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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0298 Version:1 Name: Type:Work Session Report Status:Agenda Ready File created:6/26/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Receive a report, hold a discussion, and give staff direction re subchapter 212.172 of the Texas Local Government Code providing an annexation schedule for a property currently located in the C Jurisdiction. The subject property is approximately 82.50 acres Ryan Road, approximately 380 feet west of Montecito Drive and 90 Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Site Location Aerial Map Exhibit 2 - Existing Zoning Map Exhibit 3 - Future Land Use Map Exhibit 4 - Draft Development Agreement from the Applicant Exhibit 5 - Concept Plans Exhibit 6 - Site Photos DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:July 15, 2014 SUBJECT Receiveareport,holdadiscussion,andgivestaffdirectionregardingadevelopmentagreementpersubchapter 212.172oftheTexasLocalGovernmentCodeprovidingfordevelopmentregulationsandanannexation scheduleforapropertycurrentlylocatedintheCityofDentonExtra-TerritorialJurisdiction.Thesubject propertyisapproximately82.50acresgenerallylocatedonthesouthsideofRyanRoad,approximately380feet west of Montecito Drive and 900 feet east of Forrestridge Drive. BACKGROUND Kimley-HornandAssociatesonbehalfofBobSheltonhaverequestedconsiderationofaDevelopment AgreementperSection212.172oftheTexasLocalGovernmentCode.ThisSectionallowstheCitytoenter intoanagreementregardingdevelopmentofpropertyintheExtra-TerritorialJurisdiction(ETJ)oftheCity. Thepurposeofthisagreementwouldbetoallowasinglefamilysubdivisionandelderlyhousingtobe City of DentonPage 1 of 4Printed on 7/11/2014 powered by Legistar" File #:ID 14-0298,Version:1 constructedperCityCodeswhileintheETJandprovideforannexationatafuturedate.PertheTexasLocal Government Code the agreement may; 1.Guarantee the continuation of ETJ status, 2.Extendthemunicipalitysplanningauthoritybyapprovingadevelopmentplanpreparedbythe landowner, 3.Authorize enforcement of land use and development regulations th 4.Authorize land use and development regulations other than those 5.Provide for infrastructure, 6.Provide for annexation of the land, 7.Specify the uses of the land before and after annexation, and 8.Include other lawful terms and considerations the parties consid Thedevelopmentagreementwouldprovidethedeveloperassurancethathisprojectmayproceedandwillnot behinderedbyfuturezoningdesignationregulationswhenthepropertyisannexedintotheCity.Thecurrent practiceforannexationrequestshasbeenthedeveloperrequestsannexationandthenrequestszoningafter annexation.ThisallowsthepublictoengageintherezoningduringthepublichearingprocessatPlanningand Zoning Commission and City Council. IftheCouncildirectsstafftoinitiatenegotiationsontheadoptionofadevelopersagreementthepublicwillnot haveopportunitytoprovidefeedbackontherezoning.Aswell,thestipulatedtermsandconditionsofthe developersagreementoverridetheequivalentrequirementsoftheDentonDevelopmentCode(DDC).The developerapproachedtheCitywiththisrequesttoavoidclosingonthepropertywithoutassurancethatitcan bedevelopedwiththerequestedzoning.Conversely,thesellerdoesnotwantthepropertytobeannexedinto theCityifthepropertyisnotgoingtobepurchasedbythedeveloper.Theownerandsellerwishtolessen uncertainty caused by a separate annexation and zoning process t Thesubjectpropertyisapproximately82.50acresonthesouthsideofRyanRoad(Exhibit1-Site Location/AerialMap).Thereisafloodplainthatrunsgenerallynorth-souththroughthemiddleoftheproperty. Thereisalsoanactivegaswellpadsiteontheproperty,GWP02-0020.StaffhasnotbeentolocatetheGas WellPlat,thoughrecordsindicatetheplatwasapprovedinFebruary,2003forapproximately82.54acres. AttemptstoretrievetheGasWellPlatfromtheoperatorhavenotbeensuccessful.Theexistinggaswellplat would need to be partially vacated and amended. ThepropertyislocatedintheETJbutsurroundedonmostsidesbypropertieswithinthecorporatelimitsofthe CityofDenton.TheeastsideofthepropertyabutsLakeForestGoodSamaritanVillageadditionswhichisa SeniorLivingfacilityandzonedNeighborhoodResidentialMixedUse(NRMU).Thewestsideoftheproperty abutsThistleHillEstatesAdditionwhichiszonedNeighborhoodResidential2(NR-2)andNeighborhood Residential4(NR-4).TothenorthofthesubjectpropertyistheMontecitosubdivisionandotherparcelsof propertiesallzonedNR-2.Thereisoneparcellocatednorthofthesite,immediatelynorthofRyanRoadthatis intheETJ.LocatedtothesouthofthesubjectpropertyisRyanRanchsubdivisionzonedNeighborhood Residential-4(NR-4).ThereisasmallpanhandlefromthispropertythatrunssouthconnectingtoCreekdale Drive. This panhandle connects to the ETJ. Please see Exhibit TheFutureLandUseDesignationonthesubjectpropertyandsurroundingpropertiesisNeighborhoodCenter (Exhibit3-FutureLandUseMap).ThedevelopmentproposessinglefamilyhousingundertheNeighborhood Residential3(NR-3)zoningdistricttothewestofthefloodplain.Thedevelopmentproposeseithersingle familyresidentialhousingunderNR-3zoningdistrictorelderlyhousingunderNeighborhoodResidential MixedUse12(NRMU-12)zoningdistricttotheeastofthefloodplain.TheintentoftheNRMU=12zoning City of DentonPage 2 of 4Printed on 7/11/2014 powered by Legistar" File #:ID 14-0298,Version:1 wouldbeforelderlyhousing.Nouseotherthanelderlyhousingorsinglefamilydetachedhousingwouldbe permittedtotheeastofthefloodplain.PleaseseeExhibit4,theDraftDevelopmentAgreementfromthe Applicant,andExhibit5,ConceptPlans,formoredetails.Theagreementasdraftedspecifiesdevelopmentin accordance with the concept plans is permitted, but not required City Advantages EnteringintothedevelopmentagreementallowstheCitytoimposeorcontroldevelopmentregulationswhichit wouldotherwisenotbeabletoregulateintheETJ.However,itisunknownatthistimeiftheapplicantwould develop the property if it remains in the ETJ. City Disadvantages Inadditiontothepublicbeingremovedfromthepublichearingprocess,thestipulatedtermsofthedevelopers agreementsupersedeorvaryfromtheequivalentregulationsoftheDDC.Forexample,aspartofthe developmentagreementthedeveloperisrequestingonevariationfromCitycodes.Thevariationistomeasure the250footsetbackofapreviouslyplattedresidentiallotorprotectedusefromexistinggaswelldrillingand productionsitesfromthewellheadandnottothedrillingandproductionsite.Staffisnotinsupportofthis variation.Finally,thiscouldestablishaprecedentforthisdeveloperandsubsequentdeveloperstorequest developmentagreementstocircumventthepublichearingprocessforrezoninguponannexationofthe property. Ifthecouncilprovidesdirectioninsupportofthedevelopmentagreement,thenthedevelopmentagreement wouldbereviewedbystaffandnegotiated.Thedevelopmentagreementwouldthenbescheduledbeforethe CityCouncilforreviewandfinaldecision.Ascurrentlywritten,annexationofthepropertywouldtakeplace three years after adoption of the development agreement (Exhibit IftheCityCouncilprovidesdirectionnottosupportthedevelopmentagreement,thenthedeveloperhastwo options.Thedevelopercouldrequestannexationfollowedbyarezoningorthedevelopercoulddevelopthe propertyintheETJ.IfthepropertyisdevelopedintheETJtheCitywouldonlyhavesubdivisioncontrolasit iswithintheDivision1ETJ.ThiswouldnotpermittheCitytoenforcezoning,userestrictions,maximum density,orgaswellsetbacks.Thegaswellplatwouldstillneedtobeamendedandthenewplatwouldcometo the City for approval by the Planning and Zoning Commission in e OPTIONS 1.Direct staff to proceed with the development agreement. 2.Direct staff not to proceed with the development agreement. RECOMMENDATION Staff requests City Council direction concerning negotiating a d PRIOR ACTION/REVIEW (Council, Boards, Commissions) No Prior Action. EXHIBITS 1.Site Location/Aerial Map City of DentonPage 3 of 4Printed on 7/11/2014 powered by Legistar" File #:ID 14-0298,Version:1 2.Existing Zoning Map 3.Future Land Use Map 4.Draft Development Agreement from the Applicant 5.Concept Plans 6.Site Photos Respectfully submitted: Brian Lockley, AICP, CPM Director of Planning and Development Prepared by: Michele Berry, AICP Associate Planner City of DentonPage 4 of 4Printed on 7/11/2014 powered by Legistar" CITY OF DENTON Exhibit 1 Site Location/Aerial Map CREEKDALE The City of Denton has prepared maps for departmental use. Legend These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Subject Property Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to Citylimits produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map 0450900225 indicates understanding and acceptance of this statement. Feet CITY OF DENTON Exhibit 2 Existing Zoning Map NR-3 NR-3 NR-3 NR-3 NR-2 NR-6 NR-2 NR-4 NR-3 ETJ NR-4 NR-6 NRMU NR-3 NR-4 NR-4 NR-2 CM-G NR-4 NR-2 ETJ NR-4 Legend The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not Subject PropertyEC-CNR-2RCC-D be used for legal, engineering or surveying purposes but rather AEC-INR-3RCC-N for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the CM-EETJNR-4RCR-1 Public Information Act. The City of Denton makes every effort to CM-GIC-ENR-6RCR-2 produce and publish the most current and accurate information DC-GIC-GNRMURD-5 possible. No warranties, expressed or implied, are provided for DC-NMF-1NRMU-12RD-5X the data herein, its use, or its interpretation. Utilization of this map DR-1MPCPD 0450900225 indicates understanding and acceptance of this statement. Feet DR-2NR-1RC CITY OF DENTON Exhibit 3 Future Land Use Map Existing Land Use Neighborhood Center Rural Areas The City of Denton has prepared maps for departmental use. Legend These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather Subject PropertyRegional Mixed Use Center for reference purposes. These maps are the property of the City of Neighborhood CenterEmployment Center Denton and have been made available to the public based on the Downtown University CoreExisting Land Use Public Information Act. The City of Denton makes every effort to Industrial CenterRural Areas produce and publish the most current and accurate information Community Mixed Use Center possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map 0450900225 indicates understanding and acceptance of this statement. Feet Exhibit 4 Draft development Agreement from the Applicant PRE-ANNEXATION AGREEMENT This Pre-Annexation Agreement (this "Agreement") is executed between Ryan Capital Partners, Ltd. (the "Owner") and the City of Denton, Texas (the "City"), each a "Party" and collectively the "Parties," to be effective __________ __, 2014 (the "Effective Date"). ARTICLE I RECITALS WHEREAS , the Owner owns that certain tract of land described by metes and bounds Exhibit A and depicted on (the "Property"), which Property is located wholly within the extraterritorial jurisdiction ("ETJ") of the City adjacent to the City's corporate limits; and WHEREAS , the Parties intend for the Property to be annexed and developed within the City's corporate limits in accordance with this Agreement; and WHEREAS , the Parties intend that this Agreement be a development agreement as provided for by Section 212.172 of the Texas Local Government Code. NOW THEREFORE , for and in consideration of the mutual covenants of the Parties set forth in this Agreement, and for other good and valuable consideration the receipt and adequacy of which are acknowledged and agreed by the Parties, the Parties agree as follows: ARTICLE II DEVELOPMENT REGULATIONS 2.1Governing Regulations. Development of the Property shall be governed by the following regulations in this Section 2.1 (collectively, the "Governing Regulations"): (a)the provisions of the City's Code of Ordinances applicable to single family residential development in a Neighborhood Residential 3 (NR-3) zoning district and the provisions of the City's Code or Ordinances applicable to elderly housing in a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. Single family detached development is permitted on the entire Property. Elderly housing shall be limited to the portion of the Property located on the east side of the existing floodplain dividing the Property. Notwithstanding anything to the contrary in the NR-3 or NRMU- 12 zoning district regulations, the minimum side yard setback shall be six feet for all single family detached structures, whether for traditional single family detached dwellings or elderly housing in single family detached dwellings. For purposes of this Agreement, the term "elderly housing" shall be defined as a structure licensed by the Texas Department of Aging and Disability, 80 percent of whose occupants are 55 years of age and older, and that meets the definition of one of the three uses listed below: (i)Elderly Housing, Assisted Living: Services in these establishments include assistance with daily activities, such as dressing, grooming, bathing, etc. (ii)Elderly Housing, Congregate Care Facility: A facility for long- term residence generally for persons 55 years of age or older, and which shall 1 1230.001\39440.3 Exhibit 4 Draft development Agreement from the Applicant include, without limitation, common dining, social and recreational features, special safety and convenience features designed for the needs of the elderly, such as emergency call systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and doorways designed to accommodate wheelchairs, and the provision of social services for residents which shall include at least two of the following: meals services, transportation, housekeeping, linen, and organized social activities. (iii)Elderly Housing, Life Care Housing and Services: A residential complex, which may contain multi-family dwellings, attached dwellings, single- family dwelling and other types of dwellings and structures designed for and principally occupied by senior citizens. Such facilities will include one of the following: A congregate meals program in a common dining area, assisted living housing, nursing home facilities, congregate care facilities, or medical facilities. (b)Development in accordance with any of the concept plans attached as Exhibit B is permitted, but not required. (c)Notwithstanding anything to the contrary in the Governing Regulations, protected uses shall comply with a minimum 250 foot setback from the existing well head Exhibit B and tank battery shown on . The term "protected use" shall be defined as any structure containing a dwelling unit. An amenity center is not a protected use. Separation distances shall be measured from the well head and the tank battery in a straight line, without regard to intervening structures or objects, to the closest exterior point of any structure occupied by a protected use. Except as provided in this paragraph, no structure or use on the Property shall be required to be spaced a certain distance from gas wells, tank batteries, or any other facilities related to gas drilling and production. (d)The owner of a final platted lot shall notify the purchaser of a residence on that lot that the lot is located within 1,200 feet of a gas well pad site, including notice of the location of each such gas well pad site, in accordance with this paragraph. A note shall be placed on the final plat, as well as in the recorded restrictive covenants applicable to the lot or within the deed, identifying all existing gas well pad sites within 1,200 feet of the lot. The note shall include a statement advising lot purchasers of the existence of producing gas wells, as well as the possibility that the gas wells may be re-drilled or re- fracked in the future. (e)For purposes of subdivision and platting, the City's subdivision rules and regulations applicable to land located in the corporate limits shall apply regardless of whether the City annexes the Property, and the Parties acknowledge and agree that Denton County's subdivision regulations shall not apply. 2.2Conflicts. In the event of a conflict between this Agreement and either the zoning of the Property following annexation or the application of any other provision in the City's Code of Ordinances, this Agreement shall control. 2 1230.001\39440.3 Exhibit 4 Draft development Agreement from the Applicant ARTICLE III ADDITIONAL PROVISIONS 3.1Term. The term of this Agreement shall be three years after the Effective Date, and shall not be affected by annexation of the Property. 3.2Annexation. The Owner consents to the City's full purpose annexation of the Exhibit C Property in accordance with the petition attached hereto as . 3.3Assignment. Owner has the right (from time to time without the consent of the City, but upon written notice to the City) to assign this Agreement to any person or entity (an "Assignee") that is or will become an owner of the Property. Each assignment shall be in writing executed by Owner and the Assignee and shall obligate the Assignee to be bound by this Agreement. A copy of each assignment shall be provided to the City within 15 days after execution. From and after such assignment, the City agrees to look solely to the Assignee for the performance of all obligations assigned to the Assignee and agrees that the Owner shall be released from subsequently performing the assigned obligations and from any liability that erform the assigned obligations. Upon assignment, an Assignee shall be considered the "Owner" and a "Party" for the purposes of this Agreement. 3.4Binding Obligations. This Agreement and all amendments hereto and assignments hereof shall be recorded in the deed records of Denton County. This Agreement, when recorded, shall be binding upon the Parties and their successors and assigns permitted by this Agreement and upon the Property. 3.5Recitals. The recitals contained in this Agreement are true and correct as of the Effective Date, form the basis upon which the Parties negotiated and entered into this Agreement, and reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 3.6No Waiver of Rights. The Owner does not, by entering into this Agreement, waive any rights the Owner has under state or federal law with respect to the development and use of the Property. 3.7Interpretation. The Parties acknowledge that each of them has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. 3.8Entire Agreement; Severability. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, whether oral or written, covering the subject matter of this Agreement. This Agreement shall not be modified or amended except in writing signed by the Parties. 3 1230.001\39440.3 Exhibit 4 Draft development Agreement from the Applicant 3.9Applicable Law; Venue. This Agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in Denton County. Venue for any action to enforce or construe this Agreement shall be in Denton County. 3.10Non-Waiver. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. 3.11Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 3.12Exhibits. The following Exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A Metes and Bounds Description and Depiction of the Property Exhibit B Concept Plans Exhibit C Annexation Petition Executed by Owner and the City to be effective on the Effective Date. [remainder of page intentionally left blank] 4 1230.001\39440.3 Exhibit 4 Draft development Agreement from the Applicant CITY OF DENTON, TEXAS By: _______________________________ Mark Burroughs, Mayor ATTEST: By: ________________________________ Jennifer Walters, City Secretary THE STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the _____ day of ________________, 2014, by Mark Burroughs, Mayor of the City of Denton, Texas, on behalf of said city. Notary Public, State of Texas 5 1230.001\39440.3 Exhibit 4 Draft development Agreement from the Applicant OWNER: Ryan Capital Partners, Ltd. a Texas limited partnership By: Name: Title: ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the ________ day of _________________, 2014 by ____________________________, _______________ of Ryan Capital Partners, Ltd., on behalf of said partnership. Notary Public, State of Texas 6 1230.001\39440.3 Exhibit 4 Draft development Agreement from the Applicant EXHIBIT A METES AND BOUNDS DESCRIPTION AND DEPICTION OF THE PROPERTY [insert legal description and drawing of property boundaries] Exhibit A Page 1 1230.001\39440.3 Exhibit 4 Draft development Agreement from the Applicant EXHIBIT B CONCEPT PLANS Exhibit B - Page 1 1230.001\39440.3 Exhibit 4 Draft development Agreement from the Applicant EXHIBIT C ANNEXATION PETITION STATE OF TEXAS § § COUNTY OF DENTON § § CITY OF DENTON § PETITION FOR ANNEXATION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS, DENTON COUNTY, TEXAS: Exhibit A The undersigned owner of the area more fully described in of this Pre- Annexation Agreement (the "Property") hereby requests that the City annex the Property into the corporate limits for full purposes. EXECUTED this _____ day of ______________, 2014. Ryan Capital Partners, Ltd. a Texas limited partnership By: Name: Title: ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the ________ day of _________________, 2014 by ____________________________, _______________ of Ryan Capital Partners, Ltd., on behalf of said partnership. Notary Public, State of Texas Exhibit C - Page 1 1230.001\39440.3 Exhibit 5 Concept Plans Exhibit 5 Concept Plans Exhibit 5 Concept Plans Exhibit 6 Site Photos [zm Ò·w m Þ;·;© ¦©·z E ·w; Ò,;-· ¦©¦;©·ä [zm Ò·wÞ;· -© ·w; Ò,;-· ¦©¦;©·ä Exhibit 6 Site Photos /©;; 7 E7¦z ·w; Ò,;-· /©;; 7 E7¦z ·w; Ò,;-· ¦©¦;©·ä ¦©¦;©·ä /ÒÝ;©· E© ·w; -©;; Ò7;© wä w7 /ÒÝ;©· E© ·w; -©;; Ò7;© wä w7 Exhibit 6 Site Photos {Ò·w;© ;m E ·w; ¦©¦;©·ä ;ã·;7zm {Ò·w;© ;m E ·w; ¦©¦;©·ä ;ã·;7zm · /©;;7; [; · /©;;7; [; t·;·z -;-·z ¦z· · wz·; wz7m; 9··;u t·;·z -;-·z ¦z· · wz·; wz7m; 9··;u 9ãz·zm wh ·wÒmw ©7 ·Ò,Ò· Þ · ,Òz·u 9ãz·zm wh ·wÒmw ©7 ·Ò,Ò· Þ · ,Òz·u Exhibit 6 Site Photos D7 {©z· {-z;·är [; C©;· zm; · ·w; ;·u u {Ò,7zÝzz 7 w; · ·w; ©·wu u Exhibit 6 Site Photos [zm Þ;· m wä w7 Þz·w ·w; Ò,;-· [zm Þ;· m wä w7 Þz·w ·w; Ò,;-· ¦©¦;©·ä · ·w; ;E·r ·w; Ò·w z7; E ·w; w7u ¦©¦;©·ä · ·w; ;E·r ·w; Ò·w z7; E ·w; w7u 9·©-; · ·w; D ; 5©zzm 7 t©7Ò-·z z·; ·w; ¦©¦;©·äu City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0303 Version:1 Name: Type:Work Session Report Status:Agenda Ready File created:6/26/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Receive a report, hold a discussion, and give staff direction re the Citizens Bond Advisory Committee for the November 2014 bond Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Subcommittee Compiled Project Ranking Exhibit 2 - June 3 Council Presentation Exhibit 3 - Proposed Bond Proposition and Ballot Language Exhibit 4 - R2013-021 - Public Art Policy Exhibit 5 - Council Presentation DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT: City Managers Office CM/ ACM:Bryan Langley Date: July 15, 2014 SUBJECT Receiveareport,holdadiscussion,andgivestaffdirectionregardingprojectrecommendationsfromthe Citizens Bond Advisory Committee for the November 2014 bond elec BACKGROUND OnNovember19,2013,theCityCouncilformallycreatedaCitizensBondAdvisoryCommitteetoprovide recommendationsonprojectstobeconsideredinaNovember2014bondelection.TheCouncilappointedfifty -one(51)membersofthepublictoserveontheCommittee,andMr.TimCrouchandMr.RandyRobinson were appointed as Co-Chairpersons of the Committee. TheCouncilestablishedaformalchargefortheCommittee,requestingthattheCommitteefocusonexisting facilities,infrastructure,drainageimprovements,andthedowntownarea.TheCouncilchargedtheCommittee tospecificallyconsiderthereconstructionofFireStationsNo.3andNo.4and$12milliontofund reconstructionofCitystreets.TheCouncilalsoaskedthattheCommitteeconsiderincludingfundingforPublic City of DentonPage 1 of 4Printed on 7/11/2014 powered by Legistar" File #:ID 14-0303,Version:1 Art in accordance with the Public Art Policy approved by the Cou TheCommitteeconvenedtwelvemeetingstodiscussthevariousprojectsunderconsiderationforthe2014 bondprogram.TheCommitteecreatedthreesubcommitteestoexplorevariousserviceareasinmoredetail: Transportation(includingdrainage),LeisureServices,andPublicFacilities.TheSubcommitteesconducted tours of various project sites on March 17, 25 and 29. TheCommitteealsosolicitedpublicinputthroughaseriesoffourcommunitymeetingsheldthroughoutthe CityonJanuary22,January25,January27andFebruary1,2014.TheCommitteepublishedanemailaddress andphonenumbertoreceivesuggestionsandcomments,andallagendasandminuteswerepublishedonthe Citys website. Afterextensivereviewofstaffproposalsandcitizenrecommendations,theCommitteevotedonMay27to formallyrecommendprojectstotheCityCouncilforconsideration,includingfundingforPublicArtprojects. OnJune3,2014,theCityCouncilreceivedabriefingfromtheCitizensBondAdvisoryCommitteeregarding theirrecommendationsforaNovember4,2014bondelection.Thepurposeofthisitemistoprovidean additionalopportunityfortheCityCounciltodiscusstheCitizensBondAdvisoryCommittee recommendations.Additionally,staffwouldliketoreviewthepotentialballotandpropositionlanguagewhich will be presented to voters. rd AsdiscussedonJune3,theCommitteeisrecommendingthatthebondprogrambepresentedtothevotersin four distinct propositions. Specifically, the voters would be a The issuance of $61,710,000 of public securities for Street Impr Theissuanceof$16,565,000ofpublicsecuritiesforPublicSafetyFacilitiesfor Police and Fire Departments. Theissuanceof$8,545,000ofpublicsecuritiesforStormwaterDrainageand Flood Control Improvements. The issuance of $11,355,000 of public securities for Park System Ifapprovedbythevoters,thefourbondpropositionscollectivelywouldprovide$98,175,000infinancingfor capitalimprovements.Thisamountincludes$535,000whichwouldbededicatedtopublicartinitiatives.In particular, the Committee has recommended that public art fundin $30,000 would be reserved for public art related to Street Impro $325,000 would be reserved for public art related to Public Safe $180,000 would be reserved for public art related to Park System Fundingforspecificartprojects,tobeindentifiedlater,wouldbethusrestrictedtothesetypesofuses,butnot to specific project locations. The City Council approved a Public Art Policy in August 2013 (se TheCityCouncilwillconsiderplacingastandalonebondpropositiononfuturegeneralpurposecapital City of DentonPage 2 of 4Printed on 7/11/2014 powered by Legistar" File #:ID 14-0303,Version:1 improvementbondauthorizationelectionsthat,ifapprovedbythevoters,willfundpublicartprojects. TheamountofeachpublicartbondpropositionwillbedeterminedbytheCityCouncilwithinarange, ifexistingprioritiessopermit,ofbetween2%and4%ofthoseportionsofthecapitalimprovement bondprogramauthorizationelectionthatdonotapplytostreets,drainage,trafficcontrol,andother related infrastructure. Afterdiscussingthisissueextensively,theCommitteeelectedtonotrecommendastandalonepropositionfor publicart.WhiletheCommitteewasprovidedacopyofthePublicArtPolicy,andtheydiddiscussthe applicabilityofthepolicytotheproposedbondprogram,theCommitteeconcludedthatthesizeofthepublic artprogramdidnotwarrantastandalonepropositiontobeconsideredbythevoters.Assuch,their recommendation represents a different approach than that as spec Exhibit1providesadetailedsummaryoftherecommendedprojects.Exhibit2isacopyofthePowerPoint rd presentationwhichwaspresentedbyCitizensBondAdvisoryCommitteetotheCityCouncilonJune3.A summaryoftheproposedbondpropositionandballotlanguageisattachedasExhibit3,andthePublicArt PolicyisattachedasExhibit4.Finally,thePowerPointpresentationattachedasExhibit5willbeusedto facilitate a discussion of the above items. PRIOR ACTION/REVIEW (Council, Boards, Commissions) OnOctober7,2013,theCityCouncildiscussedtheproposed2014BondProgramandreceivedapresentation fromCitystaffregardingtheinitialprojectlist.TheCityCouncilrecommendedafifty(50)memberCitizen Bond Advisory Committee with seven appointments by each council OnNovember5,2013,theCityCouncildiscussedtheproposedbondelectionandappointedmemberstothe Citizen Bond Advisory Committee. OnNovember19,2013,theCityCouncilapprovedaresolutioncreatingaSpecialCitizenBondAdvisory Committee and appointed members to the Committee. On December 3, 2013, the City Council appointed members to the C On December 10, 2013, the City Council appointed members to the TheCitizenBondAdvisoryCommitteemetonthefollowingdatestodiscussrecommendationsforthe2014 bond program: December 19, 2013 January 6, 2014 January 21, 2014 February 10, 2014 February 24, 2014 March 3, 2014 March 17, 2014 March 31, 2014 April 14, 2014 April 28, 2014 May 12, 2014 City of DentonPage 3 of 4Printed on 7/11/2014 powered by Legistar" File #:ID 14-0303,Version:1 OnMay27,2014,theCitizenBondAdvisoryCommitteevotedtomakeaformalrecommendationtotheCity Council regarding the 2014 bond program. On June 3, 2014, the Citizens Bond Advisory Committee presented OnJune25,2014,theCitizensBondAdvisoryCommitteepresentedtheirrecommendationstothePlanning and Zoning Commission. EXHIBITS Exhibit 1: Summary of Recommended Projects rd Exhibit 2: PowerPoint Presentation Provided to Council on June Exhibit 3: Proposed Bond Proposition and Ballot Language Exhibit 4: Public Art Policy Exhibit 5: PowerPoint Presentation Respectfully submitted: Bryan Langley Assistant City Manager City of DentonPage 4 of 4Printed on 7/11/2014 powered by Legistar" This record is currently unavailable. https://denton-tx.legistar.com/gateway.aspx?M=F&ID=ee4b05f8-c207[7/11/2014 3:49:06 PM] City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0337 Version:1 Name: Type:Work Session Report Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Receive a report, hold a discussion and give staff direction reg 35Express Project. Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Final HNTB Design Guidelines I35E Exhibit 2 - TxDOT Bridge Column Standard Exhibit 3 - North Texas Blvd Enhancement Proposal DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Parks and Recreation CM/ ACM:John C. Cabrales, Jr. Date:July 15, 2014 SUBJECT Receiveareport,holdadiscussionandgivestaffdirectionregardingaestheticsrelatedtothe35Express Project. BACKGROUND Inearly2011,HNTBCorporationwashiredbyTxDOTtoworkwiththecitiesalongtheI-35Econstruction corridortodevelopaestheticdesignguidelinesfortheentirecorridor.Aseriesofmeetingswereheldwith representativesfromtheCityandUNTattending.InformalStaffReportsweresenttoCityCouncilonAugust 26andSeptember16,2011.Inaddition,WorkSessionpresentationsweregivenonSeptember6,September13 andOctober4,2011,toreceiveCouncilsdirectiononthetypeofpublicartandrecommendedlocations.A copyoftheFinalHNTBreportisattached.Theestablishedguidelinesincludecoloredfinishes,textures,bridge support shapes/design and retaining wall shapes. TheCitys2012CIPBond,approvedbyvoters,allowedfor2%ofstreetconstructionfundstobededicatedto publicartrelatedtostreets.ThePublicArtCommitteeandCouncilapprovedusingthesefundstoprovide PublicArtontheI-35EcorridoranddevelopedalistofpotentialgraphicstorepresenttheCityofDentonas form liner art along the sides of I-35 E at the North Texas Boul OnMarch7,2014,staffmetwithTxDOTandAGL,theconstructioncontractorforPhaseIoftheI-35corridor, City of DentonPage 1 of 4Printed on 7/11/2014 powered by Legistar" File #:ID 14-0337,Version:1 regardingthepublicartproject,atwhichtimeStaffwasinformedthattheNorthTexasBoulevardbridgewas theonlybridgeintheprojectthatwouldberemovedandrebuilttoitsultimateconfigurationaspartofthe currentPhaseIofthe35ExpressProject.TheMcCormickStreetbridgedeckwillberemovedand reconstructedaspartofPhaseI.ItisimportanttonotethattheentireMcCormickStreetBridgestructureis plannedforfullremovalandreplacementaspartofPhaseII.OtherbridgesintheDenton35Ecorridorwillbe modified to add inside lanes but no significant changes to the e AtaMay9,2014,meetingwithTxDOTandAGL,CityofDentonstaffwasaskedtosubmittexture preferencesforthebridgepanelsandlightingamenitiesattheNorthTexasBoulevardandunderpassbyAugust 2014.AGLalsorequestedthatfinalartworkforthebridgepanelsbeprovidedbytheendofSeptember preferably,butnolaterthanspring2015.TheAGLdeadlineisnecessarytoensurethattheartworkforthe bridgepanelformlinersandthelightingequipmentwillmeetthenecessaryproductionqueuesetforthinthe TxDOT design build contract for the 35Express Project. AspartoftheMaymeetingwithAGLandTxDOT,AGLinformedstaffthatadditionalinsidecolumnswillbe constructedaspartoftheMayhillandLoop288bridgestofacilitateadditionalgeneralpurposelanesineach direction.Thesetwobridgeswillbeinterimbridgesandsubjecttoteardownandreconstructduring35Express PhaseII.Thenewcolumnsarerequiredtomeet35ExpresscorridordesignstandardsoutlinedinTxDOTsIH 35ECorridorAestheticsMasterPlan.Thesestandardscallforsquarecolumns(Exhibit2)ratherthanthe existingroundcolumns.Inanefforttosavefunding,TxDOTwillallowroundcolumnstobeconstructedas partoftheinterimconstructionphaseiftheCityisagreeable.Inreturn,AGLhasofferedtorepaintthesupport beamsunderbridgesnotcoveredunderthecurrentproject.Thesebridgesinclude:Mayhill,Loop288,Dallas Drive(US77),McCormickStreetandBonnieBrae.Thepaintschemewillmatchthecorridorstandardcolor asapprovedbyTxDOT.Staffissupportiveofthecolumnofferasitmaintainsaconsistentdesignfeaturewith currentbridgesandprovidesshort-termaestheticbenefitsforthecommunityaswellasmaintainingcolor scheme with the remainder of the 35Express Corridor. TheareaaroundNorthTexasBoulevardisagatewaytotheCityofDenton,theUniversityofNorthTexas (UNT),andtheproposedconventioncenter.Aspartofthecoordinationefforttoensureanyenhancementsto thebaselineTxDOTaestheticscomplementthecorridorthemeandreflecttheculturalheritageofour community,theCityhiredParsonsBrinkerhoff(PB)toassistwithcoordinationandvisualizationofpossible concepts.(PBrecentlycompletedanextensivedesignprocessfortheCityofLewisvillethatwillultimately implementdesignfeaturesthroughouttheLewisvillecorridor.)PBwastaskedtoprovidevisualizationsofthe baselineaestheticsandprovideuptosixwallgraphicalternativeconcepts.Theseconceptsarescheduledfor reviewandconsiderationbythePublicArtCommitteeonJuly9,2014.(Theirreviewcommentsand recommendationwasnotavailableatthetimethisdocumentwassubmitted).PBwasalsotaskedtoprovide planninglevelcostestimatesforretainingwallgraphics,decorativelightingandpavingonthebridge,banners; and accents to associated landscape concepts. BasedonpastconversationswithformerUNTleadershipandseniorUNTofficials,CityofDentonstaff enteredintoconversationsregardingpartnershipopportunitiestofacilitateenhancementstotheNorthTexas Boulevard (NTB) bridge. On July 3, 2014, staff recommended the 1.CitytofullyfundretainingwallgraphicsforthenorthsideofNTBfrontingthesouthbound lanes of 35E; 2.50:50fundingofasecondarygraphiconthesouthsideofNTBfrontingthenorthboundlanesof 35E; 3.UNT to fund pedestrian lighting, banners and desired amenities o 4.JointlyfundbridgesignelementsonNTBfacingbothsouthboundandnorthboundlanesof35E, City of DentonPage 2 of 4Printed on 7/11/2014 powered by Legistar" File #:ID 14-0337,Version:1 DentonovercenterofNTBandUNTbrandingoverbothnorthboundandsouthboundlanes (Exhibit 3). CityofDentonstaffisalsoseekingopportunitiestoprovidesimilarbacklightedbridgesignsfrontingthe northbound35ElanesatPostOak.AlthoughthePostOakbridgeisinCorinth,theremaybeopportunitiesto incorporateasignelementonthebridgenotifyingmotoriststheyareenteringDenton.Metalartworkoptions arealsounderconsiderationforbridgesthatwillbemodifiedbutnotconstructedtotheultimatedesignin Phase I. OPTIONS 1.ProvidedirectiontoproceedwithfundinginitiativewithUNTtoincludeconceptualgraphicsas presentedwithfinancialcommitment,andacceptAGLoffertoallowroundcolumnsratherthansquare columns in exchange for painting candidate bridges. 2.ApproveconceptualgraphicsfortwobridgeabutmentsandadvanceproposalfortheCityofDentonto fundtreatmentsofthetwobridgeabutmentsandDentonbranding.AcceptAGLoffertoallowround columns rather than square columns in exchange for painting cand 3.ProvidedirectiontoproceedwithOption1or2above,butnotaccepttheAGLoffertopaintin exchange of round columns versus square columns as outlined in c 4.ProvideadditionaldirectionforconceptualgraphicstobepresentedattheAugust5,2014CityCouncil meeting. RECOMMENDATION Staff recommends Option 1. ESTIMATED SCHEDULE OF PROJECT TxDOTandAGLhaverequestedthattheCityofDentonprovidearesponseonthetexturefortheabutmentsas wellasanylightingamenitiesbyAugust11,2014.TheyhavealsorequestedtheCitytosubmittheartworkfor thepanelsbytheendofSeptember,2014,sotheymayinitiateproductionqueueforformlinersandlight standards. PRIOR ACTION/REVIEW (Council, Boards, Commissions) InformalStaffreporttitledIH-35ECorridorAestheticsMasterPlanandDesignGuidelinesdatedAugust26, 2011.September6,2011,WorkSessionregardingtheIH35ECorridorAestheticsMasterPlan.PublicArt Committee reviewed concepts as presented by Parsons Brinkerhoff FISCAL INFORMATION A final budget has not been established. Enhancements to the Tx be funded by local agencies. EXHIBITS 1.Final HNTB Design Guidelines for 35Express Corridor 2.TxDOT Bridge Column Standard 3.North Texas Boulevard Enhancement Proposal Respectfully submitted: John Cabrales, Jr. Assistant City Manager City of DentonPage 3 of 4Printed on 7/11/2014 powered by Legistar" File #:ID 14-0337,Version:1 Prepared by: Emerson Vorel, Director of Parks and Recreation and Mark Nelson, Director of Transportation City of DentonPage 4 of 4Printed on 7/11/2014 powered by Legistar" EXHIBIT2 TxDOT Standard Columns –35Express Corridor EXHIBIT 2 BlvdTexasN. City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0335 Version:1 Name: Type:Closed Session Report Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Deliberations regarding Real Property - Under Texas Government C Consultation with Attorneys - Under Texas Government Code, Secti Discuss, deliberate, and receive information from staff and prov potential purchase of certain real property interests located in 1288, in the City of Denton, Denton County, Texas, being 2.493 a north of Hercules Street along the east side of North Locust Str construction, maintenance, operation, and improvement of electri substation facilities, and related improvements. Consultation w issues associated with the potential proceedings against the rea public discussion of these legal matters would conflict with the of Denton and the Denton City Council under the Texas Disciplina the State Bar of Texas, or would jeopardize the Citys legal pos or potential litigation. (Denton Municipal Electric 69kV Spencer Transmission Line Upgrade Project Parcels: C13 - North Locust P Sponsors: Indexes: Code sections: Attachments: DateVer.Action ByActionResult Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCode,Section551.072;andConsultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss,deliberate,andreceiveinformationfromstaffandprovidestaffwithdirectionpertainingtothe potentialpurchaseofcertainrealpropertyinterestslocatedintheT.TobySurvey,AbstractNumber1288,in theCityofDenton,DentonCounty,Texas,being2.493acretractoflandlocatedgenerallynorthofHercules StreetalongtheeastsideofNorthLocustStreet,forthepublicuseofexpansion,construction,maintenance, operation,andimprovementofelectrictransmissionanddistributionlines,substationfacilities,andrelated improvements.ConsultationwiththeCitysattorneysregardinglegalissuesassociatedwiththepotential proceedingsagainsttherealpropertydescribedabovewhereapublicdiscussionoftheselegalmatterswould conflictwiththedutyoftheCitysattorneystotheCityofDentonandtheDentonCityCouncilunderthe TexasDisciplinaryRulesofProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCitys legalpositioninanyadministrativeproceedingorpotentiallitigation.(DentonMunicipalElectric69kV City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0335,Version:1 SpencertoDentonNorthInterchangeTransmissionLineUpgradeProjectParcels:C13-NorthLocust Properties, L.L.C.) [ID 14-0342] City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0336 Version:1 Name: Type:Closed Session Report Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Deliberations regarding Real Property - Under Texas Government C Consultation with Attorneys - Under Texas Government Code, Secti Discuss, deliberate, and receive information from staff and prov potential purchase of certain real property interests located in Number 346, in the City of Denton, Denton County, Texas, being 1 generally in the 2500 block of east McKinney Street, for the pub maintenance, operation, and improvement of electric transmission facilities, and related improvements. Consultation with the Cit associated with the potential proceedings against the real prope discussion of these legal matters would conflict with the duty o Denton and the Denton City Council under the Texas Disciplinary the State Bar of Texas, or would jeopardize the Citys legal pos or potential litigation. (Denton Municipal Electric 69kV Spencer Transmission Line Upgrade Project Parcels: P4 - William Lee Tys Robert John Tyson, Barbara Ann Wittwer, and Dwane Douglas Tyson) Sponsors: Indexes: Code sections: Attachments: DateVer.Action ByActionResult Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCode,Section551.072;andConsultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss,deliberate,andreceiveinformationfromstaffandprovidestaffwithdirectionpertainingtothe potentialpurchaseofcertainrealpropertyinterestslocatedintheT.M.DowningSurvey,AbstractNumber 346,intheCityofDenton,DentonCounty,Texas,being1.127acretractoflandlocatedgenerallyinthe2500 blockofeastMcKinneyStreet,forthepublicuseofexpansion,construction,maintenance,operation,and improvementofelectrictransmissionanddistributionlines,substationfacilities,andrelatedimprovements. ConsultationwiththeCitysattorneysregardinglegalissuesassociatedwiththepotentialproceedingsagainst therealpropertydescribedabovewhereapublicdiscussionoftheselegalmatterswouldconflictwiththeduty oftheCitysattorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinaryRules ofProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCityslegalpositioninany City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0336,Version:1 administrativeproceedingorpotentiallitigation.(DentonMunicipalElectric69kVSpencertoDentonNorth InterchangeTransmissionLineUpgradeProjectParcels:P4-WilliamLeeTyson,II,RosemarieVirginia Tyson, Robert John Tyson, Barbara Ann Wittwer, and Dwane Douglas City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0340 Version:1 Name: Type:Closed Session Report Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Deliberations regarding Real Property - Under Texas Government C Consultation with Attorneys - Under Texas Government Code, Secti Discuss, deliberate, and receive information from staff and prov potential purchase of certain real property interests located in 288, and the D. Culp Survey, Abstract No. 287, in the City of De 10.45 acre fee tract of land, a 0.802 acre and 3.338 acre tracts 0.521 acre and a 1.227 acre tracts of land for temporary constru the north and south sides of Loop 288 north of Kings Row Road, f construction, maintenance, operation, and improvement of electri substation facilities, and related improvements. Consultation w issues associated with the potential proceedings against the rea public discussion of these legal matters would conflict with the of Denton and the Denton City Council under the Texas Disciplina the State Bar of Texas, or would jeopardize the Citys legal pos or potential litigation. (Denton Municipal Electric 69kV Spencer Transmission Line Upgrade Project Parcels: C1, C2, and C3 -Brow Limited Partnership) [ID 14-0347 and 14-0348] Sponsors: Indexes: Code sections: Attachments: DateVer.Action ByActionResult Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCode,Section551.072;andConsultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss,deliberate,andreceiveinformationfromstaffandprovidestaffwithdirectionpertainingtothe potentialpurchaseofcertainrealpropertyinterestslocatedintheJ.ColtartSurvey,AbstractNumber288,and theD.CulpSurvey,AbstractNo.287,intheCityofDenton,DentonCounty,Texas,beinga10.45acrefee tractofland,a0.802acreand3.338acretractsoflandforelectriceasement,anda0.521acreanda1.227acre tractsoflandfortemporaryconstructioneasement,locatedgenerallyonthenorthandsouthsidesofLoop288 northofKingsRowRoad,forthepublicuseofexpansion,construction,maintenance,operation,and improvementofelectrictransmissionanddistributionlines,substationfacilities,andrelatedimprovements. ConsultationwiththeCitysattorneysregardinglegalissuesassociatedwiththepotentialproceedingsagainst City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0340,Version:1 therealpropertydescribedabovewhereapublicdiscussionoftheselegalmatterswouldconflictwiththeduty oftheCitysattorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinaryRules ofProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCityslegalpositioninany administrativeproceedingorpotentiallitigation.(DentonMunicipalElectric69kVSpencertoDentonNorth InterchangeTransmissionLineUpgradeProjectParcels:C1,C2,andC3-BrownDevelopmentI,Ltd.,aTexas Limited Partnership) [ID 14-0347 and 14-0348] City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0334 Version:1 Name: Type:Closed Session Report Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Deliberations regarding Real Property - Under Texas Government C Consultation with Attorneys - Under Texas Government Code, Secti Discuss, deliberate, receive information from staff and provide potential purchase of certain real property interests located in City of Denton, Denton County, Texas, and generally located at t and Masch Branch Road. Consultation with the Citys attorneys re the potential acquisition of the real property described above w matters would conflict with the duty of the Citys attorneys to Council under the Texas Disciplinary Rules of Professional Condu would jeopardize the Citys legal position in any administrative (Denton Enterprise Airport Fee Acquisitions) [ID 14-0345 & 14-03 Sponsors: Indexes: Code sections: Attachments: DateVer.Action ByActionResult Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCode,Section551.072;Consultationwith Attorneys - Under Texas Government Code, Section 551.071. Discuss,deliberate,receiveinformationfromstaffandprovidestaffwithdirectionpertainingtothepotential purchaseofcertainrealpropertyinterestslocatedinT.TobySurvey,AbstractNumber1285,CityofDenton, DentonCounty,Texas,andgenerallylocatedatthenortheastcornerofAirportRoadandMaschBranchRoad. ConsultationwiththeCitysattorneysregardinglegalissuesassociatedwiththepotentialacquisitionofthereal propertydescribedabovewhereapublicdiscussionoftheselegalmatterswouldconflictwiththedutyofthe CitysattorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinaryRulesof ProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCityslegalpositioninany administrativeproceedingorpotentiallitigation.(DentonEnterpriseAirportFeeAcquisitions)[ID14-0345& 14-0346] City of DentonPage 1 of 1Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0287 Version:1 Name: Type:Closed Session Report Status:Agenda Ready File created:6/23/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Deliberations regarding Real Property - Under Texas Government C Deliberations regarding Consultation with the City Attorney - Un 551.071; Deliberations regarding Economic Development Negotiatio Code, Section 551.087. Discuss, deliberate, and receive information from staff and prov acquisition of real property interests to acquire fee simple to situated south of the 2300 block of West Oak Street in the City State of Texas. Consultation with the Citys attorneys regardin acquisition or condemnation of the real property interests refer of these matters would conflict with the duty of the Citys atto Denton City Council under the Texas Disciplinary Rules of Profes Texas, or would jeopardize the Citys legal position in any admi litigation. (Hickory substation) [ID 14-0289] Sponsors: Indexes: Code sections: Attachments: DateVer.Action ByActionResult Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCode,Section551.072;Deliberations regardingConsultationwiththeCityAttorney-UnderTexasGovernmentCode,Section551.071; DeliberationsregardingEconomicDevelopmentNegotiations-UnderTexasGovernmentCode,Section 551.087. Discuss,deliberate,andreceiveinformationfromstaffandprovidestaffwithdirectionpertainingtothe acquisitionofrealpropertyintereststoacquirefeesimpletoaparceloflandlyingandbeinggenerallysituated southofthe2300blockofWestOakStreetintheCityofDenton,andCountyofDenton,StateofTexas. ConsultationwiththeCitysattorneysregardinglegalissuesassociatedwiththeacquisitionorcondemnationof therealpropertyinterestsreferencedabovewhereapublicdiscussionofthesematterswouldconflictwiththe dutyoftheCitysattorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinary RulesofProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCityslegalpositioninany administrative proceeding or potential litigation. (Hickory sub City of DentonPage 1 of 1Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0288 Version:1 Name: Type:Closed Session Report Status:Agenda Ready File created:6/23/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Deliberations regarding Real Property - Under Texas Government C Deliberations regarding Consultation with the City Attorney - Un 551.071; Deliberations regarding Economic Development Negotiatio Code, Section 551.087. Discuss, deliberate, and receive information from staff and prov acquisition of real property interests to acquire fee simple to situated south of the 2300 block of West Oak Street in the City State of Texas. Consultation with the Citys attorneys regardin acquisition or condemnation of the real property interests refer of these matters would conflict with the duty of the Citys atto Denton City Council under the Texas Disciplinary Rules of Profes Texas, or would jeopardize the Citys legal position in any admi litigation. (Hickory substation companion to ID 14-0287) [ID 14 Sponsors: Indexes: Code sections: Attachments: DateVer.Action ByActionResult Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCode,Section551.072;Deliberations regardingConsultationwiththeCityAttorney-UnderTexasGovernmentCode,Section551.071; DeliberationsregardingEconomicDevelopmentNegotiations-UnderTexasGovernmentCode,Section 551.087. Discuss,deliberate,andreceiveinformationfromstaffandprovidestaffwithdirectionpertainingtothe acquisitionofrealpropertyintereststoacquirefeesimpletoaparceloflandlyingandbeinggenerallysituated southofthe2300blockofWestOakStreetintheCityofDenton,andCountyofDenton,StateofTexas. ConsultationwiththeCitysattorneysregardinglegalissuesassociatedwiththeacquisitionorcondemnationof therealpropertyinterestsreferencedabovewhereapublicdiscussionofthesematterswouldconflictwiththe dutyoftheCitysattorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinary RulesofProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCityslegalpositioninany administrative proceeding or potential litigation. (Hickory sub City of DentonPage 1 of 1Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0329 Version:1 Name: Type:Closed Session Report Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Deliberations regarding Real Property - Under Texas Government C Consultation with Attorneys - Under Texas Government Code Sectio Discuss, deliberate, and receive information from staff and prov potential purchase of certain real property interests located in 515, in the City of Denton, Denton County, Texas, being a fee in 15.037 acre tract of land located generally south of FM 1173 and public use of expansion, construction, maintenance, operation, a transmission and distribution lines facilities, and structures, the Citys attorneys regarding legal issues associated with the described above where a public discussion of these legal matters Citys attorneys to the City of Denton and the Denton City Counc of Professional Conduct of the State Bar of Texas, or would jeop administrative proceeding or potential litigation. (Masch Branch Municipal Electric) [ID 14-0331] Sponsors: Indexes: Code sections: Attachments: DateVer.Action ByActionResult Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCodeSection551.072;Consultationwith Attorneys - Under Texas Government Code Section 551.071. Discuss,deliberate,andreceiveinformationfromstaffandprovidestaffwithdirectionpertainingtothe potentialpurchaseofcertainrealpropertyinterestslocatedintheJ.HaneySurvey,AbstractNumber515,inthe CityofDenton,DentonCounty,Texas,beingafeeinterestinland,regardingacertain15.037acretractofland locatedgenerallysouthofFM1173andeastofMaschBranchRoad,forthepublicuseofexpansion, construction,maintenance,operation,andimprovementofelectrictransmissionanddistributionlinesfacilities, andstructures,aswellassubstations.ConsultationwiththeCitysattorneysregardinglegalissuesassociated withthepotentialacquisitionoftherealpropertydescribedabovewhereapublicdiscussionoftheselegal matterswouldconflictwiththedutyoftheCitysattorneystotheCityofDentonandtheDentonCityCouncil undertheTexasDisciplinaryRulesofProfessionalConductoftheStateBarofTexas,orwouldjeopardizethe Cityslegalpositioninanyadministrativeproceedingorpotentiallitigation.(MaschBranchSubstationRe- City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0329,Version:1 construction-Denton Municipal Electric) [ID 14-0331] City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0338 Version:1 Name: Type:Closed Session Report Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Deliberations regarding Real Property - Under Texas Government C Consultation with Attorneys - Under Texas Government Code, Secti Discuss, deliberate, receive information from staff and provide potential exchange and/or sale of certain real property interest Survey, Abstract Number 31, in the City of Denton, Denton County acre tracts of land, and located in the N.H. Meisenhamer Survey, City of Denton, Denton County, Texas, being a 0.3278 acre tract attorneys regarding legal issues associated with the potential p described above where a public discussion of these legal matters Citys attorneys to the City of Denton and the Denton City Counc of Professional Conduct of the State Bar of Texas, or would jeop administrative proceeding or potential litigation. (North Lakes Sponsors: Indexes: Code sections: Attachments: DateVer.Action ByActionResult Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCode,Section551.072;andConsultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss,deliberate,receiveinformationfromstaffandprovidestaffwithdirectionpertainingtothepotential exchangeand/orsaleofcertainrealpropertyinterestslocatedintheRobertBeaumontSurvey,Abstract Number31,intheCityofDenton,DentonCounty,Texas,being1.6598and0.613acretractsofland,and locatedintheN.H.MeisenhamerSurvey,andAbstractNumber810,intheCityofDenton,DentonCounty, Texas,beinga0.3278acretractofland.ConsultationwiththeCitysattorneysregardinglegalissues associatedwiththepotentialproceedingsagainsttherealpropertydescribedabovewhereapublicdiscussionof theselegalmatterswouldconflictwiththedutyoftheCitysattorneystotheCityofDentonandtheDenton CityCouncilundertheTexasDisciplinaryRulesofProfessionalConductoftheStateBarofTexas,orwould jeopardizetheCityslegalpositioninanyadministrativeproceedingorpotentiallitigation.(NorthLakesPark Boundary Adjustment - Parks) City of DentonPage 1 of 1Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0357 Version:1 Name: Type:Closed Session Report Status:Agenda Ready File created:7/3/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Certain Public Power Utilities: Competitive Matters - Under Texa Consultation with Attorneys - Under Texas Government Code Sectio Receive competitive public power information and competitive fin form of the draft operating budget for Denton Municipal Electric without limitation, revenues, expenses, commodity volumes, and c deliberate, provide staff with direction regarding such matters, regarding approval of the FY 2014-2015 DME operating budget. [ID Sponsors: Indexes: Code sections: Attachments: DateVer.Action ByActionResult Agenda Information Sheet SUBJECT CertainPublicPowerUtilities:CompetitiveMatters-UnderTexasGovernmentCodeSection551.086; Consultation with Attorneys - Under Texas Government Code Sectio Receivecompetitivepublicpowerinformationandcompetitivefinancialinformationfromstaffintheformof thedraftoperatingbudgetforDentonMunicipalElectric(DME)forFY2014-2015,includingwithout limitation,revenues,expenses,commodityvolumes,andcommitments;anddiscuss,deliberate,providestaff withdirectionregardingsuchmatters,considerandmakearecommendationregardingapprovaloftheFY2014 -2015 DME operating budget. [ID 14-280] City of DentonPage 1 of 1Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0364 Version:1 Name: Type:Closed Session Report Status:Agenda Ready File created:7/10/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Deliberations regarding Real Property - Under Texas Government C Consultation with Attorneys - Under Texas Government Code, Secti Discuss, deliberate, and receive information from staff and prov license agreement with DART regarding a three inch sanitary sewe Drive for the benefit of the Classic of Denton development. Cons regarding legal issues associated with the license agreement whe matters would conflict with the Citys attorneys to the City of under the Texas Disciplinary Rules of Professional Conduct of th Sponsors: Indexes: Code sections: Attachments: DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Legal Department CM/ ACM:Jon Fortune Date:07/15/2014 SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCode,Section551.072;andConsultationwithAttorneys-Under Texas Government Code, Section 551.071. Discuss,deliberate,andreceiveinformationfromstaffandprovidestaffdirectionpertainingtoalicenseagreementwithDART regardingathreeinchsanitarysewerforcemainlinenearLakeviewDriveforthebenefitoftheClassicofDentondevelopment. ConsultationwiththeCitysattorneysregardinglegalissuesassociatedwiththelicenseagreementwhereapublicdiscussionofthese legalmatterswouldconflictwiththeCitysattorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinary Rules of Professional Conduct of the State Bar of Texas. [ID 14 BACKGROUND OPTIONS City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0364,Version:1 RECOMMENDATION ESTIMATED SCHEDULE OF PROJECT PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION BID INFORMATION EXHIBITS Respectfully submitted: (Name of Director) (Title) Prepared by: (Name) (Title) City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0294 Version:1 Name: Type:Closed Session Report Status:Agenda Ready File created:6/25/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Deliberations regarding Consultation with Attorneys - Under Te 551.071. Discuss, deliberate, and receive information from the Citys att legal consequences of meet and confer agreements with the Police provide the Citys attorneys with direction, where a public disc conflict with the duty of the Citys attorneys to the City of De the Texas Disciplinary Rules of Professional Conduct of the Stat the Citys legal position in any administrative proceedings or p Sponsors: Indexes: Code sections: Attachments: DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT: CM/ ACM: Date: SUBJECT Deliberations regarding Consultation with Attorneys - Under Te Discuss,deliberate,andreceiveinformationfromtheCitysattorneyspertainingtothenegotiationandlegal consequencesofmeetandconferagreementswiththePoliceandFireAssociations,andprovidetheCitys attorneyswithdirection,whereapublicdiscussionoftheselegalmatterswouldconflictwiththedutyofthe CitysattorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinaryRulesof ProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCityslegalpositioninany administrative proceedings or potential litigation. BACKGROUND City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0294,Version:1 OPTIONS RECOMMENDATION ESTIMATED SCHEDULE OF PROJECT PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION BID INFORMATION EXHIBITS Respectfully submitted: (Name of Director) (Title) Prepared by: (Name) (Title) City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0341 Version:1 Name: Type:Closed Session Report Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Deliberations regarding Real Property - Under Texas Government C Consultation with Attorneys - Under Texas Government Code Sectio Discuss, deliberate and receive information from staff and provi potential purchase of certain real property located at 301 E. Mc Texas. Consultation with the Citys attorneys regarding legal is the real property interests referenced above where a public disc conflict with the duty of the Citys attorneys to the City of De the Texas Disciplinary Rules of Professional Conduct of the Stat Sponsors: Indexes: Code sections: Attachments: DateVer.Action ByActionResult Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCodeSection551.072;andConsultation with Attorneys - Under Texas Government Code Section 551.071. Discuss,deliberateandreceiveinformationfromstaffandprovidestaffwithdirectionpertainingtothe potentialpurchaseofcertainrealpropertylocatedat301E.McKinneySt.,Denton,DentonCounty,Texas. ConsultationwiththeCitysattorneysregardinglegalissuesassociatedwiththeacquisitionoftherealproperty interestsreferencedabovewhereapublicdiscussionoftheselegalmatterswouldconflictwiththedutyofthe CitysattorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinaryRulesof Professional Conduct of the State Bar of Texas. City of DentonPage 1 of 1Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0351 Version:1 Name: Type:Closed Session Report Status:Agenda Ready File created:7/1/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consultation with Attorneys - Under Texas Government Code Sectio Consult with and provide direction to Citys attorneys regarding with Gas Well Ordinance regulation of gas well drilling and prod extraterritorial jurisdiction, including: Constitutional limitat regulatory authority; statutory preemption; impacts of federal a gas well drilling upon protected uses and vice-versa; moratorium concerns about municipal regulatory authority or matters relatin Ordinance; and legal matters associated with a citizens initiat a public discussion of these legal matters would conflict with t Texas Disciplinary Rules of Professional Conduct of the State Ba Sponsors: Indexes: Code sections: Attachments: DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT: CM/ ACM: Date: SUBJECT Consultation with Attorneys - Under Texas Government Code Sectio ConsultwithandprovidedirectiontoCitysattorneysregardinglegalissuesandstrategiesassociatedwithGas WellOrdinanceregulationofgaswelldrillingandproductionwithintheCityLimitsandtheextraterritorial jurisdiction,including:Constitutionallimitations,statutorylimitationsuponmunicipalregulatoryauthority; statutorypreemption;impactsoffederalandstatelawandregulations;impactsofgaswelldrillingupon protectedusesandvice-versa;moratoriumondrillingandproduction;otherconcernsaboutmunicipal regulatoryauthorityormattersrelatingtoenforcementoftheGasWellOrdinance;andlegalmattersassociated withacitizensinitiativeregardinghydraulicfracturingwhereapublicdiscussionoftheselegalmatterswould conflictwiththedutyoftheCitysattorneysundertheTexasDisciplinaryRulesofProfessionalConductofthe State Bar of Texas. City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0351,Version:1 BACKGROUND OPTIONS RECOMMENDATION ESTIMATED SCHEDULE OF PROJECT PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION BID INFORMATION EXHIBITS Respectfully submitted: (Name of Director) (Title) Prepared by: (Name) (Title) City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0362 Version:1 Name: Type:Closed Session Report Status:Agenda Ready File created:7/10/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consultation with Attorneys - Under Texas Government Code Sectio Consultation, discussion, deliberation, and receipt of informati legal matters concerning Item No. 3.A. of the July 15, 2014 Work discussion of this legal matter would conflict with the duty of Disciplinary Rules of Professional Conduct of the State Bar of T Sponsors: Indexes: Code sections: Attachments: DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Legal CM/ ACM:Anita Burgess, City Attorney Date:July 15, 2014 SUBJECT Consultation with Attorneys - Under Texas Government Code Sectio Consultation,discussion,deliberation,andreceiptofinformationfromtheCitysattorneysinvolvinglegal mattersconcerningItemNo.3.A.oftheJuly15,2014WorkSessionAgenda,whereapublicdiscussionofthis legalmatterwouldconflictwiththedutyoftheCitysattorneysundertheTexasDisciplinaryRulesof Professional Conduct of the State Bar of Texas. BACKGROUND OPTIONS RECOMMENDATION City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0362,Version:1 ESTIMATED SCHEDULE OF PROJECT PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION BID INFORMATION EXHIBITS Respectfully submitted: (Name of Director) (Title) Prepared by: (Name) (Title) City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0282 Version:1 Name: Type:Public Presentation Status:Agenda Ready File created:6/18/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Receive a citizen report from Brian McCarter regarding the creat Sponsors: Indexes: Code sections: Attachments: DateVer.Action ByActionResult Agenda Information Sheet SUBJECT Receive a citizen report from Brian McCarter regarding the creat City of DentonPage 1 of 1Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0221 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:5/23/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance of the City of Denton, Texas a designee, to enter into an Interlocal Agreement with Denton Coun Tax Billing and Collections Services for the City of Denton; pro an effective date. Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Finance CM/ ACM:Bryan Langley Date:July 15, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,TexasauthorizingtheCityManager,orhisdesignee, toenterintoanInterlocalAgreementwithDentonCountyfortheCountytoprovidePropertyTaxBillingand Collections Services for the City of Denton; providing a savings BACKGROUND ThisInterlocalAgreementfortaxcollectionservicestobeperformedbyDentonCountywasinitially establishedinMarch2007.Atthattime,theagreementwasexclusivetotheprocessingofstatementsand supplementalpaymentsforthe2007taxyearandsubsequenttaxyears.InAugust2008,theCityCouncil renewedtheInterlocalAgreement,andincludedaprovisionforalltaxyearstobeincludedinprocessing supplemental tax payments. TheCountycurrentlyprocessestaxstatements(approximately46,000)andtaxsupplementalpaymentsonthe Citysbehalf.Thisarrangementisefficientbecauseoneentityisresponsibleforbillingandcollecting payments for all three taxing entities (the City, the County and ThisInterlocalAgreementcontinuestoauthorizeDentonCountytoprocesstaxstatementsandpaymentson City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0221,Version:1 behalfoftheCityofDenton.Thepriceforthisservicewillbe$0.69perparcel.TheCountywillprocessthe initial tax statements in October, with two delinquent mailings RECOMMENDATION StaffrecommendsapprovalofcontinuingtheInterlocalAgreementwithDentonCountytoprovidetax processing services for the 2014 tax year. ESTIMATED SCHEDULE OF PROJECT This is a one (1) year contract. FISCAL INFORMATION PaymentfortheseserviceswillbefundedfromtheGeneralFundoperatingaccount162200.7879inthe estimated annual amount of $31,740 for FY 2014-15. EXHIBITS 1.Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance Prepared by: Antonio Puente, Jr. Assistant Director of Finance City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0301 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/26/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance of the City of Denton, Nunc pr mistake in Ordinance No. 2010-042, relating to the acceptance of for agricultural, wildlife management or timberland use properti and abutting the existing city limits of the City of Denton, Tex on the south side of Ganzer Road, north and south of Barthold Ro and more specifically identified in Exhibits A and B attache parcels of land that were inadvertently excluded from Ordinance parcels were subject to a signed non-annexation agreement; provi providing an effective date. Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Location Map Exhibit 2 - 2010-042 Annexation Ordinance Exhibit 3 - 2010-119 Non Annexation Agreement Ordinance Exhbit 4 - Agreement from Legal Records Exhibit 5 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:July 15, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,NuncproTunc,correctinganinadvertentmistakein OrdinanceNo.2010-042,relatingtotheacceptanceofeligiblenon-annexationagreementsforagricultural, wildlifemanagementortimberlandusepropertieswithinanareaoflandadjacenttoandabuttingtheexisting citylimitsoftheCityofDenton,Texas,generallyidentifiedasPAA3,locatedonthesouthsideofGanzer Road,northandsouthofBartholdRoad,northofFM1173,westofI-35,andmorespecificallyidentifiedin ExhibitsAandBattachedhereto;specificallybyincludingtwoparcelsoflandthatwereinadvertently excludedfromOrdinanceNo.2010-042eventhoughtheparcelsweresubjecttoasignednon-annexation agreement; providing for savings clause; and providing an effect City of DentonPage 1 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0301,Version:1 BACKGROUND ThepurposeofthisitemistocorrecterrorsinannexingtwopropertiesthatwereofferedNonAnnexation Agreementsandthatcompletedtherequiredpaperwork.Duetostafferrorthepropertieswereleftoutofthe NonAnnexationAgreementsandsubsequentlyannexed.Thecorrectionisrequiredforordinance2010-042 adoptingtheNonAnnexationAgreementsandordinance2010-119whichannexedtheproperty.Thisagenda item is to correct Ordinance 2010-042. The following agenda ite Mr.andMrs.MerittowntheBoisDArcBuffaloeventCenteroffGanzerRoad,whichconsistsoffiveparcels. ThesefiveparcelsarelocatedintheareareferredtoasPAA3andannexedin2010byOrdinance2010-119. Duringthe2010annexationprocesstheCityofferedNonAnnexationAgreementtopropertyownerswith agriculturaltaxexemptionsasrequiredperstatelaw.TheMerittswereofferedNonAnnexationAgreements (NAAs)forfourparcelsthathadagriculturalexemptions.Thefifthparcelcontainingtheeventcenterwas annexedtothecityasitdidnothaveanagriculturaltaxexemption.TwoparcelsreceivedNonAnnexation AgreementsperOrdinance2010-042.However,thesignedNAAsfortwoparcelswerenotincludedin Ordinance2010-042andwerethusannexed.Thesignedandnotarizedagreementsfortheseparcelswere foundinphysicalrecordskeptbytheLegaldepartmentbutwerenotincludedintheordinance.Staffisunsure howthisoversightoccurred.ThiserrorwasbroughttostaffsattentionwhentheMerittsrequestedabuilding permit, though it took several weeks to discover the filed docum ThisNuncProTuncordinanceisbeingbroughtforwardtocorrectthe2010mistakeontheannexation ordinancenumber2010-119.TheresultofthisordinanceisthattheMerittpropertywillcontinuetobe consideredaslandintheExtra-TerritorialJurisdictionuntilsuchtimeasitisannexedbytheCity.Sincethe mistakenannexationtheMerittshavepaid179.41dollarsinCitytaxes.Staffplanstorefundthesetaxes through by request once the Nunc Pro Tunc is complete. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table the item. RECOMMENDATION Staff recommends approval of this request. ESTIMATED SCHEDULE OF PROJECT Not applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action. FISCAL INFORMATION Since the mistaken annexation the Meritts have paid 179.41 doll City of DentonPage 2 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0301,Version:1 taxes once the Nunc Pro Tunc is complete. BID INFORMATION Not applicable. EXHIBITS 1.Location map 2.2010-042 Annexation Ordinance 3.2010-119 Non Annexation Agreement Ordinance 4.Agreement from Legal Records 5.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Director Planning and Development Prepared by: Michele Berry, AICP Associate Planner City of DentonPage 3 of 3Printed on 7/11/2014 powered by Legistar" CITY OF DENTON Exhibit 1 Location Map 135322 135316 155015 136145 135318 185222 60422 185224 185225 185223 185227 185228 37682 I35 60424 79416 167643 37676 270484 496915 36797 173414 260244 111210 36970 3695836796 The City of Denton has prepared maps for departmental use. Legend These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Subject Property Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information Citylimits possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map 05501,100275 indicates understanding and acceptance of this statement. Feet Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0302 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/26/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance of the City of Denton, Texas, inadvertent mistake in Ordinance No. 2010-119 relating to the an City of Denton, Texas, generally identified as PAA3, located on and south of Barthold Road; north of FM 1173, west of I-35, and depicted in Exhibits A and B; specifically by excluding two annexed notwithstanding that the parcels were subject to signed agricultural, wildlife management or timberland use; providing f exclude the inadvertently annexed lands; providing for a savings date. Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Location Map Exhibit 2 - 2010-042 Annexation Ordinance Exhibit 3 - 2010-119 Non Annexation Agreement Ordinance Exhbit 4 - Agreement from Legal Records Exhibit 5 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:July 15, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texas,NuncproTunc,correctinganinadvertent mistakeinOrdinanceNo.2010-119relatingtotheannexationofanareaoflandtotheCityofDenton,Texas, generallyidentifiedasPAA3,locatedonthesouthsideofGanzerRoad,northandsouthofBartholdRoad; northofFM1173,westofI-35,andmorespecificallydescribedanddepictedinExhibitsAandB; specificallybyexcludingtwoparcelsoflandthatwereinadvertentlyannexednotwithstandingthattheparcels weresubjecttosignednon-annexationagreementsforagricultural,wildlifemanagementortimberlanduse; providingforacorrectionofthecitymaptoexcludetheinadvertentlyannexedlands;providingforasavings clause; and providing for an effective date. City of DentonPage 1 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0302,Version:1 BACKGROUND ThepurposeofthisitemistocorrecterrorsinannexingtwopropertiesthatwereofferedNonAnnexation Agreementsandthatcompletedtherequiredpaperwork.Duetostafferrorthepropertieswereleftoutofthe NonAnnexationAgreementsandsubsequentlyannexed.Thecorrectionisrequiredforordinance2010-042 adoptingtheNonAnnexationAgreementsandordinance2010-119whichannexedtheproperty.Thisagenda item is to correct Ordinance 2010-119. The previous agenda item Mr.andMrs.MerittowntheBoisDArcBuffaloeventCenteroffGanzerRoad,whichconsistsoffiveparcels. ThesefiveparcelsarelocatedintheareareferredtoasPAA3andannexedin2010byOrdinance2010-119. Duringthe2010annexationprocesstheCityofferedNonAnnexationAgreementtopropertyownerswith agriculturaltaxexemptionsasrequiredperstatelaw.TheMerittswereofferedNonAnnexationAgreements (NAAs)forfourparcelsthathadagriculturalexemptions.Thefifthparcelcontainingtheeventcenterwas annexedtothecityasitdidnothaveanagriculturaltaxexemption.TwoparcelsreceivedNonAnnexation AgreementsperOrdinance2010-042.However,thesignedNAAsfortwoparcelswerenotincludedin Ordinance2010-042andwerethusannexed.Thesignedandnotarizedagreementsfortheseparcelswere foundinphysicalrecordskeptbythelegaldepartmentbutwerenotincludedintheordinance.Staffisunsure howthisoversightoccurred.ThiserrorwasbroughttostaffsattentionwhentheMerittsrequestedabuilding permit, though it took several weeks to discover the filed docum ThisNuncProTuncordinanceisbeingbroughtforwardtocorrectthe2010mistakeontheannexation ordinancenumber2010-119.TheresultofthisordinanceisthattheMerittpropertywillcontinuetobe consideredaslandintheExtra-TerritorialJurisdictionuntilsuchtimeasitisannexedbytheCity.Sincethe mistakenannexationtheMerittshavepaid179.41dollarsinCitytaxes.Staffplanstorefundthesetaxes through by request once the Nunc Pro Tunc is complete. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table the item. RECOMMENDATION Staff recommends approval of this request. ESTIMATED SCHEDULE OF PROJECT Not applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No Prior Action. FISCAL INFORMATION Since the mistaken annexation the Meritts have paid 179.41 doll City of DentonPage 2 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0302,Version:1 taxes once the Nunc Pro Tunc is complete. BID INFORMATION Not Applicable. EXHIBITS 1.Location map 2.2010-042 Annexation Ordinance 3.2010-119 Non Annexation Agreement Ordinance 4.Agreement from Legal Records 5.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Director of Planning and Development Prepared by: Michele Berry, AICP Associate Planner City of DentonPage 3 of 3Printed on 7/11/2014 powered by Legistar" CITY OF DENTON Exhibit 1 Location Map 135322 135316 155015 136145 135318 185222 60422 185224 185225 185223 185227 185228 37682 I35 60424 79416 167643 37676 270484 496915 36797 173414 260244 111210 36970 3695836796 The City of Denton has prepared maps for departmental use. Legend These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Subject Property Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information Citylimits possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map 05501,100275 indicates understanding and acceptance of this statement. Feet Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 2 2010-042 Annexation Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 3 2010-119 Non Annexation Agreement Ordinance Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records Exhibit 4 Agreement from Legal Records City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0304 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/26/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance of the City of Denton, Nunc Pr mistake in Ordinance No. 2012-362, relating to the acceptance of for agricultural, wildlife management or timberland use properti and abutting the existing city limits of the City of Denton, Tex north of Pockrus Page Road, north, south and northeast of Edward identified in Exhibit A and B attached hereto; specifically inadvertently excluded from Ordinance No. 2012-362 even though t signed non-annexation agreement; providing for savings clause; a Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Location Map Exhibit 2 - 2013-096 Annexation Ordinance Exhibit 3 - 2012-362 Non Annexation Ordinance Exhibit 4 - E-mail Chain Exhibit 5 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:July 15, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,NuncProTunc,correctinganinadvertentmistakein OrdinanceNo.2012-362,relatingtotheacceptanceofeligiblenon-annexationagreementsforagricultural, wildlifemanagementortimberlandusepropertieswithinanareaoflandadjacenttoandabuttingtheexisting citylimitsoftheCityofDenton,Texas,generallyidentifiedasDH-9,locatednorthofPockrusPageRoad, north,southandnortheastofEdwardsRoad,andmorespecificallyidentifiedinExhibitAandBattached hereto;specificallybyincludingtwoparcelsoflandthatwereinadvertentlyexcludedfromOrdinanceNo.2012 -362eventhoughtheparcelsweresubjecttoasignednon-annexationagreement;providingforsavingsclause; and providing an effective date. BACKGROUND City of DentonPage 1 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0304,Version:1 ThepurposeofthisitemistocorrecterrorsinannexingapropertythatwasofferedNonAnnexation Agreementsandthatcompletedtherequiredpaperwork.Duetostafferrorthepropertieswereleftoutofthe NonAnnexationAgreementsandsubsequentlyannexed.Tofixtheerrorcorrectionsarerequiredforordinance 2012-362adoptingtheNonAnnexationAgreementsandordinance2013-096whichannexedtheproperty. ThisagendaitemistocorrectOrdinance2012-362.ThefollowingagendaitemistocorrectOrdinance2013- 096. Mr.andMrs.PolsterownthesubjectpropertylocatedintheareareferredtoaDH-9.Thisareawasannexedin 2013byOrdinance2013-096.Duringthe2010annexationprocesstheCityofferedNonAnnexation Agreementtopropertyownerswithagriculturaltaxexemptionsasrequiredperstatelaw.ThePolsterswere offeredNonAnnexationAgreements(NAAs)fortheirparcelthathadandmaintainsanagriculturalexemption. ThesewereadoptedaspartofOrdinance2010-362.Thereisane-mailchainthatstatesstaffreceivedthe agreementandwouldincludeitintheordinance,however,thisdidnothappen.Staffisunsurehowthis oversightoccurred.ThiserrorwasbroughttostaffsattentionwhenthePolsterscontactedtheCityafterbeing charged City taxes. ThisNuncProTuncordinanceisbeingbroughtforwardtocorrectthe2012and2013mistakeonOrdinance 2012-362,acceptingNonAnnexationAgreementsforDH-9.TheresultofthisordinanceisthatthePolster propertywillcontinuetobeconsideredaslandintheExtra-TerritorialJurisdictionuntilsuchtimeasitis annexed by the City. Staff plans to refund any paid city taxes b OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table the item. RECOMMENDATION Staff recommends approval of this request. ESTIMATED SCHEDULE OF PROJECT Not applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action. FISCAL INFORMATION If any City taxes have been paid they will be refunded. BID INFORMATION Not applicable. EXHIBITS City of DentonPage 2 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0304,Version:1 1.Location map 2.2013-096 Annexation Ordinance 3.2012-362 Non Annexation Agreement Ordinance 4.E-mail Chain 5.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Director of Planning and Development Prepared by: Michele Berry, AICP Associate Planner City of DentonPage 3 of 3Printed on 7/11/2014 powered by Legistar" CITY OF DENTON Exhibit 1 Location Map 306410 524157 Legend The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Subject Property Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information Citylimits possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map 0430860215 indicates understanding and acceptance of this statement. Feet Exhibit2 2013-096AnnexationOrdinance Exhibit3 2012-362NonAnnexationOrdinance Exhibit4 E-mailChain Berry, Michele S From:Fortune, Jon E. Sent:Tuesday, June 03, 2014 9:04 AM To:Lisa Polster Subject:FW: Annexation Agreement - John & Lisa Polster Lisa,IthoughtIwouldsendyouacopyoftheemailsform2012regardingyournonannexationagreement.Asyoucan see,Markindicatesthathedidreceivedyouragreement.MicheleBerrywiththePlanningDepartmentwillbe contactingyousoontoscheduleameetingtodiscussyouroptions.Pleaseletmeknowifyouhaveanyquestionsor needanythingelsefromme. JonFortune From: Lisa Polster [mailto:lpolster@itsinc-tx.com] Sent: Tuesday, May 15, 2012 3:25 PM To: Cunningham, Mark A. Cc: Fortune, Jon E.; Leal, Aaron; Matthews, Johnna M. Subject: RE: Annexation Agreement - John & Lisa Polster Gooddeal,thankyouverymuch.Weappreciateallyourhelp! Lisa Polster Innovative Transportation Solutions, Inc. 2701 Valley View Lane Farmers Branch, TX 75235 972-484-2525 (office) 972-814-3445 (cell) lpolster@itsinc-tx.com From: Cunningham, Mark A. [mailto:Mark.Cunningham@cityofdenton.com] Sent: Tuesday, May 15, 2012 3:17 PM To: Lisa Polster Cc: Fortune, Jon E.; Leal, Aaron; Matthews, Johnna M. Subject: RE: Annexation Agreement - John & Lisa Polster GoodAfternoonLisa: IreceivedyoursignedNonAnnexationAgreementtoday.IwilldeliverittoourLegaldepartment. Sincerely, From: Cunningham, Mark A. Sent: Thursday, May 10, 2012 10:09 AM To: 'Lisa Polster' Subject: RE: Annexation Agreement - John & Lisa Polster Youareverywelcome From: Lisa Polster [mailto:lpolster@itsinc-tx.com] Sent: Thursday, May 10, 2012 10:05 AM To: Cunningham, Mark A. 1 Cc: Fortune, Jon E.; Matthews, Johnna M.; Leal, Aaron Subject: Re: Annexation Agreement - John & Lisa Polster Thanks Mark, we appreciate that. We'll get it notarized and in the mail today. Thanks again! Lisa Sent from my iPhone On May 10, 2012, at 10:00 AM, "Cunningham, Mark A." <Mark.Cunningham@cityofdenton.com> wrote: Good Morning Lisa: Our Legal department will extend the opportunity for you to sign and submit the agreement. Please submit the signed agreement as soon as possible to avoid any unforeseen complications. Sincerely, From: Lisa Polster [mailto:lpolster@itsinc-tx.com] Sent: Monday, May 07, 2012 11:06 AM To: Cunningham, Mark A. Cc: Fortune, Jon E. Subject: Annexation Agreement - John & Lisa Polster Mark, IÔm really sorry, but the annexation agreement you sent out in J buried under some paperwork and I just ran across it again this had originally requested the signed agreement to be sent back to February 3, 2012. Are we still allowed to execute this agreemen assistant at ITS is a notary public and she will be in the offic can take care of getting this notarized and mailed to the City f tomorrow if itÔs okay. 2 Again, I apologize for letting this slip. We all worked so hard this agreement and John and I very much appreciate the staffÔs e fair offer. Please let me know if you need me to give you a cal Thanks! Lisa Polster Innovative Transportation Solutions, Inc. 2701 Valley View Lane Farmers Branch, TX 75235 972-484-2525 (office) 972-814-3445 (cell) lpolster@itsinc-tx.com 3 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0305 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/26/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance of the City of Denton, Texas, inadvertent mistake in Ordinance No. 2013-096 relating to the an approximately 298 acres to the City of Denton, Texas, generally Pockrus Page Road, north, south and northeast of Edwards Road, a and depicted in Exhibits A and B attached hereto; specifical were inadvertently annexed notwithstanding that the parcels were agreements for agricultural, wildlife management or timberland u city map to exclude the inadvertently annexed lands; providing f an effective date. Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Location Map Exhibit 2 - 2013-096 Annexation Ordinance Exhibit 3 - 2012-362 Non Annexation Ordinance Exhibit 4 - E-mail Chain Exhibit 5 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:July 15, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texas,NuncProTunc,correctinganinadvertentmistakeinOrdinanceNo. 2013-096relatingtotheannexationofanareaoflandofapproximately298acrestotheCityofDenton,Texas,generallyidentifiedas DH-9,locatednorthofPockrusPageRoad,north,southandnortheastofEdwardsRoad,andmorespecificallydescribedand depictedinExhibitsAandBattachedhereto;specificallybyexcludingtwoparcelsoflandthatwereinadvertentlyannexed notwithstandingthattheparcelsweresubjecttosignednon-annexationagreementsforagricultural,wildlifemanagementor timberlanduse;providingforacorrectionofthecitymaptoexcludetheinadvertentlyannexedlands;providingforasavingsclause; and providing for an effective date. BACKGROUND ThepurposeofthisitemistocorrecterrorsinannexingapropertythatwasofferedNonAnnexation Agreementsandthatcompletedtherequiredpaperwork.Duetostafferror,thepropertieswereleftoutofthe City of DentonPage 1 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0305,Version:1 NonAnnexationAgreementsandsubsequentlyannexed.Tofixtheerror,correctionsarerequiredfor Ordinance2012-362adoptingtheNonAnnexationAgreementsandOrdinance2013-096whichannexedthe property.ThisagendaitemistocorrectOrdinance2013-096.Thepreviousagendaitemwastocorrect Ordinance 2012-362. Mr.andMrs.PolsterownthesubjectpropertylocatedintheareareferredtoaDH-9.Thisareawasannexedin 2013byOrdinance2013-096.Duringthe2010annexationprocess,theCityofferedNonAnnexation Agreementtopropertyownerswithagriculturaltaxexemptionsasrequiredperstatelaw.ThePolsterswere offeredNonAnnexationAgreements(NAAs)fortheirparcelthathadandmaintainsanagriculturalexemption. Thereisane-mailchainthatstatesstaffreceivedtheagreementandwouldincludeitintheordinance,however, thisdidnothappen.Staffisunsurehowthisoversightoccurred.Thiserrorwasbroughttostaffsattention when the Polsters contacted the City after being charged City t ThisNuncProTuncordinanceisbeingbroughtforwardtocorrectthe2012and2013mistakeonthe annexationordinancenumber2013-096.TheresultofthisordinanceisthatthePolsterpropertywillcontinue tobeconsideredaslandintheExtra-TerritorialJurisdictionuntilsuchtimeasitisannexedbytheCity.Staff plans to refund any paid city taxes by request once the Nunc Pro OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table the item. RECOMMENDATION Staff recommends approval of this request. ESTIMATED SCHEDULE OF PROJECT Not applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action. FISCAL INFORMATION If City taxes have been paid they will be refunded. BID INFORMATION Not applicable. EXHIBITS City of DentonPage 2 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0305,Version:1 1.Location map 2.2013-096 Annexation Ordinance 3.2012-362 Non Annexation Agreement Ordinance 4.E-mail Chain 5.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Director of Planning and Development Prepared by: Michele Berry, AICP Associate Planner City of DentonPage 3 of 3Printed on 7/11/2014 powered by Legistar" CITY OF DENTON Exhibit 1 Location Map 306410 524157 Legend The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Subject Property Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information Citylimits possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map 0430860215 indicates understanding and acceptance of this statement. Feet Exhibit2 2013-096AnnexationOrdinance Exhibit3 2012-362NonAnnexationOrdinance Exhibit4 E-mailChain Berry, Michele S From:Fortune, Jon E. Sent:Tuesday, June 03, 2014 9:04 AM To:Lisa Polster Subject:FW: Annexation Agreement - John & Lisa Polster Lisa,IthoughtIwouldsendyouacopyoftheemailsform2012regardingyournonannexationagreement.Asyoucan see,Markindicatesthathedidreceivedyouragreement.MicheleBerrywiththePlanningDepartmentwillbe contactingyousoontoscheduleameetingtodiscussyouroptions.Pleaseletmeknowifyouhaveanyquestionsor needanythingelsefromme. JonFortune From: Lisa Polster [mailto:lpolster@itsinc-tx.com] Sent: Tuesday, May 15, 2012 3:25 PM To: Cunningham, Mark A. Cc: Fortune, Jon E.; Leal, Aaron; Matthews, Johnna M. Subject: RE: Annexation Agreement - John & Lisa Polster Gooddeal,thankyouverymuch.Weappreciateallyourhelp! Lisa Polster Innovative Transportation Solutions, Inc. 2701 Valley View Lane Farmers Branch, TX 75235 972-484-2525 (office) 972-814-3445 (cell) lpolster@itsinc-tx.com From: Cunningham, Mark A. [mailto:Mark.Cunningham@cityofdenton.com] Sent: Tuesday, May 15, 2012 3:17 PM To: Lisa Polster Cc: Fortune, Jon E.; Leal, Aaron; Matthews, Johnna M. Subject: RE: Annexation Agreement - John & Lisa Polster GoodAfternoonLisa: IreceivedyoursignedNonAnnexationAgreementtoday.IwilldeliverittoourLegaldepartment. Sincerely, From: Cunningham, Mark A. Sent: Thursday, May 10, 2012 10:09 AM To: 'Lisa Polster' Subject: RE: Annexation Agreement - John & Lisa Polster Youareverywelcome From: Lisa Polster [mailto:lpolster@itsinc-tx.com] Sent: Thursday, May 10, 2012 10:05 AM To: Cunningham, Mark A. 1 Cc: Fortune, Jon E.; Matthews, Johnna M.; Leal, Aaron Subject: Re: Annexation Agreement - John & Lisa Polster Thanks Mark, we appreciate that. We'll get it notarized and in the mail today. Thanks again! Lisa Sent from my iPhone On May 10, 2012, at 10:00 AM, "Cunningham, Mark A." <Mark.Cunningham@cityofdenton.com> wrote: Good Morning Lisa: Our Legal department will extend the opportunity for you to sign and submit the agreement. Please submit the signed agreement as soon as possible to avoid any unforeseen complications. Sincerely, From: Lisa Polster [mailto:lpolster@itsinc-tx.com] Sent: Monday, May 07, 2012 11:06 AM To: Cunningham, Mark A. Cc: Fortune, Jon E. Subject: Annexation Agreement - John & Lisa Polster Mark, IÔm really sorry, but the annexation agreement you sent out in J buried under some paperwork and I just ran across it again this had originally requested the signed agreement to be sent back to February 3, 2012. Are we still allowed to execute this agreemen assistant at ITS is a notary public and she will be in the offic can take care of getting this notarized and mailed to the City f tomorrow if itÔs okay. 2 Again, I apologize for letting this slip. We all worked so hard this agreement and John and I very much appreciate the staffÔs e fair offer. Please let me know if you need me to give you a cal Thanks! Lisa Polster Innovative Transportation Solutions, Inc. 2701 Valley View Lane Farmers Branch, TX 75235 972-484-2525 (office) 972-814-3445 (cell) lpolster@itsinc-tx.com 3 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0310 Version:1 Name: Type:Minutes Status:Agenda Ready File created:6/27/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider approval of the minutes of: June 2, 2014 June 3, 2014 June 10, 2014 June 17, 2014 Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - June 2, 2014 MInutes Exhibit 2 - June 3, 2014 Minutes Exhibit 3 - June 10, 2014 Minutes Exhibit 4 - June 17, 2014 MInutes DateVer.Action ByActionResult Agenda Information Sheet SUBJECT Consider approval of the minutes of: June 2, 2014 June 3, 2014 June 10, 2014 June 17, 2014 City of DentonPage 1 of 1Printed on 7/11/2014 powered by Legistar" CITY OF DENTON CITY COUNCIL MINUTES JUNE 2, 2014 After determining in Open Session that a quorum was present, the City Council and Public Utilities Board of the City of Denton, Texas convened in a Closed Meeting on Monday, June 2, 2014 at 11:30 a.m. in the DME Engineering and Operations Conference Room.: PRESENT: Mayor Watts, Mayor Pro Tem Engelbrecht, Council Member Gregory, Council Member Johnson, Council Member Ryan and Council Member Roden. ABSENT: Council Member Hawkins 1.Closed Meeting: A.ID 14-0171 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation With Attorneys - Under Texas Government Code, Section 551.071. Receive further competitive public power, financial and commercial information from Denton Municipal Electric (“DME”) staff regarding the procurement, acquisition, integration and implementation of ERCOT Shadow Settlement Software in its Energy Management Organization relating to its power purchase operations, which includes bidding and pricing information for purchased power, generation and fuel, and Electric Reliability Council of Texas bids, prices, offers, and related services for purposes of supporting the Energy Management Organization of the Power Supply Administration of DME; discuss, deliberate, provide staff with direction, consider and take final action on the Master Customer Agreement and any and all ancillary Agreements pertaining thereto. Consultation with the City’s attorneys regarding legal issues associated with the above acquisition 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; Consider an ordinance of the City Council of the City of Denton, Texas providing for, authorizing, and approving the execution by the City Manager of a “Master Customer Agreement” by and between the City of Denton, Texas and Ventyx, Inc., a Delaware Corporation, further authorizing and approving the execution of such other ancillary and related documents, including without limitation, licensing agreements and statements of work related to the Master Customer Agreement by the City Manager or his designee, which are incident or related thereto; confirming and ratifying that the City of Denton, Texas, its Mayor, its City Council members, its City Manager, its City Attorney, and their respective designees, shall be authorized and empowered to perform such acts and obligations as are reasonably required to complete and consummate this transaction; ratifying and confirming all prior actions taken by the City Council in furtherance of this procurement; and determining that said agreements pertain to a “Competitive Electric Matter” as set forth under the provisions of §§551.086 and 552.133 of the Texas Government Code, as amended; finding and determining that the approval of this transaction in a closed meeting of the City Council is further authorized under Texas law; adopting significant recitations, findings and conclusions, as are set forth in the preamble of this ordinance; finding that the matter of approval of the Master Customer Agreement was posted as required by law and was duly considered in a closed meeting of the City Council on the 2nd day of June, 2014 by a quorum of the Denton City Council and City of Denton City Council Minutes June 2, 2014 Page 2 was duly approved by a vote taken in said closed meeting; providing that upon approval of the Ordinance, Master Customer Agreement and any and all ancillary agreements, by the City Council that the City Secretary is hereby authorized and directed to seal the said documents as Public Power documents, as provided by applicable Texas law; that this procurement is in the public welfare and is in the best interests of the ratepayers of Denton Municipal Electric; authorizing the expenditure of funds therefor; providing an effective date. B.ID 14-0173 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086 Receive a briefing and information from Denton Municipal Electric (“DME”) pertaining to certain competitive public power and financial issues regarding, and discuss pertaining to: (1) the City’s 21.3% ownership interest in Texas Municipal Power Agency (“TMPA”), the indebtedness due thereon, related planning and strategic issues regarding such ownership interest; (2) projections of future improvements to the generation requirements and probable resources of the DME System; (3) opportunities and strategies relating to selecting and acquiring ownership of future generation resources for the City in the foreseeable future; (4) discuss and deliberate opportunities and strategies for the City to acquire energy supplies to provide for its peak load by entering into certain agreements regarding the purchase of energy and ancillary services by its DME - Energy Risk Management Organization, in order to meet the future energy needs of the City; and discuss, deliberate, and provide Staff with direction regarding such matters. The Council returned to Open Session and with no further business, the meeting was adjourned. ________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS ________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 3, 2014 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 3, 2014 at 2:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Watts; Mayor Pro Tem Engelbrecht, Council Member Gregory, Council Member Hawkins, Council Member Johnson, Council Member Roden and Council Member Ryan ABSENT: None. 1. Citizen Comments on Consent Agenda Items There was no Citizen Comments on Consent Agenda items. 2. Requests for clarification of agenda items listed on the agenda for June 3, 2014. There were no requests for clarification from Council. 3. Work Session Reports A. ID 14-0174 - Receive a report, hold a discussion, and give staff direction regarding the creation of a Tax Increment Reinvestment Zone for the construction of a Hotel and Convention Center on approximately thirteen acres of land located along Interstate 35 on University of North Texas property. Aimee Bissett, Director of Economic Development, stated that the proposed TIRZ was for the convention center construction with construction bids due June 17th. The zone allowed other taxing entities to participate in the financing mechanism for the construction of the convention center only. It was important to know that the TIRZ was created and who would be participating before the determination of the feasibility of the financing. If the Zone was not feasible by all entities, Council would have the opportunity at a future date to get remove the TIRZ. David Pettit, Economic Development Consultant, stated that the purpose of the Zone was to facilitate the development of a full service hotel and convention center. The ordinance would establish the boundary, the term of the Zone, the City participate rate, TIRZ board makeup and preliminary project and financing plan. After creation, the preliminary project and financing plan would be separately considered by the TIRZ Board and City Council. The current condition of the property was vacant, undeveloped land owned by the University of North Texas. A taxable value analysis was conducted which examined comparable taxable values, taxing jurisdiction participation rates; TIRZ term and anticipated revenues to the TIRZ. The city of Denton would participate with 100% of its incremental real property tax revenue; potential Denton County participation would be 75% on its incremental real property tax revenue; and Denton ISD potential rate would be 75% on its incremental real property tax revenue. The term of the Zone would be a 30 year period with no revenue until at least 2017 and then only partial until stabilized. All anticipated new tax revenue generated during the life of the TIRZ was estimated at $27 million. Mayor Watts asked why it would take so long to get to $27 million. City of Denton City Council Minutes June 3, 2014 Page 2 Pettit stated that during the appraisal they would look at how much was completed and would not receive revenue until a full 16 months later. Any new project coming on line needed a stabilization period. The TIRZ revenue represented current assumptions of project build out and taxing jurisdiction participation. If less development was delivered or the other taxing jurisdiction participation was less, the TIRZ revenue will be less. The next steps for the creation included a public hearing and approval of the creation ordinance. Council Member Roden asked if the 15% educational discount was a set amount. Jon Fortune, Assistant City Manager, stated that 15% was an estimate at this time and was not definitely set. The amount would be unknown until the Appraisal District made a decision on the property value. Council Member Roden stated that the square footage for UNT would be set and then it would be up to appraisers to determine the value. Council Member Johnson asked if the creation of the TIRZ would limit the future use of the property in the zone. Pettit replied no, that it was about where the revenue went. Mayor Watts stated that the TIRZ was to help supplement rent payments. The development agreement indicated that the City had the right to terminate the agreement if the participation level was not acceptable. He asked if there was any idea what level would be needed. Fortune replied it would be a 75% level from the DISD and the County. Mayor Watts stated that in the future, if there was a deal killer in this kind of agreement, not to have it done at the end of the agreement rather than at the front end. He questioned if there had been preliminary discussions on a level of participation with the other entities. Fortune stated that there had not been any formal discussions at this point. Council Member Gregory stated that there were a lot of other triggers to not make the proposal move forward than just the participation amount with the TIRZ. Fortune stated that was correct. Council Member Ryan questioned the difference between 30 years versus 25 years for the term of the Zone. He questioned what the revenue would be used for if paid off in 25 years. Fortune stated that if there was any money left at the conclusion of the debt it would have to be used towards the TIRZ. Mayor Watts stated that there will be a point when all of the elements were worked through and a meeting where each entity would indicate whether they were in favor of moving forward. City of Denton City Council Minutes June 3, 2014 Page 3 Fortune stated that in December Council made the steps through the master agreement. The day the Council was ready to sell the bonds was when the project was a final yes for the City. Mayor Watts stated that the question was if the entities said yes to each step what happened when the process got to the end and then there were nos. Council Member Gregory stated that there were check points to make until the bonds were issued and there were several points where the process could be stopped from moving forward such as the construction costs being too high Council Member Roden felt it might be helpful to have metric points looking forward in the approval process. Mayor Pro Tem Engelbrecht felt that was important to be careful about referencing a decision regarding the conference center. For example in the strategic plan, there was a mention about using the convention center but it had not been approved yet. B. ID 14-0177 - Receive a report, hold a discussion, and give staff direction regarding Denton Plan and Denton Development Code amendments to allow for various land uses at the North Texas State Fairgrounds. Ron Menguita, Development Review Committee Administrator, stated that this was a request from the North Texas State Fairgrounds to find an option to allow the storage of vehicles independent of a primary use. Vehicles were being stored on the Fairgrounds in order to generate revenue for the Fairgrounds. Vehicles had been stored there in October 2011 and again in March 2014. The vehicles in March were from the Classic Cars dealership while a new facility was being constructed.Residents in the nearby subdivision complained about the storage of the vehicles, some very close to their property lines. The Fairgrounds would like to find a way to store vehicles there on a more permanent basis. Council Member Roden questioned what would be the need for long term storage of vehicles at the Fairgrounds. Menguita stated that they would like it as a revenue generator. Council Member Roden stated that there was an interesting context with this issue. Whether there would be a difference if a major manufacturer needed a location to store vehicles as opposed to an out-of-town dealer needing a location. Council Member Hawkins asked how many vehicles were currently at the location. Menguita stated there were about 40-45 vehicles varying from compact cars to trucks to large vans belonging to Classic Used Cars. Council Member Gregory asked when a vehicle was no longer considered parked but stored. Menguita stated that storage was defined as being stored for not for sale or immediate movement. There were different requirements for parking and for storage. City of Denton City Council Minutes June 3, 2014 Page 4 City Attorney Burgess stated that how long a car was parked before it was considered stored really was a question of time and purpose with regard for the reason the car was in the location. Council Member Hawkins stated that he noticed today that there were a lot of cars northeast of the church parking lot. Menguita stated that they probably had cars in two locations. He reviewed the zoning of the property and surrounding property. Staff had researched various options for Council to consider but only recommended that storage of vehicles be added to the list of land uses in Subchapter 35.5 and identify which zoning districts that this use would be permitted, not permitted, permitted with a specific use permit or permitted with a limitation. He reviewed the current list of zoning districts where such uses would be permitted and the zoning districts where storage of vehicles could potentially be located. Mayor Watts felt that the off-site location was one of determining factors. Menguita stated that the Fairgrounds was currently zoned NRMU and NRMU-12. The closest of the possible zoning districts for vehicle storage would be CM-G. Council Member Gregory asked if NRMU or CM-G were permitted to allow for rodeos. Menguita stated that rodeos were considered a major event entertainment category and NRMU did not allow it but CM-G did with an SUP. Council Member Gregory asked if that was the same for livestock shows. Menguita stated that there was no specific category for those. Council Member Gregory stated that the Fairgrounds had been operating out of compliance with the zoning for years and years. Menguita replied correct. He continued that assuming that a Denton Development Code amendment was approved to allow storage of vehicles in the CM-G, the Fairgrounds would need to apply for a Comprehensive Plan amendment to go from the existing land use to CM-G. This would create a non-conforming use as the DDC did not list fairgrounds as a land use in Subchapter 35.5. Council Member Gregory asked if it would be possible to change just part of the property zoning or zone with a SUP that would respect the residences to the north but allow for the uses that were happening for a long time. Menguita stated that the entire property would not have to be zoned; a portion of the property could be done. Mayor Pro Tem Engelbrecht stated that the third step would be a SUP. Menguita stated correct for the Major Event category. City of Denton City Council Minutes June 3, 2014 Page 5 Council Member Gregory asked if there would be a need for rezoning with the CM-G and associated SUP category or if there would be any unanticipated financial expenditures. Menguita stated that there would be no need for re-platting. There would only be application fees of about $2000 with $16 per acre. Staff did not recommend extending CM-G as it would be introducing a more intense land use that would not be compatible to the surrounding area. Council Member Roden stated that if the zoning remained the same, the Fairgrounds could keep on with its current activities and not be in violation. Menguita stated correct. Staff was also not recommending amending Subchapter 35.5 as such an amendment would allow Major Event Entertainment uses within all properties zoned CM-G throughout the City. Council Member Roden questioned why the issue was before Council at this point. John Cabrales, Assistant City Manager, stated that a majority of Council had contacted him and asked for a legal way to allow for this use. A notice of violation letter was pending against the Fairgrounds. The issue was coming from the direction from various council members to allow for storage use at that facility. Council Member Roden clarified that it was from a majority of previous Council. Cabrales replied correct. Council Member Johnson stated that the discussion was about zoning and what the Fairgrounds was doing now which did not conform to that zoning. The Fairgrounds was told that they could not store vehicle when they did not have a designation of parking. Mayor Pro Tem Engelbrecht stated that the community had built up around the Fairgrounds and staff worked with the community to accommodate the rodeo. The attempt was to keep it going at that location and yet live with the neighborhood. Now there was a new level of activity called storage which the neighborhood had not seen before. The neighborhood was concerned about the level of activity. Another issue if Peterbilt was to park there would be the amount of weight capacity for the property. It appeared to the neighbors that the activity was ramping up. Menguita stated that staff would have to expand its research to include other types of vehicles and vehicle weight. Council Member Roden questioned what direction was needed from Council. Cabrales stated that staff had presented options to consider to reach a direction to legally have the use on the property. The options presented would involve quite a bit of movement from the Planning Department to get that done. There was still a violation of the ordinance and the Fairgrounds would be sent a notice of violation. Council Member Gregory stated that the Fairgrounds had worked hard with the neighbors. He would like a resolution to this so that the Fairgrounds could continue to generate additional City of Denton City Council Minutes June 3, 2014 Page 6 revenue to realize the goal to move to a more appropriate location. He hoped a way could be found to not create an undue hardship on the neighborhoods. Council Member Hawkins asked if there had been complaints since the cars were moved to the southwest corner. Cabrales stated that the complaints came when the cars were parked on north side. The Fairgrounds had agreed to park the cars on the south side of the property and he was not aware that they were on the north side again. Mayor Pro Tem Engelbrecht proposed that staff host a neighborhood meeting to included Community Improvement Services, Planning and the Fairgrounds to discuss what was needed. Mayor Watts stated that staff did not want to extend CM-G further north for fear of inclusion with other uses. He was not as concerned as overlay conditions could be applied. He felt there were enough tools to tie down the zoning and still provide protection of the neighbors. He suggested using the current tools to find a way to craft the proposal. He requested an informal staff report on the Fairgrounds proposal to relocate to the north side of the City and not being able to do so due to the due the lack of utilities. He agreed with holding a meeting as noted and to use the tools available to get done what need to get done. Mayor Watts announced that Item E would be considered next. E. ID 14-0182 Receive a report, hold a discussion, and give staff direction regarding project recommendations from the Citizens Bond Advisory Committee for the November 2014 bond election. Randy Robinson, Co-Chair of the Bond Committee, reviewed the history of the establishment of the Citizens Bond Advisory Committee. Three subcommittees were formed to discuss the specific service areas of transportation (including drainage), public facilities and leisure services. Council requested that the Committee focus on the priorities of existing facilities, infrastructure, drainage improvements and the Downtown area. The Council also requested the Committee specifically consider including the reconstruction of Fire Stations No. 3 and No. 4 and $12 million for the reconstruction of city streets. The inclusion of new facilities, infrastructure and public art projects was also considered. The Committee solicited community feedback and held four community meetings, receiving 166 comments/suggestions through email, the website, phone or comment cards. The Committee recommended a $98 million bond program for the November 2014 election. Funding would be allocated among transportation at $61 million; drainage at $8.5 million; public safety at $16 million and parks at $11 million. Approximately $535,000 was planned for public art. The program assumed up to a 3 cent tax rate increase over the funding period. The tax rate estimate was based on an 8% growth for assessed values in 2014-15 and 4% growth thereafter. The tax rate impact would vary based on actual appraised values realized in each year. City of Denton City Council Minutes June 3, 2014 Page 7 Council Member Watts questioned when the taxes would be levied in the process – whether it would be all at once or staggered. Bryan Langley, Assistant City Manager, stated that the $19 million would be in 2014-15 so the tax rate would be the following year. Robinson continued with a review of street reconstruction which totaled $24 million. There was a priority list of projects for that amount of money. The projects for mobility improvements for $31.9 million, traffic for $5.7 million, drainage for $8.5 million, public safety facilities for $16.5 million and parks for $11.3 million were reviewed. Council Member Gregory asked about the police fire training facility. Robinson stated that facility had a large price tag and if Council wanted to increase the tax rate one cent over the proposed three cents, it might be possible to include it in the program. Projects for future consideration included the community market proposal, a Downtown parking garage, a visitor center, and a municipal complex space study/facilities plan. He presented the next steps for the election calendar moving towards the election date of November 4th. Council Member Roden thanked all of the members present who worked on the Bond Committee. He noted that the Splashpark found its way to a part of the recommendation. $200,000 had been allocated with possible matching funds but the recommendation did not require those matching funds. He questioned if it would be funded only if the matching funds were raised. Robinson replied correct that the matching funds were raised to help support the cost, then it would proceed. Council Member Roden questioned how the ballot options would look on the ballot and whether public art would be a separate proposition. He asked if the Committee had any specifics in terms of public art projects that the Committee recommended or a recommended level of funding. Robinson stated that non-infrastructure projects such as facilities and parks were eligible for a percentage of the funding. The art projects must be related the improvement projects. Council Member Roden asked if the recommendation included a prioritization of what year the projects were done. Robinson stated that it would be dependent on when the bonds could be issued and also the logistics of when the projects could be done. Council Member Gregory understood the issue of no public art for all projects and what to do with the police firing range. There was a limited amount of money and the issue was how to spend the money in the best manner. Langley stated that there could be some flexibility with the four propositions to be considered under the one for public safety improvements. Any public safety area could have art included as it was tied to the proposition areas. City of Denton City Council Minutes June 3, 2014 Page 8 Robinson stated that there was no separate proposition for public art. The Committee felt that they had identified an amount for public art and the funding for those eligible projects would be 2%. Mayor Watts questioned if the projects and amounts would be memorialized as opposed to broad categories listed on ballot. Langley stated that the proposition language and ordinance to call the election would have more details than what would be listed on the ballot. Item D was considered. D. ID 14-0215 Receive a report, hold a discussion and give staff direction regarding City Council committee nominations and City Council board appointments. Jennifer Walters, City Secretary, stated that members of Council serve on designated standing committees to assist with the development of policy. The committee assignments were reviewed annually to allow the opportunity to make adjustments if necessary. Any changes made to the committee assignments in the Work Session would be reflected in the regular meeting for Council formal consideration. Council discussed the assignments and made recommendations for changes. C. ID 14-0184 Receive a report, hold a discussion, and provide direction on proposed revisions to the City of Denton Strategic Plan. This item was not considered. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 14-0189 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential eminent domain proceedings against certain real property interests located in the S. McCracken Survey, Abstract Number 817, in the City of Denton, Denton County, Texas, being 2.912 acres and 0.040 acre tracts of land for electric easements, and being 1.160 acre and 0.048 acre tracts of land for temporary construction easements, all located generally north of Loop 288, along Sherman Drive, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines facilities and structures. Consultation with the City’s attorneys regarding legal issues associated with the potential proceedings against the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton City of Denton City Council Minutes June 3, 2014 Page 9 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel C6 - Tony A. Riley [ID 14-0186], and Parcel C7 - Sel Sherman Drive, LLC) [ID 14-0187] B. ID 14-0190 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential eminent domain proceedings against certain real property interests located in the T. Toby Survey, Abstract Number 1288, in the City of Denton, Denton County, Texas, being a fee interest in land, regarding a certain 2.493 acre tract of land located generally south of Beall Street and west of North Locust Street, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines facilities, and structures, as well as substations. Consultation with the City’s attorneys regarding legal issues associated with the potential proceedings against the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel C13 - North Locust Properties, LLC) [ID 14-0188] C. ID 14-0207 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of and potential eminent domain proceedings against certain real property interests located in the M. Forrest Survey, Abstract Number 417, in the City of Denton, Denton County, Texas, being a fee interest in land, regarding a certain 10.372 acre tract of land located generally north of Blagg Road and east of Geesling Road, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines facilities, structures, and substations. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of land potential eminent domain proceedings against the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Denton Municipal Electric Arco Substation Project) [ID14-0191] City of Denton City Council Minutes June 3, 2014 Page 10 D. ID 14-0172 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation With Attorneys - Under Texas Government Code, Section 551.071. Receive further competitive public power, financial and commercial information from Denton Municipal Electric ("DME") staff regarding the procurement, acquisition, integration and implementation of ERCOT Shadow Settlement Software in its Energy Management Organization relating to its power purchase operations, which includes bidding and pricing information for purchased power, generation and fuel, and Electric Reliability Council of Texas bids, prices, offers, and related services for purposes of supporting the Energy Management Organization of the Power Supply Administration of DME; discuss, deliberate, provide staff with direction, consider and take final action on the Master Customer Agreement and any and all ancillary Agreements pertaining thereto. Consultation with the City’s attorneys regarding legal issues associated with the above acquisition 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; Consider an ordinance of the City Council of the City of Denton, Texas providing for, authorizing, and approving the execution by the City Manager of a "Master Customer Agreement" by and between the City of Denton, Texas and Ventyx, Inc., a Delaware Corporation, further authorizing and approving the execution of such other ancillary and related documents, including without limitation, licensing agreements and statements of work related to the Master Customer Agreement by the City Manager or his designee, which are incident or related thereto; confirming and ratifying that the City of Denton, Texas, its Mayor, its City Council members, its City Manager, its City Attorney, and their respective designees, shall be authorized and empowered to perform such acts and obligations as are reasonably required to complete and consummate this transaction; ratifying and confirming all prior actions taken by the City Council in furtherance of this procurement; and determining that said agreements pertain to a "Competitive Electric Matter" as set forth under the provisions of §§551.086 and 552.133 of the Texas Government Code, as amended; finding and determining that the approval of this transaction in a closed meeting of the City Council is further authorized under Texas law; adopting significant recitations, findings and conclusions, as are set forth in the preamble of this ordinance; finding that the matter of approval of the Master Customer Agreement was posted as required by law and was duly considered in a closed meeting of the City Council on the 3rd day of June, 2014 by a quorum of the Denton City Council and was duly approved by a vote taken in said closed meeting; providing that upon approval of the Ordinance, Master Customer Agreement and any and all ancillary agreements, by the City Council that the City Secretary is hereby authorized and directed to seal the said documents as Public Power documents, as provided by applicable Texas law; that this procurement is in the public welfare and is in the best interests of the ratepayers of Denton Municipal Electric; authorizing the expenditure of funds therefor; providing an effective date. This item was not considered. City of Denton City Council Minutes June 3, 2014 Page 11 E. ID 14-0200 Consultation with Attorneys - Under Texas Government Code, Section 551.071. 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; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance; and legal matters associated with a citizen’s initiative regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. F. ID 14-0201 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City’s attorneys regarding legal issues regard to Item No. 3.B. of the June 3, 2014 Work Session Agenda, as it concerns legal issues associated with that item where a public discussion of this legal matter would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. This item was not considered. G. ID 14-0206 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the R. Longbottom Survey, Abstract Number 775, City of Denton, Denton County, Texas, and generally located on the east line of Virginia Street, north of U.S. Highway 380 (University Drive). Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P28 and P29 - Prescott Interests Ltd.) This item was not considered. 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. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. City of Denton City Council Minutes June 3, 2014 Page 12 2. ELECTION OF MAYOR PRO TEM Council Member Gregory motioned, Council Member Hawkins seconded to nominated Jim Engelbrecht as Mayor Pro Tem. On roll call vote, Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. 3.PROCLAMATIONS/PRESENTATIONS A. ID 14-0213 Resolution of Appreciation for Ross Chadwick Mayor Watts presented a Resolution of Appreciation for Ross Chadwick. 4. CITIZEN REPORTS There were no citizen reports for this portion of the agenda. 5.CONSENT AGENDA Council Member Roden noted that he would like to pull Item O for separate consideration. Council Member Roden motioned, Council Member Hawkins seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item O. On Roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 2014-149 A. ID 14-0160 Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Savant Group, Inc. for design and engineering services relating to the City of Denton Intelligent Transportation System (ITS) Trunk Lines project; and providing an effective date (File 5551-awarded to Savant Group, Inc. in a not-to-exceed amount of $152,548.52). Ordinance No. 2014-150 B. ID 14-0161 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the Pecan Creek Interceptor Phase II project; providing for the expenditure of funds therefor; and providing an effective date (Bid 5486-awarded to the lowest responsible bidder meeting specification, Speiss Construction Company, Inc. in the amount of $1,427,624). The Public Utilities Board recommends approval (6-0). City of Denton City Council Minutes June 3, 2014 Page 13 Ordinance No. 2014-151 C. ID 14-0162 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of replacement and repair parts for the Lake Ray Roberts Water Treatment Plant clarification equipment, which are available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5553 awarded to Brentwood Industries, Inc. in the not-to-exceed amount of $100,000). The Public Utilities Board recommends approval (6-0). Ordinance No, 2014-152 D. ID 14-0164 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for laboratory services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 5469-awarded to Ana-Lab Corporation in the three (3) year not-to-exceed amount of $190,000). The Public Utilities Board recommends approval (6-0). Ordinance No. 2014-153 E. ID 14-0165 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for Distribution Gang Operated Air Break (GOAB) Switches for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (RFP 5231-awarded to Stuart C. Irby in the three (3) year not-to-exceed amount of $187,395). Ordinance No. 2014-154 F. ID 14-0166 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for galvanized steel transmission poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5404-awarded to Valmont Newmark in the three (3) year not-to-exceed amount of $15,590,000). The Public Utilities Board recommends approval (6-0). Ordinance No. 2014-155 G. ID 14-0167 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for electric capacitor controllers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5297-awarded to Stuart C. Irby in the three (3) year not-to-exceed amount of $461,100). Ordinance No. 2014-156 H. ID 14-0168 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 five (5) Chevrolet half ton trucks for the City of Denton; and providing an effective date (File 5559 awarded to Caldwell Country in the amount of $126,871). The Public Utilities Board recommends approval (6-0). City of Denton City Council Minutes June 3, 2014 Page 14 Ordinance No. 2014-157 I. ID 14-0175 Consider adoption of an ordinance providing for the expenditure of funds for the emergency purchase of a Peterbilt Roll-Off Refuse Truck with Wastequip Hoist and Tarper in accordance with provisions of State law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 5560-awarded to Rush Truck Center, Crane in the amount of $174,419). Ordinance No. 2014-158 J. ID 14-0176 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from John Lenz, representing Chident Holdings, LLC, from the Downtown Reinvestment Grant Program not to exceed $25,000; and providing for an effective date. The Economic Development Partnership Board recommends approval 6-0. Ordinance No. 2014-159 K. ID 14-0179 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and the Collegiate Entrepreneurs’ Organization of the University of North Texas for reimbursement of costs associated with the TEDXUNT Event on April 26, 2014; authorizing and ratifying the expenditure of funds; and providing for an effective date. ($1,470) Ordinance No. 2014-160 L. ID 14-0180 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Purchase Agreement, by and between the City of Denton, Texas ("City"), as buyer, and Ken Hodge & Associates, Inc., a Texas corporation (the "Owner"), as seller, to acquire fee simple title to a 0.850 acre tract situated in the M.E.P. & P.R.R. Survey, Abstract No.1469, located in the City of Denton, Denton County, Texas, and being generally located in the 1300 block of North Mayhill Road; for the purchase price of One Hundred Twenty Thousand Eight Hundred Eighty Seven Dollars and No Cents ($120,887.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached hereto and made a part hereof as Exhibit "A", authorizing the expenditure of funds therefor; and providing an effective date. (Parcel M028, Ken Hodge & Associates, Inc. - Mayhill Road Widening and Improvements project) Ordinance No. 2014-161 M. ID 14-0181 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a Fourth Amendment to Right of Entry and possession, by and between the City of Denton ("City") and the Denton County Transportation Authority ("DCTA"), amending that certain right of entry and possession, between the City and DCTA, May 3, 2011, granting DCTA access to the Euline Brock Downtown Denton Transit Center ("DDTC) and certain lands surrounding the DDTC, located in the Hiram Sisco Survey, Abstract Number 1184, to conduct public transportation related operations; and providing an effective date. City of Denton City Council Minutes June 3, 2014 Page 15 Ordinance No. 2014-162 N. ID 14-0183 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Air Fair for the purpose of expenses for the Denton Air Fair; authorizing the expenditure of funds; and providing for an effective date. ($500) Resolution No. R2014-023 P. ID 14-0192 Consider approval of a resolution of the City of Denton, Texas certifying funding and support for the 2014 Transportation Alternatives Program application with the North Central Texas Council of Governments, authorizing the City Manager to submit an application to receive funding to implement a bike share program through the program and, if the grant is approved, to execute the grant agreement and take other actions necessary to implement the grant; and providing an effective date. Item O was considered. Ordinance No. 2014-163 O. ID 14-0185 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and SCRAP Denton for the purpose of capital needs; authorizing the expenditure of funds; and providing for an effective date. ($900) Council Member Gregory left the meeting with a conflict of interest. Council Member Hawkins motioned, Council Member Roden seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item O. On Roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. Council Member Gregory returned to the meeting. 6.ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS Ordinance No. 2014-164 A. ID 14-0186 Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain one permanent Electric Utility Easement and one Temporary Construction Easement encumbering 2.192 and 1.160 acres of land respectively; the permanent Electric Utility Easement to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (therein the ordinance as the " DME Expansion Project"); the Temporary Construction Easement to be used and utilized for the purpose of access, staging of materials and equipment, construction, and grading activities relating to the DME Expansion Project; the City of Denton City Council Minutes June 3, 2014 Page 16 affected lands and interests being generally situated in the S McCracken Survey, Abstract Number 817, City of Denton, Denton County, Texas, as more particularly described in Exhibits "A-1" and "A-2", and depicted in Exhibits "B-1" and "B-2", respectively, attached to the ordinance and made a part thereof (said tracts of land and all related interests therein to be acquired and damages resulting there from collectively referred to therein the ordinance as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel C6 - Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected property owner for the subject land rights were necessary for the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade project. The negotiations had reached an impasse. Approval of the subject ordinance authorized staff to acquire the land rights necessary by way of exercising the City’s eminent domain authority. Council Member Gregory motioned, Council Member Roden seconded: “I move that the City of Denton, Texas, authorize the use of the power of eminent domain to acquire (1) a permanent easement acquisition encumbering 2.912 acres of real property, and (2) a temporary construction easement acquisition encumbering 1.160 acres of real property, being generally located in the S. McCracken Survey, Abstract No. 817, and all being more particularly described in Exhibits “A-1” and “A-2” and depicted in Exhibits “B-1” and “B-2”, respectively, to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the DME Expansion Project in the City of Denton, Texas.” On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. Real property description is attached as Exhibit 1 to the minutes. Ordinance No. 2014-165 B. ID 14-0187 Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain one permanent Electric Utility Easement and one Temporary Construction Easement encumbering 0.040 and 0.048 acres of land respectively; the permanent Electric Utility Easement to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (therein the ordinance as the " DME Expansion Project"); the Temporary Construction Easement to be used and utilized for the purpose of access, staging of materials and equipment, construction, and grading activities relating to the DME Expansion Project; the affected lands and interests being generally situated in the S McCracken Survey, Abstract Number 817, City of Denton, Denton County, Texas, as more particularly described in Exhibits "A-1" and "A-2", and depicted in Exhibits "B-1" and "B-2", City of Denton City Council Minutes June 3, 2014 Page 17 respectively, attached to the ordinance and made a part thereof (said tracts of land and all related interests therein to be acquired and damages resulting there from collectively referred to therein the ordinance as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Parcel C7 - Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) Pamela England, Real Estate Specialist, presented the details of the proposal for eminent domain which was for the DME Expansion Project. Ongoing negotiations with the affected property owner had reached an impasse. Approval of the subject ordinance authorized staff to acquire the land rights necessary by way of exercising the City’s eminent domain authority. Council Member Hawkins motioned, Council Member Roden seconded: “I move that the City of Denton, Texas authorize the use of the power of eminent domain to acquire (1) a permanent easement acquisition encumbering 0.040 acres of real property, and (2) a temporary construction easement acquisition encumbering 0.048 acres of real property, being generally located in the S. McCracken Survey, Abstract N0. 817, and all being more particularly descried in Exhibits “A-1” and “A-2”, and depicted in Exhibits “B-1” and “B-2” respectively, to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the DME Expansion Project in the City of Denton, Texas.” On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. Real property description is attached as Exhibit 2 to the minutes. Ordinance No. 2014-166 C. ID 14-0188 Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain fee simple title to the surface estate, with waiver of surface use related to the mineral estate, of a 2.493 acre tract of land to be used and utilized for and in connection with the expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution lines, facilities, and structures (therein the ordinance, the "DME Expansion Project"); the affected lands and interests being generally situated in the T. Toby Survey, Abstract Number 1288, City of Denton, Denton County, Texas, as more particularly described and depicted in Exhibit "A", attached thereto the ordinance and made a part thereof (said tract of land and all related interests therein to be acquired and damages resulting there from collectively referred to therein the ordinance as the "Property Interests"); (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (V) providing an effective date. (Parcel C13 - Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project) City of Denton City Council Minutes June 3, 2014 Page 18 Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected property owner for the subject land rights necessary for the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade project had reached an impasse. Approval of the subject ordinance authorized staff to acquire the land rights necessary by way of exercising the City’s eminent domain authority. Council Member Johnson motioned, Council Member Roden seconded: “I move that the City of Denton, Texas authorize the use of the power of eminent domain to acquire a fee title estate to 2.493 acres of real property, being generally located in the T. Toby Survey, Abstract No. 1288, and all being more particularly described and depicted in Exhibit “A”, respectively, to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the DME Expansion Project in the City of Denton, Texas. This motion included the substituted legal description what was provided Council.” On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. Real property description is attached as Exhibit 3 to the minutes. Ordinance No. 2014-167 D. ID 14-0191 Consider adoption of an ordinance (I) finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain fee simple title to a 10.372 acre tract of land to be used and utilized for and in connection with expansion, construction, maintenance, replacement, augmentation, and improvement of electric transmission and distribution facilities, and structures; the affected land(s) and interest(s) being generally situated in the M. Forrest Survey, Abstract Number 417, City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" attached thereto the Ordinance and made a part thereof, located generally in the NW quadrant of the intersection of Geesling Road and Blagg Road (the "Property Interest") (II) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making findings; (V) providing a savings clause; and (VI) providing an effective date. (Denton Municipal Electric ARCO Substation Project) (The Public Utilities Board recommends approval 6-0) Galen Gillum, Executive Manager of Electric Administration, stated that the DME Capital Improvement Plan included the reconstruction of the Arco Substation. On January 13, 2014, the Public Utility Board and the City Council approved the proposed site selection. Further, the City Council approved the procurement of the site via purchase offer on April 1, 2014. Per these authorizations, the City had presented the initial and final offers to the property owner(s). DME has anticipated that it may be necessary to move forward with preparations for eminent domain proceedings in the event that negotiations to purchase fail. Mayor Pro Tem Engelbrecht motioned, Council Member Hawkins seconded to: City of Denton City Council Minutes June 3, 2014 Page 19 “I moved that the City of Denton, Texas authorize the use of the power of eminent domain to acquire a fee acquisition of 10.372 acres of real property, being generally located in the M. Forrest Survey, Abstract No. 417, all being more particularly described and depicted on Exhibits “A” and “B”, respectively, to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the DME expansion project in the City of Denton, Texas.” On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. Real property description is attached as Exhibit 4 to the minutes. 7.ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 14-0208 Receive Certification of an Initiative Petition regarding the banning of hydraulic fracturing in the city of Denton from the City Secretary and give staff direction. Jennifer Walters, City Secretary, stated that on May 7, 2014, members of a Committee of Petitioners submitted an initiative petition regarding the banning of hydraulic fracturing in the city of Denton. The required elements of the petition were reviewed, found to be sufficient and the petition was certified to be in compliance with the provisions of the City Charter. City Attorney Burgess stated that Section 4.07 of the Charter indicated whenever the Council received a certified petition from the City Secretary, the Council shall proceed at once to consider the petition. Further, the Council must take final action on an initiative ordinance within 60 days after certification of the petition to the City Council by the City Secretary. The Charter also detailed that the proposed initiative ordinance shall be read and provisions made for a public hearing regarding the proposed ordinance. The proposed ordinance would be sent to voters if Council did not pass the initiative ordinance or if Council passed an ordinance in a different form from the ordinance proposed in the petition. B. ID 14-0218 Consider appointments to Council Committees. The Council reviewed the list of appointments which was updated from the Work Session. Council Member Gregory motioned, Council Member Roden seconded to approve the appointments as submitted. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. 8. PUBLIC HEARINGS A. Z14-0007 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 2 (DR-2) zoning district classification and use designation to a Downtown City of Denton City Council Minutes June 3, 2014 Page 20 Commercial General (DC-G) zoning district classification and use designation; on approximately 0.184 acres, located on south side of West Oak Street approximately 104 feet west of the intersection of West Oak Street and Avenue B, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (6-0). Brian Lockley, Director of Planning and Development, presented the details of the CVS Pharmacy request. The property was located on south side of West Oak. He reviewed the current zoning, proposed zoning map, future land use map, site photos, and zoning district comparisons. This rezoning application was a condition of approval for V14-0001 and V14-0002; subdivision variances which were approved by the Planning and Zoning Commission on March 5, 2014. While commercial uses were permitted in the DR-2 district, they must comply with Limitation L(15) which limits retail uses to a maximum of 5,000 square feet of gross floor area. The proposed CVS Pharmacy will be 13,013 square feet in gross floor area. In addition, an approved rezoning would allow the proposed development to meet the minimum landscaping requirements, specifically the required 20 percent tree canopy coverage. The applicant held a neighborhood meeting on April 22, 2014 with two property owners in attendance. The concerns noted by the attendees were regarding the need for a fence between the subject site and the multifamily development located to the west. The Planning and Zoning Commission and the Development Review Committee recommend approval. Council Member Gregory asked if there was going to be a drive through. Lockley stated no. Council Member Roden asked about the hardship application that was requested. Lockley stated that the request for a hardship variance was to allow for a spacing requirement which did not meet code. This would allow changes in movement of vehicles for a different view and future development of the area, Council Member Roden asked if the hardship variance was requested as the development could not meet landscaping requirements Lockley stated that the developer wanted to provide a third access and the question was how to meet all of the requirements with landscaping, etc. if that were approved. Council Member Roden asked if Planning still had concerns with the proposal. Lockley stated that they were able to mitigate as best as possible with the development. He emphasized that this request was strictly for rezoning of the property with details of the project still needing to go the Planning and Zoning Commission for review. City Attorney Burgess asked about applying an overlay on the property. City of Denton City Council Minutes June 3, 2014 Page 21 Lockley stated that if there were done and the property did not develop there would be provisions in place that might not work for other types of development and would have to be redone. Council Member Roden questioned if this was something CVS needed for a third entry point. Lockley stated that it was more for efficiency if going west on West Oak a driver would not have to go down to Avenue B to access the property. Council Member Hawkins asked if CVS could revise the plans and add a drive through. Lockley stated that this proposal was as close as possible to be final as could be without pulling permits. The Mayor opened the public hearing. Chase Helm and William Scazzero, representing CVS, were in support and available for questions. Council Member Roden asked Helm why the drive was needed. Helm stated that it would make it easier to get into the CVS with the drive. Council Member Roden asked about the site plan. Helm stated that the plans were ready to go as shown. Council Member Johnson commented that in terms of walkability of the area, much of the pedestrian traffic from campus would be going northbound. As he looked at the site plan, westbound traffic on Oak would turn left on Avenue B with a right turn in which he felt most students would be walking. A left turn off Oak could reduce danger as a vehicle would have to go past the intersection. Mayor Watts asked Helm if there was the intention to have a drive through. Helm stated that there would be no drive through at this site. The Mayor closed the public hearing. Council discussed the pros and cons of the additional entrance and the use of a joint access with the neighboring property. The legal issue of doing this at this time was also discussed in addition to the possibility of adding a condition to the zoning. Mayor Pro Tem Engelbrecht motioned, Council Member Roden seconded to continue to a date th certain of June 17 to allow for a discussion of all options with the applicant for a shared access point on Oak Street with the understanding that some of the landscaping might have to be eliminated. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. City of Denton City Council Minutes June 3, 2014 Page 22 Ordinance No. 2014-168 B. Z14-0002 Hold a public hearing and consider adoption of an ordinance approving a rezoning of 2.98 acres from Neighborhood Residential Mixed Use (NRMU) zoning district to the Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with a mixed use residential protection overlay. The subject property is generally located on the west side of Teasley Lane, across from Ranchman Blvd., and is legally described as a 2.98 acre portion of a called 13.194 acre tract situated in the J. Fisher Survey, Abstract 0421a, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval (6-0) and stated their intent was to include the mixed use residential protection overlay conditions. Bryan Lockley, Director of Planning and Development, stated that the applicant was requesting to rezone the subject property to NRMU-12 to construct single family detached homes and/or townhomes. The subject tract was part of a larger property with two designated zoning districts of NRMU and NRMU-12. If approved, the developer would use this tract to connect two proposed residential subdivisions. He displayed the location map, future land use, site photos, zoning analysis, and location of area gas wells. Staff recommended a Mixed Use Residential Protection Overlay for the property which included notifications regarding the area gas wells to potential purchasers of the property. The Planning and Zoning Commission and the Development Review Committee recommended approval. Mayor Watts questioned if there were any plats filed with wells within 1200 feet of a residence. Lockley stated that there were two gas wells that were approved in the site plan process and no other gas wells within 1200 feet. Mayor Pro Tem Engelbrecht stated that the proposal had mentioned single family and senior housing. He questioned if there was any senior housing within 1200 feet of the gas wells. Lockley stated that everything would be outside that distance. The Mayor opened the public hearing. Thomas Fletcher, Kimley-Horn and Associates, spoke in favor of the proposal and noted that the proposed development was for single family homes only. Senior housing was not included in this proposal. The Mayor closed the public hearing. Council Member Hawkins motioned, Council Member Roden seconded to adopt the ordinance as written. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. City of Denton City Council Minutes June 3, 2014 Page 23 Ordinance No. 2014-169 C. Z13-0011 Hold a public hearing and consider adoption of an ordinance regarding a rezoning from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district, with an overlay restriction, on approximately 4.9 acres. The property is located at the northeastern corner of McKinney Street and Mockingbird Lane; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (Z13-0011) The Planning and Zoning Commission recommends approval (6-0) with overlay restriction. Bryan Lockley, Director of Planning and Development, presented the details of the proposed rezoning indicating that this proposal was for a City fire station on the corner of McKinney and Mockingbird. He reviewed the location map of the property, the zoning map, proposed zoning map, future land use map, and public notification map. The rezoning was subject to an overlay condition that the property could only be used for a fire station with no other uses allowed. The Planning and Zoning Commission and the Development Review Committee recommended approval. Council Member Roden stated that some comments from those opposed to the proposal stated that they were concerned about apartments being built there. He questioned what the notice said that made people think apartments would be there. Lockley stated that those types of comments were typical when the list of permitted uses was presented. In order to eliminate those concerns, the restriction of only allowing a fire station was added. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Roden motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. 9. CITIZEN REPORTS There were no citizen reports for this section of the agenda. 10. 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 City of Denton City Council Minutes June 3, 2014 Page 24 reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Council Member Roden requested an update on the smoking ordinance. Mayor Watts requested the following: Consider adding the Black Chamber of Commerce and Hispanic Chamber of Commerce as EDP Board members Discussion on tax incentive policy and associated wage level Consider the creation of recruitment teams to promote Denton Consider setting a goal for EDP and Council on how many new jobs were wanted in Denton at what wage level Consider increasing the public comment time in public hearings to 5 minutes Discussion on the letter of support from the HLC on a historic marker for CH West Hold a Work Session/report from Finance on a way to determine costs per capita as the city grows to plan for revenue generation – based on number of people per services provided such as police and fire Informal Staff Report or Work Session on timelines for the development process- summary form of the process Work Session on a reporting mechanism for each development application and where the application was in the process Work Session on the tree code – either a report from the Committee on the Environment or a report on the status of the tree code, where the impasse was, how to get it moving. Also how developers can pay into tree code and receive credit for trees planted later in the development. Mayor Watts noted that there was one Work Session item that had not been considered and two Closed Meeting items. He asked Council for their preference on doing those items now or postponing them. Consensus of the Council was to not consider the items. With no further business, the meeting was adjourned at 9:00 p.m. City of Denton City Council Minutes June 3, 2014 Page 25 __________________________ _________________________ CHRIS WATTS JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 10, 2014 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 10, 2014 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Watts; Mayor Pro Tem Engelbrecht, Council Member Gregory, Council Member Hawkins, Council Member Roden, and Council Member Ryan ABSENT: Council Member Johnson 1. Work Session Reports A. ID 14-0227 - Receive a report and hold a discussion regarding City of Denton innovation initiatives including suggested project ideas from the City’s 2014 Leadership Excellence and Enhancement Program (LEEP). City Manager Campbell stated that this was a city-wide effort to involve employees on how tasks were done in the city and how to do them more efficiently. Carla Romine-Haggmark, Director of Human Services, stated that over the past year, the City had engaged in a number of activities to encourage innovation, improve efficiency, and promote effectiveness in the organization. The first program was the Employee Innovation Program designed to encourage the submission of ideas by employees which could be used to improve city operations. This program offered incentives and recognition to encourage staff to suggest improvements which could have a meaningful impact on improving a program, services and/or process in order to create a new value for the community. The second program was the Lean Government management model that worked to ensure that services were provided in the most efficient and economical way and that waste was minimized or eliminated. The third program, the Leadership Excellence and Enhancement Program (LEEP) was partnered with the University of North Texas to implement an on-going leadership development program. The purpose of this program was to provide a formal program for developing leadership and management competencies in employees and to provide a project task group to examine specific issues facing the City and consider alternative and innovative ways to solve challenges. Council Member Roden asked if the Innovation Program was different from the LEEP group. Romine-Haggmark replied correct. Council Member Roden stated that anyone in City could enter into the Innovation Program. Romine-Haggmark replied correct but directors and above would not get incentives. Pamela England, Engineering and Real Estate, presented the "Destination Denton?" program. The issue for the program involved right-of-way maintenance in terms of neglected or unmaintained right-of-way; who was the responsible party for the maintenance; frequency of maintenance; inadequate standards and lack of collaboration. The project approach included assessing the issue, indentifying resources, defining project scope and providing solutions. Desired project outcomes included viable options, funding mechanisms, clean and attractive entryways, and commercial corridors. City of Denton City Council Minutes June 10, 2014 Page 2 Council discussed whether there was proactive "Adopt a Spot" in Denton, and the mowing schedule for public rights-of-way. Vernell Dooley, Police Department, presented the “Catching Fire: The Spark to Ignite Organizational Excellence” program. He stated that the discussion would center of the Strategic Plan and Project Focus, appraisal versus development, and scope and deliverables. He reviewed Key Focus Area 1 – Organizational Excellence- and the objectives associated with that Focus Area. The difference between appraisal and development in employees was noted. Keys to success of such a program involved making it simple, making it a collaborative process, emphasizing accountability and ownership and being executive champions. Council discussed whether a new evaluation process would be required, where the City was in the cultural aspect of the program, what Council could do to encourage innovation and what did Council do to stifle it. Additional discussions center on the parameters of the programs, the partnering with UNT, and whether the goals were internal or external for improved service. Council thanked all of the employees for their vision and the proposals presented. B. ID 14-0223 Receive a report and hold a discussion regarding Ethics matters impacting municipal elected officials, including Ethics provisions unique to the City of Denton. City Attorney Burgess presented information on Ethics matters. She reviewed provisions of law relative to ethics, conflict of interest provisions, misuse of official information, gifts to public servants, bribery, abuse of official capacity, Council discussion on ethics of appointing board and commission members, employment at various institutions, and an ethic ordinance versus an ethics resolution. Council Member Roden suggested that the Ethics Committee could help clarify the pathway for expressing an ethical problem including what the public could do. C. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council did not have any items. City of Denton City Council Minutes June 10, 2014 Page 3 Following the completion of the 2nd Tuesday Session, the City Council convene in a Closed Meeting at 5:18 p.m. to consider specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 14-0214 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. 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, located in the 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. (Mayhill Road Widening and Improvements Project & Municipal Landfill: Parcel M139 - Robert Donnelly) B. ID 14-0219 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M.E.P. & P.R.R. Survey, Abstract No. 927, City of Denton, Denton County, Texas, and generally located generally on the west line of North Loop 288, north of Paisley Street. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P21 & P22 - Singing Oaks Church of Christ) [ID14-0220] C. ID 14-0263 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the 100 and in the 300 block of East McKinney Street, City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of City of Denton City Council Minutes June 10, 2014 Page 4 Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. D. ID 14-0264 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Deliberations regarding Consultation with the City Attorney - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code, Section 551.087. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the sale of real property interests located in the 200 block of West McKinney Street, in the City of Denton, Denton, Texas. Receive a report and hold a discussion regarding legal and economic development issues regarding economic development incentives for a business prospect in the Downtown TIF. This discussion shall include commercial and financial information the City Council may receive from the business owners which the City seeks to have locate, stay, or expand in or near the territory of the City, and with which the City Council is conducting economic development negotiations, including the offer of financial or other incentives. Also hold a discussion with the City’s attorneys on the referenced topic where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Following the completion of the Closed Meeting, the Council convened in a Special Called Session to consider the following: Ordinance No. 2014-170 ID 14-0220 Consider adoption of an ordinance of the City of Denton, Texas A. authorizing the City Manager, or his designee, to execute the Easement Purchase Agreement (therein so called), as attached to the ordinance and made a part thereof as Attachment 1, by and between Singing Oaks Church of Christ of Denton, a Texas Nonprofit Corporation (the "Owner"), and the City of Denton (the "City"), regarding the sale by Owner and purchase by the City of two Electric Utility Easements encumbering a 3.5624 and a 2.0203 acre tract of land, and a Temporary Construction Easement encumbering a 1.1283 acre tract of land (the "Property Interests"), being generally situated in the M.E.P. & P.R.R. Survey, Abstract No. 927, City of Denton, Denton County, Texas more particularly described in Exhibits "A-1", "A-2", and "A- 3", and Depicted in Exhibits "B-1", "B-2", and "B-3", respectively; the electric Utility Easements to be used and utilized for the public use of expansion, construction, maintenance, augmentation, operation, and improvement of Electric Transmission and Distribution lines, facilities, and structures, and the Temporary Construction Easement to be used and utilized for the purpose of access, staging of materials and equipment, construction and grading activities relating to the DME Expansion project (therein the "DME Expansion Project"), for the purchase price of Seven Hundred Twenty Five Thousand Dollars and No Cents ($725,000.00), authorizing the expenditure of funds therefor; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P21 & P22 - Singing Oaks Church of Christ) City of Denton City Council Minutes June 10, 2014 Page 5 Council Member Gregory motioned, Mayor Pro Tem Engelbrecht seconded to adopt the ordinance. On roll call vote, Mayor Watts "aye", Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Roden “aye”, and Council Member Ryan “aye”. Motion carried unanimously. Ordinance No. 2014-171 B. ID 14-0265 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale by and between Dr. Edward F. Wolski, as owner, and the City of Denton, Texas, as buyer, to acquire fee simple to a 10.070- acre tract located in the J.S. Collard Survey, Abstract No. 297, in the City of Denton, Denton County, Texas, generally located north of Riney Road and east of Bonnie Brae Drive, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, as well as substations, for the purchase price of One Million Two Hundred Fifty Eight Thousand Nine Hundred Twenty Three Dollars and Twenty Cents ($1,258,923.20), and other consideration, as prescribed in the Contract of Sale as described in the ordinance as attached as Exhibit One; authorizing the expenditure of funds therefor; and providing an effective date. Council Member Roden motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Mayor Watts "aye", Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Roden “aye”, Council Member Hawkins “aye” and Council Member Ryan “aye”. Motion carried unanimously. Resolution No. R2014-024 C. ID 14-0266 Consider approval of a resolution confirming the appointment of Ross Chadwick as Interim Fire Chief of the City of Denton Fire Department; and declaring an effective date. Mayor Pro Tem Engelbrecht motioned, Council Member Roden seconded to approve the resolution. On roll call vote, Mayor Watts "aye", Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Roden “aye”, Council Member Hawkins “aye” and Council Member Ryan “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 7:20 p.m. ________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 17, 2014 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 17, 2014 at 2:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Watts; Mayor Pro Tem Engelbrecht, Council Member Gregory, Council Member Hawkins, Council Member Roden, and Council Member Ryan ABSENT: Council Member Johnson 1. Citizen Comments on Consent Agenda Items There were no comments from citizens. 2. Requests for clarification of agenda items listed on the agenda for June 17, 2014. Council Member Ryan questioned the financials for Consent Agenda Item N. He felt the numbers did not add up correctly with no signed agreement from UNT. Frank Payne, City Engineer, stated that typically when working with another agency and in the interest of time to get this project started before the fall semester, the funding was finalized after approval of the project by the involved entities. Staff was working with UNT to obtain a letter of agreement. Mayor Pro Tem Engelbrecht asked if this project would alleviate the sewer problems at the Wesley Center due to the line being too small. Payne replied that was not included in this project. Council Member Hawkins asked about Consent Agenda Item G and the number of allowed change orders to a project. Chuck Springer, Director of Finance, stated that State law allowed a 25% change in the total agreement without rebidding. Any change order over $50,000 had to come to Council. Council Member Johnson arrived at the meeting. Council Member Roden questioned how parking would be enforced at night in conjunction with Consent Agenda Item J. Lee Howell, Police Chief, stated that after hours the parking enforcement went to the normal patrol officers on duty at the time. Council Member Roden suggested that initially this area should be targeted to keep the enforcement of the parking restriction. Mayor Pro Tem Engelbrecht stated that he was considering pulling Consent Agenda Item E for separate consideration but wanted to know consensus of Council. Council was in agreement to pull Consent Agenda Item E for separate consideration. 3. Work Session Reports City of Denton City Council Minutes June 17, 2014 Page 2 A. ID 14-0184 Receive a report, hold a discussion, and provide direction on proposed revisions to the City of Denton Strategic Plan. Bryan Langley, Assistant City Manager, presented the update on the strategic plan. He reviewed the 2013-14 Key Focus Areas of (1) organizational excellence, (2) public infrastructure, (3) sustainable economic development and environmental stewardship, (4) safe, livable, and family friendly community and (5) partnerships and regional leadership. Strategic Plan Issues/Current Needs – the Strategic Plan was originally created in April 2011 and needed to be updated to reflect accomplishments and new priorities. A Comprehensive Plan discussion and input needed to be incorporated into the revised strategic plan. KFA3 was overly broad and lacked specificity. A separate KFA was proposed for economic development to increase focus on this activity. A separate KFA was also proposed for Sustainability. This KFA would incorporate elements from the Council approved sustainability plan. A separate goal in KFA 4 was proposed for Library, Parks and Leisure Services. KFA 5 would be eliminated and incorporated into other goals. This was because this KFA was closely related to other KFAs in the Stretegic Plan plus performance measures were difficult to identify and track. Proposed Strategic Plan revisions by KFA and goal – In KFA 1 (Organizational Excellence) a goal to collaborate with local, regional, state, and federal partners would be added. KFA 2 would not have any changes to the goals. It was recommended to remove the current KFA 3 from the plan. A new KFA 3 for Economic Development would be added with goals to (1) develop targeted policies and incentives to achieve desired economic growth, (2) make Denton a Destination for Visitors, (3) promote a business-friendly environment and (4) encourage development redevelopment, recruitment and retention. Council Member Roden asked how fluid was the document and how would it change as it moved forward. Langley stated that Council could amend the document at any time it desired. This was a general start for the goal. Council Member Gregory stated that he was trying to look into a more detailed objective and where to address the revisions to the Denton Development Code with redevelopment and a discussion about form based code. He questioned if that was too detailed to make the list. Langley stated that Goal 3.3 was to maintain a timely and efficient development review process. That wording could be more specific if Council wanted. Council Member Gregory felt that the discussion about form based code would be lengthy. A discussion was also needed regarding development time frames and the fact that small developments or remodeling might take as long to get through the development process as a large Greenfield development. He felt there might be a need for an "express" development process for smaller developments. City of Denton City Council Minutes June 17, 2014 Page 3 Langley stated that at the January Council retreat there were discussions about elements for development and specificity for smaller developments. Form based code could be added to the area for specific outcomes. Council Member Ryan questioned why the wording for “protected structures” was removed. Langley stated that comments through the Comprehensive Plan processes captured in some way how to retain historical features. It was a broader statement. Council Member Ryan requested that the old language be put back in regarding structures and culture. Langley stated the language would be restored. He continued with the key objectives for KFA 3 – Economic Development. Council Member Johnson asked about the multi-family ratio to single family offerings and whether there was a limit on the amount of multi-family or if it was based on multi-family demand. Lockley stated that the goal was where to have rented vs owner-occupied homes and the incentives to achieve the goal. Council Member Johnson stated if that was the case, then there was a need in part of the process to make sure there were no unintended consequences. An example would be if there was a change in the requirement for street thickness and what kind of impact that would be on a single- family developer. Such a consequence might increase the cost of the home and cause a developer not to build in Denton. He also expressed a challenge with the Strategic Plan to celebrate small victories and not to wait until a large plan was done. Lockley stated that this was meant to be a high level plan for the organization. Each department was also working on their own individual strategic plan that tied back into the larger plan. That would be a way to get to those small victories. Council Member Roden stated that this was also something that citizens could know about for a yearly process. He felt there was some tension in terms of growth and preferred growth concept. He also felt the market was changing in terms of homeownership and how that extended throughout the city. Council discussed the concept of ratio of rental/homeownership and how that ratio was determined. This concept could be a topic for a future Council planning session. Staff was working on a history of trends for the past ten years and what other university-type communities had. It was noted to separate out student housing/multi-bedroom complexes which were different from standard apartments. Langley continued with KFA 4 changes which would add a goal to provide outstanding leisure, cultural and educational opportunities. City of Denton City Council Minutes June 17, 2014 Page 4 Council Member Roden stated that he did not see a mention of programs such as the Neighborhood Empowerment Grant and the Better Block program in any of the objectives. Not so much in terms of what the City would provide but what the neighborhoods would do. He felt that language was important. Goal 4.4 reflected the wording "provide" which might not be appropriate and suggested “provide and support” which would reflect what was happening with some of the neighborhood programs. Council Member Gregory felt that Goal 4.4 was geared towards libraries and parks but 4.4.3 did not go far enough in promoting healthy lifestyles through healthy living which went back to other areas for walking and biking. In a future retreat Council might think about the broader notion on how to promote healthy living with parks a major player but not the only one. Langley stated that the current KFA 5 would be eliminated and a new KFA 5 would be developed for sustainability and environmental stewardship. He reviewed the goals under that focus area. Key Outcomes and Tasks for 2015 would include (1) develop a financial plan to maintain reserves in accordance with policy requirements over the five year financial forecast, (2) utilize the Leadership Excellence and Enhancement Program, Innovation Program and Lean Government initiatives to improve the cost effectiveness, efficiency and productivity for city operations, (3) develop a financial plan to achieve a desired level of funding for street maintenance activities within specific timelines, (4) begin construction of projects identified by the Citizens Bond Advisory Committee and approved by the voters, (5) construct required electric system infrastructure to meet future growth and developments for DME, (6) continue implementation of a bicycle mobility plan, (7) begin implementation of the Preferred Growth Concept for comprehensive plan, (8) continue construction of a convention center in cooperation with UNT and O’Reilly Hospitality Management, (9) develop specific economic development strategies and incentives to achieve goals articulated in the strategic plan, (10) complete reconstruction of Fire Stations 2 and begin work to reconstruct Stations 3 and 4, (11) complete rehabilitation of Lake Lewisville water treatment plant, (12) begin the process of developing a municipal setting designation for the downtown area and (13) identify and prioritize Green House gas emission reduction strategies Council Member Roden stated that looking at where other cities were going; he saw social endeavors such as pre-K, etc. He knew that Denton had some social programs but none of those programs were addressed in the Strategic Plan. He suggested adding those to the plan for future years. Langley stated that the next steps in the process were to refine performance measures to better reflect the key outcomes desired. In July a draft of the revised Strategic Plan would be presented to Council as part of the budget process. In September Council would consider the adoption of a new Strategic Plan for 2014-15. Council Member Gregory stated that it was important to see that developing a budget worked with goals set in a Strategic Plan. He felt it guided staff so when there was a question staff did not know how to address there was a goal and would know how to proceed. City of Denton City Council Minutes June 17, 2014 Page 5 Council Member Johnson stated that the Strategic Plan was a cultural statement. It was what the City was about and the goals underneath the point to the goals and behaviors at the staff level. The trick was to communicate that to citizens so that when behaviors don't match, there was a plan to fix it. The challenge was to take the overriding plan and take it down to the staff level to show what behaviors/ actions would be. Council Member Roden felt that at times there was not enough thought organizationally with the look of current boards and commissions in terms of options on how to get where they wanted to go, changes that needed to be made in the future and properly bringing on board with the missions on where they were heading. B. ID 14-0225 Receive a report, hold a discussion and give staff direction regarding the design and construction of a west side runway at Denton Enterprise Airport. [ID 14- 0222] Quentin Hix, Director of Aviation, reviewed the details concerning the west side runway grant. The mix of aircraft from small, propeller training models to much faster corporate jets made a second runway an important safety issue regarding flight paths and operating speed on a single runway. TxDOT Aviation offered the City a grant to fund design and construction of a second runway. The grant offer was $6,980,000 with a cost sharing basis of 85% ($5,954,250) from TxDOT Aviation and 15% ($1,025,750) local funding. Once the design phase was completed, the construction phase would recommend a 5000 long, 100 foot wide runway to accommodate large aircraft. Mayor Watts asked if the money towards the City's portion would be bonds to reimburse the airport fund for the cash expended or reduce the amount of Certificates of Obligation needed. Hix stated that the $425,000 for the engineering study was currently covered with approved line items in this year’s budget which would be funding from the Airport Fund. Whatever was spent prior to receiving the grant would reduce the amount of Certificate of Obligation funding needed in the future. Mayor Watts stated that one goal over the years was to have more cash funding and wondered if it would be more beneficial to have that kind of approach rather than debt funding. Chuck Springer, Director of Finance, stated that Certificates of Obligation and the issuance of debt had restrictions as a private activity so while the runway was open to the public if a facility was built for a specific business, it could not be done unless approved by voters. Cash could be used for those activities that might not be able to be used with other activities. C. ID 14-0245 Receive a report, hold a discussion, and give staff direction regarding the preliminary FY 2014-15 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. Chuck Springer, Director of Finance, presented the budget discussion. Budgetary themes this year were to continue on course to balance General Fund revenue and expenses; maintain a competitive compensation plan; consider limited funding to address General Fund growth needs; continue street maintenance expansion, utility infrastructure replacement and expansion; manage City of Denton City Council Minutes June 17, 2014 Page 6 TMPA debt requirements in electric utility. He presented the assumptions for General Fund projections and the compensation and benefits assumptions. Council Member Gregory stated that he would like to see what the document looked like five years ago in terms of projections. Council discussed the assumed projections for the assessed value increases which were projected to be 8% in 2014-15 and 4% in 2015-16 and beyond and which figures to use when budgeting. Council Member Roden commented that the last couple of year’s growth in sales tax had not been super encouraging in terms of growth especially when looking at new development coming on line. He questioned why there was not a larger increase in sales tax growth. Springer felt it was bounce back from the recession a couple of years ago. Sales tax was historically driven by population and the amount of spendable money for that population. He continued with the budget development for the General Fund which looked at Council priorities and requests. The General Fund departments had requested supplemental packages totaling approximately $5.4 million with baseline adjustment requests totaling $378,000. There was limited capacity for additional funding and departments were asked to submit potential reduction/revenue enhancements of 5% over a three year time. Efficiency/Service efforts and budget transparency were reviewed as well as projections for the Street Improvement Fund. Council Member Roden felt there was a need to get to a point where the bar was raised to work on fixing the street improvement problem. Mayor Watts stated that as he looked back historically there were similar street reports that were not much better than now. Progress had been made from the past and he was encouraged with the numbers. Springer stated that additional Street Maintenance funding was underway with all growth in franchise fee revenues being dedicated to street maintenance funding. Proposed increases in General Obligation bond funding and adoption of street impact fees were suggested. Additional alternatives included dedicated street maintenance fees, dedicated property tax increase or additional funding from the General Fund through reduction of current programs. Council Member Roden asked about the progress of street impact fees. Jim Coulter, General Manager-Water Administration, stated that staff was continuing to look at the fee with a lot of detail included in the project. It would be brought back to Council in the future but staff was not quite ready. Council Member Gregory felt that there was a need to be cautious with a street impact fee for new improvement being built in terms of what other cities were doing. Impact fees were another cost and if that cost could not be recouped in the rent, the development might go to another city. Springer reviewed the Electric Utility, Water Utility, Wastewater Utility, and Solid Waste and Recycling funds in terms of budget focus, associated projects and proposed rate increases. He also presented the Debt Service Fund and General CIP fund projections. City of Denton City Council Minutes June 17, 2014 Page 7 Council Member Gregory requested an Informal Staff Report on how the City was dealing with zebra mussels. At the next budget discussion he would also like a report on the total picture increases in each utility fund to see the total picture on how it would affect the average homeowner’s utility bill. Springer stated that the next step in the budget process would be a half day budget workshop on stth July 31. The budget would be formally adopted on September 6. Council Member Johnson stated that a challenge was how to get businesses open faster which would help with the bottom line to get more revenue faster. D. ID 14-0259 Receive a report, hold a discussion, and give staff direction regarding the creation of a Tax Increment Reinvestment Zone for the construction of a Hotel and Convention Center on approximately thirteen acres of land located along Interstate 35 on University of North Texas property. [ID 14-0209] City Manager Campbell stated that this item was on the Work Session if Council had any questions. There was a public hearing scheduled on the item at the regular session. Mayor Watts stated that there was statutory language for the creation of a TIRZ. This proposed TIRZ was on University land and commercial development could not be developed immediately adjacent to it. He questioned how it fit into a TIRZ. David Pettit, Economic Development Consultant, reviewed the criteria to establish TIRZ which the Council needed to determine. Currently there was no tax revenue from the land as the University owned the land. The assumption was that the land would not be developed without the creation of the TIRZ. He reviewed Attorney General Opinions regarding the creation of a TIRZ. The determination on whether the area was unproductive, underdeveloped, or blighted was a question of fact which the governing body would have to determine. Council Member Roden questioned where a challenge to the ability to create TIRZ would come from. Pettit stated it would be from a taxpayer group. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 4:35 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 14-0193 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County, Texas, and generally located northwest corner of State City of Denton City Council Minutes June 17, 2014 Page 8 Highway Loop 288 and Audra Lane. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P26 - Geesling Gassaway County, Inc.) [ID 14-0195] B. ID 14-0196 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the Caswell Carter Survey, Abstract Number 275, and in the Daniel P. Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas, and generally located on the west line of North Loop 288, north of US Highway 380 (University Drive). Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P33 - Edward F. Wolski) [ID 14-0197] C. ID 14-0198 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the Daniel P. Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas, and generally located generally on the west line of North Loop 288, south of Kings Row. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project Parcel P35 - Kim Property Revocable Living Trust) [ID 14-0199] D. ID 14-0203 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the S. McCracken Survey, Abstract Number 817, City of Denton, City of Denton City Council Minutes June 17, 2014 Page 9 Denton County, Texas, and generally located on the north east corner of N Loop 288 and Stuart Road. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel C9 - Stuart Property Trust, Sherman County Inc., a Nevada Corporation, as Trustee and Edward F. Wolski, a married man) [ID 14-0202] E. ID 14-0254 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas, located generally in the 1300 block of North Mayhill Road, in the 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 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 proceedings or potential litigation. (Mayhill Road Widening and Improvements Project: Parcel M026 - Habib Pyarali Arab) [ID 14-0251] F. ID 14-0257 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas, located generally in the 1300 block of North Mayhill Road, in the 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 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 proceedings or potential litigation. (Mayhill Road Widening and Improvements Project: Parcel M029 - JNJ Prominence Square, LP) [ID 14-0253] G. ID 14-0258 Deliberations regarding Consultation with the City Attorney - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code, Section 551.087. Receive a report and hold a discussion regarding legal and economic development issues regarding proposed amendments to the economic development incentive City of Denton City Council Minutes June 17, 2014 Page 10 agreement for Golden Triangle Mall. This discussion shall include commercial and financial information the City Council has received from Golden Triangle Mall owners which the City seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. [ID 14-0255] H. ID 14-0267 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071 Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the W. Roark Survey, Abstract No. 1087, J. Severe Survey, Abstract 1164, B.B.B. & C.R.R. Co. Survey, Abstract No.196 and the J. W. Withers Survey, Abstract No. 1343, all in Denton County, Texas, generally located along a line running west to east, commencing at U.S. Highway 377 adjacent to the Fort Worth Drive Substation and continuing to the west right of way line of F. M. 1830 City of Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Denton Municipal Electric Fort Worth T1 Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms Ltd.)[ID 14- 0268] I. ID 14-0269 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the M.E.P. & P.R.R. Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, and being generally in the 1000 block of South Mayhill Road. 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. (Mayhill Road Widening and Improvements Project: Parcel M100 - Estate of Eliza F. Duncan, deceased) [ID 14-0270] J. ID 14-0243 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, City of Denton City Council Minutes June 17, 2014 Page 11 Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas, located generally in the 500 block of North Mayhill Road, in the 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 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 proceedings or potential litigation. (Mayhill Road Widening and Improvements project: Parcel 70 - 551 Mayhill Joint Venture) [No Action Item on Regular Agenda] K. ID 14-0242 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the A. Tompkins Survey, Abstract Number 1246, Denton County, Texas, located generally in the 1800 block of South Bonnie Brae Street, in the 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 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 proceedings or potential litigation. (Bonnie Brae Street Widening and Improvements project: Parcel 18 - Thomas) [No Action Item on Regular Agenda] L. ID 14-0262 Consultation with Attorneys - Under Texas Government Code, Section 552.071. 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; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance; and legal matters associated with a citizen’s initiative regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. M. ID 14-0274 Consultation with Attorneys - Under Texas Government Code, Section 552.071. Consult with City’s attorneys regarding litigation styled Shaklee v. City of Denton, Cause No. 2013-20132-158, currently pending in the 158th District Court, Denton County, Texas where public discussion of these legal matters would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton City Council Minutes June 17, 2014 Page 12 N. ID 14-0279 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Deliberations regarding Consultation with the City Attorney - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code, Section 551.087. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the sale of real property interests located in the M. Forrest Survey, Abstract Number 417, in the City of Denton, Denton County, Texas. Receive a report and hold a discussion regarding negotiations for a potential transaction. This discussion shall include commercial and financial information the City Council may receive from the property owners which the City seeks for the public use of expansion, construction, maintenance, replacement, operation, augmentation and improvement of electric transmission and distribution lines, facilities and structures, as well as substations, (herein the "DME Expansion Project"). Also hold a discussion with the City’s attorneys on the referenced topic where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. 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. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS There were no proclamations/presentations for this meeting. 3. CITIZEN REPORTS There were no citizen reports for this meeting. 4.CONSENT AGENDA Mayor Watts noted that Item E would be pulled for separate consideration. Council Member Gregory motioned, Council Member Hawkins seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item E. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. City of Denton City Council Minutes June 17, 2014 Page 13 Ordinance No. 2014-172 A. ID 14-0195 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a Counter offer from Gassaway Property Trust ("Owner"), made by its Trustee, Geesling Gassaway County, Inc., a Nevada Corporation, for the purchase by the City of an electric Utility Easement encumbering a 2.9001 acre tract of land situated in the R.B. Longbottom Survey, Abstract No. 775, City of Denton, Denton County, Texas ("Property Interest") for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations for the purchase price of Five Hundred Eighty Eight Thousand, Four Hundred Ninety Six Dollars and Eighty Eight Cents ($588,496.88), authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: P26 - Geesling Gassaway County, Inc.) Ordinance No. 2014-173 B. ID 14-0197 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a counteroffer from Edward F. Wolski for the purchase by the City of an electric utility easement encumbering a 6.8289 acre tract of land being generally situated in the Caswell Carter Survey, Abstract Number 275, and in the Daniel P. Culp Survey, Abstract No. 287, both in the City of Denton, Denton County, Texas, for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations for the price One Million, Seven Hundred Fifty Three Thousand, Seven Hundred Twenty One Dollars and Fifty Eight Cents ($1,753,721.58); authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P33 - Edward F. Wolski) Ordinance No. 2014-174 C. ID 14-0199 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a Counteroffer from Kim Property Revocable Living Trust, a Texas Revocable Living Trust, for the purchase by the City of an Electric Utility Easement encumbering a 0.8052 acre tract of land being generally situated in the Daniel P. Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations for the purchase price of One Hundred Ninety Six Thousand One Hundred Eighty Seven Dollars and Forty Four Cents ($196,187.44); authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel 35 - Kim Property Revocable Living Trust) Ordinance No. 2014-175 D. ID 14-0202 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a counteroffer from Stuart Property Trust and Edward F. Wolski for the purchase by the City of an Electric Utility Easement encumbering a 1.175 City of Denton City Council Minutes June 17, 2014 Page 14 acre tract of land and a Temporary construction easement encumbering a 0.562 acre tract of land both being generally situated in the S. McCracken Survey, Abstract No. 817, City of Denton, Denton County, Texas, for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations and the purpose of access, staging of materials and equipment, construction and grading activities relating to the expansion construction, maintenance, augmentation, operation and improvement of electric transmission and distribution lines, facilities, and structures, respectively, for the purchase price of Two Hundred Twenty One Thousand Five Hundred Twenty Seven Dollars and Twenty Six Cents ($221,527.26); authorizing the expenditure of funds therefor; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: C9 - Stuart Property Trust, Sherman County Inc., a Nevada Corporation, as Trustee and Edward F. Wolski, a married man) Ordinance No, 2014-176 F. ID 14-0237 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for Dry Auger Boring Services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 5419-awarded to Mabak Directional Drilling, Inc. in the not-to-exceed amount of $3,616,897). The Public Utilities Board recommends approval (5-0). Ordinance No. 2014-177 G. ID 14-0238 Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Three to the contract between the City of Denton and FCS Construction, LLC for the excavation and construction of Landfill Cells 4AB and 5; providing for the expenditure of funds therefor; and providing an effective date (RFP 5256-Change Order Number Three in the amount of $68,420 for a total contract amount not-to-exceed $3,078,382.64). The Public Utilities Board recommends approval (5-0). Ordinance No. 2014-178 H. ID 14-0239 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for consulting services related to the establishment of a regional Municipal Settings Designation for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFQ 5513-awarded to Modern Geosciences, LLC in the not-to-exceed amount of $185,100). Ordinance No. 2014-179 I. ID 14-0240 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of eleven (11) light duty vehicles for various City of Denton Departments; providing for the expenditure of funds therefore; and providing an effective date (Bid 5557-awarded to the lowest responsible bidder meeting specification, James Wood Autopark in the amount of $407,131). The Public Utilities Board recommends approval (5-0) for the utility vehicles. City of Denton City Council Minutes June 17, 2014 Page 15 Ordinance No. 2014-180 J. ID 14-0244 Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on both sides of Oakland Street from its intersection with Hickory Street to its intersection with Oak Street, providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date. The Traffic Safety Commission recommends approval (3-1). Ordinance No. 2014-181 K. ID 14-0246 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Black Chamber of Commerce; authorizing the expenditure of funds; and providing for an effective date. ($1,200) Ordinance No. 2014-182 L. ID 14-0247 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Texas Filmmakers Corporation for the purpose of expense for the 2014 ThinLine Festival; authorizing and ratifying the expenditure of funds; and providing for an effective date. ($2,050) Ordinance No. 2014-183 M. ID 14-0248 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Interfaith Ministries; authorizing the expenditure of funds; and providing for an effective date. ($1,300) Ordinance No. 2014-184 N. ID 14-0250 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Highland Street Sanitary Sewer Line and Drainage Improvements for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 5535-awarded to the lowest responsible bidder meeting specification, Quality Excavation, LTD, in the amount of $357,390.80). The Public Utilities Board recommends approval (4-0). Ordinance No. 2014-185 O. ID 14-0268 Consider adoption of an Ordinance finding that a public use and necessity exists to acquire (i) fee simple to an approximate 1.074 acre tract (the "Substation Tract") located in the W. Roark Survey, Abstract No. 1087 and the J. Severe Survey, Abstract No. 1164, both in Denton County, Texas, located generally along the east line of U. S. Highway 377 adjacent to and east of the Fort Worth Drive Substation Addition, and (ii) fee simple to an approximate 0.627 acre tract (the "Pump Station Tract") located in the B.B.B. & C. R. R. Co. Survey, Abstract No. 196 and the J. W. Withers Survey, Abstract No. 1343, both in Denton County, Texas, generally located west and adjacent to the G. C. & S. F. Railroad right of way and running to the west right of way line of F. M. Highway 1830, and (iii) an approximate 0.476 acre ingress and egress easement tract located in the J. Severe Survey, Abstract No. 1164, Denton County, Texas, located generally along the east City of Denton City Council Minutes June 17, 2014 Page 16 line of U. S. Highway 377 adjacent to and south of the Fort Worth Drive Substation Addition, Denton County, Texas, and (iv) an approximate 1.802 acre electric utility and communication easement located in the W. Roark Survey, Abstract No. 1087, Denton County, Texas, located generally east of the Ft. Worth Drive Substation Addition and running to the west line of a tract of land owned by Connie M. Altemus, called 37.87 acres in deed recorded in Volume 901, Page 777, Deed Records, Denton County, Texas, (the "Altemus tract") and (v) an approximate 1.793 acre temporary construction and access easement located generally east of the Fort Worth Drive Substation Addition and running to the west line of the Altemus Tract, contiguous with and adjacent to, along the northern line, of said electric utility and communication easement located generally east of the Ft. Worth Drive Substation Addition and running to the west line of the Altemus tract; for (A) as concerns the Substation Tract, ingress and egress easement, electric utility and communication easement and the temporary construction and access easement, the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures; and (B) as concerns the Pump Station Tract, the public use of a wet weather pump station and detention facility project (the "Hickory Creek Detention Facility"); authorizing the City Manager or his designee to make an offer to Burch Family Farms, Ltd. (the "Owner") to purchase the property interests for the purchase price of Thirty Six Thousand Dollars and No Cents ($36,000.00), and other consideration, as prescribed in the Purchase Agreement, (the "Agreement") as attached to the ordinance and made a part thereof; authorizing the expenditure of funds therefor; and providing an effective date. (Denton Municipal Electric Fort Worth T1 Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms Ltd.) [ID 14-0267] Ordinance No. 2014-186 P. ID 14-0270 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Purchase Agreement, by and between the City of Denton, Texas ("City"), as buyer, and John Fred Duncan and Benny Carl Duncan, Independent Co- Executors of the Estate of Eliza F. Duncan, deceased (collectively the "Owner"), as seller, to acquire fee simple title to a 1.364 acre tract situated in the M.E.P. & P.R.R. Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, and being generally located in the 1000 block of South Mayhill Road; for the purchase price of One Hundred Eighty Thousand Dollars and No Cents ($180,000.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A", (the "Property Interest") authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements Project: Parcel M100 - Estate of Eliza F. Duncan, deceased) Approved the minutes listed below. Q. ID 14-0271 Consider approval of the minutes of May 5, 2014, May 6, 2014, May 13, 2014 and May 20, 2014. Item E was considered. City of Denton City Council Minutes June 17, 2014 Page 17 Resolution No. R2014-025 E. ID 14-0222 Consider approval of a resolution approving and accepting a grant from the State of Texas, in an amount not to exceed $7,000,000, for design and construction of a west side runway at Denton Enterprise Airport and authorizing the City Manager, or his designee, to execute on behalf of the City of Denton all contracts, agreements and documents associated with the implementation of the said grant; and providing for an effective date. Quentin Hix, Director of Aviation, presented the background information on the item. This was a grant application to build a second runway at Denton Enterprise Airport. Council Member Hawkins motioned, Mayor Pro Tem Engelbrecht seconded to approve the resolution. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. 5.ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS Ordinance No. 2014-187 A. ID 14-0251 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 a 1.398 acre tract; and (ii) slope easement, encumbering a 0.151 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 1300 block of North Mayhill Road, each affected tract located in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469, 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 Widening and Improvements project: Parcel M026 - Habib Pyarali Arab) LuAnne Oldham, Real Estate Specialist, presented the details of the property and the necessity for an eminent domain process. The property was needed for the Mayhill Road widening project. Council Member Johnson motioned, Council Member Gregory seconded: “I move that the City of Denton, Texas authorize the use of the power of eminent domain to acquire (i) fee simple to a 1.398 acre tract; and (ii) slope easement, encumbering a 0.151 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 1300 block of North Mayhill Road, each affected tract located in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469, City of Denton, Denton County, Texas, as more particularly described on “Exhibit “A”, to the ordinance now under consideration City of Denton City Council Minutes June 17, 2014 Page 18 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” On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. Real property description is attached as Exhibit 1 to the minutes. Ordinance No. 2014-188 B. ID 14-0253 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 a 1.251 acre tract; and (ii) slope easement, encumbering a 0.161 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 1200 block of North Mayhill Road, each affected tract located in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469, 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 Widening and Improvements project: Parcel M029 -JNJ Prominence Square, LP) LuAnne Oldham, Real Estate Specialist, presented the details of the property and the necessity for the eminent domain proceedings. The property was needed for the expansion and improvement of Mayhill Road. Council Member Gregory motioned, Council Member Hawkins seconded: “I move that the City of Denton, Texas authorize the use of the power of eminent domain to acquire (i) fee simple to a 1.251 acre tract; and (ii) slope easement, encumbering a 0.161 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 1200 block of North Mayhill Road, each affected tract located in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469, 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”. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. Real property description is attached to the minutes as Exhibit 2. 6.ITEMS FOR INDIVIDUAL CONSIDERATION City of Denton City Council Minutes June 17, 2014 Page 19 Ordinance No. 2014-189 A. Z14-0007 Continue consideration of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 2 (DR-2) zoning district classification and use designation to a Downtown Commercial General (DC- G) zoning district classification and use designation; on approximately 0.184 acres, located on south side of West Oak Street approximately 104 feet west of the intersection of West Oak Street and Avenue B, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (6-0). Brian Lockley, Director of Planning and Development, presented the update on the item. He noted that this request was a continuation of a rezoning that was originally presented to Council on June 3rd. He presented the location map, zoning map, proposed zoning map, future land use map, and site photos illustrating present conditions. Council had given staff direction to meet with the applicant to determine if a mutual access agreement with the adjacent property could be reached. Staff met with representatives from CVS who agreed to provide access to the site from their property from Oak Street via an easement that would be recorded by a separate instrument. CVS was currently in the platting process and once the easement agreement had been approved by the City the recording information and notes would be included on the plat. Lockley reviewed the findings that must be met for a zoning amendment. The Planning and Zoning Commission and the Development Review Committee recommended approval. Council discussed concerns over the third entry point for the proposed development, the traffic and pedestrian flow through the property, and whether the development would continue if the rezoning was denied. Other concerns expressed dealt with the landscaping requirements and open space requirements. Mayor Watts expressed a concern that the proposal came to the Planning and Zoning Commission under a hardship variance before the rezoning of the primary property. He did not see it in a hardship prospective. He had a question to the applicant whether the development would not be done if the rezoning did not occur. Richard Hayes, representing CVS, stated that the proposed driveway was the same place as where the fourplex had been. The original proposal was a driveway and parking but staff required pedestrian friendly wide sidewalks and bike parking so a variance was needed for parking. This was critical to the development. A hardship variance was granted due to the size of the lots. Whether the property was rezoned or not, access was still needed to the property. The current zoning allowed for the property to be used for driveways for retail buildings. He presented information on pedestrian and traffic flow and the neighborhood meeting that was held. Mayor Watts stated that the thrust of his question was whether the driveway was crucial to the project. Hayes stated that CVS felt it was important to the landscaping requirement and circulation requirements. City of Denton City Council Minutes June 17, 2014 Page 20 Mayor Watts stated that he struggled with the driveway location and the rational given. He did not have a problem with rezoning, only with the curb cut. Hayes stated that the Planning and Zoning Commissions had approved the hardship variance which was a well-established city procedure. The issue at this meeting was for a rezoning rather than for a land use. Council discussed the landscaping and open space requirements and the circulation possibilities. They also discussed the adjoining property and the traffic flow between the properties. Mayor Pro Tem Engelbrecht motioned, Council Member Johnson seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", and Council Member Ryan "aye", Council Member Roden "nay", and Mayor Watts "nay". Motion carried with a 5-2 vote. Ordinance No. 2014-190 B. ID 14-0255 Consider adoption of an ordinance of the City of Denton, Texas approving an amendment to an Economic Development Program Grant Agreement dated August 16, 2011 between the City of Denton and GTM Development, Ltd.; and providing an effective date. (Golden Triangle Mall Incentive). The Economic Development Partnership Board recommends approval (6-0). Aimee Bissett, Director of Economic Development, stated that this ordinance would amend an existing agreement with Golden Triangle Mall. In 2011 the Council granted a program grant agreement which included a 20-year rebate of 50% of the local sales tax generated above the base year amount of $95,898 up to $9.5 million in grant payments. The Mall must invest a minimum of $9.5 million before initiating grant payments, and must ultimately invest a minimum of $45 million (up to $60 million) by October 1, 2014 in order to continue to receive grant payments. The Mall owners had requested a two-year extension to meet their ultimate investment threshold of $45-$60 million. Thus far, they had invested more than $35 million with plans for an additional $4 million renovation for JCPenney. They had requested an extension of their deadline to October 1, 2016. Although eligible, the Mall had not yet initiated grant payments. The Economic Development Partnership Board had reviewed this request and recommended a one-year deadline extension at this time. The following individuals submitted Speaker Cards: Jim Greenfield, 2201 I35E, Denton, 76205 - in favor Matt Ludemann, 2201 I35E, Denton, 76205 – in favor Council Member Hawkins motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. City of Denton City Council Minutes June 17, 2014 Page 21 C. ID 14-0256 Consider appointing a nominating committee to recommend appointees to serve on the Economic Development Partnership Board. Aimee Bissett, Director of Economic Development, stated that Council needed to appoint a nominating committee to recommend new members to the Economic Development Partnership Board. The nominating committee was made up of two council members and one Chamber of Commerce member. The Chamber recommended Marty Rivers for their representative to the committee. The committee would identify potential members for the Board and bring those nominations to the Council. Council Member Roden noted that Council Member Johnson was already a member of the Board serving as a representative of the Chamber. He questioned if two members of Council could serve if Council Member Johnson remained on the Board City Attorney Burgess indicated that they had researched this issue and did not find anything to prohibit that scenario. There was no problem with Council Member Johnson continuing as a representative of the Chamber. Council Member Gregory motioned, Council Member Hawkins seconded to appoint Council Member Ryan, Mayor Pro Tem Engelbrecht and Marty Rivers to the nominating committee. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. 7. PUBLIC HEARINGS Ordinance No. 2014-191 A. ID 14-0209 Hold a public hearing and consider adoption of an ordinance designating and describing the boundaries of a Tax Increment Reinvestment Zone Three, City of Denton, Texas ("Convention Center TIRZ"); establishing the duration of the Zone; establishing a Tax Increment Fund; establishing a Board of Directors for the Tax Increment Reinvestment Zone; making certain findings and other matters related thereto; and providing an effective date. The Economic Development Partnership Board recommends approval (6-0). Aimee Bissett, Director of Economic Development, stated that this ordinance would create a TIRZ for the proposed hotel and convention center project. It was one step in a feasibility period and creating this zone did not make it a requirement to move forward with the project. The TIRZ was an economic development tool to help fund economic development projects. It did not impact property taxes or other taxes as the burden was inside the zone. David Pettit, Economic Development Consultant, presented the details of the TIRZ. The purpose was to facilitate the development of a full service hotel and convention center. The ordinance established the boundary, term, city participation rate, board makeup and preliminary project and financing plan. A taxable value analysis was conducted with the current taxable value on the property at zero as it was tax exempt. If approved, the proposal would seek contributions from City of Denton City Council Minutes June 17, 2014 Page 22 Denton County at 75% and the DISD at 75%. He reviewed the projected revenues for the project and the next steps in the process. Council Member Roden stated that the ordinance did not have any financial assumptions included. Pettit stated that until final participation agreements were completed with the other entities, the financials would not be known. Council Member Hawkins stated that there would be no revenue in first five years. Pettit stated that it took about 24 months to construct and then an eighteen month lag to get the revenue. A thirty year term was used because in the first five years there was no revenue. Council Member Gregory stated that Council early in the negotiations gave direction to staff to work out a plan for convention center and associated Certificates of Obligation in a way that minimized the cost to taxpayers. He asked staff to explain how the Certificates of Obligation would be paid. Jon Fortune, Assistant City Manager, stated that in the current master agreement, the City would pay for the convention center with Certificates of Obligation which created an annual debt service payment. All projected revenue from convention center and hotel, all revenue from sales tax, property tax etc. would be dedicated towards the debt service. If there was not enough revenue to fully meet the annual debt service, the developer would make annual payments to make the rest of the payment. The cumulative total of all of the payments on annual basis would be used to meet the city payment obligations. Council Member Gregory stated that the TIRZ would redirect the money that came in from the property, etc. to cover the debt. Fortune stated that the single purpose of the TIRZ was to retire debt service on bonds. Mayor Watts questioned if the rent that the management company was paying was subject to ad valorem taxes. Pettit stated that it would not be taxed. Mayor Watts stated that the creation of the TIRZ did not mean that the project would move forward. If the other entities did not participate, it would not kill the deal. Bissett stated that part of the feasibility period and part of the overall analysis was whether the project was feasible. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Larry Luce, 2200 Pembrooke Place, Denton, 76205 – opposed City of Denton City Council Minutes June 17, 2014 Page 23 Lynn Holt, 2520 Bowling Green, Denton – opposed Elma Walker, 9805 Grandview, Denton, 76202 – opposed Gerard Hudspeth, 606 Wilson, Denton, 76205 opposed Kathleen Wazney, 9117 Perimeter Street, Denton 76207- opposed Mike Cochran, 610 W. Oak, Denton – opposed Comment cards were submitted by: Chuck Carpenter, 1112 Pennsylvania, Denton, 76205 – in support Dana Lodge, 414 Parkway, Denton, 76201 – in support Bonnie Gold, 11320 Southerland, Denton, 76209 – opposed Additional speakers included: Zack Glenn, spoke in opposition. Bob Bland, 1609 Victoria, Denton- spoke in support John Sigemann, spoke in support David Zoltner, 2501 Timber Trial, Denton – spoke in opposition The Mayor closed the public hearing. Council Member Johnson stated that the creation of the TIRZ did not mean that the project would go forward. Council could eliminate the TIRZ whenever it felt it was appropriate. Fortune stated up to the point when the debt was issued. Mayor Watts stated that he had struggled with this issue. He would vote in favor of the ordinance as he wanted to satisfy that component because it did not commit the City to moving forward. He had questions about this project but had no question about the need for the convention center. He would be voting to support because it provided an opportunity per the development agreement to continue to examine the numbers. Mayor Pro Tem Engelbrecht agreed with the Mayor's statements and knew that the developer was very interested in TIRZ also. Council Member Roden stated that this was the first public hearing on this topic and felt there was a need to find more ways to hear from people on this issue and in particular the economic impact of the issue. Council Member Gregory felt more public education was necessary. Council had several meeting on this issue in work sessions but they usually were not attended as well as regular council meetings. It was clear that the public had some questions that Council had not considered that were answered. The TIRZ was the funding of the convention center and not for the hotel. Council Member Roden motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. City of Denton City Council Minutes June 17, 2014 Page 24 Ordinance No. 2014-192 B. SI14-0001 Hold a public hearing and consider adoption of an ordinance amending Ordinance No. 2014-137, which established a moratorium on the acceptance, processing and approval of certain applications for gas well permits for gas well drilling and production activities within the corporate limits of the City of Denton, Texas, and on applications for specific use permits, site plans, development plans of any nature or type, including applications for amendments to approved or pending gas well development plats or site plans, and on applications for Fire Code operational permits, as they relate to gas well drilling and production activities, by revising exemptions and variance procedures; making minor clarification changes; providing a cumulative clause; providing a severability clause; and providing an effective date. Darren Groth, Gas Well Administrator, presented information on the amendment to revise moratorium exemptions and variance procedures and make minor clarification changes. These revisions would clarify which applications were subject to the moratorium and outlined a new process for requesting a variance. The Planning and Zoning Commission held a public hearing and recommended approval. Council Member Roden asked if any applications had been submitted on a technicality. Groth replied no. Council Member Roden questioned since the time the moratorium was enacted had there been certain permits approved because they fit the allowed criteria. Groth stated that there was one plat that was approved which had three permits that fit an already approved well. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Hawkins motioned, Council Member Ryan seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 2014-193 C. Z13-0013 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the Rayzor Ranch Overlay District, consisting of 410 acres of land located on both sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street; specifically by defining and establishing permitted uses for a new RR-2A Subdistrict; enhancing and extending the applicability of existing stormwater quality standards for the district; authorizing limited clearing and grading of 99 acres prior to the approval of a final plat or construction plans, subject to certain prescribed restrictions; and providing for a City of Denton City Council Minutes June 17, 2014 Page 25 penalty in the maximum amount of $2,000.00 for violations thereof severability and an effective date. Planning and Zoning Commission recommended denial of the first portion of this request to create a new subdistrict (6-0) and recommended approval of the second portion of this request regarding clearing and grading with conditions (6- 0). A supermajority vote of the City Council will be required to approve the first portion of this request. Abra Nusser, Senior Planner, presented the details of the proposal. She indicated that the first component of the request relative to the creation of a sub-district had been withdrawn by the applicant so Council would only be considering the clearing and grading portion of the request. The proposal was to allow the rough clearing and grading of this area in advance of site plan and final plat approval. Staff, the Planning and Zoning Commission and Development Review Committee were in support of the proposal. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Johnson motioned, Council Member Hawkins seconded to adopt the ordinance with the removal of the portion of the ordinance dealing with the sub-district and only approving the clearing and grading portion. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. 8. CITIZEN REPORTS There were no citizen reports for this portion of the agenda. 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: 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. City of Denton City Council Minutes June 17, 2014 Page 26 Council Member Gregory requested an update from Dr. Banks on the upcoming mosquito season in terms of the West Nile Virus. B.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned at 9:21 p.m. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0313 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/27/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance authorizing the City Manager t Agreement with the North Central Texas Council of Governments (N of the State of Texas Government Code, to authorize the City of Geographic Information Systems Planimetric Mapping Update; autho therefor; and providing an effective date (File 5590-Interagency Texas Council of Governments in the not-to-exceed amount of $43, Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Ordinance Exhibit 2 - Agreement DateVer.Action ByActionResult AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:July 15, 2014 SUBJECT ConsideradoptionofanordinanceauthorizingtheCityManagertoexecuteanInteragencyAgreementwiththe NorthCentralTexasCouncilofGovernments(NCTCOG)underSection791.001oftheStateofTexas GovernmentCode,toauthorizetheCityofDentontoparticipateintheNCTCOGGeographicInformation SystemsPlanimetricMappingUpdate;authorizingtheexpenditureoffundstherefor;andprovidinganeffective date(File5590-InteragencyAgreementwiththeNorthCentralTexasCouncilofGovernmentsinthenot-to- exceed amount of $43,000). FILE INFORMATION ThisAgreementwillallowtheCityofDentontoaccessNorthCentralTexasCouncilofGovernments (NCTCOG)2013and2014GeographicInformationSystems(GIS)Planimetricmappingdata.Theproject captureschangesbysuperimposingtheCitysexistingPlanimetricdatadirectlyovernewlyobtainedand processedaerialphotography.Anyfeatureswhicharevisibleandinterpretablefromaerialphotographycanbe capturedincludingbuildingfootprints,pavementpads,pavedparkinglots,sidewalkcenterlines,sidewalk edges,streamcenterlines,andstreamedges.Thiscosteffectivemethodaccuratelyidentifiesareasthathave changed.Thedataisshowntoscale,andisusedforengineering,utilitylocation,urbanplanning,landuse, City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0313,Version:1 impervioussurfacescalculationsandGISapplications.TheCityofDentonhasparticipatedinthisprogram since 2012. Section791.001oftheGovernmentCoderequiresthatallCooperativeAgreementsmustbeauthorizedbythe governingbody,regardlessofthedollaramount.Theonlyexceptiontothisismunicipallyownedelectric utilities-these entities have a $100,000 threshold before author RECOMMENDATION ApproveaGISPlanimetricDataProgramAgreementwiththeNorthCentralTexasCouncilofGovernmentsin theamountnot-to-exceed$43,000.Thisamountincludesthetotalamountof$20,812forFiscalYear2013- 2014andananticipatedcostnot-to-exceed$22,188forthe2014datatobeprocuredduringFiscalYear2014- 2015. PRINCIPAL PLACE OF BUSINESS North Central Texas Council of Governments Arlington, TX ESTIMATED SCHEDULE OF PROJECT This agreement will be effective when signed and will remain in FISCAL INFORMATION TheannualservicesprovidedunderthisagreementwillbefundedfromTechnologyServicesoperatingaccount 800300.6504. EXHIBIT Exhibit 1: Ordinance Exhibit 2: NCTCOG Interagency Agreement Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Kevin Gunn City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" EXHIBIT 1 ORDINANCE NO. ___________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERAGENCY AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) UNDER SECTION 791.001 OF THE STATE OF TEXAS GOVERNMENT CODE, TO AUTHORIZE THE CITY OF DENTON TO PARTICIPATE IN THE NCTCOG GEOGRAPHIC INFORMATION SYSTEMS PLANIMETRIC MAPPING UPDATE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5590-INTERAGENCY AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS IN THE NOT-TO- EXCEED AMOUNT OF $43,000). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute the Geographic Information Systems Planimetric Mapping Update Participation Agreement with the North Central Texas Council of Governments under Section 791.001 of the Texas Government Code, a copy of which is attached hereto and incorporated by reference herein (the SECTION 2. The City Manager or his designee is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5590 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2014. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0318 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/29/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance of the City Council of the Cit City Manager to approve and execute a Second Amendment to the T by and between the City as Lessor, and New Cingular Wireless PCS of tower space on the McKenna Park Tower and on the grounds; aut receipt of funds therefor; and providing an effective date. Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Original Lease Agreement Exhibit 2 - First Amendment Exhibit 3 - PUB Minutes Exhibit 4 - Ordinance Exhibit 5 - Signed 2nd Amendment DateVer.Action ByActionResult AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:July 15, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityCounciloftheCityofDenton,TexasauthorizingtheCity ManagertoapproveandexecuteaSecondAmendmenttotheTower/GroundLeaseAgreementbyand betweentheCityasLessor,andNewCingularWirelessPCS,LLC.,asLessee,fortheleaseoftowerspaceon theMcKennaParkTowerandonthegrounds;authorizingtheexpenditureandreceiptoffundstherefor;and providing an effective date. FILE INFORMATION TheCityofDentonenteredintoitsoriginaltowerleaseagreementonJune18,2002forleaseoftowerspaceat theMcKennaParkTowerandgroundslocatedattheintersectionofBonnieBraeandScriptureStreets(Exhibit 2).OnJanuary1,2009,theCityofDentonapprovedanordinanceamendingtheoriginaltowerlease agreementtoallowfortheinstallationoftowermountedamplifiers,associatedcables,andother communicationinstrumentsbytheoriginallessee,AT&TMobilityTexas,LLC,whichhasnowbecomeNew CingularWireless,PCS,LLC.(Exhibit3).Anadjustmenttotherentalcostforthetowerleasewasincludedin City of DentonPage 1 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0318,Version:1 the first 2009 amended ordinance. TheproposedSecondAmendmenttothetowerleaseagreementallowsfortheinstallationofadditional antennasandequipmentbyNewCingularWirelessPCS,LLC(Exhibit5).Thereisnoadjustmenttotherental costforthetowerleaserelatedtothisproposedSecondAmendmentsincethenewantennasandequipmentwill replace older facilities on the tower within the same tower spac PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 23, 2014, the Public Utilities Board recommended approva for consideration. RECOMMENDATION ApproveaSecondAmendmenttotheTower/GroundLeaseAgreementbetweentheCityofDentonandNew Cingular Wireless PCS, LLC. with the equipment changes as shown PRINCIPAL PLACE OF BUSINESS New Cingular Wireless PCS, LLC. Atlanta, GA ESTIMATED SCHEDULE OF PROJECT This lease automatically renews unless either party provides wri renewal anniversary date. FISCAL INFORMATION Since the new antennas and equipment will replace older faciliti there will be no adjustment to the rental cost for the tower lea EXHIBITS Exhibit 1: Original Tower/Ground Lease Agreement Exhibit 2: First Amendment to Tower/Ground Lease Exhibit 3: Public Utilities Board Draft Minutes Exhibit 4: Ordinance Exhibit 5: Second Amendment to Tower/Ground Lease Respectfully submitted: Chuck Springer, 349-8260 Director of Finance City of DentonPage 2 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0318,Version:1 For information concerning this acquisition, contact: Phil Willi City of DentonPage 3 of 3Printed on 7/11/2014 powered by Legistar" EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 3 DRAFT MINUTES PUBLIC UTILITIES BOARD June 23, 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, June 23, 2014 at 9:01 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Phil Gallivan, Leonard Herring, Barbara Russell and Lilia Bynum Ex Officio Members: Howard Martin, ACM Utilities and George Campbell City Manager Absent: Vice Chair Billy Cheek and Secretary Randy Robinson OPEN MEETING: CONSENT AGENDA: 3.Consider a recommendation of approval to execute a Second Amendment to Tower/Lease Agreement (Second Amendment) on behalf of the City of Denton, Texas and New Cingular Wireless, PCS, LLC, a Delaware Limited Liability Company (New Cingular), for the continued lease of tower space on the McKenna Park Tower and grounds. Board Member Russell pulled this item to ask a question . We have had this agreement for sometime, is it common or uncommon to look at it again. Phil Williams, General Manager, answered yes it is a very small market of people that want space for this type of rent. Staff does look at the market for change. McKenna tower has been up since 2000. It is additional revenue for DME. Mike Copeland, Utility Attorney, added that this agreement has a three percent escalation rate on the rent some of the equipment was changed out there is no difference in the amount of equipment, there was no justification for escalation of that rent. Motion was made to approve item 3 by Board Member Russell with the second by Board Member Herring. The vote was 5-0 approved. Adjournment 10:16 a.m. EXHIBIT 4 ORDINANCE NO. 2014- ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE A AMENDMENT TO TOWER/GROUND LEASE AGREEMENT BY AND BETWEEN THE CITY AS LESSOR, AND NEW CINGULAR WIRELESS, PCS, LLC., AS LESSEE FOR THE LEASE OF TOWER SPACE ON THE MCKENNA PARK TOWER AND ON THE GROUNDS; AUTHORIZING THE EXPENDITURE AND RECEIPT OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute a Second Amendment to)on behalf of the City of Denton, Texas, as Lessor, with New Cingular Wireless, PCS, LLC., a Delaware Limited Liability Company, as Lessee, for the continued lease of tower space on the McKenna Park Tower and grounds, a copy of which Second Amendment is attached hereto and incorporated by reference herein. SECTION 2. The expenditure and the receipt of funds as provided in the attached Second Amendment are hereby authorized. SECTION 3. This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ______ day of ________________, 2014. ____________________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: __________________________________ EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0319 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/29/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance authorizing the City Manager t Agreement (PSA) with C.T. Brannon Corporation for aquatic engine to the renovation of the City of Denton Civic Center Pool; and p awarded to C.T. Brannon Corporation in the not-to-exceed amount Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Ordinance Exhibit 2 - Signed Contract DateVer.Action ByActionResult AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:July 15, 2014 SUBJECT ConsideradoptionofanordinanceauthorizingtheCityManagertoexecuteaProfessionalServicesAgreement (PSA)withC.T.BrannonCorporationforaquaticengineeringanddesignservicesrelatingtotherenovationof theCityofDentonCivicCenterPool;andprovidinganeffectivedate(File5489-awardedtoC.T.Brannon Corporation in the not-to-exceed amount of $145,000). FILE INFORMATION Thisagreementistocontractwithaspecializedaquaticengineeringfirmtodevelopthedesignandplansforthe renovationoftheCityofDentonsCivicCenterPool.TheCivicCenterPoolrenovationwillconsistof redesigningtheswimmingpoolmechanicalandfiltrationsystem,andbathhouseupgradestomeettheTexas DepartmentofHealthcodesandnewAmericansWithDisabilities(ADA)regulations.Italsoincludesthe redesigningofthefiltrationandcirculationsystemtobemoreefficient,effective,andenvironmentallyfriendly thanthecurrentsystemthatwasinstalledin1993.Theswimmingpoolplanswillincludetheoptiontoadd somenewinteractiveplayfeaturesifbudgetallows.Thebathhousedesignwillincluderenovationstoobtain ADAcomplianceandimproveaestheticstothebuilding.Thetotalcostoftherenovationisestimatedtobe$1.8 million.TherenovationwillbeperformedafterthepoolclosesinSeptember2015,andisestimatedtobe completed by May 15, 2016. City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0319,Version:1 TheattachedProfessionalServicesAgreementprovidesabreakdownofthedifferentphasesoftheprojectand costsassociatedwitheachphase(Exhibit2).ThecompensationforallBasicServicesshallbe$138,000witha not-to-exceedamountof$7,000forReimbursableExpenses.InaccordancewithTexasLocalGovernment Code252.022,theprocurementofprofessionalservicesisexemptfromtherequirementofcompetitionbased selection.TheCityofDentonhasprevioussuccessfulexperiencewiththerecommendedfirm,andhaselected to not seek qualification based competition for these identified RECOMMENDATION Approve a Professional Services Agreement (PSA) with C.T. Branno design services relating to the renovation of the City of Denton of $145,000. PRINCIPAL PLACE OF BUSINESS C. T. Brannon Corporation Tyler, TX ESTIMATED SCHEDULE OF PROJECT The initial term of this contract is from July 15, 2014 through FISCAL INFORMATION ThisitemwillbefundedfromParksoperatingaccount400137403.1365.21100.Requisition#119741hasbeen entered in the Purchasing software system. EXHIBITS Exhibit 1: Professional Services Agreement Exhibit 2: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Emerson Vo City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" EXHIBIT 1 ORDINANCE NO. 2014-___ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH C.T. BRANNON CORPORATION FOR AQUATIC ENGINEERING AND DESIGN SERVICES RELATING TO THE RENOVATION OF THE CITY OF DENTON CIVIC CENTER POOL; AND PROVIDING AN EFFECTIVE DATE (FILE 5489- AWARDED TO C.T. BRANNON CORPORATION IN THE NOT-TO-EXCEED AMOUNT OF $145,000). WHEREAS, t is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional service contract with C.T. Brannon Corporation, to provide professional engineering design services for the renovation of the Civic Center Pool, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5489 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5.This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2014. ______________________________ CHRIS WATTS, MAYOR EXHIBIT 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:_________________________________ EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0320 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/29/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance accepting competitive bids and for the construction of Wastewater Collection System Improvement Park/Longfellow Drive project; providing for the expenditure of effective date (Bid 5515-awarded to the lowest responsible bidde Excavation, Ltd. in the amount of $917,524.50). The Public Utili 0). Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Map Exhibit 2 - Bid Tabulation Exhibit 3 - PUB Minutes Exhibit 4 - Ordinance DateVer.Action ByActionResult AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:July 15, 2014 SUBJECT Consideradoptionofanordinanceacceptingcompetitivebidsandawardingapublicworkscontractforthe constructionofWastewaterCollectionSystemImprovementsfortheShermanDrive/HolidayPark/Longfellow Driveproject;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(Bid5515- awardedtothelowestresponsiblebiddermeetingspecification,QualityExcavation,Ltd.intheamountof $917,524.50). The Public Utilities Board recommends approval (5- BID INFORMATION TheWastewaterCollectionSystemImprovementsforShermanDrive/HolidayPark/Longfellowproject consistsprimarilyofthereplacementofapproximately12,600feetofexisting6inchclaygravitysanitary sewerwithnew8inchPVCorHDPEsanitarysewer(refertoExhibit1).Theprojectisrequiredduetothepoor structural condition of the existing clay lines which need to be StandardCityofDentonpurchasingprocedureswereutilized.Bidnoticeswereadvertisedinthelocalpaper, City of DentonPage 1 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0320,Version:1 postedontheinternet,andemailedto607prospectivebidders.Bidsfortheconstructionphaseofthisproject werereceivedonJune5,2014.Bidsweredividedintoabasebidwhichcoveredapproximately5,900feetof theworstpipesegmentsandanalternatebidwhichcoveredapproximately6,700feetofpipesegmentsthat weredeemedtobeinslightlybettercondition.Therewerefivebidderswitharangeinbidsfrom$917,524.50 to$1,375,122.25forthebasebidand$924,794.00to$1,376,586.50forthealternatebid.Thebidsummaryis enclosed as Exhibit 2. Theengineersopinionofprobableconstructioncost(OPCC)fortheworkwas$710,000forthebasebidand $946,000forthealternatebid.Thelowbidderforthisproject,QualityExcavation,LTD.sbidof$917,524.50 isapproximately29%morethantheengineersOPCCforthebasebid.Therefore,theWastewaterDepartment haselectedtoonlyawardthebasebidduetobudgetconstraintsforthisproject.QualityExcavation,LTD. appears to meet all of the necessary requirements for qualificat PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) OnJune23,2014,thePublicUtilitiesBoardrecommendedapprovaltoforwardthisitemtotheCityCouncil for consideration. RECOMMENDATION Award to Quality Excavation, Ltd. in the amount of $917,524.50. PRINCIPAL PLACE OF BUSINESS Quality Excavation Ltd. Aubrey, TX ESTIMATED SCHEDULE OF PROJECT The project is estimated to be completed within 240 calendar day FISCAL INFORMATION ThisprojectwillbefundedfromBondfundaccount#640233545.1360.40100.Requisition#119822hasbeen entered in the Purchasing software system. EXHIBITS Exhibit 1: Project Location Map Exhibit 2: Bid Tabulation Exhibit 3: Public Utilities Board Draft Minutes Exhibit 4: Ordinance City of DentonPage 2 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0320,Version:1 Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Frank Payn City of DentonPage 3 of 3Printed on 7/11/2014 powered by Legistar" Exhibit 1 Project Location Map Base Bid - Solid Alternate Bid - Hash EXHIBIT 3 DRAFT MINUTES PUBLIC UTILITIES BOARD June 23, 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, June 23, 2014 at 9:01 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Phil Gallivan, Leonard Herring, Barbara Russell and Lilia Bynum Ex Officio Members: Howard Martin, ACM Utilities and George Campbell City Manager Absent: Vice Chair Billy Cheek and Secretary Randy Robinson OPEN MEETING: CONSENT AGENDA: 5.Consider recommending approval of IFB 5515 to Quality Excavation, LTD. in the amount of $917,524.50 for the construction of the Wastewater Collection System Improvements for Sherman Drive / Holiday Park / Longfellow project. Motion was made to approve item 5 by Board Member Russell with the second by Board Member Bynum. The vote was 5-0 approved. Adjournment 10:16 a.m. EXHIBIT 4 ORDINANCE NO. 2014-____ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF WASTEWATER COLLECTION SYSTEM IMPROVEMENTS FOR THE SHERMAN DRIVE/HOLIDAY PARK/LONGFELLOW DRIVE PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 5515-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, QUALITY EXCAVATION, LTD. IN THE AMOUNT OF $917,524.50). WHEREAS, the City has solicited, received and tabulated competitive bids 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 bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 5515 Quality Excavation, Ltd. $917,524.50 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid 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 Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. 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 bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. EXHIBIT 4 SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under Bid 5515 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive bids 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 bids 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. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0322 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/29/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance accepting competitive bids and for the construction of aircraft ramps as part of the Taxilane Q Enterprise Airport; providing for the expenditure of funds there (RFP 5241-awarded to Floyd Smith Concrete, Inc., in the not-to-e Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Map Exhibit 2 - Proposal Exhibit 3 - Ordinance DateVer.Action ByActionResult AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:July 15, 2014 SUBJECT Consideradoptionofanordinanceacceptingcompetitivebidsandawardingapublicworkscontractforthe constructionofaircraftrampsaspartoftheTaxilaneQuebecHangarProjectatDentonEnterpriseAirport; providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(RFP5241-awardedtoFloyd Smith Concrete, Inc., in the not-to-exceed amount of $579,067.88 BID INFORMATION TheTaxilaneQuebecHangarProjectconsistsofconstructingtwenty-seven(27)aircrafthangarsforlight personalaircraft.TherampareaconnectingthesehangarstoTaxilaneQ(Quebec)includes108,138square feetofeightinch(8)concrete,installedinfour(4)phases(Exhibit1-Map).Thisitemisfortheinstallationof newconcreteonagradeandcompactedsubgradeestablishedbytheCityofDentonDrainageDivision.An itemizeddescriptionoftheFloydSmithConcrete,Inc.projectcostisincludedintheattachedProposal(Exhibit 2). RFP5241isanindefinitequantitytermcontractawardedtoFloydSmithConcrete,Inc.toprovide miscellaneousconcreterelatedrepairandforsmallconstructionprojects.Councilhasstipulatedthatany City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0322,Version:1 projects costing $250,000 or more that are quoted through this c PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) RFP5241wasoriginallyawardedbyCouncilonSeptember17,2013anditisanticipatedtoberenewed annually through September 16, 2016. RECOMMENDATION Approve the award of a contract with Floyd Smith Concrete, Inc. PRINCIPAL PLACE OF BUSINESS Floyd Smith Concrete, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This project will begin upon Council approval and is estimated t FISCAL INFORMATION This item will be funded from the City Council approved budget f Fiscal Year 2013-2014, Denton Airport account 200044565.1360.401 in the Purchasing software system. EXHIBITS Exhibit 1: Project Location Map Exhibit 2: Proposal from Floyd Smith Concrete, Inc. Exhibit 3: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Quentin Hi City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" EXHIBIT 2 EXHIBIT 3 ORDINANCE NO. 2014-____ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF AIRCRAFT RAMPS AS PART OF THE TAXILANE QUEBEC HANGAR PROJECT AT DENTON ENTERPRISE AIRPORT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5241-AWARDED TO FLOYD SMITH CONCRETE, INC., IN THE NOT-TO-EXCEED AMOUNT OF $579,067.88.) 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 5241 Floyd Smith Concrete, Inc. $579,067.88 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. 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 RFP 5241to 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. ______________________________ CHRIS WATTS,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0323 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/29/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance of the City of Denton, Texas p approving the purchase of a twenty-five (25) NTX-220 Substation (RTU) for Denton Municipal Electric, which are available from on Chapter 252.022 of the Texas Local Government Code such purchase requirements of competitive bidding; and providing an effective Control Systems in a not-to-exceed amount of $480,000). The Publ approval (5-0). Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Quote Exhibit 2 - Sole Source Letter Exhibit 3 - PUB Minutes Exhibit 4 - Ordinance Exhibit 5 - Signed Contract DateVer.Action ByActionResult AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:July 15, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasprovidingfor,authorizing,andapprovingthe purchaseofatwenty-five(25)NTX-220SubstationControllerRemoteTerminalUnits(RTU)forDenton MunicipalElectric,whichareavailablefromonlyonesourceandinaccordancewithChapter252.022ofthe TexasLocalGovernmentCodesuchpurchasesareexemptfromtherequirementsofcompetitivebidding;and providinganeffectivedate(File5526awardedtoAdvancedControlSystemsinanot-to-exceedamountof $480,000). The Public Utilities Board recommends approval (5-0). FILE INFORMATION In1984,DentonMunicipalElectric(DME)collaboratedwithAdvancedControlSystems(ACS)whenDME installeditsfirstSupervisoryControlandDataAcquisition(SCADA)upgrade.DMEsOpenSystems International(OSI)MasterSCADAsystemexclusivelyutilizesAdvancedControlSystemsRemoteTerminal City of DentonPage 1 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0323,Version:1 Units(RTUs)duetotheirhighavailabilityandreliabilityforcontrolofDMEsmajortransmissionand substationassets.Ofthe30RTUscurrentlyinservice,DMEhasneverexperiencedamajorfailurewiththe ACSproducts.TheACSproducthasprovenitsworthinessforuseandprovidedtheavailabilityandreliability required of this critical component of the substation and transm Overthenextthreeyears,DMEhasapprovedbudgetedCIPplanstoconstructorrebuildandenergize additionalsubstations.Asthesesubstationsareenergized,DMEwillneedall25oftherecommendedRTUs (Exhibit1-Quote).WithDMEbeingbothaTransmissionOwnerandTransmissionOperator,theseRTUs provideDMEcompliancewiththe2007NorthAmericanReliabilityCorporation(NERC)rulesbyproviding theDMESystemOperatorsaccesstodatafromthefieldwhichiscriticalforeverydayandemergency operations.ChangingtoadifferentvendorwouldcreateasituationwhereDMEpersonnelwouldbepotentially unproductiveforaperiodoftimeduetothelargedegreeoftrainingrequiredtolearnhowtoinstall,configure, andprogramanynewRTUs.ThisunproductiveperiodwouldalsopotentiallyputDMEinapositionofnot beingabletorapidlycorrectequipmentissuesinthefield,whichwoulddramaticallyaffectelectricalsystem reliability and data transfer to Electric Reliability Council of ThesoftwareusedtoprogramtheseRTUsisproprietaryandACSisthesolesourceprovideroftheACSNTX -220SubstationController(Exhibit2).Chapter252.022oftheTexasLocalGovernmentCodeexemptsfrom thecompetitivebidprocess,thosesuppliesandresourcesprotectedbycopyrightorpatentandavailablefrom only one source. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) OnJune23,2014,thePublicUtilitiesBoardrecommendedapprovaltoforwardthisitemtotheCityCouncil for consideration. RECOMMENDATION Approvethepurchaseofatwenty-five(25)NTX-220SubstationControllerRemoteTerminalUnits(RTU)for DentonMunicipalElectricfromAdvancedControlSystemsinanot-to-exceedamountof$480,000.Thisdollar amount includes optional items shown on the price quote that may PRINCIPAL PLACE OF BUSINESS Advanced Control systems Norcross, GA ESTIMATED SCHEDULE OF PROJECT ThepricequoteprovidedbyAdvancedControlsystemsisvalidforthree(3)years.Thispricingwillbeusedto purchase Remote Terminal Units for substations built during the FISCAL INFORMATION Thefundingofthese25RTUsandtheirassociatedoptionswillcomefromseveralSubstationCIPprojectsthat are funded and approved budgeted items. City of DentonPage 2 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0323,Version:1 EXHIBITS Exhibit 1: Quote from Advanced Control systems Exhibit 2: Sole Source Letter Exhibit 3: Public Utilities Board Draft Minutes Exhibit 4: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Phil Willi City of DentonPage 3 of 3Printed on 7/11/2014 powered by Legistar" EXHIBIT 1 Page 1 of 6 Quotation To:Denton Municipal Utilities 215 E McKinney Street Denton, TX 76201-4299 Attn:Brad Gibbons Phone #:(940) 349-7607 Email:brad.gibbons@cityofdenton.com Customer P.O. or Contract #: Date: May 8, 2014 ACS Quote No.: 14-0194, R2 F.O.B. ( )Norcross ACS ( X )Destination Payment Schedule: Ship Via: Best Way 100% NET 30 at Shipping of Equipment to Customer Site 5z-Ò·{-w;7Ò;t 5z-Ò·z¦;©;-wtÒ©-w;h©7;©u Òz·^ V Òz·^V th³-,;Ò,z··;77·w;©7;©7;zÝ;©ä- Òz·^ V ,;-w;7Ò;7·w©ÒmwÒ··w; ·w¦;©z7u Òz·^ V PRICE ESCALATION NOTE: Prices will remain valid for 3 calendar years from date of purchase order. An escalation fee of 5% will be applied to unit prices for deliveries that are requeswith additional 5% increases for each additional 12 month period required to release delivery of all ordered units. Customer Requested Date: Sales Tax %: Not Included ACS Estimated Shipping Date: 90 Days ARO for first batch of unitsShipping Charges: Prepay & Invoice at (depending on ACS Factory schedule at time of order) Cost, minimum of $20 ItemQtyDescriptionUnit PriceTotal NTX-220 Substation Controller System NTX-220 Substation Controller for New Substations as follows:$17,689 125$442,225 NTX-220 Electronics Card Cage, P/N CF545051, 19" W x 5.25" H x 1 19" rack mounted, with Power Supply, 5-slot System Node Mid-Plan a 6 Slot Input Module mid-plane Motherboard. Advanced Control Systems 4.3-002-004Nov., 197610June 24, 2010 Form ID: Orig. Date: Revision: Date: EXHIBIT 1 Page 2 of 6 ItemQtyDescriptionUnit PriceTotal NTX-220 System Controller Node with Termination, P/N AS545037/DA050205, Router/Gateway functionality with One 10/100baseT DNP3 and/or Modbus RTU over TCP/IP or UDP Ethernet Port, configurable as a client, a server, or multiples of both. Includes two configurable isolated EIA 561 RS-232 DTE/485 RJ45 serial por with DNP 3.0, and Modbus RTU primary/secondary protocols, Cooper 2179 primary IED protocol and ACS7000, Harris 6000, L&G8979, SC- 1801, & SCOMD secondary protocols for master communications. Sel the appropriate serial interface cable from optional items 2 or RS485 option 4. 32-bit ARM9E CPU running under an embedded versi of the Linux operating system. Mini USB Maintenance port and USB thumb drive to update firmware and archive configuration files. Time Code Reader for unmodulated signaling and GPS Satellite Clock interface Mini-DIN connector using NMEA 0183 protocol included with optional clock antenna available for NTX-220 time synchronization only. Supports NTP Synchronization via an Ethernet Connection. Includes NTX Logic Controller- Programmable Logic Controller application for the NTX-series that includes: NTU Logic Run-Time License included for ACS or customer develope algorithms to be run on the System Controller in any NTX series equipped. See option 10 for NTX Logic Development Software Licen C/N 5080. NTX220 Local I/O Controller, P/N 050235 for digital and analog input scanning - for up to 96 Analog Inputs (6 AIMs) or 192 Digi Inputs (6 DIMs) or any combination of modules in the 6 available slots. Mounted on top of the NTX System Controller Node. NTX Ethernet/Quad-Serial Gateway Node with Termination Module, P/N AS545008/DA050224, F/W P05-0105, with One 10/100baseT DNP3 and/or Modbus RTU over TCP/IP or UDP Ethernet Port, configurable up to 64 IP clients, servers, or multiples of both. Includes Four configurable isolated EIA 561 RS-232 DTE/485 RJ45 serial ports, with DNP 3.0, and Modbus RTU primary/secondary protocols, Cooper 2179 primary IED protocol and ACS7000, Harris 6000, L&G8979, SC-1801, & SCOMD secondary protocols for master communications. Select the appropriate serial interface cable from optional items 2 or 3 or RS485 option 4. 32-bit ARM9E CPU running under an embedded version of Linux operating system. NTX Binary Output Controller, P/N AS545016/050243 using an isolated 16 x 16 Binary Output relay driver Interface - for up t External mounted control relay Interfaces. Two Spare NTX Gateway Node Slot available 96 Digital Input points using NTX Card File Mounted 32 Digital I modules, AS545035/DA050410 x 3, SOE / Status / Accumulators, with 37-pin connectors for every 32 contact inputs Ï NTX-220 supplied isolated 24Vdc wetting voltage. Advanced Control Systems 4.3-002-004Nov., 197610June 24, 2010 Form ID: Orig. Date: Revision: Date: EXHIBIT 1 Page 3 of 6 ItemQtyDescriptionUnit PriceTotal 32-point Digital Input Module Interface Cable, AA400374 X 3, length to fit from NTX card file digital module to the first 32- Terminal block assembly and AA101268 X 3 to a second respective 32 pole terminal block assemblies. 32-point Terminal Block Assembly for each 16 digital inputs, P/N DA040310 x 6 32 pole compression terminal blocks with LED Contact State Indicators. Din rail mounted. Three Spare NTX I/O Slots available Two 8-pt Relay Latching Module, 16 Latch relay outputs, DA075075 x 2, 2 form C contacts per relay rated at 10A @ 277Vac / 10A @ 32Vdc, DIN rail mounted. 32 Momentary Output Relays (16 T/C Pairs) using 8 point Control Relay Output Modules (10A, 150Vdc rated contacts), P/N DA075069 4 DIN rail mounted. NTX Power Supply, P/N 540100, 125Vdc/115Vac input with 24Vdc output for contact wetting and control output relay drivers and logic power. Card Cage Mounted with Power Panel AS545043 for 130Vdc. For 19" Rack Mounting in customer supplied 90" equipment rack. Includes complete assembly and system level testing of complete custom NTX-220 drawings. NTX Explorer Configuration & Diagnostic USB Serial Cable Ï 10', Cable, Type A-5 pin (mini-B). C/N 4194 NTU CDRom with all instruction manuals and literature on substation systems products. $442,225 Subtotal Shipping & Handling Prepay, Invoiced at Cost, Min $20 $442,225 Total System Options All Optional Items priced for inclusion with Item #1 & #2 only 21$79 As Required NTX Option: NTX-200 Series Serial Port Communications Interface - RJ-45 to 25 pin (M) RS232 DTE/DCE, AA401398 31$79 As Required NTX Option: NTX-200 Series Serial Port Communications Interface - RJ-45 to 9 pin (M) R232 DTE/DCE, AA401489 41$110 As Required NTX Option: NTX-200 Series Serial Port Communications Interface - RJ-45 to RJ-8A Weidmuller for RS-485, AA401509 51$183 As Required NTX Option: GPS Antenna with GPS Satellite Time Base Unit with 6-pin male Mini-DIN connector and 5 meter cable, P/N AA543020. 61$38 As Required NTX Option: GPS Antenna extension cable, StarTech 6-pin PS/2 Mini Din Extension Cable, 25 foot cable lengths with up to 100 foot extension cable length maximum. P/N KXT102_25 Advanced Control Systems 4.3-002-004Nov., 197610June 24, 2010 Form ID: Orig. Date: Revision: Date: EXHIBIT 1 Page 4 of 6 ItemQtyDescriptionUnit PriceTotal 71$6,475 As Required NTX Option: Add BASE NTX-220 components consisting of: Base NTX-220 Electronics Card Cage, P/N CF545051, 19" W x 5.25" D, 19" rack mounted. NTX-220 System Controller Node with Termination, P/N AS545037/DA050205. Includes NTX Logic Controller- Programmable Logic Controller application for the NTX-series, C/N 5080. NTX220 Local I/O Controller, P/N 050235 NTX Power Supply, P/N 540100, 125Vdc/115Vac. Card Cage Mounted with Power Panel AS545043 for 130Vdc. 81 NTX Option: Add NTX Ethernet/Quad-Serial Gateway Node with $1,525 As Required Termination Module, P/N AS545008/DA050224, F/W P05-0105, with One 10/100baseT DNP3 and/or Modbus RTU over TCP/IP or UDP Ethernet P configurable for up to 64 IP clients, servers, or multiples of both. Includes Four configurable isolated EIA 561 RS-232 DTE/485 RJ45 serial ports, with DNP 3.0, and Modbus RTU primary/secondary protocols, Cooper 2179 primary IED protocol and ACS7000, Harris 6000, L&G8979, SC-1801, & SCOMD secondary protocols for master communications. Select the appropriate serial interface cable from optional items 2 or 3 or RS485 option 4. 32-bit ARM9E CPU running under an embedded version of Linux operating system. 91 NTX Option: Add NTX Binary Output Controller, P/N AS545016/050243 $920 As Required using an isolated 16 x 16 Binary Output relay driver Interface - 256 External mounted control relay Interfaces. 101 NTX Option: Add 16 Analog Inputs using Card File Mounted 16 Anal$2,779 As Required Inputs (AS545034/DA050417 X 1, (0 ± 1mA), with two 26-pin connectors for every 8 plus, minus, and EG Shield terminations to terminal assemblies itemized below. Groups of 16 inputs with full 16-bit group supported. Includes 16-point Analog Input Module Interface Cable, P/N DA543019 X 2, DB25F to Terminal Block assembly, length to fit from NTX-300 analog modules to respective 24 pole terminal block assemblies. Includes 16-point Terminal Block Assembly for each 8 analog inputs, P/N AS545032 x 2 24 pole removable compression terminal block assemb 111 NTX Option: Add/Delete 32 Digital Input Points using one NTX Card File $1,615 As Required Mounted 32 Digital Inputs, AS545035/DA050410 x 1, SOE / Status / Accumulators, with 37-pin connectors for every 32 contact inputs 200 supplied isolated 24Vdc wetting voltage or optional customer DC Battery voltage 48 or 130Vdc supported. Includes 32-point Digital Input Module Interface Cable, DA543019 X 1, length to fit from NTX card file digital module to up to two respective 32 pole terminal block assemblies. Includes 32-point Terminal Block Assembly for each 16 digital in AS545033 x 2 32 pole removable compression terminal blocks. Din mounted. Advanced Control Systems 4.3-002-004Nov., 197610June 24, 2010 Form ID: Orig. Date: Revision: Date: EXHIBIT 1 Page 5 of 6 ItemQtyDescriptionUnit PriceTotal 121 NTX Option: Add/Delete External 8 Latching Relay Module, P/N DA075075, $717 As Required including DIN Rail Mounting & Interface Ribbon Cable. 131 NTX Option: Add/Delete External 8 Momentary Relay Module, P/N $612 As Required DA075069, including DIN Rail Mounting & Interface Ribbon Cable. 141 NTX Option: Bell 202 Modem, FSK, AS545045 / DA050461.$725 As Required ACS card file mounted Bell 202 Modem using one Analog or Digita Module Slot. Includes isolated Radio Keying PTT output and seria interface cable. 151 NTX Option: NTX Logic Editor Software license CustomerÔs per-PC installation charge for the customer to devel own NTX Logic Applications. The Logic Editor is a complete programming environment used to develop highly portable applications. It fully supports IEC 61131 and IEC 61499 programming languages. The Logi Editor also provides tools for editing, debugging, code generation, documentation, library management, archiving, on-line monitoring line simulation and on-line changes. The licenses are based on amount of actual I/O needed. There is no limit to the number of internal tags used in a program. Fully IEC 61131 compliant software that supports: SPC: Sequential Function Chart FBD: Function Block Diagram LD: Ladder Diagram IL: Instruction List FC: Flow Chart 32 I/O Version $276 As Required 128 I/O Version $830 As Required 256 I/O Version $1,107 As Required Unlimited I/O Version $2,675 As Required 16Lot$ 1,680 per day$5040 Minimum Option: On-site installation, configuration, and site commissioning assistance by an ACS Engineer/Technician (minimum Three days including travel time plus travel & living expenses) Expenses estimated for On-site assistance at $ 2,500 Ï To be Bil Estimate $2,500 Billed at Cost Advanced Control Systems 4.3-002-004Nov., 197610June 24, 2010 Form ID: Orig. Date: Revision: Date: EXHIBIT 1 Page 6 of 6 ItemQtyDescriptionUnit PriceTotal Supplemental Terms & Conditions of Sales 1. System Delivery ·A standard PRISM system lead-time is 120 days ARO or sooner. ·System services will be performed remotely, if possible. For On- cost ·A premium (a fee equal to a percentage of the quoted total price ·Requests for expedited delivery under 80 days will be addressed ·All expedite processes must be authorized in writing, and cannot ·If ACS does not meet the required delivery, the expedite premium 2. Parts Delivery ·Normal parts lead-time is 30 days ARO. ·A premium (a fee equal to a percentage of the quoted total price ·Parts orders that require next day delivery will be billed at a +20% premium, with a minimum adder of $100. ·Shipment of parts not in stock will be addressed on a case-by-case basis. ·All expedite processes must be authorized in writing, and cannot be ca ·If ACS does not meet the required delivery, the expedite premium 3. NTU Delivery ·Normal NTU (RTU) lead-time is 90 to 120 days ARO or sooner. ·A premium (a fee equal to a percentage of the quoted total price ·Requests for expedited delivery between 30 and 60 days will require a premium of +20% with a minimum adder of $500. ·Requests for expedited delivery to less than 30 days will require a premium of +50% with a minimum adder of $3,000. ·Orders for expedited delivery to 60-90 days will be addressed on ·All expedite processes must be authorized in writing, and cannot ·If ACS does not meet the required delivery, the expedite premium 4. IED Profiles ·Each IED device profile qualified by ACS is based on informationversions ·An IED vendor may change their specific device profile from the original profile that ACS has implement ·In such a case, the customer is responsible for notifying ACS and coordinating with the IED ven ·In the case where device protocol or profile re-certification is required, ACS will work closely with the customer and the IEDvendor. ·Either the customer or IED vendor will be responsible for the co of any additional profile work determined not to be the fault of ACS. ·Any errors or omissions in the profile at the fault of ACS will 5. Shipping & Handling ·Standard shipping within the continental US is typically 5-7 bus ·A shipping & handling fee of $35 will be added to each small package shipment. No separate freight invoice will be submitted. ·Packages exceeding $35 freight charges will be billed at cost, or fixed pre-quoted cost if applicable. ·Charges for premium shipping (next day morning delivery, afterno DEVICES AND DOCUMENTATION:PURCHASE ORDERS: Advanced Control Systems, Inc.Advanced Control Systems, Inc. 2755 Northwoods Parkway2755 Northwoods Parkway Norcross, Georgia 30071Norcross, Georgia 30071 Attn: IED Certification LaboratoryAttn: Order Entry Team Email:ACS.Order.Entry.Team@efacec.com This quotation contains proprietary information. The above quotation is valid for ninety (90) days. All prices ar All purchase orders should be mailed to the above address. Pleas By: M. Clint Cowan Title: Substation Systems Manager, Sales & Marketing For: Dan Brennan Title: Sales Director Advanced Control Systems 4.3-002-004Nov., 197610June 24, 2010 Form ID: Orig. Date: Revision: Date: EXHIBIT 2 EXHIBIT 3 DRAFT MINUTES PUBLIC UTILITIES BOARD June 23, 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, June 23, 2014 at 9:01 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Phil Gallivan, Leonard Herring, Barbara Russell and Lilia Bynum Ex Officio Members: Howard Martin, ACM Utilities and George Campbell City Manager Absent: Vice Chair Billy Cheek and Secretary Randy Robinson OPEN MEETING: CONSENT AGENDA: 1.Consider a recommendation for approval of a multi-year contract with Advanced Control Systems (ACS) for the purchase of twenty-five (25) Remote Terminal Units (RTU) used to communicate from the substation, through the main SCADA processer, to the NERC data to the System Operators to keep them aware of the status of substation, and other critical devices, operational status. The data supplied through the RTUs is required to stay compliant with NERC and ERCOT requirements. Motion was made to approve item 1 by Board Member Russell with the second by Board Member Bynum. The vote was 5-0 approved. Adjournment 10:16 a.m. EXHIBIT 4 ORDINANCE NO. 2014-_____ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE PURCHASE OF A TWENTY-FIVE (25) NTX-220 SUBSTATION CONTROLLER REMOTE TERMINAL UNITS (RTU) FOR DENTON MUNICIPAL ELECTRIC, WHICH ARE AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5526 AWARDED TO ADVANCED CONTROL SYSTEMS IN A NOT-TO-EXCEED AMOUNT OF $480,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 5526 Advanced Control Systems $480,000 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. EXHIBIT 4 SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5526 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2014. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0324 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/29/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance awarding a contract for the pu related services for Denton Municipal Electric (DME) substations the State of Texas Department of Information Resources (DIR) thr Contract Number DIR-SDD-1722; providing for the expenditure of f effective date (File 5233 awarded to STS 360, LLC in a not to ex Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Quote Exhibit 2 - PUB Minutes Exhibit 3 - Ordinance DateVer.Action ByActionResult AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:July 15, 2014 SUBJECT Consideradoptionofanordinanceawardingacontractforthepurchaseofsecurityproductsandrelated servicesforDentonMunicipalElectric(DME)substationsandstoragefacilitiesasawardedbytheStateof TexasDepartmentofInformationResources(DIR)throughtheGoDIRectProgram,ContractNumberDIR- SDD-1722;providingfortheexpenditureoffundsthereforandprovidinganeffectivedate(File5233awarded to STS 360, LLC in a not to exceed amount of $180,000). FILE INFORMATION DentonMunicipalElectric(DME)hasanextensivenetworkofvideosurveillancecamerastomonitorits existingsubstations,DMEcampusbuildings,poleyard,andstoragefacilities.TheproposedcontractwithSTS 360,LLC,willprovideforthepurchaseofsecurityproductsandrelatedservicestomonitorsubstations currentlyunderconstructionandsubstationsscheduledforconstructionoverthenextthree(3)years.The proposedcontractwillalsoallowDMEtoupgradeitsexistingvideosurveillancecamerasandrelated equipmentinitsexistingfacilities.Currently,DMEestimatesthatitwillbeconstructingtwo(2)new substations per year for the next three (3) years. City of DentonPage 1 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0324,Version:1 TheCityofDentonhaspreviouslyutilizedtheStateofTexasDepartmentofInformationResources(DIR) ContractNumberDIR-SDD-1722forsurveillancesystemsatvariousCitybuildings.Tomaximizeefficiency andcost,andprovidestandardizationofequipment,DMEisrecommendingthepurchaseofthisequipment from STS 360, LLC. PricingobtainedthroughtheDIRcontractofferspercentagediscountsforspecificmanufacturers.The substationequipmentprimarilyusesGeoVisionbrandequipment,whichisdiscounted34.5%offthe manufacturerssuggestedretailprice(MSRP).Exhibit1showstheitemizedpricingforthecomponentsneeded foreachsubstation.ThecurrentDIRcontractisvalidthroughOctober13,2014withanadditionaloptionto renew through October 13, 2015. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) OnJune23,2014,thePublicUtilitiesBoardrecommendedapprovaltoforwardthisitemtotheCityCouncil for consideration. RECOMMENDATION ApprovetheawardofacontractforthepurchaseofsecurityproductsandrelatedservicesforDenton MunicipalElectric(DME)substationsandstoragefacilitiesawardedtoSTS360,LLCinanottoexceed amountof$180,000.The$180,000amountisbasedonthethree(3)yearprojectedcostforcurrentandfuture substations. PRINCIPAL PLACE OF BUSINESS STS 360, LLC Plano, TX ESTIMATED SCHEDULE OF PROJECT Thiscontract,DIR-SDD-1722,willexpireonOctober13,2014.TheDepartmentofInformationResourceshas theoptiontorenewforone(1)oneadditionalyearthroughOctober13,2015andisexpectedtorenewthis contract. FISCAL INFORMATION AllpurchasesrelatedtothiscontractwillbepaidforthroughtheSubstationSecurityProjectaccount 603355500.1350.3970. Purchase orders will be issued for individu EXHIBITS Exhibit 1: STS 360, LLC Quote Exhibit 2: Public Utilities Board Draft Minutes Exhibit 3: Ordinance City of DentonPage 2 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0324,Version:1 Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Phil Willi City of DentonPage 3 of 3Printed on 7/11/2014 powered by Legistar" EXHIBIT 1 EXHIBIT 1 EXHIBIT 2 DRAFT MINUTES PUBLIC UTILITIES BOARD June 23, 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, June 23, 2014 at 9:01 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Phil Gallivan, Leonard Herring, Barbara Russell and Lilia Bynum Ex Officio Members: Howard Martin, ACM Utilities and George Campbell City Manager Absent: Vice Chair Billy Cheek and Secretary Randy Robinson OPEN MEETING: CONSENT AGENDA: 2.Consider a recommendation of approval awarding a contract with STS 360, LLC, for the purchase of security products and related services for Denton Municipal Electric (DME) substations and storage facilities as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1722; providing for the expenditure of funds therefor and providing an effective date (File 5233 awarded to STS 360, LLC in a not to exceed amount of $180,000). Motion was made to approve item 2 by Board Member Russell with the second by Board Member Bynum. The vote was 5-0 approved. Adjournment 10:16 a.m. EXHIBIT 3 ORDINANCE NO. 2014- _______ AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF SECURITY PRODUCTS AND RELATED SERVICES FOR DENTON MUNICIPAL ELECTRIC (DME) SUBSTATIONS AND STORAGE FACILITIES AS AWARDED BY THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) THROUGH THE GO DIRECT PROGRAM, CONTRACT NUMBER DIR-SDD-1722; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (FILE 5233 AWARDED TO STS 360, LLC IN A NOT TO EXCEED AMOUNT OF $180,000). WHEREAS, pursuant to Resolution 92-019, the State of Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the State of Texas Department of Information Services Go Direct Program at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMER VENDOR AMOUNT 5233 STS 360, LLC $180,000 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the State of Texas Department of Information Services Go Direct Program for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the State of Texas Department of Information Services Go Direct Program, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the State of Texas Department of Information Services Go Direct EXHIBIT 3 Program, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the State of Texas Department of Information Services Go Direct Program, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2014. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0328 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance releasing, abandoning, and vac Drainage Easement granted to the City of Denton, Texas, by Holig 3, 2005 and recorded as Instrument No. 2005-140640, Real Propert Texas, and (b) a 1.1844 acre Public Drainage Easement granted to Holigan Development, Ltd. on November 3, 2005, and recorded as I Property Records, Denton County, Texas (the 0.131 acre Public Dr acre Public Drainage Easement are collectively referred to as th located in the Gideon Walker Survey, Abstract No. 1330, Denton C effective date. Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Location Map Exhibit 2 - Document #140641 0.131 Acre Easement Exhibit 3 - Document #140640 1.1844 Acre Easement Exhibit 4 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Engineering Services CM/ ACM:Jon Fortune Date:July 15, 2014 SUBJECT Consideradoptionofanordinancereleasing,abandoning,andvacating(a)a0.131acrePublicDrainage EasementgrantedtotheCityofDenton,Texas,byHoliganDevelopment,Ltd.onNovember3,2005and recordedasInstrumentNo.2005-140640,RealPropertyRecords,DentonCounty,Texas,and(b)a1.1844acre PublicDrainageEasementgrantedtotheCityofDenton,Texas,byHoliganDevelopment,Ltd.onNovember 3,2005,andrecordedasInstrumentNo.2005-140641,RealPropertyRecords,DentonCounty,Texas(the 0.131acrePublicDrainageEasementandthe1.1844acrePublicDrainageEasementarecollectivelyreferredto astheDrainageEasementsandarelocatedintheGideonWalkerSurvey,AbstractNo.1330,DentonCounty, Texas); declaring an effective date. BACKGROUND City of DentonPage 1 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0328,Version:1 VOC1B,LLC.,owneranddeveloperoftheVillagesofCarmel,PhaseBDevelopmenthasmadeaformal requestfortheCityofDentontoabandonthe0.131acreand1.1844acrePublicDrainageEasementsthat encumberitsplanneddevelopment.Bothrequestedabandonmentareasweredesignedastransitional easementswithtemporarydrainageimprovements.Thetemporarydrainageimprovementsallowedtheplanned developmenttobeconstructedinphases.Asnewphaseshavebeenconstructed,permanentpublic improvementshavebeencompletedtoaddressdevelopmentalrequirements.Thosepublicimprovementshave beenapprovedandacceptedbytheCityofDenton.TheDevelopmentReviewCommitteehasreviewedthe abandonment request and recommends approval of the request. Staff performs an analysis on the request for easement abandonme Are the easement tracts requested for abandonment considered ex Do the easement tracts that are requested for abandonment have a Isitinthebestinterestofthegeneralpublictoabandonthegovernmentsrightsinthesubject abandonment tracts? Would the granting of this request establish a precedent for eas Staff findings on this analysis are as follows: 1.Therequestedeasementabandonmenttractsfitthecriteriaofexcesseasement.Excesseasementis definedas:PropertyacquiredorusedbytheCityforeasementsubsequentlydeclaredexcess(notneededfor anypublicproject,thecontinuationofoperationandmaintenanceofpublicfacilities,and/ornoforeseeable utility application in the future). 2.The easement abandonment tracts are not slated for utilization f 3.Theeasementabandonmentsareinthepublicinterest,becausetheareasforthesubjectabandonments are no longer needed by the public and/or have not been utilized 4.These abandonments will not set precedent because the above thre OPTIONS 1.Recommend approval of the Ordinance. 2.Do not recommend approval. RECOMMENDATION Staff recommends approval of the Ordinance. ESTIMATED SCHEDULE OF PROJECT Summer 2014 PRIOR ACTION/REVIEW (Council, Boards, Commissions) Development Review Committee Approval FISCAL INFORMATION Not applicable. EXHIBITS Exhibit 1 - Location Map Exhibit 2 - Document #140641 - 0.131 Acre Easement Exhibit 3 - Document #140640 - 1.1844 Acre Easement City of DentonPage 2 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0328,Version:1 Exhibit 4 - Ordinance Respectfully submitted: John Davis Director of Engineering Services Prepared by: Mark A. Laird Right-of-way Agent Real Estate and Capital Support City of DentonPage 3 of 3Printed on 7/11/2014 powered by Legistar" OAK SYCAMORE PRAIRIE DENTON DOWNTOWN MORSE NTS Site FOX LOCATION MAP Exhibit 1 to the CC AIS DentonCurrent datetime: 10/10/2012 3:35:06 PM DETAILS REPORT **Note: report is Sorted in Ascending Order by Recorded Date, Document Number Doc#Type Desc.Instr. DateBook/Vol/PagFile DateConsideration e 140641EASEMENT09/30/200511/10/2005 GrantorGrantee HL DEV LLC , HOLIGANDENTON CITY LAND DEV LTD P/S Volume/CabinetPageLotBlockDescription ReferencesDescriptionRecorded year Book/Vlm/Page EASEMENT DentonCurrent datetime: 10/10/2012 3:35:05 PM DETAILS REPORT **Note: report is Sorted in Ascending Order by Recorded Date, Document Number Doc#Type Desc.Instr. DateBook/Vol/PagFile DateConsideration e 140640EASEMENT09/30/200511/10/2005 GrantorGrantee HL DEV LLC , HOLIGANDENTON CITY LAND DEV LTD P/S Volume/CabinetPageLotBlockDescription ReferencesDescriptionRecorded year Book/Vlm/Page EASEMENT City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0331 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance of the City of Denton, Texas a designee to make an offer to purchase and execute a Contract of Properties, LLC, (the "Owner"), its successors in interest, or a and the City of Denton regarding the sale by Owner and purchase consisting of 15.037 acres, being situated in the J. Haney Surve Denton, Denton County, Texas, located generally south of FM 1173 for the public use of expansion, construction, maintenance, oper transmission and distribution lines, facilities, and structures, price as prescribed in the Contract of Sale; authorizing the Cit offer to purchase the property interest from Owner for such purc any and all other documents necessary to accomplish closing of t Contract of Sale; authorizing the expenditure of funds, therefor Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Ordinance & Contract Exhibit 2 - Property Appraisal DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Denton Municipal Electric (DME) ACM:Howard Martin, 940-349-8232 DATE:July 15, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,TexasauthorizingtheCityManagerorhisdesignee tomakeanoffertopurchaseandexecuteaContractofSale,byandbetweenMcKee-KrumProperties,LLC, (the"Owner"),itssuccessorsininterest,oranyotherswithanownershipinterest,andtheCityofDenton regardingthesalebyOwnerandpurchasebytheCityofafeeinterestinlandconsistingof15.037acres,being situatedintheJ.HaneySurvey,AbstractNo.515,intheCityofDenton,DentonCounty,Texas,located generallysouthofFM1173andeastofMaschBranchRoad,forthepublicuseofexpansion,construction, maintenance,operation,andimprovementofelectrictransmissionanddistributionlines,facilities,and structures,aswellassubstationsforthepurchasepriceasprescribedintheContractofSale;authorizingthe CityManager,orhisdesignee,tomakeanoffertopurchasethepropertyinterestfromOwnerforsuchpurchase price,andexecuteanddeliveranyandallotherdocumentsnecessarytoaccomplishclosingofthetransaction contemplated by the Contract of Sale; authorizing the expenditur City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0331,Version:1 BACKGROUND InaccordwiththecurrentDMEElectricSubstationRe-buildprojectinitiative,DMEstaffisundertakingthe identificationoftheadditionallandrightsnecessarytoaccommodatetheconstructionandoperationof improvementstotheelectrictransmissionanddistributionsystems.InrespecttothetractownedbyMcKee- KrumProperties,LLC,theprojectrequiresthefeesimpleacquisitionofa15.037-acretractoflandto accommodatetheelectricutilitiesandelectricsubstationinfrastructuretobeconstructed.Approvalofthe ordinanceunderconsiderationauthorizesstafftopurchasethe15.037-acretract,andtoproceedtoclosingthe purchase transaction. OPTIONS 1.Approval of the land purchase and ordinance. 2.Do not approve the land purchase and ordinance, and provide staf RECOMMENDATION DME staff recommends approval of the land purchase and ordinance PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB has approved the site and purchase of the tract. FISCAL INFORMATION ThisprojectisfundedthroughtheissuanceofGeneralObligationBonds,whichwillbepaidbyTransmissionRevenuereceivedfrom all other electric utilities who are members of the Electric Rel EXHIBITS 1.Ordinance, Contract, Survey 2.Appraisal Respectfully submitted: Phil Williams General Manager, DME Prepared by: Smith Day Compliance Manager City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" Exhibit 1 Exhibit 1000001 Exhibit 1 Exhibit 1000002 Exhibit 1 Exhibit 1000003 Exhibit 1 Exhibit 1000004 Exhibit 1 Exhibit 1000005 Exhibit 1 Exhibit 1000006 Exhibit 1 Exhibit 1000007 Exhibit 1 Exhibit 1000008 Exhibit 1 Exhibit 1000009 Exhibit 1 Exhibit 1000010 Exhibit 1 Exhibit 1000011 Exhibit 1 Exhibit 1000012 Exhibit 1 Exhibit 1000013 Exhibit 1 Exhibit 1000014 Exhibit 1 Exhibit 1000015 Exhibit 1 Exhibit 1000016 Exhibit 1 Exhibit 1000017 Exhibit 1 Exhibit 1000018 Exhibit 1 Exhibit 1000019 Exhibit 1 Exhibit 1000020 Exhibit 1 Exhibit 1000021 Exhibit 1 Exhibit 1000022 Exhibit 1 Exhibit 1000023 Exhibit 1 Exhibit 1000024 Exhibit 1 Exhibit 1000025 Exhibit 1 Exhibit 1000026 Exhibit 2 AWHOLEACQUISITION APPRAISALREPORT ProposedWholeAcquisition PREPAREDFOR: EFFECTIVEDATEOFTHEAPPRAISAL: IRRDFW,LLP NTEGRAEALTYESOURCES FILENUMBER: Exhibit 2000001 Exhibit 2 IntegraRealtyResources930WestFirstStreetT817.332.5522 DFWSuite400F817.336.1621 FortWorth,TX76102www.irr.com $187,963 Allison Whitehead, Analyst Gregory B. Cook, SR/WA, Senior Managing Director Certified General Real Estate AppraiserGeneral Real Estate Appraiser Trainee Certificate # TX-1329987Certificate # TX-1340037-Trainee Exhibit 2000003 Exhibit 2 McKeeKrumProperties,LLCPropertyTableofContents TABLEOFCONTENTS PAGENO SSFC................................................................................................................................1.1 UMMARYOFALIENTACTSANDONCLUSIONS 1GI&SW ............................................................................................................................................................................... 1.2 ENERALNFORMATIONCOPEOFORK IdentificationofSubjectandProject................................................................1.2 RealEstateTaxAssessment................................................................1.3 InspectionInformation,EffectiveDateandDateofReport................................................................1.3 IdentificationoftheClient................................................................1.3 ObjectiveoftheAssignment................................................................1.4 ExtraordinaryAssumptions................................................................1.4 HypotheticalConditions................................................................1.5 AnalysisOverview................................................................1.5 PersonalPropertyandTradeFixtures................................................................1.6 SurroundingAreaAnalysis................................................................1.7 2WPD ............................................................................................................................................................................................... 2.1 HOLEROPERTYESCRIPTION DescriptionandAnalysisoftheLand................................................................2.1 FIRM(FEMA)Map................................................................2.2 TaxMap................................................................2.3 Topography(CityofDentonMaps)................................................................2.4 RailroadCommissionMap................................................................2.5 CityofDentonUtilityMaps................................................................2.6 Zoning................................................................2.7 FutureLandUse/ComprehensivePlan................................................................2.8 SubjectPhotos(TakenJune9,2014)................................................................2.9 OtherLegalandRegulatoryConstraints................................................................2.10 3WPA ..................................................................................................................................................................................................... 3.1 HOLEROPERTYNALYSIS ValuationMethodologyWholeProperty................................................................3.1 HighestandBestUseAnalysesWholeProperty................................................................3.2 LandValuationWholeProperty................................................................3.3 ReconciliationandConclusionofValue................................................................3.9 4CCS ............................................................................................................................................................................. 4.1 ONCLUSIONANDOMPENSATIONUMMARY A DDENDA ©2014IRR BYNTEGRAEALTYESOURCES Exhibit 2000004 Exhibit 2 McKeeKrumProperties,LLCPropertySummaryofSalientFactsandConclusions SSFC UMMARYOFALIENTACTSANDONCLUSIONS AppraisalSummary WholeProperty @ ParttobeAcquired RemainderProperty NetDamages/Enhancements TemporaryEasements(seeanalysisherein) TotalCompensation Total$187,963 Page1.1 Exhibit 2000005 Exhibit 2 McKeeKrumProperties,LLCPropertyGeneralInformation&ScopeofWork GENERALINFORMATION&SCOPEOFWORK 1. ISP DENTIFICATIONOFUBJECTANDROJECT SubjectLandAreas WholeProperty TotalWholeProperty655,012SF15.037 PartAcquired TotalPartAcquiredinFee655,012SF15.037 RemainderProperty TotalRemainderPropertyNoneWholeAcquisition COSH URRENTWNERSHIPANDALESISTORY UniformStandardsofProfessionalAppraisalPractice(USPAP) P1.2 AGE Exhibit 2000006 Exhibit 2 McKeeKrumProperties,LLCPropertyGeneralInformation&ScopeofWork RETA EALSTATEAXSSESSMENT 61204 PropertyTaxIDNumber(s) LandAssessment BuildingAssessment TotalAssessment AgriculturalExemption TaxRate IndicatedTaxLiability II,EDDR NSPECTIONNFORMATIONFFECTIVEATEANDATEOFEPORT PrimaryContactAlternateContact Name Address City,State,Zip Phone1 Phone2 PSPS RIORUBJECTROPERTYERVICES IC DENTIFICATIONOFTHELIENT P1.3 AGE Exhibit 2000007 Exhibit 2 McKeeKrumProperties,LLCPropertyGeneralInformation&ScopeofWork IUIU NTENDEDSERSANDNTENDEDSE OA BJECTIVEOFTHESSIGNMENT ARO PPRAISALEPORTPTION EA XTRAORDINARYSSUMPTIONS P1.4 AGE Exhibit 2000008 Exhibit 2 McKeeKrumProperties,LLCPropertyGeneralInformation&ScopeofWork JE URISDICTIONALXCEPTIONS USPAP CLLP ASEAWANDEGISLATIVERECEDENTS HC YPOTHETICALONDITIONS AO NALYSISVERVIEW o WholeProperty 1 UniformStandardsofProfessionalAppraisalPractice,20142015Ed.,{WÒ©z7z-·z9ã-;¦·zu|Washington,D.C.:TheAppraisalFoundation,2013. 2 Whitev.NaturalGasPipelineCompanyofAmerica,444S.W.2d298,301(Tex.1969) 3 TheDictionaryofRealEstateAppraisal,FifthEdition.Chicago,IL:AppraisalInstitute,2010.(Dictionary) P1.5 AGE Exhibit 2000009 Exhibit 2 McKeeKrumProperties,LLCPropertyGeneralInformation&ScopeofWork PPTF ERSONALROPERTYANDRADEIXTURES Codeof FederalRegulations(CFR),Title49Transportation,Section24.103(a)(1), DescriptionandAnalysisofthe LandDescriptionandAnalysisoftheImprovements P1.6 AGE Exhibit 2000010 Exhibit 2 McKeeKrumProperties,LLCPropertySurroundingAreaAnalysis SAA URROUNDINGREANALYSIS B OUNDARIES Surrounding Area Map Subject Subject Page1.7 Exhibit 2000011 Exhibit 2 McKeeKrumProperties,LLCPropertySurroundingAreaAnalysis AL CCESSANDINKAGES Access and Linkages Map Subject Subject 1 SurroundingAreaAccess&Linkages PrimaryNorthSouthAccess: PrimaryEastWestAccess: MajorStreets: Page1.8 Exhibit 2000012 Exhibit 2 McKeeKrumProperties,LLCPropertySurroundingAreaAnalysis PS UBLICERVICES DG EMANDENERATORS TheUniversityofNorthTexas Texas7®¬ ²University RayzorRanch TexasHealthPresbyterianHospitalDenton 4 University of North Texas, www.unt.edu 5 Texas Woman’s University, www.twu.edu 6 Rayzor Ranch, www.rayzorranch.com 7 Texas Health Presbyterian Hospital Denton, www.texashealth.org/landing.cfm?id=2928&fr=true Page1.9 Exhibit 2000013 Exhibit 2 McKeeKrumProperties,LLCPropertySurroundingAreaAnalysis DentonRegionalMedicalCenter DowntownDenton 9 . Demand Generators Map 8 Denton Regional Medical Center, www.dentonregional.com 9 Denton Economic Development Partnership, www.dentonedp.com Page1.10 Exhibit 2000014 Exhibit 2 McKeeKrumProperties,LLCPropertySurroundingAreaAnalysis DF EMOGRAPHICACTORS SurroundingAreaDemographics DentonDallasFortWorth 2013EstimatesSurroundingAreaArlington,TXMSAStateofTexas Population201099,5686,371,77325,145,561 Population2013104,4886,709,15526,297,471 Population2018112,8247,285,30928,333,086 Compound%Change201020130.4%0.4%0.3% Compound%Change201320181.5%1.7%1.5% Households201038,1392,298,4988,922,933 Households201340,6102,415,5369,336,438 Households201844,4422,622,16710,072,867 Compound%Change201020130.5%0.4%0.3% Compound%Change201320181.8%1.7%1.5% MedianHouseholdIncome2013$39,586$55,018$48,646 AverageHouseholdSize2.42.82.8 CollegeGraduate%34%31%26% MedianAge293434 OwnerOccupied%42%61%64% RenterOccupied%58%39%36% alue$143,030$150,292$129,329 MedianOwnerOccupiedHousingV MedianYearStructureBuilt198619861983 Avg.TravelTimetoWorkinMin.252927 Source:Claritas Page1.11 Exhibit 2000015 Exhibit 2 McKeeKrumProperties,LLCPropertySurroundingAreaAnalysis LU ANDSE SurroundingAreaLandUses DAT EVELOPMENTCTIVITYANDRENDS SurroundingAreaDevelopmentActivity Name/AddressPropertyTypeSize/UnitsStatus Rayzor Ranch Town Center I-35 & University Dr. Retail 600,000 SF Planned 10 Denton 10 REISNewConstructionListing,8April2013,www.reis.com Page1.12 Exhibit 2000016 Exhibit 2 McKeeKrumProperties,LLCPropertySurroundingAreaAnalysis OC UTLOOKANDONCLUSIONS Surrounding Area Attribute Ratings Highway Access Average Demand Generators Average Convenience to Support Services Average Convenience to Public Transportation Average Employment Stability Average Police and Fire Protection Average Property Compatibility Average General Appearance of Properties Average Appeal to Market Average Barriers to Competitive Entry Average Price/Value Trend Average Page1.13 Exhibit 2000017 Exhibit 2 McKeeKrumProperties,LLCPropertyWholePropertyDescription WHOLEPROPERTYDESCRIPTION 2. DAL ESCRIPTIONANDNALYSISOFTHEAND LegalDescription PF HYSICALEATURES LandArea WholeProperty TotalWholeProperty655,012SF15.037 Configuration Topography Drainage FloodZone FloodInsurance U TILITIES S,A,F TREETSCCESSRONTAGE Page2.1 Exhibit 2000018 Exhibit 2 McKeeKrumProperties,LLCPropertyWholePropertyDescription FIRM(FEMA)M AP Subject Subject Page2.2 Exhibit 2000019 Exhibit 2 McKeeKrumProperties,LLCPropertyWholePropertyDescription TM AXAP Subject Subject Page2.3 Exhibit 2000020 Exhibit 2 McKeeKrumProperties,LLCPropertyWholePropertyDescription T(CDM) OPOGRAPHYITYOFENTONAPS Subject Subject Page2.4 Exhibit 2000021 Exhibit 2 McKeeKrumProperties,LLCPropertyWholePropertyDescription RCM AILROADOMMISSIONAP Subject Subject Page2.5 Exhibit 2000022 Exhibit 2 McKeeKrumProperties,LLCPropertyWholePropertyDescription CDUM ITYOFENTONTILITYAPS Subject Subject Subject Subject Page2.6 Exhibit 2000023 Exhibit 2 McKeeKrumProperties,LLCPropertyWholePropertyDescription Z ONING ZONINGSUMMARY ZoningJurisdiction ZoningDesignation Description PermittedUses Source:CityofDentonPlanning andZoning ZM ONINGAP Subject Subject Page2.7 Exhibit 2000024 Exhibit 2 McKeeKrumProperties,LLCPropertyWholePropertyDescription FLU/CP UTUREANDSEOMPREHENSIVELAN Subject Subject Page2.8 Exhibit 2000025 Exhibit 2 McKeeKrumProperties,LLCPropertyWholePropertyDescription SP(TJ9,2014) UBJECTHOTOSAKENUNE Page2.9 Exhibit 2000026 Exhibit 2 McKeeKrumProperties,LLCPropertyWholePropertyDescription OLRC THEREGALANDEGULATORYONSTRAINTS Easements,Encumbrances,andRestrictions Page2.10 Exhibit 2000027 Exhibit 2 McKeeKrumProperties,LLCPropertyWholePropertyDescription Page2.11 Exhibit 2000028 Exhibit 2 McKeeKrumProperties,LLCPropertyWholePropertyDescription Encroachments OtherLandUseRegulations;DevelopmentMoratoria EnvironmentalHazards Page2.12 Exhibit 2000029 Exhibit 2 McKeeKrumProperties,LLCPropertyWholePropertyAnalysis WHOLEPROPERTYANALYSIS 3. VMWP ALUATIONETHODOLOGYHOLEROPERTY AVA PPLICABILITYOFALUATIONPPROACHES Page3.1 Exhibit 2000030 Exhibit 2 McKeeKrumProperties,LLCPropertyWholePropertyAnalysis HBUAWP IGHESTANDESTSENALYSESHOLEROPERTY AS!V NALYSISOFITESACANT LP EGALLYERMISSIBLE PP HYSICALLYOSSIBLE FF INANCIALLYEASIBLE P M AXIMALLYRODUCTIVE C ONCLUSION AS!I NALYSISOFITESMPROVED P3.2 AGE Exhibit 2000031 Exhibit 2 McKeeKrumProperties,LLCPropertyLandValuationWholeProperty LVWP ANDALUATIONHOLEROPERTY P3.3 AGE Exhibit 2000032 Exhibit 2 McKeeKrumProperties,LLCPropertyLandValuationWholeProperty SCALWP ALESOMPARISONPPROACHANDHOLEROPERTY AerialMapDescriptionLandSale1 $0.21 $9,000 AerialMapDescriptionLandSale2 Vacant Residential Land 7388 Barthold Road Denton, Texas 76207 According to FEMA flood maps, the site lies outside the 100-year floodplain. The broker noted that the property was improved with a 5,000 SF barn with electricity and a 1,600 SF residence with living quarters at the time of sale. He did not know the contributory value given to these improvements so we have based our estimate on the tax records for the subject property provided by the Denton County Appraisal District. The total improvement value is given as $87,267 which we have rounded and subtracted $0.29 from the sales price of $225,000 to determine the net sales price used ($138,000). $12,823 AerialMapDescriptionLandSale3 $0.34 $14,609 AerialMapDescriptionLandSale4 $0.57 $25,000 P3.4 AGE Exhibit 2000033 Exhibit 2 McKeeKrumProperties,LLCPropertyLandValuationWholeProperty AerialMapDescriptionLandSale5 $0.20 $8,868 P3.5 AGE Exhibit 2000034 Exhibit 2 McKeeKrumProperties,LLCPropertyLandValuationWholeProperty VALUATIONGRIDRepresentativeComparableSales $9,000$12,823$14,609$25,000$8,868 Date of Sale (Annual Adjustment) $9,000$13,079$14,755$25,750$9,489 $9,450$14,387$14,017$21,888$9,489 EstimatedValuebySalesComparisonApp±® ¢§a187,963 AAS NALYSISANDDJUSTMENTOFALES LandSale1 LandSale2 LandSale3 P3.7 AGE Exhibit 2000036 Exhibit 2 McKeeKrumProperties,LLCPropertyLandValuationWholeProperty LandSale4 LandSale5 C L ISTINGONSIDERED Listing1 Listing2 VC L ANDALUEONCLUSION UnitPriceLandAreaConcludedLandValue WholeLandTotal: $187,963 P3.8 AGE Exhibit 2000037 Exhibit 2 McKeeKrumProperties,LLCPropertyReconciliationandConclusionofValue RCV ECONCILIATIONANDONCLUSIONOFALUE Cost ApproachN/A Sales Comparison Approach (Land Only)$187,963 Income Capitalization ApproachN/A V C ONCLUSIONOFALUE $187,963. TMPB E XPOSUREIMEANDOSTROBABLEUYER P3.9 AGE Exhibit 2000038 Exhibit 2 McKeeKrumProperties,LLCPropertyConclusionandCompensationSummary CONCLUSIONANDCOMPENSATIONSUMMARY 4. DeterminationofCompensation TotalCompensation$187,963 P4.1 AGE Exhibit 2000039 Exhibit 2 McKeeKrumProperties,LLCPropertyADDENDUMA ADDENDUMA Certification QualificationsofAppraiser(s) AssumptionsandLimitingConditions PA.1 AGE Exhibit 2000040 Exhibit 2 McKeeKrumProperties,LLCPropertyADDENDUMA C ERTIFICATION CodeofProfessionalEthicsandStandardsofProfessionalAppraisalPractice UniformStandardsofProfessionalAppraisalPractice(USPAP). USPAP Allison Whitehead, Analyst Gregory B. Cook, SR/WA, Senior Managing Director Certified General Real Estate AppraiserGeneral Real Estate Appraiser Trainee Certificate # TX-1329987Certificate # TX-1340037-Trainee PA.2 AGE Exhibit 2000041 Exhibit 2 McKeeKrumProperties,LLCPropertyADDENDUMA PA.3 AGE Exhibit 2000042 Exhibit 2 McKeeKrumProperties,LLCPropertyADDENDUMA PA.4 AGE Exhibit 2000043 Exhibit 2 McKeeKrumProperties,LLCPropertyADDENDUMA PA.5 AGE Exhibit 2000044 Exhibit 2 McKeeKrumProperties,LLCPropertyADDENDUMA ALC SSUMPTIONSANDIMITINGONDITIONS PA.6 AGE Exhibit 2000045 Exhibit 2 McKeeKrumProperties,LLCPropertyADDENDUMA McKeeKrumProperties,LLCProperty PA.7 AGE Exhibit 2000046 Exhibit 2 McKeeKrumProperties,LLCPropertyADDENDUMA IntegraRealtyResources,Inc.offersthemostcomprehensivepropertyvaluationandcounselingcoverageintheUnitedStateswith 62independentlyownedandoperatedofficesin34statesandtheCaribbean.Integrawascreatedforthepurposeofcombiningthe intimateknowledgeofwellestablishedlocalfirmswiththepowerfulresourcesandcapabilitiesofanationalcompany.Integraoffers integratedtechnology,nationaldataandinformationsystems,aswellasstandardizedvaluationmodelsandreportformatsforease ofclientreviewandanalysis.L·;m©xlocalofficeshaveanaverageof25yearsofserviceinthelocalmarket,andallbutoneare headedbyaSeniorManagingDirectorwhoisanMAImemberoftheAppraisalInstitute. AlistingofLwwxlocalofficesandtheirManagingDirectorsfollows: ATLANTA,GASherryL.Watkins.,MAI,FRICS MIAMI/PALMBEACH,FLAnthonyM.Graziano,MAI,CRE,FRICS AUSTIN,TXRandyA.Williams,MAI,SR/WA,FRICSMINNEAPOLIS,MNMichaelF.Amundson,MAI,CCIM,FRICS BALTIMORE,MDG.EdwardKerr,MAI,MRICSNAPLES,FLCarltonJ.Lloyd,MAI,FRICS BIRMINGHAM,ALRustyRich,MAI,MRICSNASHVILLE,TNR.PaulPerutelli,MAI,SRA,FRICS BOISE,IDBradfordT.Knipe,MAI,ARA,CCIM,CRE,FRICSNEWJERSEYCOASTALHalvorJ.Egeland,MAI BOSTON,MADavidL.Cary,Jr.,MAI,MRICSNEWJERSEYNORTHERNBarryJ.Krauser,MAI,CRE,FRICS CHARLESTON,SCCleveland{.Ò7|Wright,Jr.,MAINEWYORK,NYRaymondT.Cirz,MAI,CRE,FRICS CHARLOTTE,NCFitzhughL.Stout,MAI,CRE,FRICSORANGECOUNTY,CALarryD.Webb,MAI,FRICS CHICAGO,ILEricL.Enloe,MAI,FRICSORLANDO,FLChristopherStarkey,MAI,MRICS CINCINNATI,OHGaryS.Wright,MAI,FRICS,SRAPHILADELPHIA,PAJosephD.Pasquarella,MAI,CRE,FRICS CLEVELAND,OHDouglasP.Sloan,MAIPHOENIX,AZWalterw©;xWiniusIII,MAI,FRICS COLUMBIA,SCMichaelB.Dodds,MAI,CCIMPITTSBURGH,PAPaulD.Griffith,MAI,CRE,FRICS COLUMBUS,OHBruceA.Daubner,MAI,FRICSPORTLAND,ORBrianA.Glanville,MAI,CRE,FRICS A,FRICS DALLAS,TXMarkR.Lamb,MAI,CPPROVIDENCE,RIGerardH.McDonough,MAI,FRICS DAYTON,OHGaryS.Wright,MAI,FRICS,SRARALEIGH,NCChrisR.Morris,MAI,FRICS DENVER,COBradA.Weiman,MAI,FRICSRICHMOND,VAKennethL.Brown,MAI,CCIM,FRICS DETROIT,MIAnthonySanna,MAI,CRE,FRICSSACRAMENTO,CAScottBeebe,MAI,FRICS FORTWORTH,TXGregoryB.Cook,SR/WAST.LOUIS,MOP.RyanMcDonald,MAI,FRICS GREENSBORO,NCNancyTritt,MAI,SRA,FRICSSALTLAKECITY,UTDarrinW.Liddell,MAI,CCIM,FRICS GREENVILLE,SCMichaelB.Dodds,MAI,CCIMSANANTONIO,TXMartynC.Glen,MAI,CRE,FRICS HARTFORD,CTMarkF.Bates,MAI,CRE,FRICSSANDIEGO,CAJeffA.Greenwald,MAI,SRA,FRICS HOUSTON,TXDavidR.Dominy,MAI,CRE,FRICSSANFRANCISCO,CAJanKleczewski,MAI,FRICS INDIANAPOLIS,INMichaelC.Lady,MAI,SRA,CCIM,FRICSSARASOTA,FLCarltonJ.Lloyd,MAI,FRICS JACKSON,MSJ.WalterAllen,MAI,FRICSSAVANNAH,GAJ.CarlSchultz,Jr.,MAI,FRICS,CRE,SRA JACKSONVILLE,FLRobertCrenshaw,MAI,FRICSSEATTLE,WAAllenN.Safer,MAI,MRICS KANSASCITY,MO/KSKennethJaggers,MAI,FRICSSYRACUSE,NYWilliamJ.Kimball,MAI,FRICS LASVEGAS,NVCharlesE.JackIV,MAITAMPA,FLBradfordL.Johnson,MAI,MRICS LOSANGELES,CAJohnG.Ellis,MAI,CRE,FRICSTULSA,OKRobertE.Gray,MAI,FRICS LOSANGELES,CAMatthewJ.Swanson,MAIWASHINGTON,DCPatrickC.Kerr,MAI,SRA,FRICS LOUISVILLE,KYStaceyNicholas,MAI,MRICSWILMINGTON,DEDouglasL.Nickel,MAI,FRICS MEMPHIS,TNJ.WalterAllen,MAI,FRICSCARIBBEAN/CAYMANISLANDSJamesAndrews,MAI,FRICS MIAMI/PALMBEACH,FLScottM.Powell,MAI,FRICS CorporateOffice 1133AvenueoftheAmericas,27thFloor,NewYork,NewYork10036 Telephone:(212)2557858;Fax:(646)4241869;Emailinfo@irr.com Website:www.irr.com TexasOffices Austin,TXDallas,TXFortWorth,TXHouston,TXSanAntonio,TX 11675JollyvilleRoad700E.CampbellRd930WestFirstStreet5RiverwayDrive115EastTravisSt. Suite205Suite265Suite400Suite200Suite616 Austin,TX78759Richardson,TX75081FortWorth,TX76102Houston,TX77056SanAntonio,TX78205 Phone:5124593440Phone:9729601222Phone:8173325522Phone:7132433333Phone:2102257700 Fax:5124594423Fax:9729602922Fax:8173361621Fax:7138278522Fax:2102256800 PA.8 AGE Exhibit 2000047 Exhibit 2 McKeeKrumProperties,LLCPropertyADDENDUMB ADDENDUMB Definitions PB.1 AGE Exhibit 2000048 Exhibit 2 McKeeKrumProperties,LLCPropertyADDENDUMB DEFINITIONS UniformStandardsofProfessionalAppraisalPractice(USPAP) TheDictionaryofRealEstateAppraisal,(Dictionary) TheAppraisalofRealEstate,(TheAppraisalofRealEstate) AccruedDepreciation (Dictionary) Appraisal USPAP Assignment(Dictionary) CompensableDamages (Dictionary) CommunityDamages Statev.Schmidt,867S.W.2d769(Tex.1993) EasementInterest(The AppraisalofRealEstate) EffectiveDate (Dictionary) EntrepreneurialProfit (Dictionary) ExposureTime (Dictionary) FeeSimpleEstate GroundLease HighestandBestUse (Dictionary) IntendedUse (USPAP) IntendedUser (USPAP) Jurisdictional Exception(USPAP) LegallyNonconforming Use(Dictionary) PB.2 AGE Exhibit 2000049 Exhibit 2 McKeeKrumProperties,LLCPropertyADDENDUMB LeasedFeeInterest Dictionary t Dictionary LeaseholdInteres MarketValue Dictionary USPAP MarketingTime (Dictionary) PartialTaking (Dictionary) RealProperty (Dictionary) ReplacementCost (Dictionary) ReproductionCost (Dictionary) Value (AppraisalInstituteCodeofProfessionalEthics, 2003) PB.3 AGE Exhibit 2000050 Exhibit 2 McKeeKrumProperties,LLCPropertyADDENDUMC ADDENDUMC Project/SurveyMapsAndLegalDescriptions PC.1 AGE Exhibit 2000051 Exhibit 2 McKeeKrumProperties,LLCPropertyADDENDUMD ADDENDUMD EngagementLetter PD.1 AGE Exhibit 2000053 Exhibit 2 McKeeKrumProperties,LLCPropertyADDENDUMD PD.2 AGE Exhibit 2000054 Exhibit 2 McKeeKrumProperties,LLCPropertyADDENDUME ADDENDUME PropertyInformation PE.1 AGE Exhibit 2000055 Exhibit 2 ADDENDUMD 5E.2 Exhibit 2000056 Exhibit 2 ADDENDUME PE.3 AGE Exhibit 2000057 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0342 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance of the City of Denton, Texas f of land being generally situated in the T. Toby Survey, Abstract County, Texas, (Property Interests) for the public use of expa maintenance, augmentation, and improvement of electric transmiss structures, and substations for the amount of Four Hundred Thirt Eighty Dollars and No Cents ($434,380.00), from North Locust Pro liability company (Owner); authorizing the City Manager, or hi agreement and documents for the purchase; authorizing the expend effective date. (Denton Municipal Electric 69kV Spencer to Dento Line Upgrade Project Parcels: C13 - North Locust Properties, L. Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Location Map Exhibit 2 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Utilities ACM:Howard Martin 349-8232 DATE:July 15, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasforthepurchaseofa2.493acretractofland beinggenerallysituatedintheT.TobySurvey,AbstractNumber1288,CityofDenton,DentonCounty,Texas, (PropertyInterests)forthepublicuseofexpansion,construction,operation,maintenance,augmentation,and improvementofelectrictransmissionanddistributionlines,facilities,structures,andsubstationsfortheamount ofFourHundredThirtyFourThousandThreeHundredEightyDollarsandNoCents($434,380.00),from NorthLocustProperties,L.L.C.,aTexaslimitedliabilitycompany(Owner);authorizingtheCityManager, orhisdesignee,toexecutethenecessaryagreementanddocumentsforthepurchase;authorizingthe expenditureoffunds;andprovidinganeffectivedate.(DentonMunicipalElectric69kVSpencertoDenton North Interchange Transmission Line Upgrade Project Parcels: C1 BACKGROUND Offers have been made to the property owner on November 18, 2013 City of DentonPage 1 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0342,Version:1 captioned land rights in accordance with Ordinance 2013-312. The Owner has engaged in formal negotiation dialogue and counter settlement of the matter. Approval of the ordinance under consideration authorizes staff t with the property owner. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. ESTIMATED SCHEDULE OF PROJECT Winter 2014 - Spring 2015 PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council Public Hearing November 15, 2011 (Purple Route Appr City Council Public Hearing January 10, 2012 (Yellow Route Appro Public Utility Board Executive and Consent Agenda October 28, 20 City Council Executive and Consent Agenda November 5, 2013 Public Utility Board Executive and Consent Agenda May 19, 2014 City Council Executive Agenda and Public Hearing June 3, 2014 Public Utility Board Executive and Consent Agendas July 14, 2014 FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being fund which will be paid by Transmission Revenue received from all oth 00 Electric Reliability Council of Texas (ERCOT). The purchase pri plus closing costs as prescribed in the Agreement are to be funded through these fundi BID INFORMATION N/A EXHIBITS 1.Location Map 2.Ordinance Respectfully submitted: Phil Williams, General Manager Denton Municipal Electric Prepared by: Pamela England Real Estate Specialist City of DentonPage 2 of 3Printed on 7/11/2014 powered by Legistar" LOCATION MAP Denton Municipal Airport Proposed Acquisition - Cook/Walters Properties 5.89 Acres µ Denton Municipal Airport Proposed Acquisition Cook/Walters Properties - 5.89 Acres 2001000200400600 Feet City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0343 Version:1 Name: Type:Resolution Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider approval of a resolution of the City Council of the Cit alternate member as an official voting representative to the Nor Governments Regional Transportation Council (RTC); and providi Committee recommended approval of Option 1, (2-0). Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Resolution 2014-014 Exhibit 2 - Draft Resolution DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Transportation CM/ ACM:Jon Fortune Date:July 15, 2014 SUBJECT ConsiderapprovalofaresolutionoftheCityCounciloftheCityofDenton,Texas,appointinganalternate memberasanofficialvotingrepresentativetotheNorthCentralTexasCouncilofGovernmentsRegional TransportationCouncil(RTC);andprovidinganeffectivedate.TheMobilityCommitteerecommended approval of Option 1, (2-0). BACKGROUND OnApril10,2014,theRTCapprovedrevisionstotheRTCBylawsandOperatingProcedurestoincludethe increaseintheRTCmembershiplimitfrom43to44andadjustmentstoclustercityrepresentation. AdjustmentstotheDentonclusterresultedinmovingtheTownofHighlandVillagetotheLewisville-Flower MoundclusterandmovingTownofLittleElmtotheFrisco,ProsperandTheColonycluster.TheDenton cluster now includes Denton, Corinth, Lake Dallas and Sanger. SincetheCityofDentonmaintainsmetropolitanplanningorganizationstatusduethepopulationthreshold establishedinthe1990Census,theCityofDentonhasprimacyofappointingprimaryandalternate representativestotheRTC.Representativesserveatwo-yeartermbeginninginJuneofeven-numberedyears andshallcurrentlyserveonthegoverningbodytheyrepresent.DentonCityCouncilMobilityCommittee ChairKevinRodenwasappointedastheprimarymembertotheRTCfortheDenton,Corinth,LakeDallasand SangerclusteronMay6,2014,Exhibit1.CouncilmanGregJohnsonindicatedaninteresttoserveasthe City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0343,Version:1 alternateRTCrepresentativefortheCityofDentonandwasrecommendedbytheMobilityCommittee,2-0,on June 24, 2014. FormerMayorBurroughssentaletterdatedApril3,2014,requestinginterestfromelectedofficialsfrom Corinth,LakeDallasandSangertoserveastheRTCalternatefortheDentoncluster.AsofJuly8,2014,City ofDentonofficialshavenotreceivedinterest.MobilityCommitteeChairman,KevinRodenhassent correspondencetothethreeclustercitiesindicatingthattheDentonCityCouncilwillbeconsidering Councilman Johnsons appointment at their July 15, 2014, meeting OPTIONS 1.Approve a resolution appointing Greg Johnson as the alternate RT 2.Nominate another candidate as the alternate RTC Member for the D 3.Do not appoint a representative to fill the alternate position a RECOMMENDATION The Mobility Committee recommended Option 1, 2-0. ESTIMATED SCHEDULE OF PROJECT Alternate RTC representative will serve an approximate two-year PRIOR ACTION/REVIEW (Council, Boards, Commissions) OnMay6,2014,DentonCityCouncilapprovedresolution2014-014appointingCouncilmanKevinRodento serveastheprimarymemberrepresentingtheDentonclusterontheRTC.OnJune24,2014,theMobility CommitteegavestaffdirectiontoadvancearesolutionnominatingGregJohnsonasthealternatememberfor the Denton RTC seat (Option 1). EXHIBITS 1.Resolution 2014-014 2.Draft Resolution Respectfully submitted: Mark Nelson, Transportation Director City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" EXHIBIT1 EXHIBIT2 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0344 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance of the City of Denton, Texas f of land being generally situated in the T. M. Downing Survey, Ab Denton County, Texas, (Property Interests) for the public use maintenance, augmentation, and improvement of electric transmiss structures, and substations for the amount of Sixteen Thousand F ($16,500.00), from William Lee Tyson, II, Rosemarie Virginia Tys Wittwer, and Dwane Douglas Tyson; authorizing the City Manager, necessary agreement and documents for the purchase; authorizing providing an effective date. (Denton Municipal Electric 69kV Spe Transmission Line Upgrade Project Parcels: P4 - William Lee Tys Robert John Tyson, Barbara Ann Wittwer, and Dwane Douglas Tyson) Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Location Map Exhibit 2 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Utilities ACM:Howard Martin, 349-8232 DATE:July 15, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasforthepurchaseofa1.127acretractofland beinggenerallysituatedintheT.M.DowningSurvey,AbstractNumber346,CityofDenton,DentonCounty, Texas,(PropertyInterests)forthepublicuseofexpansion,construction,operation,maintenance, augmentation,andimprovementofelectrictransmissionanddistributionlines,facilities,structures,and substationsfortheamountofSixteenThousandFiveHundredDollarsandNoCents($16,500.00),from WilliamLeeTyson,II,RosemarieVirginiaTyson,RobertJohnTyson,BarbaraAnnWittwer,andDwane DouglasTyson;authorizingtheCityManager,orhisdesignee,toexecutethenecessaryagreementand documentsforthepurchase;authorizingtheexpenditureoffunds;andprovidinganeffectivedate.(Denton MunicipalElectric69kVSpencertoDentonNorthInterchangeTransmissionLineUpgradeProjectParcels:P4 -WilliamLeeTyson,II,RosemarieVirginiaTyson,RobertJohnTyson,BarbaraAnnWittwer,andDwane City of DentonPage 1 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0344,Version:1 Douglas Tyson) BACKGROUND Offers have been made to the property owner on September 19, 201 captioned land rights in accordance with Ordinance 2013-252, and The Owner has engaged in formal negotiation dialogue and counter settlement of the matter. Approval of the ordinance under consideration authorizes staff t with the property owner. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. ESTIMATED SCHEDULE OF PROJECT Winter 2014 - Spring 2015 PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council Public Hearing November 15, 2011 (Purple Route Appr City Council Public Hearing January 10, 2012 (Yellow Route Appro Public Utility Board Executive and Consent Agenda September 9, 2 City Council Executive and Consent Agenda September 17, 2013 Public Utility Board Executive and Consent Agenda July 14, 2014 FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being fund which will be paid by Transmission Revenue received from all oth 00 Electric Reliability Council of Texas (ERCOT). The purchase pri plus closing costs as prescribed in the Agreement are to be funded through these fundi BID INFORMATION N/A EXHIBITS 1.Location Map 2.Ordinance Respectfully submitted: Phil Williams, City of DentonPage 2 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0344,Version:1 General Manager Denton Municipal Electric Prepared by: Pamela England Real Estate Specialist City of DentonPage 3 of 3Printed on 7/11/2014 powered by Legistar" EXHIBIT1 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0345 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance authorizing the City Manager o Contract of Sale, by and between the City of Denton, Texas (Cit and Joy L. Walters (the Owner), as seller, to acquire fee simp Toby Survey, Abstract No. 1285, located in the City of Denton, D purchase price of Six Hundred Two Thousand Nine Hundred Thirty F ($602,934.00), and other consideration, as prescribed in the Con attached to the ordinance and made a part thereof as Exhibit A funds; and providing an effective date. (Denton Enterprise Airpo Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Location Map Exhibit 2 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Airport CM/ ACM:Jon Fortune Date:July 15, 2014 SUBJECT ConsideradoptionofanordinanceauthorizingtheCityManagerorhisdesigneetoexecuteaContractofSale, byandbetweentheCityofDenton,Texas(City),asbuyer,andEverettF.CookandJoyL.Walters(the Owner),asseller,toacquirefeesimpletoa5.89acretractsituatedintheT.TobySurvey,AbstractNo.1285, locatedintheCityofDenton,DentonCounty,Texas;forthepurchasepriceofSixHundredTwoThousand NineHundredThirtyFourDollarsandNoCents($602,934.00),andotherconsideration,asprescribedinthe ContractofSale(theAgreement),asattachedtotheordinanceandmadeapartthereofasExhibitA; authorizingtheexpenditureoffunds;andprovidinganeffectivedate.(DentonEnterpriseAirport- Cook/Walters Acquisition) BACKGROUND In accord with the Denton Enterprise Airports development initi neighboring landowners to endeavor to achieve terms of purchase and use. The proposed land purchase involves the acquisition of 5.89 acre City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0345,Version:1 airport grounds. The Owner has engaged in formal negotiation di with the captioned purchase amount. Approval of the ordinance under consideration authorizes staff t with the property owner. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW (Council, Boards, Commissions) February 11, 2014 - City Council Airport Committee February 18, 2014 - City Council Executive Session FISCAL INFORMATION The property purchase price of $602,934.00 plus standard customa Airport Fund revenue reserves generated from gas well royalties. portion of the property will become annual operating revenue for BID INFORMATION N/A EXHIBITS 1.Location Map 2.Ordinance Respectfully submitted: Quentin Hix, Director of Aviation Prepared by: Pamela England Real Estate Specialist City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" LOCATION MAP Denton Municipal Airport Proposed Acquisition - Cook/Walters Properties 5.89 Acres µ Denton Municipal Airport Proposed Acquisition Cook/Walters Properties - 5.89 Acres 2001000200400600 Feet City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0346 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance authorizing the City Manager o Contract of Sale, by and between the City of Denton, Texas (Cit n/k/a Dorothy Nell McDuff (the Owner), as seller, to acquire f situated in the Thomas Toby Survey, Abstract No. 1285, located i County, Texas; for the purchase price of One Million One Hundred Seventy Dollars and No Cents ($1,105,770.00), and other consider of sale (the Agreement), as attached to the ordinance and made authorizing the expenditure of funds; and providing an effective Walters/McDuff Acquisition) Sponsors: Indexes: Code sections: Attachments:Exhibit 1- Location Map Exhibit 2 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Airport CM/ ACM:Jon Fortune Date:July 15, 2014 SUBJECT ConsideradoptionofanordinanceauthorizingtheCityManagerorhisdesigneetoexecuteaContractofSale, byandbetweentheCityofDenton,Texas(City),asbuyer,andDorothyNellCookn/k/aDorothyNell McDuff(theOwner),asseller,toacquirefeesimpletoa10.154acretractsituatedintheThomasToby Survey,AbstractNo.1285,locatedintheCityofDenton,DentonCounty,Texas;forthepurchasepriceofOne MillionOneHundredFiveThousandSevenHundredSeventyDollarsandNoCents($1,105,770.00),andother consideration,asprescribedinthecontractofsale(theAgreement),asattachedtotheordinanceandmadea partthereofasExhibitA;authorizingtheexpenditureoffunds;andprovidinganeffectivedate.(Denton Enterprise Airport - Walters/McDuff Acquisition) BACKGROUND In accord with the Denton Enterprise Airports development initi neighboring landowners to endeavor to achieve terms of purchase and use. City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0346,Version:1 The proposed land purchase involves the acquisition of 10.154 ac existing airport grounds. The Owner has engaged in formal negot of Sale with the captioned purchase amount. Approval of the ordinance under consideration authorizes staff t with the property owner. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW (Council, Boards, Commissions) February 11, 2014 - City Council Airport Committee February 18, 2014 - City Council Executive Session FISCAL INFORMATION The property purchase price of $1,105,770.00, plus standard cust current Airport Fund revenue reserves generated from gas well ro a portion of the property will become annual operating revenue f BID INFORMATION N/A EXHIBITS 1.Location Map 2.Ordinance Respectfully submitted: Quentin Hix Director of Aviation Prepared by: Pamela England Real Estate Specialist City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" LOCATION MAP Denton Municipal Airport Proposed Acquisition - Dorothy Cook (McDuff) Properties 10.18 Acres µ Denton Municipal Airport Proposed Acquisition Dorothy Cook (McDuff) Properties - 10.18 Acres 2001000200400600 Feet City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0347 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance of the City of Denton, Texas f Development I, Ltd., a Texas Limited Partnership (Owner), of a 0.802 acre tract for an electric easement; and (3) a 0.521 acre easement, each of which is generally situated in the J. Coltart the D. Culp Survey, Abstract No. 287, City of Denton, Denton Cou the public use of expansion, construction, operation, maintenanc electric transmission and distribution lines, facilities, struct amount of Eight Hundred Fifty Nine Thousand Five Hundred Sixty S to Brown Development I, LTD., a Texas Limited Partnership (the Manager, or his designee, to execute the necessary agreement and authorizing the expenditure of funds; and providing an effective Spencer to Denton North Interchange Transmission Line Upgrade Pr Development I, Ltd., a Texas Limited Partnership) Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Location Map Exhibit 2 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Utilities ACM:Howard Martin, 349-8232 DATE:July 15, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,TexasforthepurchasefromBrownDevelopmentI, Ltd.,aTexasLimitedPartnership(Owner),ofa(1)a10.45acretractinfee;(2)a0.802acretractforan electriceasement;and(3)a0.521acretractfortemporaryconstructioneasement,eachofwhichisgenerally situatedintheJ.ColtartSurvey,AbstractNumber288,and/ortheD.CulpSurvey,AbstractNo.287,Cityof Denton,DentonCounty,Texas(PropertyInterest),forthepublicuseofexpansion,construction,operation, maintenance,augmentation,andimprovementofelectrictransmissionanddistributionlines,facilities, structures,andsubstations,(Project),fortheamountofEightHundredFiftyNineThousandFiveHundred SixtySevenandNoCents($859,567.00)toBrownDevelopmentI,LTD.,aTexasLimitedPartnership(the Owner);authorizingtheCityManager,orhisdesignee,toexecutethenecessaryagreementanddocuments City of DentonPage 1 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0347,Version:1 forthepurchase;authorizingtheexpenditureoffunds;andprovidinganeffectivedate.(DentonMunicipal Electric69kVSpencertoDentonNorthInterchangeTransmissionLineUpgradeProjectParcels:C1,C2- Brown Development I, Ltd., a Texas Limited Partnership) BACKGROUND Offers have been made to the property owner on April 21, 2014, a land rights in accordance with Ordinance 2013-102. The Owner has engaged in formal negotiation dialogue and counter settlement of the matter. Approval of the ordinance under consideration authorizes staff t with the property owner. OPTIONS 1.Recommend approval of the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. ESTIMATED SCHEDULE OF PROJECT Winter 2014 - Spring 2015 PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council Public Hearing November 15, 2011 (Purple Route Appr City Council Public Hearing January 10, 2012 (Yellow Route Appro Public Utility Board Executive and Consent Agenda April 14, 2014 City Council Executive and Consent Agenda April 15, 2014 FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being fund which will be paid by Transmission Revenue received from all oth Electric Reliability Council of Texas (ERCOT). The purchase pri prescribed in the Agreement are to be funded through these fundi BID INFORMATION N/A EXHIBITS 1.Ordinance 2.Location Map Respectfully submitted: Phil Williams General Manager Denton Municipal Electric City of DentonPage 2 of 3Printed on 7/11/2014 powered by Legistar" File #:ID 14-0347,Version:1 Prepared by: Pamela England Real Estate Specialist City of DentonPage 3 of 3Printed on 7/11/2014 powered by Legistar" LOCATION MAP LEGEND ELECTRIC EASEMENT TEMP. CONSTRUCTION EASEMENT BROWN PROPERTY KINGS ROW SUBSTATION SITE Temporary Construction Easement 1.227 Acres Electric Easement 3.338 Acres Brown Property Brown Property Electric Easement .802 Acre Temporary Construction Easement .521 Acre Kings Row Substation Site Approx. 10.45 Acres Denton Municipal Electric Proposed Acquisition Brown Property 400200400800FEET 0 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0348 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/30/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance of the City of Denton, Texas f Development I, Ltd., a Texas Limited Partnership (Owner) of (1 easement; and, (2) a 1.227 acre tract for a temporary constructi generally situated in the J. Coltart Survey, Abstract Number 288 Texas (Property Interests), for the public use of expansion, c augmentation, and improvement of electric transmission and distr and substations, (Project), for the amount of Two Hundred Fort Sixteen Dollars and Fifty Two Cents ($247,716.52); authorizing t providing an effective date. (Denton Municipal Electric 69kV Spe Transmission Line Upgrade Project Parcels: C4 -Brown Developmen Partnership) Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Location Map Exhibit 2 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Utilities ACM:Howard Martin, 349-8232 DATE:July 15, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,TexasforthepurchasefromBrownDevelopmentI, Ltd.,aTexasLimitedPartnership(Owner)of(1)a3.338acretractforanelectriceasement;and,(2)a1.227 acretractforatemporaryconstructioneasement,bothofwhicharegenerallysituatedintheJ.ColtartSurvey, AbstractNumber288,CityofDenton,DentonCounty,Texas(PropertyInterests),forthepublicuseof expansion,construction,operation,maintenance,augmentation,andimprovementofelectrictransmissionand distributionlines,facilities,structures,andsubstations,(Project),fortheamountofTwoHundredForty SevenThousandSevenHundredSixteenDollarsandFiftyTwoCents($247,716.52);authorizingthe expenditureoffunds;andprovidinganeffectivedate.(DentonMunicipalElectric69kVSpencertoDenton NorthInterchangeTransmissionLineUpgradeProjectParcels:C4-BrownDevelopmentI,Ltd.,aTexas Limited Partnership) City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0348,Version:1 BACKGROUND Offers have been made to the property owner on April 2, 2014, an rights in accordance with Ordinance 2013-094. The Owner has engaged in formal negotiation dialogue and counter settlement of the matter. Approval of the ordinance under consideration authorizes staff t with the property owner. OPTIONS 1.Recommend approval of the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. ESTIMATED SCHEDULE OF PROJECT Winter 2014 - Spring 2015 PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council Public Hearing November 15, 2011 (Purple Route Appr City Council Public Hearing January 10, 2012 (Yellow Route Appro FISCAL INFORMATION Theoverall69kVTransmissionLineRebuildprojectisbeingfundedbyissuingGeneralObligationBondswhichwillbepaidby TransmissionRevenuereceivedfromallotherelectricutilitieswhoaremembersoftheElectricReliabilityCouncilofTexas (ERCOT).Thepurchasepriceof$247,716.52plusclosingcostsasprescribedintheAgreementaretobefundedthroughthese funding sources. BID INFORMATION N/A EXHIBITS 1.Location Map 2.Ordinance Respectfully submitted: Phil Williams General Manager Denton Municipal Electric Prepared by: Pamela England Real Estate Specialist City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" LOCATION MAP LEGEND ELECTRIC EASEMENT TEMP. CONSTRUCTION EASEMENT BROWN PROPERTY KINGS ROW SUBSTATION SITE Temporary Construction Easement 1.227 Acres Electric Easement 3.338 Acres Brown Property Brown Property Electric Easement .802 Acre Temporary Construction Easement .521 Acre Kings Row Substation Site Approx. 10.45 Acres Denton Municipal Electric Proposed Acquisition Brown Property 400200400800FEET 0 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0353 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:7/1/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance authorizing the City Manager t Agreement for indefinite delivery survey services on a work orde departments; providing for the expenditure of funds therefor; an 5597-awarded to Teague Nall and Perkins, Inc. in an amount not-t Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Ordinance Exhibit 2 - Agreement DateVer.Action ByActionResult AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE: July 15, 2014 SUBJECT ConsideradoptionofanordinanceauthorizingtheCityManagertoexecuteaProfessionalServicesAgreement forindefinitedeliverysurveyservicesonaworkorderbasisforvariousCityofDentondepartments;providing fortheexpenditureoffundstherefor;andprovidinganeffectivedate(File5597-awardedtoTeagueNalland Perkins, Inc. in an amount not-to-exceed $500,000). FILE INFORMATION TheCityofDentonhascontractedoutsurveyservicesthroughaseriesofindefinitedeliverytypecontracts sinceFiscalYear2003.Thecurrentindefinitedeliverysurveyservicescontract(RFP4948)wasawardedto Teague,NallandPerkins,Inc.byCouncilonSeptember11,2012inthenot-to-exceedamountof$400,000. Duringthecontractperiod,Amendment1wasapprovedbytheCityManagerintheamountof$90,000fora total contract award of $490,000. StaffisrecommendingcontinuingthisservicewithTeagueNallandPerkins,Inc.byawardinganewcontract inthenot-to-exceedamountof$500,000.Theproposedfeeof$500,000fortheprofessionalservicesonthis projectisexpectedtobesufficienttocarrythecontractthroughthenexttwofiscalyears.TheProfessional ServicesAgreement(Exhibit2)includesascheduleofratesfortheservicesassociatedwiththecontract.Staff City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0353,Version:1 is of the opinion that these rates are representative of the ind InaccordancewithTexasLocalGovernmentCode252.022,theprocurementofprofessionalservicesisexempt fromtherequirementofcompetitionbasedselection.TheCityofDentonhasprevioussuccessfulexperience withtherecommendedfirm,andhaselectedtonotseekqualificationbasedcompetitionfortheseidentified services. RECOMMENDATION StaffrecommendsapprovaloftheProfessionalServicesAgreementbetweentheCityofDentonandTeague Nall and Perkins, Inc. in the not-to-exceed amount of $500,000 f PRINCIPAL PLACE OF BUSINESS Teague Nall and Perkins, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT ThiscontractwillbecomeeffectiveuponCouncilapprovalwithservicestobeperformedthroughSeptember 30, 2016, or until the not to exceed amount of $500,000 has been FISCAL INFORMATION Surveyservicesassociatedwiththiscontractaretobepaidforonanas-neededoras-authorizedbasis, dependingontheavailabilityoffundsinthevarioususingdepartmentbudgetsorintheCIPprojectsonwhich Teague Nall and Perkins, Inc. is to be utilized. EXHIBITS Exhibit 1: Ordinance Exhibit 2: Professional Services Agreement Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Frank Payn City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" EXHIBIT 1 ORDINANCE NO. 2014-________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR INDEFINITE DELIVERY SURVEY SERVICES ON A WORK ORDER BASIS FOR VARIOUS CITY OF DENTON DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5597AWARDED TO TEAGUE NALL AND PERKINS, INC. IN AN AMOUNT NOT-TO-EXCEED $500,000). WHEREAS, the City Council deems that it is in the public interest to engage the engineering firm of Teague Nall and Perkins, Inc. (TN&P), Denton, Texas to provide professional surveying and engineering services in support of the City of Denton, Texas; and WHEREAS, City staff has reported to the City Council that there is a substantial need for the above-referenced professional surveying services, and that limited City staff cannot adequately perform the specialized services and tasks with its own personnel; and ally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The preamble to this ordinance is incorporated herewith by reference as a part of this ordinance. SECTION 2: The City Manager is hereby authorized by the City Council to execute a Professional Services Agreement for Architect or EngineerAgreementTeague Nall & Perkins, Inc. (TN&P), Denton, Texas, for professional surveying and engineering services, for a fee of not-to-exceed $500,000; in substantially the form of the Agreementthat is attached hereto and incorporated herewith by reference. SECTION 3: The award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of TN&P and the demonstrated ability of TN&P to perform the services needed by the City for a fair and reasonable price. SECTION 4: The expenditure of funds as provided in the attached Agreement is hereby authorized. SECTION 5: This ordinance shall become effective immediately upon its passage and approval. EXHIBIT 1 PASSED AND APPROVED this the ______ day of __________________, 2014 ________________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: ________________________________ EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0355 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:7/1/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance of the City of Denton authoriz designee, to execute on behalf of the City of Denton an acceptan Department of Transportation relating to a grant for the Evers P authorizing the City Manager to expend funds provided for in the effective date. Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Resolution R2012-041 Exhibit 2 - Excerpt of Park Board Minutes 7-7-14 Exhibit 3 - Ordinance & Agreement DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Parks and Recreation CM/ ACM:John Cabrales, Jr. Date:July 15, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDentonauthorizingtheCityManager,orhisdesignee,to executeonbehalfoftheCityofDentonanacceptanceofanofferfromtheTexasDepartmentofTransportation relatingtoagrantfortheEversParkBridgeandTrailProject;authorizingtheCityManagertoexpendfunds provided for in the grant program; and declaring an effective da BACKGROUND TheTransportationEnhancementProjectconsistsoftheinstallationofapedestrianbridgeacrossCooperCreek toconnecttheMcKamyEverssubdivisiontoEversParkway,providingasaferoutetoEversElementary SchoolandEversPark.Additionally,thisprojectwillallowthecontinuationoftheCooperCreekTrailfrom EversElementarySchooltoNorthPointePark,connecttoUNTsDiscoveryPark,andconnecttoplanned bicycleimprovementsonWindsorDriveatNorthLakesParkandexistingbicycleroutesonHinkleDriveto US 380. CityCouncilapprovedResolutionNo.R2012-041onNovember19,2012,whichcertifiedfundingandallowed theCityofDentontoparticipateinthe2012LocalTransportationEnhancementProgram.TheCityofDenton wasawardedfundingfortheprojectonJuly25,2013,andhasbeenincontactwithTxDOTandplanstomove City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0355,Version:1 forwardwiththeLocalTransportationProjectAdvanceFundingAgreementforaTransportation(TE)Project (Exhibit3).ThisfundingrequestwillenabletheCityofDentontoconnectmultiplepointsofinterest, recreationaldestinations,andcommunityresidentialcenterswithvariousmodesoftransportationandincrease the transportation as well as recreation options to our citizens OPTIONS Approve this grant match to avoid funding from general fund or C Deny acceptance of grant match and source funding from general f RECOMMENDATION Staff recommends approval of the acceptance of this matching gra ESTIMATED SCHEDULE OF PROJECT ConstructionmustbeletpriortoAugust31,2016.TxDOTanticipatesthattheprojectshouldbecomplete within a three-year window. PRIOR ACTION/REVIEW The Parks, Recreation and Beautification Board recommended appro FISCAL INFORMATION ThetotalestimatedcostoftheTxDOTTransportationEnhancementProjectis$1,677,021.TheFederal participationis80%oftheprojectwithanamountnottoexceed$1,341,617.TheTotalLocalParticipationwill be$335,404.Aprofessionalservicesagreementwithalocalengineeringfirmwillbesourcedtoprocure construction drawings for the project. EXHIBITS: 1.City of Denton Resolution No. R2012-041 dated November 19, 2012. 2.Excerpt of Parks, Recreation and Beautification Board minutes da 3.Proposed ordinance and attached Local Transportation Project Adv Respectfully Submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: James M. Mays, Superintendent Parks and Recreation Department City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" Exhibit1 Exhibit 2 EXCERPT DRAFTMINUTES from PARKS, RECREATION AND BEAUTIFICATION BOARD July 7, 2014 Civic Center Community Room Parks, Recreation and Afterdeterminingthataquorum of the CityofDenton, Texas, Beautification Board is present, theChair oftheBoard thereafterconvenedintoan open meetingonMonday, July 7, 2014, at6:00p.m. in the Denton Civic Center,321E. McKinney Street, Denton, Texas. Members Present : Russ Stukel, Chair; Alex Lieban, Paul Leslie, Vicki Byrd, Maria Renner and Janet Shelton. Staffpresent : Emerson Vorel, Julie Leal,Jim Mays, John Schubert,Janie McLeod. OPEN MEETING ACTION ITEM:Acceptance of a Local Transportation Project Advance Funding Agreement for a Transportation Enhancement (TE) Project Consider recommending approval of a Transportation Enhancement Project that consists of the installation of a pedestrian bridge across Cooper Creek to connect the McKamy Evers subdivision to Evers Parkway, providing a safe route to Evers Elementary School and Evers Park.Additionally, this project will allow the continuation of the Cooper Creek Trail from Evers Elementary School to North Pointe Park, connect to UNT’s Discovery Park, and connect to planned bicycle improvements on Windsor Drive at North Lakes Park and existing bicycle routes on Hinkle Drive to US 380. The total estimated cost of the TXDOT Transportation Enhancement Project is $1,677,021. The Federal participation is 80% of the project with an amount not to exceed $1,341,617. The Total Local Participation will be $335,404 with a PE Phase Payment to TXDOT in the amount $21,874 to be paid within 30 days from the execution of the AFA contract. Payment of the local government's share of TXDOT's Administration Cost for Construction will be $21,874 and is due within 60 days prior to the construction contract being advertised for bids. The required local match for funds is estimated to be 20% of the grant amount or greater with the local government's participation being based on the actual costs andvalues associated with the project. A professional services agreement with a local engineering firm will be sourced to procure construction drawings for the project. Relyingon theParks and Recreation Department’s recommendationand the Legal Department’s approval of the terms of the Agreement,the Board discussed and considered this item andtook the following action: MOTION: Shelton made a motion to recommend approval; Byrd seconded, and the motion was approved, 6-0. Meeting adjourned at7:25 p.m. Exhibit3 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0289 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/23/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance authorizing the City Manager o Contract of Sale by and between Hickory Med, LLC, as owner, and interest, and the City of Denton, Texas, as buyer, to acquire fe lying and being situated in the City and County of Denton, State 4 of the Whitten Addition, an addition as shown of record in Vol Denton County, Texas, for the public use of expansion, construct improvement of electric transmission and distribution lines, fac substations, for the purchase price of Six Hundred Thirty-Two Th No/100 US Dollars ($632,250.00) and other good and valuable cons Contract of Sale and ordinance attached as Exhibit One; authoriz therefore; and providing an effective date. Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Denton Municipal Electric (DME) ACM:Howard Martin, 940-349-8232 DATE:July 15, 2014 SUBJECT ConsideradoptionofanordinanceauthorizingtheCityManagerorhisdesigneetoexecuteaContractofSale byandbetweenHickoryMed,LLC,asowner,andanyothershavinganownershipinterest,andtheCityof Denton,Texas,asbuyer,toacquirefeesimpletoatractorparceloflandlyingandbeingsituatedintheCity andCountyofDenton,StateofTexas,andbeingallofLots3and4oftheWhittenAddition,anadditionas shownofrecordinVolume7,Page12ofthePlatRecordsofDentonCounty,Texas,forthepublicuseof expansion,construction,maintenance,operation,andimprovementofelectrictransmissionanddistribution lines,facilities,andstructures,aswellassubstations,forthepurchasepriceofSixHundredThirty-Two ThousandTwoHundredFiftyandNo/100USDollars($632,250.00)andothergoodandvaluable consideration,asdescribedintheContractofSaleandordinanceattachedasExhibitOne;authorizingthe expenditure of funds therefore; and providing an effective date. BACKGROUND InaccordwiththecurrentDMEElectricSubstationRe-buildprojectinitiative,DMEstaffisundertakingthe City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0289,Version:1 identificationoftheadditionallandrightsnecessarytoaccommodatetheconstructionandoperationof improvementstotheelectrictransmissionanddistributionsystems.Inrespecttothetractsownedbytheabove -named,thefeesimpleacquisitionoftheselotswillaccommodatetheelectricutilityanditselectricsubstation infrastructuretobeconstructed.Approvaloftheordinanceunderconsiderationauthorizesstafftopurchasethe identified lots (see attached exhibit), and to proceed to closin OPTIONS 1.Approval of the land purchase and ordinance. 2.Do not approve the land purchase and ordinance, and provide staf RECOMMENDATION DME staff recommends approval of the land purchase and ordinance FISCAL INFORMATION This project is funded through the issuance of General Obligatio Revenue received from all other electric utilities who are membe (ERCOT). EXHIBITS 1.Exhibit One (Contracts, Ordiance, Arial photo) Respectfully submitted: Phil Williams General Manager, DME Prepared by: Smith Day Compliance Manager City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" Exhibit 1 Exhibit 1000001 Exhibit 1 Exhibit 1000002 Exhibit 1 Exhibit 1000003 Exhibit 1 Exhibit 1000004 Exhibit 1 Exhibit 1000005 Exhibit 1 Exhibit 1000006 Exhibit 1 Exhibit 1000007 Exhibit 1 Exhibit 1000008 Exhibit 1 Exhibit 1000009 Exhibit 1 Exhibit 1000010 Exhibit 1 Exhibit 1000011 Exhibit 1 Exhibit 1000012 Exhibit 1 Exhibit 1000013 Exhibit 1 Exhibit 1000014 Exhibit 1 Exhibit 1000015 Exhibit 1 Exhibit 1000016 Exhibit 1 Exhibit 1000017 Exhibit 1 Exhibit 1000018 Exhibit 1 Exhibit 1000019 Exhibit 1 Exhibit 1000020 Exhibit 1 Exhibit 1000021 Exhibit 1 Exhibit 1000022 Exhibit 1 Exhibit 1000023 Exhibit 1 Exhibit 1000024 Exhibit 1 Exhibit 1000025 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0290 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/23/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance authorizing the City Manager o Contract of Sale by and between Oak Med Park, LLC, as owner, and interest, and the City of Denton, Texas, as buyer, to acquire fe lying and being situated in the City and County of Denton, State 6 of the Whitten Addition, an addition as shown of record in Vol Denton County, Texas, for the public use of expansion, construct improvement of electric transmission and distribution lines, fac substations, for the purchase price of Six Hundred Thirty-Two Th No/100 US Dollars ($632,250.00) and other good and valuable cons Contract of Sale and ordinance attached as Exhibit One; authoriz and providing and effective date. Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Denton Municipal Electric (DME) ACM:Howard Martin, 940-349-8232 DATE:July 15, 2014 SUBJECT ConsideradoptionofanordinanceauthorizingtheCityManagerorhisdesigneetoexecuteaContractofSale byandbetweenOakMedPark,LLC,asowner,andothershavinganownershipinterest,andtheCityof Denton,Texas,asbuyer,toacquirefeesimpletoatractorparceloflandlyingandbeingsituatedintheCity andCountyofDenton,StateofTexas,andbeingallofLots5and6oftheWhittenAddition,anadditionas shownofrecordinVolume7,Page12ofthePlatRecordsofDentonCounty,Texas,forthepublicuseof expansion,construction,maintenance,operation,andimprovementofelectrictransmissionanddistribution lines,facilities,andstructures,aswellassubstations,forthepurchasepriceofSixHundredThirty-Two ThousandTwoHundredFiftyandNo/100USDollars($632,250.00)andothergoodandvaluable consideration,asdescribedintheContractofSaleandordinanceattachedasExhibitOne;authorizingthe expenditure of funds therefore; and providing and effective date BACKGROUND InaccordwiththecurrentDMEElectricSubstationRe-buildprojectinitiative,DMEstaffisundertakingthe City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0290,Version:1 identificationoftheadditionallandrightsnecessarytoaccommodatetheconstructionandoperationof improvementstotheelectrictransmissionanddistributionsystems.Inrespecttothetractsownedbytheabove -named,thefeesimpleacquisitionoftheselotswillaccommodatetheelectricutilityanditselectricsubstation infrastructuretobeconstructed.Approvaloftheordinanceunderconsiderationauthorizesstafftopurchasethe identified lots (see attached exhibit), and to proceed to closin OPTIONS 1.Approval of the land purchase and ordinance. 2.Do not approve the land purchase and ordinance, and provide staf RECOMMENDATION DME staff recommends approval of the land purchase and ordinance PRIOR ACTION/REVIEW (Council, Boards, Commissions) This project is funded through the issuance of General Obligatio Revenue received from all other electric utilities who are membe (ERCOT). EXHIBITS 1. Exhibit One (Contracts, Ordinance, Arial photo) Respectfully submitted: Phil Williams General Manager Prepared by: Smith Day Compliance Manager City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" Exhibit 1 Exhibit 1000001 Exhibit 1 Exhibit 1000002 Exhibit 1 Exhibit 1000003 Exhibit 1 Exhibit 1000004 Exhibit 1 Exhibit 1000005 Exhibit 1 Exhibit 1000006 Exhibit 1 Exhibit 1000007 Exhibit 1 Exhibit 1000008 Exhibit 1 Exhibit 1000009 Exhibit 1 Exhibit 1000010 Exhibit 1 Exhibit 1000011 Exhibit 1 Exhibit 1000012 Exhibit 1 Exhibit 1000013 Exhibit 1 Exhibit 1000014 Exhibit 1 Exhibit 1000015 Exhibit 1 Exhibit 1000016 Exhibit 1 Exhibit 1000017 Exhibit 1 Exhibit 1000018 Exhibit 1 Exhibit 1000019 Exhibit 1 Exhibit 1000020 Exhibit 1 Exhibit 1000021 Exhibit 1 Exhibit 1000022 Exhibit 1 Exhibit 1000023 Exhibit 1 Exhibit 1000024 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0280 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:6/18/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance considering all matters incide and delivery of up to $32,500,000 in principal amount of "City o Bonds, Series 2014" (including up to $13,500,000 for Electric Fu for Water Fund activities); authorizing the issuance of the Bond City officials to execute certain documents relating to the sale instruments and procedures relating to said Bonds; and enacting subject. The Audit/Finance Committee recommends approval (3-0). Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - TMPA Resolution Exhibit 2 - CABS Detail Exhibit 3 - Preliminary GO Refunding Analysis Exhibit 4 - Draft Preliminary Official Statement Exhibit 5 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Finance CM/ ACM:Bryan Langley Date:July 15, 2014 SUBJECT Consideradoptionofanordinanceconsideringallmattersincidentandrelatedtotheissuance,saleanddelivery ofupto$32,500,000inprincipalamountof"CityofDentonGeneralObligationRefundingBonds,Series 2014"(includingupto$13,500,000forElectricFundactivitiesandupto$19,000,000forWaterFund activities);authorizingtheissuanceoftheBonds;delegatingtheauthoritytocertainCityofficialstoexecute certaindocumentsrelatingtothesaleoftheBonds;approvingandauthorizinginstrumentsandprocedures relatingtosaidBonds;andenactingotherprovisionsrelatingtothesubject.TheAudit/FinanceCommittee recommends approval (3-0). BACKGROUND TheTexasMunicipalPowerAgency(TMPA)provideselectricpowertothecitiesofBryan,Garland, City of DentonPage 1 of 4Printed on 7/11/2014 powered by Legistar" File #:ID 14-0280,Version:1 Greenville,andtheCityofDenton(MemberCities).ThecitiesandTMPAenteredintoaPowerSales Agreement(Agreement)onSeptember1,1976,underwhichTMPAisobligatedtosellelectricenergytothe MemberCities,andeachMemberCity,isobligatedtopayapercentageofTMPAsannualsystemcosts withoutregardtowhethertheenergyisdeliveredbyTMPAto,orusedby,aMemberCity.Thecontractual percentages of each Member City to TMPA are currently as follows City of Bryan, Texas21.7% City of Denton, Texas21.3% City of Garland, Texas47.0% City of Greenville, Texas10.0% OnJuly12,2012,TMPApassedResolutionNo.2012-7-8(seeExhibit1)whichprovidedcommitmentswith respecttotheadministrationoffundsreceivedfromMemberCitiesforthepurposeofrefundingorprepayinga portionofTMPAsoutstandingRevenueRefundingBonds,Series1993.Thebonds,whichwereissuedinthe formofCapitalAppreciationBonds(CABS),haveanaggregatematurityvalueof$362,180,000.Theprincipal andinterestdebtserviceassociatedwiththesebondsis$120,725,000inFY2014-15,$120,725,000inFY2015 -16and$120,730,000inFY2016-17.TheCityofDentonsshareofthesebondsis$77,144,340.However, onlyaportion(52.2332%or$189,178,204)ofthebondsareeligibletobeadvancerefundedoverthenextthree fiscalyearsandDentonsshareoftheseeligiblebondsis$40,294,957($13,431,467inFY2015,$13,431,425 inFY2016and$13,432,023inFY2017).Assuch,theCityofDentonsshareforthiscomingfiscalyear,and theamountbeingrecommendedforrefunding,is$13,431,467.Dentonsremainingbalance,includingamounts eligibleforrefundinginfutureyears,willbeconsideredinconjunctionwithadoptionofDentonMunicipal Electricsbudgetonanannualbasis,butitisanticipatedthatstaffwillrecommendall,oraportionof,the remainingCABSberefundedaswell.Paymentoftheremainingbalanceof$36,849,383($77,144,340less $40,294,957)isalreadyincludedintheCitysmonthlyratestoTMPAunderthePowerSalesAgreementandas such, will be paid off in each respective fiscal year. A summar Thepurposeofthisagendaitem,therefore,isfortheCityCounciltoauthorizetheissuanceofbondsin accordancewiththeabovestatedagreementbetweenTMPAandtheMemberCitiesandTMPAsResolution No.2012-7-8.ThebondswillbeissuedforthepurposeofrefinancingaportionoftheCityscontractual obligationstoTMPAundertheTMPAPowerSalesAgreement.ThebondswillbeusedtosatisfytheCitys contractualobligationrelatedtoDentonsshareoftheCABSeligibleforadvancedrefundinginFY2015 ($13,431,467)andtopaycostsofissuingthebonds.InordertominimizetheimpacttotheCityselectricrates, staffisproposingtoextendthematurityofthebondsto2024sincetheywouldotherwisematurein2015. Additionally,staffisrecommendingthatthebondsbestructuredwithinterestonlypaymentsthrough2019to providefinancialflexibility.Byextendingthematurityofthisdebtandstructuringthebondswithinterestonly paymentsthrough2019,theCitywillpayapproximately$3.2millionmoreinterestby2024versuscash fundingthedebtatitspresentmaturityof2015.However,bystructuringthedebtinthismanner,electricrates will be lower than otherwise necessary to pay the debt in 2015. InadditiontorefundingaportionofTMPAsbonds,theCityisalsoproposingtherefundingoftheCitys UtilitySystemRevenueRefundingBonds,Series2004.Theaggregateprincipalamountofthesebondsis $18,795,000andtheCitycurrentlypaysaninterestrateof5.1%onthebonds.Byrefundingthesebonds,staff expectstolowertheinterestratepaidtoapproximately2.54%.Thislowerratewouldresultindebtservice paymentsbeingreducedbyapproximately$3millionoverthelifeofthedebtorapproximately$300,000 annually(seeExhibit3).The2004bondswillmaturein2025andtherefundingwillnotextendtheoriginal maturity anticipated when the bonds are issued. Sincebondmarketconditionscanchangerapidly,staffisrecommendingthattheCityCouncilapprovea City of DentonPage 2 of 4Printed on 7/11/2014 powered by Legistar" File #:ID 14-0280,Version:1 parametersbondsalefortheGOs.Bydoingso,Citystaffwillbeauthorizedtoexecutethesalewithout additionalCouncilaction.Theparametersordinancesetsthefollowingrequirementsinordertocompletethe sale of the GOs: -Maximum amount of sale is $32,500,000 -Final stated maturity of February 15, 2025 -Refunding must produce savings of at least 3.00% -Delegation authority ends August 22, 2014 Foryourreview,staffhasattachedadraftofthepreliminaryofficialstatement.Sincethepreliminaryofficial statementisindraftform,itislikelythatstaffwillneedtomodifyand/orincludeadditionalinformationprior tothebondissuance.Oncethebondsalehasbeencompleted,staffwillnotifytheCityCouncilofthefinal bond issuance terms. RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) OnJuly10,2014,theAudit/FinanceCommitteeunanimouslyrecommendedapprovaltoforwardtheupcoming bond issuance to the City Council for consideration. FISCAL INFORMATION TheCityofDentonspercentageshareoftheTMPAdebtobligationstoberefundedis$13,431,467.In addition,theCityproposestorefundtheCitysUtilitySystemRevenueRefundingBonds,Series2004,with aggregateprincipalamountof$18,795,000including$273,533forthecostofissuanceandflexibilitytoprice thebondissue.Staffrequestsauthoritytorefund$32,500,000inmaximumprincipalamountofoutstanding debt. EXHIBITS 1.TMPA Resolution No. 2012-7-8 2.CABS Detail for Denton 3.Preliminary GO Refunding Analysis 4.Draft Preliminary Official Statement 5.Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance City of DentonPage 3 of 4Printed on 7/11/2014 powered by Legistar" File #:ID 14-0280,Version:1 Prepared by: Antonio Puente, Jr. Assistant Director of Finance City of DentonPage 4 of 4Printed on 7/11/2014 powered by Legistar" Exhibit 1 Exhibit 2 TEXAS MUNICIPAL POWER AGENCY CABS Detail for Denton CABS Eligible for Advanced Denton's Denton's Denton's Debt Service Refunding Share of CABS Share of Remaining Fiscal Year(P&I)(52.2332%)(21.30%)Eligible CABSShare of CABS FY15$ 120,725,000$ 63,058,531$ 25,714,425$ 13,431,467$ 12,282,958 FY16$ 120,725,000$ 63,058,531$ 25,714,425$ 13,431,467$ 12,282,958 FY17$ 120,730,000$ 63,061,142$ 25,715,490$ 13,432,023$ 12,283,467 $362,180,000$189,178,204$ 77,144,340$ 40,294,957$ 36,849,383 TOTAL Exhibit 3 SAVINGS CityofDenton,Texas GeneralObligationRefundingBonds,Series2014 (CR:UtilSysRevRefBds,Series2004) ***SeptemberIssue:LastPayment02/15/2025*** PriorRefunding DateDebtServiceDebtServiceSavings 09/30/2015958,825.00955,260.923,564.08 09/30/20162,410,412.502,107,880.00302,532.50 09/30/20172,408,125.002,103,766.25304,358.75 09/30/20182,403,500.002,098,748.75304,751.25 09/30/20192,409,750.002,103,301.25306,448.75 09/30/20202,406,625.002,103,733.75302,891.25 09/30/20212,406,625.002,100,046.25306,578.75 09/30/20222,409,118.752,106,852.50302,266.25 09/30/20232,410,968.752,103,895.00307,073.75 09/30/20242,407,043.752,101,173.75305,870.00 09/30/20252,416,818.752,113,045.00303,773.75 25,047,812.5021,997,703.423,050,109.08 SavingsSummary SavingsPVdate09/23/2014 SavingsPVrate2.539688% PVofsavingsfromcashflow2,743,979.64 Less:Priorfundsonhand-179,432.22 NetPVSavings2,564,547.42 Note:Preliminary,forillustrativepurposesonly. Jul2,20141:51pmPreparedbyFirstSouthwest(aml)(Finance7.009DENTON:2014)Page16 Exhibit 4 PRELIMINARYOFFICIALSTATEMENTRatings: Fitch:"___" DatedAugust__,2014S&P:"___" (See"OtherInformation- NEWISSUE-Book-Entry-OnlyRatings"herein) IntheopinionofBondCounsel,interestontheBondswillbeexcludablefrom regulations,publishedrulingsandcourtdecisionsexistingonthedateth includingthealternativeminimumtaxoncorporations. THEBONDSWILLNOTBEDESIGNATEDAS"QUALIFIEDTAX-EXEMPTOBLIGATIONS"FOR $28,305,000* CITYOFDENTON,TEXAS (DentonCounty) GENERALOBLIGATIONREFUNDINGBONDS,SERIES2014 DatedDate:August15,2014Due:February15,asshownbelow InterestAccruesfromDeliveryDate PT ...Interestonthe$28,305,000*CityofDenton,TexasGeneralObligationR AYMENTERMS accruefromthedeliverydate(the"DeliveryDate"),willbepayableFebrua untilmaturityorpriorredemption,andwillbecalculatedonthebasisofa3 BondswillbeinitiallyregisteredanddeliveredonlytoCede&Co.,thenomi Book-Entry-OnlySystemdescribedherein.BeneficialownershipoftheBon NophysicaldeliveryoftheBondswillbemadetothebeneficialownersthere thereofwithinamaturity.Principalof,premium,ifany, andinterestontheBondswillbepayablebythePayingAgent/RegistrartoCe theparticipatingmembersofDTCforsubsequentpaymenttothebeneficialo herein.TheinitialPayingAgent/RegistrarisTheBankofNewYorkMellonTr Agent/Registrar"). AI ...TheBondsareissuedpursuanttotheConstitutionandgenerallawsofthe UTHORITYFORSSUANCE particularlyTexasGovernmentCode,Chapter1207,asamended,andaredire fromanannualadvaloremtaxlevied,withinthelimitsprescribedbylaw,on Ordinance(definedherein)authorizingtheBonds(see"TheBonds-Authori Payment"). P ...ProceedsoftheBondsareexpectedtobeused(i)torefundcertainoutsta URPOSE attachedhereto(the"RefundedBonds")fordebtservicesavings;(ii)tore TMPAObligations")totheTexasMunicipalPowerAgency(the"TMPA")undera totherefundingofapproximately$13,431,780ofcertainoutstandingTMPA Bonds(see"PlanofFinancing"). (1) MATURITYSCHEDULE*CUSIPPrefix:248866 PrincipalInterestInitialCUSIPPrincipalInterestInitialCUSIP (1)(1) AmountMaturityRateYieldSuffixAmountMaturityRateYieldSuffix $230,0002015$3,540,0002021 1,325,00020163,730,0002022 1,370,00020173,930,0002023 1,430,00020184,130,0002024 3,195,00020192,065,0002025 3,360,0002020 _______________ (1)CUSIPisaregisteredtrademarkoftheAmericanBankersAssociation.CU byStandard&Poor'sFinancialServicesLLConbehalfoftheAmericanBanker doesnotserveinanywayasasubstitutefortheCUSIPServices.NoneoftheCi responsiblefortheselectionorcorrectnessoftheCUSIPnumberssetforth R ...TheCityreservestheright,atitsoption,toredeemBondshavingstated EDEMPTION inpartinprincipalamountsof$5,000oranyintegralmultiplethereof,onF accruedinteresttothedateofredemption(see"TheBondsOptionalRedemp L ...TheBondsareofferedfordeliverywhen,asandifissuedandreceivedbyt EGALITY oftheAttorneyGeneralofTexasandtheopinionofMcCall,Parkhurst&Horto ofBondCounsel'sOpinion"). D ...ItisexpectedthattheBondswillbeavailablefordeliverythroughTheD ELIVERY SEALEDBIDSDUE____________,2014,AT11:00AM,CDT** ______________ *Preliminary,subjecttochange.See"AdjustmentofPrincipalAmountand/ **PlaceandTimeofBidOpening...TheCitywillacceptbidsforthesaleofth initiallyending______,2014.Atleast12hourspriortothesaleoftheBond communicate,throughParityandBloomberg,thedateandtimeforsubmissio bidsuptothetimespecifiedinthenoticeashereinbeforedescribed. ThisOfficialStatement,whichincludesthecoverpageandtheAppendicesh offertobuyinanyjurisdictiontoanypersontowhomitisunlawfultomakesu Nodealer,broker,salesperson,orotherpersonhasbeenauthorizedtogive containedinthisOfficialStatement,and,ifgivenormade,suchotherinfo ForpurposesofcompliancewithRule15c2-12oftheSecuritiesandExchange StatementoftheCitywithrespecttotheBondsthathasbeen"deemedfinal"b theinformationpermittedbytheRule. TheinformationsetforthhereinhasbeenobtainedfromtheCityandotherso guaranteedastoaccuracyorcompletenessandisnottobeconstruedasthere Anyinformationandexpressionsofopinionhereincontainedaresubjectto Statementnoranysalemadehereundershall,underanycircumstances,crea theCityorothermattersdescribedhereinsincethedatehereof.See"Other descriptionoftheCity'sundertakingtoprovidecertaininformationonac NeithertheCitynoritsFinancialAdvisormakeanyrepresentationastothe byTheDepositoryTrustCompanyforuseinthisOfficialStatement. THISOFFICIALSTATEMENTCONTAINS"FORWARD-LOOKING"STATEMENTSWITHINTH SECURITIESEXCHANGEACTOF1934,ASAMENDED.SUCHSTATEMENTSMAYINVOLVEKN UNCERTAINTIES,ANDOTHERFACTORSWHICHMAYCAUSETHEACTUALRESULTS,PERFO BEDIFFERENTFROMFUTURERESULTS,PERFORMANCE,ANDACHIEVEMENTSEXPRESSE LOOKINGSTATEMENTS.INVESTORSARECAUTIONEDTHATTHEACTUALRESULTSCOULD SETFORTHINTHEFORWARD-LOOKINGSTATEMENTS. THEBONDSAREEXEMPTFROMREGISTRATIONWITHTHESECURITIESANDEXCHANGECOM HAVENOTBEENREGISTEREDTHEREWITH.THEREGISTRATION,QUALIFICATION,ORE ACCORDANCEWITHAPPLICABLESECURITIESLAWPROVISIONSOFTHEJURISDICTION REGISTERED,QUALIFIEDOREXEMPTEDSHOULDNOTBEREGARDEDASARECOMMENDATI TABLEOFCONTENTS OFFICIALSTATEMENTSUMMARY..............................3 INVESTMENTS................................................................ T14-CI.............................32 ABLEURRENTNVESTMENTS CITYOFFICIALS,STAFFANDCONSULTANTS...........5 EO.......................................................5 TAXMATTERS................................................................ LECTEDFFICIALS SAS...............................5 ELECTEDDMINISTRATIVETAFF CONTINUINGDISCLOSUREOF CA......................................5 ONSULTANTSANDDVISORS INFORMATION........................................................35 INTRODUCTION................................................................ OTHERINFORMATION...................................................36 PLANOFFINANCING........................................................7R................................................................ ATINGS L................................................................ ITIGATION THEBONDS................................................................ RQB EGISTRATIONANDUALIFICATIONOFONDS TAXINFORMATION.........................................................15 S............................................................36 FORALE T1-V,EG ABLEALUATIONXEMPTIONSANDENERAL LIES EGALNVESTMENTSANDLIGIBILITYTOECURE OD.............................................20 BLIGATIONEBT PFT....................................37 UBLICUNDSINEXAS T2-TAV ABLEAXABLESSESSEDALUATIONSBY LOAN-LC..37 EGALPINIONSNDOITIGATIONERTIFICATE C.........................................................21 ATEGORY AFDO UTHENTICITYOFINANCIALATAANDTHER T3-VGO ABLEALUATIONANDENERALBLIGATION I.....................................................37 NFORMATION DH...................................................22 EBTISTORY FA....................................................37 INANCIALDVISOR T4-TR,LC ABLEAXATEEVYANDOLLECTION VAM ERIFICATIONOFRITHMETICALANDATHEMATICAL H.............................................................22 ISTORY C..................................................38 OMPUTATIONS T5-TLT.........................22 ABLEENARGESTAXPAYERS IPB.............................38 NITIALURCHASEROFTHEONDS T6-EOTD.......23 ABLESTIMATEDVERLAPPINGAXEBT COS.............38 ERTIFICATIONOFTHEFFICIALTATEMENT DEBTINFORMATION......................................................24 F-LSD..........38 ORWARDOOKINGTATEMENTSISCLAIMER T7-GODS M..........................................................39 ABLEENERALBLIGATIONEBTERVICE ISCELLANEOUS R..................................................24 EQUIREMENTS SCHEDULEOFREFUNDEDBONDS.................ScheduleI T8-ISFB ABLENTERESTANDINKINGUNDUDGET P.......................................................25 ROJECTION APPENDICES T9-CS-SD25 ABLEOMPUTATIONOFELFUPPORTINGEBT GIRC..........A ENERALNFORMATIONEGARDINGTHEITY T10-ABUG ABLEUTHORIZEDUTNISSUEDENERAL EFC'C XCERPTSROMTHEITYSOMPREHENSIVE OB...........................................25 BLIGATIONONDS AFR................................B NNUALINANCIALEPORT T11-OO...............................26 ABLETHERBLIGATIONS FBC'O..........................C ORMOFONDOUNSELSPINION FINANCIALINFORMATION...........................................28 T12-CNP......................28Thecoverpagehereof,thispage,theschedule,theappendices ABLEHANGESINETOSITION includedhereinandanyaddenda,supplementoramendment T12A-GFR ABLEENERALUNDEVENUESAND hereto,arepartoftheOfficialStatement. EH.....................................29 XPENDITUREISTORY T13-MSTH.............30 ABLEUNICIPALALESAXISTORY 2 OFFICIALSTATEMENTSUMMARY Thissummaryissubjectinallrespectstothemorecompleteinformationand OfficialStatement.TheofferingoftheBondstopotentialinvestorsismad personisauthorizedtodetachthissummaryfromthisOfficialStatementor Statement. TC .....................................TheCityofDenton(the"City")i HEITY State,locatedinDentonCounty,Texas.TheCitycoversapproximately97.4 (see"Introduction-DescriptionoftheCity"). TB ..................................The$28,305,000*CityofDenton,Te HEONDS aretomatureonFebruary15intheyears2015through2025(see"TheBonds-De oftheBonds"). PI ...............InterestontheBondsaccruesfromtheDeliveryDate(defi AYMENTOFNTEREST 15,2015andeachAugust15andFebruary15thereafteruntilmaturityorprio (see"TheBonds-DescriptionoftheBonds"and"TheBonds-OptionalRedempt AI ..........TheBondsareissuedpursuanttotheConstitutionandgeneralla UTHORITYFORSSUANCE particularlyTexasGovernmentCode,Chapter1207,asamended,andanordin "AuthorizingBondOrdinance")oftheCityinwhichtheCityCouncildelegat CityManagerandanAssistantCityManagerauthoritytocompletethesaleof termsofthesalewillbeincludedina"PricingCertificate,"whichwillcom Bonds(theAuthorizingBondOrdinanceandthePricingCertificatefortheB referredtoasthe"BondOrdinance")(see"TheBonds-AuthorityforIssuanc SB ..........TheBondsconstitutedirectobligationsoftheCity,payablefr ECURITYFORTHEONDS taxlevied,withinthelimitsprescribedbylaw,onalltaxablepropertyloc (see"TheBonds-SecurityandSourceofPayment"). R ...............................TheCityreservestheright,atitsopti EDEMPTION afterFebruary15,2025,inwholeorinpartinprincipalamountsof$5,000or multiplethereof,onFebruary15,2024,oranydatethereafter,attheparva accruedinteresttothedateofredemption(see"TheBonds-OptionalRedemp TE ............................IntheopinionofBondCounsel,theinteres AXXEMPTION forfederalincometaxpurposesunderexistinglaw,subjecttothemattersd Matters"herein,includingthealternativeminimumtaxoncorporations. UP .......................ProceedsoftheBondsareexpectedtobeused(i)t SEOFROCEEDS theCitydescribedonScheduleIattachedhereto(the"RefundedBonds")for savings;(ii)torefinanceaportionoftheCityscontractualobligations Obligations")totheTexasMunicipalPowerAgency(the"TMPA")underapowe contractwiththeTMPA,specificallyinrespecttotherefundingofapproxi $13,431,780ofcertainoutstandingTMPAbonds;and(iii)topaythecostsas issuanceoftheBonds(see"PlanofFinancing"). R ......................................TheBondsandthepresentlyoutstandinggeneralobligationdebtoftheCity ATINGS byFitchRatings("Fitch")and"___"byStandard&Poor'sRatingServices,a Poor'sFinancialServicesLLCbusiness("S&P"). B-E-OS ......ThedefinitiveBondswillbeinitiallyregisteredanddeliveredonl OOKNTRYNLYYSTEM nomineeofDTCpursuanttotheBook-Entry-OnlySystemdescribedherein.Be ownershipoftheBondsmaybeacquiredindenominationsof$5,000orintegra thereofwithinamaturity.NophysicaldeliveryoftheBondswillbemadetot ownersthereof.Principalof,premium,ifany,andinterestontheBondswil thePayingAgent/RegistrartoCede&Co.,whichwillmakedistributionofth paidtotheparticipatingmembersofDTCforsubsequentpaymenttothebenef theBonds(see"TheBonds-Book-Entry-OnlySystem"). PR ......................TheCityhasneverdefaultedonthepaymentofitstax-supportedindebtedne AYMENTECORD _______________ *Preliminary,subjecttochange. 3 SFI ELECTEDINANCIALNFORMATION NetRatioNet FiscalTaxableTaxDebtPerCapitaTaxDebtto YearTaxableAssessedOutstandingNetFundedTaxable%of EndedEstimatedAssessedValuationatEndofTaxAssessedTotalTax (3)(7) ValuationFiscalYear 9/30PopulationPerCapitaDebtValuationCollections (2) 2010113,383$6,327,909,022$55,810$119,862,600$1,0571.89%99.66% (1) 2011114,5176,230,117,95854,403116,165,6501,0141.86%99.67% (4) (1) 2012115,6626,412,375,00455,441113,939,7009851.78%99.61% (5) 2013117,3976,716,711,36857,214120,375,5881,0251.79%99.30% (1) (6)(8)(9) 2014119,1586,979,224,27458,571123,827,1151,0391.77%99.25% (1)(8)(8) _______________ (1)Source:CityOfficials. (2)Source:USCensus. (3)ValuationsshownarecertifiedtaxableassessedvaluesreportedbytheDen ComptrollerofPublicAccounts.Certifiedvaluesaresubjecttochangethr andtheAppraisalDistrictupdatesrecords.Source:DentonCentralApprai (4)Includestaxincrementalvalueofapproximately$2,300,954thatisnotava ofCity. (5)Includestaxincrementalvalueofapproximately$10,248,781thatisnotav ofCity. (6)Includestaxincrementalvalueofapproximately$16,931,096thatisnotav ofCity. (7)Excludesself-supportedgeneralobligationdebt.SeeTables1and9herein generalobligationself-supportingdebt.TheCityspolicytopaysuchsel revenuesissubjecttochangeinthefutureattheCity'sdiscretion,althou eventtheCitychangesitpolicy,orsuchrevenuesarenotsufficienttopayd requiredtolevyanadvaloremtaxtopaysuchdebtservice. (8)Projected.ExcludestheBondsastheyareself-supportedthroughtheUtili (9)Collectionsforpartyearonly,throughJune1,2014. 4 CITYOFFICIALS,STAFFANDCONSULTANTS EO LECTEDFFICIALS Term CityCouncilExpires ChrisWattsMay,2016 Mayor KevinRodenMay,2015 Councilmember,District1 JohnRyanMay,2015 Councilmember,District2 JimEngelbrechtMay,2015 Councilmember,District3 JoeyHawkinsMay,2015 Councilmember,District4 DaltonGregoryMay,2016 Councilmember,AtLargePlace5 GregJohnsonMay,2016 Councilmember,AtLargePlace6 SAS ELECTEDDMINISTRATIVETAFF NamePosition GeorgeC.CampbellCityManager JonFortuneAssistantCityManager JohnCabralesAssistantCityManager HowardMartinAssistantCityManager BryanLangleyAssistantCityManager/CFO ChuckSpringerDirectorofFinance JenniferK.WaltersCitySecretary AnitaBurgessCityAttorney CA ONSULTANTSANDDVISORS Auditors........................................................ Dallas,Texas BondCounsel..................................................... Dallas,Texas FinancialAdvisor................................................ FortWorth,Texas ForadditionalinformationregardingtheCity,pleasecontact: BryanLangleyDavidMedanich AssistantCityManager/CFOLauraAlexander CityofDentonFirstSouthwestCompany 215E.McKinneyStreetor777MainStreet,Suite1200 Denton,Texas76201FortWorth,Texas76102 (940)349-8224(817)332-9710 5 THISPAGELEFTBLANKINTENTIONALLY 6 OFFICIALSTATEMENT RELATINGTO $28,305,000* CITYOFDENTON,TEXAS GENERALOBLIGATIONREFUNDINGBONDS,SERIES2014 INTRODUCTION ThisOfficialStatement,whichincludestheScheduleandAppendicesheret of$28,305,000*CityofDenton,TexasGeneralObligationRefundingBonds, adoptedanordinanceonJuly15,2014authorizingtheissuanceoftheBonds( AuthorizingBondOrdinance,aspermittedbytheprovisionsofChapter1207 CouncildelegatedtheauthoritytoeachoftheCityManagerandanAssistant theBondsandtoeffectthesaleoftheBondspursuanttoa"PricingCertifica CertificatefortheBondsarejointlyreferredtoasthe"BondOrdinance"). thesamemeaningsassignedtosuchtermsintheBondOrdinance,exceptasoth TherefollowsinthisOfficialStatementdescriptionsoftheBondsandcert Alldescriptionsofdocumentscontainedhereinareonlysummariesandareq document.CopiesofsuchdocumentsmaybeobtainedfromtheCity'sFinancia Texas. DC ...TheCityofDenton,Texas(the"City")isapoliticalsubdivisionlocate ESCRIPTIONOFTHEITY asahome-rulecityunderthelawsoftheStateofTexasandacharterapproved Council/ManagerformofgovernmentwheretheMayorandsixCouncilmembers CouncilformulatesoperatingpolicyfortheCitywhiletheCityManagerist 97.411squaremilesinarea. PLANOFFINANCING P ...ProceedsoftheBondsareexpectedtobeused(i)torefundcertainoutsta URPOSE ScheduleIattachedhereto(the"RefundedBonds")fordebtservicesavings obligations(the"RefundedTMPAObligations")totheTexasMunicipalPowe withtheTMPA,specificallyinrespecttotherefundingofapproximately$1 topaythecostsassociatedwiththeissuanceoftheBonds. RB ...ProceedsfromthesaleoftheBondswillbeusedinparttorefundtheRefun EFUNDEDONDS interestdueontheRefundedBondsaretobepaidontheredemptiondateofsuc fundstobedepositedpursuanttoanescrowagreementwithrespecttotheRef Agreement")betweentheCityandTheBankofNewYorkMellonTrustCompany,N TheBondOrdinanceprovidesthatfromtheproceedsofthesaleoftheBondsre otherfundsoftheCity,theCitywilldepositwiththeRefundedBondsEscrow RefundedBondsEscrowedSecurities(definedbelow)purchasedwithaporti earnedonsuchRefundedBondsEscrowedSecurities,willbesufficienttoac RefundedBondsontheirredemptiondate.SuchfundswillbeheldbytheRefun account(the"RefundedBondsEscrowFund")andusedtopurchasedirectobli "RefundedBondsEscrowedSecurities").UndertheRefundedBondsEscrowAg irrevocablypledgedtothepaymentoftheprincipalofandinterestontheRe GrantThorntonLLP("GrantThornton"),certifiedpublicaccountants,ana report(the"Report")verifyingatthetimeofdeliveryoftheBondstotheIn theschedulesthatdemonstratetheRefundedBondsEscrowedSecuritieswil togetherwithuninvestedfunds,ifany,intheRefundedBondsEscrowFund,w andinterestontheRefundedBonds.Suchmaturingprincipalofandinterest notbeavailabletopaytheBonds(see"OtherInformationVerificationofA _______________ *Preliminary,subjecttochange. 7 BydepositoftheRefundedBondsEscrowedSecuritiesandcash,ifnecessary RefundedBondsAgreement,theCitywillhaveeffectedthedefeasanceofall istheopinionofBondCounselthatasaresultofsuchdefeasanceandinrelia RefundedBondswillbeoutstandingonlyforthepurposeofreceivingpaymen ondepositintheRefundedBondsEscrowFundandanycashheldforsuchpurpos RefundedBondswillnotbedeemedasbeingoutstandingobligationsoftheCi bytheCity,asthecasemaybe,orforthepurposeofapplyinganylimitationo furtherresponsibilitywithrespecttoamountsavailableintheRefundedB Bondsfromtimetotime,includinganyinsufficiencythereincausedbythef BondsEscrowedSecurities. RTMPAO ...TheTexasMunicipalPowerAgency("TMPA")isajointpowersagencyandap EFUNDEDBLIGATIONS subdivisionoftheStateofTexasandfunctionssolelytogenerateandtrans Cities").TheCityisaMemberCityofTMPAand,alongwitheachotherMemberC memberboardofdirectorsofTMPA(the"TMPABoard").TheCityandthethreeo Texas,CityofGarland,Texas,andCityofGreenville,Texas)haveenteredi 1,1976,asamended(the"TMPAPowerSalesAgreement"),underwhichTMPAiso MemberCities,andeachMemberCityisunconditionallyobligatedtopayape expenses,TMPAsdebtserviceonitsbondsandotherdebtsandcertainother deliveredbyTMPAto,orusedby,aMemberCity.Thecontractualpercentages follows: CityofBryan,Texas:21.7% CityofDenton,Texas:21.3% CityofGarland,Texas:47.0% CityofGreenville,Texas:10.0% TMPAhasitsRevenueRefundingBonds,Series1993outstandingwhichwereis thathaveanaggregatematurityvalueof$474,515,000(the"TMPASeries199 previouslyissuedbondsbyTMPAthatwereissuedtofinanceimprovementsto accordancewithresolution2012-7-8adoptedbytheTMPABoardonJuly12,20 amongtheMemberCities,eachMemberCitymayindividuallyprepayorrestru undertheTMPAPowerSalesAgreementoftheMemberCitiesrepresentedbythe proceedsofbondsissuedbyaMemberCity. TheBondsarebeingissuedinpartforthepurposeofrefinancingaportionof theTMPAPowerSalesAgreement,specificallyinrespecttotheSeptember1, withanaggregatematurityvalueof$120,725,000.Aportionoftheproceeds City'sobligationwithrespecttotheSeptember1,2015maturityvalueofth amountof$13,430,000. InaccordancewiththeTMPAResolution,TMPAandtheCitywillenterintoane ObligationsEscrowAgreement")with[U.S.BankNationalAssociation,the Bonds](the"RefundedTMPAObligationsEscrowAgent").TheRefundedTMPAO amountsdepositedintotheescrowfundcreatedbytheRefundedTMPAObligat ObligationsEscrowFund")willbeusedtopurchasedirectobligationsofth ObligationsEscrowedSecurities").UndertheRefundedTMPAObligationsE ObligationsEscrowFundisirrevocablypledgedtothepaymentoftheprinci beingrefundedwiththeBonds(the"RefundedTMPABonds"). IntheReport,GrantThorntonwillverifyatthetimeofdeliveryoftheBonds accuracyoftheschedulesthatdemonstratetheRefundedTMPAObligationsE suchamountswhich,togetherwithuninvestedfunds,ifany,intheRefunded topay,whendue,theprincipalofandinterestontheRefundedTMPABonds.Su RefundedTMPAObligationsEscrowedSecuritieswillnotbeavailabletopay ofArithmeticalandMathematicalComputations"). BythedepositoftheRefundedTMPAObligationsEscrowedSecuritiesandcas ObligationsEscrowAgentpursuanttotheRefundedTMPAObligationsEscrow defeasanceoftheRefundedTMPABondsinaccordancewithapplicableStatel withrespecttoamountsavailableintheRefundedTMPAObligationsEscrowF Bondsfromtimetotime,includinganyinsufficiencythereincausedbythef TMPAObligationsEscrowedSecurities. 8 SUF ...TheproceedsfromthesaleoftheBonds,togetherwithotherCityfunds,i OURCESANDSESOFUNDS asfollows: THEBONDS DB ...TheBondsaredatedAugust15,2014,andmatureonFebruary15ineachofth ESCRIPTIONOFTHEONDS theamountsshownonthecoverpagehereof.Interestwillaccruefromthedat willbecomputedonthebasisofa360-dayyearoftwelve30-daymonths,andwi eachyear,commencingFebruary15,2015,untilmaturityorpriorredemptio registeredforminanyintegralmultipleof$5,000foranyonematurityandw No &Co.,thenomineeofTheDepositoryTrustCompany("DTC")pursuanttotheBo physicaldeliveryoftheBondswillbemadetothebeneficialownersthereof Principalof,premium,ifany,andintereston theBondswillbepayablebythePayingAgent/RegistrartoCede&Co.,whichw theparticipatingmembersofDTCforsubsequentpaymenttothebeneficialo OnlySystem"herein. AI ...TheBondsarebeingissuedpursuanttotheConstitutionandgenerallaws UTHORITYFORSSUANCE particularlyChapter1207,TexasGovernmentCode,asamended,andtheBond SSP ...TheBondsconstitutedirectobligationsoftheCityandtheprincipalth ECURITYANDOURCEOFAYMENT thereonarepayablefromanannualadvaloremtaxleviedbytheCity,withint propertyintheCity,asprovidedintheBondOrdinance. TRL ...AlltaxablepropertywithintheCityissubjecttotheassessment,levya AXATEIMITATION continuing,directannualadvaloremtaxsufficienttoprovideforthepaym debt,includingtheBonds,withinthelimitsprescribedbylaw.ArticleXI, theCity,andlimitsitsmaximumadvaloremtaxrateto$2.50per$100Taxable HomeRuleCharteroftheCityadoptstheconstitutionallyauthorizedmaxim Valuation.Administratively,theAttorneyGeneraloftheStateofTexaswi taxrateforallgeneralobligationdebt,ascalculatedatthetimeofissuan OR ...TheCityreservestheright,atitsoption,toredeemtheBondshavingsta PTIONALEDEMPTION February15,2025inwholeorinpartinprincipalamountsof$5,000oranyint anydatethereafter,attheparvaluethereofplusaccruedinteresttotheda redeemed,theCitymayselectthematuritiesofBondstoberedeemed.Ifless redeemed,thePayingAgent/Registrar(orDTCwhiletheBondsareinBook-En orportionsthereof,withinsuchmaturitytoberedeemed.IfaBond(oranypo calledforredemptionandnoticeofsuchredemptionshallhavebeengiven,s redeemed)shallbecomedueandpayableonsuchredemptiondateandinterest redemptiondate,providedfundsforthepaymentoftheredemptionpriceand Agent/Registrarontheredemptiondate. WithrespecttoanyoptionalredemptionoftheBondsunlesscertainprerequ Ordinancehavebeenmetandmoneysufficienttopaytheprincipalofandprem redeemedwillhavebeenreceivedbythePayingAgent/Registrarpriortothe maystatethatsaidredemptionwill,attheoptionoftheCity,beconditiona receiptofsuchmoneybythePayingAgent/Registraronorpriortothedatefi setforthinsuchnoticeofredemption.Ifaconditionalnoticeofredemptio notfulfilled,suchnoticewillbeofnoforceandeffect,theCitywillnotre givenoticeinthemannerinwhichthenoticeofredemptionwasgiven,tothee 9 NR ...Notlessthan30dayspriortoaredemptiondatefortheBonds,theCitysha OTICEOFEDEMPTION redemptiontobesentbyUnitedStatesmail,firstclass,postageprepaid,t wholeorinpart,attheaddressoftheregisteredownerappearingontheregi closeofbusinessonthebusinessdaynextprecedingthedateofmailingsuch CONCLUSIVELYPRESUMEDTOHAVEBEENDULYGIVENWHETHERORNOTTHEREGISTERED RECEIVESSUCHNOTICE.IFABOND(ORANYPORTIONOFITSPRINCIPALSUM)SHALLHA CALLEDFORREDEMPTIONANDNOTICEOFSUCHREDEMPTIONDULYGIVEN,THENUPONTH DATESUCHBOND(ORTHEPORTIONOFITSPRINCIPALSUMTOBEREDEEMED)SHALLBECO PAYABLE,AND,IFMONIESFORTHEPAYMENTOFTHEREDEMPTIONPRICEAREHELDFORT SUCHPAYMENTBYTHEPAYINGAGENT/REGISTRARANDALLOTHERCONDITIONSTOREDE SATISFIED,INTERESTSHALLCEASETOACCRUEANDBEPAYABLEFROMANDAFTERTHER DATEONTHEPRINCIPALAMOUNTREDEEMED. D ...TheBondOrdinanceprovidesthatanyBondandtheinterestthereonshall EFEASANCE nolongeroutstanding(a"DefeasedBond")withinthemeaningofsuchBondOr Bond,plusinterestthereontotheduedateeither(i)shallhavebeenmadeor thereof,or(ii)shallhavebeenprovidedforonorbeforesuchduedatebyirr PayingAgent/Registrarforsuchpayment(1)lawfulmoneyoftheUnitedStat (2)GovernmentObligationswhichmatureastoprincipalandinterestinsuc availability,withoutreinvestment,ofsufficientmoneytoprovideforsu madebytheCitywiththePayingAgent/Registrarforthepaymentofitsservi andpayable.AtsuchtimeasaBondshallbedeemedtobeaDefeasedBondhereun thereonshallnolongerbesecuredby,payablefrom,orentitledtothebenef asprovidedintheBondOrdinance,andsuchprincipalandinterestshallbep Obligations,andthereaftertheCitywillhavenofurtherresponsibilityw Agent/Registrar(orotherfinancialinstitutionpermittedbyapplicable anyinsufficiencythereincausedbythefailureofthePayingAgent/Regist applicablelaw)toreceivepaymentwhendueontheGovernmentObligations. AnymoneyssodepositedwiththePayingAgent/Registrarmayatthewrittend GovernmentObligations,maturingintheamountsandtimesashereinbefore ObligationsreceivedbythePayingAgent/Registrarwhichisnotrequiredf respecttowhichsuchmoneyhasbeensodeposited,shallbeturnedovertothe City.TheBondOrdinanceprovidesthat"GovernmentObligations"means(a) StatesofAmerica,includingobligationsthatareunconditionallyguaran obligationsofanagencyorinstrumentalityoftheUnitedStatesofAmerica guaranteedorinsuredbytheagencyorinstrumentalityandthat,onthedate astoinvestmentqualitybyanationallyrecognizedinvestmentratingfirm obligationsofastateoranagencyoracounty,municipality,orotherpolit that,onthedatetheCityCouncilapprovessuchdefeasance,areratedastoi investmentratingfirmnotlessthanAAAoritsequivalentand(d)anyothert applicableTexasstatelawthatmaybeusedtodefeaseobligationssuchasth willnotbechangedinamannerwhichwouldpermitinvestmentsotherthantho depositedtodefeasetheBonds.BecausetheBondOrdinancedoesnotcontrac willbedeemedtohaveconsentedtodefeasancewithsuchotherinvestments, notbeofthesameinvestmentqualityasthosecurrentlypermittedunderSta ratingforU.S.TreasurysecuritiesusedasGovernmentObligationsorther maintainedatanyparticularratingcategory. Uponsuchdepositasdescribedabove,suchDefeasedBondsshallnolongerbe fromadvaloremtaxesleviedbytheCityorfromtheotherrevenuespledgedto payableonlyfromthefundsandGovernmentObligationsdepositedinescrow purpose.Afterfirmbankingandfinancialarrangementsforthedischargea beenmadeasdescribedabove,allrightsoftheCitytoinitiateproceedings actionamendingthetermsoftheBondsareextinguished;provided,however notextinguishediftheCity:(i)intheproceedingsprovidingforthefirmb therighttocalltheBondsforredemption;and(ii)givesnoticeofthereser immediatelyfollowingthemakingofthefirmbankingandfinancialarrange includedinanyredemptionnoticesthatitauthorizes. B-E-OS ...ThissectiondescribeshowownershipoftheBondsistobetransferredandho OOKNTRYNLYYSTEM of,premium,ifany,andinterestontheBondsaretobepaidtoandaccredited nomineename.TheinformationinthissectionconcerningDTCandtheBook-E 10 useindisclosuredocumentssuchasthisOfficialStatement.TheCityandth informationtobereliable,buttakenoresponsibilityfortheaccuracyorc TheCityandtheInitialPurchaserscannotanddonotgiveanyassurancethat ontheBonds,orredemptionorothernotices,toDTCParticipants,(2)DTCPa paymentspaidtoDTCoritsnominee(astheregisteredowneroftheBonds),or Owners,orthattheywilldosoonatimelybasis,or(3)DTCwillserveandacti Statement.ThecurrentrulesapplicabletoDTCareonfilewiththeSecuriti proceduresofDTCtobefollowedindealingwithDTCParticipantsareonfile DTCwillactassecuritiesdepositoryfortheBonds.TheBondswillbeissued ofCede&Co.(DTCspartnershipnominee)orsuchothernameasmayberequest Onefully-registeredsecuritycertificatewillbeissuedforeachmaturit andwillbedepositedwithDTC. DTC,theworldslargestsecuritiesdepository,isalimited-purposetrus a"bankingorganization"withinthemeaningoftheNewYorkBankingLaw,ame "clearingcorporation"withinthemeaningoftheNewYorkUniformCommerci pursuanttotheprovisionsofSection17AoftheSecuritiesExchangeActof1 over3.5millionissuesofU.S.andnon-U.S.equityissues,corporateandmu (fromover100countries)thatDTCsparticipants("DirectParticipants" settlementamongDirectParticipantsofsalesandothersecuritiestransa computerizedbook-entrytransfersandpledgesbetweenDirectParticipan movementofsecuritiescertificates.DirectParticipantsincludebothU. trustcompanies,clearingcorporations,andcertainotherorganizations Trust&ClearingCorporation("DTCC").DTCCistheholdingcompanyforDTC, FixedIncomeClearingCorporation,allofwhichareregisteredclearingag subsidiaries.AccesstotheDTCsystemisalsoavailabletootherssuchasbo banks,trustcompanies,andclearingcorporationsthatclearthroughorma eitherdirectlyorindirectly("IndirectParticipants").DTChasaStanda toitsParticipantsareonfilewiththeSecuritiesandExchangeCommission www.dtcc.comandwww.dtc.org. PurchasesofBondsundertheDTCsystemmustbemadebyorthroughDirectPart BondsonDTCsrecords.Theownershipinterestofeachactualpurchaserofe recordedontheDirectandIndirectParticipantsrecords.BeneficialOwn theirpurchase,butBeneficialOwnersareexpectedtoreceivewrittenconf asperiodicstatementsoftheirholdings,fromtheDirectorIndirectParti thetransaction.TransfersofownershipinterestintheBondsaretobeacco actingonbehalfofBeneficialOwners.BeneficialOwnerswillnotreceivec theBonds,exceptintheeventthatuseofthebook-entrysystemfortheBonds Tofacilitatesubsequenttransfers,allBondsdepositedbyDirectPartici partnershipnominee,Cede&Co.,orsuchothernameasmayberequestedbyana ofBondswithDTCandtheirregistrationinthenameofCede&Co.orsuchother beneficialownership.DTChasnoknowledgeoftheactualBeneficialOwners identityoftheDirectParticipanttowhoseaccountsuchBondsarecredited TheParticipantswillremainresponsibleforkeepingaccountoftheirhold ConveyanceofnoticesandothercommunicationsbyDTCtoDirectParticipan andbyDirectParticipantsandIndirectParticipantstoBeneficialOwners toanystatutoryorregulatoryrequirementsasmaybeineffectfromtimetot certainstepstoaugmentthetransmissiontothemofnoticesofsignificant tenders,defaults,andproposedamendmentstotheBonddocuments.Forexam ascertainthatthenomineeholdingtheBondsfortheirbenefithasagreedto thealternative,BeneficialOwnersmaywishtoprovidetheirnamesandaddr noticesbeprovideddirectlytothem. RedemptionnoticesshallbesenttoDTC.IflessthanalloftheBondswithina todeterminebylottheamountoftheinterestofeachDirectParticipantins NeitherDTCnorCede&Co.willconsentorvotewithrespecttotheBondsunles accordancewithDTCsprocedures.Underitsusualprocedures,DTCmailsan 11 aftertherecorddate.TheOmnibusProxyassignsCede&Co.sconsentingorv accountstheBondsarecreditedontherecorddate(identifiedinalistinga PaymentsontheBondswillbemadetoDTC.DTCspracticeistocreditDirectP fundsandcorrespondingdetailinformationfromtheCityorthePayingAgen theirrespectiveholdingsshownonDTCsrecords.PaymentsbyParticipant instructionsandcustomarypractices,asinthecasewithsecuritiesheldf in"streetname,"andwillbetheresponsibilityofsuchParticipantandnot subjecttoanystatutoryorregulatoryrequirementsasmaybeineffectfrom theCity,disbursementofsuchpaymentstoDirectParticipantsshallbethe paymentstotheBeneficialOwnersshallbetheresponsibilityofDirectand DTCmaydiscontinueprovidingitsservicesassecuritiesdepositorywithr noticetotheCityandthePayingAgent/Registrar.Undersuchcircumstance isnotobtained,Bondcertificatesarerequiredtobeprintedanddelivered TheCitymaydecidetodiscontinueuseofthesystemofbook-entrytransfers Inthatevent,Bondswillbeprintedanddelivered. UseofCertainTermsinOtherSectionsofthisOfficialStatement.InreadingthisOfficialStatementitshouldbeunderstoodthat whiletheBondsareintheBook-Entry-OnlySystem,referencesinothersect shouldbereadtoincludethepersonforwhichtheParticipantacquiresanin mustbeexercisedthroughDTCandtheBook-Entry-OnlySystem,and(ii)exce toregisteredownersundertheBondOrdinancewillbegivenonlytoDTC. InformationconcerningDTCandtheBook-Entry-OnlySystemhasbeenobtain orcompletenessby,andisnottobeconstruedasarepresentationbytheCity ETB-E-OS ....IntheeventthattheBook-Entry-OnlySystemisdiscontinued FFECTOFERMINATIONOFOOKNTRYNLYYSTEM byDTCortheuseoftheBook-Entry-OnlySystemisdiscontinuedbytheCity,p theBondswillbesubjecttotransfer,exchangeandregistrationprovision under"TheBonds-Transfer,ExchangeandRegistration"below. PA/R ...TheinitialPayingAgent/RegistrarfortheBondsisTheBankofNewYorkM AYINGGENTEGISTRAR Company,N.A.,Dallas,Texas.IntheBondOrdinancetheCityretainstherig covenantstomaintainandprovideaPayingAgent/Registraratalltimesunt Agent/Registrarshallbeacommercialbankortrustcompanyorganizedunde qualifiedandlegallyauthorizedtoserveasandperformthedutiesandserv anychangeinthePayingAgent/RegistrarfortheBonds,theCityagreestopr eachregisteredowneroftheBondsbyUnitedStatesmail,firstclass,posta thenewPayingAgent/Registrar. IntheeventtheuseoftheBook-Entry-Onlysystemisdiscontinued,princip appearingontheregistrationbooksofthePayingAgent/Registrar(the"Re officeofthePayingAgent/RegistraruponsurrenderoftheBondsforpaymen (orotherDTCnominee)istheregisteredowneroftheBonds,allpaymentswil Entry-OnlySystem"herein.InterestontheBondsispayabletotheRegister PayingAgent/RegistraratthecloseofbusinessontheRecordDate(identif PayingAgent/Registrarbycheckmailed,firstclasspostageprepaid,toth acceptabletothePayingAgent/Registrar,requestedbyandattheriskande paymentoftheprincipaloforinterestontheBondsshallbeaSaturday,Sund institutionsinthecitywherethedesignatedcorporateofficeofthePayin executiveordertoclose,thenthedateforsuchpaymentshallbethenextsuc legalholiday,ordaywhenbankinginstitutionsareauthorizedtoclose;an effectasifmadeontheoriginaldatepaymentwasdue. T,ER ...IntheeventtheBook-Entry-OnlySystemshouldbediscontinued,printe RANSFERXCHANGEANDEGISTRATION willbedeliveredtotheRegisteredOwnersandthereaftertheBondsmaybetr ofthePayingAgent/Registraronlyuponpresentationandsurrenderofsuch suchtransferorexchangeshallbewithoutexpenseorservicechargetotheR governmentalchargesrequiredtobepaidwithrespecttosuchregistration executionofanassignmentformontheBondsorbyotherinstrumentoftransf Agent/Registrar.NewBondswillbedeliveredbythePayingAgent/Registra exchanged,atthedesignatedofficeofthePayingAgent/Registrar,orsent 12 thenewRegisteredOwnerorhisdesignee.Totheextentpossible,newBondsi deliveredtotheRegisteredOwnerorassigneeoftheRegisteredOwnerinnot theBondstobecanceled,andthewritteninstrumentoftransferorrequestf orhisdulyauthorizedagent,informsatisfactorytothePayingAgent/Regi exchangeortransfershallbeinanyintegralmultipleof$5,000foranyonem theBondssurrenderedforexchangeortransfer.See"TheBondsBook-Entry systemtobeutilizedinitiallyinregardtoownershipandtransferability Agent/RegistrarshallberequiredtotransferorexchangeanyBondcalledf thedatefixedforredemption;provided,however,suchlimitationoftrans RegisteredOwneroftheuncalledbalanceofanBond. RDIP ...Therecorddate("RecordDate")fortheinterestpayableontheBondsona ECORDATEFORNTERESTAYMENT interestpaymentdatemeansthecloseofbusinessonthelastbusinessdayof date. Intheeventofanon-paymentofinterestonascheduledpaymentdate,andfor interestpayment(a"SpecialRecordDate")willbeestablishedbythePayin ofsuchinteresthavebeenreceivedfromtheCity.NoticeoftheSpecialReco pastdueinterest("SpecialPaymentDate",whichshallbe15daysaftertheS businessdayspriortotheSpecialRecordDatebyUnitedStatesmail,firstc RegisteredOwnerofaBondappearingontheregistrationbooksofthePaying businessdaynextprecedingthedateofmailingofsuchnotice. A ...IntheBondOrdinance,theCityhasreservedtherighttoamendtheBondOr MENDMENTS anyholderoftherespectiveBondforthepurposeofamendingorsupplementi defectoromissionthereinthatdoesnotmateriallyadverselyaffectthein securityforthebenefitoftheholders,(iii)addeventsofdefaultasshall Ordinancethatdonotmateriallyadverselyaffecttheinterestsofthehold IndentureActof1939,asamended,orcorrespondingprovisionsoffederall otherprovisionsinregardtomattersorquestionsarisingundertheBondOr thereofandwhich,intheopinionofBondCounselfortheCity,donotmateria TheBondOrdinancefurtherprovidesthattheholdersoftheBondsaggregati Bondsshallhavetherightfromtimetotimetoapproveanyamendmentnotdesc deemednecessaryordesirablebytheCity;provided,however,thatwithout principalamountofthethenoutstandingBondssoaffected,noamendmentma changeinthematurityofanyoftheoutstandingBonds;(ii)reducingtherat (iii)reducingtheamountoftheprincipalof,orredemptionpremium,ifany thetermsofpaymentofprincipalorofinterestorredemptionpremiumonout respecttosuchpayment;or(v)changingtheminimumpercentageoftheprinc suchamendment.ReferenceismadetotheBondOrdinanceforfurtherprovisi R ...TheBondOrdinanceestablishesspecificeventsofdefaultwithrespect EMEDIES paymentoftheprincipaloforinterestontheBondswhendueortheCitydefau covenants,conditions,orobligationsoftheCity,thefailuretoperformw ownersthereof,includingbutnotlimitedto,theirprospectorabilitytob continuationthereofforaperiodof60daysafternoticeofsuchdefaultisg providesthatanyregisteredownerofaBondisentitledtoseekawritofmand theCitytomakesuchpaymentorobserveandperformsuchcovenants,obligat mandamusmaybesoughtifthereisnootheravailableremedyatlawtocompelp andtheCity'sobligationsarenotuncertainordisputed.Theremedyofmand withthediscretionofthecourt,butmaynotbearbitrarilyrefused.Therei ofdefaultand,consequently,theremedyofmandamusmayhavetobereliedup notprovidefortheappointmentofatrusteetorepresenttheinterestofthe performinaccordancewiththetermsoftheBondOrdinance,oruponanyother enforcesuchremedieswouldhavetobeundertakenattheinitiativeof,andb SupremeCourthasruledinTookev.CityofMexia197S.W.3d325(Tex.2006)th contractualdisputemustbeprovidedforbystatutein"clearandunambiguo TexaslegislaturehaseffectivelywaivedtheCityssovereignimmunityfr beabletobringsuchasuitagainsttheCityforbreachoftheBondsorBondOrd Chapter1371,TexasGovernmentCode("Chapter1371"),whichpertainstoth theCity,permitstheCitytowaivesovereignimmunityintheproceedingsau issuanceoftheBonds,theCityhasnotwaivedsovereignimmunity.Evenifaj couldnotbeenforcedbydirectlevyandexecutionagainsttheCity'sproper 13 forecloseonpropertywithintheCityorsellpropertywithintheCitytoenf principalofandinterestontheBonds.Furthermore,theCityiseligibleto U.S.BankruptcyCode("Chapter9").AlthoughChapter9providesfortherec specificallypledgedsourceofrevenues,thepledgeofadvaloremtaxesins notspecificallyrecognizedasasecurityinterestunderChapter9.Chapte prohibit,withoutBankruptcyCourtapproval,theprosecutionofanyother whichhassoughtprotectionunderChapter9.Therefore,shouldtheCityava abilitytoenforcewouldbesubjecttotheapprovaloftheBankruptcyCourt( BankruptcyCourtinsteadofotherfederalorstatecourt);andtheBankrupt BankruptcyCourtinadministeringanyproceedingbroughtbeforeit.Theop relativetotheenforceabilityoftheBondsarequalifiedwithrespecttoth byprinciplesofgovernmentalimmunity,andbygeneralprinciplesofequit Initially,theonlyRegisteredOwneroftheBondswillbeCede&Co.,asDTC's System"hereinforadescriptionofthedutiesofDTCwithregardtoownershi 14 TAXINFORMATION AVTL ...TheappraisalofpropertywithintheCityistheresponsibilityoftheDe DALOREMAXAW (the"AppraisalDistrict").Excludingagriculturalandopen-spaceland, AppraisalDistrictisrequiredunderV.T.C.A.,TitleI,TaxCode,asamende withintheAppraisalDistrictonthebasisof100%ofitsmarketvalueandisp determiningthemarketvalueofproperty,differentmethodsofappraisalm methodofappraisalandthemarketdatacomparisonmethodofappraisal,and appraiseristobeused.Statelawrequirestheappraisedvalueofaresidenc asaresidencehomestead,regardlessofwhetherresidentialuseisconside lawfurtherlimitstheappraisedvalueofaresidencehomesteadforataxyea themarketvalueofthepropertyforthemostrecenttaxyearthatthemarketv thesumof(a)10%ofthepropertysappraisedvalueintheprecedingtaxyear precedingtaxyear,plus(c)themarketvalueofallnewimprovementstothep AppraisalDistrictissubjecttoreviewbyanAppraisalReviewBoard,consi theAppraisalDistrict.TheAppraisalDistrictisrequiredtoreviewtheva threeyears.TheCitymayrequireannualreviewatitsownexpense,andisent ofpropertywithintheCitybypetitionfiledwiththeAppraisalReviewBoar ReferenceismadetothePropertyTaxCode,foridentificationofpropertys exemptedfromtaxation,ifclaimed;theappraisalofpropertyforadvalore applicabletothelevyandcollectionofadvaloremtaxes. ArticleVIIIoftheStateConstitution("ArticleVIII")andStatelawprovi ofagriculturalandopen-spacelandsatproductivityvalue,andtheexempt UnderSection1-b,ArticleVIII,andStatelaw,thegoverningbodyofapolit exemptionofnotlessthan$3,000ofthemarketvalueoftheresidencehomest disabledfromalladvaloremtaxesthereafterleviedbythepoliticalsubdi repealedordecreasedorincreasedinamount(i)bythegoverningbodyofthe majorityofthequalifiedvotersatanelectioncalledbythegoverningbody calleduponreceiptofapetitionsignedbyatleast20%ofthenumberofquali thepoliticalsubdivision.Inthecaseofadecrease,theamountoftheexemp marketvalue. Thesurvivingspouseofanindividualwhoqualifiesfortheforegoingexemp older(butnotthedisabled)isentitledtoanexemptionforthesamepropert whichthedeceasedspousequalifiedif(i)thedeceasedspousediedinayear exemption,(ii)thesurvivingspousewasatleast55yearsofageatthetimeo propertywastheresidencehomesteadofthesurvivingspousewhenthedecea homesteadofthesurvivingspouse. InadditiontoanyotherexemptionsprovidedbythePropertyTaxCode,thego option,maygrantanexemptionofupto20%ofthemarketvalueofresidenceho $5,000. InthecaseofresidencehomesteadexemptionsgrantedunderSection1-b,Ar leviedagainstthevalueofhomesteadsexemptedwhereadvaloremtaxeshave cessationofthelevywouldimpairtheobligationofthecontractbywhichth UnderArticleVIIIandStatelaw,thegoverningbodyofacounty,municipali ontotalamountofadvaloremtaxesleviedontheresidencehomesteadofadis abovetheamountoftaximposedintheyearsuchresidencequalifiedforsuch byfivepercentoftheregisteredvotersofthecounty,municipalityorjuni bymajorityvotewhethertoestablishsuchalimitationontaxespaidonresi aredisabled.Uponprovidingforsuchexemption,thetotalamountoftaxesi exceptforimprovements(otherthanmaintenance,repairsorimprovements andsuchfreezeistransferabletoadifferentresidencehomestead.Also,a freezeonadvaloremtaxesisentitledtothesameexemptionsolongasthepro spousewhenthedeceasedspousediedandremainstheresidencehomesteadof 55yearsofageatthetimeofthedeathoftheindividualsspouse.Onceestab StatelawandSection2,ArticleVIII,mandateanadditionalpropertytaxex childrenofadeceasedveteranwhodiedwhileonactivedutyinthearmedforc 15 propertywiththeamountofassessedvaluationexemptedrangingfrom$5,00 degreeofdisabilityorwhethertheexemptionisapplicabletoasurvivings inthe2009taxyear,adisabledveteranwhoreceivesfromtheUnitedStatesD percentdisabilitycompensationduetoaservice-connecteddisabilityan unemployabilityisentitledtoanexemptionfromtaxationofthetotalappr addition,effectiveJanuary1,2012,andsubjecttocertainconditions,su disabilityratingof100%willbeentitledtoreceivearesidentialhomeste deceasedspouseuntilsuchsurvivingspouseremarries. ArticleVIIIprovidesthateligibleownersofbothagriculturalland(Sect open-spacelanddevotedtofarmorranchpurposesoropen-spacelanddevote appraisedforpropertytaxationonthebasisofitsproductivecapacity.Th and1-d-1. Nonbusinesspersonalproperty,suchasautomobilesorlighttrucks,areex ofapoliticalsubdivisionelectstotaxthisproperty.Boatsownedasnonbu ArticleVIII,Section1-j,providesfor"freeportproperty"tobeexempted goodsdetainedinTexasfor175daysorlessforthepurposeofassembly,stor Notwithstandingsuchexemption,counties,schooldistricts,juniorcoll propertyprovidedofficialactiontotaxthesamewastakenbeforeApril1,1 thefuture;decisionstoexemptfreeportpropertyarenotsubjecttorevers ArticleVIII,Section1-noftheTexasConstitutionprovidesfortheexempt transit"isdefinedbySection11.253ofthePropertyTaxCode,whichiseffe propertyacquiredorimportedintoTexasandtransportedtoanotherlocati ofthedatethepropertywasacquiredorimportedintoTexas.Theexemptione aircraftandspecialinventory,includingmotorvehicle,vesselandout-b inventory.Section11.253permitslocalgovernmentalentities,onalocal yearprecedingataxyear,afterholdingapublichearing,totax"goods-in- onlyreceiveeitherthefreeportexemptionorthe"goods-in-transit"exem TheCityorDentonCountymaycreateoneormoretaxincrementfinancingdist asapplicable,andfreezethetaxablevaluesofpropertyintheTIFattheval unitslevyingtaxesintheTIFmayagreetocontributeallorpartoffuturead ofpropertyintheTIFinexcessofthe"frozenvalues"topayorfinancetheco TaxesleviedbytheCityagainstthevaluesofrealpropertyintheTIFinexce cityusebutarerestrictedtopayingorfinancing"projectcosts"withinth agreementstoencourageeconomicdevelopment.Undertheagreements,apro onitsproperty.TheCityinturnagreesnottolevyataxonallorpartofthein expirationoftheagreement.Theabatementagreementcouldlastforaperio zonesfortaxabatementsandthreetaxincrementfinancingzonesfortaxinc TaxAbatementPolicy"and"-TaxIncrementFinancing"and"Table1-Valuati TheCityisalsoauthorized,pursuanttoChapter380,TexasLocalGovernmen programstopromotestateorlocaleconomicdevelopmentandtostimulatebu accordancewithaprogramestablishedpursuanttoChapter380,theCitymay developmentpurposes,howevernoobligationssecuredbyadvaloremtaxesm votersoftheCity.TheCityhasenteredintoseveralChapter380Agreements Agreements". ETRRTR ...UnderthecurrentPropertyTaxCodeagoverningbodyofataxingunitis FFECTIVEAXATEANDOLLBACKAXATE requiredtoadoptitsannualtaxrateper$100taxablevaluefortheunitbefo datethecertifiedappraisalrollisreceivedbythetaxingunit,andafailu thetaxrateforthetaxingunitforthetaxyeartobetheloweroftheeffectiv adoptedbythetaxingunitfortheprecedingtaxyear.ByeachSeptember1ora adoptsataxrateper$100taxablevalueforthecurrentyear.Thetaxratecon maintenanceandoperationexpenditures,and(2)aratefordebtservice. UnderthePropertyTaxCode,theCitymustannuallycalculateandpublicize CityCouncilmaynotadoptataxratethatexceedstheloweroftheeffectivet publichearingsontheproposedincreasefollowingnoticetothetaxpayers Iftheadoptedtaxrateexceedstherollbacktaxratethequalifiedvotersof heldtodeterminewhetherornottoreducethetaxrateadoptedforthecurren 16 "Effectivetaxrate"meanstheratethatwillproducelastyear'stotaltaxl (adjusted)."Adjusted"meanslostvaluesarenotincludedinthecalculati inthisyear'staxablevalues. "Rollbacktaxrate"meanstheratethatwillproducelastyear'smaintenanc values(adjusted)multipliedby1.08plusaratethatwillproducethisyear dividedbytheanticipatedtaxcollectionrate. ThePropertyTaxCodeprovidesthatcertaincitiesandcountiesintheState anadditionalone-halfcentsalestaxonretailsalesoftaxableitems.Ifth rollbacktaxratecalculationsarerequiredtobeoffsetbytherevenuethat ReferenceismadetothePropertyTaxCodefordefinitiverequirementsfort calculationofthevariousdefinedtaxrates. PATP ...PropertywithintheCityisgenerallyassessedasofJanuary1ofeachyea ROPERTYSSESSMENTANDAXAYMENT Businessinventorymay,attheoptionofthetaxpayer,beassessedasofSept basisofavaluationprocesswhichusesanaverageofthedailypriceofoilan 1ofthesameyear,andbecomedelinquentonFebruary1ofthefollowingyear. Statelawtopaytaxesonhomesteadsinfourinstallmentswiththefirstdueo dueonAugust1. PI ...Chargesforpenaltyandinterestontheunpaidbalanceofdelinquenttax ENALTIESANDNTEREST CumulativeCumulative MonthPenaltyInterestTotal February6%1%7% March729 April8311 May9413 June10515 July12618 AfterJuly,thepenaltyremainsat12%,andinterestaccruesatarateofonep thetaxremainsunpaid.Adelinquenttaxcontinuestoincurthepenaltyinte whetherajudgmentforthedelinquenttaxhasbeenrendered.Thepurposeofi unitforrevenuelostbecauseofthedelinquency.Inaddition,ifanaccount to20%maybeaddedtothetotaltaxpenaltyandinterestcharge.Undercertai onthehomesteadofataxpayer65yearsoldorolderincurapenaltyof8%peran assessed.Ingeneral,propertysubjecttotheCity'slienmaybesold,inwho amountsdue.Federallawdoesnotallowforthecollectionofpenaltyandint bankruptcylawprovidesthatanautomaticstayofactionbycreditorsandot effectwiththefilingofanypetitioninbankruptcy.Theautomaticstaypre andpreventsliensforpost-petitiontaxesfromattachingtopropertyando anorderliftingthestayisobtainedfromthebankruptcycourt.Inmanycase expenseoftheestateinbankruptcyorbyorderofthebankruptcycourt. CATC ...TheCitygrantsanexemptiontothemarketvalueoftheresidencehomeste ITYPPLICATIONOFAXODE 65yearsofageorolderof$50,000.Disabledtaxpayersalsoreceivea$10,00 TheCitygrantsanadditionalone-halfofonepercent,oraminimumof$5,000 homesteads. SeeTable1foralistingoftheamountsoftheexemptionsdescribedabove. AdvaloremtaxesarenotleviedbytheCityagainsttheexemptvalueofreside TheCitydoesnottaxnonbusinesspersonalproperty. DentonCountybegancollectingtaxesfortheCityduringthefiscalyear200 TheCitydoesnotallowsplitpayments,anddiscountsarenotallowed. TheCitydoesnottaxfreeportproperty. 17 TheCitycollectstheadditionalone-halfcentsalestaxforreductionofad TheCitydoestax"goods-in-transit". TheCityhasnotadoptedthetaxfreezeforcitizenswhoaredisabledorare65 TheCityhasadoptedataxabatementpolicy. TheCityparticipatesintwotaxincrementreinvestmentzones,whichwerec TIF ...TheCitycreatedTaxIncrementReinvestmentZoneNumberOne(knownasth AXNCREMENTINANCING TIF)in2010.The2013incrementaltaxableassessedvaluationfortheDownt approximately$116,782inprojectedadvaloremrevenue,whichisreported ReinvestmentZoneFundfortheFY2013-14AdoptedBudget.TheTIFwillexpir participationof:100%foryears1-5;95%foryears6-10;90%foryears11-20 TheCitycreatedTaxIncrementReinvestmentZoneNumberTwo(knownastheWe infrastructurenecessarytoencouragedevelopmentinthelargestindustr certifiedbasevalueofWestparkTIRZ,accordingtotheDentonCentralAppr valuewas$116,277whichisbelowthe2012basevalueandassuch,norevenues WestparkTaxIncrementReinvestmentZoneFund.However,theestimatedrev approximately$14.3millionforinfrastructureimprovements.TheCitywi contribute$4.2millionintotheWestparkTIRZFund. In2014,theCityCouncilcreatedTaxIncrementReinvestmentZoneNumberTh collaborativeeffortbetweentheCityofDenton,OReillyHospitalityMan (OHPD),andtheUniversityofNorthTexas(UNT).Thesiteisapproximately1 ApogeeStadium.Theapproximately318roomHoteland7,485Restaurantwoul squarefootConventionCenterwouldbeCityfunded.Thetotalprojectcosti Center;$60millionHotelandRestaurant). The2013certifiedbasevalueofTIRZThree,accordingtotheDentonCentral AssumingDentonCountyandDentonIndependentSchoolDistrict(DISD)part overthelifeoftheTIRZis$13,673,693.TheCity,CountyandDISDwouldcont and$3,953,845intotheTIRZfund,respectively.ThesedollarsreflectCit years,and75%participationbytheCountyandDISDforthesameduration.Th participationandwillbeequaltotheTIRZrevenuecapturedduringtheTIRZ above. TAP ...TheCityhasadoptedataxabatementpolicy.In1990,theCitycouncilado AXBATEMENTOLICY guidelinesandcriteriaforgrantingabatementsinreinvestmentzonescre thatincentivesarelimitedtocompanieswhichcreatenewwealthanddonota theCity.TheCityCouncilapprovedthefollowingtaxabatementagreements In2007,a100%taxabatementforatermofuptosevenyearswasgrantedtoAldi $52milliondistributioncenter.Theabatementamountisbasedonthecosti site.Theprojectwascompletedin2009andtheagreementwillterminatein2 In2010,a65%taxabatementagreementforatermoffiveyearswasgrantedtoT squarefootfrozenandrefrigeratedfooddistributioncenter.Targetopen residents.Theagreementwillterminatein2017. In2011,a40%taxabatementagreementforatermoffiveyearswasgrantedtoP squarefoot,$16millionmanufacturingfacility.PeerlessisanexistingD manufacturingoperationstoDenton.Theagreementwillterminatefiveyea completedconstructionofthe80,000squarefootmanufacturingfacilityi In2011,anagreementwasapprovedforLabinalInc.,partoftheSafranGroup electricalwiringharnessandintegrationsystemsfortheaviation,space relocatedandexpandeditsNorthAmericanWiringandServicesDivisionhea integrationsystemmanufacturingsitesandover700employeestotheforme companyreceiveda50%,three-yeartaxrebateonincreasedvaluationofatl In2012,anagreementwasapprovedforMaydayManufacturing/TailwindTech precisionbushings,sleeves,pins,andothermachinepartsusedintheaero TechMetalRefinishingisco-locatedwithMaydayandprovidesmetalfinish additionalcustomers.Thecompanypurchasedan80,000squarefootfacilit newsitelocationinFebruary2013thatincludeda15,000squarefootexpans 18 yeartaxrebateonincreasedvaluationofatleast$3millionoverthebaseva spaceinDentonintothenewfacilitybyfall2014. In2013,a65%taxabatementagreementforatermoffouryearswasgrantedtoT theirfacilityandrelocatingtheircorporateheadquartersoperationsfr manufactures,processes,packagesanddistributesliquidfoodsallovert approximately220,000squarefeet.Theincreaseinrealandbusinessperso projectexpansionisestimatedat$10.7million.TetraPakMaterialsexpec thisexpansion. C380A ...TheCityhasalsoenteredintoseveralChapter380agreements.Eachagre HAPTERGREEMENTS projectscontributionineithersalesorpropertytaxrevenue.TheCityCo agreements: In2001,anagreementwasapprovedforthe450,000squarefoot,$50millionD granteereceivesone-thirdoftheCitysalestaxgeneratedbytheprojectfo reimbursementforpublicimprovementcostsrelatedtotheproject.Thepro Grantwasinitiatedin2005.Theagreementwillterminatein2019. In2003,anagreementwasapprovedforSallyBeautyCompanyfortheirnewint $29million.Thecompanyreceivesagrantequalto40%ofthepropertytaxpai aperiodoftenyears.Theten-yearperiodterminatesin2014butthefinalgr In2004,anagreementwasapprovedforTeasleyPartnersforanurbanstylemi receiveone-thirdoftheCitysalestaxgeneratedbytheprojectforamaximu publicimprovementcostsrelatedtotheproject.Theprojecthasnotbeenco residentialunitshavebeencompleted,noqualifyingretailhasbeenconst In2004,anagreementwasapprovedforUnicornLake,anurbanstylemixed-us receiveone-thirdoftheCitysalestaxgeneratedbytheprojectforamaximu publicimprovementcostsrelatedtotheproject.Althoughtheprojectisst satisfiedthethresholdsestablishedintheagreement.Thegrantpayments agreementwillterminatein2024. In2007,anagreementwasapprovedforAllegianceHillviewfortheRayzorRa acreprojectwillhaveoveronemillionsquarefeetofretailandwillbebuil salestaxreimbursementforpublicimprovementcosts,whichincludethewi project.Thegranteewillreceiveamaximumof$20millionovera15yearterm millionoveratermof20yearsforphasetwo.TheMarketplacecompletedover commercialspace.SamsandWal-MartanchortheMarketplacewith137,381a Samsisvaluedat$12.2millionandWal-Martat$15.4million.The30,000sq retailandrestauranttenants.Someofthenewstoresinthedevelopmentinc Below,Jo-AnnsFabric,Petco,andPaneraBread.Additionalretailerssch forLess,BootBarn,StyleforLess,AcademySports,ColorfulHearing,andS 600,000squarefootRayzorRanchTownCenterhasbeensubmittedandCinemar operationby2015. In2008,anagreementwasapprovedfortheexpansionofajewelrymanufactur manufacturerofhighschoolandcollegeclassrings.Thegrantisbasedon75 generatedbytheexpansionforatermofsevenyears.Theprojectwascomplet 2015. In2010,anagreementwasapprovedforGrandMesa,contractorforSchlumber revenuegeneratedfortheir150,000squarefootregionalmaintenancefaci SchlumbergerTechnologyCorporationin2012.Agreementthresholdsrequi improvementsandbusinesspersonalpropertyvaluationandthecreationof termoftheagreementissevenyearsandwillterminatein2017. In2011,anagreementwasapprovedforamajorrenovationoftheGoldenTrian $45millionmustbeinvestedintothepropertyforthenewownerstoreceivea therenovations.TheagreementallowsGoldenTriangleMalluntilOctober1 Thetermoftheagreementis20years.Thefirstphaseoftherenovationswasc installationofenergyefficientlighting,anewCenterCourt,Wi-fi,inte entranceupdates,anewfoodcourt,pylonsignandwayfindinghavebeencons theredevelopment. AP ...InaccordancewithNon-AnnexationAgreements(NAAs)associatedwitht NNEXATIONLANS proceedings,theCitywillconsiderinthenext12monthstoextendtheNAAso approximately4,731acres.ThefinancialimpacttotheCityisnotconsider extended. 19 T1-V,EGOD ABLEALUATIONXEMPTIONSANDENERALBLIGATIONEBT 2013/14MarketValuationEstablishedbyDentonCentralAppraisalDistric$7,962,652,760 LessExemptions/Reductionsat100%MarketValue: ResidenceHomesteadExemptions$83,466,451 Over65Exemptions277,098,487 DisabledPersonsExemptions2,433,553 DisabledVeteransExemptions26,207,294 AgriculturalLandUseProductivity265,534,556 Historical/OtherExemptions3,518,873 FreeportExemptions204,356,249 AbatementExemptions82,762,254 PollutionExemptions30,774,681 CommunityHousingDevelopmentExemptions472 HomesteadCapAdjustment7,275,616983,428,486 2013/14TaxableAssessedValuation(asof7-26-13)$6,979,224,274 2013/14IncrementalTaxableAssessedValueofRealPropertywithinReinve(16,931,096) 2013/14TaxableAssessedValuationavailableforGeneralObligationsand$6,962,293,178 2014/15TaxableAssessedValuation(asof7-__-14)$- (1) CityFundedDebtPayablefromAdValoremTaxes GeneralObligationBonds(asof6-1-14)$130,350,000 CertificatesofObligation(asof6-1-14)285,120,000 TaxandUtilitySystemRevenueRefundingBonds(asof6-1-14)47,090,000 (2) TheBonds28,305,000 FundedDebtPayablefromAdValoremTaxes$490,865,000 (3) LessSelf-SupportingGeneralObligationDebt SolidWasteSystemGeneralObligationDebt$35,307,885 (4) UtilitySystemGeneralObligationDebt331,730,000367,037,885 NetTaxSupportedDebtPayablefromAdValoremTaxes$123,827,115 InterestandSinkingFundasof6-1-14(unaudited)$9,558,600 RatioTotalFundedDebttoTaxableAssessedValuation..................7.05% RatioNetFundedDebttoTaxableAssessedValuation....................1.78% 2014EstimatedPopulation-119,158 PerCapitaTaxableAssessedValuation-$58,571 PerCapitaTotalFundedDebt-$4,119 PerCapitaNetFundedDebt-$1,039 ________________ (1)Theabovestatementofindebtednessdoesnotinclude$112,170,000Utility solelyfromthenetrevenuesoftheUtilitySystem(the"System"),asdefine (2)Preliminary,subjecttochange. (3)Asamatterofpolicy,theCityprovidespaymentofdebtserviceonitsgenera UtilitySystemandSolidWasteSystemfromsurplusrevenuesoftheseSystem Requirements"and"Table9ComputationofSelf-SupportingDebt").Thisp theCitychangesitspolicy,orsuchrevenuesarenotsufficienttopaydebts levyanadvaloremtaxtopaysuchdebtservice. TheCitysUtilitySystemiscomprisedoftheCitysentireexistingelectr system.TheCitysUtilitySystemGeneralObligationDebthasbeenissuedt Systemimprovementsandcontractualobligationsandispaid,orisexpecte has$112,170,000UtilitySystemRevenueBondsoutstandingpayablefromap RefundedBonds. TheCitysSolidWasteSystemGeneralObligationDebthasbeenissuedtofin andispaid,orisexpectedtobepaid,fromSolidWasteSystemrevenues.TheC RevenueBonds. (4)IncludestheBonds.Preliminary,subjecttochange. 20 (1) T2-TAVC ABLEAXABLESSESSEDALUATIONSBYATEGORY TaxableAppraisedValueforFiscalYearEndedSeptember30, 201420132012 %of%of%of CategoryAmountTotalAmountTotalAmountTotal Real,Residential,SingleFamily$3,720,193,26846.72%$3,633,577,30247.68%$3,610,010,43949.78% Real,Residential,Multi-Family924,229,11711.61%816,319,29210.71%689,687,3709.51% Real,VacantLots/Tracts150,027,3061.88%125,343,5281.64%140,758,1511.94% Real,Acreage(LandOnly)274,941,3223.45%338,412,7914.44%366,276,9305.05% Real,FarmandRanchImprovements80,481,9751.01%37,671,5870.49%37,791,6670.52% Real,CommercialandIndustrial1,621,678,79220.37%1,520,034,39319.94%1,449,703,79419.99% Real,Oil,Gas,andOtherMineralReserves78,106,9290.98%107,460,9641.41%86,195,9361.19% RealandTangiblePersonal,Utilities91,097,4441.14%90,748,5001.19%87,973,6721.21% TangiblePersonal,CommercialandIndustrial943,996,53311.86%884,681,44811.61%714,263,6959.85% TangiblePersonal,Other15,167,6040.19%16,249,7940.21%14,868,3340.21% RealandSpecialProperty,Inventory62,732,4700.79%50,894,5770.67%54,969,6310.76% TotalAppraisedValueBeforeExemptions$7,962,652,760100.00%$7,621,394,176100.00%$7,252,499,619100.00% Less:TotalExemptions/Reductions(983,428,486)(904,682,808)(840,124,615) (2)(3)(4) TaxableAssessedValue$6,979,224,274$6,716,711,368$6,412,375,004 TaxableAppraisedValuefor FiscalYearEndedSeptember30, 20112010 %of%of CategoryAmountTotalAmountTotal Real,Residential,SingleFamily$3,545,009,74350.46%$3,475,374,68748.95% Real,Residential,Multi-Family661,530,4419.42%688,298,0689.70% Real,VacantLots/Tracts149,930,8582.13%162,282,4642.29% Real,Acreage(LandOnly)352,636,9835.02%356,896,0585.03% Real,FarmandRanchImprovements32,148,7880.46%33,242,4940.47% Real,CommercialandIndustrial1,381,432,99719.66%1,392,817,17919.62% Real,Oil,Gas,andOtherMineralReserves116,459,1751.66%68,616,7100.97% RealandTangiblePersonal,Utilities66,756,6730.95%79,577,1041.12% TangiblePersonal,CommercialandIndustrial651,961,4909.28%749,892,93110.56% TangiblePersonal,Other16,634,4720.24%17,779,7520.25% RealProperty,Inventory51,489,9180.73%74,454,4311.05% TotalAppraisedValueBeforeExemptions$7,025,991,538100.00%$7,099,231,878100.00% Less:TotalExemptions/Reductions(795,873,580)(771,322,856) TaxableAssessedValue$6,230,117,958$6,327,909,022 _______________ (1)Valuationsshownarecertifiedtaxableassessedvaluesreportedbythe ComptrollerofPublicAccounts.Certifiedvaluesaresubjecttochangethr theAppraisalDistrictupdatesrecords.FortheFiscalYearended2014,the informationasofJanuary1,2013. (2)Includestaxincrementalvalueofapproximately$16,931,096thatisno ofCity. (3)Includestaxincrementalvalueofapproximately$10,248,781thatisno ofCity. (4)Includestaxincrementalvalueofapproximately$2,300,954thatisnot City. 21 T3-VGODH ABLEALUATIONANDENERALBLIGATIONEBTISTORY NetRatioNetNet FiscalTaxableTaxDebtTaxDebtFundedTax YearTaxableAssessedOutstandingtoTaxableDebt EndedEstimatedAssessedValuationatEndAssessedPer (3)(7) 9/30PopulationValuationPerCapitaofYearValuationCapita (2) 2010113,383$6,327,909,022$55,810$119,862,6001.89%$1,057 (1) 2011114,5176,230,117,95854,403116,165,6501.86%1,014 (1) (4) 2012115,6626,412,375,00455,441113,939,7001.78%985 (1) (5) 2013117,3976,716,711,36857,214120,375,5881.79%1,025 (1) (6)(8) (8) 2014119,1586,979,224,27458,571123,827,1151.77%1,039 _______________ (1) Source:CityOfficials. (2) Source:USCensus. (3) ValuationsshownarecertifiedtaxableassessedvaluesreportedbytheDen Accounts.Certifiedvaluesaresubjecttochangethroughouttheyearascon records.Source:DentonCentralAppraisalDistrictasofJuly26,2013. (4) Includestaxincrementalvalueofapproximately$2,300,954thatisnotava (5) Includestaxincrementalvalueofapproximately$10,248,781thatisnotav (6) Includestaxincrementalvalueofapproximately$16,931,096thatisnotav (7) Excludesself-supportedgeneralobligationdebt.SeeTables1and9herein self-supportingdebt.TheCityspolicytopaysuchself-supportinggener futureattheCity'sdiscretion,althoughtheCityhasnocurrentplanstodo notsufficienttopaydebtserviceonsuchobligations,theCitywillberequ (8) Projected.ExcludestheBondsastheyareself-supportedthroughtheUtili T4-TR,LCH ABLEAXATEEVYANDOLLECTIONISTORY Fiscal YearDistribution EndedTaxGeneralInterestand%Current%Total (1) TaxLevy 9/30RateFundSinkingFundCollectionsCollections 2010$0.66652$0.44765$0.21887$42,937,13698.86%99.66% 20110.689750.470880.2188743,865,53399.05%99.67% 20120.689750.470880.2188744,829,39899.18%99.61% 20130.689750.470880.2188746,695,49599.30%99.30% (2)(2) 20140.689750.474800.2149548,139,19999.25%99.25% _______________ (1)Taxlevyforthe2014yearisbasedontheCertifiedValue.Prioryearsrepres September30,2013andincludetaxincrementalvalues. (2)Collectionsforpartyearonly,throughJune1,2014. T5-TLT ABLEENARGESTAXPAYERS 2013/14%ofTotal TaxableTaxable AssessedAssessed NameofTaxpayerNatureofPropertyValuationValuation PaccarInc.DieselTruckManufacturing$87,651,5891.26% ColumbiaMedicalCenterofDentonHospital/ProfessionalBuilding82,293,8951.18% InlandWesternDentonCrossingLtdPSRealEstateDevelopment48,794,7750.70% CypressDentonStationLTDResidentialMultifamily37,841,2640.54% FlowersBakingCo.ofDentonLLCBakery31,563,9250.45% VerizonSouthwestTelephoneUtility28,717,7400.41% HRAUniversityCourtyardLLCApartments28,000,0000.40% Sterling-NTXLPRealEstateDevelopment27,371,7960.39% GELTimberlinksLLCDResidentialMultifamily26,000,0000.37% AndersonMerchandisersDistributionCenter24,987,3850.36% $423,222,3696.06% Source:DentonCentralAppraisalDistrict. 22 GODL ...NogeneralobligationdebtlimitationisimposedontheCityundercurre ENERALBLIGATIONEBTIMITATION lawortheCity'sHomeRuleCharter(see"TheObligationsTaxRateLimitati valoremtaxrates). T6-EOTD ABLESTIMATEDVERLAPPINGAXEBT ExpendituresofthevarioustaxingentitieswithintheterritoryoftheCit onpropertieswithintheCity.SuchentitiesareindependentoftheCityand Thisstatementofdirectandestimatedoverlappingadvaloremtaxdebt("Ta in"TexasMunicipalReports"publishedbytheMunicipalAdvisoryCouncilo City,theCityhasnotindependentlyverifiedtheaccuracyorcompleteness suchinformationasbeingaccurateorcomplete.Furthermore,certainenti thedatehereof,andsuchentitiesmayhaveprogramsrequiringtheissuance amountofwhichcannotbedetermined.Thefollowingtablereflectstheesti 2013/14City'sAuthorized Taxable2013/14TotalEstimatedOverlappingButUnissued AssessedTaxFunded%FundedDebtDebtAsOf TaxingJurisdictionValueRateDebtApplicableAsof6-1-146-1-14 (1)(2) CityofDenton$6,979,224,274$0.68975$123,827,115100.00%$123,827,115$12,400,000 DentonIndependentSchoolDistrict9,591,174,5811.53000631,577,95763.32%399,915,162187,745,000 DentonCounty57,196,387,0090.28490591,585,00012.30%72,764,955184,556,687 ArgyleIndependentSchoolDistrict974,335,5821.4750052,214,3398.72%4,553,09045,000,000 AubreyIndependentSchoolDistrict546,835,7311.5100051,775,7140.58%300,299- KrumIndependentSchoolDistrict689,512,1211.5400044,645,5323.79%1,692,066- PilotPointIndependentSchoolDistrict475,629,5211.3700018,918,2680.07%13,243- PonderIndependentSchoolDistrict712,318,9511.3850025,715,0002.49%640,304- SangerIndependentSchoolDistrict690,356,3781.3720724,431,7651.65%403,124- TotalDirectandOverlappingFundedDebt$604,109,358 RatioofDirectandOverlappingFundedDebttoTaxableAssessedValuation&8.66% PerCapitaOverlappingFundedDebt&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&$5,223.06 __________________ (1)Includestaxincrementalvalueofapproximately$16,931,096thatisnotav ofCity. (2)ExcludestheBondsandotherself-supportingdebt.SeeTables1and9herein generalobligationself-supportingdebt.Preliminary,subjecttochange 23 DEBTINFORMATION 24 (1) T8-ISFBP ABLENTERESTANDINKINGUNDUDGETROJECTION TaxSupportedDebtServiceRequirements,FiscalYearEnding9/30/2014...$44,277,495 InterestandSinkingFundBalanceasof9/30/13........................$4,572,807 InterestandSinkingFundTaxLevy...................................14,965,568 FromRevenueSupportedSources.....................................29,261,927 InterestIncome..................................................50,00048,850,302 EstimatedBalance,9/30/14........................................$4,572,807 _______________ (1)Source:City'sAnnualBudgetforFiscalYear2013/14. T9-CS-SD ABLEOMPUTATIONOFELFUPPORTINGEBT NetRevenuefromSolidWasteSystem,FiscalYearEnded9-30-13...........$8,060,896 Less:SolidWasteSystemRevenueBondRequirements,2014FiscalYear.....- BalanceAvailableforOtherPurposes................................$8,060,896 SolidWasteSystemGeneralObligationBondRequirements,2014FiscalYear5,933,390 Balance.........................................................$2,127,506 NetRevenuefromUtilitySystem(ElectricSystemandWaterworksandSewerS$51,708,404 Less:UtilitySystemRevenueBondRequirements,2014FiscalYear........19,697,088 BalanceAvailableforOtherPurposes................................$32,011,317 UtilitySystemGeneralObligationBondRequirements,2014FiscalYear...22,568,110 Balance.........................................................$9,443,206 NOTE:TheCityspolicytopayitsself-supportinggeneralobligationdebt attheCity'sdiscretion,althoughtheCityhasnocurrentplanstodoso.Int arenotsufficienttopaydebtserviceonsuchobligations,theCitywillber service. T10-ABUGOB ABLEUTHORIZEDUTNISSUEDENERALBLIGATIONONDS Amount DateAmountHeretoforeUnissued PurposeAuthorizedAuthorizedIssuedBalance Street11/6/2012$20,400,000$8,000,000$12,400,000 AIAGOD ...AsshowninTable10abovetheCitywillhave NTICIPATEDSSUANCEOFDDITIONALENERALBLIGATIONEBT $12,400,000votedbutunissueddebtremainingtobeissuedfromtheNovembe tax-supporteddebtotherthanvoterapprovedgeneralobligationbondstof obligationortaxanticipationnotes,withoutsubmittingameasuretothev rightsforareferendum.TheCityanticipatestheissuanceofapproximatel inthesecondquarterof2015.Inaddition,theCityrecentlycompletedwork citizenadvisorycommitteeindevelopingrecommendationsforapotential TheCommitteepresenteditsrecommendationstotheCityCouncilonJune3,2 electioninAugust2014.VoterconsiderationwouldoccurinNovember2014. 25 T11-OO ABLETHERBLIGATIONS TheCityhasenteredintocapitalleaseagreements.Thefollowingisasched capitalleasesandthepresentvalueofthenetminimumleasepaymentsasofS YearAnnual EndingLease 30-SepPayment 2014$1,228,711 201558,497 201658,497 201758,496 TotalMinimumLeasePayment$1,404,201 Less:AmountRepresentingInterest57,465 PresentValueofMinimumFutureLeasePayments$1,346,736 PF ...TheCityprovidespensionbenefitsforallofitsfull-timeemployees(e ENSIONUND MunicipalRetirementSystem("TMRS"),aState-wideadministeredpension withfiveormoreyearsofserviceorwithtwentyyearsofserviceregardless Citymakesannualcontributionstotheplanequaltotheamountsaccruedfor Beginningin2009,theCityofDentonelectedto"phasein"highercontribut ordertorecognizethechangetoaProjectedUnitCostMethodinthe2007valu theactuariallydeterminedannualrequiredcontribution(ARC),andassuc Insubsequentyears,thisnetpensionobligationwillcontinuetoincrease The"phasein"periodwasexpectedtolasteightyearsfromfiscalyear2009t structureapprovedbytheTexasLegislaturewithSenateBill350(SB350)an managementbeganpayingthefullARCinOctober2012. ThefundedstatusasofDecember31,2010,December31,2011andDecember31, Actuarial ActuarialActuarialAccruedUnfunded FiscalValuationValuationLiabilityAALFunded YearDateofAssets(AAL)(UAAL)Ratio 201112/31/2010$208,101,143$279,659,548$71,558,40574.4% 201212/31/2011229,285,432298,900,73269,615,30076.7% 201312/31/2012252,276,946315,416,97263,140,02680.0% OnOctober9,2013,subsequenttotheCitysyearend,theTMRSBoardadopted actuarialvalues: MortalityTablesThemortalitytablesusedtodeterminetheannuitypurch increasinglifeexpectancyofplanmembersandretirees.EffectiveJanuar retireesonlyandwillbephasedinoverthirteenyears. EntryAgeNormalActuarialMethodTMRSwillbechangingfromtheProjected AgeNormalmethod,themostwidelyusedactuarialmethodbypublicsectorpe GovernmentalAccountingStandardsBoard(GASB)beginninginfiscalyear2 Liabilityforfinancialreportingpurposes.Thiswillmorecloselyalignf CityimplementsGASBStatementNo.68"AccountingandFinancialReporting StatementNo.27." FormoredetailedinformationconcerningtheTMRSplanaswellastheCitys calendaryears2010-2012,seeAppendixB,"ExcerptsfromtheCitysCompre page54andExhibitXII,page67. 26 FRRF ...TheCityprovidespensionbenefitsforfirefightersthroughtheDenton IREMENSELIEFANDETIREMENTUND ReliefandRetirementFund(the"FiremensFund").Firefightersmayretir memberisvestedaftertenyearsofcreditedservice.AsofDecember31,2011 receivingbenefitsandterminatedemployeesentitledtobenefitsbutnoty vestedand(iii)66employeeswhowerenotvested.AsofDecember31,2011,th $21,059,268andthefundedratiowas72%.Anactuarial/liabilityassessme underwayforcalendaryear2013andisexpectedtobeavailablethesummerof theFiremen'sFundaswellastheCityshistoricalunfundedactuarialaccr AppendixB,"ExcerptsfromtheCitysComprehensiveAnnualFinancialRepo OPEB ...TheCityprovidespost-employmentmedicalcare("OPEB")forretiredem THEROSTMPLOYMENTENEFITS throughasingle-employerdefinedbenefitmedicalplan.Theplanprovides anddependentsthoughtheCitysgrouphealthinsuranceplans,whichcover benefitlevels,andcontributionratesareapprovedannuallybytheCityma inratesubsidiesforretireesareapprovedbytheCityCouncil.Sinceanirr accountedforasatrustfund.Theplandoesnotissueaseparatefinancialre TheCityprovidespost-employmentmedical,dental,andvisioncarebenefi employeemustqualifyforretirementundertheTexasMunicipalRetirement RetirementPlan.Retireesmustmakeaone-timeirrevocabledecisiontocho eligibilityforthebenefitsceases. AllmedicalcarebenefitsareprovidedthroughtheCitysself-insuredhea affordedtoactiveemployees. Actuarialvaluationshavebeencompletedbyanoutsideconsultingfirmreg theCitywiththeCitysOPEBrequirementsassumingtheCity'splanofferin TheCitysannualOPEBcostiscalculatedbasedontheannualrequiredcontr determinedinaccordancewiththeparametersofGASBStatement45.Theannu fundingthat,ifpaidonanongoingbasis,isprojectedtocovernormalcoste liabilitiesoveraperiodnottoexceedthirtyyears.TheCitysannualOPEB areasfollowsatSeptember30,2013: FiscalYearEndedSeptember30, 2013201220112010 AnnualOPEBCosts$1,519,439$1,520,203$1,270,279$1,284,569 ActualContributions$898,583$1,481,210$623,130$370,759 NetOPEBObligations$3,827,341$3,206,485$3,167,492$2,520,343 AsofDecember31,2011,thedateofthelatestactuarialreport,theCitysa suchdatetheCityhadfunded0%ofsuchamount. TheCitysGASB45liabilitywasdiscussedatlengthwiththeAudit/Finance ofthesediscussions,theCityCouncilconcurredwiththestaffrecommenda gobasis.Thepay-as-you-goapproachhasbeenrecommendedsince1)thispro relativelysmallincomparisontotheCitysoverallbudget,and3)thepay- untilapproximatelytheyear2031.Formoredetailedinformationconcerni andrelatedliabilities,aswellastheCityshistoricalunfundedactuari CitysComprehensiveAnnualFinancialReport"-NoteV.B.,page59andExhi 27 FINANCIALINFORMATION T12-CNP ABLEHANGESINETOSITION FiscalYearEndedSeptember30, Revenues:20132012201120102009 ProgramRevenue: ChargesforServices$17,091,719$15,980,821$15,673,556$14,781,002$14,924,773 OperatingGrantsandContributions3,118,1052,598,1574,270,6973,407,0852,281,136 CapitalGrantsandContributions14,671,5714,292,4687,497,90815,206,4243,641,296 GeneralRevenue: PropertyTax47,275,55245,174,16044,144,84443,144,64543,187,433 SalesTax26,522,47325,886,94022,871,28220,484,95420,466,772 OtherTaxes/Fees22,578,63921,839,81821,219,34619,131,16217,270,857 (1) Miscellaneous1,428,9071,390,3982,830,2976,375,6785,741,097 TotalRevenue$132,686,966$117,162,762$118,507,930$122,530,950$107,513,364 Expenditures: GeneralGovernment$27,686,735$29,421,275$28,198,604$29,569,535$27,482,131 PublicSafety52,906,98552,496,01049,154,37147,998,90645,368,783 PublicWorks18,663,88418,662,02916,089,30215,767,92615,816,065 ParksandRecreation13,714,24512,968,42612,421,89312,854,33612,755,037 InterestonLong-TermDebt4,464,3094,755,9385,046,7245,121,3295,733,268 TotalExpenses$117,436,158$118,303,678$110,910,894$111,312,032$107,155,284 IncreaseinNetPositionbeforeTransfers$15,250,808$(1,140,916)$7,597,036$11,218,918$358,080 (2) Transfers(101,707)887,287(10,430,082)482,801846,119 Increase(Decrease)inNetPosition$15,149,101$(253,629)$(2,833,046)$11,701,719$1,204,199 (3) PriorPeriodAdjustment--(10,674,744)-- NetPositionatBeginningofYear140,250,065140,503,694154,011,484142,309,765141,105,566 (4) NetPositionatEndofYear $155,399,166$140,250,065$140,503,694$154,011,484$142,309,765 _______________ (1)The$3.3milliondecreaseinmiscellaneousrevenuesismainlyduetothe theCitysairport. (2)Thetransferoutprimarilyconsistedofa$10milliontransfertothenew (3)Thepriorperiodadjustmentwasrecordedtoreducethebeginningfundba timingoftherecognitionofintergovernmentalrevenues.Thesefundswere expendedforspecificpurposeswithinastatedtime-frame.Theentryreduc revenuesby$10,674,744asofthebeginningoftheyear. (4)Unrestrictednetposition,thatpartofthenetpositionthatmaybeused $35,136,072asofSeptember30,2013(seeAppendixB,"ExcerptsfromtheCom referstogovernmentalactivitiesonlyanddoesnotincludeenterprisefun activities. 28 T12A-GFREH ABLEENERALUNDEVENUESANDXPENDITUREISTORY FiscalYearEndedSeptember30, Revenues:20132012201120102009 Taxes$59,278,152$57,148,330$53,492,664$50,049,759$49,769,861 LicensesandPermits1,446,5801,436,2151,460,5481,198,5521,265,733 FranchiseFee13,597,25313,751,61519,324,24417,457,99415,669,981 FinesandForfeitures4,229,1074,241,3954,216,2474,378,0644,691,420 FeesforService5,631,8295,666,4135,656,5505,989,3495,888,390 InterestRevenue141,734187,527172,719237,559744,122 Intergovernmental1,021,581949,422825,549770,164718,453 Miscellaneous84,929255,035193,022317,460229,599 TotalRevenues$85,431,165$83,635,952$85,341,543$80,398,901$78,977,559 Expenditures: GeneralGovernment$21,067,238$20,951,203$19,495,940$22,037,729$21,318,437 PublicSafety49,622,23746,797,41744,921,71343,156,47841,999,464 PublicWorks2,816,9232,591,5177,483,9266,516,2766,738,327 ParksandRecreation10,579,0669,704,0759,422,4329,837,07310,016,114 CapitalOutlay616,199712,055575,128691,880809,004 DebtService: PrincipalRetirement-78,092140,422185,154223,106 TotalExpenditures$84,701,663$80,834,359$82,039,561$82,424,590$81,104,452 Excess(Deficiency)ofRevenuesOverExpenditures$729,502$2,801,593$3,301,982$(2,025,689)$(2,126,893) OtherFinancingSources(Uses): CapitalLeases$-$-$-$-$44,865 TransfersIn2,60014,30120,3041,018,218112,022 SaleofCapitalAssets137,417153,12790,699160,495- Transfers(Out)(950,421)(1,556,944)(515,761)(421,200)(612,532) TotalOtherFinancingSources(Uses)$(810,404)$(1,389,516)$(404,758)$757,513$(455,645) NetChangesinFundBalances$(80,902)$1,412,077$2,897,224$(1,268,176)$(2,582,538) FundBalancesatBeginningofYear25,836,08024,424,00321,526,77922,794,95525,377,493 FundBalancesatEndofYear$25,755,178$25,836,080$24,424,003$21,526,779$22,794,955 29 T13-MSTH ABLEUNICIPALALESAXISTORY TheCityhasadoptedtheMunicipalSalesandUseTaxAct,V.T.C.A.,TaxCode, imposeandlevya1%LocalSalesandUseTaxwithintheCity;theproceedsarec thepaymentoftheObligations.Collectionsandenforcementsareeffected StateofTexas,whoremitstheproceedsofthetax,afterdeductionofa2%ser votersoftheCityapprovedtheimpositionofanadditionalone-halfofonep September2003,thevotersoftheCityapprovedtheimpositionofanadditio CountyTransportationAuthority.TheimplementationofthistaxbeganJan TransportationAuthority. Fiscal Year%ofEquivalentof EndedTotalAdValoremAdValoremPer (1) 9/30CollectedTaxLevyTaxRateCapita 2010$21,015,17348.94%$0.3321$185 201122,871,28152.14%0.3671200 201225,886,93857.75%0.4037224 201326,522,47356.80%0.3949226 (2) 201415,594,37332.39%0.2234131 _______________ (1)Source:CityofDentonAnnualProgramofServices. (2)CollectionsthroughJune1,2014. ThesalestaxbreakdownfortheCityisasfollows: PropertyTaxRelief0.50¢ DentonCountyTransportationAuthority0.50¢ CitySales&UseTax1.00¢ StateSales&UseTax6.25¢ Total8.25¢ FP INANCIALOLICIES BasisofAccounting...TheaccountingpoliciesoftheCityconformtogener AccountingStandardsBoardandprogramstandardsadoptedbytheGovernmen andCanada.TheGFOAhasawardedaCertificateofAchievementforExcellenc eachfiscalyearsince1983.TheCity'scurrentreportwillbesubmittedtoG TheCityhasalsoreceivedtheGFOA'sawardforDistinguishedBudgetPresen ThemeasurementfocusesfortheEnterpriseFunds,InternalServiceFundsa determinationandcostofservice,respectively.Accordingly,theaccrua accountingperiodinwhichtheyareearnedandincurredandnetincome,isut wherebyrevenuesarerecognizedwhentheybecomebothmeasurableandavail recognizedwhentherelatedfundliabilityisincurred,isusedforallothe BudgetaryProcedures...AsprescribedbyCityCharter,theCityManager,w CityCouncilaproposedbudgetforthefiscalyearbeginningthefollowingO andrevenuesrequiredtofundtheexpenditures.FollowingCouncilconside orderedandconductedforthepurposeofobtainingtaxpayercomments.Theb ordinancebytheCityCouncilpriortothebeginningofthefiscalyear.Theb acceptedaccountingprinciples.TheCitystrivestomaintainanunreserve 30 INVESTMENTS TheCityinvestsitsinvestablefundsininvestmentsauthorizedbyTexasla CityCouncil.BothTexaslawandtheCitysinvestmentpoliciesaresubject LI ...UnderTexaslaw,theCityisauthorizedtoinvestin(1)obligations,inc EGALNVESTMENTS UnitedStatesoritsagenciesandinstrumentalities,(2)directobligatio instrumentalities;(3)collateralizedmortgageobligationsdirectlyis States,theunderlyingsecurityforwhichisguaranteedbyanagencyorinst theprincipalandinterestofwhichisguaranteedorinsuredbyorbackedbyt UnitedStatesortheirrespectiveagenciesandinstrumentalities,includ FederalDepositInsuranceCorporationorbytheexplicitfullfaithandcre agencies,counties,cities,andotherpoliticalsubdivisionsofanystate investmentratingfirmnotlessthanAoritsequivalent;(6)bondsissued,a certificatesofdepositandsharecertificatesmeetingtherequirementso TexasGovernmentCode,asamended(the"PFIA"))thatareissuedbyorthroug branchofficeinTexas,andareguaranteedorinsuredbytheFederalDeposit ShareInsuranceFund,oraresecuredastoprincipalbyobligationsdescrib andamountprovidedbylawforCitydeposits,orareinvestedbytheCitythro orabranchofficeintheStateofTexasandotherwisemeettherequirementso agreementsthathaveadefinedterminationdate,arefullysecuredacombin whicharepledgedtotheCity,heldintheCitysname,anddepositedattheti thirdpartyselectedandapprovedbytheCityandareplacedthroughaprimar FederalReserve,orafinancialinstitutiondoingbusinessintheState,(9 270daysorless,iftheshort-termobligationsoftheacceptingbankoritsp atleastonenationallyrecognizedcreditratingagency,(10)commercialp ratedatleastA-1orP-1ortheequivalentbyeither(a)twonationallyrecog recognizedcreditratingagencyifthepaperisfullysecuredbyanirrevoca no-loadmoneymarketmutualfundsregisteredwithandregulatedbytheSecu weightedaveragestatedmaturityof90daysorlessandincludeintheirinve assetvalueof$1foreachshare,and(12)no-loadmutualfundsregisteredwi haveanaverageweightedmaturityoflessthantwoyears,investexclusivel continuouslyratedastoinvestmentqualitybyatleastonenationallyreco itsequivalent.Ifspecificallyauthorizedintheauthorizingdocument,b contractsthathaveadefinedterminationdateandaresecuredbyobligatio instrumentalitiesinanamountatleastequaltotheamountofbondproceeds prohibitedobligationsdescribedinthenextsucceedingparagraph. TheCitymayinvestinsuchobligationsdirectlyorthroughgovernmentinve providedthatthepoolsareratednolowerthanAAAorAAA-moranequivalentb TheCitymayalsocontractwithaninvestmentmanagementfirmregisteredun U.S.C.Section80b-1etseq.)orwiththeStateSecuritiesBoardtoprovidef orotherfundsunderitscontrolforatermuptotwoyears,buttheCityretain ordertoreneworextendsuchacontract,theCitymustdosobyorder,ordinan prohibitedfrominvestingin:(1)obligationswhosepaymentrepresentsth theunderlyingmortgage-backedsecuritycollateralandpaysnoprincipal streamofcashflowfromtheunderlyingmortgage-backedsecurityandbears haveastatedfinalmaturityofgreaterthan10years;and(4)collateralize determinedbyanindexthatadjustsoppositetothechangesinamarketindex PoliticalsubdivisionssuchastheCityareauthorizedtoimplementsecuri theprogramare100%collateralized,aloanmadeundertheprogramallowsfo theprogramiseithersecuredby(a)obligationsthataredescribedinclaus subcaption,(b)irrevocablelettersofcreditissuedbyastateornational investmentratingfirmnotlessthan"A"oritsequivalent,or(c)cashinves through(6)and(10)through(12)ofthefirstparagraphunderthissubcapti heldascollateralunderaloanarepledgedtothegovernmentalbody,heldin thetimetheinvestmentismadewiththeCityorathirdpartydesignatedbyth placedthrougheitheraprimarygovernmentsecuritiesdealerorafinancia (iv)theagreementtolendsecuritieshasatermofoneyearorless. IP ...UnderTexaslaw,theCityisrequiredtoinvestitsfundsunderwrittenin NVESTMENTOLICIES emphasizesafetyofprincipalandliquidity;thataddressinvestmentdive investmentmanagement;andthatincludesalistofauthorizedinvestments individualinvestment,themaximumaveragedollar-weightedmaturityall marketpriceofinvestmentsacquiredwithpublicfunds,arequirementfors 31 fundsandmutualfunds,onadeliveryversuspaymentbasis,andprocedurest withpublicfundsandtheliquidationofsuchinvestmentsconsistentwitht beinvestedconsistentwithaformallyadopted"InvestmentStrategyState EachInvestmentStrategyStatementwilldescribeitsobjectivesconcerni safetyofprincipal,(3)liquidity,(4)marketabilityofeachinvestment, UnderTexaslaw,Cityinvestmentsmustbemade"withjudgmentandcare,unde prudence,discretion,andintelligencewouldexerciseinthemanagemento investment,consideringtheprobablesafetyofcapitalandtheprobablein officersoftheCityshallsubmitaninvestmentreportdetailing:(1)thein jointlypreparedandsignedthereport,(3)thebeginningmarketvalue,the thereportingperiodofeachpooledfundgroup,(4)thebookvalueandmarket reportingperiod,(5)thematuritydateofeachseparatelyinvestedasset, individualinvestmentwasacquired,and(7)thecomplianceoftheinvestme statementsand(b)statelaw.NopersonmayinvestCityfundswithoutexpres AP ...UnderTexaslawtheCityisadditionallyrequiredto:(1)annuallyrevie DDITIONALROVISIONS strategies;(2)adoptarule,order,ordinanceorresolutionstatingthati strategiesandrecordsanychangesmadetoeitheritsinvestmentpolicyori ordinanceorresolution;(3)requireanyinvestmentofficerswithpersona securitiestotheCitytodisclosetherelationshipandfileastatementwit requiretheregisteredprincipaloffirmsseekingtosellsecuritiestothe (b)acknowledgethatreasonablecontrolsandprocedureshavebeenimpleme betweentheCityandthebusinessorganizationthatarenotauthorizedbyth thisauthorizationisdependentonananalysisofthemakeupoftheCitysen subjectiveinvestmentstandards),and(c)deliverawrittenstatementatt themanagementcontrolsoninvestmentsandadherencetotheCitysinvestm theTreasurer,ChiefFinancialOfficerandinvestmentofficers;(7)restr andrestricttheinvestmentofreverserepurchaseagreementfundstonogre restricttheinvestmentinno-loadmutualfundsintheaggregatetonomoret excludingbondproceedsandreservesandotherfundsheldfordebtservice; conformtothenewdisclosure,rating,netassetvalue,yieldcalculation, review,revise,andadoptalistofqualifiedbrokersthatareauthorizedto (1) T14-CI ABLEURRENTNVESTMENTS AsofMay31,2014,theCitysavailablefundswereinvestedasfollows: Market ValueMarketBook DescriptionPercentValueValue TreasurySecuirites-Coupon2.97%$15,180,660$15,157,136 FederalAgencyIssues-Coupon44.82%229,749,175229,314,777 FederalAgencyIssues-Callable3.13%16,017,91715,980,413 MunicipalBonds-Coupon5.97%30,607,00030,531,360 (2) CDs-CDARS8.58%44,000,00044,000,000 (3) CDs-Collateralized 13.07%67,000,00067,000,000 CommercialPaperDisc.-Amortizing3.90%19,976,97219,970,537 (3) DemandDeposits 17.57%90,037,08090,037,080 100.00%$512,568,804$511,991,303 _______________ (1)TherearenoCityfundsinvestedinderivativesecurities,i.e.,securitie someotherinstrument,indexorcommodity. (2)FullyinsuredbyFDIC. (3)InsureduptotheFDIClimitwithuninsuredamountscollateralizedbyU.S.f ofprincipalplusaccruedinterest. 32 TAXMATTERS O PINIONS OnthedateofinitialdeliveryoftheBonds,McCall,Parkhurst&HortonL.L. renderitsopinionthat,inaccordancewithstatutes,regulations,publis ("ExistingLaw"),(1)interestontheBondsforfederalincometaxpurposes holdersthereofand(2)theBondswillnotbetreatedas"specifiedprivatea asanalternativeminimumtaxpreferenceitemundersection57(a)(5)ofthe asstatedabove,BondCounseltotheCitywillexpressnoopinionastoanyoth purchase,ownershipordispositionoftheBonds.SeeAppendixCFormofOpi Inrenderingeachoftheforegoingopinions,BondCounseltotheCitywillre oftheCity,includinginformationandrepresentationscontainedintheCi issue,(b)covenantsoftheCitycontainedintheBonddocumentsrelatingto theproceedsoftheBondsandtheRefundedObligationsandthepropertyfinancedorrefinancedthere verificationreportpreparedbyGrantThorntonLLP.FailurebytheCitytoo covenantscouldcausetheinterestontheBondstobecometaxableretroacti TheCodeandtheregulationspromulgatedthereundercontainanumberofreq issuanceoftheBondsinorderforinterestontheBondstobe,andtoremain,e taxpurposes.Failuretocomplywithsuchrequirementsmaycauseinteresto retroactivelytothedateofissuanceoftheBonds.TheopinionofBondCouns Citywithsuchrequirements,andBondCounseltotheCityhasnotbeenretain subsequenttotheissuanceoftheBonds. BondCounselsopinionrepresentsitslegaljudgmentbaseduponitsreview aforementionedinformation,representationsandcovenants.BondCounse LawissubjecttochangebytheCongressandtosubsequentjudicialandadmin DepartmentoftheTreasury.TherecanbenoassurancethatsuchExistingLaw inamannerwhichwouldadverselyaffectthetaxtreatmentofthepurchase,o ArulingwasnotsoughtfromtheInternalRevenueServicebytheCitywithres orrefinancedtherewith.BondCounselsopinionrepresentsitslegaljudg representationsoftheCitythatitdeemsrelevanttorendersuchopinionan givenastowhetherornottheInternalRevenueServicewillcommenceanaudi RevenueServicewouldagreewiththeopinionofBondCounsel.Ifanauditisc InternalRevenueServiceislikelytotreattheCityasthetaxpayerandtheh insuchprocedure.Noadditionalinterestwillbepaiduponanydeterminati FITATOID EDERALNCOMEAXCCOUNTINGREATMENTOFRIGINALSSUEISCOUNT Theinitialpublicofferingpricetobepaidforoneormorematuritiesofthe oroneormoreperiodsforthepaymentofinterestontheBondsmaynotbeequal year(the"OriginalIssueDiscountBonds").Insuchevent,thedifferenceb eachOriginalIssueDiscountBond,and(ii)theinitialofferingpricetoth constituteoriginalissuediscount.The"statedredemptionpriceatmatur Bondslesstheamountofallperiodicinterestpayments.Periodicinterest accrualperiods(orduringanyunequalperiodifitistheinitialorfinalpe donotexceedoneyear. Underexistinglaw,anyownerwhohaspurchasedsuchOriginalIssueDiscoun excludefromgrossincome(asdefinedinsection61oftheCode)anamountofi DiscountBondequaltothatportionoftheamountofsuchoriginalissuedisc discussionofcertaincollateralfederaltaxconsequences,seediscussio Intheeventoftheredemption,saleorothertaxabledispositionofsuchOri however,theamountrealizedbysuchownerinexcessofthebasisofsuchOrig owner(adjustedupwardbytheportionoftheoriginalissuediscountalloca DiscountBondwasheldbysuchinitialowner)isincludableingrossincome. 33 Underexistinglaw,theoriginalissuediscountoneachOriginalIssueDisc thereof(inamountscalculatedasdescribedbelowforeachsix-monthperio anniversarydatesofthedateoftheBondsandratablywithineachsuchsix-m initialownersbasisforsuchOriginalIssueDiscountBondforpurposesof suchownerupontheredemption,saleorotherdispositionthereof.Theamou equalto(a)thesumoftheissuepriceandtheamountoforiginalissuediscou tostatedmaturity(determinedonthebasisofcompoundingatthecloseofea lengthoftheaccrualperiod)less(b)theamountspayableascurrentintere DiscountBond. Thefederalincometaxconsequencesofthepurchase,ownership,redemptio DiscountBondswhicharenotpurchasedintheinitialofferingattheinitia whichdifferfromthosedescribedabove.AllownersofOriginalIssueDisco withrespecttothedeterminationforfederal,stateandlocalincometaxpu redemption,saleorotherdispositionofsuchOriginalIssueDiscountBond foreigntaxconsequencesofthepurchase,ownership,redemption,saleoro Bonds. CFITC OLLATERALEDERALNCOMEAXONSEQUENCES Thefollowingdiscussionisasummaryofcertaincollateralfederalincome ownershipordispositionoftheBonds.Thisdiscussionisbasedonexisting decisions,allofwhicharesubjecttochangeormodification,retroactive Thefollowingdiscussionisapplicabletoinvestors,otherthanthosewhoa financialinstitutions,propertyandcasualtyinsurancecompanies,life SecurityorRailroadRetirementbenefits,individualsallowedanearnedi earningsandprofitsandexcesspassiveinvestmentincome,foreigncorpor qualifyingforthehealthinsurancepremiumassistancecredit,andtaxpay indebtednesstopurchasetax-exemptobligations. THEDISCUSSIONCONTAINEDHEREINMAYNOTBEEXHAUSTIVE.INVESTORS,INCLUDI SUBJECTTOSPECIALPROVISIONSOFTHECODE,SHOULDCONSULTTHEIROWNTAXADVI TAXTREATMENTWHICHMAYBEANTICIPATEDTORESULTFROMTHEPURCHASE,OWNERSH DISPOSITIONOFTAX-EXEMPTBONDSBEFOREDETERMININGWHETHERTOPURCHASETH InterestontheBondswillbeincludableasanadjustmentfor"adjustedcurr imposedoncorporationsbysection55oftheCode. Undersection6012oftheCode,holdersoftax-exemptobligations,suchast receivedoraccruedduringeachtaxableyearontheirreturnsoffederalinc Section1276oftheCodeprovidesforordinaryincometaxtreatmentofgainr obligation,suchastheBonds,ifsuchobligationwasacquiredata"marketd isequalto,orexceeds,oneyearfromthedateofissue.Suchtreatmentappli gaindoesnotexceedtheaccruedmarketdiscountofsuchbonds;althoughfor discountisignored.A"marketdiscountbond"isonewhichisacquiredbythe statedredemptionpriceatmaturityor,inthecaseofabondissuedatanorig issuepriceplusaccruedoriginalissuediscount).The"accruedmarketdis marketdiscountasthenumberofdaysduringwhichtheholderholdstheoblig acquisitiondateandthefinalmaturitydate. S,LFT TATEOCALANDOREIGNAXES Investorsshouldconsulttheirowntaxadvisorsconcerningthetaximplica Bondsunderapplicablestateorlocallaws.Foreigninvestorsshouldalsoc consequencesuniquetoinvestorswhoarenotUnitedStatespersons. FPL UTUREANDROPOSEDEGISLATION Taxlegislation,administrativeactionstakenbytaxauthorities,orcour adverselyaffectthetax-exemptstatusofinterestontheBondsunderFeder marketabilityoftheBonds.Anysuchproposalcouldlimitthevalueofcerta exclusionfortax-exemptinterest.Thelikelihoodofanysuchproposalbei purchasersoftheBondsshouldconsulttheirowntaxadvisorsregardingthe 34 CONTINUINGDISCLOSUREOFINFORMATION IntheBondOrdinance,theCityhasmadethefollowingagreementforthebene Bonds.TheCityisrequiredtoobservetheagreementforsolongasitremains Undertheagreement,theCitywillbeobligatedtoprovidecertainupdatedf timelynoticeofspecifiedevents,totheMunicipalSecuritiesRulemaking AR ...TheCitywillprovidecertainupdatedfinancialinformationandoperat NNUALEPORTS basisinanelectronicformatthatisprescribedbytheMSRBandavailablevi ("EMMA")atwww.emma.msrb.org.Theinformationtobeupdatedincludesall datawithrespecttotheCityofthegeneraltypeincludedinthisOfficialSt through14andinAppendixB.TheCitywillupdateandprovidethisinformati yearendinginandafter2014. Theupdatedinformationwillincludeauditedfinancialstatements,ifthe requiredtime.Ifauditedfinancialstatementsarenotavailablebythereq informationofthetypedescribedinthenumberedtablesintheprecedingpa auditedfinancialstatementswhenandifsuchauditedfinancialstatement bepreparedinaccordancewiththeaccountingprinciplesdescribedinAppe CitymayberequiredtoemployfromtimetotimepursuanttoStatelaworregul TheCityscurrentfiscalyearendisSeptember30.Accordingly,itmustpro unlesstheCitychangesitsfiscalyear.IftheCitychangesitsfiscalyear, Thefinancialinformationandoperatingdatatobeprovidedmaybesetforth includedbyspecificreferencetoanydocumentavailabletothepubliconth StatesSecuritiesandExchangeCommission(the"SEC"),aspermittedbySEC NCE ...TheCitywillalsoprovidetimelynoticesofcertaineventstotheMSRB.T OTICEOFERTAINVENTS noticeofanyofthefollowingeventswithrespecttotheObligationstotheM businessdaysaftertheoccurrenceoftheevent):(1)principalandinteres defaults,ifmaterial;(3)unscheduleddrawsondebtservicereservesrefl creditenhancementsreflectingfinancialdifficulties;(5)substitutio (6)adversetaxopinions,theissuancebytheInternalRevenueServiceofpr ofProposedIssue(IRSForm5701-TEB),orothermaterialnoticesordetermi Obligations,orothermaterialeventsaffectingthetaxstatusoftheOblig Obligations,ifmaterial;(8)Obligationcalls,ifmaterial,andtenderof propertysecuringrepaymentoftheObligations,ifmaterial;(11)ratingc similareventoftheCity,whichshalloccurasdescribedbelow;(13)thecon involvingtheCityorthesaleofallorsubstantiallyallofitsassets,othe adefinitiveagreementtoundertakesuchanactionortheterminationofade thanpursuanttoitsterms,ifmaterial;and(14)appointmentofasuccessor trustee,ifmaterial.Inaddition,theCitywillprovidetimelynoticeofan informationinaccordancewiththeiragreementdescribedaboveunder"Ann Forthesepurposes,anyeventdescribedin(12)intheimmediatelyprecedin followingoccur:theappointmentofareceiver,fiscalagent,orsimilarof BankruptcyCodeorinanyotherproceedingunderstateorfederallawinwhic jurisdictionoversubstantiallyalloftheassetsorbusinessoftheCity,o existinggoverningbodyandofficialsorofficersinpossessionbutsubjec governmentalauthority,ortheentryofanorderconfirmingaplanofreorga governmentalauthorityhavingsupervisionorjurisdictionoversubstant LA ...TheCityhasagreedtoupdateinformationandtoprovidenoticesofcerta IMITATIONSANDMENDMENTS describedabove.TheCityhasnotagreedtoprovideotherinformationthatm presentationofitsfinancialresultsofoperations,condition,orprospe exceptasdescribedabove.TheCitymakesnorepresentationorwarrantycon usefulnesstoadecisiontoinvestinorsellBondsatanyfuturedate.TheCit damagesresultinginwholeorinpartfromanybreachofitscontinuingdiscl pursuanttoitsagreement,althoughholdersofBondsmayseekawritofmanda agreement. 35 TheCitymayamenditscontinuingdisclosureagreementfromtimetotimetoa changeinlegalrequirements,achangeinlaw,orachangeintheidentity,na theagreement,asamended,wouldhavepermittedanunderwritertopurchase compliancewiththeRule,takingintoaccountanyamendmentsorinterpreta wellassuchchangedcircumstances,and(ii)either(a)theholdersofamajo Bondsconsenttotheamendmentor(b)anypersonunaffiliatedwiththeCity( determinesthattheamendmentwillnotmateriallyimpairtheinterestsoft Citymayalsoamendorrepealtheprovisionsofthiscontinuingdisclosurea provisionsoftheRuleoracourtoffinaljurisdictionentersjudgmentthat totheextentthattheprovisionsofthissentencewouldnotpreventanunder theprimaryofferingoftheBonds.IftheCitysoamendstheagreement,ithas informationandoperatingdataprovidedinaccordancewithitsagreementd explanation,innarrativeform,ofthereasonsfortheamendmentandofthei informationandoperatingdatasoprovided. CPU ...InconnectionwiththeCity'soutstandingdebt,theCityenteredintoco OMPLIANCEWITHRIORNDERTAKINGS disclosureundertakingstoprovidecertainupdatedfinancialinformatio City'sfiscalyearalongwithnoticesofspecifieddisclosureevents.Inad statementswithinsix-monthsoftheendoftheCity'sfiscalyearifaudited auditedfinancialstatementsarenotavailablebytherequiredtime,theCi notincludedintheRule15c2-12FilingCoverSheetandtheywillprovideuna includedintheOfficialStatementunderTables1through5and7through14f agreedtoprovideauditedfinancialstatementswhenandifsuchauditedfin Duringthepreviousfiveyears,theCityfilednoticesofcertaineventsand dataofthegeneraltypeincludedinthisOfficialStatementunderTablesnu Filing")foreachofitsoutstandingbondswithinsix-months(nolaterthan alsofiledanannualRule15c2-12FilingCoverSheetinconjunctionwitheac withinsix-monthsoftheendofeachfiscalyearthatindicatedwhetherorno (ComprehensiveAnnualFinancialReport)wasbeingfiledalongwiththeAnn corporationbelievesithascompliedinallmaterialrespectswithallcont withtheRule. OTHERINFORMATION R ATINGS TheBondsandthepresentlyoutstandingtaxsupporteddebtoftheCityarera explanationofthesignificanceofsuchratingsmaybeobtainedfromthecom therespectiveviewsofsuchorganizationsandtheCitymakesnorepresenta noassurancethatsuchratingswillcontinueforanygivenperiodoftimeort entirelybyeitherorbothofsuchratingcompanies,ifinthejudgmentofeit Anysuchdownwardrevisionorwithdrawalofsuchratings,oreitherofthem, theBonds. L ITIGATION ItistheopinionoftheCityAttorneyandCityStaffthatthereisnopending, proceedingagainsttheCitythatcouldhaveamaterialadversefinancialim thosealreadydisclosedintheCity'sComprehensiveAnnualFinancialRepo AtthetimeoftheinitialdeliveryoftheBonds,theCitywillprovidetheIni litigationofanynaturehasbeenfiledoristhenpendingchallengingtheis securityoftheBondsorinanyothermannerquestioningtheissuance,saleo RQBS EGISTRATIONANDUALIFICATIONOFONDSFORALE ThesaleoftheBondshasnotbeenregisteredundertheFederalSecuritiesAc exemptionprovidedthereunderbySection3(a)(2);andtheBondshavenotbe relianceuponvariousexemptionscontainedtherein;norhavetheBondsbee jurisdiction.TheCityassumesnoresponsibilityforqualificationofthe whichtheBondsmaybesold,assigned,pledged,hypothecatedorotherwiset qualificationforsaleorotherdispositionoftheBondsshallnotbeconstr availabilityofanyexemptionfromsecuritiesregistrationprovisions. 36 LIESPFT EGALNVESTMENTSANDLIGIBILITYTOECUREUBLICUNDSINEXAS Section1201.041ofthePublicSecurityProceduresAct(Chapter1201,Texa negotiableinstruments,investmentsecuritiesgovernedbyChapter8,Tex authorizedinvestmentsforinsurancecompanies,fiduciaries,andtruste politicalsubdivisionsorpublicagenciesoftheStateofTexas.Inadditio that,subjecttoaprudentinvestorstandard,theBondsarelegalinvestmen atleast$1millionofcapital,andsavingsandloanassociations. ForpoliticalsubdivisionsinTexasthathaveadoptedinvestmentpolicies InvestmentAct(TexasGovernmentCode,Chapter2256),theBondsmayhaveto equivalentastoinvestmentqualitybyanationalratingagencybeforesuch andotherpublicfunds.TheCityhasmadenoinvestigationofotherlaws,rul applytosuchinstitutionsorentitiesorwhichmightlimitthesuitability theauthorityofsuchinstitutionsorentitiestopurchaseorinvestintheB oflawsinotherstatestodeterminewhethertheBondsarelegalinvestments LOAN-LC EGALPINIONSNDOITIGATIONERTIFICATE TheCitywillfurnishacompletetranscriptofproceedingshadincidenttot theunqualifiedapprovinglegalopinionsoftheAttorneyGeneralofTexasa BondsarevalidandlegallybindingobligationsoftheCity,andbasedupone approvinglegalopinionsofBondCounsel,tolikeeffectandtotheeffectth grossincomeforfederalincometaxpurposesunderSection103(a)oftheCod Matters"herein.Thecustomaryclosingpapers,includingacertificateto oristhenpendingtorestraintheissuanceanddeliveryoftheBonds,orwhic orsecurityorinanymannerquestioningthevalidityofsaidBondswillalso Advisorandpurchasersofdebtfromgovernmentalissuersfromtimetotimei BondCounselhasbeenengagedbyandonlyrepresentstheCityinconnectionw wasnotrequestedtoparticipate,anddidnottakepart,inthepreparationo OfficialBidFormandtheOfficialStatement,andsuchfirmhasnotassumeda undertakenindependentlytoverifyanyoftheinformationcontainedthere firmhasreviewedtheinformationdescribingtheBondsintheOfficialStat provisionsoftheBondOrdinance.ThelegalfeetobepaidBondCounselforse oftheBondsiscontingentonthesaleanddeliveryoftheBonds.Thelegalopi DTCorwillbeprintedontheBondsintheeventofthediscontinuanceoftheBo ThelegalopinionstobedeliveredconcurrentlywiththedeliveryoftheBon renderingtheopinionsastothelegalissuesexplicitlyaddressedtherein becomeaninsurerorguarantorofthatexpressionofprofessionaljudgment performanceofthepartiestothetransaction.Nordoestherenderingofano thatmayariseoutofthetransaction. AFDOI UTHENTICITYOFINANCIALATAANDTHERNFORMATION Thefinancialdataandotherinformationcontainedhereinhavebeenobtain andothersourceswhicharebelievedtobereliable.Thereisnoguaranteeth hereinwillberealized.Allofthesummariesofthestatutes,documents,an madesubjecttoalloftheprovisionsofsuchstatutes,documents,andordin completestatementsofsuchprovisionsandreferenceismadetosuchdocume originaldocumentsinallrespects. FA INANCIALDVISOR FirstSouthwestCompanyisemployedasFinancialAdvisortotheCityinconn FinancialAdvisor'sfeeforservicesrenderedwithrespecttothesaleofth theBonds.FirstSouthwestCompany,initscapacityasFinancialAdvisor,h notverifiedanddoesnotassumeanyresponsibilityfortheinformation,co legaldocumentswithrespecttothefederalincometaxstatusoftheBonds,o futureactionstakenbyanylegislativeorjudicialbodies. 37 TheFinancialAdvisortotheCityhasprovidedthefollowingsentenceforin AdvisorhasreviewedtheinformationinthisOfficialStatementinaccorda and,asapplicable,toinvestorsunderthefederalsecuritieslawsasappli theFinancialAdvisordoesnotguaranteetheaccuracyorcompletenessofsu VAMC ERIFICATIONOFRITHMETICALANDATHEMATICALOMPUTATIONS GrantThornton,afirmofindependentpublicaccountants,willdelivertot theReportindicatingthatithasverified,inaccordancewithattestation CertifiedPublicAccountants,themathematicalaccuracyof(a)themathem thematuringprincipalofandinterestontheRefundedBondsEscrowedSecur interestonandrelatedcallpremiumrequirements,ifany,oftheRefundedB adequacyofthecashandthematuringprincipalofandinterestontheRefund whendue,thematuringprincipalof,interestonandrelatedcallpremiumre and(c)themathematicalcomputationsofyieldusedbyBondCounseltosuppo excludedfromgrossincomeforfederalincometaxpurposes. TheverificationperformedbyGrantThorntonwillbesolelybasedupondata ThorntonbyFirstSouthwestCompanyonbehalfoftheCityandSpecializedPu Thorntonhasrestricteditsprocedurestorecalculatingthecomputations CityandSpecializedPublicFinanceInc.onbehalfofTMPAandhasnotevalua usedinthecomputations. ThereportwillberelieduponbyBondCounselinrenderingitsopinionwithr BondsandwithrespecttothedefeasanceoftheRefundedBondsandtheRefund IPB NITIALURCHASEROFTHEONDS AfterrequestingcompetitivebidsfortheBonds,theCityacceptedthebido PurchaseroftheBonds")topurchasetheBondsattheinterestratesshownon ofparplusacashpremiumof$.TheInitialPurchaseroftheBondscangivenoa willbedevelopedfortheBondsaftertheirsalebytheCitytotheInitialPur priceatwhichtheBondsaresubsequentlysoldandtheinitialyieldatwhich establishedbyandwillbethesoleresponsibilityoftheInitialPurchaser COS ERTIFICATIONOFTHEFFICIALTATEMENT AtthetimeofpaymentforanddeliveryoftheBonds,theCitywillfurnishtot properCityofficer,actinginsuchofficer'sofficialcapacity,totheeff (a)thedescriptionsandstatementsoforpertainingtotheCitycontainedi oramendmentthereto,onthedateoftheOfficialStatement,onthedateofsa therefor,andonthedateofthedelivery,wereandaretrueandcorrectinall affairs,includingitsfinancialaffairs,areconcerned,theOfficialSta materialfactoromittostateamaterialfactrequiredtobestatedthereino thecircumstancesunderwhichtheyweremade,notmisleading;(c)insofara data,oforpertainingtoentities,otherthantheCity,andtheiractivitie statementsanddatahavebeenobtainedfromsourceswhichtheCitybelieves thattheyareuntrueinanymaterialrespect;and(d)therehasbeennomateri CitysincethedateofthelastauditedfinancialstatementsoftheCity. TheOrdinanceauthorizingtheissuanceoftheBondswillapprovetheforman addenda,supplement,oramendmentthereto,andauthorizeitsfurtherusei F-LSD ORWARDOOKINGTATEMENTSISCLAIMER ThestatementscontainedinthisOfficialStatement,andinanyotherinfor historical,areforward-lookingstatements,includingstatementsregar regardingthefuture.Readersshouldnotplaceunduerelianceonforward-l includedinthisOfficialStatementarebasedoninformationavailabletot obligationtoupdateanysuchforward-lookingstatements.TheCity'sactu insuchforward-lookingstatements. 38 Theforward-lookingstatementsincludedhereinarenecessarilybasedonv subjecttovariousrisksanduncertainties,includingrisksanduncertain assumptionsandestimatesandpossiblechangesordevelopmentsinsocial, regulatorycircumstancesandconditionsandactionstakenoromittedtobe businesspartnersandcompetitors,andlegislative,judicial,andotherg relatedtotheforegoinginvolvejudgmentswithrespectto,amongotherthi conditionsandfuturebusinessdecisions,allofwhicharedifficultorimp beyondthecontroloftheCity.Anyofsuchassumptionscouldbeinaccuratea forward-lookingstatementsincludedinthisOfficialStatementwillprov M ISCELLANEOUS TheOrdinanceauthorizingtheissuanceoftheBondswillapprovetheforman supplementoramendmentthereto,andauthorizeitsfurtheruseinthereoff PRICINGOFFICER CityofDenton,Texas 39 ScheduleI SCHEDULEOFREFUNDEDBONDS* UtilitySystemRevenueRefundingBonds,Series2004 PrincipalPrincipal OriginalMaturityInterestAmountAmount DatedDateDateRateOutstandingRefunded 9/1/200412/1/20154.500%$1,485,000$1,485,000 12/1/20165.000%1,555,0001,555,000 12/1/20175.000%1,630,0001,630,000 12/1/20185.000%1,720,0001,720,000 12/1/20195.000%1,805,0001,805,000 12/1/20205.250%1,900,0001,900,000 12/1/20215.250%2,005,0002,005,000 12/1/20225.250%2,115,0002,115,000 12/1/20235.250%2,225,0002,225,000 12/1/20245.250%2,355,0002,355,000 $18,795,000$18,795,000 The2015-2024maturitieswillberedeemedpriortooriginalmaturityonDec *Preliminary,subjecttochange. APPENDIXA GENERALINFORMATIONREGARDINGTHECITY L ...TheCityofDentonislocatedinthenorthernportionoftheDallas/FortW OCATION (CSMA).TheCityisapartoftheDallas/FortWorthMetroplex,andissituate milestothesoutheast)andFortWorth(36milestothesouthwest).TheCityh area. EF ...Thefiscalyear2012-2013wasveryeventfulforDenton.Listedbeloware CONOMICUTURE ME&IN AJORMPLOYERNDUSTRIALEWS TargetCorporation completedconstructionoftheir365,853squarefootfrozenandrefrigerat centerin2012.This$100millionprojectreceiveda65%taxabatementforfi offsetcoststoimproveAirportandCorbinRoads.Thisfacilitywillservic andperishablefoodproducts.TargetopenedinMarch2013andemploys115to Schlumberger ,anoilfieldservicecompany,heldagrandopeninginSeptember2011forthe regionalmaintenancefacilityattheGranitePointIndustrialPark.Renov million.Schlumbergeremployed89in2013. PeerlessManufacturing selectedDentontoexpandandconsolidatesomeoftheirTexasoperations.T designs,customengineersandmanufactureshighlyspecializedfiltratio heatexchangers,andairpollutionreductionsystemstoenergyindustrycu petrochemicalprocessing,andpowergenerating.Theycompletedconstruc facilityinOctober2013.Thevaluationoftheprojectisestimatedat$16mi abatementfromtheCityofDentonforthenewfacility.PeterBurledge,Chie planonsignificantlyincreasingtheir126positionsinthenextyearandth theexistingplantinthenearfuture. Labinal,Inc. ,partoftheSafranGroup,isaworldleaderinelectricalwiringharnessand aviation,aerospaceanddefensemarkets.InAugust2012,Labinalrelocate DivisionheadquarterstotheformerRussellNewmanfacilityinDenton,emp 50%,three-yeartaxrebateonincreasedvaluationofatleast$5millionatt MaydayManufacturing/TailwindTechnologies manufacturesprecisionbushings,sleeves,pins,andothermachine partsusedintheaerospaceindustry.Maydaysubsidiary,HighTechMetalRe providesmetalfinishingprocessesforMaydayproductsandforadditional doublingofMaydayManufacturingsrevenuesby2016andnecessitatedthee accommodatethisgrowth.Thecompanypurchasedan80,000squarefootfacil atthenewsitelocationinFebruary2013thatincludeda15,000squarefoote leasedspaceinDentonintothenewfacilitybyfall2014. TetraPakMaterialsLP hasbeeninDentonfortwenty-nineyears.Thecompanymanufactures,proces anddistributesliquidfoodpackaginginternationally.Theasepticpacka allowsforaproductshelflifeofmorethansixmonths.In2000,thecompanya Managementhub,apilotresearchanddevelopmentcenterandrelocatedtheU 2013,thecompanyreceivedafour-year65%taxabatementforexpandingthei headquarteroperationsfromChicagotoDenton.Thecurrentfacilitycompr Theincreaseinrealandbusinesspersonalpropertyvaluationoftheprojec TetraPakMaterialsexpectstocreateatotalofthirtynewjobswiththisexp HeartHospitalBaylorDenton purchasedthe60,000squarefootNorthTexasHospitalin2013.An$8.2milli facilityalterationisunderwaythatwilladdan8,600squarefootmedical/ from16to22beds.TheHeartHospitalBaylorDentonisthefirst"sister"fac renownedHeartHospitalBaylorPlano;presentlyperformingmoreintricat innorthTexas.TheDentonfacilityopenedinearly2014. GreenpointAerospace,Inc., adivisionofGreenpointTechnologiesBoeingBusinessJetCompletionCen acquiredJetWorksAirCenterlocatedatDentonEnterpriseAirport.JetWor corporateandVIPmaintenanceandrepairservicesata109,000squarefootf resultina50,000+squarefootexpansiontotheJetWorksfacilityandanadd 2014. A-1 DDMA(DTO) EVELOPMENTATENTONUNICIPALIRPORT TheAirporthasaddedover$29millionofpublicinfrastructureimprovemen andlocalmatchingfunds,includinganairtrafficcontroltower,lengthen ramparea.Privateenterprisehascontinuedtoinvestinnewhangarspace,a Cityadded146acresofpropertytotheAirportbynegotiatedpurchaseforth throughamatchinggrant. TheAirportisrankedbytheFederalAviationAdministrationasthethirdbu with157,986operations(takeoffsandlandings)recordedin2012.The7,00 radardisplayhasallowedbusinessaviationtoflourishatDTO.TheAirport seven(7)dayseachweek.Privateaircraftandcorporatejettrafficoperat personal,businessandflighttrainingactivity.Privateindustrygrowth hangarsandbusinessspacesince2009.DTOhascontinuedtooperatesuccess BusinessPlan.Overthepastyear,threenewbusinesseshavelocatedatDTO, whichperformsinteriorcompletionsonlargebusinessjetsandaCareFlite center.PrivatesectoremploymentatDTOisover450jobsandwillgrowclose nexteighteen(18)months.EngineeringdesignforasecondrunwayatDTOwil in2016.AnupdateoftheAirportMasterDevelopmentPlanisexpectedtobeco 2010BusinessPlaniscontinuingtomovetheAirporttowardoperatingasafi marketingandeconomicdevelopmentincentivestoattractnewaviationind RN ETAILEWS RayzorRanch ,a400acremixedusedevelopment,hasseencontinuedgrowth.TheMarketpla 600,000squarefeetofretailandcommercialspace.SamsandWal-Martanch 189,929squarefeet,respectively.Samsisvaluedat$12.2millionandWal footstripcenterishometo21retailandrestauranttenants.Someofthenew Kohls,FamousFootwear,FiveBelow,Jo-AnnsFabric,Petco,andPaneraBr construction,whichwillopenin2014,include:RossDressforLess,BootBa ColorfulHearingandSalonsbyJC.Preliminaryplatsforthe600,000square beensubmittedandanchorsforthesouthsideofthedevelopmentareexpecte GoldenTriangleMall waspurchasedbytheMGHerringGroupandtheWeitzmanGroupin2011.Thepart makingmajorrenovationstothemalltoinclude:theadditionofrestaurant creatingafoodcourt,andimprovingtheparkinglotandlandscaping.Thefi inlate2012andincludes:theinstallationofenergyefficientlighting,a andupdatedfinishes.Exteriorentranceupdates,anewfoodcourt,pylonsi partofthesecondphaseoftheredevelopment.Newtenantsthathaveopenedi Russe,TobuAsianEatery,ItaliaExpress,GreatAmericanCookieandSmooth currentlytotalsapproximately$40millionwithatotalexpectedinvestme Over437,111squarefeetofmiscellaneouscommercialandretailpermitswe retailstoresandtwonewrestaurants.Thesefiguresexcludealterations. HD EALTHCAREINENTON ThemedicalsectorcontinuestogrowinDentonwithanadditional21,800squ carefacilities. OD THEREVELOPMENTS DowntownDentoncontinuedtoexperiencegrowthduringthepastyearwith5, constructionand88,106squarefeetofnewlivingspaceconstructed.Downt businesses:GerhardsGermanRestaurant,TheMusiciansHub,RustandStu Gallery,PanEctorIndustries,SerendipityontheSquare,SevenMileCafé, BarefootApparel,VietBites,TheBoydGirl,AlexandAfton,withseveralmo completedbySpringof2014. A-2 IB NDUSTRYANDUSINESS MajorEmployers Approximate Numberof EmployerDescriptionEmployees UniversityofNorthTexas HigherEducation8,887 DentonIndependentSchoolDistrictEducation3,300 PeterbiltMotorsHeadquartersandPlant DieselTrucks2,100 TexasWoman'sUniversityHigherEducation1,787 DentonCountyGovernment1,554 DentonStateSchool MentalHealthcare1,500 CityofDentonGovernment1,400 PresbyterianHospitalofDentonHospital/Healthcare1,074 DentonRegionalMedicalCenter Hospital/Healthcare911 LabinalAircraftwiringharnessmanufacturer700 (1) FEMA612 RegionalHQ&CallCenter Thermadyne/VictorEquipment/TwecoWeldingEquipment600 AndersonMerchandisersDistribution450 FlowersBakingCompany Bakery450 JostensClassRingManufacturer450 SallyBeautyInternationalHeadquarters BeautySupplyDistributor450 UniversityBehavioralHealthofDentonHospital/Healthcare310 ProgressiveIndustries/MHMRProductFulfillmentServices302 JamesWoodAutoPark Car/TruckSales/Service300 ProgressiveIndustriesMHMRProductFulfillmentServices240 MaydayManufacturing/TailwindTech AerospaceMachinedParts225 CBSMechanicalMechanicalContractor220 IntegratedAllianceLPCallCenter200 MorrisonMilling FlourGrainMill200 UnitedCopperIndustriesCopperWire196 AcmeBrick BrickManufacturing185 DentonRehab.andNursingCenterRetirement/Rehabilitation180 BayportPipelinePipelineContractor180 AirRideTransport TransporationService175 KellerWilliamsRealEstate170 ActiveUSAAutomotiveTransporter166 OdysseyAerospace JetInteriorManufacturing165 U.S.AviationGroupFlightinstruction151 TargetDistributionCenter Perishableandfrozenfoods150 TetraPackAsepticPackaging150 SkyviewLivingCenterCenterofDentonRehabilitationLongtermCareFacility150 ShieldsCareCenter RehabilitationCareFacility150 SeniorCare&RehabilitationCenterRetirement/Rehabilitation145 SafetyKleenSystemsChemicalRecycling140 TheVintageRetirement/NursingHome140 VintageretirementCommunityRetirement/Rehabilitation140 WellsFargoFinancialInstitution134 GoodSamaritanLakeForestVillageRetirementCenter130 MayhillHospitalHospital/Healthcare130 DentonGoodSamaritanVillageRetirementCenter125 JimMcNattToyota-DodgeVehicleSales/Service125 GeneralTelemarketingInternationalCallCenter120 BaxterHealthcareMedicalEquipmentManufacturing115 SchlumbergerOilFieldService105 BenE.KeithBeersDistributor103 BusinessAir/JetworksAirCenterFBO&AircraftSales,Paint&Interiors101 AldiDistributionCenterFoodretailer100 DATCUFinancialInstitution100 EInstructionInteractiveSystems&StudentAssmt.100 FastenalDistributionCenterIndustrialandconstructionsupplies100 HulcherServicesRailroadEmergencyResponse100 JetWorksFBOandaircraftsales,paintandinteriors100 NorthTexasHospitalHospital/Healthcare100 McKissackGroupIncRealEstate100 _______________ (1)Upto1,100duringadisasterreliefevent. Source:CityofDentonandDentonChamberofCommerceEconomicDevelopment A-3 Dentonisproudtobehometonearly59companiesandinstitutionsthatemplo representingcorporate,regionalandinternationalheadquarters. Wellover100companiesthatproduce,manufacture,anddistributegoodsal companieschoosetodobusinessinDenton.Withsmall,medium,andlargebus diversityisstrengthinDenton.Statisticsshowmostoftheseworkersares EPG ...HistoricalpopulationtotalsfromU.S.CensusdepictDentonsconsist CONOMICANDOPULATIONAINS increasescommensuratewithDentonssteadyeconomicgrowth. 1940Census11,192 1950Census21,345 1960Census26,844 1970Census39,874 1980Census49,079 1990Census66,270 2000Census80,537 2010Census113,383 (1) Estimated2014Populationis119,158 _______________ (1)CityofDentonPopulationEstimate. TheCitysascensiontowardatopeconomicpositioninTexasisattributabl includestheannualexpansionofthetwostate-supporteduniversities,an islocatedinarichagricultural,oilandgasproductionregion;ispartoft ofTexaslargestreservoirs(LakeTexomaisonly40milesfromDenton);ami culturalandeducationaladvantageshavepromptedprofessionalworkerst ER ...ThefollowingdataweretakenfromtheU.S.CensusBureaus2012America CONOMICANKING %ofPopulationWhoseAgeis: 0-1929.3% 20-3431.7% 35-5422.1% 55-647.9% 65andover9.0% NumberofHouseholds45,121 CityofDentonMedianHouseholdIncome47,367 CityofDentonHouseholdIncome $200,000+786 $100,000-$199,9995,318 $50,000-$99,99913,582 $35,000-$49,9997,153 $25,000-34,9993,845 Lessthanorequalto$24,99911,424 CityofDentonPopulationbyOccupation Agriculture,forestry,fishingandhunting,andmining0.6% Construction4.0% Manufacturing8.0% WholesaleTrade0.9% Retailtrade15.2% Transportation,warehousing,andutilities4.6% Information1.2% Financeandinsurance,realestaterentalandleasing4.7% Professional,scientific,andmanagement,andadministrativeandwastem8.9% EducationalServices,andhealthcareandsocialassistance31.6% Arts,entertainment,andrecreation,andaccommodation,andfoodservice13.8% Otherservices,exceptpublicadministration3.0% PublicAdministration3.4% Source:U.S.CensusBureau,2012AmericanCommunitySurvey,1yearestimat A-4 E/LF ...AccordingtotheTexasWorkforceCommission,theDecember2013availab MPLOYMENTABORORCE Dentonis64,915. EUniversityofNorthTexas ...Dentonishometothe,foundedin1890,andTexasWomansUniversity,foundedin DUCATION 1901.NorthCentralTexasCollege,establishedin1924,builtanextension jurisdiction(ETJ)inadjacentcities,CorinthandFlowerMound.Thetwoun enrollmentofmorethan56,400studentsandtotalemploymentofapproximat over36,221,theUniversityofNorthTexasexceedsthecombinedenrollment ChristianUniversityinFortWorthandRiceUniversityinHouston.TexasWo of12,422inDentonwithanadditional2,709studentsattendinginDallasan UniversityofNorthTexas The(UNT)campuscomprisesalandareaofmorethan875acresthatincludesDisco UNTs285-acreresearchpark.TheUniversityisamongthenations30large mastersand34doctoraldegreeprograms;manynationallyrecognized.UNT prevalentamongprivateratherthanpublicinstitutions.NamedoneofAmer years,UNTisadditionallylistedasa"BestintheWest"collegeby ThePrincetonReview. TexasWomansUniversity (TWU),amajorstate-supportedteachingandresearchinstitution,itsth universityattendedprimarilybywomen,whocomprise90%ofattendingstud TWUoffers61programsleadingtoaBachelorsdegree,64Mastersdegreefi areas.TWUexperienceda2percentgrowthinenrollmentfrom2012to2013and universitieswiththemostdiversestudentpopulationsby U.S.NewsandWorldReport in2013.TWUsgraduateprogramsin occupationaltherapyandphysicaltherapyhaverankedamongthenations2 U.S.NewsandWorldReportsBest GraduateSchools for6consecutiveyears.CollegeMeasures rankedTWUsecondhighestamongTexaspublicuniversitiesin medianfirst-yearearningsofitsbachelorsdegreestudentsandtheunive providersofnursesandhealthcareprofessionals. NorthCentralTexasCollege (NCTC),establishedin1924,offersAssociateDegreesinanumberoffields requirementsforstudentstransferringtoUNTandTWUtocompletetheirBac NCTCscampusesintheadjacentcitiesofCorinthandFlowerMoundisover7, populationtoincreaseto12,000inthenextfewyears.NCTCservesthecitiz broadscopeofeducationalchoicesandoffersthelocalbusinesscommunity tokeepemployeescurrentwithmoderntechnologyandmethodologyiseasier curriculumdevelopedcloselywithbusinessmanagementtoensureindividu collaboratedwithregionalgasdrillingproductioncompaniesexperienci andlaunchNCTCsnewestAssociatesDegreeprograminGasEnergyProductio Electricin2012toprovideskilledmanufacturingweldersforGEsnewNort Denton. DentonIndependentSchoolDistrict (DISD)encompassesalmost180squaremilesandcontinuestobeoneofnorthT fastest-growingschooldistricts.Over25,588studentsenrolledforthe2 include21elementaryschools(gradesK-5),sevenmiddleschools(6-8),th complex(11-12),twoearlychildhoodcenters,andtwoalternativeschools packagestotalingmorethan$939million.Communitysupportofthedistric th 60-80percentpassagerate.Thedistrictopenedits7middleschoolthatincorporatesnew"Green"technologies.Thedistricts "studentcentered"approachsupportsstrongindividualizedinstruction schoolforstudentswhoexperiencelearningdisabilitiesorhandicaps.Co andreadinganddiagnosticconsultantsareavailableforallgradelevels. classesanddualhighschool/collegecreditclassesanditsstudentsrouti academic,finearts,careertechnology,andathleticcompetitiveevents. offersstate-ofthe-artfacilitiesandtraininginnineadvanceddiscipli states. DentonStateSupportedLivingCenter(formerlyDentonStateSchool) isoneofthecountrysmostmodernandprogressive educationalinstitutionsformentally-disabledTexasresidents.Thisst byDentoncitizens.Presentfacilitiesincluderesidencesthataccommoda physicallyhandicappedindividuals,anda32bedacutehospitalwithsuppo pharmaceutical.Additionalbuildingsincludeamodernadministrationbu maintenanceshopandawarehouse.Theschoolhasastaffof1,700withanannu DentonUniversitiesExpand ...TexasWomansUniversity(TWU)studentenrollmentattheUniversitys Dentonincreased80%from2000-2013to12,422.Fully48%ofstudentsareenr theUniversitysDallasandHoustonsatellitenursingcampusesnecessita ofHealthSciences-HoustonfacilityopenedinAugust2006anda$56MTWUT.B A-5 DallasfacilityopenedinFebruary2011.TheUniversityleadsasaprovider boastingthestateslargestundergraduateandgraduatenursingprograms comprise50%ofstudents.TWUisoneofonly6regionalSPENCER(ScienceEduc Responsibilities)Centersinthecountry.SPENCERisacomprehensivefacu fundedbytheNationalScienceFoundation. UniversityofNorthTexas(UNT)...Amongthenationstop50schoolsforHis thelargestresidentialcampusintheNorthTexasRegionandisthelargestp universities.UNTsDiscoveryPark,a285-acre,553,000squarefootfacil forAdvancedResearchandTechnology(CART),oneofthenationspremierma facilities.CARTprovidesresearcherswithauniquegroupingofmicroscop universitys15researchclusterareas,andforothercriticaladvancemen undergraduateandgraduateprogramsinelectricalengineering,material mechanicalandenergyengineering.Anew$33.2MLifeSciencesBuildingfea collaborativeandinterdisciplinaryresearchwascompletedin2010.Theu LeadershipComplex,focusedonglobaleconomicandbusinessdisciplines, stadiumbothcompletedin2011.Insummer2013,theuniversitybeganconstr UnionwithanopeningdateofJune2015.Thefacilitywillbebuiltonasustai renewablematerials,resourcesandbuildingefficiencies.UNThasestima andwillconstructanadditionalon-campus500-bedfreshmanstudentresid A ...NorthwesternDentonCountyisoneofthemorediversifiedagricultural GRICULTURE rangingfromrichblacktosandyloam,andgood,softartesianwater,itisid cropsarecorn,wheat,oats,hay,grainsorghumsandpeanuts.Beefcattle,s andsteadyincomeannuallytothefarmersandranchersoftheCounty.Averys championhorsefarmseastoftheCityscorporateboundariesprovideapros significanttotheeconomyarehorses,beef,eggs,wheat,grainsorghums,h T ...DentonislocatedattheconvergenceofInterstate35EastandInterstat RANSPORTATION Dallas/FortWorthMetroplex,approximately35milesfromthecentralbusi locationalongtheNAFTAsuperhighwayprovidesgreataccesstopointsnort distributionwarehousefacilitieschoosingtolocateinDenton.Addition FortWorthInternationalAirport(DFW),andbothDallasLoveFieldAirpor areincloseproximitytoDenton.AllianceAirport,locatedlessthan15mil accesstoauniqueindustrialairportandmultimodalindustrialpark.Toge transportationoffersanexcellentopportunityforfutureindustrialgro TheTexasDepartmentofTransportation(TxDOT)enteredintoadevelopment 2013toaddadditionalgeneralpurposelanesandmanagedtolllanestoa28mi 635inDallasCountytoU.S.Highway380inDenton.Constructiononthe$1.4b isscheduledtobecompletedbythefirstquarterof2017.Stateandregional capacitywillenhancemobilityintheregion,promotetheregionaleconomy quality. DentonCountyTransportationAuthority(DCTA)implementedregionalpass andDenton,connectingDentonCountypassengerswiththeDallasAreaRapid CorridorGreenLine.ThisconnectionalsoprovidesalinktoFortWorththro 2010,theDentonCityCouncilapprovedtheDentonDowntownImplementation standardsthat,alongwiththeimplementationofcommuterrailservicehas vicinityofthenewrailstationenhancingthevibrantmusic,culturalandr expandedthelevelofrailservicetheyprovideeachyearandprovidedmoret TheKansasCitySouthernRailroadandtheUnionPacificRailroadprovideda providingdirectaccesstoallmajormarketsacrossthenation.Greyhound/ OklahomaCity.MotorfreightinDentonisincludedintheDallas/FortWorth freightcarriers. B ...Thereare26banksinDenton:AccessFirstCapital;BankofAmerica;JPMo ANKING WellsFargoBank;FirstConvenience;FirstStateBank;ProvidentBank;Poi Bank;StateBankandTrust;InwoodNationalBank;Synergy;NorthstarBank; Bank;DATCUCreditUnion;AffiliatedBank;FirstUnitedBank&Trust;Legen Union;PegasusCreditUnion;StateFarmBank;andFirstUnitedBankwithDen servingDentonsHispaniccommunity. A-6 GI ROWTHNDICES CityState (1) BuildingValues(millions) FiscalWaterSewerElectricUnemploymentUnemployment (2)(2) YearCommercialResidentialTotalCustomersCustomersCustomersRatesRates 2009$132$131$26330,28828,67445,1535.96%7.88% 2010828216430,88929,10545,1746.30%8.00% 20112046226631,22229,52046,2415.70%7.20% 20121437021331,37229,77247,5635.43%6.79% 20139112121231,83730,10349,2645.04%6.34% _____________ (1)NewConstructionOnly,IncludesMulti-FamilyasCommercialandDuplexesa (2)Source:TexasWorkforceCommission. M ...Dentoncontinuedtostrengthenitsreputationasaregionalmedicaldes EDICAL Oklahoma.TheHeartHospitalBaylorPlano,thenationsNo.1Cardiovascul volumeselectedDentonforitsonlysisterfacilitysite,TheHeartHospita NorthTexasHospitalinMay2013andbegana$20Mmillionrenovationthatwil specializedsurgicalandrecoveryspacetotheexisting60,000squarefoot HospitalBaylorDentonwillbecometheareasonlyfull-servicehospitalde willincludeacomprehensiveon-siteCardiovascularResearchInstitute. DentonRegionalMedicalCenterisa208-bedfullservicehospitalthatserv andMontagueCounties.Thehospitaloffersafull-spectrumofhealthcarei neurosurgeryprograms,andisanaccreditedChestPainCenterandLevelIII patientsinDentonandotherNorthTexascommunities.Since2005,thehospitalhasopenedanew$7million,13,500sq footdaysurgerycenterandanewhospitalfloorhousinga29-bed,$19Mprogr CancerandBloodDisorders,acomprehensivecancerdiagnosticandtreatme rehabilitationservicesopenedin2008.In2011,thehospitalimplemented utilizingthelatestsurgicaltechnologyincludingthedaVinciRoboticSu TexasHealthPresbyterianHospitalofDenton(formerlyDentonCommunityH 272,538square-foot,255-bedacutecare,fullservicehospitalandan80,0 hospitalexpandeditsWomensCenterservicesin2006withtheopeningofaL Dentonanditssurroundingcommunities.Thehospitalwasthefirstfacilit certificationasaPrimaryStrokeCenterin2011.An18-bedDedicatedPedia facilitiesin2013. Otherrecentnewspecialtyhospitalsinclude44,000squarefoot,$20milli aftertherenownedKesslerInstituteforRehabilitationthatopenedin200 foot,$16milliondollarlong-termacutecarehospitalthatopenedin2007. hospitalspecializinginadultandseniorpopulationbehavioralcareando Schick-Shadelsubstanceabusetreatmentopenedin2005. R ...LakeRayRoberts,locatedapproximately8milesnortheastoftheCitys ECREATION theTrinityRiver,isamajorwaterconservationandfloodcontrolfacility foranabundanceofparksandotherwaterandoutdoorrelatedrecreationalf Hike/Bike/EquestrianTrail,locatedbetweenLakeRayRobertsandLakeLew theArmyCorpsofEngineersandtheCitiesofDentonandDallas.NearbyLakeL oneofTexasmostpopularrecreationareas.LakeLewisvillehasashorelin LakeLewisvilleattractsover3,000,000visitorstoitsshoresannually.T oftheDentoncitylimits,whilethedamis15milesfromdowntownDenton.Gra createdbytheU.S.ArmyCorpsofEngineers,islocatedinDentonandTarrant ParksandrecreationalareasaboundontheshoresofLakeRayRoberts,LakeL hunting,swimmingandallwatersportsarethefavoriterecreationalpasti inusetheyearround. TheCityofDentonParksandRecreationDepartmentandtheDentonIndepende produceasignaturewaterrecreationattraction.The$12.16millionWater slides,achildren'splaypool,a600ft.longcontinuousflowtubingriver, andtwoindoorpools.TheHulaLoopslidewasrecentlyaddedtotheWaterPark beenaddedtoalloftheoutdoorpools.Otherrecentlycompletedcapitalimp expansionoftheSeniorCenter,theadditionofnewpedestriantrailsatDen BriercliffPark,SpecialistEarnestW.Dallas,Jr.VeteransMemorialPark courtyardatCityHallandtotheplaygroundatQuakertownParkandacomplet ofthegolfdrivingrangeinNorthLakesParkisunderwayandwillbecomplete expandbothCarlYoung,Sr.Park,E.J.MilamParkand26acresonthenorthsid constructfournewadultsoccer/rugbyfields.TheParksandRecreationDep purchaseofa196acreparksitethatwilleventuallybecomethehomeofathle generationalrecreationandfitnesscenter. A-7 APPENDIXB EXCERPTSFROMTHE CITYOFDENTON,TEXAS COMPREHENSIVEANNUALFINANCIALREPORT FortheYearEndedSeptember30,2013 TheinformationcontainedinthisAppendixconsistsofexcerptsfromtheCi TexasComprehensiveAnnualFinancialReportfortheYearEndedSeptember3 andisnotintendedtobeacompletestatementoftheCity'sfinancialcondit madetothecompleteReportforfurtherinformation. APPENDIXC FORMOFBONDCOUNSEL'SOPINION Exhibit 5 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0366 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:7/10/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance of the City of Denton, Texas a Manager, or his designee, to execute a License Agreement between Area Rapid Transit for the purposes of constructing, installing, sanitary sewer line within one 8-inch steel casing crossing the 1,700 feet northwest of Lakeview Blvd; and declaring an effectiv Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Location Map Exhibit 2 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Engineering Services CM/ ACM:Jon Fortune Date:July 15, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,TexasapprovingandauthorizingtheCityManager, orhisdesignee,toexecuteaLicenseAgreementbetweentheCityofDentonandDallasAreaRapidTransitfor thepurposesofconstructing,installing,maintainingandoperatingone3-inchsanitarysewerlinewithinone8- inchsteelcasingcrossingtheNorthwestDentonLineapproximately1,700feetnorthwestofLakeviewBlvd; and declaring an effective date. BACKGROUND TheClassicUsedCarDenton(4984Partners,Ltd.)developmentrequiresanextensionofsanitarysewerforce mainacrosstherailcorridorpropertyownedbyDallasAreaRapidTransit(DART).Thedeveloperengaged DARTinMarch2014andrequestedpermissionfortheproposedcrossing.DARTtechnicalreviewensued regardingtheconstructionplansspecifictotheproposedutilitycrossing,thoseplansbeingapprovedbyDART June2014.SubsequenttothateventaLicenseAgreementwasprofferedbyDARTforconsiderationbythe City of Denton. StaffispresentlyindialoguewithDARTofficialstorefinelanguagewithinDARTsstandardLicense Agreementtoaddressrequirementsspecifictoamunicipality.ItisanticipatedthatafinalformLicense Agreement, amenable to the parties, will be distributed at the s City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0366,Version:1 OPTIONS 1.Approve the proposed ordinance. 2.Decline to approve the proposed ordinance. 3.Table for future consideration. RECOMMENDATION Staff recommends approval of the ordinance ESTIMATED SCHEDULE OF PROJECT Classic Used Car Denton is poised to commence construction bore main immediately upon notice to proceed. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION DARTs required Annual License Fee to be borne by Classic Used C EXHIBITS 1.Location Map 2.Ordinance (sans License Agreement) Respectfully submitted: John T. Davis, P.E. Director, Engineering Services Prepared by: Paul Williamson Real Estate Manager City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" Exhibit 2 attachment to AIS City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:S14-0001 Version:1 Name: Type:Planning Case Status:Agenda Ready File created:6/24/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Hold a public hearing and consider adoption of an ordinance rega allow a Kindergarten, Elementary School use on an approximatel located at the southeast corner of Teasley Lane and Pennsylvania Residential 2 (NR-2) zoning district; and providing for a penalt for violations, thereof, severability and an effective date. (S1 Commission recommended denial of this request (4-0). A supermaj for approval. Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Staff Analysis Exhibit 2 - Site Location and Aerial Map Exhibit 3 - Zoning Map Exhibit 4 - Letter From Applicant Exhibit 5 - Site Plan Exhibit 6 - 2007 TxDOT Letter Exhibit 7 - 2007 Traffic Signal Study Exhibit 8 - Notification Map and Responses Exhibit 9 - Site Photos Exhibit 10 - Planning & Zoning Commission, June 11, 2014, Meetin Exhibit 11 - Draft Approval Ordinance Exhibit 12 - Draft Denial Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:July 15, 2014 SUBJECT HoldapublichearingandconsideradoptionofanordinanceregardingaSpecificUsePermit(SUP)toallowa Kindergarten,ElementarySchooluseonanapproximately7.11acrepropertygenerallylocatedatthe southeastcornerofTeasleyLaneandPennsylvaniaDrivewithinaNeighborhoodResidential2(NR-2)zoning district;andprovidingforapenaltyinthemaximumamountof$2,000.00forviolations,thereof,severability City of DentonPage 1 of 4Printed on 7/11/2014 powered by Legistar" File #:S14-0001,Version:1 andaneffectivedate.(S14-0001)ThePlanningandZoningCommissionrecommendeddenialofthisrequest(4 -0).A supermajority vote by Council is required for approval. BACKGROUND Theapplicant(ResponsiveEducationSolutions)isrequestinganSUPtopermitVistaAcademytotemporarily holdkindergartenandelementaryschoolclassesat2801PennsylvaniaDriveforoverflowofstudentsatits permanentcampusinHickoryCreekwhileanadditionalcampusinCorinthisunderconstruction.Construction oftheallnewCorinthcampusisexpectedtobecompletebyJune2015,priortothebeginningofthe2015- 2016schoolyear.ThesubjectpropertyiscurrentlyusedbySouthmontBaptistChurch,whohasagreedto lease 8,400 square feet of existing classroom space for approxim SamHoustonElementarySchool,partofDentonIndependentSchoolDistrict,islocatedontheadjacent propertytotheeast.Duetothepotentialincreaseintrafficandcongestion,staffrecommendsthatthestartand endtimeofclassesbestaggeredbetweentheschools.TheSamHoustonElementaryschooldayisfrom7:50 a.m.until2:50p.m.VistaAcademyhasagreedtobegintheirschooldayat8:15a.m.andendat3:30p.m. TrafficpolicearealsorecommendedtoalleviatecongestionattheintersectionofPennsylvaniaDriveand TeasleyLaneduringpeakAMandPMhours.StaffalsorecommendstheSUPexpireonJune30,2015and enrollment be limited to no more than 100 students. Staffsent27certifiednoticesofthepublichearingtopropertyownerswithin200feetofthesubjectproperty and93courtesynoticestoresidentswithin500feetoftheproperty.Asofthiswriting,staffhasreceived fourteenresponsesinoppositionandtworesponsesinfavoroftherequestfrompropertyownerswithin200 feetofthesubjectproperty.Theresponsesinoppositionexceed20%oftheacreageofsurrounding properties; therefore a supermajority of City Council is require OnMay19,2014,theapplicantalsoheldaneighborhoodmeeting.Approximately20residentsattendedwhere the following items were discussed: 1.The amount of traffic at the intersection of Teasley Lane and Pe 2.ParentsofstudentsatSamHoustonElementarySchoolparkingintheSouthmontBaptistChurch parking lot to pick up their children after school. 3.ChildrenoccasionallyhavingrecessinthefieldbehindSt.MarksCatholicChurchandthedangerthat poses to children crossing the street. 4.Thestackingofcarstopickupstudentsalongthesouthsideofthesubjectpropertyandthepotential nuisances created. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table the item. RECOMMENDATION The Planning and Zoning Commission recommends denial of this request (4-0). City of DentonPage 2 of 4Printed on 7/11/2014 powered by Legistar" File #:S14-0001,Version:1 The Development Review Committee recommends approval of this request,with the following conditions: 1.Classes shall be limited to a period of time from 8:15 a.m. to 3 2.The Specific Use Permit shall expire on June 30, 2015. 3.The school enrollment shall be limited to no more than 100 stude 4.TrafficpoliceshallbeprovidedbytheapplicantattheintersectionofPennsylvaniaDriveandTeasley Lane between 7:30 a.m. and 8:30 a.m. and between 2:45 p.m. and 3 ESTIMATED SCHEDULE OF PROJECT Not Applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) At the June 11, 2014 meeting, the Planning and Zoning Commission FISCAL INFORMATION Not Applicable. BID INFORMATION Not Applicable. EXHIBITS 1.Staff Analysis 2.Site Location/Aerial Map 3.Zoning Map 4.Letter from the Applicant 5.Floor Plan 6.2007 TxDOT Traffic Signal Study Response Letter 7.2007 Traffic Signal Study 8.Notification Map & Responses 9.Site Photos 10.Planning & Zoning Commission, June 11, 2014, Meeting Minutes 11.Draft Approval Ordinance 12.Draft Denial Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Director, Planning and Development City of DentonPage 3 of 4Printed on 7/11/2014 powered by Legistar" File #:S14-0001,Version:1 Prepared by: Michael J. Bell Associate Planner City of DentonPage 4 of 4Printed on 7/11/2014 powered by Legistar" Exhibit 1 Staff Analysis CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date:June 11, 2014TYPE:Specific Use Permit CC Date:July 15, 2014PROJECT #:S14-0001 Project Number: S14-0001 Request: A Specific Use Permit (SUP) to temporarily allow a “Kindergarten, Elementary School.” Applicant: William Chandler Responsive Education Solutions 1301 Waters Ridge Lewisville, TX 75057 Property Owner: Southmont Baptist Church 2801 Pennsylvania Dr. Denton, TX 76205 Location: Southeast corner of Teasley Lane and Pennsylvania Drive Size: 7.11+ Zoning Designation: Neighborhood Residential 2 (NR-2) Future Land Use: Existing Land Use Case Planner: Michael J. Bell DRC Recommendation: The Development Review Committee (DRC) recommends APPROVAL S14-0001 of, subject to conditions. Summary of Analysis: The applicant, Responsive Education Solutions, is requesting an SUP to temporarily allow a “Kindergarten, Elementary School” usetooccupy an existing Southmont Baptist Church buildingat 2801 Pennsylvania Drive.If approved, Vista Academy K-5 proposes to use the property for the 2014-2015 school year to host overflow fromits permanent campus in Hickory Creekwhile an additional campus in Corinth is under construction.Expected attendance includes approximately 80-100 students and 12 employees. Per Subchapter 35.6.4. of the Denton Development Code (DDC), an SUP shall be issued only if all of the following conditions have been met: 1.That the specific use will be compatible with and not injurious of other property nor significantly diminish or impair property vicinity; Elementary Schools and other civic uses are encouragedin the Denton Plan to serve as focal points and landmarks for the neighborhoods they serve and are therefore not incompatible with the single-family residential and other institutional uses surrounding the property. While Sam Houston Elementary School serves as one of the permanent focal points of the existing neighborhood, the proposed Vista Academy will only be located on site for approximately ten monthsand will not require any exterior physical improvements. The temporary nature of the requestminimizesany potential negative impacts within the immediate vicinity. 2.That the establishment of the specific use will not impede the n development and improvement of surrounding vacant property; Surrounding properties are all currently developed and occupied.Surrounding land uses include single-family residential to the north and south, St. Mark Catholic Church to the west, and Sam Houston Elementary School to the east. 3.That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Public infrastructure systems, including water, wastewater, stormwater, electric, parks, and emergency serviceshave adequate capacity to serve the proposed development. However, the intersectionof Pennsylvania Drive and Teasley Lane does not have adequate capacity on the left- turn from north-bound Pennsylvania Drive onto west-bound Teasley Laneto serve the area, even under existing conditions.This creates a traffic issue for residents of the Southmont Place subdivision attempting to exit their neighborhood onto Teasley Lane. It is staff’s opinion that the existing transportation problems at the intersection are the primary cause of opposition from surrounding residents. At the neighborhood meeting hosted by the applicant on May 19, 2014, the surrounding residents expressed concerns regarding the amount of congestion at the intersection of Pennsylvania Drive and Teasley Lane when Sam Houston Elementary School beginsand ends the school day. This congestion, they expressed, was compounded byparents of Sam Houston Elementary School students parking in the Southmont Baptist Church to pick up their children, who thenexitvia Pennsylvania Drive. When asked if enforcing church-only parking at Southmont Baptist Church would alleviate theirconcerns, many in the neighborhood believed that would only result in more traffic backing up along Teasley Lane. One meeting attendee stated the neighborhood would be in opposition toany development in the immediate area until a traffic signal is placed at the intersection. The City of Denton requested a traffic signal study at this intersection from TxDOT in 2007. The study showed the peak hour and four-hour volume warrants for a traffic signal were met, but warrants for eight-hour volumes, pedestrian volumes, school crossings, coordinated signal system, crashes, and roadway networks were not(see Exhibit 7).TxDOT summarized that a traffic signal was not warranted and the request was denied (see Exhibit 6). To determine the additional impact of the proposed school, a Traffic Impact Analysis (TIA) was required during staff review of the SUP application. The TIA showed that the proposed school would generate an additional 93trips (51 inbound, 42 outbound)during the peak AM hours, and 56trips (26 inbound, 30 outbound) during the peak PM hours. These updated numbersshow an increasedimpact on the already inadequate north-bound Pennsylvania Drive during peak hours, but represent a minimalchange in the overall 8-hour trafficvolumeon Teasley Lane required to warrant a traffic signal. TheTIA did, however, validate the neighborhood’s concerns about traffic around school start and end times. Due to the temporary nature of the request, staff recommends the following conditionsin lieu of a permanent traffic signal in order to mitigate or eliminate the increased congestion at the intersection: A.Classes shall be limited to a period of time from 8:15 a.m. to 3:30 p.m. The intent of this condition isto stagger the start and end times of Sam Houston Elementary School and the proposed Vista Academy. Sam Houston Elementary begins classes at 7:50 a.m. and ends classes around 2:50 p.m. Thiscondition may spread the peak hour trafficover a longer than period rather than a rush of traffic at one time. B.The school enrollment shall be limited to no more than 100 students. This condition limits the number of students attending the proposed elementary school to minimize the additional amount of traffic using Pennsylvania Drive during peak hours. The applicant has expressed that the proposed enrollment is between 80 and 100 students. C.Traffic police shall be provided by the applicant at the intersection of Pennsylvania Drive and Teasley Lane between 7:30 a.m. and 8:30 a.m. and between 2:45p.m. and 3:45p.m. on all school days. Due to the temporary nature of the request andthe inability to satisfy TxDOT’s warrants for a traffic signal, this condition intends to alleviate the traffic exiting left out of Pennsylvania Drive. A traffic officerwould function like atemporarytraffic signal during the peak hours.This condition may be subject to the availability of officers from the Denton Police Department, Denton County Sheriff’s Office, and Denton County Constable. In addition, approval of this condition may deem “Condition of Approval A” unnecessary as the traffic officermay be more effective directing traffic with larger volumesduring the peak hours. D.The Specific Use Permit shall expire on June 30, 2015 to minimize the long-term impact on the intersection. This request was reviewed by staff under the assumption that the request was limited to one school year. Staff does not, by the nature of recommending approval with conditions, assert that the proposed school would be a compatible use if requested on a permanent basis. Should the applicant request the duration of the SUP be extended, a new SUP application and all necessary public hearings will be required. 4.The design, location, and arrangement of all driveways and parki the safe and convenient movement of vehicular and pedestrian tra the general public or adjacent developments; The existing driveways and parking spaces of the Southmont Baptist Church will be utilized by the Vista Academy. Three access drives are located along Pennsylvania Drive and a shared access with Same Houston Elementary School is located along Teasley Lane. Increased congestion and traffic could result as a conflict with the drop-off and pick-up of students at the adjacent Sam Houston Elementary School. Staff recommends the previously statedconditionsof approval to minimize such conflicts. 5.That adequate nuisance prevention measures have been or will be control offensive odor, fumes, dust, noise and vibration; The proposed use will not createoffensive odor, fumes, dust, or vibration. Noise may be created during student recreational activities but will be limited to weekdays during schoolhours. 6.That directional lighting will be provided so as not to disturb neighboring properties; and No additional lighting is proposed beyond what currently exists on site. 7.That there be sufficient landscaping and screening to ensure har with the adjacent property. Due to the temporary nature of the request, no additional landscaping is proposed beyond what currently exists on site. Findings of Fact 1.The request is for a Specific Use Permit (SUP) to temporarily allowa Kindergarten, Elementary School on an approximately 7.11 acre property. 2.The site is platted as the Southmont Addition, Block 2, Lot 1R. 3.The future land use category on the property is Existing Land Us. 4.The Denton Plan recommends that existing neighborhoodsbe vigorously protected and preserved. 5.Land uses within ¼ mile radius of the site include approximatelywhich 114.03 acres are residential uses, 20.73 acres are institutional commercial uses, 7.4 acres are undeveloped, and 3.43 acres are o farm/ranch, transportation, and infrastructure). 6.A Growth Management Strategy of the Denton Plan includes schools and other civic uses are encouraged to be essential elements of neighborhood centers a focus of the neighborhood. 7.Within established residential areas, new development should respond to existing development with compatible land uses, patterns, and design stan 8.The property is currently zoned Neighborhood Residential 2 (NR-2). 9.Churches are permitted by right in the NR-2 zoning district. 10.A Kindergarten, Elementary School use requires approval of an SUP in the NR-2 zoning district.Adjacent zoning includes Neighborhood Residential 3 (NR-3) to the north, east, and south, and NR-2 to the west. 11.The property is not located within any special purpose of overla 12.There are no Environmentally Sensitive Areas (ESA) or FEMA Floodplain located on property. 13.The site currently developed with a church and ancillary structu Church is the current user of the property. 14.Single-family residential development is located across Teasley Lane to the north and directly adjacent to the south, Sam Houston Elementary School is directly adjacent to the east, and St. Mark Catholic Church is located across PennsylvaniDriveto the west. 15.The existing church has three access points along Pennsylvania Drive as well as a shared access with Sam Houston Elementary School to the eastalong Teasley Lane. 16.The site is currently served by a 6 in. water line and an 8 in. 17.The Citys public water distribution, wastewater collection, and stormwater collection systems have adequate capacity to serve the development. 18.Pennsylvania Drive and Teasley Lane are classified as improved pThe intersection of Pennsylvania Drive and Teasley Lane does not havacity to accommodate this development. 19.The Citys parks system has adequate facilities and capacity to . 20.Denton Fire Department Station 6 is located an approximately 0.48 mile drive from the subject property. Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development IS CONSISTENT Review Committee finds that with the recommended conditions the request IS CONSISTENT with the surrounding land uses and general character of the area,with the IS CONSISTENT Denton Plan, and with the Denton Development Code. CONDITIONS OF APPROVAL Based upon the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL, subject tothe following conditions: 1.Classes shall be limited to a period of time between 8:15 a.m. to 3:30 p.m. to minimize traffic conflicts with Sam Houston Elementary School. 2.The Specific Use Permit shall expire on June 30,2015. 3.The school enrollment shall be limited to no more than 100studentsto minimize the amount of traffic utilizing Pennsylvania Drive during peak hours. 4.Traffic police shall be provided by the applicant at the intersection of Pennsylvania Drive and Teasley Lane between 7:00 a.m. and 8:00 a.m. and between 2:45 p.m. and 3:45 p.m. on all school days. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or varian requirement unless specifically noted in the conditions of approthe Denton Development Code. NOTE:All written comments made in the application and subsequent subm application review process, which are on file with the City of D upon the applicant, provided suchcomments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of develo Surrounding Zoning Designations and Current Land Use Activity: Northwest:North:Northeast: NeighborhoodResidential 3 (NR-3)Neighborhood Residential 3 (NR-3)Neighborhood Residential 3 (NR-3) (Residential/Single-family)(Residential/Single-family)(Residential/Single-family) West:Subject Property:East: Neighborhood Residential 2 (NR-2)Neighborhood Residential 2 (NR-2)Neighborhood Residential 3 (NR-3) (Institutional/Church)Institutional/Church(Institutional/Elementary School) Southwest:South:Southeast: Neighborhood Residential 2 (NR-2)Neighborhood Residential 3 (NR-3)Neighborhood Residential 3 (NR-3) (Residential/Single-family)(Residential/Single-family)(Institutional/Elementary School) Source: City of Denton Geographical Information System and site Summary of Surrounding Zoning Designations and Current Land Use Activity: The subject property is currently zoned NR-2 and is developed with achurch. No additional square footage of building floor area will be required as the existing ancillary church buildings will be utilized for classrooms by the proposed elementary school. The school will only be temporarily located on the property while their permanent campus undergoes renovation in Hickory Creek.Surrounding zoning districts include NR-2 to west and NR-3 to the north, east, and south. These districts primarily include single-family development and institutional uses. The proposed land use is compatible with the surrounding land uses on a temporary basis. Sam Houston Elementary School is adjacent to the east of the property, potentially creating traffic conflicts during peak hours. Comprehensive Plan: The underlying future land use category for the site is Existing Land Use. According to the Denton Plan, “within established residential area, new development should respond to existing development with compatible land uses, patterns, and design standards. The plan recommends that existing neighborhood be vigorously protected and preserved.” Additionally, schools and other civic uses are “encouraged to be essential elements of neighborhood centers as landmarks that are a focus of the neighborhood.” As the proposed K-5 elementary school will only occupy the existing church building for approximately ten months, it will not pose a permanent impact on the surrounding neighborhoods. Nearest Fire, and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMSStation 6, 3232 Teasley Ln.±0.48 mi. Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A.Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 7.11± acresProposed Demand or No) Potable Water N/AYes Consumption (GPD) Wastewater N/AYes Generation (GPD) B.Available Capacity: The property is currently served by a 6-in. water line and an 8-in sanitary sewer line. There is adequate available capacity in the City’s public water distribution and wastewater collections systems to serve the proposed use. C.CIP Planned Improvements: There are no CIP planned water or wastewater improvements for this area. Roadways/Transportation Network: A.Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 7.11± acresProposed Demand or No) Average Annual N/ANo Daily Trips (AADT) PM Peak Hour Trips56No B.Available Capacity: The north-bound lane of Pennsylvania Drive at the intersection withTeasley Lane does not have the capacity to accommodate the proposed use without applied conditions. This intersection does not meet the 8-hour volumeTxDOT requirement, among others, to warrant a traffic signal at this time. C.Roadway Conditions: Pennsylvania Drive and Teasley Lane are classified as improved perimeter streets. D.CIP Planned Improvements: There are no planned CIP projects withinthis area. Environmental Conditions: A.There are no Environmentally Sensitive Areas on site. Park Facilities: A.South Lakes Park is 2,367 linear feet northwest of this property and consists of 187.3 acres of park property including 2 fishing lakes and recreational unimproved areas, a large play structure, 2 pavilions, 3.89 miles of trails, 2 soccer fields, 2 tennis courts, a basketball / multipurpose court, restroom facilities, volleyball court, multiple picnic areas, 18 picnic tables, public art locations, 35 benches, and 3 water fountains B. Joe Skiles Park is 4,868 linear feet north of this property and offers 5.5 acres of recreational property, 2 tennis courts, 1 baseball field, 1 soccer field, 1 basketball court / multipurpose area, 1 pavilion, 1 water fountain, 8 picnic tables, 2 playgrounds,6 benches C.Cross Timbers Park is 5,430 linear feet southwest of this location. It is a 70.2 acre park with amenities that include: 1 Basketball / Multipurpose court, 10 Benches, 2 Bike Racks, 1 Pedestrian Bridge, 2 Drinking Fountains, 6 Grills, 1 Pavilion, 8 Picnic Tables, 2 Playgrounds with Shade Coverings, 1 0.5 Acre Fishing Pond, 1 Sand volleyball Court, 2 Swings, 1.17 Miles of Concrete Trail and .75 miles of Soft Surface Trail. D. Unicorn Lake Park is 6,550 linear feet southeast of the property and consists of a 0.25 mile concrete trail that runs the length of Frontier Drive and turns towards Wind River Estates along with a 2 acre undeveloped tract. E. Briarcliff Park is 7,560 feet southeast of this property and offers 9.62 acres of recreational opportunities including a soccer field, basketball court, a baseball backstop, a pavilion, 2 water fountains, 6 picnic tables, 2 playgrounds, 4 benches, and 0.5 miles of trails Exhibit 2 Site Location/Aerial Map Building where classes will be held. Exhibit 3 Zoning Map Exhibit 4 Letter from the Applicant Exhibit 5 Floor Plan Exhibit 6 2007 TxDOT Traffic Signal Study Response Letter Exhibit 7 2007 Traffic Signal Study Exhibit 8 Notification Map and Responses Exhibit 9 Site Photos Facing east from Pennsylvania Drive towards the Worship Center Facing northeast from Pennsylvania Drive towards the classroom building Teasley Ln. N Shared driveway between Southmont Baptist Church and Sam Houston Elementary. Pennsylvania Dr. Facing southeast from the Southmont parking lot towards the classroom building Exhibit 10 Planning & Zoning Commission, June 11, 2014, Meeting Minutes D.Hold a public hearing and consider making a recommendation to City Council regarding a Specific Use Permit with conditions to allow a "Kindergarten, Elementary School" use on an approximately 7.11 acre property generally located at the southeast corner of Teasley Lane and Pennsylvania Drive. The site is located within a Neighborhood Residential 2 (NR-2) zoning district. (S14-0001, Vista Academy K-5, Mike Bell) The Commission took a short recess from 9-9:15 p.m. Commissioners Conner and Strange recused themselves during this item. Reece stated a (4-0) vote would be required. Leal provided rules from Robert’s Rules of Orders. A vote for (4-0) would be needed whether it is to approve or deny this request. Lockley introduced Bell. Bell stated this request would be to allow a kindergarten, elementary school on approximately 7.11 acre property. The site is located at the southeast corner of Teasley Lane and Pennsylvania Drive. The subject site is currently zoned Neighborhood Residential-2. The current use of the site is Southmont Baptist Church, the proposed use is for grades Kindergarten through second grade, there would be approximately 100 students and 12 employees. The proposed duration of the school would be for the 2014-2015 school year. The school’s Hickory Creek location would be under construction, requiring the school to relocate during that time frame. Bell referred to the Denton Plan, stating elementary schools and other civic uses are encouraged to serve as focal points and landmarks in the neighborhoods they serve. There are no new structures required; this is only a temporary request. There would be traffic congestion during regular peak hours from adjacent Sam Houston Elementary School. Per Subchapter 35.6.4 of the Denton Development code, a Specific Use Permit (SUP) shall be issued only if the seven conditions listed in the staff backup have been met. For the traffic concerns, staff recommends the following conditions: 1. Classes shall be limited from 8:15 a.m. to 3:30 p.m.; 2. School enrollment shall be no more than 100 students; 3. Traffic police shall be provided by the applicant at the intersection between 7:30 a.m. and 8:30 a.m. and between 2:45 p.m. and 3:45 p.m.; 4. The SUP shall expire on June 30, 2015. There was a neighborhood meeting held and many expressed that a right-turn lane be added for any future development. The traffic for the area doesn’t warrant a signal to be added. There are no proposed changes to the existing parking lot. Bell stated neighbors have expressed their concerns about possible fumes, traffic, noise, and parking on the property. The parking lot is large; there is room to maneuver to create a parking arrangement. Staff sent out 27 public notices to property owners within 200 feet of the subject site, and 93 courtesy notices to property owners within 500 feet of the subject site. At this time staff has received six returned responses in opposition, and two in favor. The Development Review Committee recommends approval of this request based on the following conditions: 1. Classes shall be limited to a period of time from 8:15 a.m. to 3:30 p.m. 2. The Specific Use Permit shall expire on June 30, 2015. 3. The school enrollment shall be limited to no more than 100 students. 4. Traffic police shall be provided by the applicant at the intersection of Pennsylvania Drive and Teasley Lane between 7:30 a.m. and 8:30 a.m. and between 2:45 p.m. and 3:45 p.m. on all school days. Briggle questioned if the Saint Mark’s Church site has a school as well. Bell stated he is unaware. Briggle questioned if it is a ministry of the church; Bell stated it isn’t for religious purposes. Briggle questioned if there will be school busses. Bell stated no this is a charter school; they are only drop off only students. Briggle questioned there would be two traffic officers; Bell stated one, if this Commission feels there needs to be two, then another could be requested. Bentley questioned if Southmont Baptist has had a school; Bell stated they are only a daycare. If they were occupied as a school the SUP wouldn’t be required. Curtis Cogburn, Responsive Education Solutions, 1301 Waters Ridge Drive, Lewisville, Texas Cogburn thanked staff. Cogburn provided a brief background on the school. There would be approximately 80-100 students, maximum attending the school. This is just a temporary situation. Cogburn stated they agree with the conditions. They would also agree to adjust the time to help reduce the traffic congestion. Cogburn stated they have been in contact with the principal at Sam Houston Elementary and they are willing to work with Responsive Education Solutions (R.E.S). He has worked with Denton Police Department to get a police to help with the traffic; Cogburn stated they would also be required to go through other agencies to hire an officer to help with the traffic issues. There are no busses for the school use, only drop off and pick up. Briggle questioned the gate that separates Sam Houston Elementary and Southmont Baptist Church. Cogburn stated the school and church have an agreement for shared lots. Bentley questioned if R.E.S. has purchase ten acres from Saint Marks Church as well. Cogburn stated that is correct. Bentley questioned if the long term goal would be to place a school at the Saint Mark’s site; Cogburn stated that is the long term goal. Bentley questioned if this is a temporary use for the Hickory Creek location, then why portable buildings couldn’t be used. Cogburn stated there is no room on the site to add portable buildings. Taylor questioned where the students reside; Cogburn stated primarily in Denton. Some reside in Corinth and Hickory Creek. Bentley referred to the Pennsylvania Avenue argument about a right-turn only lane. Cogburn stated by the time that process was over with, the school year would have ended. This is only a temporary use, which process would take too long. There was no further discussion. Reece opened the Public Hearing. Reece read the public hearing cards into the record for those individuals that didn’t wish to speak. Emily Reagan, 5001 Par Drive, Apt 2924, Denton, Texas. Reagan is in support of this request. R.E. S. is an outstanding organization that brings excellent educational opportunities to the residents of Denton County. I urge this Commission to recommend they be granted the permit. Kaye McCallon, 2801 Spencer Road, Apt 11104, Denton Texas. McCallon is in support. Miriam Sheehan, 2114 Jacqueline, Denton, Texas. Sheehan in is support. William Vargas, 7300 Chaucer Drive, Denton, Texas. Vargas is in support. Would like to see a school in the area, it would be great. John and Sharon Rainey, 2909 Destin Drive, Denton, Texas. The Rainey’s are opposed. George Hopkins, 1100 Southmont Drive, Denton, Texas. Hopkins is opposed. Tami Sheely, 5801 Thoroughbred Trail, Denton, Texas. Sheely is in support. Jay Sheely, 5801 Thoroughbred Trail, Denton, Texas. Sheely is in support. Larry Dooly, 2220 Acorn Bend, Denton, Texas. Dooly is in support. Marlene Dooly, 2220 Acorn Bend, Denton, Texas. Dooly is in support. Lisa Schneider, 1116 Southmont, Denton, Texas. Schneider is opposed. Bruce Schneider, 1116 Southmont, Denton, Texas. Schneider is opposed. Jane Hopkins, 1100 Southmont Drive, Denton, Texas. Hopkins stated there were a lot of names read into the record that were in favor of this request; however, they do not live in the Southmont neighborhood. Hopkins states he lives there. There are already traffic issues in the neighborhood. This will add at least 100 more cars to the area. This Commission turned down a previous request at the Saint Mark’s Church due to traffic concerns. Hopkins stated the parents coming to the school already drive crazy for the area. The neighbors were told the children will be accessing the Saint Mark’s Church for recess; this is a terrible use for the area. This neighborhood only has one outlet. Hopkins is opposed. Evelyn Dunn, 1109 Sandestin Drive, Denton, Texas. Dunn stated this is a unique neighborhood, these owners are land locked. The properties have a zero foot lot line. There are concerns about the air quality issues, noise from the cars, and noise from the children. Dunn stated most of the individuals that live on Sandestin have their bedrooms that backup to the Southmont Baptist Church. If these developments were projected years ago there would have been an adequate buffer installed. There is no vegetation for the noise or pollution. This is not the right site for this use, and there is a traffic concern. Dunn is opposed. George Hopkins, 1100 Southmont, Denton, Texas. Hopkins stated he has lived at his property for 28 years. Hopkins has approached the Southmont Baptist and St. Mark’s Churches and has been unsuccessful. Hopkins stated the names that were read into the record that were in support of this request do not reside in the neighborhood. The applicant is trying to get a something to build a larger school on the west side of Pennsylvania Avenue. There doesn’t need to be more students to the area. Hopkins stated he understands their school would be primarily for people that live outside of Denton. These are not members of our community. These Charter schools are not something that is a desire as far as a public school. Hopkins stated the principal at Sam Houston Elementary doesn’t have authorization to unlock the gate for this school to use as a point of access. Hopkins is opposed. LiDee Shipman, 3004 Destin Drive, Denton, Texas. He resides outside of the 500 foot courtesy notice distance. Shipman stated he doesn’t have as many concerns as the neighbors. Not that those concerns are bad; however, they are not Shipman’s concerns. The main concern is traffic. The police officers and gate on the Southmont and Sam Houston property won’t address the underlying issue in the area. Adding the extra 100 vehicles throughout the day is going to aggravate the entire area. Shipman stated just because this is a temporary issue doesn’t mean it is a good idea. This is just not suited to be in the area. Shipman is opposed. Jerry Reagan, 4108 Darien Place, Denton, Texas. Reagan stated he is in favor of this request. They reside about 1.5 miles south from the subject site. Reagan stated his son has attended R. E. S. and just recently finished his sophomore year there. This is a top notch experience. Reagan stated his son still wanted to attend school even at the end of the year, which says something for the school. The comment about this charter school is much unfounded. Denton is a growing community and parents should be able to have an educational choice for their children. Reagan stated he used to drive to Lewisville, Texas, to drop off for school. This is a great asset to the area. David Rowley deferred his time to Jerry Momelnitzky to speak on his behalf. Lamar Ball, 2907 Pennsylvania, Denton, Texas. Ball stated he is opposed to this proposed school. Ball stated out of the approximate 34 neighbors in the community, approximately 31 is opposed to this request, based on Ball’s knowledge. He stated when you get 90 percent on anything that agrees on one thing is remarkable. This community went through a tough rezoning case approximately nine months ago, now this is coming back before this Commission and neighborhood with another case. Southmont Baptist is a good neighbor. They support this recommendation. They are having serious financial issues. Their enrollment is down, the church is in debt. So one they got someone in to their space to help out allows them to stay in their building. Ball is opposed. Jerry Momelnitzky, 3005 Destin Drive, Denton, Texas. Momelnitzky stated this isn’t about the credibility of the school. The issue is traffic in the neighborhood. These students aren’t coming from this neighborhood; they are coming from all over the area. If the mentioned gate is opened it will bring the flow of traffic into those trying to cross the street to get to the school. During the drop off hours and pick up hours it causes parking issues for Sam Houston and Southmont Baptist Church. Also, I-35 is going to be making their changes in the future, which is going to cause a lot of through traffic to come up Teasley Lane to avoid the traffic and construction on I- 35. There are a lot of individuals that use the area to cut through Teasley Lane to Windriver. The traffic is going to increase. Momelnitzky deferred the Commission to consider their own neighborhood adding at least 100 more cars to their flow of traffic. Approximately 92 percent of their neighborhood is opposed to this request. Momelnitzky stated R.E.S. purchased St. Mark’s Church and has no concrete plans at this time. His understanding is for the rezoning case for St. Mark’s site to come before this Commission within the next month or so. There have been surveyors on the property, and individuals doing soil samples. Momelnitzky is opposed. Angela Dlugensky, 1008 Southmont Drive, Denton, Texas. Dlugensky questioned the mentioned gate that someone would be responsible for opening and closing depending on the hours. The Church already has a deal with the elementary school to open and close the gate depending on the hours and day. Parents use the parking lot to drop off their kids and park and walk the kids into the school. The other concern is the police officer. The subdivision is past the area where the officer would be placed at, which could cause some issues. There will be air pollution to the area. There are approximately 600 students, and 70 staff members that attend Sam Houston Elementary. There are approximately 70 of those students that ride the school bus; along with a few local students that walk to school. George Goen, 2900 Pennsylvania Drive, Denton, Texas. Goen stated Teasley Lane is approximately 45 miles per hour for the speed; however, people drive a lot faster than the posted speed. Goen stated it is difficult to leave the property getting into a busy four-lane road. Goen is opposed. There are additional comments from Goen that were submitted on his Public Hearing notice. Jim Ivins, 1108 Southmont Drive, Denton, Texas. Ivins stated during the peak hours if you are trying to leave the neighborhood it is almost impossible to turn left onto Teasley Lane. If a police officer is added approximately two blocks down the road, it will be worst. It will allow traffic to backup two blocks. Ivins stated the elementary school also parks on the churches parking lot. There doesn’t need to be another school to the area. Bob Hutchison, 1121 Sandestin, Denton, Texas. Hutchison stated his back fences back up to the houses, which is approximately a ten foot difference. There are a lot of traffic issues to the area. Hutchison stated he is handicapped and moved to the area to retire. The brick retaining wall on Sandestin is a blind spot for cars. There could have been a better commercial site looked at that would be better for this use. Gary Loudermilk, 7208 Red Cedar Court, Pastor at Southmont Baptist Church. Loudermilk stated it is the true the church was going through difficult times. However, that was approximately a year or two prior. The church is not in debt in any longer and is meeting all their bills. Loudermilk stated they didn’t approach the charter school; the charter school approached them. Loudermilk stated they were more than happy to accommodate them to provide for the children. Traffic is an issue; the police officers that are proposed should help the area. The other option is to wide Pennsylvania and Teasley Drive; which that is not an option. A signal light is not going to occur for the area. Loudermilk stated he is not speaking in favor or against the request; he is in support of the school, and this Commissions rendering. Tami Sheely, 5801 Thoroughbred Trl, Denton, Texas. Sheely stated she doesn’t live near the site; however her kids attend the program. She would like to not have to drive to Lewisville everyday to drop the children off at school. Sheely stated she understands the traffic concerns. Sheely stated she feels R.E.S. will do whatever they can to make the residents feel better about this situation. Sheely is in favor of this request. There was no one else to speak on this item. Reece closed the Public Hearing. Bentley questioned if the children could be gathered at a satellite location and bussed into the subject site. This would take approximately two busses. Cogburn stated they could look into that suggestion. Briggle referred to the delayed start times, questioning how soon the children can be dropped off. Cogburn stated they do not have set times. Briggle stated approximately a 30 minute drop off time period; Cogburn confirmed. Briggle questioned an actual traffic count. Escobar questioned the total traffic study just by the school itself. Briggle confirmed. Escobar stated approximately 93 trips, 51 inbound and 42 outbound, for the morning hours. Also, 56 total for the afternoon hours, with 26 inbound and 30 outbound. That is the projected traffic for this school alone. Briggle questioned the noise, and if there is much noise from Sam Houston Elementary; citizens stated yes. Taylor questioned the neighborhood if the overriding concern of traffic was taken care of, would the neighbors still be opposed. Few raised their hands. Reece deferred to one citizen to speak on behalf of the neighborhood. Jerry Momelnitzky, 3005 Destin Drive, Denton, Texas. Momelnitzky stated a majority of the neighborhood would still be opposed. The traffic light would back the traffic up. There is only one entrance and exit for this neighborhood. The traffic would backup into the neighborhood allowing for difficult access to exit the property. Especially if a fire truck or ambulance needed to access the neighborhood. Taylor referred to the 2007 traffic study completed; Taylor questioned any change in the traffic dial. Escobar stated the volume for the eight hour period doesn’t meet the requirements. There hasn’t been a significant development since 2007 in the area to change the requirements. Taylor stated this is a developing area, and a case will come before this Commission again on these subject sites; Taylor questioned a way to appeal the traffic study. Escobar stated it can be appealed. Bentley stated this Commission needs to look over this item from a planning prospective. Bentley stated he would like to motion to deny this request. Taylor stated he would second the motion. There are a few comments Taylor has; the traffic issue, and approximately 31 houses that reside in essentially a cul-del-sac, this was poor planning to allow for just one street to get in and out of the subdivision. There needs to be larger streets for the flow of traffic to these areas. There are schools and churches in these neighborhoods without having good access. Briggle questioned Leal on the vote; Leal stated there needs to be a vote of (4-0), either to approve or deny it before it can go to City Council. Leal stated if it doesn’t get that vote needed then it might be able to be postponed to a meeting that would have at least five members present. Commissioner Brian Bentley motioned, Commissioner Devin Taylor seconded to deny this request. Motion carried (4-0). Exhibit11 DraftApprovalOrdinance Exhibit12 DraftDenialOrdinance City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:S12-0001 Version:1 Name: Type:Planning Case Status:Agenda Ready File created:6/26/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Hold a public hearing and consider adoption of an ordinance rega allow wrecker services and impound lots use on a property locate Industrial (EC-I) zoning and use district on approximately 1.3 a located south of Smith Street, east of Dallas Drive, and north o penalty in the maximum amount of $2,000.00 for violations, there (S12-0001) The Planning and Zoning Commission recommended approv conditions (6-0). Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Request for Continuance Memo Exhibit 2 - Staff Report and Analysis Exhibit 3 - Site Location and Aerial Map Exhibit 4 - Zoning Map Exhibit 5 - Future Land Use Map Exhibit 6 - Letter from Applicant Exhibit 7 - Notification Map Exhibit 8 - Site Plan Exhibit 9 - Landscape Plan Exhibit 10 - Site Photos Exhibit 11 - April 15, 2014, Letter From Applicant Exhibit 12 - Planning & Zoning Commission, March 19, 2014 Meetin Exhibit 13 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:July 15, 2014 SUBJECT HoldapublichearingandconsideradoptionofanordinanceregardingaSpecificUsePermit(SUP)toallow wreckerservicesandimpoundlotsuseonapropertylocatedinanEmploymentCenterIndustrial(EC-I)zoning andusedistrictonapproximately1.3acres.ThesubjectpropertyisgenerallylocatedsouthofSmithStreet,east City of DentonPage 1 of 5Printed on 7/11/2014 powered by Legistar" File #:S12-0001,Version:1 ofDallasDrive,andnorthofTeasleyLane;andprovidingforapenaltyinthemaximumamountof$2,000.00 forviolations,thereof,severabilityandaneffectivedate.(S12-0001)ThePlanningandZoningCommission recommended approval of this request subject to conditions (6-0) BACKGROUND TheapplicanthasrequestedthatthepublichearingitembeopenedandcontinuedtoadatecertainCity CouncilmeetingonAugust5,2014.Thiswillallowtheapplicationtomoveforwardwithoutstaffhavingto re notice the property (See Exhibit 1). Theapplicant(GregEdwardsonbehalfofAkersTowingServices)isrequestingapprovalofaSpecificUse Permit(SUP)tolegallyconductwreckerservicesandimpoundlotsoperationsonthesubjectproperty.The subjectsiteiscurrentlyzonedEC-I.PerSection35.5.6.2oftheDentonDevelopmentCode(DDC),wrecker services and impounds lots require an approval of SUP and must c Presently,thesiteisusedforwreckerservicesandimpoundslotsoperation.TherearenorecordsshowingCity ofDentonissuedapermitfortheoperation.Theintentofthisrequestistoobtainrequiredpermitsfromthe Citytoauthorizetheuse.InformationonfilewiththeBuildingInspectionDivisionindicatestheCityissueda CertificateofOccupancy(C.O.)forthepropertyin1978forautomotivestore.However,nowreckerservicesor impound lots were approved with the use. ThepropertywasdesignatedasaCommercialzoningdistrictin1978.PertheCityofDenton1969Zoning Ordinance,theOrdinanceregulatinglandusein1978,autowreckingorsalvageyardwereprohibitedinthe Commercialzoningdistrict.Subsequenttothe1978C.O.,severalC.O.swereissuedbytheCityforuses relating to automotive services. The following is a chronology o August 9, 1978, C.O. issued for automotive store (no wrecker or May 7, 1986, C.O. issued for automobile paint and body shop. A, C.O. issued for auto body repair. August 9, 1989, C.O. issued for auto repair and refinish. April 15, 1999, C.O. issued for auto paint and body repair. March4,2002,C.O.issuedforautostorage(nowreckerortowingwereauthorizedwiththeissuanceof the C.O.). DentonDevelopmentCodeSections35.5.6.2and35.5.8statethefollowingconditionsunderlimitation29for wrecker services and impounds lots: 1.ThesubjectlotshallcomplywiththeprovisionsoftheTexasAdministrativeCode,regardingVehicle Storage Facilities. 2.LotScreening:Allstoredvehiclesshallbeopaquelyscreenedfromallrights-of-wayandresidential uses and zoning districts. 3.Parkingandvehiclestorageareasassociatedwithwreckerservicesandimpoundlotsactivitiesarenot allowedwithinundevelopedfloodplain,water-relatedhabitat,andriparianbufferenvironmentallysensitive areas (ESA). 4.Bestmanagementpracticesaddressingstormwaterqualitymustbeimplementedandmaintainedon site.Managementpracticesmustattainthepollutantremovalcapabilitiesrecommendedforparkingareas intheIntegratedStormWaterManagement(iSWM)manual,aspublishedbytheNorthCentralTexas Council of Governments, or similar practices consistent with low City of DentonPage 2 of 5Printed on 7/11/2014 powered by Legistar" File #:S12-0001,Version:1 TheaboveconditionswereapprovedbytheCityCouncilin2009(Ord.2009-115)toaddressaestheticsand permanentstormwatercontrolsforensuringon-sitewaterqualityforwreckerservicesandimpoundlots operationsinthecity.TheconditionsareconsistentwiththeStateofTexasrequirementforwreckerservices andimpoundlotsoperations.Theapplicationsubmittedandtheproposedsiteplanindicatesallstoredvehicles on-sitewouldbescreenfromthepublicviewinconformancewiththerequirementoftheDDC.However,the proposedsiteplanandotherrelatedinformationsubmittedwiththeapplicationdoesnotdemonstrate conformancewiththelimitationforbestmanagementpractices(BMPs)fortreatmentofstormwaterquality andremovalofpollutantsforparkingareasasestablishedbytheNorthCentralTexasCouncilofGovernment, or similar practices consistent with low impact development (LID Staffmetonseveraloccasionswiththepropertyowners(JoeandGloriaAkers)andtheirrepresentative(Mr. GregEdwards)inanattempttodirectthemtosubmittinginformationandsitedevelopmentproposals conformancewiththerequirementoftheDDC.Staffalsovisitedthesiteonthreeoccasionstodiscussproposed layoutofallequipments,storageofvehiclesandlandscapingonthesite.Aftertheseseveraldeliberations,the applicantindicateditwouldbetoocostlytobringthesitetoconformtotheBMPsbeingrequiredbytheDDC. TheapplicantaskedstafftoforwardtherequesttothePlanningandZoningCommissionwithoutdemonstrating conformance with these BMPs. AttheMarch19,2014,PlanningandZoningCommissionmeeting,theP&Zrecommendedstaffandthe applicanttomeetanddiscusshowtheBMPsrequirementcanbeaddressedwithorwithoutstaffrecommended conditionsofapproval.OnApril8,2014,staffmetwiththeapplicant.However,therewasnoconsensus reachedonhowtheBMPscouldbeaddressed.StaffmetagainonMay15,2014,tocontinuetheBMP discussion.Again,therewasnoconsensusreached.Theapplicantinsistedtheactivitiesonthesitedoesnot createenvironmentalhazardtowarranttherecommendedconditionsofapprovalforBMPsonthesite.On April15,2014,theapplicantsubmittedalternativeproposedconditionsofapprovaltoaddresstheBMP requirement (see Exhibit 11). Fifteen(15)publicnoticesweresenttopropertyownerswithin200feetofthesite(Exhibit7).Sixty-eight(68) courtesynoticeswerealsosenttoresidentswithinfivehundred(500)feetofthisrequest.Asofthiswriting, staffhasreceivedtworesponsesinfavorandoneinoppositiontotherequestfrompropertyownerswithin200 feet of the boundary of the site. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table the item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request subject to conditions (6-0). The Development Review Committee recommends approval of this Specific Use Permit subject to conditions: City of DentonPage 3 of 5Printed on 7/11/2014 powered by Legistar" File #:S12-0001,Version:1 CONDITIONS OF APPROVAL: 1.ThesiteplanassubmittedandshowninExhibit8shallguidetheoperationoftheuseofthepropertyfor wrecker services and impounds lots. 2.Bestmanagementpractices(BMPs)addressingstormwaterqualitymustbeimplementedand maintainedonsitewithinninety(90)daysfromdateofapprovaloftheSpecificUsePermit.BMP(s)must bedesignedtotreathydrocarbonsandattainthepollutantremovalcapabilitiesrecommendedforparking areasintheIntegratedStormWaterManagement(iSWM)Manual,aspublishedbytheNorthCentralTexas Council of Governments, or similar practices consistent with low 3.Applicantshallprovidedocumentationforbestmanagementpracticesforstaffreviewandapproval priortoinstallation.ThedocumentationfortheBMPsshallbesubmittedtostaffforreviewwithinsixty days of approval of this SUP. 4.Theapplicantshallinstallaneight-foot(8)highscreeningfenceandatypeBbufferalongthe perimeterofthesite.Thelandscapingshallbeplantedalongtheoutsideofthefence,andshallbeirrigated andkeptaliveatalltimes.Materialfortheconstructionofthescreeningfenceshallbemadeofwoodor other opaque materials. 5.TheapplicantshallconstructthescreeningfenceandtypeBbufferwithin60daysafterapprovalof thisSUP.ThescreeningandtypeBbuffershallbemaintainedatalltimesforcontinualuseofthe property for wrecker services and impound lots. AnyviolationsoftheaboveconditionsshallrenderthisSUPnullandvoidwithoutanyfurtheractionofthe City of Denton. ESTIMATED SCHEDULE OF PROJECT Not Applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) At the March 19, 2014 meeting, the Planning and Zoning Commissio conditions. FISCAL INFORMATION Not Applicable. BID INFORMATION Not Applicable. EXHIBITS 1.Request for Continuance Memo 2.Staff Report and Analysis 3.Site Location/Aerial Map City of DentonPage 4 of 5Printed on 7/11/2014 powered by Legistar" File #:S12-0001,Version:1 4.Zoning Map 5.Future Land Use Map 6.Letter From Applicant 7.Notification Map 8.Site Plan 9.Landscape Plan 10.Site Photos 11.April 15, 2014 Letter from Applicant 12.Planning and Zoning Commission, March 19, 2014, Meeting Minutes 13.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development Director Prepared by: Nana Appiah, AICP Planning Supervisor City of DentonPage 5 of 5Printed on 7/11/2014 powered by Legistar" Exhibit 1 Request for Continuance Memo 221 N. ELM STREET DENTON, TEXAS * (940) 349-8541 * FAX (940) 349-7707 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM To: Mayor and Members of the City Council From: Brian Lockley, Director of Planning and Development Date: July 15, 2014 Subject: Request for Continuance of Public Hearing item S12-0001 Scheduled on the City Council docket for consideration is the following caption: Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit (SUP) to allow wrecker services and impound lots use on a property located in an Employment Center Industrial (EC-I) zoning and use district on approximately 1.3 acres. The subject property is generally located south of Smith Street, east of Dallas Drive, and north of Teasley Lane; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (S12-0001) The Planning and Zoning Commission recommended approval of this request subject to conditions (6-0). The applicant has requested that the public hearing item be opened and continued to a date certain City Council meeting on August 5, 2014. This will allow the application to move forward without staff having to re notice the property. “Dedicated to Quality Service” www.cityofdenton.com S12-0001 A Specific Use Permit (SUP) to allow wrecker services and impound lots on 1.3 acres. Greg Edwards Engineering Services Gloria Akers Akers Towing Services 715-717 Dallas Drive Denton, TX 76205 The subject property is generally located south of Smith Street, east of Dallas Drive, and north of Teasley Lane (S12-0001). 1.3 acres ± Employment Center Industrial (EC-I) Employment Center Nana Appiah, AICP The Development Review Committee (DRC) recommends of the Specific Use Permit, with conditions. In accordance with Sections 35.5.6.2 and 35.5.8 of the Denton Development Code (DDC), wrecker services and impound lots are permitted with an Specific Use Permit (SUP) in the EC-I zoning district with a limitation L(29). The limitation includes opaque screening of all stored vehicles from all rights-of-way and residential uses and zoning districts. In addition, the limitation includes adoption of best management practices (BMPs) for the treatment of on-site storm water and removal of pollutants emanating from vehicle parking areas. The site plan (see Exhibit 7) demonstrates how the screening requirement of the DDC will be met. The applicant is proposing wooden fence and screening on the northern property boundary, and another wooden screening fence on the south western corner of the site. In addition, the applicant is proposing to construct a wooden gate inside the property to screen store vehicles from public view. Staff is also recommending a type “B” buffer along the western property boundaries abutting Dallas Drive. However, the site plan submitted does not demonstrate how requirement for BMP’s showing treatment of pollutants shall be met. This requirement is necessary to ensure continual use of the property for wrecker services and impound lots operation is not detrimental to the City’s underground water system. Pursuant to Section 35.6.4 of the DDC, an SUP may be granted if the proposed use conforms (or can be made to conform through the imposition of conditions) to the standards established in the EC-I zoning district for operating wrecker services and impound lots uses. This Section of the DDC also provides standards by which an SUP is granted. Below are staff’s analyses of these standards: B. A specific permit shall be issued only if all of the following conditions have been met: 1.That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; 2.That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3.That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4.The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5.That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 6.That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. 7.That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. C.That adequate capacity of infrastructure can and will be provided to and through the subject property. D.That the Special Use is compatible with and will not have an adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone: 1.Similarity in scale, bulk, and coverage. 2.Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3.Architectural compatibility with the impact area. 4.Air quality, including the generation of dust, odors, or other environmental pollutants. 5.Generation of noise, light, and glare. 6.The development of adjacent properties as envisioned in The Denton Plan. 7.Other factors found to be relevant to satisfy the requirements of this Chapter. 1.The request is a Specific Use Permit to allow Wrecker Services 1.3 acres. The site is already developed and currently used for Wrecker Services and Impounds Lots. A portion of the site is also used for auto repair. 2.There are no approved City of Denton permits for wrecker services and impounds lots on this property. Citys record shows the issuance of a Certificate of Occupancy (C.O.) in 1978 for automotive store at this address. 3.The property was designated as Commercial zoning district in 197 zoning district prohibited auto wrecker or salvage yard. Current designation on the property is Employment Center Industrial (EC-I). Per Section 35.5.6.2 of the Denton Development Code (DDC), the EC-I zoning district permits wrecker services and impound lots through an SUP. “A 4.Per Section 35.23.2 of the DDC, wrecker services and impound lot is defined as: business that provides wrecker or towing service to vehicles that are stored at a state licensed vehicle storage facility. A licensed vehicle storage facility is a garage, parking lot, or other facility owned or operated by a person other than a governmental entity for storing or parking 10 or more vehicles per year.” 5.The subject site is located within the Employment Centers future land use designation. Per the Denton Plan Employment Centers future land use areas 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 a hotels, restaurants, convenience shopping, and child care. 6.The request to use the property for wrecker services and impounds lots conforms to the goals of the Employment Center future land use category. In addition, surrounding property in the immediate vicinity are designated as Employment Centers future land use category. Uses in the immediate vicinity include auto repair to the north, swimming pool maintenance and repair facility to the south, large storage containers sale operations to the east. The use of the subject property for wrecker services and impounds lots is not out of character to the surrounding uses. 7.The subject site is not located within a Historic or Conservation district. 8.The subject site has vehicular access to Dallas Drive. Dallas Dr Primary Major Arterial per the City of Denton Mobility Plan. 9.Anticipated transportation demand is 60 vehicle trips per day . 10.There are no planned public improvements for potable water, sanitary sewer, and drainage or transportation facilities serving the subject site beyond existing facilities. 11.The site is currently served by an 8-inch potable water mains, and 8-inch gravity sewer mains, along Dallas Drive. This main have adequate capacity to serve the existing peak water demand and wastewater discharge. 12.There is no anticipated increase in water demand beyond current consumption. Estimated peak hour consumption for the use is approximately 5 gallons per minute (GPM). 13.Estimated peak wastewater discharge is approximately 4 GPM. There is adequate capacity for wastewater discharge. 14.Anticipated storm water demand is approximately 11 cubic feet per second (CFS). There is adequate capacity onsite for storm water discharge. 15.According to the City of Denton Fire Department, this property is serviced by the Citys Fire Station #1, located at 332 E. Hickory Street. Based on the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions, the request with the surrounding land uses and general character of the area, with the Denton Plan, and with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends of Specific Use Permit, with conditions. NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequen application review process, which are on file with the City of D upon the applicant, provided such comments are not at variance w Development Code or other development regulations in effect at the time of development. EC-I: EC-I: EC-I: Auto Repair/Auto SalesVacantVacant property EC-I: EC-I: Dallas Drive/Car WashStorage Warehouse EC-I: EC-I: EC-I: Dallas Drive/Car WashSwimming Pool Retail Sales Storage Warehouse Source: City of Denton Geographical Information System and site A.Consistency with Goals, Objectives and Strategies: The subject site is located in the “Employment Center” future land use designation. These areas 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 a hotels, restaurants, convenience shopping, and child care. Staff finds use of the property for wrecker services and impound lots not out of character with the existing development patterns of the surrounding area. The property to the west is developed as an storage warehouse for large storage containers. It is also designated as Employment Center Future land use. The property to the north is currently used for auto repair and sales. The property to the south is used for swimming pool retail sales and maintenance. The continual use of the subject property for wrecker services and impound lots is not out of character with surrounding uses. B.Land Use Analysis: Staff finds this request with recommended conditions of approval compatible with the surrounding land uses. This request is for continual use of the property for wrecker and impounds lots operation. Therefore, the development will not produce any elementary, middle or high school students, and will not impact the associated Independent School District. Fire Station #1, 332 E. Hickory ± 1.8 miles Street This proposed development has been reviewed for compliance with the 2006 International Fire Code and City Ordinance 2009-098, Section 29-2 Amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances even in the absence of review comments. A. Estimated Demand and Service Provider: 1.3 ± acres Wrecker Service and Wrecker Service and Permitted Use Impound LotsImpound Lots Potable Water 5 (peak)Yes Consumption (GPM) Wastewater Generation 4 (peak)Yes (GPM) B. Available Capacity: The site is currently served by an 8-inch potable water main, and an 8-inch gravity sewer main, along Dallas Drive. These mains have adequate capacity to serve the existing peak water demands and wastewater discharges. C. CIP Planned Improvements: There are no planned public improvements for portable water, sanitary sewer, and drainage or transportation facilities serving the subject site beyond existing facilities. A.Estimated Demand : Subject Property Estimated Impact Analysis Adequate to Serve (Yes or 1.3 Proposed Demand ± acres No) Average Annual 60 Yes Daily Trips (AADT) Dallas Drive serves the subject site and has adequate capacity. : Dallas Drive is an improved Primary Arterial street. D. CIP Planned Improvements: There are no CIP improvements planned for Dallas Drive. Dallas Drive is a TXDOT owned and maintained roadway. The City’s Environmental Sensitive Areas (ESAs) map showed the subject property encroaching into a riparian buffer ESA.Staff assessed the area located along the southern property line, as part of this request and found the area not meeting the criteria for a protected area (ESA12- 0003). No public or private portable water wells are proposed for the site. The subject site is not within the boundaries of the Denton Municipal Airport Overlay District. Maintain clearances from overhead electric line in Dallas Drive right-of-way. New electric service will be per DME’s Electric Service Standard available at www.dmepower.com. . No comment t: The goals of limitation (L 29) condition for addressing best management practices (BMPs) is for the protection of existing aquatic ecosystems and f Lewisville Lake, Denton’s main source of potable water by preventing pollutants from becoming water-borne. There is a higher risk of spills and vehicle leaks associated with wrecker services and impound lots resulting in pollutants, such as oils, fuels, and other vehicle fluids, reaching nearby drainage ways. The applicant made attempts for using existing features (grassy areas, swales, public drainage easements, etc) on site and outside of the property as BMPs. However, all the existing site features did not meet minimum design criteria for effectively working as BMPs; were not designed for treating pollutants associated with vehicle spills and leaks; were outside the subject property and/or encumbered by public drainage easements limiting the control and access that the business owner would have over the BMPs for maintenance purposes and/or could not guarantee the permanence of the BMPs. The applicant requested moving forward with this SUP request without proposing any BMPs. There are other BMP options that could be implemented but this would require designating an area for the placement of the BMP(s) and the cost associated with the design, construction, and maintenance of the BMP(s). Exhibit6 LetterfromApplicant GEES,I. REG DWARDS NGINEERING ERVICES NC 1621AC MANDA OURT P,TX76259 ONDER (940)482-2907PH (940)482-6214FX .GEES. WWWUS Tuesday, January 15, 2013 City of Denton Planning Attn.: Brian Lockley, AICP, CPM 221 N. Elm Street Denton, Texas 76201 RE: Akers Towing Î Special Use Permit (SUP) Dear Brian: The purpose of this narrative is to provide information on how the existing use conforms with all standards within the zoning district. It is our intent to follow the narrative guidelines with portions of the guidelines copied prior to certain discussions. Site History Joe Akers started his first automotive repair and towing service Business in Denton in 1968. He relocated his business to the 715 Dallas Drive site and obtained a certificate of occupancy in 1978. Project Description/Summary Akers Towing has operated in Denton under various ownership and company names since 1968. Akers Towing is a State Licensed Vehicle Impoundment Facility which is currently operating as a legal non-conforming use since the 2001 rezoning of the property. Based on various changes to the City of Denton regulations and recent enforcement efforts, some of our clientÓs long standing business practices have come into questions. With this SUP request we are hoping to update the status to legal conforming use, make improvements to the site and clarify or establish legal status for some of the uses and business practices which our clients would like to continue. The Ðjunk vehicleÑ provisions of the code have raised many questions concerning the operation of the Akers Towing business. For Many years Akers To displayed its first tow truck at the front of the lot. Since it it appears to meet the definition of a Ðjunk vehicleÑ per the City of Denton Code and appears to be subject to citations. We are hoping with this SUP that we will be able to establish the right for this vehicle to proudly stand in front of this business and re- establish itself as the long standing symbol of Akers Towing service to this Z:\SENT RECORDS\1400-1499\1441\SUP - NARRATIVE.doc City of Denton 2 Tuesday, January 15, 2013 community and be designated a display vehicle to be used as part of the signage and advertising for this business. As a State Licensed Vehicle Impoundment Facility, Akers Towing p disabled, or abandoned vehicles at the request of the City of Denton Police Department as well as other governmental agencies and impound the vehicles until they are claimed. Most vehicles are picked up or delivered to repair shops or otherwise claimed within a week. Vehicles which have not been claimed within a certain amount of time (currently 45 days) become the property of Akers Towing. Most of these vehicles are either delivered to the salvage yard for crushing and recycling, or held for less than a week for them to be picked up for action. Horse trailers and other non-motorized vehicles have been impounded which are not typically taken by the auctioneers. Although it appears to be l to keep the vehicles that they own on-site, the scale and duration of stay of some of these vehicle have been questioned by the City of Denton code en personnel. With the proposed SUP we are proposing to provide a fully screened area where these vehicles can be stored on site to facilitate the transition from Impounded to sale. This should assist Akers Towing in allowing them to operate their business without having to obtain off-site storage facilities for these vehicles and limit the scale of this transfer operation where it should not come in conflict with code enforcement issues. ÐJunk vehiclesÑ: 1. Akers Towing currently owns a bucket truck which is not a street legal vehicle. They tow this vehicle to the job site and use the bucket to transfer loads much like a fork lift. Unlike a fork lift this piece of equipment can access and transfer loads which normally can not be accessed by fork lift. Whether it is a load of furniture for a new business in Denton or an overturned trailer on the freeway this equipment has been vital to the operation of Akers Towing. 2. Akers Towing currently owns a Tow Truck which has been taken out of service. They would like to store this equipment on site to act for similar vehicles which they own. In the past Joe have been able to change out a motor or other part and have a truck back in operation in a matter of hours rather than having to order a part and being out of operation for days. The Vehicle body protects the spare parts form the elements and Joe has found that having the parts on hand also helps with cash flow when replacement parts for these large vehicles can run several thousand dollars. 3. Akers Towing has a tongue and axles which can be transported to the site and used to remove a trailer from the highway when it has a damaged Akers Towing would like to have the flexibility to identify similar types of equipment which could be classified as Ðjunk vehiclesÑ as business equipment and be allowed to store this equipment within the outside storage area as long as it is not visible from Dallas Drive when the gate is shut. Z:\SENT RECORDS\1400-1499\1441\SUP - NARRATIVE.doc City of Denton 3 Tuesday, January 15, 2013 Based on the SUP, Akers Towing is requesting to add screened fencing and a screened gate which will define and screen the outside storage area. We feel that this facility will allow Akers Towing to continue their operations with only minor procedural changes to their operations and greatly improve the appearance of their property. Surrounding Properties Akers Towing is located at 715 Dallas Drive and is zoned EC-I. All of the adjacent properties East of Dallas Drive are zoned EC-I and appear to be occupied by a variety of commercial and industrial type businesses except for two tracts which appear to be vacant. The properties immediately west of Dallas Drive are zoned DC-G and appear to be occupied by commercial type businesses. Existing Site Conditions The existing site conditions are shown on the attached SUP site occupies the building addressed at 715 Dallas Drive, the parking facilities south of 715, several out building and the yard area north of the existin automotive repair, wrecker service, and vehicle impound facilities 717 is leased for an automotive repair business. Proposed Site Conditions The proposed site conditions are shown on the attached SUP site plan. With this plan the proposed uses are being restricted to the designated areas as shown on the plan. Proposed mitigation measures for nuisance abatement The existing State Licensed Vehicle Impoundment Facility is located near the North West corner of the property and is well screened from Dallas Dri proposed fencing and screening enhancements, the Towing equipment, Impound facilities and disposal vehicles will be better screened from the neighboring properties and Dallas Drive. Specific Use Plan approval criteria ÐA. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with the Denton Plan and federal, state or local law.Ñ Discussion: It is our understanding with approval of the SUP the proposed use will meet all of the zoning requirements and has all of the permits needed to meet all federal state and local laws. Z:\SENT RECORDS\1400-1499\1441\SUP - NARRATIVE.doc City of Denton 4 Tuesday, January 15, 2013 ÐB. A specific use permit shall be issued only if all of the following conditions have been met;Ñ 1. That the specific use will be compatible with and not injurious enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant proper 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. The design, location and arrangement of all driveways and parkin provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibrat 6. That directional lighting will be provided so as not to disturb affect neighboring properties; and 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property.Ñ Discussion: Since Akers Towing is an existing use which has operated at this location since 1978, the proposed improvements to the site shoul conditions listed above. ÐC. That adequate capacity of infrastructure can and will be pro the subject property.Ñ Discussion: The existing facilities have provided adequate capa several decades. The attached site plan with calculations additionally shows that the existing facilities should be adequate. ÐD. That the Specific Use is compatible with and will not have a the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone. 1. Similar in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in The Denton Plan. 7. Other factors found to be relevant to satisfy the requirements of this Chapter.Ñ Z:\SENT RECORDS\1400-1499\1441\SUP - NARRATIVE.doc City of Denton 5 Tuesday, January 15, 2013 Discussion: Tearing down the existing and building a new facili intense use would probably be more in line with the 7 conditions listed above, but does not appear to be the desire of our clients at this time. As I understand it the Denton Plan is intended to Ñencourage quality developmentÑ, not businesses. Keeping the existing use while enhancing the screening, inherently appears to be compatible with the surrounding area and appears to be within all of the limits outlined in the zoning ordinance. Thanks Greg Edwards, P. E. CC: Gloria Akers, Ron Menguita, Nana Appiah Z:\SENT RECORDS\1400-1499\1441\SUP - NARRATIVE.doc GEES,I. REG DWARDS NGINEERING ERVICES NC 1621AC MANDA OURT P,TX76259 ONDER (940)482-2907PH (940)482-6214FX .GEES. WWWUS Thursday, July 18, 2013 City of Denton Planning Attn.: Brian Lockley 221 N. Elm Street Denton, Texas 76201 RE: Akers Towing S12-0001 Response to Comments Dated 30 January, 2013 Dear Brian: Thank you for meeting with us to try to come up with solutions which will assist the AkerÓs in continuing or expanding their business on this site. Attached is a copy of the revised Special use Permit Plans. We have revised the site plan to reflect an expansion of the ÐVehicle StorageÑ (Impound) area as we have discussed. After meeting with the Akers on-Site it became apparent that the tractor trailer trucks that they provide service to will not be able to be placed in the vehicle storage area we discussed. I have therefore designated a Primary and a Secondary Vehicle Storage Area and reworded the Ðnote: to try to clarify this operation. We have removed some interior fencing and added screening to more of the perimeter fencing to compensate for the interior screen which was removed. Since the Oversized vehicles are typically Corporate owned vehicles they are generally reclaim in a one to two week time frame and given the location should not be readily visible from the street. I hope that you will be able to support these revisions. The following is a summary of how we have addressed the staff comments. Commenting Department: WATER ADMINISTRATION Date: 1/30/2013 Status: Return for review Reviewed By: Deborah Viera Comment WA4. Response: We have evaluated the existing site based on the current ISWM manual. Sheet 4 was added to show the locations of the existing facilities which have been providing water quality improvements on and adjacent to the property for the last severa years. The computation sheets shows the anticipated removal rates based on the ISWM criteria and shows the calculated Z:\SENT RECORDS\1400-1499\1441\Comment Response (31 January, 2013).doc City of Denton 2 Thursday, July 18, 2013 required an proposed Gras Filter sizes to obtain the removal rat shown in the computations sheet were also provided in the table. Commenting Department: PLANNING Date: 1/30/2013 Status Return for Review Reviewed By: Nana Appiah P1. Show proposed number of parking spaces for the Ðexisting state licensed vehicleÑ facility. Response: We added examples of how vehicles can be store within the designated areas but these are stored not parked vehicles. Not all of the vehicles will be passenger cars so the will need some flexibility on how they choose to store the vehicles. P2. Label the total area for the Ðexisting state licensed vehicleÑ facility on the site plan. Response: Existing and proposed areas added to plan as requested. P3. Label the structures on the site and their proposed use. This list can be shown in a table format Response: Each building is labeled. P4. List all uses and equipment to be stored in the Ðproposed vehicle storage yardÑ. Response: Note 1. & 2. revised to clarify and general classes of equipment and locations shown as discussed. P5. Provide a list of all uses on the site to be covered by this specific use permit. Response: Information clarified as discussed. P6. Label the total area of the office on the site plan. Response: Information added to the site plan as requested. P7. Please a landscape plan showing the existing and proposed landscape improvements to the site. Response: We provided a landscape plan and we showed existing and proposed improvements. After meeting with Nona additional we reduced the number and revised the location of the proposed trees. P8. Please note. Per Section 35.6.5 of the Denton Development .Code (DDC), staff may recommend conditions of approval deem feasible continual operation of the site. Z:\SENT RECORDS\1400-1499\1441\Comment Response (31 January, 2013).doc City of Denton 3 Thursday, July 18, 2013 Response: Comment Noted. I hope that you will be able to verify that we have adequately addressed staff comments and are ready to proceed to Planning and Zoning commiss Please call if you have any questions. Thanks Greg Edwards, P. E. CC: Gloria Akers Z:\SENT RECORDS\1400-1499\1441\Comment Response (31 January, 2013).doc GEES,I. REG DWARDS NGINEERING ERVICES NC 1621AC MANDA OURT P,TX76259 ONDER (940)482-2907PH (940)482-6214FX .GEES. WWWUS Tuesday, September 10, 2013 City of Denton Planning Attn.: Brian Lockley, AICP, CPM 221 N. Elm Street Denton, Texas 76201 RE: Akers Towing Î Special Use Permit for Automotive Towing Dear Brian: As you noted, I have met with Deborah Viera and based on that meeting it does not appear that we can prepare computations based on the ISWM criteria to show that the AkersÓs site is in compliance with the ISWM criteria. Limitation L(29) #4also provides for Ðsimilar practices consistent with low impact development (LD) approaches.: Since our plan calls for planting of new trees and erection of screening materials on the existing chain link fencing, our proposed construction activities are about as low impact as they can get. The Akers began their operation at this location in 1978. Their site is located on some of the most pervious soils in Denton County in accordance with the Soil conservation Service, Soil Survey of De hydrologic soil classification ÒBÓ. The extensive gravel surface surrounding the roof and concrete pavement as well as the vegetation that has grown up through the gravel could be one of the most effective sediment and hydro-carbon sand filters known to man. The costs of geotechnical testing and other studies needed to prove this, or tearing up the site providing new facilities which may not be any more effective is more than the AkerÓs would like to spend to continue the operation of their business at this location. Joe claims that the State requirements for him to have materials to clean up the accident site, restrictions on transporting and storing the damaged vehicles insure that the leakage of oil from any of his stored vehicles into the ground or surrounding environs is less than what you would find in a typical parking lot. I have been out to the site on numerous occasions, and driven arou seen no signs of discolored vegetation or any indication of hydrocarbons leaving the site. I have been to the site during rainfall events and noticed some small bird baths in the gravel, and did not see a sheen or any indication of hydrocarbons in the standing water. It is our hope that the City Council will accept this evidence as meeting the Ðsimilar practices consistent with low impact developmentÑ requirement within limitation L(29). Brian LockleyZ:\SENT RECORDS\1400-1499\1441\LT08 BRIAN LOCKLEY - SUP.doc City of Denton 2 Tuesday, September 10, 2013 It is my understanding that there were not any outstanding issues with any other of the departments based on our last submission, therefore, I request, that sheet 4 of our last submission be deleted and that sheets 1 through 3 of our last submission be submitted to the Planning and Zoning Commission for approval. Sincerely Greg Edwards, P. E. CC: Nana Appiah, Gloria Akers, Ron Menguita Z:\SENT RECORDS\1400-1499\1441\LT08 BRIAN LOCKLEY - SUP.doc Look toward subec site jt Look toward subec site jt Look toward subject site Look south from the site Exhibit11 April15,2014LetterfromApplicant GEES,I. REG DWARDS NGINEERING ERVICES NC 1621AC MANDA OURT P,TX76259 ONDER (940)482-2907PH (940)482-6214FX .GEES. WWWUS Tuesday, April 15, 2014 City of Denton Planning Attn.: Debra Viera AICP, CPM 221 N. Elm Street Denton, Texas 76201 RE: Akers Towing Î Special Use Permit for Automotive Towing Dear Debra: Based on our meeting earlier this week, it is my understanding that staff does not considers a commitment to a sand filter as the only option that proves that we meet condition L(29) and that since that commitment is not on the plan, the staff recommendation will include conditions 2 & 3 per the Planning and Zoning Commission Recommendations. As we discussed, the staff report appears to anticipate that leaking vehicles will be brought onto the property and allowed to contaminate the site, so that run-off from the site should be treated to remove the contaminants prior to discharge into our primary water supply source. As we have documented in our previous correspondence the Akers current operation tend to deal with the leakage problem before it contaminates their site. In addition, their site is a well-stabilized and much more natural drain than would currently be allowed in the City of Denton, which we feel has some positive impact on the quality of stormwater run-off that leaves this site. As we discussed we will be recommending to the City Council that conditions 2 and 3 be replaced with the following conditions: Proposed Operational Conditions 1. That the impounded passenger vehicles be stored within the existing gravel surface as shown on the Special Use Permit Site Plan, and that any modification to this area be reviewed and approved by the City o Staff, to assure that any stormwater quality aspects of this storage area are not diminished. 2. That the Akers continue their current operational practice of transporting leaking vehicles to their site in a flatbed or other similarly designed tow truck which will capture leaking hydrocarbon or other fluids without direct discharge on the City street. Z:\SENT RECORDS\1400-1499\1441\LT 10 Debra Viera - SUP.doc City of Denton 2 Tuesday, April 15, 2014 3. That they continue their operations of identifying all leaking vehicles and place pans or other suitable devises to capture leaking materials before they have an opportunity to contaminate the site. 4. That they continue to identify vehicles with persistent leakage problems and drain the offending fluid to assure that these fluids will not c site. 5. That they continue to dispose of these captured contaminants in accordance with applicable laws. I believe that these are the practices which we feel have met the Ðsimilar low impact developmentÑ criteria of condition L(29) which have also contributed to the lack of evidence of offending discharges from the site. Please let us know if you think that we have left out anything that we have previously discussed within these operational criteria which should be added to the list. Thank you for your willing to review these proposed conditions, so that if Council chooses not to follow the staff recommendations, we might have a chance to clean up the language prior to the Council meeting. Sincerely Greg Edwards, P. E. CC: Brian Lockley, Nana Appiah, Gloria Akers, Ron Menguita Z:\SENT RECORDS\1400-1499\1441\LT 10 Debra Viera - SUP.doc Exhibit12 PlanningandZoningCommissionMeetingMinutes March19,2014 up. Escobar stated the proposed driveway could allow access to the church and not just the subject site. There could be conditions added that it be narrowed, gated, only open during funeral sessions, a signed exit only, and police escorted. Escobar stated those are some of the suggestions by staff. Leal stated as far as grandfathering, the applicant is replatting the property, so the grandfathered rights are lost. Commissioner Devin Taylor motioned, Commissioner Amber Briggle seconded to deny this request. Motion failed (3-3). Leal stated this motion fails and would have to come back before this Commission with full Commission present. It is required this item be postponed to the April 9, 2014 meeting date. 5.PUBLIC HEARING: A.Hold a public hearing and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow a wrecker services and impound lots use on a property located in an Employment Center Industrial (EC-I) zoning and use district on approximately 1.3 acres. The subject property is generally located south of Smith Street, east of Dallas Drive, and north of Teasley Lane. (S12-0001, Akers Towing, Nana Appiah) Lockley introduced Appiah. Appiah stated this request is for a Specific Use Permit to allow a wrecker services and impound lots use on a property located in an Employment Center Industrial zoning district on approximately 1.3 acres. Appiah provided the Limitation 29 (L29) Conditions that are provided in the staff backup. Appiah stated all of the conditions have been met except for condition four. There had been several deliberations as to how this request could be met; however, it has not been met yet. On August 9, 1978, a Certificate of Occupancy (C.O.) was issued for automotive store; however, no wrecker or towing was associated with this use. On May 7, 1986, a C.O. was issued for automobile paint and body shop. On April 5, 1988, a C.O. was issued for auto repair. August 9, 1989, a C.O. was issued for auto repair and refinish. April 15, 1999, a C.O. was issued for auto paint and body repair. Then on March 4, 2002 a C.O. was issued for auto storage. There was no wrecker or towing authorized with the issuance of this C.O. Staff sent 15 Public Hearing notices to property owners within 200 feet of the subject site, and 68 courtesy notices to property owners within 500 feet of the subject site. At this time staff has received one returned response in favor and one returned response neutral to this request. The Development Review Committee recommends approval of this request subject to the seven conditions listed in the staff backup. Bentley referred to Condition four (4) stating the screening fence shall be wood materials. Bentley stated wood deteriorates. Appiah stated it can be maintained, there are no conditions to maintain. Strange referred to Condition six (6); questioning if the applicant has time to correct the violation. Appiah stated that is correct. Lockley stated the issue is the opaqueness of the fence materials. The condition wording could be changed from wood to opaque to allow for more options. The issue with some materials such as plastic could dilapidate faster than wood. Bentley stated the condition could state wood or cement or a product of nature that is long lasting materials. Leal state Condition six (6) is inconsistent with Subchapter 6 of the DDC. That subchapter is specific and cannot be revoked or modified. Leal stated he would recommend this to be consistent to the DDC or if this Commission chooses they could recommend that to the City Council. Schaake questioned Leal if his recommendation would be to strike that condition; Leal stated if it were move forward than to make it consistent with Subchapter 6 of the DDC. Greg Edwards, Greg Edwards Engineering, 1621 Amanda Ct, Ponder, TX 76259 Edwards stated he is representing Akers Towing. Edwards thanked staff. Edwards stated he doesn’t believe that neither he nor Akers Towing were aware staff’s recommendation would be for modification of the site. There are several of the items that appear to only be a viable process to meet; which would be with a sand filter. Edwards stated he is unaware how it would work, when you are burying porous materials; on a rainy day there is no sheen of oil on the property. This is a very clean operation. Edwards stated Joe Akers stated there are more materials left on the ground at the site the vehicle is picked up at. There are no toxins to harm anyone, the water, or the fish in the water. Edwards stated he would like the conditions listed to be removed. Edwards stated Joe Akers purchased materials for a six foot screening fence. Edwards would like to see the conditions be modified to allow the materials already purchased. Bentley questioned Edwards if he would like the request to be made to allow the six foot fence that was already purchased. Edwards stated that is correct. Bentley stated there can be issues with a six foot fence being too low. This could allow for trespassing on the property. Edwards stated the screening is primarily for the visual screening of the site; the primary purpose is not for protection. Schaake questioned the reasoning behind Conditions 2 through; Appiah stated those conditions are for meeting the requirements of the Limitation 29. Schaake questioned when those conditions took place; Appiah stated in 2010. In 2010, it was allow with all of the conditions listed today; however, it was not allowed prior to 2010. Lockley stated there are several properties surrounding the subject site that have storage areas; the City for some time now has received several complaints in regards to visible storage. Taylor referred to environmental requirements; it was until 2010 that wrecking yards weren’t allowed at all. Taylor questioned other zoning categories and how long there have been ground water requirements. Viera stated in 2009, it was brought to the Cities attention that many wreckers were not allowed by drainage ways. It was then required to add conditions for environmental requirements. The conditions didn’t make any assumptions to the existing businesses. Taylor questioned if there were any environmental requirements prior to 2009. Viera stated prior to 2009 for uses such as wreckers and towing, it wasn’t required. Viera stated the parking lot requirement was issued into a storm drain because the potential of spills from fluids. The City Council approved an ordinance putting a definition throughout the Industrial Center Employment zoning district for towing yards. Taylor referred to storage units that were granted Specific Use Permits in the 1970-1980’s; Taylor questioned any changes. Appiah stated expansion of special exceptions and applicability table for expanding. Appiah provided Subchapter 11 of the DDC that discussed Applicability Tables. Lockley stated the use of the business as it currently is, is expanding for business. There has never been a permit issued for auto wrecking. Edwards stated expansion as he reads it is expanding the business. Edwards stated he didn’t realize the interpretation expanding the storage use would permit by the state. Edwards stated they would hold off on the expansion and this business is not an auto wrecking salvage yard. This is a tow truck bringing cars into a state licensed storage facility so they can be reclaimed by their owner. There is no dismantling of the cars, only towing services. Bentley stated he feels the recommendations should be left in place. Strange questioned the business owner how long he had his state license for towing. Gloria Akers stated the reason she is upset is there are a lot of things being said that aren’t true. There are two addresses to this location, 750 and 770 Fort Worth Drive. One address is the wrecker service and the other address is a paint and body shop. That use was grandfathered in. Akers stated they have been there since 1978, and had been the towing company for the City. Akers stated they had been used to clean all the streets of the City and tow all the cars sitting around. The lot is only setup for 25 vehicles. The surrounding properties support this business. Akers added as far as the drainage issue, the lime gravel can be kept very clean. Strange questioned how long they have had their license for towing; Akers stated since 1978, the Texas Department of Licensing and Registration with 25 cars since 2010. Akers added prior to that they weren’t required to have the licensing. Schaake opened the Public Hearing. Fred Hill, 108 Bentwood Court, Denton, Texas Hill stated this wrecker service was there in the 1960’s; the history of it is that it has been there for a long time. The use is not a wrecking yard; they do not sale cares or repair them. The business owner maintains a good relationship with the people in that area. Schaake closed the Public Hearing; there was no one else to speak on this item. Bentley stated he would like to motion approval of this request with staff’s conditions that includes the removal of Condition six (6), and to modify Condition 4 to read opaque screening. Leal stated Conditions 1-4 are consistent with L29; this means these four conditions have to be followed with the approval recommendation process. In order to get away from these requirements an amendment to L29 would have to be made. This Commission could provide a finding or statement to L29 conditions. Bentley referred to Condition 4, stating L29 doesn’t specify about the height requirement or buffer. Leal stated that is correct, the previous statement was an error on his behalf. Taylor stated he doesn’t see an issue with them coming into compliance since they have been occupying the space for several years. Taylor stated he does have concerns with expanding the lot; they would need to meet the environmental requirements. Taylor stated he would like to see staff and the applicant work out alternatives if there is an expansion in the future to this site in regards to Limitation 29. Schaake stated the motion on the table is to approve this request based on staff’s conditions with the approval of Conditions 1-5. This also includes the notion on Condition 4 that the fence screening needs to be of wood or other opaque materials. Schaake stated that notion needs to be made separately from the motion unless the Bentley would like to accept. Bentley stated he would accept that notation to the motion. Schaake stated that notion is that staff would work with the applicant in mitigation on Conditions 2 and 3 for the existing business. Bentley and Taylor stated they would accept that notion. Commissioner Brian Bentley motioned, Commissioner Devin Taylor seconded to approve this request based on Conditions 1-5 of staff’s conditions with the following amendments: a notion within Condition four (4) be made that the fence screening be of wood or other opaque materials, and staff and the applicant meet to discuss mitigation on Conditions two (2) and three (3) for the existing business. Motion approved (6-0) B.Hold a public hearing and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow a multi-family development. The approximately 4.13 acre property is located on the west side of Sherman Drive, west of the intersection of Sherman Drive and Linwood Drive. The site is located within a Neighborhood Residential Mixed Use (NRMU) zoning district. (S13-0011, University North Apartments, Cindy Jackson) Lockley introduced Marohnic. Marohnic stated this is a Specific Use Permit for multi-family on 4.13 acres. The subject site is located within the Neighborhood Residential Mixed-Use zoning district. Marohnic stated with the proposed multi-family use is for 76 units, which would be 18.4 dwelling units per acre. This would be approximately 256 bedrooms, and a 5,000 square foot clubhouse. Marohnic provided the proposed site plan and building elevations. Staff sent 24 Public Notices to property owners within 200 feet of the subject site, and 79 courtesy notices within 500 feet of the subject site. At this time staff has received three responses in favor of this request and one neutral to the request. The three in favor were from the property owner; therefore, they do not count. The Development Review Committee (DRC) recommends denial of this request. The applicant is present. Bentley stated if this were a typical apartment structure than it would allow 123 lease holders; however, since this is a lease by bedroom complex than it would be approximately 256 lease holders. Bentley stated this is a satellite living space for Texas Woman’s University (TWU). The shortest path for those commuters from the subject site to TWU would be down Bell Avenue. Bentley questioned if a traffic analysis has been completed. Marohnic stated it would be required at the time of platting. Marohnic added Escobar might be able to elaborate more. Escobar stated that typically occurs during the planning phase and the final plat. Conner questioned the units to be one, two, and three bedroom units. Marohnic stated they would be two, three, and four bedroom units. Schaake questioned if it is student housing. Bentley stated it is a rent by the bed unit. Conner acknowledged. Bentley questioned if staff has completed a landscape analysis. Marohnic stated the DRC comments were released stating a Type B buffer along the northern property line and a Type C buffer on the commercial former Piggly Wiggly parking lot would be required. Bentley questioned the parking lot bump outs and landscaping. Marohnic stated Section 35.13.13.2 of the DDC doesn’t list a required number of bump outs or landscape items per parking spaces. Strange referred to the drainage to the north of the property, questioning what storm water requirements or detention pond would be needed. Escobar stated an underground parking lot Exhibit13 Ordinance City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:S13-0008 Version:1 Name: Type:Planning Case Status:Agenda Ready File created:6/27/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Hold a public hearing and consider adoption of an ordinance rega allow the installation of a telecommunication tower on a propert General (IC-G) zoning and use district on approximately 6.88 acr located south of McKinney Street, approximately 1700 feet west o penalty in the maximum amount of $2,000.00 for violations, there (S13-0008) The Planning and Zoning Commission recommended approv conditions (6-0). Sponsors: Indexes: Code sections: Attachments:EXHIBIT 1 - Staff Analysis EXHIBIT 2 - Site Location and Aerial Map EXHIBIT 3 - Zoning Map EXHIBIT 4 - Future Land Use Map EXHIBIT 5 - Letter From Applicant EXHIBIT 6 - Notification Map EXHIBIT 7 - Site Plan EXHIBIT 8 - Elevations EXHIBIT 9 - Site Photos EXHIBIT 10 - Planning & Zoning Commission, June 11, 2014, Meetin EXHIBIT 11 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr Date:July 15, 2014 SUBJECT HoldapublichearingandconsideradoptionofanordinanceregardingaSpecificUsePermit(SUP)toallow theinstallationofatelecommunicationtoweronapropertylocatedinanIndustrialCenterGeneral(IC-G) zoningandusedistrictonapproximately6.88acres.Thesubjectpropertyisgenerallylocatedsouthof McKinneyStreet,approximately1700feetwestofTrinityRoad;andprovidingforapenaltyinthemaximum amountof$2,000.00forviolations,thereof,severabilityandaneffectivedate.(S13-0008)ThePlanningand City of DentonPage 1 of 4Printed on 7/11/2014 powered by Legistar" File #:S13-0008,Version:1 Zoning Commission recommended approval of this request with cond BACKGROUND Theapplicant,JeffHardgrave(onbehalfofAtmosPipeline,Texas),isrequestingapprovalofaSUPto constructatelecommunicationtowertogatheroperationalandcontrolinformationonanearreal-timebasis fromthesubjectsitetoAtmosEnergyheadquartersinDallas.Therequestisfortheinstallationofa telecommunicationtowerof165feetinheight.PursuanttoSection35.12.8.7oftheDentonDevelopment Code, new monopole towers over 85 feet in the IC-G zoning distri AtmosEnergycurrentlyoperateseight(8)storagegaswellstoragetanksandagascollectionandprocessing facilityonthesite.Theseeight(8)existingstoragewellsareusedtoinjectnaturalgasintoexistingreservoirs thatarelocatedbeneaththeground.Accordingtotheapplicant,thesitewaspreviouslyusedtoextractoiland naturalgas.Theseexplorationactivitiesbeganinthe1950s.Afterproductionactivitiesceased,thesubsurface field was converted to a natural gas storage reservoir. Duetosecurityconcerns,ithasbecomenecessaryforAtmosEnergytomonitorandreceivecommunicationon thesitenearreal-timebasis.Accordingtotheapplicant,hard-wiredlandlineshadbeenusedinthepastto monitorandcollectoperationaldataonthesiteandrelayinformationfromtheheadoffice.However,thereare substantiallimitationstousinghardwirecommunications.Someofthelimitationincludespotentialcuttingof thelinesbymaintenancecrew.Hard-wiredcommunicationlinesarealsolesssecured;therefore,theneedfor utilizingradiocommunicationonthesite.Thisisbecauseradiocommunicationsareamoresecureandreliable method for data acquisition and transfer. OnMay23,2014,AtmosEnergymailedletterstopropertyownerswithin200and500feetofthesubject requestinformingthemofaneighborhoodmeetingtodiscusstherequest.Inaddition,residentsofMcDonnell HighlandsSubdivisionwerealsosentletterstoinformthemofthesameneighborhoodmeeting.OnMay,29, 2014, a neighborhood meeting was held; however, no residents or OnMay28,2014,three(3)publichearingnoticesweresenttopropertyownerswithin200feetofthesite (Exhibit6).Three(3)courtesynoticeswerealsosenttoresidentswithinfivehundred(500)feetofthesubject site.Staffalsosentonehundredandforty-one(141)noticestoresidentsofMcDonnellHighlandSubdivision. NoticesweresenttoresidentsofthissubdivisionbecauseAtmosEnergy,LLCandtheCitystaffwantedto keeptheneighborhoodinformedwheneverthereareproposedactivitiesonthesite.Asofthiswriting,staffhas receivednoresponsetothenoticeofpublichearingfrompropertyownerswithin200and500feetofthesite, or response from residence if McDonnell Highland Subdivision. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table the item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request subject to conditions (6-0). City of DentonPage 2 of 4Printed on 7/11/2014 powered by Legistar" File #:S13-0008,Version:1 1.ThesiteplanassubmittedandshowninExhibit7shallguidethedevelopmentofthe telecommunication tower on the subject site. 2.TheelevationsplansubmittedandshowinExhibit8shallguidedevelopmentofthetower.Thetower shall not exceed 165 feet in height as shown in the elevation pl The Development Review Committee recommends approval of this Specific Use Permit, with conditions. ESTIMATED SCHEDULE OF PROJECT Not Applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) OnAugust20,2013,theCityCouncilapprovedaninitialzoningdesignationofIndustrialCenterGeneral(IC- G) for the subject property. AttheJune11,2014meeting,thePlanningandZoningCommissionrecommendedapprovalofthisrequest(6- 0). FISCAL INFORMATION Not Applicable. BID INFORMATION Not Applicable. EXHIBITS 1.Staff Analysis 2.Site Location/Aerial Map 3.Zoning Map 4.Future Land Use Map 5.Letter From Applicant 6.Notification Map 7.Site Plan 8.Elevations 9.Site Photos 10.Planning and Zoning Commission, June 11, 2014, Meeting Minutes 11.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM City of DentonPage 3 of 4Printed on 7/11/2014 powered by Legistar" File #:S13-0008,Version:1 Planning and Development Director Prepared by: Nana Appiah, AICP Planning Supervisor City of DentonPage 4 of 4Printed on 7/11/2014 powered by Legistar" Exhibit 1 Staff Analysis CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: June 11, 2014 TYPE: Specific Use Permit CC Date: July 15, 2014 PROJECT #:S13-0008 Project Number: S13-0008 Request: A Specific Use Permit (SUP) to allow the installation of a telecommunications tower. Applicant: Jeff Hardgrave on behalf of Atmos Pipeline, Texas Property Owner: 5420 LBJ Freeway, Suite 1528 Dallas, TX 75240 Location: The subject property is generally located south of McKinney Street, approximately 1700 feet west of Trinity Road. Size: 6.88 acres ± Zoning Designation: Industrial Center General (IC-G) Future Land Use: Industrial Center Case Planner: Nana Appiah, AICP DRC Recommendation: The Development Review Committee (DRC) recommends approval of S13-0008, with conditions. Summary of Analysis: In accordance with Sections 35.12.8.5 and 35.12.8.7 of the Denton Development Code (DDC), telecommunication towers are permitted with an SUP within the IC-G zoning district. Pursuant to Section 35.12.8.3.A of the DDC, all applications for rezoning or a SUP for a telecommunications tower, antenna, or other facility to provide a telecommunications service shall include a completed supplemental information form provided by the City regarding said facilities. In addition to any information required for applications for a SUP pursuant to this chapter, applicants for a SUP for a telecommunications tower or antenna or other such facility shall submit the following information: 1.A detailed master antenna plan, clearly indicating the location of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, and other information deemed necessary by the Director. 2.A legal description of the property and leased land, if applicable. 3.The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and un-platted residentially zoned properties. 4.The separation distance from other towers shown on an updated site plan or map. 5.A landscape plan showing specific landscape materials. 6.Method of fencing and finished color and, if applicable, the method of camouflage and illumination. The required information was provided as part of the SUP application submitted by the applicant in the form of a site plan, project narrative or described in the applicant’s response letter (see Exhibit 5,7 &8). Pursuant to Section 35.12.8.4.D of the DDC, security fencing shall be installed by a wrought iron or steel chain link fence with evergreen hedge, or a masonry wall, each not less than 6 feet in height. The exterior of equipment buildings and/or metal equipment cabinets visible from residential areas or public rights-of-way must have a neutral aggregate finish or be painted to reflect the color and character of adjoining structures or blend with adjacent landscaping and other surroundings. There are two security gate fences on the property. According to the applicant, it is a requirement of the Federal government to provide a security gate and fence on the property. Pursuant to Section 35.12.8.4.E, all telecommunication towers as well as guys and guy anchors shall be located within the buildable area of the lot and not within the front, rear, or side yard building setbacks. Telecommunication towers in excess of 400 feet in height shall be set back a minimum of 2,600 feet from the right-of-way of all controlled access federal and state roadways designated as freeways to provide unobstructed flight paths for helicopters. The proposed telecommunication tower is located within the buildable area of the lot. In addition, the proposed telecommunications tower does not exceed 400 feet. Pursuant to Section 35.12.8.4.G, except as otherwise permitted in this ordinance, no signals, lights, or illumination of any kind shall be permitted on or directed toward any tower unless required by the FCC, the FAA, or other appropriate public authority. According to the applicant, all signals, lights, or illuminationrequirements by the FCC, the FAA, or other appropriate public authority will be met. Pursuant to Section 35.12.8.5.B, except as provided in Section 35.12.8.7, telecommunications towers are not permitted in any residential zoning district and must be a minimum of a 3 to 1 distance to height ratio from a single family residential use and 1 to 1 distance to height ratio from a multifamily use. The closest single-family residential use is approximately 518 feet away from the proposed telecommunications tower. There is no multi-family use within close proximity of the proposed telecommunications tower. Pursuant to Section 35.12.8.5.E. any new telecommunications tower in excess of 180 feet in height must be located a minimum of 1 mile from any existing tower in excess of 180 feet in height. The proposed telecommunications tower does not exceed 180 feet Pursuant to Section 35.6.4 of the DDC, an SUP may be granted if the proposed use conforms (or can be made to conform through the use of conditions) to the standards established in the IC-G zoning district. Section 35.6.4.B of the DDC also provides standards by which an SUP is granted. Below are staff analyses of these standards: B. A specific permit shall be issued only if all of the following conditions have been met: 1.That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; Granting this SUP would not be injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. Currently, the closest residential facility to the site is approximately 518 feet. Beside this residential building, there are no residential properties within the immediate vicinity of the site. Per Section 35.12.8.5 of the DDC, the proposed communication tower is required to be setback a minimum of a 3 to 1 distance to height ratio from a single family residential use. The proposed tower is 165 feet in height. This height conforms to the 3 to 1 height ratio. 2.That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Granting the SUP would not impede the normal and orderly development of the surrounding undeveloped property. Immediate property to south, east and west are undeveloped. The property located to the northeast is developed for a single family home. However, this property is located about 518 feet from the telecommunications tower. It is staff determination that approval of this SUP should not deter further development of the surrounding property. 3.That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The DRC has reviewed this proposed project and have determined that adequate utilities, access road, drainage, and other necessary supporting facilities have been or will be provided. 4.The design, location and arrangement of all driveways and parkin the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The design, location and arrangements of the driveway will not adversely affect the general public or adjacent development. Currently, the site has one (1) driveway entrance onto McKinney Street. The DRC has reviewed this vehicular access and have determined it is adequate to provide access to the occasional maintenance that may be required. In addition, the access is paved and currently used by Atmos energy to access existing gas well storage tanks and operational facilities on the site. 5.That adequate nuisance prevention measures have been or will be control offensive odor, fumes, dust, noise and vibration; Except during the initial construction of the tower, dust, noise, and vibration should not occur on this site beyond existing gas well operations already conducted on the site. Section 20 of the City’s Nuisance Code Ordinance regulates dust, noise, and odor control during constructions. Operations on the site shall be required to conform to these requirements. 6.That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. Any proposed lighting shall comply with the standards and regulations of Section 35.13.12 of the DDC, which limits the illumination of light onto adjacent property. In addition, Section 35.12.8.4. of the DDC regulates lighting on telecommunication towers. These standards shall be strictly adhered to. 7.That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The request is for the installation of a telecommunication tower of 165 feet in height. Section 35.12.8.4.D of the DDC requires a security fence with evergreen hedge around the tower. Staff is recommending a condition approval for construction of evergreen hedge around the tower. C.That adequate capacity of infrastructure can and will be provided to and through the subject property. The DRC has reviewed this request and determined that adequate capacity of infrastructure will be provided to support the subject request. D.That the Special Use is compatible with and will not have an adv surrounding area. When evaluating the effect of the proposed us the following factors shall be considered in relation to the tar 1.Similarity in scale, bulk, and coverage. There is existing gas wells operation on the property. The current operations are larger in scale, bulk and coverage to the proposed telecommunications tower. In addition, the properties to the north, south, and east are vacant. Except occasional inspection and maintenance of the tower, activities that will be generated by constructing the telecommunication tower will be minimal and should not adversely affect the surrounding uses. 2.Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Staff does not anticipate increase in vehicular traffic via the granting of this requested SUP. There may be occasional truck traffic during re-work of the site. However, noise generating from vehicular traffic should not be different from current existing vehicular traffic on the site as a result of current gas well operations. 3.Architectural compatibility with the impact area. Visible elevated structures on the site are part of an existing central procession operating facility located to the south of the site. There are no similar structures of the same height in close proximity to the site. 4.Air quality, including the generation of dust, odors, or other environmental pollutants. The proposed telecommunications tower will not emit odor, fumes, dust, noise and vibration. 5.Generation of noise, light, and glare. The proposed telecommunication tower will not generate any additional noise, light and glare. In addition, development or operation of activities on the site shall be required to comply with Sections 35.12.11 of the DDC. This Section of the DDC regulates noise, light and glare emanating from property. 6.The development of adjacent properties as envisioned in The Dent Future land use designation of the property to the west, south, and immediate north is Industrial Center. Per the Denton Plan, “Industrial Centers” future land use areas 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. The property to the east is Neighborhood Center, Per the Denton Plan these areas are to be developed in conventional patterns or may be developed in a pattern of ‘neighborhood centers’. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shop, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. 7.Other factors found to be relevant to satisfy the requirements of this Chapter. The DRC has considered factors necessary for approval of this site and have applied appropriate conditions of approval. Findings of Fact 1.The request is a Specific Use Permit to allow construction of 16 telecommunication tower on 6.88 acres. The site is currently developed for gas well storage and processing facilities. 2.The site is within the Industrial Center Future Land Use District. 3.Per Element 3 of the Denton Plan, Industrial Centers future land use areas 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 a convenience child-care centers. 4.Most of the surrounding uses to the site are vacant. Adjacent uses to the immediate north and east are vacant. The property to the south and west are deve of Atmos Energy gas storage and processing facility. 5.The closest residential facility to the proposed location of the telecommunication tower is approximately 518 feet. 6.The subject site is not located within a Historic or Conservation district. 7.The subject site has vehicular access to McKinney Street. McKinney Street is classified as Primary Arterial per the City of Denton Mobility Plan. 8.The anticipated transportation demand for this development is very minimal once the telecommunication tower is constructed and operating. 9.This site is currently served by the City of Denton water and se construction of the tower, there are no water or wastewater demands for this use. 10.According to the City of Denton Fire Department, this property is serviced by the Citys Fire Station #2, located at 2209 East McKinney Street. Development Review Committee Based on the information provided by the applicant and a recent site visit, the Development IS CONSISTENT Review Committee finds that with the recommended conditions, the request IS CONSISTENT with the surrounding land uses and general character of the area, with the IS CONSISTENT Denton Plan, and with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends approval of S13-0008, with conditions: CONDITIONS OF APPROVAL: 1.The site plan as submitted and shown in Exhibit 7 shall guide the development of the telecommunication tower on the subject site. 2.The elevations plan submitted and show in Exhibit 8 shall guide development of the tower. The tower shall not exceed 165 feet in height as shown in the elevation plan. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequen application review process, which are on file with the City of D upon the applicant, provided such comments are not at variance w Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: ETJ:ETJ:NRMU-12: VacantVacant.Vacant/Residential Strucuture West: East: Subject Property: RD-5X: NR-4: IC-G Vacant/Gas WellsVacant Gas Well Drilling Operations Southwest: South: Southeast: RD-5X: RD-5X NR-4: VacantVacant Gas Well Drilling Operations Source: City of Denton Geographical Information System and site visit by City staff Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies: The subject site is located in the “Industrial Centers” future land use designation. Per the Land Use Element of the Denton Plan, “Industrial Centers” future land use areas 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 a convenience shopping and child-care centers. Staff finds the location of the proposed telecommunication tower consistent with the existing development patterns of the surrounding area. Immediate surrounding properties to the site are developed for gas well storage and processing operations. The closest residential development is approximately 518 feet. Besides this residential structure, there are no residents in close proximity to the site. B.Land Use Analysis: Staff finds this request with recommended conditions of approval compatible with the surrounding land uses. Nearest Elementary, Middle, and High School This request is for a telecommunication tower. Therefore, the development will not produce any elementary, middle or high school students, and will not impact the associated Independent School District. Nearest Fire and EMS Station Approximate Distance From Name of Station Subject Property Fire Station #2, 2209 East ± 2.4 miles McKinney Street Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: The request is for construction of a telecommunications tower, there are no water or wastewater demands associated with the use. B. Available Capacity: The request is for construction of a telecommunications tower, there are no water or wastewater demands associated with the use. C.CIP Planned Improvements : There are no planned CIP water mains or sewer main projects along McKinney Street in this area. Roadways/Transportation Network: The request will result in diminimus traffic demand upon completion. A. Available Capacity: The street serving the subject site has adequate capacity. B. Roadway Conditions: McKinney Street is an asphalt pavement street that is in fair condition. McKinney Street is also owned and maintained by TXDOT. C. CIP Planned Improvements: McKinney Street is a TXDOT right-of-way. The City of Denton has no CIP project for this road. Environmental Conditions: There are no Environmental Sensitive Areas (ESAs) on this site. Wells (Public/Private): No public or private portable water wells are proposed for the site. Airports: The subject site is not within the boundaries of the Denton Municipal Airport Overlay District. Electric: No comment Park Facilities: No comment Exhibit5 LetterfromApplicant PROJECT NARRATIVE S13-0008 Atmos Energy’sLake Dallas Natural Gas Storage Application Specific Use Permit(SUP) for Communications Tower(190 ft.) Specific Use Permit o o o o o o Exhibit8 Elevation 165.0 ft DESIGNED APPURTENANCE LOADING Lightning RodSide Mount2.5' x 2.5' PanelSide Mount2.5' x 2.5' PanelSide Mount2.5' x 2.5' PanelSide Mount2' x 2' PanelSide Mount2' x 2' PanelL-864 Beacon165100100100100100100165165165165165 160.0 ft TYPEELEVATIONTYPEELEVATION Lightning Rod1652.5' x 2.5' Panel100 L-864 Beacon165Side Mount100 2' x 2' Panel1652.5' x 2.5' Panel100 Side Mount165Side Mount100 2' x 2' Panel1652.5' x 2.5' Panel100 Side Mount165Side Mount100 140.0 ft SYMBOL LIST MARKSIZEMARKSIZE AL1 3/4x1 3/4x1/8 MATERIAL STRENGTH GRADEFyFuGRADEFyFu A529-5050 ksi65 ksi 120.0 ft TOWER DESIGN NOTES 1.Tower is located in Denton County, Texas. 2.Tower designed for Exposure C to the TIA-222-G Standard. 3.Tower designed for a 90 mph basic wind in accordance with the TIA-222-G Standard. 4.Tower is also designed for a 30 mph basic wind with 0.75 in ice. Ice is considered to increase in thickness with height. 5.Deflections are based upon a 60 mph wind. 6.Tower Structure Class II. 7.Topographic Category 1 with Crest Height of 0.00 ft 100.0 ft 8.Connections use galvanized A325 bolts, nuts and locking devices. Installation per TIA/EIA-222 and AISC Specifications. 9.Tower members are "hot dipped" galvanized in accordance with ASTM A123 and ASTM A153 Standards. 10.This preliminary tower design is based on the provided antenna loading and the above wind and ice requirements. This design requires a professional seal from an engineer in the state where the tower will be erected. 11.TOWER RATING: 96.6% 80.0 ft 60.0 ft ALL REACTIONS ARE FACTORED MAX. CORNER REACTIONS AT BASE: DOWN: 131793 lb SHEAR: 9457 lb 40.0 ft UPLIFT: -111651 lb SHEAR: 8245 lb AXIAL 43859 lb SHEARMOMENT 2055 lb187925 lb-ft 20.0 ft TORQUE 215 lb-ft 30 mph WIND - 0.7500 in ICE AXIAL 16557 lb SHEARMOMENT 15460 lb1312350 lb-ft 0.0 ft TORQUE 2174 lb-ft REACTIONS - 90 mph WIND Daley Tower Service, Inc. Job: Preliminary Design Project: 1223 West Gloria Switch Road 165' SST Denton Site, TX Client: Drawn by: App'd: Matt Carencro, Louisiana 70520 Code: Date: Scale: TIA-222-G 02/19/14NTS Phone: (337) 896-6719 Path: Dwg No. FAX: (337) 896-6070 E-1 S:\Jobs\2014\14100 (2014 Daley Tower Consulting)\02-14\165' SST Denton Site, TX\Calculations\Tower\165' SST Denston Site, TX Preliminary.eri Atmos Pipeline Texas EXHIBIT 7 - REVISED 20-February-2014 City of Denton Project S13-0008 Exhibit 10 Planning and Zoning Commission, June 11, 2014, Meeting Minutes B.Hold a public hearing and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow the installation of a telecommunications tower on a property located in an Industrial Center General (IC-G) zoning and use district on approximately 6.88 acres. The subject property is generally located south of McKinney Street, approximately 1700 feet west of Trinity Road. (S13-0008, Atmos Energy Tower, Nana Appiah) Lockley introduced Appiah. Appiah stated the entire site is being used by Atmos Energy for their gas well storage. The reason for the communication tower is to facilitate the information back and forth in case there is an issue with the telephone lines. This is their efficient source of communication. Site plan provided with the location of the tower. Appiah provided a site plan and site photos indicating where the communications tower would be placed on the site. There is nothing within the immediate vicinity of the site besides a house. Staff sent out three Public Hearing notices to property owners within 200 feet of the subject site, and three courtesy notices to property owner within 500 feet of the subject site. At this time staff has not received any returned responses. A neighborhood meeting was held on May 27, 2014, there was no one that attended the meeting. The Development Review Committee recommends approval of this request, based on the following conditions: 1. The site plan as submitted and shown as Exhibit 7 of the staff report shall guide the development of the telecommunication tower on the subject site. 2. The elevations plan submitted and shown as Exhibit 8 of the staff report shall guide development of the tower. The tower shall not exceed 165 feet in height as shown in the elevation plan. 3. The applicant shall construct evergreen hedge of six feet in height around perimeter ofthe telecommunication tower. Appiah stated the third comment has been struck through since this is a basic requirement of the Denton Development Code. This condition doesn’t have to be put as a condition, it has to be met. Jeff Hardgrave, Atmos Energy, 5420 LBJ Expressway, Dallas, Texas. Hardgrave stated the facility has been in operation since 1967. The site regulates from state, federal, and the Texas Railroad Commission requirements. The facility stores gas in depleted strewn sand formation approximately 2,800 feet below the surface level, and covers approximately over 2.5 square mile area. The facility takes the excess natural gas from the pipeline system and stores for peak demand periods. On the coldest winter days it provides natural gas. There were no questions for the applicant. Reece opened the Public Hearing. There was no one to speak on this item. Reece closed the Public Hearing. Commissioner Brian Bentley motioned, Commissioner Frank Conner seconded to approve this request based on staff’s conditions. Motion approved (6-0). Exhibit11 Ordinance City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0349 Version:1 Name: Type:Action Item Status:Agenda Ready File created:7/1/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Hold a public hearing and consider adoption of an ordinance of t Texas, amending Chapter 16, licenses, permits, and business reg of the City of Denton, Texas, by adding a new Article VII, proh providing that hydraulic fracturing operations are prohibited in providing a repealer clause; providing a severability clause; pr publication and an effective date. Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Legal CM/ ACM:Anita Burgess, City Attorney Date:July 15, 2014 SUBJECT HoldapublichearingandconsideradoptionofanordinanceoftheCityCounciloftheCityofDenton,Texas, amendingChapter16,licenses,permits,andbusinessregulation,oftheCodeofOrdinancesoftheCityof Denton,Texas,byaddinganewArticleVII,prohibitionofhydraulicfracturing,generallyprovidingthat hydraulicfracturingoperationsareprohibitedintheCityofDenton;makingfindings;providingarepealer clause;providingaseverabilityclause;providingforapenalty;andprovidingforpublicationandaneffective date. BACKGROUND OnMay7,2014,membersofaCommitteeofPetitionerssubmittedaninitiativepetitionregardingthebanning, withinthecorporatelimitsoftheCityofDenton,Texas,hydraulicfracturing,awellstimulationprocess involvingtheuseofwater,sandandchemicaladditivespumpedunderhighpressuretofracturesubsurfacenon- porousrockformationssuchasshaletoimprovetheflowofnaturalgas,oilorotherhydrocarbonsintothewell, with subsequent high rate, extended flowback to expel fracture f TheCitySecretarydeterminedthepetitiontobesufficientandfurthercertifiedittobeincompliancewiththe City Charter at the City Council meeting of June 3, 2014. City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0349,Version:1 The City Charter, Section 4.07 provides, in pertinent part, as f Wheneverthecouncilreceivesacertifiedinitiative...petitionfromthecitysecretary,itshall proceedatoncetoconsidersuchpetition.Aproposedinitiativeordinanceshallbereadand provisionshallbemadeforapublichearingupontheproposedordinance.Thecouncilshalltake finalactionontheordinancewithinsixty(60)daysafterthedateonwhichsuchordinancewas certified to the council by the city secretary. . . . The City Charter, Section 4.08 provides, in pertinent part, as f Ifthecouncilshallfailtopassanordinanceproposedbyinitiativepetition,orshallpassitina formdifferentfromthatsetforthinthepetitiontherefor,...theproposed...ordinanceshallbe submitted to the electors . . . . TheinitiativeordinanceproposingtobanhydraulicfracturingintheCityistimelybeforetheCityCouncilfor consideration.NoticeoftheCityCouncilsconsiderationoftheproposedordinancewaspublishedina newspaperofgeneralcirculation.ShouldtheCouncilelecttonotpasstheinitiativeordinanceorifCouncil electstopasstheordinanceinaformdifferentfromthatproposedbythepetitioners,thentheCityCouncil wouldneedtocallanelectionforthemattertobeconsideredbythevoters.Anelectionordinancefollowsthis item on the agenda in order to provide the City Council with a f EXHIBITS Initiative Ordinance Proposed by Petitioners Respectfully submitted: Anita Burgess City Attorney Prepared by: Toni Reedy Legal Secretary City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Details (With Text) File #:ID 14-0350 Version:1 Name: Type:Ordinance Status:Agenda Ready File created:7/1/2014 In control:City Council On agenda:7/15/2014 Final action: Title:Consider adoption of an ordinance ordering an election to be hel November 4, 2014, for the purpose of determining whether to adop of the City of Denton, Texas, amending Chapter 16, licenses, pe the Code of Ordinances of the City of Denton, Texas, by adding a hydraulic fracturing, generally providing that hydraulic fractu of Denton; making findings; providing a repealer clause; providi a penalty; and providing for publication and an effective date. Sponsors: Indexes: Code sections: Attachments:Exhibit 1 - Email from Secretary of State Exhibit 2 - Ordinance DateVer.Action ByActionResult Agenda Information Sheet DEPARTMENT:Legal Department CM/ ACM:Anita Burgess, City Attorney Date:July 15, 2014 SUBJECT ConsideradoptionofanordinanceorderinganelectiontobeheldintheCityofDenton,Texas,onNovember 4,2014,forthepurposeofdeterminingwhethertoadoptanordinanceoftheCityCounciloftheCityof Denton,Texas,amendingChapter16,licenses,permits,andbusinessregulation,oftheCodeofOrdinances oftheCityofDenton,Texas,byaddinganewArticleVII,prohibitionofhydraulicfracturing,generally providingthathydraulicfracturingoperationsareprohibitedintheCityofDenton;makingfindings;providing arepealerclause;providingaseverabilityclause;providingforapenalty;andprovidingforpublicationandan effective date. BACKGROUND OnMay7,2014,membersofaCommitteeofPetitionerssubmittedaninitiativepetition,withanOrdinancethe petitionersdesiredtoinitiateattached,regardingthebanningofhydraulicfracturingintheCityofDentontothe CitySecretary.TheCitySecretarydeterminedthepetitiontobesufficientandfurthercertifiedittobein compliancewiththeCityCharterattheCityCouncilmeetingofJune3,2014.TheCityCounciloftheCityof Denton considered the proffered initiative ordinance at its meet City of DentonPage 1 of 2Printed on 7/11/2014 powered by Legistar" File #:ID 14-0350,Version:1 The Denton City Charter, Section 4.08 provides, in pertinent par Ifthecouncilshallfailtopassanordinanceproposedbyinitiativepetition,orshallpassitina formdifferentfromthatsetforthinthepetitiontherefor...,theproposed...ordinanceshallbe submittedtotheelectorsnotlessthanthirty(30)daysnormorethansixty(60)daysfromthe datethecounciltakesitsfinalvotethereon.Ifnoregularelectionistobeheldwithinsuch period the council shall provide for a special election. TheportionoftheDentonCityChartercallingforanelectionnotlessthan30daysnormorethan60daysfrom thedateoffinalcouncilvoteontheordinanceispreemptedbystatelawwhichsetsuniformelectiondates. ElectionCodeSections41.001and41.004.CitystaffconfirmedwiththeElectionsDivisionoftheOfficeof theTexasSecretaryofStatethatthisisthecasepertheattachede-mailfromCarolineGeppert,StaffAttorney for the Elections Division. Therefore, the election on the initiative ordinance must occur on the next TheDentonCityCharterSection4.09requirestheCityAttorneytosetforththeballottitleandpropositionina clear,concisestatementwithoutargumentorprejudice,descriptiveofthesubstanceoftheinitiativeordinance. ThelanguagechosenbytheCityAttorneymaybedifferentfromthelanguageoftheinitiativeordinance,butis required to meet the stated standard. EXHIBITS 1. Email from Caroline Geppert, Staff Attorney for the Election 2. Proposed Election Ordinance. Respectfully submitted: Anita Burgess City Attorney Prepared by: Toni Reedy Legal Secretary City of DentonPage 2 of 2Printed on 7/11/2014 powered by Legistar" Exhibit A CIN OF DENTON, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CIN OF DENTON, TEXAS, AMENDING CHAPTER 16, "LICENSES, PERMITS AND BUSINESS REGULATION;' OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING A NEW ARTICLE VII, "PROHIBITION OF HYDRAUIJC FRACTURING;' GENERALIY PROVIDING THAT HYDRAULIC FRACTURING OPERATIONS ARE PROHIBITED IN THE CITY OF DENTON; MAKING FINOINGS; PROVIOING A REPEAIER CLAUSE; PROVIDING A SEVERA8ILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR PUBUCATION AND AN EFFECTIVE DATE. WHEREAS, as a Texas home-rule municipaliry pursuant to Article II, Section 5, of the Texas ConstiWtion, the City of Denton, Texas ("City"), may enad regutations not inconsistent with the general lawa of the State of Texas in the interest of the health, safety and welfare of the citizens of the City; and WHEREAS, natural gas drilling and production operations in general involve or otherwise Impact the City's environment, infrastruclure and relatad public health, welfare and safety matters, including but not limited to noise issues, road repair issues due to use of heavy equipment, site securiry and signage Isauas, issues related to operating hours, vendng of gas, fire suppression issues, lighting issues, containment systems, hazardous materials management, spill issues, operator insurance issues, environmental impairment matters and other regulatory issues; and WHEREAS, there Is an abundance of reports, studies, infortnation and data about tha eHects of natural gas drilling on public health, welfare and safely, some of which reports, studies, infortnaUon and data are conVadidory, and due to such, many of the City's residents have undertaken extensive study to determine what, if any, effects natural gas drilling may have on the public heatth, welfare end safery of Oenton and its residents; and WHEREAS, the well stimulation process known as hydraulic fracturing is used to extract oil, gas, and other hydrocarbons through the underground injection o( water, gels, acids or gases, sands or other proppanls along with chemical additives, many of which chemicals are known to be toxic; and WHEREAS, during hydraulic fracturing, chemicals and waste fluid pumped into such wells may be introducad into and could contaminate drinking water aquifers; and WHEREAS, it is the purpose of this Ordinance to proted the public health, safery end welfare, the environment, and property valuas by prohibiting hydraulic freduring within the City oi Denton, Texas; end WHEREAS, this Ordinance is enaded pursuant lo the right of tha residents o( the City of Denton to govem their own community, specifcally wilh regard to tha well stimulation process known as hydraulic fraduring, as referenced in this Ordinance; and WHEREAS, the citizens of Denton are seeking to protect themselves from the dangers associated with hydraulic fracturing, including ground and surface water contamination, air pollution, property devaluation, and other threats to the public safety, health, and welfare; and WHEREAS, more than ten years of experience has proved ihat meaningful limitations conceming hydraulic fracturing, along with other land use provisions, are ineNective for a variety of reasons, inGuding both legal and regulatory; and WHEREAS, the citizens of Denton recognize that their shared values of environmental and economic sustainability and a commitment to renewable fortns of energy cannot be achieved if these goals are routinely thwarted by oil and natural gas producers and corporations; and WH�REAS, it is n�+ither �n intc�rit nor thR purpose; ot ihis Uimnance� to ruzone property and/or otherwisa engage in land use regulation authorized by Chaptar 211 of tha Taxas Local Govarnment Code, as amended; rather, it is the Intent ot this �Ordinanca lo regulata certain aspacls of buainess operalions that impact the public safaty, health, and welfare; and WHEREAS, the citizena o( Denton believe that the protaction of the Ciry's residents, nelghborhoods, community integrity, and the natural environment �s an appropriate purpose for the adoption of this Ordinance and as such, the City is legally authorized to adopt this Ordinance pursuant to Rs police powers. NOW, THEREFORE, 8E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, TNAT: EC I N 1 The matters and tacts recited in the preamble to this Ordinance are hereby found and determined to be true and corzed and incorporated herein by reference as if fully set forth herein. SECTION 2 From end efter the effective date of this Ordinance, Chapter 16, "Licenses, Pertnits and Business Reguiation," of the Code of Ordinances of tha City of Denton, Texas, is hereby amended by adding a new Article VII, "Prohibition of Hydraulic Fracturing," to read as follows: "ARTICLE VII PROHIBITION OF HYDRAULIC FRACTURING Sec.14.200. DefiniUonc. The following words, tertns and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where tha context clearly indicates a different meaning: F/uid maans any matenal or substance which flows or moves whether in semi- solid, liquid, sludge, gas, or any other form or state. Gas means all natural gas, whether hydrocarbon or non-hydrocarbon, including hydrogen sulflde, helium, carbon dioxide, nitrogen, hydrogen, casinghead gas, and all other fluid hydrocarbons not defined as oil. Hydrnulic /rectunng means the process of directing pressurized fluids containing any combination of water, proppant, end any added chemicals to penetrate tight formaUons, such as shale or coal formations, that subsequently require high rate, eMended ilowback to expel fracture fluids and solids during compietions. Oil means cruda petroleum, oil, and all hydrocarbons, regardless of apecific gravity, that are in the liquid phase in the reservoir and are produced at the wellhead in liquid form. Oil and gas means both oil and gas, or either oil or gas, as the context may require to give effect to the purposes of this aRicle. Person means any person, firtn, association of persons, company, corporation, or their agents, servants, or employees. Sec.14.201 Prohibftion of Hydraulic FracWring. It shall be unlawful for any person lo engage in hydraulic fracturing within the corporate limits of the City, Sec.14.202 Penalty. The violation of or noncompliance with this article by any person, firm, association of persons, company, corporation, or their agents, servants, or employees shall be punishable as e misdemeanor and upon convic[ion, such person, frm, association, company, corporation or thelr agents, servants or employees shall be fned a sum not lass than one dollar ($1.00) but shall not exceed two thousand dollars ($2,000.00), and each day a�y violation or noncompliance continues shall constiWte a separate and distinct offense." SECTION 3 All ordinances, orders or resolutions heretofore passed and adopted by the City Council of the City of Denton, Texas, are hareby repealed to the eMent ihat said ordinances, resolutions, or parts thereof, are in conFlict herewith. SFLCTION 4 If any section, subsectio�, clause, phrasa or provision of this Ordinance, or the application thereof to any person or circumstance, shall to any eMent be held by a court of competent jurisdiction to be invalid, void or unconstitutional, the ramaining sections, subsections, clauses, phrases and provisions of this Ordinance, or the applicalion thereof to any person or circumstance, ahall remain in full (orce and effect and ahall in no way be affected, impaired or Invalidated. SEGTION 5 Any p��on, firm or corporation violatinn 3:iY nf the provi:;ions or terms o` !his Ordinance shall be deemed guitty ot a misdemeanor and, upon convicGon, shall be punished pursuant to the provisions containad in Section 7�1,202 of the Code of Ordinances of the City of Denton, Texas, as amended. SECTION 8 This Ordinance shall be in full force and effect from and after its passage and publication as provided by law, and it is ao ordained.