock or available within requested delivery schedule at time Proposal accepted. Dealer shall not be liable for any delay in providing or inability to provide Quoted Vehicle(s), where such inability or delay is due, in whole or in part, to any cause beyond the reasonable control of Dealer or is without the gross negligence or intended misconduct of Dealer. Above listed Trade Value based upon current appraisal of Trade Vehicle(s). Dealer may adjust Trade Value of Trade Vehicle(s) to reflect changes in condition and /or mileage of Trade Vehicle(s) between date of current appraisal and acceptance of this Proposal by Customer. Printed on 2/27/2014 at 6:53 AM. EXHIBIT 2 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 Peterbilt chassis for fleet replacements whenever an available model fits our replacement specifications 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 appropriate Peterbilt Truck Chassis is the best value and I am requesting authorization to make this purchase based on fleet standardization. Regards, Terry Kader Fleet Services Superintendent Exhibit 3 DRAFT MINUTES PUBLIC UTILITIES BOARD March 10, 2014 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, March 10, 2014 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Leonard Herring, Barbara Russell and Lilia Bynum Absent: Chairman Dick Smith Ex Officio Members: Howard Martin, ACM Utilities Absent: George Campbell City Manager OPEN MEETING: CONSENT AGENDA: Consider the recommendation of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buyboard Purchasing Program for the acquisition one (1) flushing/vacuum truck for City of Denton Wastewater Collections Department and (1) dump truck for the City of Denton Water Distribution Department; and providing and effective date (File 5508- Purchase of one (1) flushing/vacuum truck from CLS Sewer Equipment Co for $157,907.00)(File -5509 Purchase of one (1) dump truck from Rush Truck Center for $133,649.) Motion was made to approve item 1 by Board Member Robinson with the second by Board Member Gallivan. The vote was 6 -0 approved. Adjournment 10:47 a.m. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF ONE (1) DUMP TRUCK FOR THE CITY OF DENTON WATER DISTRIBUTION DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE (FILE 5509- AWARDED TO RUSH TRUCK CENTER, CRANE IN THE AMOUNT OF $133,649). WHEREAS, pursuant to Ordinance 2005 -034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the "File Number" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 5509 Rush Truck Center, Crane $133,649 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5509 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2014. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ile 5509 Consent Agenda E AGENDA INFORMATION SHEET AGENDA DATE: March 18, 2014 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter at 349 -7194 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for reroofing of the Lake Lewisville Water Treatment Plant (LLWTP); providing for the expenditure of funds therefor; and providing an effective date (RFP 5362- awarded to CBS Roofing Services in the not -to- exceed amount of $267,659.80. The Public Utilities Board recommends approval (6 -0). RFP INFORMATION The purpose of this RFP is to select a roofing contractor to replace the roof systems at the Lake Lewisville Water Treatment Plant (LLWTP). These roof systems are in excess of twenty -five (25) years old and were last rehabbed to meet 1988 Building Codes The work performed as a result of this RFP will upgrade the roofing systems to meet the City's new energy efficiency Building Code requirements and provide better protection for the Water Treatment Plant equipment located inside. Requests for Proposals were sent to 114 prospective contractors. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Eight (8) proposals were received (Exhibit 1- Pricing Sheet). The proposals were evaluated based upon the published criteria of 90% cost and 10% delivery. A Best and Final Offer was conducted and based upon this evaluation, CBS Roofing Services, a local vendor, was ranked the highest and determined to be the best value for the City. CBS has also performed similar roofing work on other City buildings with favorable results. Staff then met with CBS to review the scope of work and pricing. It was determined that an additional roof drain would need to be added as a result of a newly installed roof air conditioner package. CBS submitted an adjustment cost of $3,755.00 for that drain. This increased the total project cost to $267,659.80 (Exhibit 2). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 10, 2014, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. Agenda Information Sheet March 18, 2014 Page 2 RECOMMENDATION Award a public works contract for reroofing of the Lake Lewisville Water Treatment Plant to CBS Roofing Services in the not -to- exceed amount of $267,659.80. PRINCIPAL PLACE OF BUSINESS CBS Roofing Services Denton, TX ESTIMATED SCHEDULE OF PROJECT The estimated completion date for this project is twenty -five (25) days after issuance of the Notice to Proceed. FISCAL INFORMATION The cost of reroofing will be funded from account 630290517.1360.40100. Requisition# 118067 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Evaluation /Ranking sheet Exhibit 2: Best and Final Offer Exhibit 3: Public Utilities Board Draft Minutes Exhibit 4: Ordinance Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance d •O a` O O V O 0 J w d d `o w v a a m O v O V v O W E v w � E O T h i =o F Cp O O O O O O o m 00 w 0 a` a O m N M an O C 7 0 1D m °m aNi C V b N 0 V m M y 0 0 O O O .2 00 ciO o aO 0 0 bA X 0 O O O u 'O^ E O F y+ n to N a E m N m O 10 m O O O u n O to O to z0 O V U N N N N 0 0 ui a m m o m C O W C m O O O O m 2 0 ° N N N N N m O 0 = O ° m 00 to m 0 O v C W N 0 0 O m 1 M 2 O W N .0 7 V V N F 0 O O O O y £ O O O - O O O o m o 0 W o `0 N m °m m M oo cc m m a 0 Mf i m O N m N M M Cm C Q U O O N N N O m a` •C O 0 O 7 F 0 O J O 0 O R E Q u O 00 0 N F N •- 00 of Lfi N O w D O w N d. O Lr m 'c 7 M U N N N pp p C O O O m - O — O O O O R VI X m O O O VI F O ° vo n O 6 > Q W Q v E O 0 Y N V d o O U w T y v 0 C � `�° C � V V V N U U C U O` 2 w N v v u u v O u w— u O E 0 O O O O ~ 6 w w w C v u u Y- q 0 o O m O N N I� O V o C _ R 0 N m lD N > O O 0 c O o u 0 0 E E 0 E o VT VT N 0 x C O W W c d O O C '� 0 0 N a a m n d a p D1 � N ul e N V U N N N w w � ° 0 0 v - Z Z o o o O p o um a w O N 0 E t0 0 w o °u Y ° o L — m '« m Q w C T C T u L a :2 Ul o n 3 o N n ` o m T i O - O O O O w V Y Y Y C C O O C O Y d O T T O O + R N U U '-^ OD �D o 2 0 vii vii '6 I O -O O U c o o� 3 w 3 w m w m a n j d V - O O O w V1 O O O O m O o V1 Vf O O W Vf o N o o o O O O V1 O O O O V o V1 Vf O O V o f0 o O O m V1 In a o m I m O O O tD Ol V1 Vf O O O V1 m I T o o tD N O v v V1 Vf n o V YI u - O O W N V1 Vf YI K U - O V O O O Vf _ O O O O 0 0 V1 Vf m Vf Vf m N O O O V Vf - m N O O V1 O O LQ O m O O O N V1 Vf O O O w Vf O O Vf - O O O O O o w Vf O O Vf O 0 O O O O m O O V1 Vf O O W V Vf O O Vf 'o `v E 3 ov m m `o 0 o O m n n N n E c �o ? ao ai o vi n vi 0 E a o `O E ou �3 m = m m O V O V N V u -o v E O O _ u o v c O O O O O O N v o C > > 0 0 O O N ov m `o O O o m e n n 0 E o m m w ao v o -'o' 0 a o `o m m m � � m m V V om N E r v O o n n E W ml O O O O O O O O O O O O o O T O o N T N N Y O r o m m N m N m v = V w o O 0 O 0 O 0 N 0 o v m `o a n oo m m m oo m a o m c a o v m o c o m m V o O O O O O O O h E C O O O n ._ O O V O m u n c n W - O o N `O m m V Vf Vf N N v O O O O O O O O O O O O h O N o > Q O o O N N N V V Vf Vf N N OLL o O O O O Q -o °o� o °m W m N n O °o O °o o `o a m m '" O m m N m N V V _ o O O O O O O O O o o I °O n n oo oo 0 o 0 m 0 `"- m m o m o m O N N N V 1 N N N N oC-D I O W W O W O o m O m T o� m n O ao Of In m m u �° �� o o m a ai o v m ri kc I: O ri v m m V O V Vf Vf o N N N 0 N N 0 N N d o 0 v v Z o 0 0 _ O z z o O v o v � lu p v m W j, 2 o E j o ao '� Z c _ > c T u p n c a w W 'O d Q 'O _o cO T O T O ] w 0 z z v« u J m O O Y O Y 4 ` 2 V a U U o E Z _ v E `O m -O m -O o a• o i V N o c O 0 -vo Im� o v o v o 0 Eo 2 w Q O °ate -'o - 'U O v- o E v E_ a m K K C F d F d f V m f Q K V d V - O O 0 0 tD vt V1 Vf O O w V1 O O O O m O o V1 Vf O O W Vf O O O w Vf O O O O tD o V1 Vf O O O V1 O O O O V o V1 Vf O O o Vf O O o Vf V O O 0 0 w O V1 Vf O O m V1 O O O O V O V1 Vf O O O Vf O O O Vf � O O O tD Ol V1 Vf O O O V1 O O O V I V1 Vf O O Vf O O Vf - N O v v V1 Vf m m V1 O O o m o O m V1 Vf O 0 Vf O Vf u - O O W N V1 Vf O w V1 O O O O V O O V1 Vf O O O W Vf O O O Vf _ O O O O 0 0 V1 Vf O O v V1 O O O O W O O V1 Vf O O O V Vf O O O V Vf - O O LQ v O V1 Vf O O V1 O O LQ O m O O O N V1 Vf O O O w Vf O O Vf - O O LQ v o V1 Vf O O V1 O O LQ O m o o 0 N V1 Vf O O o w Vf O O Vf u - O O O O cl v V1 Vf O O W V1 O O O m O O V1 Vf O O W V Vf O O Vf 'o `v E 3 Y y v O - v u N 3 v v I ? v n o o n ` v r v E ou �3 v = v w V u -o v E O O N O O O o v c W W v a v m v v o C > > 0 0 a v v c v Y v r u v " `o N-O -O -O t OV -O m m m 0 o -'o' -,w w v duo c ` � � om m a E r J n n E W ml o Id z z z D 0 0 0 X 0 a D ¢ ¢ ¢ z z z a X z z z O O h,, Exhibit 3 DRAFT MINUTES PUBLIC UTILITIES BOARD March 10, 2014 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, March 10, 2014 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Leonard Herring, Barbara Russell and Lilia Bynum Absent: Chairman Dick Smith Ex Officio Members: Howard Martin, ACM Utilities Absent: George Campbell City Manager OPEN MEETING: CONSENT AGENDA: 2. Consider the recommendation for approval of RFP No. 5362 to CBS Roofing Services for the Lake Lewisville Water Treatment Plant Reroof Construction Project for $268,434.80. Motion was made to approve item 2 by Board Member Robinson with the second by Board Member Gallivan. The vote was 6 -0 approved. Adjournment 10:47 a.m. Exhibit 4 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FOR REROOFING OF THE LAKE LEWISVILLE WATER TREATMENT PLANT (LLWTP); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5362- AWARDED TO CBS ROOFING SERVICES IN THE NOT -TO- EXCEED AMOUNT OF $267,659.80.) WHEREAS, the City has solicited, received and tabulated competitive proposals for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described proposal is the highest scored proposal for the construction of the public works or improvements described in the Request for Proposal (RFP) document and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive proposal for the construction of public works or improvements, as described in the "Request for Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the RFP number assigned hereto, are hereby accepted and approved: RFP NUMBER CONTRACTOR AMOUNT 5362 CBS Roofing Services $267,659.80 SECTION 2. The acceptance and approval of the above competitive proposals shall not constitute a contract between the City and the person submitting the proposal for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Proposers including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the proposals accepted and approved herein, provided that such contracts are made in accordance with the Notice to Proposers and Request for Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. 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 RFP 5362 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive proposals and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved proposals and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: RFP 5362 AGENDA INFORMATION SHEET AGENDA DATE: March 18, 2014 DEPARTMENT: ACM: SUBJECT Materials Management Bryan Langley Consent Agenda F Questions concerning this acquisition may be directed to Elton Brock at 349 -7133 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for polymer concrete transformer pads for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (RFP 5232- awarded to Techline, Inc. in the three (3) year not -to- exceed amount of $250,000). RFP INFORMATION This RFP is for the annual contract to supply polymer concrete transformer pads used by Denton Municipal Electric. The pads are placed under pad- mounted transformers when installed in the field. There are two sizes of pads- a 48 "x 48" fibercrete pad that is used extensively, and a larger 83 "x 83" x 8 ", that is estimated at a quantity of five (5) per year. The items are stocked by the Distribution Center and used as needed. Requests for Proposals were sent to 225 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Two (2) proposals were received (Exhibit 1). The proposal submitted by Oldcastle Precast did not include a price for the 48 "X48" transformer pads. The proposals were evaluated based upon published criteria including performance, delivery, acceptance of standard terms and conditions, and price. Based upon this evaluation, Techline, Inc. was ranked the highest and determined to be the best value for the City (Exhibit 2). RECOMMENDATION Approve a contract with Techline, inc. for polymer concrete transformer pads in a three (3) not - to- exceed amount of $250,000. PRINCIPAL PLACE OF BUSINESS Techline, Inc. Fort Worth, TX Agenda Information Sheet March 18, 2014 Page 2 ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION The items in this RFP will be funded out of the Distribution Center Working Capital account and charged back to the using department. EXHIBITS Exhibit l: Pricing Sheet Exhibit 2: Evaluation /Ranking Sheet/ Best and Final Offer Exhibit 3: Ordinance Respectfully submitted: C.h"'k �� (3 , Chuck Springer, 349 -8260 Director of Finance FBI FBI x w i+ N U X N a :2 m U c(6 O U � C r L i 0 s � U LL 0 Q a oc W O Q F- Z O LL O a J z a P: a w Q N 0 0 O LL AW, W r z N CL �U Cc N a 0 L 0- N d M +, N V LM 7 a 'D LL 0 w a O M T Y T E y W y 0 O N O U Lfl .L N a Lo c O Y 0 O O M O U E W m 0 O O d UO N Ln N O N o m m � 0 N m M C N W t/� M oc L} 0) o o0 .a y 0 O N O U Lfl .L N a Lo c O Y 0 O O M O a E W m 0 Y op .. N UO N W 0 N O W 0 0 O O O O a m Ln op o W O N o m m Q N a W N X W t/� M oc L} 2 d C :T O m N O Lfl m l0 o o - 00 Q 00 a •L U �iC M oc � U 0) o o0 .a y 0 U 3 0 ' _ O CL � � ,*n E- ca U ca � O 1 0o v� L D O ti o0 N o0 V L C " " 0 W W D Cf °o �n V) W u E N Y 0 0 IO °O °O °O 0 0 0 0 loi O O O _0 _0 _0 O LO O N C C C n U U U C C C N O O O O O O O O d C N W Go L O 01 lD lD � m N N N W N N W N N N N N O O O O O O O O a` m W o0 N oa � b eel N � m N m 16 b v N N W N N N N N O O O O O O N W a` m cd v N O N O1 N N N N N N N O O O O a` m vi pj pp N O N N N N N %N v C L Ul H T Ul Ul .Q Ul L Ul O O � U C U p a W W O O fl- Q C O_ O C � U Ul W O u � O � 3 � CI N N Qj m of m �o U F-- -o -p U (6 � 6 O 't N U d T (p N U O Q d O d ti � Exhibit 3 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR POLYMER CONCRETE TRANSFORMER PADS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5232- AWARDED TO TECHLINE, INC. IN THE THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $250,000). WHEREAS, the City has solicited, received and tabulated competitive proposals for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible proposals for the materials, equipment, supplies or services as shown in the 'Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered proposals for materials, equipment, supplies, or services, shown in the "Request for Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible proposals for such items: BID NTTMBFR VFNDOR AMOUNT 5232 Techline, Inc. $250,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Request for Proposals and related documents. SECTION 3. Should the City and the winning proposer wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the RFP, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. Exhibit 3 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 5232 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposal. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2014. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ffiffi APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: (RFP # 5232) THIS CONTRACT is made and entered into this day of T A.D., 2014, by and between Techline, Inc a corporation, whose address is 5401 Martin Street, Ft, Worth, TX 76119, hereinafter referred to as "Supplier," and the CITY OF DENT, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: Supplier shall provide products in accordance with the City's RFP # 5232 Supply of Electric Utility Transformer Pads, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A") (b) City of Denton's RFP 5232 (on file at the office of the Purchasing Agent) (c) Standard Terms and Conditions (Exhibit "B") (d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C"). (e) Supplier's Proposal. (Exhibit "D"); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: JENNIFER WALTERS, CITY SECRETARY L.'", A Meg C, 4 L4041 M. RFP 5232 SUPPLIER BY: Zu� AUTHORIZED SIGNATURE Date: -7;6lar-A, 171k 6 - Name:- L&Aam C�4 Title:— lrn�(dQ- �19 S ) -1 - - PHONE NUMBER 5ki-- cyl 0). FAX NUMBER 11 �i ffll] I I 1] 0 1111111 BY: GEORGE C. CAMPBELL, CITY MANAGER Date: Exhibit A Special Terms and Conditions * Producer Price Index /PPI is defined by the U.S, Department of Labor: The Producer Price Index (PPI) is a family of indexes that measures the average change over time in selling prices received by domestic producers of goods and services. PPI measures price change from the perspective of the seller. This contrasts with other measures, such as the Consumer Price Index (CPI), that measure price change from the purchaser's perspective. Sellers' and purchasers' prices may differ due to government subsidies, sales and excise taxes, and distribution costs, I' • percentage of each cost associated with the unit prices quoted for consideration. Request must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must also provide supporting documentation as justification for the request. Upon receipt of such request, the City reserves the right to either: accept the escalation as competitive with the general market price at the time, and become effective upon the renewal date of the contract award or reject the increases within 30 calendar days after receipt of a properly submitted request. If a properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued. Pre-price increase prices must be honored on orders dated up to the official date of the City of Denton approval and/or cancellation. The request can be sent by e-mail to: purchasingnacityofiJenton.corn Or call: City of Denton Purchasing (940) 349-7100 The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. Total Contract Amount The contract total shall not exceed $250,000. Pricing shall be per Exhibit D attached. Delivery Lead Time Product shall be delivered to the City per the days noted in Exhibit D after receipt of the order. The Contractor shall incur contractual payment losses, as initiated by the City for performance that falls short of specified performance standards as outlined below: • Delivery beyond the contractual delivery times after receipt of order The Contractor shall be assessed a one (1%) percent fee each week when any one of the performance standards outlined above are not met in full. At the end of each month, the City will review the monthly reports and determine the percentage of penalty to be assessed to the Contractor's monthly profit margin. Exhibit B City of Denton Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's solicitation are applicable to Contracts/Purchase Orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after referred to as the Supplier. Any deviations must • in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the Supplier's Proposal response, Invoice • Statement shall serve to modify the terms set forth herein, If there is a conflict between the provisions on the face of the Contract/Purchase Order these written provisions will take precedence. By submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to purchase Services to be performed• •, premises ♦ • public rights-of-way. 1. SUPPLIER'S OBLIGATIONS, The Supplier shall fully and timely provide all deliverables described in the Solicitation and in the Supplier's Offer in strict accordance with the terms, covenants, and conditions of the Contract oind all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract, RAM myramlor-w1wo wolf price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Supplier's name and address, (b) the City's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) #"-W the packing list. The Supplier shall bear cost of packaging. Deliverables shall • suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count • weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Supplier is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of toss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. Tsc-TLmTruvVa--n7rrc W-N-C-7 the Supplier's price shall • deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender m delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a h,emcb and the Supplier shall not have the right to substitute u conforming tender; provided, where the time for podbooaoou has not yet expired, the Supplier may notify the Qty of the intention on cure and may d`eo make uconforming tender within the time allotted io the contract, 9. PLACE AND CONDITION OF WORK: The City shall provide the Supplier access tn the sites where the Supplier is to perform the services as required in order for the Supplier to perform the services in u6mdy and efficient manner, in accordance with and subject tnthe applicable security laws, rules, and regulations. The Supplier acknowledges that ithas omiofiQd itself nnmthe nature nfthe City's service requirements and apociDcminuo. the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition v, state of fact which could in any way affect performance of the Supplier's obligations under the contract. The Supplier hereby re}nmuox and holds the City bu,m|eox from and against any liability or claim for damages of any kind or uutnro if the actual site or service conditions differ from expected conditions. 100�� charges, if any, shall bz listed separately, /\ copy nf the bill of lading and the freight waybill, when applicable, and| be nttunbod to the invoice, The Supplier's numc, remittance address ooJ, if applicable, the tax idondficadoonumber ou the invoice must exactly match the iufo,muduo in the Vmudv,'n registration with the City. Do|esm otherwise instructed in writing, the City may rely on the remittance address apcodlod on the Supplier's invoice. C. Invoices for labor shall include a copy of all time-sheets with trade !ahm mm and deliverables order number oloudy identified. Invoices ohd) also iuo|u6o o tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Supplier shall pass through all Subcontract and other authorized expenses ou actual cost without markup. E. Federal excise taxes, State taxes, nr City sales taxes must not bu included iu the invoiced amount. The City will furnish a tax exemption certificate upon request. 14. TRAVEL EXPENSES: All travel, lodging and per them expenses iu connection with the Contract shall bcpaid by the Supplier, unless otherwise stated in the contract terms. 16�� I 6111-wltwtffi� or both map be withheld if the Supplier is not in compliance with the requirements as accepted by the City. B. The making and acceptance • final payment will constitute: i. a waiver of all claims by the City against the Supplier, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure • the Supplier to comply with the Contract or the terms of any warranty specified herein, (4) arisin� from the SuAclier's continuin•'--ations under the Contract,. including but not limited to indemnito and warrarklz-,:, obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Supplier against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Supplier for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall bc identified • the Supplier as such. 8111AININ 20. WARRANTY — TITLE: The Supplier warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The SuWjier shall indemnif,-, and hold the City, harmless _fromand against all adverse title claims to the deliverables. 22. WARRANTY — SERVICES: The Supplier warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Supplier may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Supplier shall promptly upon receipt of demand pet-form the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Supplier. The City shall endeavor to *F-the warranty, but failure to give timely notice shall not impair the City's rights under this section. C. If the SuMlier is unable or unwilling to perfbrm its services in accordance with the above standard as—reoLlired by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Supplier, and put-chase conforming services from other sources. In such event, the Supplier shall pay to the City upon dernand the increased cost, if any, incurred by the City to procure such services from another source. immediate correction or removal and replacement of defective or non-conforming deliverables, the City prefers to accept it, the City may do so. The Supplier shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the cit, deduct smch amounts as are necessary to compensate the City for the diminished value of th r nil,-,ji, -al anc Vffr0[_[Yd1LJ 1U1 THILLCH d6bUIUMC III Mr, 11ILCHL LU PCI 11-1 1 the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Conti-act. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Supplier is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Supplier will cease all work until notified by the Citp that the violation or unsafe condition has been corrected. The SuRclier shall be liable for all costs incurred by the City as a result • the issuance of such Stop Work Notice. 26. DEFAULT: The Supplier shall be in default under the Contract if the Supplier (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Supplier's Offer, or in any report or deliverable required to be submitted by the Supplier to the City. MINN. Now, 01110115, Mill M-4 11 M. , -M sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy and expenses, incurred • the City as a result of the Supplier's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post-judgment interest at the maximum lawful rate. Additionally, in the event of a default b,.i the S .......... it�,., mav remove the Su - • - tier from the CiLty's vendor list for three (3) years and any Offer submitted by the Supplier may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by taw. L I • 311,pplici Snall •rVfnpQj cease an T1.1-Mur 'Tru specified in the notice of termination. The City shall pay the Supplier, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. City of Denton Materials Management Department 901 B Texas Street Denton, Texas 76209 35, RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Supplier to the City shall become property of the City upon receipt. Any portions of such material claimed by the Supplier to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Supplier represents and warrants to the City that: (i) the Supplier shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Supplier in accordance with the specifications in the Conti-act will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of anV third • art that no claims have been made b & ly erson or entit with res • e t to the ow h' -ation • _Maly MaM. any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the City's behalf. Further, Supplier agrees that the City's specifications regarding the deliverables shall in no way diminish Supplier's warranties or obligations under this paragraph and the City makes no warranty that the production, development, • delivery of such deliverables will not impact such warranties ♦ Supplier. 37. CONFIDENTIALITYa In order to %rovide the deliverables to the Cit • uire access to certain of the City's and/or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information"). Supplier acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, • other release ♦ the Confidential Information will substantially injure the City and/or its licensors. The Supplier (including its employees, subcontractors, agents, ♦ representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not exAresslw#ermitted under this Acreementwnless the Confidential Information is recuired to be disclosed b�Llaw or an order of any court ♦ other governmental authority with proper jurisdiction, provided the Supplier promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Supplier agrees to use protective measures no less stringent than the Supplier uses within its own business to protect its own most valuable information, which grotective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality ♦ the Confidential Information. 3 8. OWNERSHIP AND USE OF DELIVERABLES: The CitN shall own all rights _JLlu and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Supplier agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Supplier agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute acknowledge and deliver an-a"i nment of letters Qatent in a form to be reasonabl� awroved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Supplier agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Supplier for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City' deliverables. Should by operation of law, such deliverables not • considered works made-for-hire, the Supplier hereby assigns • the City (and agrees to cause each of its employees providing services to the City hereunder to and interest in and to such deliverables. With respect to such work made-for-hire, the Supplier agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work- made-for-hire agreement, in a form to be reasonably approved ♦ the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Supplier further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work reiistration, trademark reaistration and/or orotection, letters patent, or any similar Hilits in ani and all countries and interest in and to the deliverables. The Supplier's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 39 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Supplier agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Conti-act must be originally develoAed material unless otherwise sFecificallWrovided in the Contract. When material not o-Ninaw.; develo?,ed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Sux%liei- shall not advertise or %ublish without the Citp's prior consent, the fact that the City has entered into the Contract, except • the extent required by law. 41. NO CONTINGENT FEES: The Supplier warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokeraize. or contineent fee i exceitini bona fide emiloiecs of bona fide established commercial or sellinj agencies snall nave me rigm, in aciaition to any ofnei FeMeQy aValidUIC, LU UUTRXI Mr, dW11Uj U11"W" from any amounts owed to the Supplier, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Supplier, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Supplier or any agent or representative of the Supplier • any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City .&91 recover • withhold the amount of the cost incurred by the Supplier in providing such gratuities. MOMMIN =10110% MOMMOTIMM 1 ,6, WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a writing signed by the aggrieved party. No waiver • either the Supplier or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Conti-act, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or diffiere•t c,Waracter. pre-prinfea or similar Lerms on any me Supplier invoice, orcier ULM u3culnunt snan nave any torco or MeM change the terms, covenants, and conditions • the Contract. I IN_. ,Y31111! RA74 to both parties, reading • provisions more strictly against one party or the other, Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Conti-act, the UCC definition shall control, unless otherwise defined in the Contract. NO provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract • determined to be void. If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours • operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance no) within the normal hours • operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 19061*4 i - 1 -9 rflkl�� I IT Cal WN-wreintri is )Fr*fii #)iLC(J irlin comrak.Allig 711 L11 U1 11LUK11 IL -C-s CrSPFC�l f- J "I I or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List • Pat-ties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City • Denton, (2) An end product manufactured in the United States, if the cost of its components mimed, produced, or manufactured in the United States exceeds 50 percent of the cost of all its onmpuuuom. Components nfforeign origin of the same class orkind aa those that the agency determines are not mined, produced, or manufactured in ouDl:ioo/ and reasonably nvuUub|o commercial quantities of oouiafaun,y quality are treated as domestic. Scrap generated, collected, and prepared for processing io the United States ioconsidered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means sn end product other than udomestic end product. vi "United States" means the 50 States, the District ofColumbia, and outlying areas. B. The Buy American Act (41 U.S.C. \Ou - |Od) provides o prob,reuoo for domestic end products for supplies acquired for use iu the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles uadomestic for this product ifthe articles are ouolist approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article ixouan approved Governmental list. D. The Supplier shall deliver only domestic end products except tothe extent that it specified delivery o[ foreign end products in the provision ofthe Solicitation eodUod "Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this no|iobatiuu` whether amended or not, except as prohibited by law. Selection of rejection ofthe submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires ouawarded supplier or supplier w be |iocuucd by the State of Texas, any and all fees and taxes are the responsibility of the supplier. 59. PREVAILING WAGE RATES: All suppliers will be required to comply with Provision 5159oof°Ve,uou`o Annotated Civil Statutes" ofthe State uf Texas with respect to the payment nfprevailing wage rates and prohibiting discrimination in the employment practices. hxo:0wvvvv.aoornn.soo.eov/dovinbacondn.htm| 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Supplier must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Supplier shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract, the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing with issuance of Form W-Ts to common law employees. Supplier is responsible for both federal and State to Supplier or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Supplier shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Supplier's omission or breach of this Section. Q. DRUG FREE WORKPLACE: The supplier shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug- free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the supplier ihall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be ����� of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Supplier shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God. or other unavoidable cause not attributable to the fault or neiliience of the Citi of Denton. In the event oT an occurrence uncier tnis Section, me Suppiler wili oe exuxsuu Yiuln U117 1U1 L11CI wri requirements so affected for as long as such circumstances prevail and the Supplier continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Supplier shall immediately notify the City of Denton Procurement Manager by telephone (to be -n-m level of detail the circumstances causing the non-performance or delay in performance. 65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either L'arty's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver • a Party of any breach of any term of ths Contract will not be construed as a waiver of any continuing or succeeding breach. EXHIBIT C For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H. B. 1491, 80th Leg., Regular Session, OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person Date Received who has a business relationship as defined by Section 176,001(1-a) with a local governmental entity and the person meets requirements under Section 176 By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176,006, Local Govermnent Code, A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. me oz person wno Ras a business i -T&H-t, c. Im- Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7'1, business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the locZlrnment officer namZlis section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes G? B. Is the fitej_e questionnaire receIv11,-1jr likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? a-= Msaffq C. Is the file is questionnaire empl"y a corporation or other business entity with respect to which the local government officer serves asi-mT-dfficer or director, or hok.-.h ownership of 10 percent or more? Yes M D, Describe each affiliation or business relationship. Signature of person doing business with the governmental entity IRFIP 5232 Date EXHIBIT Respondent's Name: TechU^ne, Inc. The ,espondentzxox complete meyoxowmo section, which directly corresponds uo the specifications. The contractor shall not make changes mthis/b,mot. Product Proposal Pricing (FOB DESTINATION); RFP 5232 COD Estimated Item # EST. ANNUAL UOM Distribution Product Description Description 2 Unit Price Delivery ARO QTY Center # (Days) Total Cost of Products (AmnuaU Payment Term Discounts Payment terms for the City nf Denton are typically 3Odays. Please indicate the additional discount extended tn each monthly invoice that is paid within the time period indicated below- Payment Invoice Paid in 20 days 0.00% Invoice Paid in 15 days 0.00% Invoice Paid in 10 days I .0017o *NOTE: PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS A8 SPECIFIED FOB DESTINATION. RFP 5232 WAMM.112 CITY OF DENTON RFP FOR SUPPLY OF ELECTRIC UTILITY ELECTRIC UTILITY TRANFORMER PADS 11. Date Established: jet-%I 12, Former Business Name: 13. Date of Dissolution: RFP 6232 ISM Discipline )10 Number of Staff # Licensed or Certifill [UgUWWA a. Proposing firms principle place of business: NW V\, 7)< b. Company's majority owner principle place of business: zz� PAGE 43 OF RFP # 5232 RFP 5232 CITY • DENTON REP FOR SUPPLY OF FIECTRIC UTILITY ELECTRIC-UTILITY-TRANFORMER �A`t I UM-114"N. i IQ RII 01%17411 M WEN of W =9 Any exceptions taken to this RFP must be listed on the lines below. If there are no exceptions, please sign where indicated at the bottom of the page. ��,. =4 - . ... .... ... .. .. . Sig n a t u r e A'k ILS� Signature I :492& YT 1= 7&A/Me. -Toe. Uompany F9361-4 I 19 Date 11 &ux EXHIBIT D Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this proposal. REFERENCE ONE GOVERNMENT/COMPANY NAME: elk- . . . .. ...... . . .............. LOCATION: -,C10AQ14'-TK . . ...... . ..... qq CONTACT PERSON AND TITLE: SO SCOPE OF WORK: - --- ------- CONTRACT PERIOD: _Oy�, --- - ------- RE, FERENCE TWO GOVERNMENT/COMPANY NAME: - --------- LOCATION: 6k yp-Nx , ..... . ............. ...... ..... ..... CONTACT11FRSON AND 11`I fn TEUVIIONENUMBER: 'q)-1- 144- 7974 SCOPE OF WORK: - ------ . . . ............. , AAMIA CONTRACT PERIOD - REFERENCE THREE UNUMN EXHIBIT D CITY OF DENTON 1kFP FOR SUPPLY OF ELECTRIC UTILITY ELECTRIC UTILITY TRANFORMER. PADS For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: Supplier shall provide products or services in accordance with the Supplier's proposal in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "W'. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: Its These documents make u as binding as if calkd-fk, % by/ii provisions of the precedence first to Ike—V6-ii-Ic 11 they are listed 11 %C7 Documents." • n n o4I � TJ"O C �c i o VS0%L 0-ft* wri-ft s a)' T1AQ- - k . Sl�ft W*�A' Alm GAt o N 61 1 1-7. L;6,,dAA4- Dowvv& RFP 5232 WHIM HER CITY • DENTON lk'I'P FOR SUPPLY • ELECTRIC UTILITY ELECTRIC UTILITY TRANFORMER PAUS 14411 "1 '111 UNN [In 311 AIM0111 I: vi " 144 AT 1 • a The undersigned agrees this RFP becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a proposal. The undersigned agrees, if this proposal is accepted, to furnish any and all items /services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Proposal will be ninety (90) calendar days unless a different period is noted. The undersigned affirms that they are duly authorized to execute this contract, that this RFP has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this RFP have not been communicated to any other proposer or to any employee of the City of Denton prior to the official opening of this bid. I certify that I have made no willful misrepresentations in this Proposal Submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this proposal will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. NAME AND ADDRESS OF COMPANY: 54ol ffiaAA 51. walrd�OMWTNIIM-�-OMZMII Consent Agenda G AGENDA INFORMATION SHEET AGENDA DATE: March 18, 2014 DEPARTMENT: Planning and Development( CMIACM: John Cabrales, Jr. �1 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 13 ( "Food and Food Service Establishments ") of the City of Denton Code of Ordinances by deleting Articles I, H, III, IV, V and VI in their entirety; adopting the Texas Food Establishment Rules promulgated by the Texas Department of State Health Services and making related deletions and amendments thereto; providing a severability clause; providing a savings clause; providing for a penalty not to exceed $2,000 for violations of this ordinance; and providing for an effective date. BACKGROUND On February 18, 2014, staff presented proposed amendments to the current Food and Food Service Establishments Ordinance 2012 -305 which was adopted on November 6, 2012. The amendments were discussed and Council gave direction regarding the proposed amendments. After receiving direction from Council, staff is recommending the following amendments: Definition of a Class III and a Class IV Pushcarts. These changes make it possible for Pushcarts to move about the City and set up in various approved locations under one annual permit. • Class III - General Service Pushcarts: these mobile food units nom; cis War shall serve only a limited menu as approved by the Consumer Health Division. • Class IV — Limited Service Pushcarts: these mobile food units may ope-H cis W�1—= be pushed by human power to various locations and shall serve only a limited menu of non - potentially hazardous, prepackaged food items as approved by the Consumer Health Division. The following amendment clarifies that an itinerary shall be submitted as part of the permit application, that the location(s) listed on the itinerary shall be approved by a City Planner, and that the itinerary shall replace the requirement in the current ordinance for a Certificate of Occupancy for each Mobile Food Establishment. • The application shall include a �o ir�t " I Ana I'tinlerary shall be required for all mobile units that will stop and sell food in any one parcel of land for more than one hour. Agenda Information Sheet March 18, 2014 Page 2 • The itli-lerary of 11'sted 6 > ! »a a .6 )roxe a �� :s signed a it ai- H,,er, ^ia aLi ox . = a , ,W itinerary verifies that all sales locations stated in the submitted location itinerary are zoned for food establishments. Other documentation may be required by the health officer. This amendment to the Food Code was suggested by Councilman Gregory. Staff included the suggested the wording and then added the last sentence to specify that changes to the approved itinerary shall be made at least two (2) days prior selling food at a new location. • - �- �����- ��- ��= �- i��� -�Y�- era-- a����g- ��:��,.�:�..��a ������t���_���, -���= klob e Food Esta 6 s a Driee to mcrate ui -ldl :ss f ae of -6 frier Hea'lffi Dig Isla »a aas bee]-, to rocedures esta ''sl ee by tide 'N's, 6 »a r as tae 10catI011 is , art of tide d 'tai erarv, -He Coisuirier Hea' is 'x JsJoia siaa16 be r y a ° t a -Mme at �, f r Lr � ffle�� �"�st t�„�1(> �� �1��s!Ia�:ss ���':s �1�I(>l °�" !1i� }6�"1i "���at�t?(»a (>I ��a�' � ��a�.�:s to tai" �� }l °(>C�"�,, I!6 This small amendment was only to add clarity. The mobile food establishment shall acquire needed supplies from an approved commissary or other approved x, e a,Lo sUt This last recommended amendment is to clarify that a Food Truck could use a business's required parking, as long as it was after business hours. • Mobile food vehicles shall be separated from existing buildings and other mobile food vehicles by a minimum of 12 feet. Mobile food vehicles shall be subject to all current zoning and setback regulations found in the Denton Development Code (DDC). Mobile food vehicles shall not set up in fire lanes, or jib parking spaces that are required by the Certificate of Occupancy of an existing business ui- a ss tide usl ess is c1osed 1 act its �aces are mailable, Staff believes that these added amendments, along with previously discussed amendments, will help to ensure that the Food Code is more customer - friendly, as well as holding food establishments to a higher standard of food safety within our City. OPTIONS Make no changes to the current Food and Food Service Establishments ordinance. 2. Adopt the proposed version of Council and Staff recommended amendments made to the current Food and Food Service Establishments ordinance 2012 -305. Agenda Information Sheet March 18, 2014 Page 3 3. Direct the Building Inspections Division to amend the current Food and Food Service Establishments ordinance based on new Council recommendations not included in the proposed amended ordinance. RECOMMENDATIONS Adopt the proposed changes to the Food and Food Services Establishments ordinance. PRIOR ACTION/REVIEW November 6, 2012, City Council adopted the current Food and Food Service Establishments Ordinance 2012 -305. July 9, 2013, staff presented a 6 month status report of the Food and Food Service Establishments Ordinance 2012 -305 along with some proposed amendments. February 4, 2014, the City Council voted to bring proposed amendments to a Work Session for further review. February 18, 2014, staff received direction from the City Council for proposed amendments to the Food and Food Service Establishments Ordinance 2012 -305. FXUIRITC Revised ordinance Prepared by: Z�� A42.0 " Kurt S. Hansen Building Official Respectfully submitted: F Brian K. Lockley, AICP, CPM Director of Planning and Development s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc Exhibit 1 Revised Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 13 ( "FOOD AND FOOD SERVICE ESTABLISHMENTS ") OF THE CITY OF DENTON CODE OF ORDINANCES BY DELETING ARTICLES I, II, III, IV, V AND VI IN THEIR ENTIRETY; ADOPTING THE TEXAS FOOD ESTABLISHMENT RULES PROMULGATED BY THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES AND MAKING RELATED DELETIONS AND AMENDMENTS THERETO; PROVIDING A SEVERABLITITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON TEXAS HEREBY ORDAINS: SECTION 1: Articles I, II, III, IV, V and VI of Chapter 13 ( "FOOD AND FOOD SERVICE ESTABLISHMENTS ") of the City of Denton Code of Ordinances are hereby deleted in their entirety and replaced with new Sections 13 -10 and 13 -20 which hereby read in their entirety as follows: Sec 13 -10 Rules on food service --Adopted-, compliance procedures. The city adopts the amendments to Texas Board of Health found in 25 Texas Administrative Code, Chapter 229, Sections 161 - -171 and 173 - -175 as amended, which establishes regulations regarding the regulation of food establishments in this jurisdiction is hereby adopted as the minimum standards for food service operations within the corporate limits of the City of Denton, Texas. Wherever in these rules the words "municipality of Denton" appear, they shall be understood to refer to the City of Denton and the words "regulatory authority" shall refer to the City of Denton. The Texas Food Establishments Rules, save and except the amendments set forth below are made a part of this article as if fully set forth herein. A copy of the Texas Food Establishment Rules, along with city amendments, shall be kept on file in the office of the city secretary of the city being marked and designated as the Texas Food Establishment Rules, published by the Texas Board of Health Bureau of Food and Drug Safety (Retail foods division). Any revision, addition, or deletion to the Texas Food Establishment Rules (TFER) by the Department of State Health Services or the United States Food and Drug Administration (FDA) shall be deemed to be an amendment to this article and adopted as of the time it goes into effect or is published. Sec. 13 -20 Deletions and amendments. Amendments to the Texas Food Establishment Rules Section 229.162 is amended by adding the following: 162.1 Administrator: the Building Official, or their designated employee, of the City of Denton. 162.2 Agricultural product: an agricultural, apicultural, horticultural, silvicultural, or viticultural, or fish or other aquatic species product, either in its natural or processed state, that has been produced, processed, or otherwise had value added for use as human food. 162.3 Catering Establishment: shall mean a food establishment where food is completely or partially prepared for delivery at a separate location where it is meant to be served and consumed. For purposes of this definition of mobile food establishments, a food service establishment is considered to be operating mobile food units, rather than to be operating as a catering establishment; unless at each premises or property to which food is delivered, the food is provided to one person for consumption by that person or that person's guests or invitees. Page 1 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc 162.4 Catering operation: a food service establishment which prepares or serves food on premises in control of another. 162.5 Certificate of Occupancy: A Certificate of occupancy is a document issued by a local government agency indicating that a building or mobile food vehicle complies with zoning and building laws. 162.6 Change of Ownership: a change of owner or operator of a food establishment business, and does not refer to a change of owner of the property or building in which the business is located. 162.7 Change of Use: that which requires the owner of an establishment to submit plans before any construction is begun on a project that changes the use of the current establishment. 162.8 Commercially Manufactured: produced or built, for commercial gain, by a person showing a high degree of skill or competence. 162.9 Commissary: also known as a central preparation facility; base of operations; or premises from which a mobile unit operates. A commissary shall be used as a base of operations for all classes of mobile food vendors. A commissary is a site approved by the City Health Officer at which food preparation, storage and cleaning or servicing of the vehicle occurs. State law prohibits the use of a private residence as a central preparation facility or warehouse. 1162.10 Community Market: a designated location used primarily for the distribution and sale directly to consumers of raw agricultural products grown by farmers or home -grown fruits, vegetables, produce or food products; meat and fish items, plants and flowers; arts and crafts items; and bakery goods, beverages, dairy products, delicatessen, and grocery items. 162.11 Cooking demonstration: food that is not to be offered, sold, or otherwise distributed to the public 162.12 Farmers Market: a designated location used primarily for the distribution and sale directly to consumers of food products by farmers or other producers of agricultural products 162.13 Farmer's Market Food Vendor: any person(s) who operate(s), offers, or sells food typically known as "farm grown ", "farm originating" or "farm obtained" from a location approved on private or public property. Foods included in "farm grown" are whole produce, plants, nuts, certain meats, honey, eggs and pasteurized dairy products. These vendors and any foodservice operations shall comply with the Texas Food Establishment Rules as set forth by the Dept. of State Health Services. 162.14 Fixed Commercial Location: a building that can obtain a certificate of occupancy; not mobile in nature. 162.15 Food handler card: a card issued by the city of Denton to all food establishment employees whose work brings them into contact with the handling of food, utensils, or food service equipment. These employees shall fulfill all city requirements before receiving a card. 162.16 Grease Interceptor: A plumbing appurtenance that is installed in a sanitary drainage system to intercept oily and greasy wastes from a wastewater discharge. Such device has the ability to intercept free - floating fats and oils. 162.17 Health Officer: the officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. 162.18 Health or regulatory authority: the City of Denton. 162.19 Heavy Food Preparation: shall mean any area in which foods are prepared utilizing a grill, griddle, deep -fat fryer, commercial type ovens, and /or any similar food preparation equipment; or any area subject to flooding type of wet cleaning procedures due to the cutting or Page 2 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc processing of meat, poultry, fish or pork. Heavy food preparation includes but is not limited to: cafeterias, fast food restaurants, full service restaurants, pizza preparation, donut preparation, and meat and fish markets, etc. and may include day care centers. For information regarding grease interceptor sizes, refer to the International Plumbing Code as amended by the City Building Inspection Department. 162.20 Light Food Preparation: shall mean any area in which foods are prepared exclusive of the use of fryers, grills or similar equipment. Light food preparation is usually limited to the preparation of hot dogs, sandwiches, salads or other similar foods and fountain -type cold drinks. Light food preparation includes, but is not limited to, sandwich shops, limited menu concession stands, etc. and may include day care centers. For information regarding grease interceptor sizes, refer to the International Plumbing Code as amended by the City Building Inspection Department. 162.21 Minor: shall mean an individual under the age of 18 162.22 Mobile Food Establishment; a food establishment that serves, sells, or distributes any food or beverage from a mobile food preparation vehicle that is not operating at a permanent fixed location. A mobile foodservice establishment is vehicle - mounted or wheeled and capable of being readily moveable. A mobile food unit is filly self - contained. A mobile food establishment is a commercially manufactured vehicle from which food is prepared, served or provided for the public with or without charge. Types of mobile food establishments: The mobile food unit classifications are based upon the type of menu served. Class I — Limited Mobile Food Establishment: these mobile food units may provide hot and cold holding display areas from which packaged foods are displayed. Self - service by customers of unpackaged foods is not allowed. Preparation, assembly or cooking of foods is not allowed on the unit. Non - potentially hazardous beverages must be provided from covered tuns or dispenser heads only. No dispensed ice is allowed. Class II — General Mobile Food Establishment: these mobile food units may serve a full menu as approved by the Consumer Health Division. Class III - General Service Pushcarts: these mobile food units shall serve only a limited menu as approved by the Consumer Health Division. Class IV — Limited Service Pushcarts: these mobile food units may be pushed by human power to various locations and shall serve only a limited menu of non- potentially hazardous, prepackaged food items as approved by the Consumer Health Division. 162.23 No food preparation: any area in which foods are provided pre - wrapped, from a source approved by the Department of State Health Services with microwave oven type heating being the maximum handling involved. No food preparation is limited to prepackaged sandwiches or similar foods, candies and containerized beverages. 162.24 Non - potentially hazardous beverage: shall mean a non- alcoholic liquid intended for consumption, whether natural or synthetic, that does not require temperature control because it is not capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum. The term includes: 1) Tea and coffee, excluding espresso, with powdered creamer or ultra -high, pasteurized half and half in individual servings; 2) Commercially made, high acid beverages with a pH level of 4.6 or below, such as apple juice, lemonade, limeade, and orange juice; Page 3 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc 3) Fresh squeezed, high acid beverages; 4) Commercially filled carbonated beverages; 5) High acid beverages made from a commercial mix; and 6) Mineral water sold in open, single- service cups with ice from an approved source. 162.25 Non -profit organization: All government entities and political subdivision and public school districts; Organizations chartered under the Texas non- profit corporation act; or Operations recognized by the IRS as a 501(c) organization or corporation. 162.26 Perishable food: shall mean any food of a type or in a condition that may spoil. 162.27 Remodeling, extensive: any change in the structure of a food preparation area or any change in the establishment which would increase or decrease size requirements for the food preparation or food storage areas as specified in sections 13 -27 (b) and (c). The term may also include any construction which requires a building permit from the Building Inspection Division of the City of Denton. It does not include: Expenditures for the replacement of moveable equipment; or remodeling which does not affect the construction or operation of food storage or food preparation areas or areas used to store or clean utensils and equipment used in food storage or food preparation. 162.28 Seasonal food service establishment: any food service establishment which operates from a fixed location for a period not to exceed six (6) consecutive months provided that such operation shall occur only once during any twelve (12) consecutive month period. 162.29 Smoker: any unit, whether mobile or fixed in nature, which uses wood or wood products to provide smoke for the purpose of slow cooking meats intended for human consumption, whether such unit is inside an enclosed building or in an outdoor area. 162.30 Temporary Event /Community Based Event: transitory gatherings such as traveling fairs, carnivals, multicultural celebrations, special interest fundraisers, restaurant food shows, grand openings, customer appreciation days, etc. also called special events. These are single events or celebrations. 162.31 Temporary food permit: a permit issued after fulfilling all City requirements to a food establishment selling or serving food at a temporary event. The temporary food permit is valid until the temporary event concludes or for 14 consecutive days, whichever is less. A temporary food permit is valid for only one event location at a time. 162.32 Toilet facilities: flush toilets and sinks with hot and cold running water connected to an approved system 162.33 Vendor /Supplier: a business establishment approved by the City Health Officer that sells or supplies food and food related products to Mobile Food Establishments. 162.34 Warehouse: shall mean any enclosed structure, room, or building where packaged food or food products intended for off - prernise consumption are stored for, sold to, or offered for sale or distribution to persons other than the ultimate consumer. 162.35 Wholesome: in sound condition, clean, free from adulteration, and otherwise suitable for use as human food. Food which is packaged shall be deemed wholesome if it meets the foregoing requirements and it is used or sold prior to the expiration date marked on the package. Section 229.163(a) is amended by adding the following: Page 4 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc 163.1 This person (i.e., the person in charge as defined in T.F.E.R. §229.163(c)) shall have a valid Food Protection Management training certificate. Certification must be obtained by passing an examination approved by the Texas Department of State Health Services and approved by the regulatory authority. The following food service establishments are exempt from the requirements of this section: 1) Establishments selling only uncut produce or commercially packaged; hermetically sealed foods; 2) a food enterprise that provides only beverages or prepackaged food that is not a potentially hazardous food; 3) Bars and lounges that do not serve potentially hazardous foods; 4) a food processing plant that is inspected at least once each week by a state or federal food sanitation inspector or that only stores prepackaged food that is not potentially hazardous; 5) Concession stands that are run by volunteers; 6) a nonprofit organization that serves food only to members of the organization; 7) a vending machine or a mobile food establishment that offers only prepackaged food, if a certified food manager is in charge at the central preparation facility that supplies the products for the vending machine or mobile food establishment; or 8) a temporary event food vendor. Compliance may be required of establishments having one of the above exemptions if they have repeated or critical food code violations, or if determined by the health officer to be capable of causing food borne illness. 163.2 The owner or operator of a new foodservice establishment shall provide verification to the Consumer Health Division, prior to the opening of the establishment, that the establishment meets the Certified Food Protection Manager requirement of this article. 163.3 If a foodservice establishment cannot meet the requirements of this section because of the termination or permanent transfer of a registered food protection manager, the food establishment shall: Employ another registered food manager within thirty (30) days of the effective date of the termination or transfer of the previous manager. When an existing food service establishment has a change of ownership, the new owner or operator of the establishment shall provide verification to the Consumer Health Division within thirty (30) days of the effective date of the change of ownership that it is in compliance with the certified food protection manager requirements of this article. 163.4 A person commits an offense if the person is the owner or operator of a food establishment and violates a provision of this section. 163.5 A person commits an offense if the person is the food manager of a food establishment and fails to obtain a food protection manager's certificate from an accredited program accepted by the Texas Department of State Health Services within the time limits allowed in this article. 163.6 A person holding a food protection manager's certificate shall register a copy of that certificate with the City of Denton Consumer Health Division. Section 229.163(c)(12) is amended by adding the following: 163.7 Every person whose work brings them into contact with the handling of food, utensils, or food service equipment must possess a valid City of Denton food handler card. Page 5 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc Every person who owns, manages, or otherwise controls any food service establishment shall not permit any person to be employed therein who does not possess a valid City of Denton food handler card within ten (10) days from the date of their employment. 163.8 Food handler test In order to receive a food handler's card, every person must achieve a score of seventy (70) or more on a the test offered by the City of Denton or pass an approved on -line course offered on the City of Denton Consumer Health webpage. After an applicant passes an online food handler course, the applicant shall bring verification to the City in order to receive a City of Denton issued Food Handler card. This requirement must be met upon expiration of a food handler's card and upon application for a new food handler's card. At the discretion of the health officer, if he or she deems it necessary, employees may be required to attend one of the classes offered by the City of Denton Consumer Health Division. 163.9 Certificates available. The permit holder of the food service establishment shall make food handler cards and food manager certificates displayed where they can be easily seen by the regulatory authority. 163.10 Duration of food handler card. Any food handler's card issued under the provisions of this article shall remain in full force and effect two years from the date of issuance. 163.11 Same - nontransferable. Every food handler card issued under the provisions of this chapter shall be nontransferable. 163.12 Same -- Confiscation. The health officer shall have the authority to confiscate a food handler's permit that has expired or is otherwise invalid. 163.13 Personnel. a) A food employee may drink from a beverage container that has a tight - fitting lid with a straw. b) Employees shall wear disposable gloves when handling ready -to -eat foods, or provide documentation of training regarding correct handling of ready -to -eat foods as found in section 229.164(e)(1)(D)(i)- (iii). Section 229.164(a) is amended by adding the following: 164.1 Destruction of unwholesome food authorized. Whenever the city health officer discovers any food or drink displayed for sale or kept for sale, which is unwholesome or unsafe for human consumption, the officer shall order the food or drink to be destroyed or removed, and the owner or the responsible person in charge shall immediately destroy or remove such unwholesome or unsafe food at his or her own expense. 164.2 Sale or other disposition of unwholesome food prohibited. It shall be unlawful for any person, association of persons, firm, food service establishment, temporary food service establishment or corporation to offer for sale or give away any food or drink for human consumption which has been pronounced by the city health officer to be unfit for such use. No person shall prepare potentially hazardous or TCS food for sale to the public from their own private residence. Section 229.164(v)(2)(C) is amended by adding the following: Page 6 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc 164.3 Written documentation of cool -down procedures of the food that is being donated is required. Section 229.165(k)(1)(C) is amended by adding the following: 165.1 Existing equipment which was installed in a food service establishment prior to the effective date of this chapter, and which does not meet fully all of the design and fabrication requirements of this rule shall be deemed acceptable in that establishment as long as there is no change of ownership, equipment is in good repair and capable of being maintained in a sanitary condition, and the food - contact surfaces are nontoxic. Replacement equipment and new equipment acquired after the effective date of this chapter shall meet the requirements of this chapter. Section 229.1660)(3) is amended by adding the following: 166.1 Grease Interceptors shall be located outside the food preparation area unless otherwise approved by the regulatory authority. Section 229.166(1)(14)(B) is amended by adding the following: 166.2 Garbage Containers. Garbage and refuse shall be kept in durable, easily cleanable, insect - proof, and rodent -proof containers that do not leak and do not absorb liquids. Containers used in food preparation and utensil - washing areas shall be kept covered except when actually in use. There shall be sufficient number of containers to hold all the garbage and refuse that accumulates during operation of the food establishment. The regulatory authority may require additional service, dumpsters or larger dumpsters to accommodate the garbage and refuse that accumulates. Suitable facilities, including hot water and detergent or steam shall be provided and used for washing garbage containers. Liquid waste from compacting or cleaning operations shall be disposed of as sewage. Power washing and contracted cleaning services shall be performed according to applicable law. Cardboard or other packaging materials that do not contain food residues or that are waiting regularly scheduled delivery to a recycling or disposal site may be stored outside in a covered receptacle if it is stored so that it does not create a rodent harborage problem. Section 229.167(b)(3) is amended by adding the following: 167.1 Premises. Food Service establishments and all parts of the property used in connection with operations of the establishment shall be kept free of litter. Only articles necessary for the operation and maintenance of the food service establishment shall be stored on the premises. Section 229.167(p)(15)(B)(iii) is amended by adding the following: 167.2 A food service establishment may permit a customer to be accompanied by a dog in an outdoor dining area if: a) The food service establishment posts a sign in a conspicuous location stating that dogs are allowed in the outdoor dining area; b) The customer and the dog access the outdoor dining area directly from the exterior of the food service establishment; c) The dog does not enter the interior of the food service establishment; Page 7 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc d) The customer retains the dog on a leash at all times and controls the dog; e) The customer does not allow the dog to be on a seat, a table, a countertop, or a similar surface; f) In the outdoor dining area, the food service establishment does not 1) prepare food; or 2) permit open food, except for food that is being served to a customer; and, g) Only cleaners and sanitizers that are not harmful to animals may be used on outdoor surfaces. Section 229.169 is amended by adding the following: 169.1 Requirements for mobile units. a) Application Process 1) In order to obtain a health permit to operate a mobile food establishment within the city limits of Denton, an applicant shall submit all required applications and applicable documents with the City of Denton and pay all required fees. 2) The application shall include a completed itinerary. An itinerary shall be required for all mobile units that will stop and sell food in any one parcel of land for more than one hour. The itinerary of listed locations shall be approved and signed by a City Planner. The approved itinerary verifies that all sales locations stated in the submitted location itinerary are zoned for food establishments. Other documentation may be required by the health officer. 3) It shall be unlawful for a Mobile Food Establishment to operate unless the Consumer Health Division has been notified of the location. Notification may be done in writing or electronically according to procedures established by the Division as long as the location is part of the preapproved itinerary. The Consumer Health Division shall be given written notice at least two (2) business days before implementation of any changes to the approved, filed itinerary. b) Permit Issuance 1) Upon receiving a proper application for a permit, the Consumer Health Division shall make appropriate inspections of the vehicle; equipment and other reasonable inspections concerned with the mobile food establishment and shall issue a permit and sticker only if: a)The inspection reveals compliance with the applicable requirements of all federal and state statutes and regulations and city ordinances governing the proposed mobile food establishment operation. b) The valid sticker shall be displayed by a mobile food establishment: 1. The hard copy of the permit shall be posted in public view inside the vehicle and 2. The sticker permit shall be posted on the back right corner on the outside of the vehicle — it will display the date of expiration of the permit and the unit ID number. Page 8 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc 2) The health permit shall be valid for 12 months. Mobile food establishment permits shall not be transferable and shall be considered revoked should the food vending operation be changed from that specified in the permit. c) Location of Operation 1) Any location where mobile units stop and sell food in any one location for more than one hour, shall be zoned (according to the Denton Development Code) to allow food establishments. 2) Mobile units shall not stop and sell food in a residential District (as defined in the Denton Development Code) without written permission from the Homeowner's Association or a Neighborhood Association. Mobile units shall not stop and sell food in any residential zone that does not have an active Homeowner's or Neighborhood Association, except for those mobile food units that regularly sell food to construction workers in residential zones with active construction activity. 3) Mobile units shall not sell food from a public right of way without written permission from the City Manager or his designee. d) Operations on Public Property No mobile food vehicle shall operate a business from a public park or publicly owned property or site without written permission from the City. e) Signage 1) Each mobile establishment must be readily identifiable by business name, printed, permanently affixed, and prominently displayed upon at least two sides of the units , in letters and numbers not less than 3 (three ) inches in height 2) Each mobile food establishment shall be clearly marked with the food establishment's name or a distinctive identifying symbol. The lettering shall be at least three (3) inches in height and of a color contrasting with the background color. If a symbol is used, it shall be at least twelve (12) inches in diameter or of an equivalent size. 3) Each mobile food establishment shall be clearly marked with the permit number for purposes of identifying each unit on inspection reports and other communications. Section 229.169(a)(1) is amended by adding the following: 169.2 Mobile Food Vehicle Types Class I — Limited Mobile Food Establishment: these mobile food establishments may provide hot and cold holding display areas from which packaged foods are displayed. Self - service by customers of unpackaged foods is not allowed. Preparation, assembly or cooking of foods is not allowed on the unit. Non - potentially hazardous beverages must be provided from covered urns or- dispenser heads only. No dispensed ice is allowed. Examples of foods that are allowed: 1) Food that was prepared and packaged in individual servings at an approved commissary and transported and stored under conditions meeting the requirements of this article 2) Potentially hazardous beverages such as individual servings of milk, milk products and coffee creams that have been packaged at a pasteurizing plant. All foods sold will need to meet proper labeling requirements. Page 9 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc Note: If the vendor is selling prepackaged food, the vendor shall provide a copy of the commercial food establishment's Texas Food Manufacturing permit (or Meat Safety Assurance Permit — if applicable) from the Texas Department of State Health Services. Class II — General Mobile Food Establishment: these mobile food establishments may serve a full menu as approved by the Consumer Health Division. Class III - General Service Pushcarts: these mobile food units shall serve only a limited menu as approved by the Consumer Health Division. Menu items shall be limited to, unless authorized by the Health Inspector: those menu items listed under Class IV — Limited Service Pushcart category, hot dogs, nachos with artificial cheese base, corn on the cob, snow cones, popcorn, pretzels, sausage on a stick, tea, lemonade, fruit drinks (from dry mix only), tamales, and roasted peanuts. Class IV — Limited Service Pushcarts: these mobile food units may be pushed by human power to various locations and shall serve only a limited menu of non - potentially hazardous, prepackaged food items as approved by the Consumer Health Division. Menu items shall be limited to, unless authorized by the Health Inspector: prepackaged chips, candy, ice cream, prepackaged sodas, and bottled water. 169.3 Class III and Class IV Mobile Food Vendors shall not: 1) use a vehicle that exceeds 6 ft. x 4 ft. 0 ft.; 2) enter or occupy a public roadway to solicit or conduct a sale; 3) place any signs or other advertising devices on public property other than those signs affixed to the vehicle; 4) physically or visibly obstruction pedestrian and vehicular traffic; 5) sell, distribute, or offer for sale, goods or services that have not been approved by the Health Inspector; 6) be located within a construction area, or; 7) conduct business with vehicular traffic located in the street right -of -way. 169.4 Servicing at commissaries Mobile food establishments shall report to an approved commissary location for supplies, cleaning, and servicing operations as follows: 1) The interior of the mobile food establishment shall be cleaned at least daily, and shall be stored at a location not used as a residence when not in operation. 2) The mobile food establishment shall acquire needed supplies from an approved commissary or other approved vendor /suppliers.. 3) An existing food establishment may serve as a commissary for a mobile food establishment only if approved by the health officer. The existing food establishment would be required to have an approved vehicle storage facility, approved potable water hookups, approved wastewater drainage facilities, approved grease interceptor hookups and size, and any other accommodations as determined necessary by the health officer to ensure compliance with all regulatory codes. 4) The mobile food establishment shall provide documentation of each visit to a commissary and shall have that documentation available for inspection. This documentation shall be provided by the commissary providing service, and shall specify when and which service was provided. 169.5 Servicing Records Page 10 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc It shall be unlawful for an operator of a mobile food establishment to be in operation without a valid servicing record in his possession. The operator of a mobile food establishment shall keep and maintain servicing records on the mobile food establishment for a period of one year from the date of servicing. The servicing records must be immediately available to any peace officer or health officer for inspection. 169.6 Vehicle construction a) The interior of the vehicle shall be commercially manufactured or be approved by the health officer. b) The food preparation area of the vehicle shall be completely enclosed. c) Mobile food establishments may be required to provide an on board power source, such as a battery or generator, to assure maintenance of PHF /TCS foods at proper temperatures during transit, preparation and service. The vehicle must be equipped with commercial mechanical facilities. All equipment on the vehicle is to be NSF approved, ANSI approved, or of commercial grade. d) The cab of the vehicle must be physically separated from the food preparation area, and the seats designated for the cook and any passengers must be located outside of the food preparation area. e) All cooking equipment and hot holding units must be located at the rear of a mobile food preparation vehicle. Covers for deep fryers must be provided and installed over fryer units while vehicle is in motion. 169.7 Exterior surfaces Exterior surfaces of mobile food units shall be of weather resistant materials and shall comply with all applicable laws. 169.8 Utility connections Utility connections shall be limited to only electrical service and shall be in full compliance with the Electrical Code. All electrical extension cords shall be of industrial grade quality and shall be utilized in a safe manner as not to be a nuisance or a trip hazard. Mobile food establishments shall not be connected to any potable water service, sanitary sewer service, or fuel gas service while in the operation of preparing or vending food. 169.9 Damage Report Any accident involving a mobile food establishment that results in damage to the water system, waste retention tank, food service equipment, or any facility that may result in the contamination of the food being transported or any damage that results in a violation of this section, shall be reported within 24 hours of the time the accident occurred. Reports shall be made by the holder of the mobile food establishment health permit. 169.10 Overhead Protection Overhead protection shall be provided for mobile food units that are operated outdoors and where food is not covered at all times. The overhead protection shall consist of, but not be limited to, roofing, ceilings, awnings, or umbrellas. The overhead protection must be easily cleanable. 169.11 Any additional equipment or the arrangement thereof other than that approved when the permit was issued shall be prohibited unless approved in advance by the Consumer Health Division. Section 229.169(x)(7) is amended by adding the following: Page 11 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc 169.12 A mobile food establishment must demonstrate mobility at any reasonable time if requested by any peace officer, health officer, or designated city employee. 169.13 Operation capacity limited The operator of a mobile food establishment shall prepare, serve, store, and display food and beverages on or in the mobile food unit itself; and shall not attach, set up, or use any other device or equipment intended to increase the selling, serving, storing, or displaying capacity of the mobile food establishment. It shall be un- lawful for the operator of a mobile food establishment to: 1) Allow items such as, but not limited to brooms, mops, hoses, equipment, containers and boxes or cartons to remain adjacent to or beneath the mobile food establishment; 2) Provide or allow any sign or banner to remain that is not attached and solely supported by the mobile food establishment; or, 3) Sell food outside of the vehicle, for example, from a table under a free standing canopy. All food vending shall be done from the mobile unit. 169.14 Mobile food establishments are limited by the types and choices of approved food items being prepared and sold. Food preparation may be restricted by Consumer Health. Section 229.169(a)(8)(A) is amended by adding the following: 169.15 If liquid waste results from the operation of a mobile food establishment it shall comply with the following: 1. It shall be stored in permanently installed, vented retention tanks that are at least fifteen percent (15 %) larger than the water supply tank, but not less than thirty (3 0) gallons of capacity and shall be drained and thoroughly flushed during servicing operations. 2. All liquid waste shall be discharged to an approved sanitary sewage disposal system at the commissary. 3. Liquid waste shall not be discharged from the retention tank when the mobile food establishment is at an operational location. 4. The waste connection shall be located below the water connection to preclude contamination of the potable water system. 5. Connection to a sewerage system at an operation location is prohibited. 6. All used fats, oil, or grease shall be discharged to an approved grease interceptor at the commissary. Used fats, oils, or grease shall not be discharged to any unauthorized food establishment grease interceptor. Section 229.169(a)(9)(B) is amended by adding the following: 169.16 Garbage and Refuse A mobile food establishment shall provide a minimum of 20 gallons for garbage and refuse storage facilities for the operator's use; and shall have garbage and storage facilities attached to the exterior of tine mobile food establishment that are insect and rodent -proof for customer use. 169.17 Access to Restroom Facilities Prior to the issuance of a health permit, the operator of a mobile food establishment shall submit to the Consumer Health Division and comply with tine following: Page 12 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc a) Written proof of availability of restrooms with flushable toilets for the use of the mobile food establishment employees located in a business establishment within 500 feet of each location where the mobile food unit will be in operation for more than one (1) hour in any single day. b) Proof of availability of adequate facilities shall be in the form of a written and notarized statement from the owner, or owner's agent, including the name, address and telephone number of the property owner or authorized agent, and the type of business and hours of operation, granting permission for the use of the facilities. If the business owner is a partnership or corporation, the statement shall include the name, address and telephone number of one of the partners or officers. c) A copy of the notarized statement shall be displayed in the mobile food establishment in plain view of the public at all times. 169.18 Separation and Setbacks Mobile food vehicles shall be separated from existing buildings and other mobile food vehicles by a minimum of 12 feet. Mobile food vehicles shall be subject to all current zoning and setback regulations found in the Denton Development Code (DDC). Mobile food vehicles shall not set up in fire lanes, or in parking spaces that are required by the Certificate of Occupancy of an existing business unless the business is closed and its required parking spaces are available. 169.19 Food Transportation 1) During transportation, food and food utensils shall be kept in covered containers or completely wrapped or packaged so as to be protected from contamination. Foods in original packages do not need to be overwrapped or covered if the original package is sealed. 2) Food shall be maintained at required temperatures at all times during transport 169.20 Closure of a Mobile Food Establishment: When a mobile food unit is closed by the health officer for critical violations, the health officer shall post a closed sign and the inspection report on the unit. When a commissary or warehouse is closed by a health officer for critical violations, the health officer shall post the inspection report inside the facility. No person except the health officer shall remove or alter the inspection report or closed sign. Section 229.169(b)(2) is amended by adding the following: 169.21 Servicing records to be kept by commissaries A commissary from which a mobile food establishment operates shall issue and maintain servicing records for each unit in a manner and form prescribed by the health officer. The permit holder, person in charge, employee, or representative of any commissary shall keep and maintain servicing records at the commissary for a period of two years from the date of servicing or until retrieved by the health officer, whichever comes first. Servicing records maintained at a commissary shall be immediately available to any peace officer or health officer for inspection during normal business hours. 169.22 Falsification of servicing records It shall be unlawful for an owner, permit holder, person in charge, employee, or representative of any commissary to issue a servicing record without first verifying that the mobile food establishment has complied with all servicing requirements. It shall be unlawful for any owner, permit holder, person in charge, employee, or representative of any commissary or mobile food Page 13 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc establishment to knowingly present or issue any false, fraudulent, or untruthful servicing record for the purpose of demonstrating compliance with the requirements of this chapter. Section 229.169(c)(2) is amended by adding the following: 169.23 Servicing operations I) Potable water - servicing equipment shall be stored and handled in a way that protects the water and equipment from contamination. 2) Vehicle cleaning and in -place cleaning of nonfood- contact surfaces of equipment not requiring sanitization shall be done with potable water and shall be done in a manner that will not contaminate the vehicle's food storage or food preparation areas of equipment. If hoses are used in the cleaning process, they shall be food -grade and kept off the floor or pavement, on racks or by other approved suitable means. All cleaning areas shall be paved with a smooth surface of nonabsorbent material such as concrete or machine -laid asphalt, which is sloped to drain toward an approved catch basin or floor drain where the liquid waste can be lawfully disposed. The use of liquid waste transport vehicles (otherwise known as vacuum trucks), licensed by the Texas Commission on Environmental Quality for the removal and disposal of liquid waste resulting from mobile unit food operations is permitted. 3) Servicing operations may be performed by a commissary operator or by the mobile food establishment operator. It shall be the commissary operator's responsibility to observe or perform servicing on each mobile food unit and properly complete a servicing record. It is the responsibility of the mobile food establishment operator to confirm that the requirements of this section are fulfilled prior to resuming operations. 4) A current copy of each authorization must be maintained on file with the City of Denton Consumer Health Division and also in plain sight on the vehicle for inspection by the City of Denton or a peace officer upon request. 169.24 Permitting of commissaries as food establishments A commissary servicing any mobile food establishment may be an approved and permitted food establishment at which the mobile food unit is supplied with fresh water, emptied of waste water (and grease) into a proper waste disposal system, and cleaned, including washing, rinsing and sanitizing of those food contact surfaces or items not capable of being immersed in the mobile food establishment's utensil- washing sink. The servicing area must be of adequate size and scope as to accommodate its own operation, as well as those of the mobile food establishment. 1) Compliance with all other applicable rules and operational guidelines as may be promulgated by the health officer. 2) When the commissary is within another jurisdiction the permit holder shall provide a copy of the latest inspection of its facility by that regulatory authority. 169.25 Warehouse: 1) If only prepackaged goods are sold, a warehouse may be accepted in lieu of a commissary. 2) Warehouses shall be required to meet only those rules necessary to prevent the contamination of stored foods, single service articles, utensils and equipment. In general, warehouses shall be exempt from the rules relating to finished walls, ceilings, or storage bases, light colored surfaces, restroorns, lavatories and utility facilities, provided foods are protected frorn contamination from dust, insects, rodents, flooding, drainage, or other contaminants. Page 14 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc 3) Handling of unpackaged foods, dishwashing and ice making are prohibited in a warehouse. 169.26 A mobile food preparation facility shall not: 1) Stop at any location, unless the stop is for less than one hour, to sell or serve food during any time other than the dates and times specified in the current itinerary on file with the Consumer Health Division for the mobile food preparation vehicle. 2) Serve as a commissary for another mobile food unit or as the base of operation for a caterer 3) Apply for variances of food processing 4) Use leftover foods. All PHF /TCS foods shall be served or discarded at the end of each business day 5) Use time as a public health control. All PHF /TCS foods shall be controlled by mechanical means 6) Park on an unimproved surface such as grass or dirt without written approval from the City Manager or his designee, unless selling for less than one hour at a site immediately adjacent to property that is currently under construction. 7) Park at a residence. 8) Be permitted to be washed -out at the location of an existing food establishment. All interior washing shall be at an approved commissary. Only exterior washing of the mobile food vehicle may be done at a commercially operated carwash. Grease or wastewater shall not be dumped or drained at a carwash. 9) Leave a location of operation until the area of operation is free from trash or nuisance caused by the mobile food vehicle business, its employees, or its customers. 169.27 Inspection Procedures 1) Critical violations shall result in the immediate closure of a mobile food unit, commissary or warehouse if the City of Denton Consumer Health officer determines that an imminent danger to the public health exists, and that the violation cannot be corrected immediately or an approved alternative procedure has not been implemented. Also refer to section 171.22. 2) For violations not resulting in closure, the corrections shall be made and approval shall be given by a City Health officer before reopening for business. 169.28 Requirements for snow cone vendors and ice cream vendors a) A snow cone vendor shall be limited to the sale of snow cones and pre - packaged items only and shall have a: 1) Commercially approved source for ice and syrup; 2) Hand wash sink with hot and cold running water under pressure, liquid soap, and paper towels; 3) At least a two (2) compartment sink (with hot and cold running water- under pressure) for washing and sanitizing utensils; and, 4) Waste -water holding tank of adequate size for operation or be connected to an existing sanitary sewer. Page 15 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc b) A snow cone vendor may also be required to meet any and all provisions required for a food service establishment, which the administrator deems necessary to protect the public health and safety. This type of establishment may be a fixed location capable of obtaining a certificate of occupancy. c) A water heater system capable of producing water of 100° degrees Fahrenheit interconnected with the potable water supply shall be provided. A minimum of 15 gallons of water must be available. d) Adequate, conveniently located and accessible toilet and lavatory facilities shall be available to the snow cone stand at all times. A notarized letter signed by the owner /operator of the establishment where the facilities are located, must be submitted with the permit application giving written permission for the snow cone personnel to use such facilities and that the facilities will be available for use at all times during the food establishment's hours of operation. Tile path of travel to such facilities shall not exceed a distance of 500 feet. 169.29 Requirements for the sale of ice cream, other frozen desserts or novelties upon a public street (a) A person may not sell ice cream, frozen desserts or other novelties from a vehicle before sunrise or after sunset. (b) Ice cream, frozen desserts, and other novelty frozen food items shall be individually wrapped by tile manufacturer before being placed in the vehicle from which they are sold and shall be sold in the original wrapping. (c) Such frozen items as described in (b) above may be sold from a pushcart. 169.30 All vehicles offering ice cream for sale shall have: 1) An automatic flashing device consisting of two lamps at the front of the vehicle, mounted at the same level and as widely spaced laterally as possible and displaying simultaneously flashing amber lights, and two (2) lamps at the rear of the vehicle mounted at the same level and as widely spaced laterally as possible and displaying simultaneously flashing amber lights, to be used at all times while each vehicle is in use for food service or solicitation of sales; 2) Signs in front and real bearing the word "SLOW" in letters not less than six (6) inches high; and 3) be capable of maintaining a constant temperature for food storage and contain, in a conspicuous place, a thermometer to allow for verification of temperatures. Section 229.170(a) is amended by adding the following: 170.1 The term temporary food service establishment shall not include concession stands, which operate at a fixed location in conjunction with scheduled, community -based sporting or recreational events provided that the preparation and serving of potentially hazardous foods shall be restricted to only those pre- cooked, pre - packaged potentially hazardous food products that have been properly prepared in accordance with all Department of State Health Services and local requirements and are properly stored, handled, and served in the unopened, original package from said concession stands. In such instances where open potentially hazardous foods are prepared on site from a concession stand, these shall be evaluated on a case -by -case basis and a determination shall be made as to requirements. a) A temporary food service establishment that does not comply with other requirements of this chapter or other city ordinances applicable to food service establishments is permitted if. Page 16 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc 1) The health officer finds that the operation will not result in a health or safety hazard or a nuisance; 2) The operation is limited to a single, fixed location, which may include one or more facilities at the location; 3) The operation is either: a. Limited to a time of not more than fourteen (14) consecutive calendar days; b. Operating tinder a city park and recreation department that has been approved by the city; and c. The food service establishment complies with the other requirements of this section. b) An application and non - refundable fees for a temporary event permit (per food booth) shall be submitted at least two (2) working days prior to the event, or five (5) days prior to the event if ten (10) or more booths are permitted for the same event. The application shall include the time the booth will be set up and ready for inspection. c) If an application is not submitted by the deadline in (b) above, the acceptance of the application will be at the discretion of the health officer, and an administrative fee will be charged. d) All requirements of the food booth must be in place before a permit will be issued. e) A temporary event permit will be required if there is open food (e.g. offering samples) available. f) Food manufacturers must submit a copy of the state manufacturer license with their application. g) Permits for temporary food service establishments that are not operating in conjunction with a City sponsored special event or community based event shall be limited to six (6) permits per year per establishment. h) A foodservice establishment with a current annual health permit will be required to obtain a temporary event permit if the event is at a location outside their permitted premises. i) A temporary food service establishment shall not: 1) Prepare, serve, sell or distribute any food not approved in advance by the health officer. This prohibits the storage and preparation of food from a private residence. Any slicing, dicing or cutting of potentially hazardous foods must be done in a commercial kitchen and brought to the event under proper temperature control; this includes raw hamburger meat that must be brought in as commercially prepared frozen patties. No "gyro" type meat cookers are allowed. 2) Prepare potentially hazardous food; except, that the establishment may prepare potentially hazardous food that is approved in advance by the health officer and does not require substantial preparation prior to consumption (including, but not limited to, a hamburger or frankfurter) or may prepare potentially hazardous food that is obtained by the establishment in individual servings; Section 229.170(b) is amended by adding the following: 170.2 Potentially hazardous food products shall be held in mechanical refrigeration that is maintained at 41° degrees or less. Frozen products may be stored in ice only if approved in advance by the regulatory authority and the duration of the event and items offered for sale is Page 17 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc limited, typically less than four (4) hours in duration. Potentially hazardous food products shall be held in mechanical hot or cold holding equipment if the event is more than four (4) hours in duration. All foods are to be kept properly protected during storage, preparation, and service; this will include grill covers or lids to prevent contamination from overhead. Section 229.170(d)(3) is amended by adding the following: 170.3 Small "crock- pots" may be used to properly store food utensils in water 135 ° F degrees or hotter; or utensils may be stored in running water dipper wells. 170.4 "Stereo" heating units are not allowed for use at outdoor events to hold foods hot. Section 229.170(d)(4) is amended by adding the following: 170.5 Bare hand contact with ready -to eat foods is prohibited. Single -use gloves must be worn over cleaned hands. 170.6 Animals are prohibited from being within the interior limits of a temporary food establishment. Section 229.170(h) is amended by adding the following: 170.7 A temporary food service establishment shall comply with liquid waste disposal ordinances, solid waste disposal ordinances and fire codes. Section 229.170(k)(3) is amended by adding the following: 170.8 A temporary food service establishment shall comply with these Texas Food Rules and any other requirement that the administrator determines is necessary to protect the public health or safety and imposes as a condition to the lawful operation of the establishment. 170.9 Food - handler cards required: Food safety training is required for all temporary food establishment workers. Food service workers may obtain a food - handler card through a class offered through the City of Denton Consumer Health Division's normal schedule of classes or an approved on -line course. Depending on the duration of the event and the extent of the food service being offered, the Consumer Health Division may mandate a Food Manager's Certification for a minimwn of one or maximum of all personnel during the event. 170.10 Catering operations. a) All catering operations based in the City of Denton shall comply with all state rules, laws, and local ordinances. A person shall not engage in a catering operation unless the service is affiliated with a food service establishment operating from a fixed facility that is permitted by the appropriate health authority. b) The base of operations for a catering operation shall be physically separate from a residential home and shall be a permanent, fixed location. c) The health officer may inspect a catering operation at any time. 170.11 The health officer may request copies of the health permit issued to the caterer from the regulatory authority having jurisdiction where the food is prepared or packaged. 170.11 FARMER'S MARKET a) Management and Personnel Responsibility, assignment. The permit holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the market during hours of operation. Where it is allowed, food vendors that offer, sell, or distribute food that is potentially hazardous or that offer samples of food; shall have a person in charge that can show proof of successful completion of a Texas Department of Page 18 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc State Health Services approved Certified Food Managers Course. Food vendors that offer, sell, or distribute only prepackaged foods, non - potentially hazardous foods or beverages or temporary food vendors in conjunction with a special event at such location are exempt from the food manager certification course requirement. Proof of successful completion of a certified food manager course may be required of food vendors having exemptions if judged by the regulatory authority to be capable of causing food -borne illness or may be an increased public health risk. b) Food 1) Preventing contamination: a. Food Display. Except for plants, nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging, counter, service line, or salad bar food guards that comply with NSF standards, completely enclosed display cases; or other means approve by the Regulatory Authority. Letters may be required from the fabricator or installer- of such food guards stating compliance with NSF standards if visual compliance is not evident through the use of labels or listings posted directly on the food guard by the authority approved to affix such label or listing. b. Except for plants, nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling or washing by the consumer before consumption, food that is not completely packaged must be located under a cover, tent or other covering approved by the Regulatory Authority and remain under the covered protection for the duration of the operating period. 2) Approved Source. Only food from an approved source may be offered at a Farmer's Market or Food Market under these rules. Foraged foods are not considered to be from an approved source. Food prepared in a private home, a Cottage food production operation or from an unlicensed food manufacturer or wholesaler is considered to be from an unapproved source and may not be used or offered for sale in Farmer's Markets or Food Market as defined in this rule. Food from a kitchen regulated by a local regulatory authority and proof of such is presented shall be considered from an approved source. 3) Meat, non - poultry. a. Meat such as game animals, ratites or equine meats (as defined in TFER) may not be sold. b. Whole muscle meat shall be stored frozen and held under refrigeration capable of maintaining the meat in a hard, frozen state. Meat shall be packaged ready to offer or sell. Separating, cutting or otherwise removing meat from an intact package is prohibited. c. Meat shall be produced, stored, labeled in compliance with U.S. Department of Agriculture rules and regulations. Proof of license or exemption shall be provided to the Regulatory Authority at time of application. 4) Poultry. a. Poultry is defined as allowed by TFER, as amended. Page 19 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc b. Poultry shall be stored frozen and held under refrigeration capable of maintaining the meat in a hard, frozen state. Poultry shall be packaged in form ready to offer or sell. Separating, cutting or otherwise removing poultry from intact packaging is prohibited. c. Poultry shall be produced, stored and labeled in compliance with U.S. Department of Agriculture rules and regulations. Proof of license or exemption shall be provided to the Regulatory Authority at time of application. 5) Seafood, prohibition. Sale of seafood is prohibited at a Farmer's Market 6) Sampling: Allowed only where expressly approved by the Regulatory Authority. Where allowed, sampling shall comply with all of the following: a. Non - PHF /TCS foods shall be offered to the consumer in individual servings or bites and shall not be made available for self service. Portioning foods on site is prohibited. Portions shall be completely enclosed until given to the consumer or shall be unpackaged by the consumer. b. Only single - service articles may be given to the consumer for use. c. PHF /TCS foods shall be maintained at proper temperatures according to TFER (41 degrees or colder; 135 degrees or hotter). Meats shall be frozen and remain frozen until sold to the consumer d. Where PHF /TCS foods are stored on ice, dry ice, or other items intended for use to cool or freeze foods, a thermometer shall be present in the container holding such foods. The thermometer must show evidence of proper temperatures in which to maintain the food item in compliance with TFER. If at any time, food stored in this manner is not at proper temperatures, the Regulatory Authority shall dispose of the food, whether voluntarily or involuntarily, if it cannot be determined if it is safe to sell or offer for sale. e. Time as a public health control may not be used as the sole means for holding PHF /TCS foods safely f. Ice shall be readily drained and water or melting ice shall not come into contact with stored food. g. Foods cut or constituted on site such as soups, dips, relish, condiments and sauces shall be maintained at or below 41 degrees Fahrenheit and process must comply with the Equipment and Utensils section of these rules. h. Digital thermometer accurate to +/- 2 degrees Fahrenheit shall be on site for use by the vendor. One thermometer shall be provided for each piece of equipment used to hold proper PHF /TCS temperatures. 7) Animals, prohibition. a. Animals may not be offered for sale, or given away at a Farmer's Market. b. Other- than service animals that are conspicuously and properly identified, animals accompanying their owner, where allowed, shall be in Page 20 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc a carrier or on a leash and under direct physical control of the owner. Animals may not be allowed within 10 feet of a food booth. c) Equipment and Utensils 1) Functionality of equipment. a. Except for a municipally owned Farmer's Market, equipment used to keep foods under this ordinance frozen or refrigerated shall comply with TFER and be able to maintain required temperatures for the duration of operations. Municipally owned Farmer's Markets shall have mechanical temperature controlled equipment capable of maintaining proper food temperatures as required in TFER. Mechanical food equipment shall obtain approval from the Regulatory Authority for use. b. Tables used within the vending area shall be made of non - porous material and be easily cleanable. c. Utensils used, only when approved for sampling, shall be made of non - wood material and disposable unless compliance for cleaning and sanitizing under Section 229.165 of TFER, or as amended, is provided and approved by tine Regulatory Authority for use ofsite. 2) Equipment numbers and capacities. a. At least one (1) hand wash sink or facility complying with the Temporary Food Establishment requirements in TFER (Section 229.170) shall be located within the immediate selling area of each food vendor approved to sample foods and available to each vendor where required by the Regulatory Authority. b. Manual ware - washing sink requirements. At least one (1) sink with at least three (3) compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils for vendors that are approved to sample. c. Alternative manual ware - washing equipment may be used only by vendors when approved by the regulatory authority. Such written approval shall be evident and conspicuous on the permit placard issued to tine vendor. d) Water, Plumbing, and Waste 1) Where a hand sink is required, this hand sink shall be a portable hand sink capable of producing hot water, having a portable tanked water source and having a waste tank at least 2/3 size greater than potable source water tank. Hot generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the operation. If approved by the regulatory authority, other means of hand washing may be used. 2) Where manual ware - washing is required using a hard — plumbed system, a licensed Plumbing inspector shall inspect the work prior to use. Baekflow devices may be required. 3) Trash receptacles shall be available and shall be non - porous. Efforts shall be made to dispose of trash offsite in a timely manner so as not to encourage pests. e) Physical Facilities Page 21 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc 1) Floor construction. Floors and floor coverings of all vending areas shall meet the requirements found in the TFER or be approved by the health officer. 2) Vending area shall be covered and protected to minimize presence of pests. f) Plan Review 1) Farmer's Market vendor application shall be submitted by each food vendor. 2) The plans and specifications shall indicate the following (whether existing or not): a. Proposed layout drawn from a "bird's -eye view" showing equipment arrangement and schedule including type and model and grease /waste storage receptacle location, b. Manufacturer's specifications sheets of all equipment c. List of all food items offered or vended, listing separately foods proposed to be sampled. d. Proof of food origin, copy of manufacturer's license, copy of storage license or description of approved source where food items will be obtained from; and copy of approved food labels. g) Administrative Process 1) All work must be inspected by the regulatory authority for compliance with these rules. After compliance with these rules is deemed to be met, a Food Vendor Permit may be approved. 2) Failure to follow the approved plans and specifications will result in a permit denial, suspension or revocation. 3) A notice, as required by this ordinance, is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be on file in the records of the regulatory authority. 4) The hearings provided by the HaBSCo shall be conducted by them at a time and place designated by HaBSCo. Based on the recorded evidence of such hearing, the regulatory authority shall make final findings, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the regulatory authority. 5) Condemnation of adulterated products or on site destruction. Food found to be adulterated shall be condemned and, if no appeal be taken from such determination of condemnation, such articles shall be destroyed for human food purposes under the supervision of an inspector. 6) All appeals from final suspension or revocation of a Food Vendor Permit shall be made in writing to the building official or his designee. The appeal shall be filed in writing within ten (10) days of the occurrence of the suspension or revocation. The Consumer Health director (or his designee) shall attempt to hear the appeal within thirty (30) days after the notice of t11e appeal. The Consumer Health director shall have the power to reverse a decision of the regulatory authority where lie finds that such a reversal will not affect the health and /or welfare of the public. All decisions of the Consumer Health Director or his designee shall be Page 22 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc subject to review by the City Council at one of its regularly scheduled meetings. The decision of the Consumer Health Director or his designee will be final unless reversed by the City Council. Section 229.171(b)(2) is amended by adding the following: 171.1 Plans a) The owner shall submit plans and specifications for construction of work areas intended for use in the operation of a food establishment, and the location, size, and type of fixed equipment and interior finishes of such areas to the City of Denton for approval, before work is begun, when a food service establishment is constructed, or: 1) The nature of the operation changes; 2) The establishment is extensively remodeled; 3) When an existing structure is converted for use as a food service establishment; or 4) When the menu is changed to include more, or different menu items. b) In a food service establishment, the food preparation area shall be of adequate size and shall constitute a minimum of twenty -five (25) percent of the total square footage of the occupied permitted area or the minimum size deemed necessary by the Consumer Health Division. c) In a food service establishment, dry storage areas shall be of adequate size and shall constitute a minirnum of fifteen (15) percent of the total square footage of the food preparation area. At the discretion of the Consumer Health Division, additional dry storage may be required. d) A menu must be submitted with all plans. If changes are made to the menu at a later time, the changes must be submitted for approval by the Consumer Health Division. e) All plans submitted shall include information on the following specifications: I ) Aisles and working spaces: Shall be unobstructed and of sufficient width to permit employees to readily perform their duties without contaminating food or food contact surfaces by clothing or personal contact. Minimum width of aisles shall be thirty -six (36) inches. 2) Auxiliary equipment: Water heaters, washing machines, dryers, remote connected refrigerators, compressors, and air conditioners must be located outside of food preparation areas. 3) Equipment and utensils: All equipment is to be NSF (National Safety Foundation) approved or commercial grade. 4) Floors: In food preparation areas, storage areas, utensil washing areas, restrooms, and dressing rooms, floors shall be constructed of smooth, durable, easily cleanable, non - absorbent materials of commercial grade. Flooring must be light colored, without texture or patterns that create difficult places to clean. In addition to the kitchen areas of day care centers, floors in food service areas of classrooms shall meet these requirements. The health officer shall establish approved floor surfaces in food preparation areas based upon the degree of preparation expected. Food establishments involved in heavy food preparation shall incorporate quarry tile, cement -based terrazzo tile or an equivalent floor covering as approved by the health officer. Food establishments Page 23 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc involved in light food preparation shall incorporate a commercial grade sheet vinyl or equivalent floor covering as approved by the health officer. Establishments involved in no food preparation shall incorporate sealed concrete, vinyl asbestos tile or an equivalent floor covering as approved by the health officer. An approved sealer (such as rubber cove base) shall be required at the floor /wall interface. If using ceramic tile squares in the food preparation area, the minimum size of tiles shall be 12" x 12" (twelve by twelve inches). 5) Ice machines: Are to be of adequate size and located in areas that meet the wall, floor and ceiling design standards for food preparation areas. Do not locate an ice machine near sources of potential contamination, such as exposed sewer lines, open stairwells, etc. 6) Refrigerators /freezers: Each mechanical refrigeration unit storing potentially hazardous foods must be of commercial type (even in day care center rooms) and each unit must have a munerically scaled indicating thermometer. All such units must hold foods at 41' degrees Fahrenheit or colder. Freezers must hold frozen foods at a temperature of zero (0) ° degrees Fahrenheit or colder. Walk -in coolers must be commercially built and have interiors of impervious, non- absorbent materials. Shelves must be resistant to rust. Mechanical refrigeration is required on salad bars, etc. for holding cold foods cold; holding foods in ice will not be acceptable. The processing and packaging of meat and poultry shall be conducted in a refrigerated room: a) Where the temperature is kept at 500 degrees F or less; or b) Which, along with processing equipment, undergoes a mid -shift cleanup after 4 (four) hours of operation. 7) Sinks: a) Shall be the number required by law. Stainless steel hand sinks shall be located within every twenty -five (25) linear feet of unobstructed space in food preparation and utensil washing areas so it is convenient for employees to wash hands as often as necessary. Hand -wash sinks shall be freestanding or wall hung. If a sink is too close to other equipment or sinks, a splashguard may be required. Sinks are to be of adequate size to allow for the thorough washing of hands and forearms. Liquid soap and paper towels are required at the hand sink and lotion hand sanitizer is required if gloves are not used. Lavatories, soap dispensers, hand -drying devices and all related fixtures shall be permanently mounted and kept clean and in good repair. b) A three (3) compartment sink that has basins large enough to allow immersion of the largest utensil and two (2) self draining drain - boards shall be required for manually washing, rinsing and sanitizing equipment and utensils. c) A stainless steel, four (4) compartment sink with two (2) self - draining drain - boards shall be installed in all bar areas. This requirement may be modified if glassware is sanitized in a commercial dishwasher. i. Knee pedals, electronic eye and metered faucets are not allowed in kitchen hand sinks but are allowable in public restrooms. ii. Blower dryers shall not be allowed as a means of drying hands in food preparation or dish wash areas. Common towels are also prohibited. Steam - mixing valves are prohibited. Page 24 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc iii. All dishwashing equipment shall be located in one area to prevent any cross contamination from soiled to clean dish storage or food preparation. 8) Storage rooms: Wood shelving is allowed for dry storage use only if finished with varnish or high gloss type paint to make sure it is smooth, non- absorbent, and easy to clean. Rooms are to have finished walls (minimum finish includes: taped and bedded sheetrock painted with high gloss paint) and commercial flooring with rubber cove base at floor /wall juncture. Dry storage rooms may contain refrigerators or freezers not requiring drains to the sewer for condensate removal. 9) Wait areas: If remote from food preparation or service areas, and used only for non - potentially hazardous beverage preparation, wait areas shall comply with the following requirements: a) Flooring shall be VCT or equivalent as approved by the Consumer Health Division b) Counters shall be laminate surface, solid surface, or equivalent c) Shelving below countertops shall be sealed, smooth, and easily cleanable 10) Toilet facilities: Public access shall not be through the kitchen. 1 1) Walls & ceilings: a) In food preparation, storage, utensil washing areas, and restroorns; walls, ceilings, and other architectural features shall be smooth (not textured), easily cleanable, non- absorbent, light in color, and durable. Fibrous acoustical drop -in ceiling panels are prohibited in these areas. Wall areas behind sinks or places that receive heavy use must be finished with FRP (fiberglass reinforced panels), ceramic tile, epoxy type paint or similar materials to withstand moisture. Bathroom walls shall be finished (as those listed above) behind plumbing fixtures to a height of at least four (4) feet up from the floor. Heavy food preparation areas behind stoves, grills, and fryers shall be of stainless steel from floor to ceiling. b) Surface mounted pipes shall not be installed tightly against the surface of the walls. There shall be a gap of at least two (2) inches between the pipe and the finished surface of the wall. c) All holes cut into walls and ceilings for pipes .and conduits shall be sealed, and the clearance between the floor surface and the bottom edge of a door shall be tight fitting. 12) Water heater: Must be of adequate size to provide enough hot water for all hand washing, ware washing, and cleaning. Minimum size: fifty (50) gallons. Commercial tank -less water heaters may be used. 13) At the discretion of the City of Denton, additional sinks such as pot sinks, produce washing sinks, etc. may be required. 14) Kitchens in day care centers shall comply with all rules of this code except that the size of the kitchen may be determined on a case -by -case basis as approved by the City of Denton. 15) When a foodservice establishment is extensively remodeled it must be closed during any demolition especially if water or power service is interrupted. If remodeling pertains to only a portion of the establishment, the food preparation areas shall be Page 25 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc protected by a solid wall that prevents any construction debris or other contaminates from entering the kitchen or food service areas. Section 229.171(f) is amended by adding the following: 171.2 Permit required. a) It shall be unlawful for any person, association of persons, firm or corporation to operate a food service establishment in the city without having obtained a permit under the terms of this section. b) Any person desiring to operate a food service establishment shall make written application for a permit at the office of the consumer health division. The application shall include the applicant's full name, street and post office address, and whether such applicant is an individual, firm, or corporation, and, if a partnership, the names of the partners, together with their addresses shall be included; the location and type of the proposed establishment; and the signature of the applicant or applicants. If the application is for a temporary or seasonal food service establishment, it shall also include the inclusive dates of the proposed operation. 171.3 Application fee. a) The applicant shall submit the applicable nonrefundable fee as set forth by city council by ordinance, and the schedule of fees shall be available for public inspection at the offices of the city secretary or the health officer. Notwithstanding any other provision of this chapter the payment of any fees set under this section is not applicable to the City of Denton or any political subdivision or agency of the State of Texas and the United States of America. b) Application fees for seasonal food service establishments shall be the same as those for any other similar full time food service establishment. c) An applicant shall not, under any circumstances, be entitled to a refund of application fees after an application has been filed. d) Fee Exemptions 1) Food vendors operated by a public entity, such as D.I.S.D., university, community college, or the City, may be exempt from paying the Food Vendor fee, if approved by the regulatory authority. 2) A food vendor that is not permanently permitted by the regulatory authority, but that is a recognized charitable or philanthropic organization, or that has attained 501(c) (3) status from the Internal Revenue Service, may be exempt from paying the temporary food establishment fee for a permit for a temporary event, if approved by the regulatory authority. 3) Fee exemptions granted do not exempt any food establishment from the requirement of applying for, obtaining, and displaying a food vendor permit or from complying with the provisions of this section or any other applicable law. Permits are not transferable from one person to another or from one location to another location. A valid permit must be posted in or on every food establishment regulated by this ordinance, in a location conspicuous to the consumer. 171.4 Permit issuance. a) Upon receipt of an application and payment of the applicable fee, the health officer shall make an inspection of the premises where the business is to be conducted. If the premises comply with the terms of this article and with all current requirements of the zoning Page 26 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc ordinance, other ordinances and state law, a permit shall be issued to the applicant upon payment of the permit fee. The applicable fees shall be set by city council by ordinance and the fee schedule shall be available for public inspection at the offices of the city secretary or the health officer. The applicant shall submit the applicable nonrefundable fee as set forth by city council before a permit will be issued. b) Notwithstanding any other provision of this chapter, the payment of any fees set under this section is not applicable to the City of Denton or any political subdivision or agency of the State of Texas and the United States of America. I) In the event a food permit application is rejected, the administrator shall notify the applicant of the rejection in writing. The notice shall specify the reasons wily the permit is denied. The decision of the administrator is final unless the applicant shall file an appeal as provided in Section 13 -34. The decision of the administrator shall continue in effect until the final decision of the committee. 2) Perinits shall not be transferable. A person who acquires an existing food service establishment shall not operate the establishment without obtaining a new permit within ten (10) days from the date of the change of ownership. 3) Upon change of ownership of a business, the new owner shall be required to meet current food establishment standards as defined in this code and state food rules before a permit may be issued by the Consumer Health Division. 4) If the establishment changes the name of the business only, they have 10 days from the date of the name change to notify the Consumer Health Division in writing. 5) Each food service establishment shall display all valid health permits in public view in the establishment. a) A permit shall be valid for a period of twelve (12) months with the expiration date being the last day of the month the permit was issued; temporary, and seasonal permits shall expire in accordance with their terms, unless suspended or revoked by the health officer. b) Acceptance of a permit issued by the administrator constitutes agreement by the establishment to: 1) Comply with all conditions of the permit and all applicable provisions of this chapter; 2) Allow the lawful inspection of its facility and operations. 3) Inspections of newly constructed establishments prior to opening shall be done: i. when equipment is set in place; ii. at least 2 weeks prior to opening; and iii. At least 2 days prior to opening. 171.5 If inspections are called for before the establishment is ready for them, the owner may be charged an administrative fee. 171.6 Expiration and renewal of permits. a) A permit lapses and is void unless the applicable permit fee is received by the City of Denton before the expiration date of the existing permit. Page 27 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc b) A permit lapses and is void if the food service establishment operating under the permit constructs a new facility or changes ownership. c) Permit renewal fees that are not received by the expiration date, will be assessed an additional administrative fee. 171.7 Revocation of permit. The consumer health administrator may, after providing opportunity for a hearing, revoke a permit if the administrator determines that the manager or owner of a food service establishment has: a) Interfered with the health officer in the performance of his duties; or b) Been convicted twice within a twelve -month period for a violation of this chapter; or c) Failed to comply with a hold order or a condemnation order; or d) Failed to comply, within the time specified, with an order to correct or abate an imminent and serious threat to the public health or safety; or e) Intentionally or knowingly impeded a lawful inspection by the health officer; or f) Been closed two (2) or more times within a twelve -month period for conditions that constituted a serious and imminent threat to public health. 171.8 Prior to revocation, the health officer shall notify the holder of the permit, or the person in charge of the food service establishment, in writing, of the reason for which the permit is being revoked and that the permit shall be revoked at the end of five (5) days following service of such notice unless a written request for a hearing is filed with the city by the holder of the permit within such five -day period. If no request for hearing is filed within the five (5) calendar day period, a final notice of revocation shall be served. Upon receipt of the final notice of revocation, the food service establishment shall immediately cease operation and the permit shall be considered finally revoked. 171.8 Application after revocation. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit. 171.9 Service of notices. A notice provided for in this article is properly served when it is delivered to the holder of the permit, or the person in charge of the food service establishment, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the city secretary. 171.10 Appeal from denial or revocation of a permit. If the health officer denies the issuance of a permit or a permit is finally revoked, the officer shall send the applicant or permit holder by certified mail, return receipt requested, written notice of the denial or revocation and of the right to an appeal. The applicant or permit holder may appeal the decision of the health officer to the Health and Building Standards Commission — (HaBSCo) by giving written notice to the administrator within ten (10) days of the receipt of the denial or revocation notice. 171.11 Hearing. A hearing of the appeal shall be conducted by the Health and Building Standards Commission. The hearing shall be held at a time and place designated by the Health and Building Standards Commission. The Health and Building Standards Commission shall hear and consider evidence Page 28 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc offered by any interested person. Based upon the recorded evidence of such hearing, the Health and Building Standards Commission shall sustain, modify or rescind any notice, or order, considered in the hearing by a majority vote and provide a written report of the hearing decision to the holder of the permit. The decision of the Health and Building Standards Commission is final as to administrative remedies, and no rehearing may be granted. Once the decision of the Health and Building Standards Commission is final under this section, the applicant or permit holder may appeal the decision to the state district court or court of appropriate jurisdiction. 171.12 Registration of food service establishments based outside city. A food service establishment or commissary operating from a facility located outside the city that sells, distributes or transports food inside the city may not conduct operations inside the city unless the food service establishment: a) Furnishes the health officer with a certificate from a health authority having jurisdiction over the establishment indicating that the establishment complies with applicable health laws; or- b) Furnishes the health officer other information that the administrator determines is necessary to enforce the provisions of this chapter or otherwise protect the public health or safety. Section 229.171(g)(6) is amended by adding the following: 171.13 Authority to inspect. a) The health officer may inspect any and all things offered for sale, given in exchange or given away for use as food or drink for human consumption, and he /she shall have the authority to enter any food service establishment in the city, as authorized by law for the purpose of such inspection. b) The Consumer Health Division will conduct risk -based inspections and where the risk of food -borne illness is low, the Consumer Health Division, at its discretion, may lower the number of required inspections performed to a minimun of one each year. However, if the Consumer Health Division feels that a food service establishment poses a higher risk of food -borne illness, the Consumer Health Division shall conduct inspections as often as necessary to ensure enforcement of these rules. 171.14 Power to examine food service establishment records. a) The health officer shall have the authority to examine the records of a food service establishment in order to ensure compliance with all provisions of this ordinance or of state law. b) The health officer shall have the authority to require written documentation of cool down methods used and reheating times in order to verify compliance with food temperature items on the foodservice establishment inspection form. Section 229.171(i)(2) is amended by adding the following: 171.15 The city health officer, after proper identification, shall be permitted to enter any food service establishment at any reasonable time for the purpose of making inspections to determine compliance with these rules. The officer shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used, or to persons employed. 171.16 The following types of establishments are exempt from inspection requirements: Page 29 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc a) Group homes; b) Establishments selling only commercially packaged, non - potentially hazardous foods; c) Vending machines that sells only commercially packaged, Non -PHF; and d) Facilities operated by nonprofit organizations for their members, families and invited guests. 171.17 Facilities are not exempt when food service is provided in conjunction with a child care facility, retirement center, hospital, school, indigent feeding program, or public fundraising events. Section 229.1710) is amended by adding the following: 171.18 Report of inspections. Whenever an inspection of a foodservice establishment is done, the health officer shall record the findings on the inspection report form. The inspection report form shall summarize the requirements of these rules and shall set forth a weighted point value for each requirement. Inspection remarks shall be written to reference, by section number, the section violated and shall state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from one hundred (100). The health officer shall furnish a copy of the inspection report form to the person in charge of the establishment at the conclusion of the inspection. Section 229.1716)(6) is amended by adding the following: 171.19 Re- inspection. a) Any food service establishment inspected by the City of Denton Consumer Health Division which receives a score of seventy-five (75) or below on any inspection shall be re- inspected. b) This re- inspection shall be performed in the same manner, using the same form, as the previous inspection. c) If, upon subsequent re- inspection of the establishment, the health officer finds that sufficient measures were not taken to bring the score above a total of seventy-five (75), he will issue a citation and schedule a date for another re- inspection. The health officer shall continue to perform re- inspections until the establishment has made sufficient progress to warrant a score above seventy -five (75). The issuance of a citation for failure to meet the required score upon re- inspection shall not in any way limit the ability of the inspector to issue any other citation for any violation of this chapter. d) Re- inspection for failure to meet the required score shall be performed within fourteen (14) calendar days immediately following the original inspection, or as soon as possible thereafter, except that where an establishment is closed due to a score below sixty (60), pursuant to section 13 -44, the original inspector shall determine the time of the re- inspection. e) Any food service establishment owner or manager that receives a score which he feels is unacceptable, may request a re- inspection. A re- inspection fee shall be required and shall be paid before the re- inspection will be performed. The health inspector shall perform the requested re- inspection within two weeks of the re- inspection fee payment. Only one re- inspection may be requested within any six (6) month period. 171.20 Fee for re- inspection. Page 30 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc a) The fee for re- inspection shall be one -half the annual permit fee of the establishment receiving the re- inspection. b) A re- inspection fee will be charged for each re- inspection necessary to bring the food establishment's score above seventy -five (75). c) Payment of the re- inspection fee shall not void, or in any way affect the responsibility of the owner or permit holder for payment of any fines for any other violations of this chapter. d) The person, partnership, or corporation listed as "owner" on the original application shall be responsible for payment of any and all fees, including re- inspection fees. e) Payment of the re- inspection fee shall be made within 5 business days after the re- inspection is performed. 171.21 Violations. a) The Building Official of the City of Denton, or any of his designated employees, shall have the responsibility and power to enforce all provisions of this chapter within the corporate limits of the City of Denton, Texas. b) Whenever the health officer determines that there has been a violation of any provision of this chapter, which in his /her- judgment can jeopardize the public health, or for violation of any items, which have been noted as problems on two (2) or more consecutive inspection reports, the health officer may issue a written citation for said person to appear in court. c) It shall be unlawful for any person to knowingly give the health officer a false name when such officer requests the name of said person for purposes of enforcing the provisions of this chapter. Section 229.171(k) is amended by adding the following: 171.22 Authority to close. a) The health officer shall close without warning any building or place described in this chapter and prevent its use for the storage, manufacture, or sale of food or drink for human consumption whenever: 1) The health officer, upon inspection of an establishment, finds sufficient violations which cause the rating score of said establishment to be below a total of sixty (60) points; 2) The health officer finds that an establishment is operating with no working refrigeration units; 3) The health officer finds that an establishment is operating without running water or hot water for a period of more than one (1) hour; 4) The health officer finds an establishment is operating without a functioning ware - washing machine or adequate sinks for manual ware - washing; and 5) The health officer finds any food service establishment with an unreasonable infestation of rodents or insects. b) It shall be the duty of the health officer to post a notice of closure for such conditions at the entrance of such building or place and to maintain the same until such conditions or practices have been removed or abated. Page 31 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc c) No person shall remove or alter in any way a sign, which has been posted by the health officer. Section 229.171(n) is amended by adding the following: 171.23 Examination and condemnation of food. The health officer shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. The health officer shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. 171.24 Appeal from hold order. The hold order shall state that a request for hearing to appeal the hold order may be filed within five (5) days and that if no hearing is requested, the food shall be destroyed. If requested, a hearing shall be held on the basis of evidence produced at that hearing by the Health and Building Standards Commission. The Health and Building Standards Commission may vacate the hold order or direct the owner or person in charge of the food to denature or destroy such food or to bring it into compliance with the provisions of this chapter. SECTION 2. The Health Permit Fee Schedule set forth in Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby adopted and authorized to be imposed for the purposes of application for, and issuance of, permits required for compliance with the provisions of Chapter 13 "Food and Food Service Establishments ". SECTION 3. This ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 4. Any person violating any provision of this ordinance, shall upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. If any provision of this ordinance or application thereof to any person or circumstance is held invalid by any court, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares that it would have enacted the remaining portions despite any such validity. SECTION 6. Save and except as amended hereby, all the sections, subsections, and clauses of Chapter 13 Food and Service Establishments of the Code of Ordinances of the City of Denton, Texas shall remain in full force and effect. SECTION 7. This ordinance shall become effective, after its passage and approval on, , 2014, 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 2014 Page 32 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY i BY:�� 2}�. MARK A. BURROUGHS, MAYOR Page 33 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc EXHIBIT A: Health Permit Fee Schedule: See new fees hi- lighted in yellow Type of Health Fee's Fee Amount 1. Two year food handler card ... $25.00 2. Manager Certification Registering Fee with the City... $10.00 3. Swimming Pool Operator Certification ... $50.00 4. Replacement Cards... $ 5.00 5. Beer and wine permit- New application processing fee ... $25.00 6. Wine and beer retailer's permit on premises ... 1/2 of TABC charge 7. Wine and beer retailer's off premises ... '/2 of TABC charge 8. Retail dealer's on premise license beer only ... '/2 of TABC charge 9. Retail dealer's on premise late hours license ... '/2 of TABC charge 10. Mixed Beverage permit - application fee ... $25.00 11. Mixed Beverage permit fee '/2 of TABC charge 12. Mixed Beverage Late hours '/2 of TABC charge 13. Annual swimming pool permit ... $160.00 14. Re- inspection Fee for pools ... $ 80.00 15. Small Restaurant <= 2,000 sq ft... $310.00 16. Large Restaurant >= 2,001 sq ft... $485.00 17. Small Grocery Store <= 12,000 sq ft... $325.00 18. Large Grocery Store >= 12,001 sq ft... $450.00 19. Convenience Store, no Deli $250.00 20. Convenience Store with Deli $300.00 21. Bars $275.00 22. Concession Stands, Seasonal Permits $175.00 23. Mobile Food Unit - Class I (pre- packaged foods) $175.00 24. Mobile Food Unit - Class 2 (foods prepared on vehicle) $310.00 25. Mobile Food Unit - Class 3 $175.00 26. Mobile Food Unit - Class 4 $ 75.00 27. Daycare Facility... $150.00 plus $1.00 /each child licensed 28. Nursing Home... $275.00 29. School Cafeteria... $150.00 30. Temporary Permit ... $ 35.00 31. *Farmer's /Community Market Annual Permit ... $240.00 Page 34 of 35 s: \legal \our documents \ordinances \14 \proposed food ordinance 03- 18- 14.doc 32. *Farmer's /Community Market Monthly Permit ... $ 40.00 33. * *Application fee for all new permits $250.00 34. ** *Administrative Fee ... $ 35.00 Fees are non- refundable. *Sales of whole or uncut produce shall be exempt from permits and fees * *Application fee shall not apply to Temporary Food Service Establishments * ** Administrative fees may be charged for the following, but not limited to: late payment of any annual health permit fees; late application and payment of fees for temporary events; failure to have a mobile unit inspected when due; change of name of business only; re- inspections of new or remodeled establishments when contractor calls for inspection but is not ready when the inspectors begin the inspection. Page 35 of 35 Consent Agenda H AGENDA INFORMATION SHEET DATE: March 18, 2014 DEPARTMENT: Solid Waste CM/ ACM: Jon Fortune K SUBJECT Consider adoption of an ordinance approving an easement agreement granting such easement to Atmos Energy Corporation, which 0.120 acre easement tract is located in the 1000 block of South Mayhill Road, to encumber land owned by the City of Denton, located in the G. Walker Survey, Abstract No. 1330; and providing an effective date. BACKGROUND Atmos Energy is currently in process of establishing a gas service connection in respect the compressed natural gas (CNG) initiatives currently slated at the Municipal Landfill. The grant of the subject easement to Atmos Energy would provide for the near -term extension of a gas distribution line to serve immediate CNG operational needs. OPTIONS 1. Approve the proposed Ordinance. 2. Decline to approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION /REVIEW (Council, Boards, Commissions) No prior action concerning the subject easement grant. FISCAL INFORMATION The extension of the contemplated gas distribution line, to be owned, operated and maintained within the confines of the subject easement by Atmos Energy, to solely serve City of Denton CNG operations is regarded as consideration in the context of an easement grant. Agenda Information Sheet March 18, 2014 Page 2 EXHIBITS 1. Location Map 2. Ordinance Prepared by, PoAxf— .41 f Paul Williamson, Real Estate & Capital Support Manager Respectfully submitted, Vance Kemler, General Manager Solid Waste Location Mab EXHIBIT I attachment to AIS Proposed Atmos Easement Area EXHIBIT 2 attachment to AIS ORDINANCE NO. 2014- CONSIDER ADOPTION OF AN ORDINANCE APPROVING AN EASEMENT AGREEMENT GRANTING SUCH EASEMENT TO ATMOS ENERGY CORPORATION, WHICH 0.120 ACRE EASEMENT TRACT IS LOCATED IN THE 1000 BLOCK OF SOUTH MAYHILL ROAD, TO ENCUMBER LAND OWNED BY THE CITY OF DENTON, LOCATED IN THE G. WALKER SURVEY, ABSTRACT NO. 1330; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Atmos Energy Corporation is slated to be the natural gas utility service provider for operations at the City's municipal landfill facility, and WHEREAS, Atmos Energy Corporation ( "Grantee ") has requested that the City enter into an Easement Agreement, a copy of which is attached hereto and made a part hereof by reference (the "Easement Agreement ") to extend natural gas distribution facilities for the provision of natural gas service to City operations, and WHEREAS, the City Council finds that the Easement Agreement is in the public interest and the consideration being paid by Grantee constitutes fair market value for the Easement Agreement; 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 true and correct and are incorporated herein by reference. SECTION 2. The Easement Agreement is hereby approved. The City Manager or his designee is hereby authorized to execute the Easement Agreement on behalf of the City. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall 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 , 2014. ATTEST: JENNIFER WALTERS, CITY SECRETARY 0 FORM I F-I'm able "'Wel Em I WERM a 1063 plimm By: Page 2 EXHIBIT A to the Atmos Energy Corporation easement related to 1000 Block of South Mayhill Road EASEMENT AGREEMENT THE STATE OF TEXAS, § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: This Easement Agreement (this Agreement ") is entered into between the City of Denton, Texas, a home rule municipal corporation of Denton County, Texas ( "GRANTOR ") and Atmos Energy Corporation, a Texas corporation ( "GRANTEE "). For and in consideration of Ten Dollars and No Cents ($10.00) and other good and valuable considerations in hand paid, the receipt of which and sufficiency of which is hereby acknowledged, and in consideration of the covenants contained herein, GRANTOR and GRANTEE agree as follows: 1. Subject to the terms of this Agreement, GRANTOR hereby grants to GRANTEE an easement (the "Easement" or "Easement Property") over, under and across the tract of land described in Exhibit "A" and illustrated in Exhibit `B ", both of which are attached hereto and made a part hereof by reference. This grant is made subject to all matters of record affecting the Easement Property. 2. The Easement shall only be used for the purpose of and the right to, construct, install, erect, inspect, operate, replace, change or remove, maintain or connect any necessary pipelines, fixtures, equipment and appurtenances above and below ground, (the "Facilities ") used in connection with GRANTEE's business as a natural gas provider. 3. GRANTEE shall have all of the rights and benefits necessary or convenient for the full enjoyment or use of the right herein granted, including, but without limiting the same to the free right of ingress to and egress over and across said lands to and from said right -of- way and easement and the right from time to time to cut, undergrowth and other obstructions on the Easement Property, that may injure, endanger or interfere with the use of said facilities. GRANTEE shall also have the ability to remove any trees in the Easement Property and surrounding areas with the written approval of GRANTOR. The GRANTEE shall have the right to assign this grant in whole or in part with the written consent of GRANTOR, which consent shall not be unreasonably withheld. 4. This easement is granted upon the conditions that GRANTEE's Facilities to be constructed shall be maintained and operated by GRANTEE at no expense to GRANTOR and GRANTOR shall not be responsible for any costs of construction, reconstruction, operation, maintenance, relocation, adjustment, or removal of GRANTEE's Facilities. 5. GRANTEE shall and does hereby agree to indemnify and hold harmless GRANTOR from any and all damages, loss or liability of any kind whatsoever by reason of injury to person, property or third party occasioned by any negligence or willful misconduct of Page 1 GRANTEE or its invitees in the use of the Easement Property, including the Facilities and maintenance of such improvements (but excluding the actions of GRANTOR); and the GRANTEE shall, at its own cost and expense, defend and protect GRANTOR against any and all such claims and demands. 6. GRANTEE shall diligently repair any damage to improvements on the Easement Property or surrounding property and shall restore the surface of the Easement Property and surrounding property from damage resulting from GRANTEE's use of the Easement Property. 7. GRANTEE shall, at its own cost and expense comply with all applicable laws, including but not limited to zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for* the correction, prevention and abatement of nuisances in or upon or connected with said premises because of GRANTEE's use thereof. 8. It is agreed that this grant covers all the agreements between the parties and that no representation or statements, verbal or written, have been made modifying, adding to, or changing the terms of this Agreement. TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns, so long as the right and easement herein granted, or any one of them shall be used by, or useful to, GRANTEE for the purpose herein granted, with ingress to and egress from the premises for the purpose of constructing, inspecting, operating, maintaining, repairing, altering, replacing, changing the size of and removing the Facilities of GRANTEE herein described. In TESTIMONY WHEREOF, the Parties herein have executed this Agreement this day of March, 2014. GRANTOR: CITY OF DENTON By: George C. Campbell, City Manager Page 2 Approved as to form: Anita Burgess, City Attorney Denton, Texas ACCEPTED AND AGREED: ATMOS ENERGY CORPORATION By: Name: Title: ACKNOWLEDGMENT(s) THE STATE OF TEXAS § COUNTY OF DENTON § George C. Campbell, City Manager of the City of Denton, Texas, on behalf of such municipality, acknowledged this instrument before me on, 2014. Notary Public in and for the State of Texas My Commission Expires: THE STATE OF TEXAS § COUNTY OF § , the of Atmos Energy Corporation, on behalf of such corporation, acknowledged this instrument before me on, 2014. Notary Public in and for the State of Texas My Commission Expires: Page 3 A- rthur Surveying Co., Inc. 1?z'ofesszorta -Y I=.a 241 Sux-rreyors P.O. Sox 54 -- Lewisville, Texas 75067 Offico: (972) 221 -9439 -- Fax: (972) 221 -4675 EXIBBIT "A" ATMOS EASEMENT 0.120 Acre City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the Gideon Walker Survey, Abstract Number 1330, City of Denton, Denton County, Texas, and being part of a tract.of land described by deed to The City of Denton, recorded, under Instrument Number 2013- 84330., Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" set for comer being the southwest corner of said City of Denton tract and the northwest comer of a tract of land described by deed to The City of Denton, recorded under Instrument Number 2013 - 26880, O.P.R.D.C.T., same point being in the occupied east right -of -way line of Mayhill Road; THENCE North 00 degrees 50 minutes 29 seconds East, with the occupied east right -of -way line of Mayhill Road, a distance of 251.58 feet; THENCE North 81 degrees 56 minutes 58 seconds East, over and across said City of Denton tract (Instr. No. 2013- 84330), a distance of 33.78 feet to the POINT OF BEGINNING; THENCE North 81 degrees 56 minutes 58 seconds East, over and across said City of Denton tract (Instr. No. 2013- 84330), a distance of 50.88 feet to a point for corker; THENCE South 02 degrees 38 minutes 08 seconds West, over and across said City of Denton tract (Instr. No. 2013- 84330), a distance of 109.43 feet to a point for comer; THENCE North 87 degrees 21 minutes 52 seconds West, over and across said City of Denton tract (Instr. No. 201344330), a distance of 50.00 feet to a point for comer; THENCE North 02 degrees 38 minutes 08 seconds East, over and across said City of Denton tract (Instr. No. 2013- 84330), a distance of 100.00 feet to the POINT OF BEGINNING and containing 0.120 acre of land, more or less. 01107131 -56 Parcel Ml l l -Atmos Esmt "X" Fnd I Tram.) pLR.F. tN I Lot 1 —Lt Block A I I(� --�— 0.105 Acre R.O.W. Roalon Group Bustnese Pnrk IW Dedlcolkn per plot Cnbinc! Q Page 350 I I Cob. P, Pg. 145 �` I I ' ;� ' Q ~ • PPublic Mt itY w I •-1 I O I � 8N I too 0 30 104 S8933'13 "£Z 4 _ Eoa m"enr _ r 5 art °At g~ SCALE: 1" =100' 26.46' I 1 t= 11� Lon p� 172 Bearings shown hereon based on the City. of " V yo147at 869 I Denton'GIS Network. Easan�rn S89-33'1.3 E P ��- 011ltof LR --- U- - - - - -- _�,�� = - -- I.R.F. L2 NOTES: + �� I Ll ro• cos Lbe Easement $ 0 • I.R.F. =112 Iron Rod Found I lnstr. Na 21706 -36829 133 • I.R.S. =1i2" Iron Rod Set with allow "Aithur surveying company" LS I ' 0.120 Acre 00!!: ct i • All improvements not shown hereon r �� Atmos Easement 00 OR I (5,236 sq. f.) I 0 aW ' I NCI U n o'� City of Denton 3 oN Instrument No. 2013 -84330 o I I I 1.R.51 S88 48'03 E - - - - - -- -- 417.33_-------- - Point of Commencement �. N ohi II OBI l r� City of Denton insttvmaat No. 2013 -28 L - -` S8631'10E 880 201.73' - I.R.F. ^oi I h r I I i 1 � 1 1" 11 Found ( "'Ve Pippe LDM TABLE. EXHIBIT "B" Atmos Easement 0.120 Acre Gideon Walker Survey, Abstract Number 1330 City of Denton Denton County, Texas —2014— Ll N81 °56158"E 33.78' L2 NS a56'58"E 50.88' L3 S02 *38'08"W 109.43' L4 NSM1'52"W 50.001 L5 NO2 *38'08"E 100.00' Frthur surveying. Co.Inc. +essurv+eytonc P.O.Box 54 — Lewisville. Tess 75667 Offiee: (972) 221 -9439 Fax: (972) 221 -4875 Estatblished 1986 Consent Agenda I AGENDA INFORMATION SHEET AGENDA DATE: March 18, 2014 DEPARTMENT: Environmental Services and Sustainability ACM: Howard Martin, 349 -8232 *1--- SUBJECT Consider adoption of a Resolution of the City of Denton, Texas establishing a Municipal Green Building Policy for the City of Denton, Texas and declaring an effective date. BACKGROUND In response to requests for additional information regarding building rating systems for municipal buildings, staff provided the Committee on the Environment (COE) a comprehensive review of multiple systems. Discussions about building rating systems were taking place during the review and approval process for Fire Station No. 2 reconstruction. Additional questions were raised during this process about appropriateness of green building requirements for all municipal facilities. Multiple presentations were made to the COE over a five -month period to develop a policy and procedure to address the nature of municipal facilities. The policy recognizes efficient use of natural resources is necessary for all facilities, and requires all construction projects to include measures to ensure those goals are met. Projects that may be appropriate for a building rating system would be over 5,000 square feet and have a significant public use. Facilities that meet that threshold would require a feasibility study to determine appropriateness of pursuing LEED or other building rating system. The intent is to first identify energy and water rating areas that have an identifiable rate of return. With a thoughtful approach to green building the city can reduce the use of natural resources and save city dollars over the useful life of facilities. The COE directed staff to develop a Resolution to formally establish the Municipal Green Building Policy. OPTIONS 1. Recommend approval of the proposed Resolution. 2. Recommend to decline to approve the proposed Resolution. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Resolution. PRIOR ACTION /REVIEW (Council, Boards, Commissions) This policy is recommended by the City Council Committee on the Environment (COE). July 9, 2013 COE August 4, 2013 COE September 9, 2013 COE October 7, 2013 COE November 19, 2013 COE February 3, 2014 COE BID INFORMATION Not applicable EXHIBITS 1. Resolution 2. Municipal Green Building Policy 3. LEED Project Checklist 4. Green Building Flow Chart Respectfully prepared and submitted by, 4 4ti: Kenneth Banks. Director, Environmental Services and Utility Budgets Prepared by, � r Katherine Barnett Sustainability and Special Projects Administrator EXHIBIT 1 fax, •# • ' 1 ,E 0 9 WHEREAS, the City of Denton, Texas desires to include sustainable design and buildin'V �iractices in all new City of Denton construction located within the City; and WHEREAS, the City recognizes that energy efficiency and water efficiency are known to reduce operating costs in both new construction, and in retrofit and remodels; and WHEREAS, Leadership in Energy and Environmental Design (LEED) and other simid" rating programs identify a range of actions that define energy efficient buildings and establi certification processes for both new and existing buildings; and I WHEREAS, a number and a variety of North American municipalities have implementei green building and energy efficient building policies; and WHEREAS, it is important for the City to have a policy and process to follow whC-Mj determining minimum criteria for new construction; and I WHEREAS, the City is committed to building the most efficient and healthy buildings for our citizens and workforce; NOW THEREFORE SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _ _ _ . . .... _s 2014 ATTEST: JENNIFER WALTERS, CITY SECRETARY 0 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: . . . ....... 0 ml EXHIBIT 2 Municipal Green Building Policy Buildings Less than 5,000 Square Feet Basic Standards for buildings less than 5,000 square feet (Green Building Working Group reviews standards and oversees implementation) Based on either the most current version of LEED prerequisites, or local building codes, whichever is more stringent Standards reviewed annually to ensure that the most appropriate is being applied The same Green Building Working Group would be beneficial to the process of reviewing buildings over 5,000 square feet. Buildings Over 5,000 Square Feet (Basic Standards or High Use Path) Green Building Working Group could establish further criteria to ensure that proposed facilities are placed on the correct path. Low public use, or limited access facilities • Follow Basic Standards Path for Green Buildings. • Examples of facilities that could fall into this category are listed below. • Fleet Services • Service Center • Water and Wastewater Treatment Plant facilities • Solid Waste facilities • Some fire stations Significant public use, or extended hours facilities • Follow High Use Path and conduct a Green Building Feasibility Study • Feasibility Study during initial planning stage of the building • Combination of third party, internal Green Building Working Group and Facilities Management • Third party prepares cost and ROI estimates to best determine feasibility. • Examples of potential High Use facilities are: • Libraries • Recreation Centers • Civic Center • Justice Center • City Halls • Fire Stations M H x W N V � N N M O O O O O Le) y M m �. - �' f0 � � � � N O v N 4 op are. c o U C3 O t? 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'O 'O 'O 'O v v d d v V v V v V v V v V v V v V v V v V v v V V v V v V v V v V #+ c v V v V v V v V v V v V W v V v V v v V V Q Z Q Z Q Z O r i i O r O r 0 0 0 N N Y U N t U N U N O d C O N .C� L N U 7 N N u 3 v z `o w F- m X W oA m v v C7 C� V O N O ca E ca 0 O U z C� C� V C� 0 v a� O v � O � o 0 � A W w 0 v a� O v � O � o 0 � A W a S: \Legal \Our Documents \Miscellaneous \14 \AIS Noise Enforcement consolidation Amendment.doc Consent Agenda J AGENDA INFORMATION SHEET AGENDA DATE: March 18, 2014 DEPARTMENT: Legal Department CA: Anita Burgess, City Attorney SUBJECT: Consider adoption of an ordinance repealing redundant and inconsistent noise provisions from the Denton Development Code, consolidating noise enforcement authority in existing provisions of the Denton Code of Ordinances and existing state law; directing the codifier to cross reference as needed; clarifying enforcement authority; and establishing an effective date. BACKGROUND: This item has been briefed as privileged legal advice in the City Attorney's Status Report dated March 14, 2014. OPTIONS: Approve, deny, or postpone the action. RECOMMENDATION: Staff recommends approval of this Ordinance as a clarification of wording, in accordance with original intent. 1 City Attorney s: \legal \our documents \ordinances \14 \consolidation of codified noise provisions -al edits.doc ORDINANCE NO. AN ORDINANCE REPEALING REDUNDANT AND INCONSISTENT NOISE PROVISIONS FROM THE DENTON DEVELOPMENT CODE, CONSOLIDATING NOISE ENFORCEMENT AUTHORITY IN EXISTING PROVISIONS OF THE DENTON CODE OF ORDINANCES AND EXISTING STATE LAW; DIRECTING THE CODIFIER TO CROSS REFERENCE AS NEEDED; CLARIFYING ENFORCEMENT AUTHORITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to consolidate redundant and inconsistent noise provisions of the Denton Development Code and Denton Code of Ordinances, to facilitate enforcement of noise provisions; and WHEREAS, the City Council desires to reassure and clarify that its repealer of redundant and inconsistent noise provisions is not intended to imply that excessive noise will be tolerated under those circumstances, and to that end, desires to direct the Codifier to clarify through cross - references and notes that existing noise provisions already codified by ordinance and State law are to be applied instead, at the discretion of the police and prosecutor, as appropriate to the facts sworn to by the complainant; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Subsection 35.12.11.A. of the Denton Development Code is henceforth repealed as unnecessary and redundant. All remaining subsections of Section 35.12.11 are to remain in place as written. The Codifier is directed to make appropriate notes, cross - references and State law references as necessary to clarify that the existing noise provisions codified at Denton Code §17-20, or Texas Penal Code §42.01(a)(5) may be charged instead, at the discretion of prosecutor, as appropriate to the facts sworn to by the complainant. SECTION 2. Subsection 35.22.5.C. of the Denton Development Code is henceforth repealed as unnecessary and redundant. All remaining subsections of Section 35.22.5 are to remain in place as written. The Codifier is directed to make appropriate notes, cross - references and State law references as necessary to clarify that the existing noise provisions codified at Denton Code §17-20, or Texas Penal Code §42.01(a)(5) may be charged instead, at the discretion of the prosecutor, as appropriate to the facts sworn to by the complainant. SECTION 3. Subsection 35.22.2. of the Denton Development Code is henceforth amended by deleting the "Ambient Noise Level" term and definition in its entirety. All remaining terms and definitions of Subsection 35.22.2 are to remain in place as written. SECTION 4. Subsection 35.22.6.B.3.q. of the Denton Development Code is henceforth repealed as unnecessary and redundant. All remaining subsections of 35.33.6.B. are to remain in place as written. SECTION 5. Chapter 23, Article I of the Denton Code is hereby amended by adding new Section 23 -1, to read in its entirety as follows: Sec. 23 -1. Authority of police officers. All peace officers who are members of the City of Denton Police Department are invested with all the power and authority given to them as peace officers under the laws of the State of Texas, and they have the power and authority to enforce all City of Denton ordinances and regulations within the corporate limits of the city. This section does not exclude enforcement of city ordinances or regulations by other city departments as directed by the city manager or by ordinance. SECTION 6. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014. ATTEST: JENNIFER WALTERS, CITY SECRETARY IS • APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: MARK A. BURROUGHS, MAYOR Page 2 Individual Item A AGENDA INFORMATION SHEET AGENDA DATE: March 18, 2014 DEPARTMENT: Engineering Services CM/ ACM: Jon Fortune Y SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain (i) fee simple to the surface estate, with waiver of surface use to the mineral estate, of a 3.966 acre tract, subject to reservation of right of way for passage of livestock, pedestrian and vehicular travel on, over and across a 0.171 acre tract; (ii) a temporary construction, grading and access easement encumbering a 0.588 acre tract; and (iii) private easement appurtenant rights of ingress and egress encumbering a 0.295 acre tract, all for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 3900 block of Quailcreek road (a private road), each affected tract located in the David Hough Survey, Abstract No. 646, City of Denton, Denton County, Texas, as more particularly described on "Exhibit "A ", attached hereto and made a part hereof, (collectively the "Property Interests ") authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; authorizing the expenditure of funds therefore; making findings; providing a savings clause; and providing an effective date. (Mayhill Road Project — Parcel M 13 9 — Donnelly) BACKGROUND Beyond the offer(s) to purchase being made, there has been no substantive response or negotiations with the affected property owner for the subject land rights necessary for the Mayhill Road Widening and Improvements project. Approval of the subject ordinance authorizes staff to acquire the land rights necessary by way of the exercise of the City's eminent domain authority. OPTIONS 1. Approve the proposed Ordinance. 2. Decline to approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. Agenda Information Sheet March 18, 2014 Page 2 PRIOR ACTION /REVIEW (Council, Boards, Commissions) The City Council April 16, 2013 meeting (Executive Session briefing). FISCAL INFORMATION The overall Mayhill Road Widening and Improvements project is being funded with a combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP `08) funds and City of Denton local match funds. The overall costs for the Property Interests sought, as to be determined via eminent domain proceedings, are to be funded through a combination of these funding sources. EXHIBITS 1. Location Map 2. Ordinance zt�"_ Respectfully submitted: For: John T. Davis, P.E. Director, Engineering Services Prepared by: Paul Williamson Real Estate & Capital Support Manager AIL CREEK Donnelly Property Location DENTON REGIONAL MEDICAL CENTER Locction Map O DONNELLY Parcel M139 Mayhill Road Widening and Improvements EXHIBIT 2 ORDINANCE NO. 2014- AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE THROUGH THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN (I) FEE SIMPLE TO THE SURFACE ESTATE, WITH WAIVER OF SURFACE USE TO THE MINERAL ESTATE, OF A 3.966 ACRE TRACT, SUBJECT TO RESERVATION OF RIGHT OF WAY FOR PASSAGE OF LIVESTOCK, PEDESTRIAN AND VEHICULAR TRAVEL ON, OVER AND ACROSS A 0.171 ACRE TRACT; (II) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT ENCUMBERING A 0.588 ACRE TRACT; AND (III) PRIVATE EASEMENT APPURTENANT RIGHTS OF INGRESS AND EGRESS ENCUMBERING A 0.295 ACRE TRACT, ALL FOR THE PUBLIC USE OF EXPANDING AND IMPROVING MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY; GENERALLY LOCATED IN THE 3900 BLOCK OF QUAILCREEK ROAD (A PRIVATE ROAD), EACH AFFECTED TRACT LOCATED IN THE DAVID HOUGH SURVEY, ABSTRACT NO. 646, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON "EXHIBIT A ", ATTACHED HERETO AND MADE A PART HEREOF, (COLLECTIVELY THE "PROPERTY INTERESTS ") AUTHORIZING THE FILING AND PROSECUTION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY INTERESTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; MAKING FINDINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ( MAYHILL ROAD PROJECT — PARCEL M139 — DONNELLY) WHEREAS, the City of Denton, Texas (the "City ") has initiated the widening and expansion of Mayhill Road affecting, among other lands and interests, the Property Interests; WHEREAS, the widening and expansion of Mayhill Road constitutes a valid public use of the City and its citizens; WHEREAS, the City made a written Initial Offer (herein so called) Robert P. Donnelly, the owner of the Property Interests ( "Owner ") on or before December 28, 2013; WHEREAS, the City provided to the Owner of the Property Interests at the time of presenting the Initial Offer, by certified mail, return receipt requested, all appraisal reports produced or acquired by the City relating specifically to the Owner's property prepared in the ten (10) years preceding the date of the Initial Offer; WHEREAS, the Initial Offer made by the City to the Owner of the Property Interests did not include a confidentiality provision and further informed the Owner of the Property Interests that such Owner had the right to (i) discuss any offer or agreement regarding the City's acquisition of the Property Interests with others; or (ii) keep the offer or agreement confidential, unless the offer or agreement would be subject to Chapter 552 of the Texas Government Code (the "Non Confidential Notice "); WHEREAS, the City made a written Final Offer (herein so called) to the Owner of the Property Interests on February 20, 2014, said date being after the thirtieth (30'') day after the date on which the City made the Initial Offer to the Owner of the Property Interests; WHEREAS, along with such Final Offer, the Owner of the Property Interests was provided a written appraisal from a certified appraiser of the value of the Property Interests and the damages, if any, to any of the Owner's remaining property; WHEREAS, the Final Offer made to the Owner of the Property Interests was equal to or greater than the amount of the written appraisal obtained by the City; WHEREAS, the Final Offer made to the Owner of the Property Interests included (i) a copy of the written appraisal; (ii) copies of the (a) Special Warranty Deed, subject to reservations; (b) Temporary Construction, Grading and Access Easement, and (c) an Abandonment, Release and Quitclaim, all being the instruments proposed to convey the Property Interests sought to be acquired and extinguished by the City; (iii) the Landowner's Bill of Rights statement prescribed by Section 21.0112 of the Texas Property Code; and (iv) the Non Confidential Notice; WHEREAS, the City provided the Owner of the Property Interests at least fourteen (14) days to respond to the Final Offer and the Owner of the Property Interests did not agree to the terms of the Final Offer within that period; WHEREAS, the notice for the public meeting of the City Council of the City in which this Ordinance is considered, as required by Subchapter C, Chapter 551, of the Texas Government Code, in addition to other information, as required by that subchapter, expressly included the consideration by the City of Denton of the use of eminent domain to condemn the Property Interests; WHEREAS, in ordaining the matters set forth herein, the motion to pass and approve this ordinance was stated as "I move that the City of Denton, Texas authorize the use of the power of eminent domain to acquire (i) fee simple to the surface estate, with waiver of surface use to the mineral estate, of a 3.966 acre tract, subject to reservation of right -of -way for passage of livestock, pedestrian and vehicular travel on, over and across a 0.171 acre tract; (ii) temporary construction, grading and access easement encumbering a 0.588 acre tract; and (iii) private easement appurtenant rights of ingress and egress encumbering a 0.295 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway, generally located in the 3900 block of Quailcreek Road (a private road), each affected tract located in the David Hough Survey, Abstract Number 646, City Of Denton, Denton County, Texas, as more particularly described on Exhibit "A ", to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the public use of expanding and improving Mayhill Road, a municipal street and roadway in the City of Denton, Texas"; and WHEREAS, after due consideration of the public interests to be furthered by the public use of expanding and improving Mayhill Road, a municipal street and roadway. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Council finds that a public use and necessity exists to widen and expand Mayhill Road and that the public welfare and convenience requires the acquisition of the Property Interests, and the City of Denton, Texas does hereby exercise its home -rule and statutory authority to acquire by eminent domain (i) fee simple to the surface estate, with waiver of surface use to the mineral estate, of a 3.966 acre tract, subject to reservation of right -of -way for passage of livestock, pedestrian and vehicular travel on, over and across a 0.171 acre tract; (ii) temporary construction, grading and access easement encumbering a 0.588 acre tract; and (iii) private easement appurtenant rights of ingress and egress encumbering a 0.295 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway, generally located in the 3900 block of Quailcreek Road (a private road), each affected tract located in the David Hough Survey, Abstract Number 646, City Of Denton, Denton County, Texas, as more particularly described on Exhibit "A ", attached hereto and made a part hereof, by reference. The Council hereby further finds and determines that the acquisition of the Property Interests is for a public use, to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The Council hereby authorizes and directs the filing and prosecution of eminent domain proceedings by the City of Denton, Texas to acquire the Property Interests. SECTION 3. The City Council hereby finds that the Owner was the record title owner of said Property Interests at the time of making the Initial Offer and Final Offer. Without limiting the general authorization provided in Section 2, above, the City Council further authorizes joinder of additional or differing owner or owners, or claimant or claimants, of the Property Interests, if applicable, in the eminent domain proceedings, and to condemn the interests of each such parties to acquire the Property Interests. SECTION 4. The City Manager, or his designee, shall have the authority to do all things necessary or appropriate to acquire the Property Interests by eminent domain, including without limitation, the authority to expend funds related to the prosecution of such eminent domain proceedings. SECTION 5. The recitals provided in this Ordinance, as set forth above, are specifically and expressly adopted by the Council as express findings by the Council. SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall 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 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2014. ATTEST: JENNIFER WALTERS, CITY SECRETARY m. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: EXHIBIT "A" attachment to Ordinance - (Property Interests) Page 1 of 10 rthur Surveying -Co., Inc. • .1�f�sssysia3 �zd Suirveyoxs . P.O. Box 54 -- Lewisville, Texas 75.067 Office: (972) 221 -9439 - Fax: (972) 221 -4675 MAYH ML ROAD PARCEL M139 3.966 Acres . City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646; City. of Denton, Denton County, Texas; and being part of that certain tract of land described by deed to Robert P. Donnelly, recorded in Volume 3384, Page 905, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: „ COMMENCING at the northwest comer of said Donnelly tract, same point being an inner ell corner of Providence. Place II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet,,: X, Page 905, Plat Records, Denton County, Texas, and being the northeast comer of a tract of land .described by deed to.Que Brittain et. Ux. Brenda Brittain, recorded under Instrument Number 2000- 117234, Official Public: . Records, Denton County, Texas (O.P.R.D.C.T.); THENCE North 88 degrees 02 minutes 42 seconds East, with the north line. of said Donnelly tract and a south line of said Providence Place II addition, a distance of 251.96 feet to a 12 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for the POINT OF BEGINNING; THENCE North 88 degrees 02 minutes 42 seconds East, continuing with the north line of said Donnelly tract and a south line of said Providence Place II addition, a distance of 184.09 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C" set for comer at the beginning of a non-tangent curve to.the left, having a radius of 917.00 feet; THENCE over and across said Donnelly tract, with said curve to the left, having a central angle of 06 degrees 3 i minutes 39 seconds, whose chord bears South 21 degrees 09 minutes 09 seconds West a distance of 104.41 feet; an are length of 104.47 feet to a 12 inch iron rod with yellow cap stamped "A.S.C." set for comer; THENCE South 00 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 583.98 feet to a 12 inch iron rod with yellow cap stamped "A.S.C." set for comer, THENCE South 45 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 91.92 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for comer, THENCE South 00 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 130.68 feet to a 12 inch iron rod with yellow cap stamped "A.S.C" set for comer in the south line of said Donnelly tract and the.north line of a tract of land described bydeed to Transcontinental Realty Investors, Inc., recorded under Instrument Number 2005- 151991, O.P.R.D.C.T.; THENCE South 88 degrees 23 minutes 51 seconds West, with the south line of said Donnelly tract and the north line of said Transcontinental tract, a distance of 50A2 feet to a 12 inch iron rod with yellow cap stamped "A.S.C" set for the most southerly southwest corner of said Donnelly tract, same point being in a northeast line: of a tract of land described by deed to Dallas Area Rapid Transit (DART), recorded under Instrument Number 201043179, O.P.R.D.C.T.; (continued) C1107131 -25 Par A M229- Revised EXIT "A" attachment to Ordinance - (Property Interests) Page 2 of 10 rthur Surveying, Co., Inc. . �x•+�fessiorxa3�.ad Sr��v�yoss P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221 -9439 Fax: (972) 221 -4675 THENCE North 47 degrees 29 minutes 57 seconds West, with the southwest line of said Donnelly tract and a northeast line of said DART tract, a distance of 88:33 feet to a' 112 inch iron rod with yellow cap stamped "A.S.C.?" : set for corner; THENCE-Nor th 50 degrees 19 minutes 36 seconds West, with the southwest line of said Donnelly tract and a northeast line of said DART tract, a distance of 24.50 feet to a'1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner in the southwest line of said Donnelly tract and a northeast line of said DART tract; THENCE North 00 degrees 28 minutes 51 seconds East, over and across said Donnelly tract, a distance of 210.36 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.0 " set for corner; THENCE North 44 degrees 31 minutes 09 seconds West, over and across said Donnelly tract, a distance of 56.57 feet to a 1/2 inch iron,rod with yellow cap stamped "A.S.C" set for corner; THENCE North 00 degrees 28 minutes 51 seconds East, over and across said Donnelly tract, a distance of 281.06 feet to a 112 inch iron rod with yellow cap stamped "A.S.C." set for comer; THENCE North 19 degrees 47 minutes 08 seconds East, over and across said Donnelly tract, a distance of 281.1.3 feet to the POINT OF BEGINNING and containing 3.966 acres of land, more or less. `v MO OF T • g�P p�BTE�q'•�. q ,.....�.Q.. ' •. JQHN M. RUSSELL.. 5506.. �! 01107131 +25 Parcel M229-Revised . r EXHIBIT "A" :.1L _ - - - Providenae S45e28151 "W Place II L2, Cab. X Pg. 905 1 M I t 50.42' 1 L4 N4702957"W 88.33' LS F� Que. Brittaiu, L6 at ux Brenda Brittainl 210.36' L7 Itrritr. No. 36.57 2000117234 (remainder) I IS 1 V6012'32'W -V' 99.70' N56 48'11 "W 33.64' nt to Ordinance - Pro a Interests Pa e 3 of 10 B7. Kevin Nelms, at al. 1 Vol,' 3432, Pg. 911 S88101'21 "W LR.F C. 1791.54' (C.M.) $8r0�42 .1$4�� LR.& _ _ N88 02'42 E 585.70— — F.C. rl.R.SA 1 City of benton 1 I I Vol. 4015, Pg. .115 1 I LR.S. 1"ao � 11 1 S 1 M y�5 I I OF -4 3.966,Acres Parcel M139 1 I 1 0 Donnelly% �1 (172,7aa sq. ft.) I� tibl •� :n � p9�' Addition 1 1 0 Cab. 0. 1 I Pg. 77 6$ S ,�1fi9t Z I may' I j 1� LR.S. I.R.S Robert P. Donnelly I 4ti� VOL 3384, Pg.. 905 L61 � (remainder) 9 1 I.R.S.I I DART . • i:nstr. No. 2010 =43179 NOTES: • I.R.F. =1/2" Iron Rod Found • 1 LF.0 =5/8" Iron Found with yellow cap stamped "Cotton Surveying Company' • I.R.S. =1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company" •. All improvements not shown hereon. • Blanket Easement recorded in Vol. 357, Pg. 45 includes subject tract • Tasementsrecorded in Vol. 336, Pgs. 347 & 583 & Vol. 391, Pg. 169 do not affect this. tract to the best of my knowledge. • Easement recorded in Vol. 341, Pg. 222 is centered on a pipeline not specifically located. • Gas line shown was not field verified. location provided by others. LI LR.S 1 gas fine see note 200 0 100 100 L2 — — .�— SCALE: I " 20 , Bearings shown hereon based the City.of sed o ` Transcontinental Realty Denton GISNetwork.` .� Investors, Inc. \ Instr. No. 2005- 151991 CURVE TABLE . Radius 1 Lehgffi I Delta I Chord Cl 1 917.00' 1104.47 06 931'39" S21e09'09 "W 104.41' T.MR TARLR Ll S45e28151 "W 91.92' L2, S00 °28'51 "W 130.68' M S88 "23'51 "W 50.42' L4 N4702957"W 88.33' LS 50e1996"W 1 24.50' L6 I N0002851 M 210.36' L7 I N44031`09"W .1 36.57 May1W1 Road Parcel M139 3:966 acres in. the David Hough Survey,,. Abstract Number 646 City of Denton Denton County, Texas - 2012- 5805 Vo C SURVEYORS CERMCA710N. 75e andmdgoad dom hol-&YOUII& to M Rosouron (O.R No, 102634) teat dtrfs Aw4w Wo _ dtsdWamdeon ft9mandefftPapodylesay . daoat6edbenos eodfs aooeGC aodto We6miaf m�Ylmawkd84 d�eapeao vla�leQtranp�aaj, .:., : : _. laa�rrl�tsalwsytl set7havobeeasdvhed afaooept as shaxmlLemon. rthur Surveyingto Inc. P"fi= P.O.Box 54 — Lewisville. Texas 76087. Office: (972) 221-9439 Fax: (972) 221 =4875 Estatblished 1986 �. EXHIBIT "All attachment to Ordinance - (Property Interests) Page 4 of 10 Arthur Surveying Co., Inc. F�rofessaiorea3 .>�,ax�ci Starveyors P.O. Box 54 -- Lewisville, Texas 75067 Office: (972) 221 =9439 — Fax: (972) 221 -4675 PASSAGE TRACT 0.171 Acre City of Denton, Denton County, Texas BEING all that certain lot; tract or parcel of land situated in the .David Hough Survey, Abstract Number 646; City of Denton, Denton County, Texas, and being part of that certain tract of land described by deed to Robert P. Donnelly; recorded in Volume 3384, Page 905, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: COMN[ENCING at the northwest corner of said Donnelly tract, same point being an inner ell comer of Providence Place II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page .905, Plat Records, Denton County, Texas, and being the northeast corner of a tract of land described by deed to Que Brittain et. Ux. Brenda Brittain, recorded under Instrument Number 2000-117.234, Official Public Records, Denton County, Texas (O.P.R.D.C.T.); THENCE North 88 degrees 02 minutes 42 seconds East, with the north line of said Donnelly tract and-a south.line of-said Providence Place U addition, a distance of 251.96 feet to a point for comer; THENCE South 19 degrees 47 minutes 08 seconds West, over and across said Donnelly tract, a distance of 281.13 feet to a point for comer; THENCE South 00 degrees 25 minutes 51 seconds West, over and across said Donnelly tract, a distance of 281.06 feet to a point.for. corner; THENCE South 44 degrees 31 minutes 09 seconds East, over and across said Donnelly tract, a distance of 56.57: feet to a point for comer, THENCE South 00 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 8.67 feet to the POINT OF BEGINNING; THENCE South 46 degrees 31 minutes 09 seconds East, over and across said Donnelly tract, a distance of 19725 feet to a point for comer, THEECE South 45 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 13:10` feet to a point for comer; THENCE South 00 degrees 28 minutes 51 seconds. West, over and.across said Donnelly tract, a distance of 36.79 feet to a point for comer; THENCE North 46 degrees 31 minutes 09 seconds. West, over and across said Donnelly tract, a distance of 184:59` 'feet to a point for comer, THENCE North 00 degrees 28 minutes 51 seconds East, over and across said Donnelly tract, a distance feet to the POINT OF BEGINNING and containing 0;171 acre of land. N *O � �O. C1107131 -25 Parcel Iv1229- Passage tract EXHIBIT "A" attachment to Ordinance - I.RFC — — 99.70' N56' .�9 4��c66 �oi� g9 � 3. �O04� g� y lace of proposed _rat. wall I L1- L7 DART Instr. No. 2010 -43179 200 0 100: 200 SCALE: 1"=2W Bearings shown hereon based on the City of Denton GIS Network. NOTES: • IRF. a 112" Iron Rod Found • I.R.F.0 =5/8" Iron Found with yellow cap stamped "Cotton Surveying Company" I.R.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company" • All improvements not shown hereon. Interests) Paite 5 of 10 Kevin Nelms, et. al. Vol. 3432, Pg. 911 S88'01'21 "W I.R.F.0 1791.54' (C M.) I.R.S._ _ N881024 585.70_ — — _ _ F.C. % Robert P. Donnelly.1 I I Vol. 3384, Pg. 905 (remainder) I I I Donnelly% 2 % Addition I I 1 % Cab. 0, I I 11 2 Pg. 77 I I I � I 0.171 Acre' Track _ City or Denton (7,466 'sq. it.) Vol . 4016, . Pg. 1156 \ Transcontinental Realty Investors, Inc. \ Instr. No. 2005- 161991 T.TMR TART.R L1 Providence 56.57' Place If S00028'51'rW Cab. X Pg. 905 L3 II 197.25' I S45T28'51 "W / L5 S00M'51 "W Ig Que Brittain,' I I co at UZ Brenda. Brittainl L7 Instr.' NO. 54.69' 2000 - 117234 (remainder I 1 99.70' N56' .�9 4��c66 �oi� g9 � 3. �O04� g� y lace of proposed _rat. wall I L1- L7 DART Instr. No. 2010 -43179 200 0 100: 200 SCALE: 1"=2W Bearings shown hereon based on the City of Denton GIS Network. NOTES: • IRF. a 112" Iron Rod Found • I.R.F.0 =5/8" Iron Found with yellow cap stamped "Cotton Surveying Company" I.R.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company" • All improvements not shown hereon. Interests) Paite 5 of 10 Kevin Nelms, et. al. Vol. 3432, Pg. 911 S88'01'21 "W I.R.F.0 1791.54' (C M.) I.R.S._ _ N881024 585.70_ — — _ _ F.C. % Robert P. Donnelly.1 I I Vol. 3384, Pg. 905 (remainder) I I I Donnelly% 2 % Addition I I 1 % Cab. 0, I I 11 2 Pg. 77 I I I � I 0.171 Acre' Track _ City or Denton (7,466 'sq. it.) Vol . 4016, . Pg. 1156 \ Transcontinental Realty Investors, Inc. \ Instr. No. 2005- 161991 T.TMR TART.R L1 S44031109"B 56.57' L2 S00028'51'rW 8.67' L3 S46a31 X09 "B 197.25' U S45T28'51 "W 13.10' L5 S00M'51 "W 36.79' L6 I N46031'09 "W 184.59' L7 I N00'28'51'B 54.69' Passage Tract 0.171 acre in the David Hough Survey, Abstract— Number 646 City of Denton Denton County, Texas -2012- rthur Surveying Co., Inc. P�ssit�nal Laud S� P.O.aoz 54 — Lewisville, Texas 75067 Office: (972) 221 -9439 Fa= (972) 221 -4876 Estatbllshed 1986 EXHIBIT "A" attachment to Ordinance - (Property Interests) Page 6 of 10 rthur Surveying Co., Inc. 1Prot`essiosacai lr,�zd Sux-veyoars P.O. Box 54 -- Lewisville, Texas 75067 Oil-tee: (972) 221 -9439 Fax: (972) 221 -4675 TEMPORARY CONSTRUCTION, GRADING & ACCESS EASEMENT 0.588 Acre City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel. of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being part of that certain tract of land described by deed to Robert P. Donnelly, recorded in Volume 3384, Page 905, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: COMMENCING at the northwest comer of said Donnelly tract, same point being an inner ell comer of Providence Place II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas, and being the northeast corner of a tract of land described by deed to Que Brittain et. Ux. Brenda Brittain, recorded under Instrument Number 2000 - 117234, Official Public Records, Denton County, Texas (O.P.R.D.C.T.); THENCE North 88 degrees 02 minutes 42 seconds East, with the north line of said Donnelly tract and a south line of said Providence Place II Addition, a distance of 436.04 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for the POINT OF BEGINNING; THENCE North 88 degrees 02 minutes 42 seconds East, with the north line of said Donnelly tract and a south line of said Providence Place II Addition, a distance of 16.78 feet to a point for comer at the beginning of a non - tangent curve to the left, having a radius of 902.00 feet; THENCE over and across said Donnelly tract, with said curve to the left, having a central angle of 06 degrees 51 minutes 20 seconds, whose chord bears South 21 degrees 27 minutes 43 seconds West at 107.86 feet, an arc length of 107.93 feet to a point for corner; THENCE South 00 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 514.61 feet to a point for comer; THENCE South 89 degrees 31 minutes 09 seconds East, over and across said Donnelly tract, a distance of 75.00 feet to a point for corner; THENCE South 00 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 83.72 feet to a point for corner; THENCE South 51 degrees 18 minutes 42 seconds West, over and across said Donnelly tract, a distance of 199.93 feet to a point for corner; THENCE North 00 degrees 28 minutes 51 seconds East, over and across said Donnelly tract, a distance of 77.93 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for comer; continued C1107131 -25 Parcel M229 -TCE EXHIBIT "A" attachment to Ordinance - (Property Interests) Page 7 of 10 Arthur Surveying Co., - I nc. R�zofessiora�a3 S,�rxd Srt='veyozs P.O. Box 54 --- Lewisville, Texas 75067 Once: (972) 221 -9439 -- Fax: (972) 221 -4675 THENCE North 45 degrees 28 minutes 51 seconds East, over and across said Donnelly tract, a distance of 91.92 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for comer; THENCE North 00 degrees 28 minutes 51 seconds East, over and across said Donnelly tract, a distance of 583.98 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner at the beginning of a non - tangent curve to the right, having a radius of 917.00 feet; THENCE over and across said Donnelly tract, with said curve to the right, having a central angle of 06 degrees 31 minutes 39 seconds, whose chord bears North 21 degrees 09 minutes 09 seconds East at 104.41 feet, an arc length of 104.47 feet to the POINT OF BEGINNING and containing 0.588 acre of land, more or less. C1107131 -25 Parcel M229 -TCE . • •. EXHIBIT "A" attachment to Ordinance - "E «- N8436 042' 1. Providence Place 11 _ Cab. X Pg. 905 I / I.R.S. 1 1 :g9 'AV ���� 1 gas line C2 CS 0.588 Acre Qua Brittain, 1 I `° Variable Width cl Brenda BBrrittainl I3 Temporary 200117234 Construction, Grading (remainder I & Access Easement 1 I (25,621 sq. ft.) - °z rc4 J S • 4s {9b $94, W0'1232 "W �O 99.70'D I.R.SI 4 DART " N56'48'1 I "W Instr. No. 33.64' 2010 -43179 NOTES: • I.R.F. = 1/2" Iron Rod Found • I.R.F.C. =5/8" Iron Found with yellow cap stamped "Cotton Surveying Company" • I.R.S. - 1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company" _ • All improvements not shown hereon. • Blanket Easement recorded in Vol. 357, Pg. 45 includes subject tract. • Easements recorded in Vol. 336, Pgs. 347 & 583 & Vol. 391, Pg. 169 do not affect this tract to the best of my knowledge. • Easement recorded in Vol. 341, Pg. 222 is centered on a pipeline not specifically located. • Gas line shown was not field verified, location provided by others. Interests) Page 8 of 10 Kevin Nelms, at al. Vol. 3432, Pg. 911 588'01'21 "W I.R.F.C. 1791.54' L1 N88 02'42 "E 598.94' _ _ F. C. 1 1 1 I I I 1 I I I I �tVcCilyelr), 1 I I � 111 se� 1 i I ow Robert P. Don ell � 1 Donnell Vol. 3384, Pg. 1909 1 Addition 11 (remainder) I I 3 a I I I I I � �h L3 1 e.-N% 3 Transcontinental Realty Investors, Inc. \ Instr. No. 2006- 151991 200 0 100 200 SCALE: 1"=209 Bearings shown hereon based on the City of Denton GIS Network. iporary Construction, Grading & Access Easement 0.588 acre in the David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas —2011— Denton Pg. 111 CURVE TABLE # Radius I Lenalft I Delta I Chord Cl 902.00' 1 1 107.93'10605120" 77.93' 1 gas line C2 sae note 1 104:47' 06031139" Transcontinental Realty Investors, Inc. \ Instr. No. 2006- 151991 200 0 100 200 SCALE: 1"=209 Bearings shown hereon based on the City of Denton GIS Network. iporary Construction, Grading & Access Easement 0.588 acre in the David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas —2011— Denton Pg. 111 CURVE TABLE # Radius I Lenalft I Delta I Chord Cl 902.00' 1 1 107.93'10605120" 77.93' 1 S2102743 11W 107.86' C2 917.00' 1 104:47' 06031139" 1 N21 °09`09 "E 104.41' LINE TABLE L1 I N8800242 "E 16.78' L2 I S89031'09 "B 75.00' L3 I N00028'51'B 77.93' L4 I N45028'51 "B 91.92' SURVEYORS CZRMCA77ON: no mdc WaMdmhembya dfytoM Reaoun= (e.P No. 102&M) dyer d& sarmy was M daymada as Mortra=dofdwpmpeaykgapy desordw! hmem and is aarrat, dad m rho bestof myknowedS4 dm = no visNe d ot�� emmmts orrtgltw ofwaythatl'have bem advised ofmcept av shaven has= rthur Surveying co-, ine. > > rends y+ = P.O.Box 54 - Lewisville, Texas 75067 Office: (972) 221 -9439 Fax: (972) 221 -4676 Estatblished 1986 EXH BIT "A" attachment to Ordinance - (Property Interests) Page 9 of 10 rthur Surveying Co., Inc. .�x�fessiossaY 1'Gaad Suz-veyoxs P.O. Box 54 — Lewisville, Texas 75067 Otiicc: (972) 221 -9439 — Fax: (972) 221 -4675 0.295 Acre City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646; City of Denton, Denton County,. Texas, and being part of Lot 1R, Block F of Providence Place Ii, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas (P.R.D.C.T.), and being more particularly described as follows: COAMENCING at a 5/8 inch iron rod with cap stamped "Cotton Surveying" found for the most easterly southeast corner of said Lot 1R, same point being in the north line of Donnelly Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet O, Page 77, P.R.D.C.T. and being in the existing west right -of -way line of Mayhill Road; THENCE South 88 degrees 02 minutes 42 seconds West, with ,a south line of said Lot 1R and the north line of said Donnelly Addition, passing the northwest corner of said Donnelly Addition, continuing on for a total distance of 585.70 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for the POINT OF BEGINNING, same point being in the north line of a tract of land described by deed to Robert P. Donnelly, recorded in Volume 3384, Page 905, Deed Records, Denton County, Texas (D.R.D.C.T.); THENCE South 88 degrees 02 minutes 42 seconds West, with the south line of said Lot 1R and the north line of said Donnelly tract, a distance of 246.58 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer, THENCE North 01 degrees 58 minutes 58 seconds West, over and across said Lot M a distance of 49.45 feet to a 12 inch iron rod with yellow cap stamped "ASC" set for comer in the north line of said Lot 1R and the south line of a tract of land described by deed to Kevin Nelms, recorded in Volume 3432, Page 911, DY- D.C.T.; THENCE North 88 degrees 01 minutes 21 seconds East, with the north line of said Lot 1R and the south line of said Nelms tract, a distance of 273.09 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner at the beginning of a non - tangent curve to the left, having a radius of 917.00 feet; THENCE over and across said Lot 1 R, with said curve to the left, through a central angle of 03 degrees 30 minutes 41 seconds, whose chord bears South 26 degrees, 10 minutes 19 seconds West at 56.19 feet, having an are length of 5620 feet to the. POINT OF BEGINNING and containing 0.295 acre of land. 0110713143 Parcel M236 -2 EXHIBIT "A" attachment to Ordinance - (Prouerty Interests) Page 10 of 10 NOTES: • I R.F.C. - 518" Iron Rod Found with cap stamped "Cotton Surveying" • I.RS' =1/2" Iron Rod Set with yellow cap, stamped "Arthur Surveying Company" • All improvements not shown hereon. • Easements recorded in Vol. 5322, Pg. 1107, CC# 2006 - 64791, CC# 2010 -56138 & CC# 2005 -99399 do not affect subject tract. • Gas line shown was not field verified Location provided by others. Lot 1R Block F Providence Place Il Cabinet X Page 905 los Easeent Na 2006 –m348!8 S88'01'21; W 955-83-1. - --,A-- M`f N0105815M i -1_ 49.45' LR.S SI (P-038 acres remaining) 0.295 Acre (12,845 9q. ft:) 0.295 Acre Kevin Nelms et al. Volume 3452, Page 911 sere note 50' Public UtAtty. Drainage Emergaee and Mutual AM o Easement t' 9 -99834 per Rn ,h 100 0 50 100 SCALE: 1" 100' Bearings shown hereon based on the:City of Denton GIS Network. N856262 "E 1 R.FI� i R=917.00' I>=S6 20' acre ' Q=03 03041" (0.655 amaW_ W 1 R0 F C Qd -S26 °10'19W 56 .S. S88-02'L "W _ _ 585.70 Robert P. lonely Volume 3384, Pa a 905 (remainder Part of Lot 1R, Block F Providence Place II City of Denton Denton County, Texas -2012- 1 i `1 6 1)onaelly Addition Gabfest O, Page 77 1 I 1 1 11 1 Robert P. Donnelly Volume 5884, Page 905 (remainder) AP Jti i� SMtVEYOItS CERTIFICATION: The mdet 4wd don Irby oe * tD Titto Reso�oa' Na J1Z091)t5atmiasm�wat MdayaiadoantboV— detboi ray desca'bedhei==db wnau; and M ft bestof myYaowlodgq't5esa mo no �Ie �. ooaifia�: � �. 6oaQ�Y � memrrJM=14 ovabWagafimpmvem 2% eatamaats 0rrigbts ofmW1bulbevo ban sdviced ofaeagtesdMMbacon. rthur Surveying c.. o., 1nc- P.O.Box P:,osSrytns 54 - Lewisville, Texas 75067 Officer (972) 221 -9439 Fax: (972) 221 -4875 Established 1988