HomeMy WebLinkAboutAugust 12, 2014 AgendaTuesday, August 12, 2014
City of Denton
Meeting Agenda
City Council
3:00 PM
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Work Session Room
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene
in a Work Session on Tuesday, August 12, 2014 at 3:00 p.m. in the Council Work Session Room at
City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:
1. Work Session Reports
A. ID 14 -0369 Receive a report, hold a discussion, and give staff direction regarding the 2014 -15
Proposed Budget, Capital Improvement Program and Five -Year Financial Forecast.
Attachments: Exhibit 1 - Budget Discussion Memorandum FY14 -15
Following the completion of the Work Session, the City Council will convene in a Special Called
Meeting at which the following items will be considered:
1. Items for Individual Consideration
A. ID 14 -0373 Consider adoption of an ordinance of the City Council of the City of Denton, Texas,
calling an election to be held on November 4, 2014, within said city on the question
of the issuance of $98,175,000 in ad valorem tax supported public securities for
streets, public safety, drainage and parks; making provision for the conduct of the
election; and containing other provisions incidental thereto; and declaring an
effective date.
Attachments: Exhibit 1 - Summary of Recommended Projects
Exhibit 2 - Bond Election Ordinance
B. ID 14 -0424 Consider adoption of an ordinance declaring certain Real Property consisting of a
1.6598 +/- acres and being a portion of North Lakes Park owned, held, or claimed
by the City of Denton, Texas as a Park as excess property; ordering an election to be
held in the City of Denton, Texas, on November 4, 2014, for the purpose of
determining; making findings; providing a repealer clause; providing a severability
clause; providing for a penalty; and providing for publication and an effective date.
Attachments: Exhibit 1 - Location Map
Exhibit 2 - Ordinance
C. ID 14 -0421 Consider approval of a resolution creating an ad hoc City Council committee to
interface with the Historic Landmark Commission and review the operations,
procedures, powers, duties, policies and regulations related to historic landmark
preservation and historic districts in the City of Denton, Texas and to advise the
City Council with regard to these matters; and providing an effective date.
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City Council Meeting Agenda August 12, 2014
Attachments: Exhibit 1 - Ordinance No 80 -030
Exhibit 2 - National Registry of Historic Places
Exhibit 3 - Resolution
D. 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.
Following the completion of the Special Called Meeting, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting section
of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its
Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as
otherwise allowed by law.
1. Closed Meeting:
A. ID 14 -0400 Certain Public Power Utilities: Competitive Matters - Under Texas Government
Code Section 551.086.
Receive competitive public
power
information and competitive
financial
information from staff in the
form of
a proposed operating
budget for Denton
Municipal Electric ( "DME ")
for FY
2014 -2015, including
without
limitation,
revenues, expenses, commodity
volumes,
and commitments; and
discuss,
deliberate,
consider adoption of the budget
and other matters, and provide
staff with
direction
regarding such matters.
B. ID 14 -0427 Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consult with City's attorneys regarding legal rights, restrictions, and obligations
under Texas law, associated with overlapping extraterritorial jurisdictions claimed
by municipalities neighboring the City of Denton, Texas, as well as possible
negotiated resolutions of such matters, where a public discussion of such legal
matters would conflict with the duty of the City's attorneys to the City of Denton,
Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas, and where such matters may become an issue in potential litigation.
C. ID 14 -0454 Consultation with Attorney's - Under Texas Government Code, Section 551.071.
Consult with and provide direction to City's attorneys regarding legal issues and
City ofDenton Page 2 Printed on 81812014
City Council Meeting Agenda August 12, 2014
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 authority regulatory
authority; statutory preemption and vested rights; 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; settlement
matters concerning gas well drilling in the City; surface development issues
involving surface and mineral estates; 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.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE
WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC
POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A
CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE,
§551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN
MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING
ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071- 551.086 OF THE
TEXAS OPEN MEETINGS ACT.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the day of , 2014 at o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED
AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE
CITY SECRETARY'S OFFICE AT 349 -8309 OR USE TELECOMMUNICATIONS DEVICES FOR
THE DEAF (TDD) BY CALLING 1- 800 - RELAY -TX SO THAT A SIGN LANGUAGE
INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
City ofDenton Page 3 Printed on 81812014
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
l l EN ",I N
Legislation Text
File #: ID 14 -0369, Version: 1
Agenda Information Sheet
DEPARTMENT: Finance
ACM: Bryan Langley
Date: August 12, 2014
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the 2014 -15 Proposed Budget, Capital
Improvement Program and Five -Year Financial Forecast.
BACKGROUND
The FY 2014 -15 City Manager's Proposed Budget was submitted to the Council on July 25, 2014. Staff
provided the City Council with a comprehensive overview of the proposed budget at a Budget Work Session on
July 31, 2014. In addition, the City Council held a work session on the proposed budget on August 5, 2014.
During these meetings, the City Council asked a number of questions and requested a variety of information
concerning the proposed budget. The purpose of this agenda item is to provide the City Council with answers to
these discussions regarding the proposed budget and allow additional opportunity for questions and dialogue.
In response to these requests, staff has prepared the attached memorandum (Exhibit 1) that summarizes the
requests we received and the responses that we have been able to compile.
The purpose of this agenda item is to provide the City Council with an additional opportunity for questions and
dialogue.
Below is the schedule we will follow to adopt the budget and tax rate:
August 19 Public Hearing on Proposed Budget
1" Public Hearing on Tax Rate
September 9 2nd Public Hearing on Tax Rate
September 16 City Council Adopts Budget and Tax Rate
I look forward to discussing the budget materials in detail with you. If you have any questions, or need
additional information, please let me know.
EXHIBIT
1. Budget Discussion Memorandum
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File M ID 14 -0369, Version: 1
Respectfully Submitted:
Chuck Springer, 349 -8260
Director of Finance
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Exhibit 1
MEMORANDUM
DATE: August 12, 2014
TO: Honorable Mayor and Members of the City Council
FROM: Chuck Springer, Director of Finance
SUBJECT: City Council Budget Workshop Questions and Responses
Information regarding the FY 2014 -15 Proposed Budget and Five Year Forecast was presented
to the City Council on July 31. Below is a summary of the questions and requests, from the City
Council as I understand them, and the responses compiled to date. For the items that require
further research, we will provide additional information at a future City Council meeting.
1. Please schedule a work session on setting a new Overall Conditions Index (OCI)
goal, including discussion of benchmarking information from other cities and how
the G.O. bond election program will impact the need for a Street Maintenance Fee.
A work session concerning this topic will be scheduled in conjunction with the planned
OCI study.
2. Please submit a report of the timeline between permit application to Certificate of
Occupancy? Please benchmark against national averages.
The staff will provide this information in a future informal report as soon as it is
available.
3. Please provide results of the most recent salary survey.
Staff responses will be provided for the August 19th Council meeting.
4. Please provide information on how much the City saves by being self insured.
Staff responses will be provided for the August 19th Council meeting.
5. Please schedule a work session on reviewing the use of Tree Preservation Funds.
This item will be discussed during the August 19th Council meeting.
6. Please provide the proposed Bicycle & Pedestrian Coordinator major job duties.
Staff responses will be provided for the August 19th Council meeting.
Question and Answer Memorandum
August 12, 2014
Page 2 of 5
7. Please provide information on why we need to archive social media.
In the last legislative session, Senate Bill 1368 changed the definition of "Public
Information" to include social media communications. To comply with requirements of
the Public Information Act, the City must be able to search and retrieve these
communications. Archives of these communications are currently available for public
consumption on social media platforms, but these platforms change regularly with little
or no notice to users. In consultation with the City Attorney's office, staff recommends
the purchase of a turn -key archival process for the City's entire portfolio of social media
efforts.
8. Please provide information concerning creating a City wide Economic Development
Fund, or repurposing of the Downtown Reinvestment Fund.
The City Council passed an ordinance on September 17, 2013 establishing the Downtown
Reinvestment Fund which commits $100,000 annually of mixed beverage taxes from the
General Fund. The purpose of this fund is to account for "grants" provided to downtown
businesses in accordance with the City's Downtown Reinvestment Grant Program.
The Economic Development Partnership Board (EDPB) and the City Council conducted
a planning retreat and are in the process of developing a strategic action plan. As such,
the City Council may wish to discuss this further with the EDPB and provide direction
once this plan is approved.
9. Please provide an update on the Neighborhood Improvement Grant program and
Better Block program.
Staff responses will be provided for the August 191h Council meeting.
10. Please address the possible coordination and /or scheduling that may be required to
provide inspections at the same time to generate efficiencies.
The staff will provide this information in a future informal report as soon as it is
available.
11. Please provide a financial forecast for the Airport Fund.
Staff responses will be provided for the August 191h Council meeting.
Question and Answer Memorandum
August 12, 2014
Page 3 of 5
12. Please provide information on sidewalk and ADA master plans, including funding
levels.
In reviewing the Bike Plan Mapping, Engineering staff felt similar mapping for the
Sidewalk/Pedestrian Program was also needed in order to better identify priority
pedestrian connections and repairs that should be pursued by the City. This mapping also
seemed to be a good product for preparing to prioritize funding proposed ($2 million) in
the 2014 Bond Program for the Miscellaneous Sidewalk Project, if the program is moved
forward by the Council and approved by referendum. Engineering staff reported this
initiative to the Council's Mobility Committee at their June 24, 2014 meeting.
Engineering staff are currently reviewing potential methods for mapping and evaluating
sidewalks within the City. They plan to prepare a basic map which shows sidewalk
location, type of construction material, width, general condition (e.g., poor, fair, good and
excellent), and ADA curb ramp status with general condition. This field mapping and
evaluation may be able to be combined economically with the Street OCI Survey being
budgeted for FY 2014 -15; Streets is checking into that possibility at this time.
Engineering continues to research other alternative methods of performing the survey,
possibly using college students and citizen volunteers.
13. Please provide information regarding the red light camera policy.
An informal staff report will be prepared and sent to the City Council.
14. Please provide comparisons of the original financial plans to actual financials for the
Downtown Tax Increment Reinvestment Zone (TIRZ) #1.
The table below shows that TIRZ 41 is performing very close to the adopted financial
plan:
Fiscal Year
TIRZ Estimated
Value
TIRZ Actual
Value
TIRZ Estimated
Revenue
TIRZ Actual
Revenue
2011
$ 80,200,000
$ 79,356,854
$ -
$ -
2012
$ 81,600,000
$ 81,657,808
$ 10,000
$ 6,737
2013
$ 95,500,000
$ 89,605,635
$106,000
$ 94,678
2014
$100,200,000
$ 96,287,950
$138,000
$146,234
2015
$115,100,000
$114,885,073
$241,000
$245,056
Total
$495,000
$492,705
*FY 2015 Actual Revenue is the budgeted amount.
Question and Answer Memorandum
August 12, 2014
Page 4 of 5
15. Please provide information on gallons of water sold by the City for use by the
natural gas industry for hydraulic fracturing.
The City of Denton Water Department will not have information related to the amount of
water utilized to "frack" a gas well. The information that we do have is the annual volume
of water sales to the gas industry. Included in Attachment 1 are the potable water sales
from the Denton system to the gas well industry from 2005 through 2013. The
information in Attachment 2 includes total water system retail sales in relation to water
sales to the gas well industry. For FY 2012 -13, the total retail water sales in the Denton
system equaled 5,963,228,000 gallons (of the total system retail sales, the total fire
hydrant sales equaled 68,945,000 gallons or 1.16 %). Of the total hydrant sales the water
sold to the gas well industry was 36,849,200 gallons or 0.62% of the total system retail
sales. Over the last 10 years, 2006 represented the highest volume of water sales to the
gas well industry. The volume of water sales to the gas well industry was 112,308,611
gallons or 1.62% of the total system retail water sales. Included in Attachment 3 is a
comprehensive publication on water use for shale gas production in Texas. The results in
this publication calculated the average water use for tracking over approximately a
decade for 14,900 well sites. The average amount of water used for tracking during this
period was 2,557,930 gallons per well. Wells were predominantly vertical until 2005
(approx. 450 -600 wells/ yr in 2000- 2005) when the number of horizontal wells drilled
exceeded the number of vertical wells and reached a maximum of approximately 2,500 in
2008. The publication states that the estimated water use per horizontal well in 2010
ranged from approximately 750,000 to 5,500,000 million gallons per well (5th_95th
percentiles), with a median of approximately 2,800,000 per well. Water use percentiles
have generally increased in recent years as the average lateral bore lengths and numbers
of tracking stages have increased.
16. Please provide an analysis on Health Inspection workload, similar to the Building
Inspection workload presentation.
Staff responses will be provided for the August 19th Council meeting.
17. Please provide a five -year financial forecast for the Tourist and Convention Fund.
Staff responses will be provided for the August 19th Council meeting.
18. Please schedule a work session for a discussion of the Community Market.
The Community Market organizers will make a presentation to the City Council on
August 12, 2014. Attachment 4, a copy of their budget request is provided.
Question and Answer Memorandum
August 12, 2014
Page 5 of 5
19. Please provide the five year General Fund financial forecast approved in the
FY2012 -13 and FY2013 -14 budgets which show when the property tax increase was
planned to occur.
The five -year General Fund forecasts for the two prior budgets are included as
Attachments 5 and 6.
20. Please provide a summary of Council contingency spending.
A spreadsheet of City Council contingency spending for the current fiscal year is
included as Attachment 7.
21. Please provide options for funding one -time costs in the General Fund without
drawing down fund balance. In addition, provide options for reducing the proposed
O &M rate to the prior year's rate.
The City Manager's budget was initially based on an 8% growth in property values.
When the final tax roll was submitted with growth of 11.47 %, the additional revenue was
used to balance the General Fund recurring revenues to expenses, so that the drawdown
was no more than one -time expenditures. The entire remaining balance of the unexpected
additional revenues ($1.36 Million) was allocated to the Street Improvement Fund. As
such, the Council as an example might decide to reverse the increased allocation to street
maintenance in order to fund $661,545 in one -time expenses in the General Fund without
any use of fund balance. If the City Council desires to reduce the operating and
maintenance portion of the tax rate to the FY 2013 -14 level of $0.47480, City Council
could decide to further reduce the allocation to street maintenance. This would reduce the
rate to $0.68336 with a reduction in street maintenance revenue of approximately
$496,000.
22. Please explain what expenses can be funded from the Downtown TIRZ.
This item will be discussed during the August 19th Council meeting.
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Attachment 3
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ABSTRA(7: Shale-gas production using hydraulic fracturing of mostly —
horizontal wells has led to considerable controversy over water-resource E 4'
and environmental impacts. The study objective was to quantify net water C
30
0
use for shale-gas production using data from Texas, which is the dominant 9
producer of shale gas in the U.S. with a focus on three major plays: the 20
Barnett Shale (-15 000 wells, rni&2011), Texas-flaywwsvilie Shale (390 0'
wells), and Eagle Ford Shale (1040 welts). Past water use was estimated 10
from well-completion data, anti Nature water use was extrapolate-, frown
n
past E)
ast water use constrained b shale -gas resources Cumulative water use 0
in the Barnett totaled 145 Mm3 (2000—mid-2011). Annual water use ",G *0 10 GOO 00
1100 i10 1 0
represents —9% of water use in Dallas (population 1.3 million). Water use '0 0 ooe W S%4L sows i Go's 00
in younger (2008—mid-2011) plays, although less (6.5 Mm 3 Texas- IWO 400010*0
Haynesville, 18 MM3 Eagle Ford), is increasing rapidly. Water use for $0
shale gas is <1% of statewide water withdrawals; however, local impacts
vary with water availability and competing demands. Projections of cumulative net water use during the next 50 years in all shale
plays total —4350 AIM3, peaking at 145 MM3 in the mid-2020s and decreasing to 23 Mm3 in 2060. Current freshwater use may
shift to brackish water to reduce competition with other users.
N INTRODUCTM
Natural gas has spurred intense interest in reducing greenhouse
gases and enhancing energy security. Natural gas produces
emissions that are much lower than those from oil and coal:
30%-40% lower for CO2, 80% for NO, and —100% for SO2,
particulates, and mercury.' Natural gas is used widely for
industrial (31%), electric power (27%), residential (22%),
commercial (14%), and other purposes (mean 2000-2010).2
Production of natural gas from hydrocarbon-rich shales is
referred to as shale gas. Shales contain gas in micropores,
fractures, and adsorbed onto organic matter. Conventional gas
has been produced from permeable geologic formations for
decades; however, within the past decade, advances in
directional drilling, combined with breakthroughs in fracking
in Texas, have allowed large-scale expansion of gas production
from low-permeability shale formations at depths of >1 km.
Shale-gas reservoirs differ from typical oil and gas reservoirs in
that the shale serves as the source rock, reservoir, and seal.
Although older wells in older plays, such as the Barnett, and
exploratory wells in newer plays are vertical (Supporting
Information, A), most wells are currently drilled vertically
almost to the depth of the shale formation, then deviated to the
horizontal and drilled horizontally within the shale. Fracking
involves injection of water containing chemical additives and
proppant (e.g,, sand) under high pressure to fracture the
shales? Early expansion of shale-gas production was restricted
primarily to the Barnett Shale in Texas, which was the main
producer in the 2000s, accounting for 66% of shale-gas
production in the U.S, in 2007-2009;2 however, shale gas is
currently produced in 22 of the 50 states, and production
increased by an annual average rate of —50% between 2006 and
2010. 4 Shale-gas production is projected to increase from 23%
of U.S. natural gas production in 2009 to 47% by 2035.
Energy and water production are interdependent. In the
shale-gas context, there is a strong correlation between water
injected and gas production (Supporting Information, B). Most
studies of water-resource impacts from shale-gas exploration
and production have focused on effects of fracking on water
quahty;s however, some studies also emphasize impacts on
water quantity. 6-10 Few published studies quantify water use
for shale-gas production and their environmental impact.11-13
Water use for hydraulically fracturing wells varies with the
shale-gas play, the operator, well depth, number of fracking
stages, and length of laterals. To date, generally fresh water
(total dissolved solids <1000 mg/L) has been used for fracking,
sourced from surface water or groundwater, depending on local
availability. The commonly used polyacrylamide additives
(friction reducers) function best in fresh water.14
Impacts of water production for shale-gas development
depend on water availability in the region and competing
demands for water from other users. Limited water availability
in semiarid regions may restrict shale-gas production. Impacts
range from declining water levels at the regional10 -12 or loCa16
Rcceived December 21, 2011
V,Ewised: February 22, 2012
Accepte& March 1, 2012
Pubfished; March 2, 2012
vor ACS PuNcations ® 2012 American Chemical Society 3580 dx.dol.org /10.1021/es204602t I Environ. Scl. Technol. 2012, 46, 3580-3586
Attachment 3
Envkonmental Scbence & 1'echnolo
......... . . .,..,.mm,. . . . . . . ..................
scales and related decreases in base flow to streams. Although
shale-gas production is currently mostly limited to North
America, large reserves have been estimated in other regions
globally, and water availability may be more problematic in
some of these regions, such as northwest China and South
Africa, where water scarcity is already a problem. 15,16
The objective of this study was to quantify net water use
(water consumption) for shale-gas production using the major
shale-gas plays in Texas as examples (Barnett, Haynesville, and
Eagle Ford shales) (Figure 1) and focusing on the single best-
N
A
as 100 200
E�
km
Footprint x Prospectivity
0.1 - U
0,2-0.4
�17 7! 0.4 - 0, e
liffi0,6.0.8 iTrinity
M
0.8. 1.0 ] Carrizo-Wilcox
Figure 1. Location of major shale-gas plays in Texas. Colors represent
the product of fraction of county area within play footprint (number
>0 and :!W and prospectivity (number >0 and <1). Core counties in
the Barnett include Denton, Johnson, Tarrant, and Wise. Core
counties in the Haynesville. include Harrison, Panola, Shelby, and San
Augustine, Counties of interest in the Eagle Ford are Dimmit, De Witt,
Karnes, La Salle, Live Oak, and Webb. Outlines of the Trinity and
Carrizo Wilcox aquifers are also shown.
estimate scenario. Overall Packing activities in Texas show little
difference between water use and net water use. Texas has the
longest history of shale-gas production, and impacts on water
quantity should serve as a guide for production in younger
plays in the U.S. and globally. Experience from Texas sbale-gas
plays provides insights into water-quantity requirements and
water-use.
MI MATEMALS AND METHODS
Shale-Gas Plays in Texas. The Barnett Shale has been
producing gas since the early 1990s and is the formation in
which horizontal drilling and tracking were pioneered (Figure
1). Productive Mississippian Barnett Shale is found at depths of
2.0-2.6 km near the Dallas—Fort Worth metroplex, with shale
thickness varying from 30 to 180 m, The play, which includes a
core area of four counties (7800 km2 area), extends to all or
parts of 26 counties (-30 000 km). The Haynesville Shale
extends from Louisiana into Texas, with —35% of the play in
Texas (Tx- Haynesville). Production in the Upper Jurassic
Haynesville Shale began in 2008, Haynesville Shale thickness
ranges 60-90 m at 3-4 km depth, The play area is —11 SOO
km2 in Texas (10 counties), with a core area of 7500 km2 (four
counties). The discovery well for the Eagle Ford Shale was
drilled in 2008. The average shale thickness is 7S m, and it is
found at depths of 1.2-3.4 kin. The play area extends over —24
counties (-50 000 lan'). Some shale plays contain only gas
(e.g., the Haynesville), whereas others contain both oil and gas,
either at the same location in a so-called combo play (e.g.,
north section of Barnett) or in spatially distinct zones with oil
at shallower depths (e.g., Eagle Ford).
Estimation of Past Water Use for Shale-Gas Produc-
tion. Water use for shale-gas production in Texas can be
readily estimated because operators are required to report water
used for completion, including tracking, to the Railroad
Commission (RRC) of Texas (forms G-I and W-2),
Unfortunately, because information on source or quality of
water is also not required, water use estimates may include a
small proportion of slightly brackish water (total dissolved
solids <5000 mg/L). Surface water in Texas is owned and
managed by the State and requires a water-right permit for
diversions. Groundwater is owned mostly by landowners but is
generally managed by legislatively authorized groundwater
conservation districts (GCDs); nevertheless, groundwater
withdrawal for oil and gas exploratory activities, including
frackin
& is exempt from GCD regulations under the State water
code. ,
Information on water use for tracking for shale-gas
production was obtained indirectly from the RRC through a
vendor (IHS) database, Water use was either provided in the
database or estimated from proppant loading (proppant mass
divided by water volume), when available, or from water-use
intensity (water use divided by length of vertical or lateral
productive interval) for each well. The reliability of water use
estimates was evaluated by comparing estimates from different
approaches. If discrepancies among various water-use estimates
could not be resolved for a particular well, water use was
assigned a mean water use in the play (Supporting Information,
C). Additional information, such as surface water or ground-
water source, was obtained directly from facilities /operators
responsible for water use. Wells with water use :080 m, (0.1
million gallons, Mgal) were omitted from analysis to distinguish
simple well stimulation by traditional tracking and acid jobs
from the now common high-volume fracking jobs (Supporting
Information, C). Data on water use for drilling, rather than
tracking, are much more difficult to obtain because operators
are not required to report this water use.
Estimation of Future Water Use for Shale-Gas
Production. Future water use for shale-gas production was
estimated for 2010-2060 based on extrapolation of current
trends and performed at the county level (500-8800 km2
areas) by (1) estimating spatial area of the shale-gas play and
most likely spacing between laterals, (2) estimating water-use
intensity from historical data, and (3) computing total water
use. Estimating spatial well coverage density is an important
step. Horizontal well laterals are mostly parallel and oriented
approximately perpendicular to minimum local horizontal
stress. Distance between laterals ranges approximately from
2S0 rn for oil wells to 300 m for all other wells according to
field evidence and discussion with operators. The next steps
consisted of (4) adjusting water use for spatial distribution
within a county and (S) distributing water use through time.
Spatial distribution is controlled by a county-level prospectivity
factor (0.3-1.0), which includes assessment of shale depth,
thickness, maturity (amount and type of organic matter in
shale, thermal maturity, burial history, microporosity, and
fracture spacing and orientation), and location relative to core
area (Supporting Information, F). The role of the prospectivity
factor is to include these variables to the best of our knowledge
in the projections. Consequently, this county-level assignment
3581 dxdoi,org/10 1021ks204602t I Enviroa Sd Techriot 2012, 46, 3580-3586
Attachment 3
Environmental Science & Technology
... . . . .. . . . . . . . . . . ............................ . .....
was done on the basis of educated estimates relative to industry
projections resulting from discussions with expert geologists.
Temporal distribution of total water use at the county-level
was based on assumptions about individual gas-well perform-
ance, projections on rig availability, prospectivity, and progress
in recycling and reuse. Individual gas-well performance is
characterized by initial production (IP), decline curve (how
rapidly wells decline from the IP), and cumulative potential
(estimated ultimate recovery, ELTR). A limiting factor that
controls the number of wells drilled each year is the number of
available drilling rigs. A lower prospectivity translates into a
delayed start date relative to more prospective counties.
Recycling and reuse are a strong function of amount of
injected water returning to the surface, which is always a
relatively small fraction of amount injected. 13 Projections
assume a slow annual increase in recycling and reuse up to
20% of total water use in 2060 for the Barnett and Eagle Ford
shales (only 3% for Haynesville Shale) to yield the net water
use 13 (supporting information, E). Refracking can also impact
water-use projections. This study assumes that all possible
restimulations have already been done and that newer wells will
not be restimulated (Supporting Information, H). Earlier
projections, following a procedure similar to that presented in
this section, but restricted to the Barnett Shale, still hold,
increasing confidence in the approach (Figure 2).12 They also
200
35-
—.A,— High use scenario
160
If—
--9— Medium use scenario
E
2 150
--*— Low use scenario
125 0
0
30" 7016 pot.
5'�, �5 pot.
0 Actual use
2,0
K20 -
100
100
15
75
>
50
E 50
E
02
E2
3t
5 -
0 25
0 +K" 1 , r---r----+ 0
2005 2006 2007 2008 2009 2010 2011
Figure 2. Postaudit analysis of water -use projections (solid lines) made
in 200612 relative to actual water use (dots) through mid -2011 for the
Barnett Shale (cumulative as of'June 2011) (tick marks = completed
year, so 2011 is 12/31/2011). This figure gives an estimate of the
uncertainty associated with the analysis, which provides cumulative
water use projections within less than a factor of 2 in the next 5-10
years. The assumption that current trends will still be valid beyond the
10-year horizon becomes weaker with increased uncertainty in the
projections. Postaudits of long-term projections show that they often
deviate from estimates because of unpredicted events, with
unprecedented water-intensive shale-gas production being an example.
suggest that projections of cumulative water use at the play
level are valid within a factor of less than 2 at a 5 -10-year
horizon with increased uncertainty beyond the decade or when
the area of interest decreases from shale play to county.
0 RESULTS AND MSCUSSION
Past Water Use for Shale-Gas Production. Shale-gas
production in the U.S. was dominated by production in the
Barnett Shale during the past decade, which increased from 0.3
Gm 3 (2000) to 52 GM3 (2010) (10-1840 billion cubic feet). 17
Past water use for fracking totaled 14S MM3 (117 thousand
acre-feet, kAF; I AF = 32S 851 gal) to June 2011 (Table 1) to
Table 1. Statistics for Major Shale-Gas Plays in Texas"
area use WOW WUI proji
formation (lun) (Mm') wells (m3) (-'/m) (Mm')
Barnett 48000 145 14900 10600 12.5 1050
TX_ 19000 6.5 390 21500 14.0 525
Haynesville
Eagle Ford S3000 18 1040 16100 9.5 1870
other shales 889
tight 895
formations
"Area: total area. Use: cumulative water use to 6/2011. Wells: number
of wells to 6/2011. WUW: median water use per horizontal well
during the 2009-6/2011 period; WUI: median water-use intensity for
horizontal wells during the 2009-6/2011 period; Proj: projected
additional total net water use by 2060. "Other shales" are mostly
located in West Texas, whereas tight formations occur across the state.
Note: The same table is reproduced in English units in the Supporting
Information.
stimulate ^15000 wells. Fracking water use in the Barnett in
2010 represented —9% of the 308 Mrn3 (250 kAF or —80 000
Mgal) used by the City of Dallas, 18 the ninth-largest city in the
U.S. (population 1.3 million 2010). Wells were predominantly
vertical until 2005 (-450-600 wells/yr in 2000-2005) when
the number of horizontal wells drilled exceeded the number of
vertical wells and reached a maximum of —2500 in 2008
(Figure 3). Water use for horizontal wells in 2010 ranged
Figure 3. Time evolution of Barnett Shale well count and water use
per well percentiles.
2900-20 700 m'/well (5th-95th percentiles, 0.75-5.5 Mgal),
with a median of 10 600 m'/well (2.8 Mgal) (Supporting
Information, D). Water-use percentiles systematically increased
during the past decade, as lateral lengths and number of
fracking stages increased (Figure 3). Variations in water use
among wells result from differences in length of laterals and in
water-use intensity (median for horizontal wells of 12.5 m3 /m-
1000 gal/ft). Median water use for vertical wells is 4500 m' (1.2
Mgal). Water use is reported for most (97% in 2009-2010)
Barnett Shale wells. Gas production and water use are
concentrated in the core counties, accounting for —80% of
the 31.4 MM3 (25.5 kAF) of total water consumed in 2008
(Table 2).
Approximately 1820 wells had been drilled in the entire
Haynesville shale-gas play extending into Louisiana by mid -
2011, with a total water use of 36 Mm3 (29.5 kAF), including
390 wells and 6.5 MM3 (5.3 kAF) in Texas (Table 1).
Currently, most wells are horizontal, Median water use for
horizontal wells in the entire Haynesville play in 2010 was 21
3582 dx.doi.org/10 1021/es204602t 1 Environ. Sd TechnoL 2012, 46, 3580-3586
35-
30
106)8.
E 3 0
'0
Number of wells
Median
2,5
_"25
30" 7016 pot.
5'�, �5 pot.
2,0
K20 -
Mean
15
4-
X15-
-0610 -
1,0
02
E2
3t
5 -
L
0,6 E
U.
LL
0
0
0,0
to
� M M 0 N
N N N
0
N
N
Figure 3. Time evolution of Barnett Shale well count and water use
per well percentiles.
2900-20 700 m'/well (5th-95th percentiles, 0.75-5.5 Mgal),
with a median of 10 600 m'/well (2.8 Mgal) (Supporting
Information, D). Water-use percentiles systematically increased
during the past decade, as lateral lengths and number of
fracking stages increased (Figure 3). Variations in water use
among wells result from differences in length of laterals and in
water-use intensity (median for horizontal wells of 12.5 m3 /m-
1000 gal/ft). Median water use for vertical wells is 4500 m' (1.2
Mgal). Water use is reported for most (97% in 2009-2010)
Barnett Shale wells. Gas production and water use are
concentrated in the core counties, accounting for —80% of
the 31.4 MM3 (25.5 kAF) of total water consumed in 2008
(Table 2).
Approximately 1820 wells had been drilled in the entire
Haynesville shale-gas play extending into Louisiana by mid -
2011, with a total water use of 36 Mm3 (29.5 kAF), including
390 wells and 6.5 MM3 (5.3 kAF) in Texas (Table 1).
Currently, most wells are horizontal, Median water use for
horizontal wells in the entire Haynesville play in 2010 was 21
3582 dx.doi.org/10 1021/es204602t 1 Environ. Sd TechnoL 2012, 46, 3580-3586
Attachment 3
Environirneintal Sclence & "re mo
------- qy
Table 2, County-Level 2008 Total and Fracking Water Use in Core Counties"
SOO ma (5.7 Mgal), ranging from 2700 to 28 100 M3 (5tb and
9Sth percentiles; 0.7-7.4 Mgal). Water-use intensity is not as
clearly defined as it was in the Barnett Shale because of the
smaller sample size, but it is slightly higher (14 m'/m; 1120
gal/ft) than that of the Barnett Shale,
Fracking for shale-gas production in the Eagle Ford Shale
began in 2008, Wells drilled in the Eagle Ford Shale totaled
1040 with cumulative water use of 18 MM3 (14,6 kAF) by mid-
2011 (Table 1). Water use per well ranged from 4600 to 33 900
In' (5th and 95th percentiles; 1.2-8.9 Mgal), with a median of
16 100 m3/Well (4.3 Mgal)). Water-use intensity ranged from
3.4 to 22.9 In 3/M (Stb-95tb percentile; 270-1850 gal/ft), with
a median of 9.5 m'/m (770 gal/ft), currently less than that for
the other two plays. This median value quickly decreased from
the earlier 15.5 m`/m (1250 gal/ft) used in the projection
section, and that included only 155 wells.j" Counties with the
largest water use are Dinimit, Webb, and La Salle (>50% of
total), with six surrounding counties making up the balance, in
particular, De Witt, Karnes, and Live Oak, where activity
increased in 2011. All of these counties are located in the oil or
wet-gas window of the play.
The source of water for tracking is not well documented in
Texas. Fracking water in the Barnett Shale for 2005-2007 was
estimated to be 60% from groundwater (range 45 -100%,
depending on the county), but the source varies with time. I I
East Texas, which has abundant surface water, also hosts large
aquifers. Haynesville shale-gas production in Louisiana parishes
bordering Texas initially relied heavily on local groundwater
from the Carrizo aquifer but currently derives -75% of water
from surface water (Pers. comm., Gary Hanson, Louisiana State
Univ., Shreveport) or lesser quality shallow groundwater. 19
Surface water in the Eagle Ford footprint is not as abundant as
in the northeast sections of the state hosting the Barnett and
Haynesville shales, and operators have relied mostly on
groundwater from the Carrizo aquifer, except for use of Rio
Grande water at the Mexican border,
Additional consumptive water uses related to shale-gas
tracking include drilling and sand mining for proppant
production, which amount to an additional -25% water use
relative to fracking water use proper13 (Supporting Informa-
tion, E). Recycling and reuse of fracking fluid was estimated to
range from 5% to 10% for the Barnett Shale and -0% for the
Tx-Haynesville Shale (Supporting Information, E).
Although hydraulic-fracturing net water use in Texas,
including other tight plays in West Texas (44.7 Mm', 36 kA,
in 2008), is significantly higher than net water use for other oil
and gas activities (total of 70.6 My-n3 (S7 kAF) in 2008,
including tracking, drilling, and waterflooding, injection of
water into an oil reservoir), oil and gas mining net water use did
not dominate other mining net water uses in Texas (mining net
water use total of 197 Mm, 160 kAF, in 2008). Aggregate
mining, lignite-mine dewatering, and other minor uses
represented approximately two-thirds of mining water use in
2008 (Supporting Information, 1).13 In the larger context of
overall state water use, mining represented <1% of the total
water use of 22 600 N4M3 (18 300 kAF) in 2008, most of it
consumptive.
Projected Water Use for Shale-Gas Development.
Projections of gas production for the Barnett Shale are based
on earlier projections,42 supplemented by prospectivity updates
for both gas and oil windows by, Tian and Ayers. 20 Parameters
used for the estimates include play area (48 000 km2), spacing
of laterals (300 In for gas and 250 In for oil), and water-use
intensity of 12.5 In 3/M (1000 gal/ft), resulting in a total net
water use of 1050 Mm' (853 kAF) in 2010-2060 (Table 1).
Temporal variations in projected net water use are based on
projected peak water production in 2017 at 60 NIM3 (48 ME),
decreasing to -0 in 2040 (Figure 4). Projections were
3583 dx,doi.org/10,1021/es204602t I Envirm, Sd Techn& 2012, 46, 3580-3586
county
2008 net water use projected net water use
name
population
area (kin') total (MM3)2' GW (%) SG (Mnia) SG -IM-57 max ( %) max year
Barnett
Denton;'
637400
2460 120 13 3.4 28 2.1 1.7 2010
Johnson
ISS200
1,880 35 45 10.4 29 4.1 11 2010
Parker
111600
2390 21 49 2.2 10 49 23 2010
Tarrant"
174100
2320 453 S 63 L4 3.9 0.9 2010
Wise
S8 500
2400 14 42 23 19 5,7 40 2010
Eagle Ford
De Witt
20200
2350 8 86 2.8 35 2023
Diminit
10000
3460 12 88 U 0.1 6.7 55 2015
Karnes
1S 300
1970 6 91 2.5 39 2018
La Salle
6000
3840 8 95 010 0.1 7.1 89 2019
Live Oak
12100
2780 8 66 1.0 12 2024
Webb'
238300
8790 56 3 0.0 0.0 2.9 5.2 2013
TX-Haynesville
Harrison
64200
2370 4S it 0'1 012 3.3 7.4 2017
Panola
23300
2120 10 37 0,0 015 3.0 30 2017
San Augustine
9000
1530 3 30 4.1 136 2017
Shelby
26200
2160 11 27 5,8 55 2017
"Name: county name. Population;
estimated 2008 population. Area: county area. Total: total net water use. GW: estimated net groundwater use as a
percentage of total
net water rise, SG: 2008 shale-gas net water use and percentage of 2008 total net water use. Max: projected maximum shale -gas
annual wict water use
and percentage
of 2008 total net water use, Max Year: calendar year of projected maximum. httl). //Www,tvv(,Ib.stite.tx,Lws,(Wrpi/
wu.q/2009c0/2009County,xls. Note: The same table is reproduced in English units in the Supporting Information. 1, Include.i City of Fort Worth and
other conun"Tifties relying primarily
on imported surface water. 'Includes City of Laredo. Assumes that the water originates from the county in
which it is used.
SOO ma (5.7 Mgal), ranging from 2700 to 28 100 M3 (5tb and
9Sth percentiles; 0.7-7.4 Mgal). Water-use intensity is not as
clearly defined as it was in the Barnett Shale because of the
smaller sample size, but it is slightly higher (14 m'/m; 1120
gal/ft) than that of the Barnett Shale,
Fracking for shale-gas production in the Eagle Ford Shale
began in 2008, Wells drilled in the Eagle Ford Shale totaled
1040 with cumulative water use of 18 MM3 (14,6 kAF) by mid-
2011 (Table 1). Water use per well ranged from 4600 to 33 900
In' (5th and 95th percentiles; 1.2-8.9 Mgal), with a median of
16 100 m3/Well (4.3 Mgal)). Water-use intensity ranged from
3.4 to 22.9 In 3/M (Stb-95tb percentile; 270-1850 gal/ft), with
a median of 9.5 m'/m (770 gal/ft), currently less than that for
the other two plays. This median value quickly decreased from
the earlier 15.5 m`/m (1250 gal/ft) used in the projection
section, and that included only 155 wells.j" Counties with the
largest water use are Dinimit, Webb, and La Salle (>50% of
total), with six surrounding counties making up the balance, in
particular, De Witt, Karnes, and Live Oak, where activity
increased in 2011. All of these counties are located in the oil or
wet-gas window of the play.
The source of water for tracking is not well documented in
Texas. Fracking water in the Barnett Shale for 2005-2007 was
estimated to be 60% from groundwater (range 45 -100%,
depending on the county), but the source varies with time. I I
East Texas, which has abundant surface water, also hosts large
aquifers. Haynesville shale-gas production in Louisiana parishes
bordering Texas initially relied heavily on local groundwater
from the Carrizo aquifer but currently derives -75% of water
from surface water (Pers. comm., Gary Hanson, Louisiana State
Univ., Shreveport) or lesser quality shallow groundwater. 19
Surface water in the Eagle Ford footprint is not as abundant as
in the northeast sections of the state hosting the Barnett and
Haynesville shales, and operators have relied mostly on
groundwater from the Carrizo aquifer, except for use of Rio
Grande water at the Mexican border,
Additional consumptive water uses related to shale-gas
tracking include drilling and sand mining for proppant
production, which amount to an additional -25% water use
relative to fracking water use proper13 (Supporting Informa-
tion, E). Recycling and reuse of fracking fluid was estimated to
range from 5% to 10% for the Barnett Shale and -0% for the
Tx-Haynesville Shale (Supporting Information, E).
Although hydraulic-fracturing net water use in Texas,
including other tight plays in West Texas (44.7 Mm', 36 kA,
in 2008), is significantly higher than net water use for other oil
and gas activities (total of 70.6 My-n3 (S7 kAF) in 2008,
including tracking, drilling, and waterflooding, injection of
water into an oil reservoir), oil and gas mining net water use did
not dominate other mining net water uses in Texas (mining net
water use total of 197 Mm, 160 kAF, in 2008). Aggregate
mining, lignite-mine dewatering, and other minor uses
represented approximately two-thirds of mining water use in
2008 (Supporting Information, 1).13 In the larger context of
overall state water use, mining represented <1% of the total
water use of 22 600 N4M3 (18 300 kAF) in 2008, most of it
consumptive.
Projected Water Use for Shale-Gas Development.
Projections of gas production for the Barnett Shale are based
on earlier projections,42 supplemented by prospectivity updates
for both gas and oil windows by, Tian and Ayers. 20 Parameters
used for the estimates include play area (48 000 km2), spacing
of laterals (300 In for gas and 250 In for oil), and water-use
intensity of 12.5 In 3/M (1000 gal/ft), resulting in a total net
water use of 1050 Mm' (853 kAF) in 2010-2060 (Table 1).
Temporal variations in projected net water use are based on
projected peak water production in 2017 at 60 NIM3 (48 ME),
decreasing to -0 in 2040 (Figure 4). Projections were
3583 dx,doi.org/10,1021/es204602t I Envirm, Sd Techn& 2012, 46, 3580-3586
Attachment 3
EnvkonmentM Science & T'e hn
............ . ...... .. . . . ............. . ..................... .
►ul
two,
E
16—
100
so
2010 2020 2030 2040 2050 2060
IM
125
100
75 2
50
25
Figure 4. Time evolution in Texas of fracking net water use distributed
among the Barnett, Tx-Haynesville, Eagle Ford, and other shale-gas
plays to which water-use fracturing of more traditional tight formations
is added.
distributed spatially by county according to their respective
prospectivity. High water-use counties are outside of the core
area, where it is assumed that drilling activity peaked in 2010.
Parameters required for estimating water use for the Tx-
Haynesville Shale include play area (19 000 km'), lateral
spacing (300 rn), and water-use intensity of 13.6 m'/m (1100
gal/ft), resulting in a total projected net water use of 525 A/fM3
(425 kAF) peaking at 19.0 MM3 (154 kAF) in 2022 (Figure 4).
Projected water-use estimates for the Eagle Ford play relied on
the play area (53 000 km'), lateral spacing (300 in for gas and
250 in for oil), and water-use intensity of 15.5 M3/M (1250 gal/
ft), resulting in a total net water use of 1870 Mm' (1515 kAF)
(Table 1) peaking at 58 Mm' (48 kAF) in 2024 (Figure 4).
Projected net water use is lowest for the Tx-Haynesville and
highest for the Eagle Ford shale-gas plays reflecting variations in
gas reserves associated with play area. Projections for these
plays are more uncertain than those of the Barnett Shale,
because of their young age (2008). Recent information suggests
that water-use intensity is decreasing, particularly in the Eagle
Ford Shale. In addition, gas-production rates from limited
drilling restricted to certain areas of the plays are assumed to
represent future production rates over the entire play.
Projected water use is also contingent on gas price because
drilling and completion activities are more sensitive to gas price
than production. All gas plays, even those with marginal
permeability, should be hydraulically fractured when gas prices
exceed $10 per thousand cubic feet (Mcf) ($0,35/m3), more so
if the gas contains condensate, and development should be
accelerated relative to that projected in this study. Conversely,
if gas price remains below $S/Mcf ($0.18/m3) for an extended
time, water-use projections from this study may be too high.
Given the current low gas price relative to that of oil in terms of
energy content, more companies have become interested in
condensate, whose price more closely follows that of oil and in
oil-rich shale plays (northern confines of Barnett Shale, western
edge of Eagle Ford Shale).
Overall annual net water use for fracking shale formations is
projected to increase from the current 46 Mm' (37 kAF) to a
peak of 145 N[M3 (117 kAF) by 2020 - 2030,13 If minor water
use for tight formations (Supporting Information, I) is
included, tracking annual net water use peaks at 179 MM3
(145 AF) (Figure 4). Several other potential gas accumulations
are present in Texas and are not considered in this study,
particularly those at greater depths because they are considered
too speculative. Production from these formations would mean
that net water use, instead of decreasing after the peak of 145
Mm' (117 kAF) in 2020-2030, could remain at that level or
possibly higher for a longer time. Also, projections in this study
are based on current fracking technologies; new or updated
technologies could reduce reliance on fresh water, including use
of fluids other than water (e.g., propane, Nv CO2), sonic
fracturing with no added fluid, and other waterless approaches
with specialized drilling tools. 21,22 AS the cost of water
increases, these methods, potentially more expensive than
water fracks, could become more attractive.
Impact of Water Use on Water Resources. Impacts of
water use for shale-gas production depend on local water
availability and competition for water from other users.
Precipitation is variable among Texas shale-gas plays, with
mean annual precipitation of 1320 nun/yr (Harnesville), 790
3
mm/yr (Barnett), and 740 mm/yr (Eagle Ford). Texas is also
subject to drought/wet period cycles that may become more
extreme with climate change. High precipitation in East Texas
results in widespread surface water availability in the Haynes-
ville Shale region, although its use can also impact stream-
f,IOW;74 however, most surface water is allocated, although
temporary water rights can be obtained from the State. Surface
water is also available in the Barnett Shale, including major
rivers (Trinity and Brazos Rivers) and reservoirs; however,
population growth will increase demand for this resources I and
possibly compound stress on the aquifer whose water levels
have significantly declined in past decades. 25 Surface water is
not as readily available in the Eagle Ford Shale region. Several
streams are ephemeral and recharge underlying aquifers (Frio
and Nueces Rivers), Even when surface water is available in a
region, it is often not located adjacent to shale-gas development
and trucking or piping of water may be required. Although
surface water is generally more renewable than groundwater, it
may not be as reliable because of impacts of droughts.
Groundwater resources are generally available in each of the
shale-gas plays, and, unlike surface water, groundwater is
ubiquitous and generally available dose to production wells.
The Carrizo Wilcox and Queen City/Sparta aquifers currently
provide water for the Tx-Haynesvflle and Eagle Ford shales.
Groundwater is more readily available in East Texas, the only
competition for water use in this region being industrial and
municipal demands, but conflicts with other users may arise
because the shallower aquifer has limited yidd.19 In the Eagle
Ford Shale region, groundwater has already been partially
depleted for irrigation in the Winter Garden region of South
Texas, resulting in water-level declines �!60 m, over a 6500 km2
area, disappearance of several large springs, and transition from
predominantly gaining to mostly losing streams. 26 Over-
abstraction of groundwater in the past for irrigation limits
water availability for current and future shale-gas production.
The east part of the Barnett Shale overlies the Trinity aquifer,
which provides water in this region." Farther west, no named
major or minor aquifer exists.
The large number of hydraulically fractured wells in Texas
(>20 000) and high water use per well create the perception of
large rates of water use. However, water use for shale-gas
production is relatively minor (<I%) when compared to that
for mostly consumptive irrigation (56%) and municipal (26%)
water use in Texas in recent years. Nevertheless, water use for
shale gas represents a much greater percentage of total water
use over smaller areas (Table 2). Net water use for Barnett
Shale core areas represented 4% of total water use in 2008.
3584 dx.doi.org/10.1021/es204602t I Environ, Sd TechnoL 2012, 46, 3580-3586
Attachment 3
Environmental Sc�ence & Technok?gy , 111
. . . ....... i�ii,i,ii . . . . . ............... . . ..... . . . ............ � 10
.............. ......... .
Total net water use in core/assumed core areas of the plays is
645 Mrn' (520 kAF) in the Barnett Shale, 69 Mm 3 (SS kAF) in
the Tx-Haynesville Shale, and 100 MM3 (80 kAF) in the Eagle
Ford Shale. The estimated groundwater fraction of total water
use is 11% in Barnett, 38% in Tx-Haynesville, and 18% in Eagle
Ford shale plays. Municipal water use is dominant (�85 %) in
the footprint of the Barnett play in Denton and Tarrant
counties and in Webb County in the footprint of the Eagle
Ford play, Elsewhere water use is mixed with some irrigation
and manufacturing. As compared to all county water use in
2008, net water use for shale-gas production at the county level
for selected counties is projected to increase from 1% to 40%
for the Barnett, 7% to 136% for the Tx-Haynesville, and S% to
89% for the Eagle Ford in their peak years (Table 2, Supporting
Information, J). The large percentage increases in water use for
rural counties reflect the low initial water use in these counties
(Figure S13).
Unlike municipal water use, which increases steadily with
population growth, shale-gas water use represents a transient
demand over —30-40 yr, The challenge is to understand
whether large aquifers, such as the Carrizo aquifer that has
extensive groundwater reserves, can recover from the transient
stress rapidly enough to support additional demand from
population growth. For example, water levels in the Carrizo
aquifer in the footprint of the Eagle Ford play have slowed their
decline following the heavy irrigation pumpage of the 1960s
and 1970s.27 The less prolific Trinity aquifer overlapping the
Barnett Shale footprint is still recovering from decades of pre-
1950s heavy municipal pumpage.25 The State of Texas strongly
supports water planning through an array of mostly local
government-like entities. The diverse stakeholders have agreed
on acceptable groundwater-level declines (called desired future
conditions) translated to total annual pumping (based on
groundwater modeling) of 350 Mm' (285 kAF) from the
Carrizo aquifer in the Eagle Ford Shale, to be compared to the
projected annual peak of 58 Mm' (47 kAF) (209/6 additional
use) for fracking (Supporting Information, J).
To mitigate increased fresh water use, some operators have
started exploring brackish groundwater (lower salinity than
seawater), despite limited information on this resource28 and
additional constraints, such as contamination risks during
transport and increased potential of well corrosion. Develop-
ment of advanced additives allows higher salinity water to be
used for frackin& although ionic composition is still a
limitation. In many places, brackish water is available at
relatively shallow depths'9 below or above the main fresh-water
aquifer. However, financial resources need to be assigned to
study these aquifers to better explain their yield, water quality,
sustainability, and relationship with the fresh-water section of
the same aquifers.
Water Use for Shale Gas Relative to Other Energy
Users. Because of limited water resources and ever-growing
energy demands, quantifying water-use efficiency per raw fuel
source in terms of energy content relative to other energy
sources (oil, coal, uranium) is important. No recent author-
itative work has documented current energy water use
efficiency. Previously published work, such as DOE 3" and
3
Gleick,� relies on outdated statistics. In addition to lack of
recent data, difficulties arise because of varying water-use
patterns. Water consumption for coal mining or makeup water
for in situ recovery of uranium is distributed throughout the life
of mining operations or possibly toward the end during
reclamation. Fresh water use for water flooding and other
enhanced oil recovery (FOR) operations is also distributed
mostly during the course of oil production, with perhaps
heavier use early in the operation (Supporting Information, K).
On the other hand, water use for shale gas occurs mostly early
in production (notwithstanding refracking), and "ultimate"
water efficiency, as calculated at the end of the life of the well or
of the play, differs from "instantaneous" (annual) or
"cumulative" water efficiency. The assumed ultimate water
efficiency for shale gas is a function of the play's EUR.
Considering only production to date, Texas shale gas has a
cumulative water use efficiency of 8.3-10.4 L per gigajoule
(L/GJ) if auxiliary consumption (drilling and sand mining for
proppant production) is added. Mante1132, provided shale-gas
water use efficiency for a large company operating in Texas and
elsewhere but likely representative of the industry, and
proposed an ultimate water efficiency of 4.8 L/GJ for the
Barnett Shale and 2.3 L/GJ for the Tx-Haynesville Shale.
Ultimate and cumulative water use efficiency values should
converge, provided that projected EURs are correct. Overall,
data collected in this study (including 8.3-16.6 L/GJ for coal
and 6.1 L/GJ for uranium) show that net water use for shale
gas is within the same general range as that for other energy
sources (Supporting Information, K).
Implications of this Study for Other Potential Shale-
Gas Regions. Texas has dominated shale-gas production in
the U.S. during the past decade, with the Barnett Shale being
the sole producer in the early 2000s and accounting for —66%
of U.S. production 2007-2009. Because shale-gas production
in Texas began much earlier than in other plays in the U.S. and
elsewhere and because Texas is the top shale-gas producer in
the U.S., the methodology and information on water use from
this study should provide insights into projected water use in
other developing or potential shale-gas plays. Water use per
well varies markedly within and between plays; however, water
use per length of production interval (water-use intensity) has a
much smaller range (9.5 -14 M3 /m, 770-1120 gal/ft) and,
consequently, is a more powerful parameter to consider. Past
projections for water use in the Barnett Shale are consistent
with subsequent water-use data 2006-2011, providing
confidence in the approach used in the study to project water
use. Studies of new plays with limited development or
researchers with limited access to data could make use of the
range of numerical values of parameters obtained in this study
and needed for preliminary estimates of water use (Supporting
Information, Q.
Despite the low overall net water use fraction, impacts of
water use can be much greater at smaller spatial scales.
Projected net water use at peak time could more than double
net water use in Texas rural counties, where current demand is
low. Climatic conditions for plays in Texas range from humid
to semiarid. Although water is more readily available in humid
settings, most is already allocated for other uses. Water is more
limited in semiarid regions because of overexploitation for
irrigation. Limited fresh-water resources, both surface water and
groundwater, will be an important issue for shale-gas
development in the semiarid southwestern U.S. Although
shale gas has not been produced in large quantities outside
North America, estimated reserves are high in many countries,
particularly northwest China, Mexico, South Africa, and
Australia; 16 however, many of these regions correspond to
areas of physical water scarcity. I 5 Increasing use of brackish-
water resources, using produced water, and developing less
water-intensive technologies to reduce reliance on water for
3585 dxdoiorg/10.1021/es2O4602t I Environ, 56 Technol. 2012, 46, 3580-3586
Attachment 3
Env n
�romentW Sclence & TechWo
fracking should allow shale-gas production in these water-scarce
regions.
0 ASSOCIATED CONTENT'
0 Supporting Information
Details discussing mining water use with additional figures,
information on units used in this work, and glossary. This
material is available free of charge via the Internet at http://
pubs.acs.org.
0 AUTHOR WFORMATION
Corresponding Author
*Phone: (512) 471-6246; e-mail: jp.nicot(a)beg.utexas.edu.
Notes
The authors declare no competing financial interest.
0 ACKNOM EDGMENTS
The work was performed with financial support from the Texas
Water Development Board (TWDB) and from The University
of Texas at Austin, Jackson School of Geosciences. We also
thank the database provider IHS (http://www.ihs.com) for
access to the Enerdeq database. We appreciate the help of
colleagues Michael Young, Ian Duncan, and Brad Wolaver, who
reviewed an earlier version of the paper, and input from three
anonymous reviewers. Thank you to Lana Dieterich, who
edited the manuscript, and to Robert Reedy, who did the
graphics. Publication authorized by the Director, Bureau of
Economic Geology, The University of Texas at Austin.
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3586 dxdoi.org/10.1021/es204602t I Environ. Sci. TechnoL 2012, 46, 3580-3586
Attachment 4
P.O. Box #3057
Denton, TX 76202
www.dentonmarket.org
www. facebook .com /DentonCommunityMarket
Memorandum
To: Denton City Council
From: Denton Community Market
Re: Budget Request for 2014 -2015
Date: July 23, 2014
The Denton Community Market (DCM) is pleased to submit this request for additional financial support
from the City of Denton. We have experienced considerable success and growth over the past five
years. The Denton Community Market (DCM) has grown from 15 vendors once per month in 2010 to 70-
80 vendors once per week, with over 130 vendors in total during our 2014 Market season. DCM won 3rd
place this year for Best of Denton "Best Community Event" and was also just named by UNT as one of
the "Five Fun Things To Do in Denton ". We have a Facebook following of over 5,000 people, and
ongoing visitor surveys and feedback reinforce the Market's importance in the community.
The Denton Community Market is a public market that is a unique community asset and institution in
the City that draws residents and visitors to the Downtown area and is crucial to small business and
economic development. As one visitor said, "It is what you do on a Saturday morning in Denton."
Another visitor recently said, "This is like a small Arts and Jazz Festival each week."
Our Market serves the community like no other public amenity, in the combination of promoting the
Creative Class, supporting local agriculture, creating a uniquely Denton gathering place with music and
activities, supporting sustainability with healthy and locally - produced products, and incubating small
Denton Community Market Budget Request UU y 23, 2014
Attachment 4
business. All products are producer -only and are handmade or produced within a 100 -mile radius of
Denton. A majority of our vendors are from Denton or Denton County.
Highlights of Our Accomplishments:
1. Significant Small Business Incubator for Market vendors, food trucks, and brick and mortar
businesses. Many vendors started at the Market as start -up businesses, with no previous
customer base. Our venue is a unique and important catalyst for start -ups and local business,
and is not replicated by other economic development efforts.
The low start -up costs of a $90 membership fee and $11 day fee and relatively little equipment
needed to operate at the DCM encourage business activity. Our fourth guiding principle states
that the Market "reduces barriers to entry for new entrepreneurs and small businesses." And it
is important for us to keep vendor fees low to encourage these new entrepreneurs. Last year
we estimated $215,000 of yearly sales during Saturdays at the Market. This year we estimate
that figure may more than double, with increased reported sales and the increased number of
vendors. All vendors have Sales Tax ID numbers. These figures do not include sales during non -
market days and ongoing business activity and the multiplier effect by these vendors in other
venues and online. The positive employment and sales impacts of the DCM are significant to
the local economy.
A few examples out of our many success stories are:
• Earthwise Produce: Started as a vendor 4 years ago, with no previous Denton business, and
now operates local urban farms and Earthwise Produce, a downtown brick and mortar
business. They have recently merged farm operations with Johnson's Backyard Garden, as
highlighted in the Denton Record Chronicle this past weekend:
http://www.dentonrc.com/ business - tech / denton- business - headlines /20140719- natural-
outgrowth.ece.
• The Pickled Carrot: Started as a vendor 3 years ago, with no previous business, and now has
a successful Food Truck that is a staple in the Denton food truck community.
• Lion Bear Naked Soap Co.: Started as a vendor in 2013, with no previous business, and now
has doubled their sales of soap this year and has become a viable local business and vendor
at the Market. "The Denton Community Market gave our business an opportunity to bring
our dreams to fruition. Approaching one year of selling, Lion Bear Naked Soap Co. has
doubled its sales as it developed into a much more self- sustaining business, capable of
satisfying a specific niche in the Denton community. The low participation cost and vast
community attendance gave us the opportunity to grow at a sustainable rate with no
negative financial repercussions. This market's growth is necessary to foster small business
advancement and community creativity within several areas of the Denton economy." -Alex
Spoor and Jason Schreiber, owners of Lion Bear Naked Soap Co.
• The Dime Store: Started as a vendor during our first Market season in 2010. The Market
identified an unmet need in Denton for a store with local handmade items. The Dime Store
is a brick and mortar business in Downtown Denton.
Denton Community Market Budget Request UU y 23, 2014
Attachment 4
2. Supports "Buy Local" movement in Denton: All of our vendors are required to produce their
items within a 100 -mile radius of Denton. Most are from Denton or Denton County. In a July 2014
survey about DCM farmer requirements, a majority of respondents say that having local produce
and producer -only produce is important to them.
3. Supports Sustainability in Terms of Vendors and Education: The DCM provides a venue for
locally - produced items. Many of these items are also available to the community at large. Local
production of goods supports the local economy, reduces transportation costs and impacts,
supports healthier living (produce), supports local and sustainably -grown agriculture, and creates a
walkable and bike - friendly destination. We also educate the public about recycling and selecting
more environmentally - friendly materials.
4. Attracts Downtown Visitors: The DCM has become a significant destination for visitors within
Denton, from DFW, and beyond. Visitor surveys that include zip code data consistently show that at
least 25% of our visitors are from outside of Denton. Even if the DCM is not their primary
destination, visitors from outside Denton stop by the Market to experience the local community and
culture. We also have an ongoing blog with the Denton Convention and Visitors Bureau.
5. Supports the Local Culture: The DCM hosts local music each week through DentonRadio.com and
our other music coordinators. The DCM also hosts children's activities and supports local
organizations, such as Explorium Denton, a proposed science children's museum. Visitors gather
and socialize. This weekly gathering spot is also important for the exchange of ideas and information
throughout the community.
With this growth, also comes greater need for equipment and site improvements to accommodate an
increasing number of visitors and activity. Also, with more vendors and visitors, the two Co- Coordinators
of the Market work longer hours and have more responsibility, despite a lack of funding to adequately
compensate them. It is becoming more doubtful that the Historical Park of Denton County will be a
long -term location for the Market. Because of a year -by -year approval process, future expansion plans
for the Park, and the current lack of space and facilities, the DCM is actively seeking a permanent
indoor /outdoor facility with green space and public amenities. Our needs were highlighted in the Bond
Election Proposal that was submitted to the Bond Election Committee. There was significant community
support for our proposal, with numerous emails and a petition to the Committee (See Bond Election
Proposal: https :// drive. google. com/ folderview? id= 0B2tDcAK32KVDMjFFa3Z2Q .S1SaDAusp= sharing).
We are asking for this financial support from the City of Denton because we have immediate and urgent
needs to continue operations. Markets across the DFW Metroplex as well as across the country often
Denton Community Market Budget Request UU y 23, 2014
Attachment 4
receive considerable support from their local municipalities, often as public - private partnerships. Cities
and counties recognize the essential role that farmers markets and public markets play in creating a
sense of place, support local business and start -ups, supporting local agriculture, and reflecting the
unique characteristics of each community. The "go- local" movement is very important, and is
particularly important for Denton.
THE BUDGET REQUEST
The financial support request is for vital operating expenses:
1. Equipment, marketing, and operating expenses, as shown in the Denton Community Market
2014 Budget of $15,987 (See Denton Community Market Requested Items 2014).
Our Current Needs: The DCM is growing at a rapid pace, from an average of about 30 vendors per week
last year to 70 -80 vendors per week this year. Last year we ended with 70 total members as vendors,
this year we already have over 130 vendors as members. We can no longer accept new vendors in many
categories.
With all of this growth, there are more management needs, equipment needs, and marketing needs.
Our budget outlines essential items to continue to improve the visitor experience at the Market, meet
the requests of vendors and visitors at the Market for improved facilities, and conduct marketing and
outreach for the DCM to expand sales and public awareness. Our dedication to supporting local food
and the local economy, as outlined in Denton's Sustainability Plan, requires improved operations to
manage and operate the Market.
The two Co- Coordinators, Kati Trice and Vicki Oppenheim, require more hours to manage and operate
the Market. The jobs are becoming less part -time more full -time each week. The Market does not
currently have funding to pay two full -time employees, as needed. Furthermore, the hourly rate is not
adequate for these staff members. The Market's total yearly basic expenses are $51,777.00 which
includes our staff needs at an underfunded level of $27,040. (See 2014 BUDGET). Our total income from
vendors' fees, fundraisers, city support and merchandise is $44,050.00, which leaves a deficit of
$7,727.00.
It is essential that we receive additional funding to continue to operate at our current and future levels.
Without additional funding, the Market may have to limit its operations and /or not meet the current
needs of the community.
Furthermore, we receive more and more requests for the DCM to support community events and
projects. Just recently, the DCM was a major participant in the Better Block Denton project. We are also
asked to participate on community events on a regular basis. Furthermore, the Planning Department
requested that the DCM participate in the upcoming Community Forum 3 as an attraction for the event.
All of the community needs take additional market resources and staff time. We are viewed by the
community as a valuable event that adds to the quality of life of Denton.
Denton Community Market Budget Request UU y 23, 2014
Attachment 4
Our Goals for Long -Term Viability: In the future, we are requesting funding for a study for permanent
facility because we have outgrown our current location and temporary infrastructure. We appreciate
the City of Denton's past and current support with the electrical outlets and the porta potty rentals.
There is a great need to have a year -round Market rather than only 8 months per year in our open -air
only location. We also have significant needs for permanent bathrooms, sinks with running water,
indoor /outdoor vendor areas, and public amenities, such as open space park facilities. The DCM Site
Selection and Feasibility Study was recommended by the Citizens' Bond Election Committee members
after our Bond Election Request for a Permanent Facility and a public - private partnership with the City
of Denton. This study may include a shared facility for a new Visitors Center and other public amenities,
such as a park and parking garage (Estimated Request Amount: $30,000 - $50,000 or more, exact amount
Pending).
Some major reasons for this permanent facility request:
1. We are at maximum capacity at our current location. We are no longer able to handle
accepting most categories of vendors, except agricultural products.
2. Our visitor counts continue to increase, with often 150 -200 visitors at any one time and
a more constant stream of visitors throughout the day from 9AM to IPM. All vendors
have noted increased traffic, increased customer base, and increased sales most weeks.
3. With an increased number of vendors and visitors, the Market is poised to be year -
round.
4. We have long -term goals of participating as part of a multi - purpose public facility that
perhaps includes a Visitors Center, Public Park, and other needed public amenities.
This long -term facility will require the selection and development of an appropriate site. While this is a
major request and for future budget efforts, we believe it is vital to the long -term viability of the DCM.
We appreciate the City's ongoing support in our efforts to maintain and expand this important
community asset. We look forward to our ongoing partnership with the City of Denton and the
community at large.
Sincerely,
Kati Trice, Founder and Co- Coordinator
Vicki Oppenheim, Co- Coordinator and Planner
Denton Community Market Budget Request UU y 23, 2014
Attachment 4
Appendix
Denton Community Market Requested Items 2014 (2014 BUDGET)
Future Proposed Staff Hours
2014 Market Survey (on farmers)
Preliminary Visitor Survey Results, 2014
Denton Community Market Budget Request UU y 23, 2014
Attachment 4
Marketing
Per Item
Season Total
Total
Promotional Printing
- 4 times per year
- 60 posters printed
$84.00
$336.00
- 200 cards printed
$79.00
$316.00
$652.00
Local Member Organizations
- Chamber of Commerce
$220.00
- Denton Main Street Organization
$100.00
- Farm and Ranch Freedom Alliance
$100.00
$420.00
$420.00
Advertising
- Edible DFW
$800.00
$800.00
$800.00
Twilight Tunes
- sponsorship for one week
$375.00
$375.00
$375.00
Market Stickers
- 1500 stickers @ $300.00 per order
$300.00
$600.00
$600.00
Design/ Marketing Total
$2,847.00
Merchandise _
Per Item
Season Total
Total
Market Mugs
- 150 mugs @ $10.00 each
$1,500.00
$1,500.00
$1,500.00
Market Bags
- 100 bags @ $7.00 each
$700.00
$700.00
$700.00
Shirts
- 200 shirts @ $10.00 each
$2,000.00
$2,000.00
$2,000.00
Merchandise Total
$4,200.00
Permitting/ Lease
Per Item
Season Total
Total
Certificate of Occupancy fee
$95.00
$95.00
$95.00
Special Events fee
$30.00
$30.00
$30.00
Reproduction costs of large drawings
$25.00
$25.00
$25.00
City permit fee
$75.00
$75.00
$75.00
Sign permit fee
$75.00
$75.00
$75.00
Permitting/ Lease Total
$300.00
General Market Costs
Per Item
Season Total
Total
Insurance
$350.00
$350.00
$350.00
Email Addresses
$100.00
$100.00
$100.00
Web hosting
$200.00
$200.00
$200.00
Compostable cups
- 1000 cups @ $100.00 per order
$100.00
$300.00
$300.00
Ice for visitor water
- 2 bags each Saturday
$4.00
$140.00
$140.00
P.O. Box
$150.00
$150.00
$150.00
Wayfinding Signage
$600.00
$600.00
$600.00
Portapotties and handwashing station
$3,500.00
$3,500.00
$3,500.00
Awnings
Attachment 4
- three awnings per season
Electricity
- $50.00 each month
Misc Office Needs
- bins, markers, table cloth etc
Volunteer Benefits
- market day drinks + snacks
General Market Costs Total
$150.00
$450.00
$450.00
$50.00
$600.00
$600.00
$500.00
$500.00
$500.00
$1,750.00
$1,750.00
$1,750.00
$8,640.00
Attachment 4
Future Proposed Staff Hours
Coordinator: Kati Trice
- 30 hours /week $31,200.00 $31,200.00 $31,200.00
Coordinator. Vicki Oppenheim
- 20 hours /week $20,800.00 $20,800.00 $20,800.00
$52,000.00
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Attachment 7
City of Denton
FY 2013/14 Council Contingency Fund Expenditures
Requested By
Description
Date Requested
Amount
Balance
Mark Burroughs
101001.7752
$2,500.00
Clluimliis Walls
Coats for Kids Ride
10/28/2013
$213.39
$2,286.61
African Festival
12/12/2013
$300.00
$1,986.61
Startup Weekend Denton
1/22/2014
$148.31
$1,838.30
Park Foundation Splash Park
2/10/2014
$500.00
$1,338.30
Fred Moore Day Nursery
2/10/2013
$250.00
$1,088.30
American Heart Assoc
3/31/2014
$150.00
$938.30
Cinco de Mayo
4/1/2014
$100.00
$838.30
Blues Fest
5/9/2014
$100.00
$738.30
Pete Kamp
101001.7742
$2,500.00
askoin Cuimc oiry
Coats for Kids Ride
10/28/2013
$213.39
$2,286.61
African Festival
12/4/2013
$200.00
$2,086.61
Startup Weekend Denton
1/22/2014
$150.00
$1,936.61
Fred Moore Day Nursery
2/10/2014
$200.00
$1,736.61
Cinco de Mayo
4/1/2014
$100.00
$1,636.61
TEDx Talk
4/30/2014
$120.00
$1,516.61
SCRAP Denton
4/24/2014
$500.00
$1,016.61
Thin Line Film Fest
5/7/2014
$500.00
$516.61
Blues Fest
5/7/2014
$500.00
$16.61
Kevin Roden
101001.7744
$2,500.00
Coats for Kids Ride
10/29/2013
$213.39
$2,286.61
Startup Weekend Denton
1/22/2014
$150.00
$2,136.61
Cinco de Mayo
4/4/2014
$200.00
$1,936.61
TEDx Talk
4/22/2014
$1,000.00
$936.61
Blues Fest
5/14/2014
$200.00
$736.61
Dalton Gregory
101001.7746
$2,500.00
Jo[ vin II'!Zyain
Startup Weekend Denton
1/22/2014
$100.00
$2,400.00
Park Foundation Splash Park
2/4/2014
$250.00
$2,150.00
Fred Moore Day Nursery
2/4/2014
$500.00
$1,650.00
American Heart Assoc
3/31/2014
$50.00
$1,600.00
Cinco de Mayo
4/3/2014
$100.00
$1,500.00
TEDx Talk
4/25/2014
$150.00
$1,350.00
Interfaith Ministries
5/13/2014
$250.00
$1,100.00
Thin Line Film Fest
5/13/2014
$450.00
$650.00
Jim Engelbrecht
101001.7748
$2,500.00
Park Foundation Splash Park
2/4/2014
$500.00
$2,000.00
Fred Moore Day Nursery
2/6/2014
$300.00
$1,700.00
SCRAP Denton
5/2/2014
$200.00
$1,500.00
Denton Air Fair
4/23/2014
$300.00
$1,200.00
Blues Fest
5/14/2014
$200.00
$1,000.00
Joey Hawkins
101001.7750
$2,500.00
Coats for Kids Ride
10/29/2013
$200.00
$2,300.00
African Festival
12/4/2013
$100.00
$2,200.00
Startup Weekend Denton
1/22/2014
$100.00
$2,100.00
Park Foundation Splash Park
2/4/2014
$100.00
$2,000.00
Fred Moore Day Nursery
2/6/2014
$200.00
$1,800.00
American Heart Assoc
3/31/2014
$135.00
$1,665.00
Attachment 7
City of Denton
FY 2013/14 Council Contingency Fund Expenditures
Requested By Description
Date Requested
Amount
Balance
Cinco de Mayo
4/1/2014
$100.00
$1,565.00
SCRAP Denton
5/1/2014
$200.00
$1,365.00
Denton Air Fair
4/23/2014
$200.00
$1,165.00
TEDx Talk
4/24/2014
$200.00
$965.00
Interfaith Ministries
5/13/2014
$200.00
$765.00
Thin Line Film Fest
5/13/2014
$200.00
$565.00
Blues Fest
5/8/2014
$200.00
$365.00
James King 101001.7754
$2,500.00
Cuimc9 oll a soin Interfaith Ministries
5/13/2014
$850.00
$1,650.00
Thin Line Film Fest
5/13/2014
$850.00
$800.00
Grand Total Budget:
$17,500.00
Grand Total Expense:
$13,193.48
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D N71" N
Legislation Text
File #: ID 14 -0373, Version: 1
Agenda Information Sheet
DEPARTMENT: Finance
CM/ ACM: Bryan Langley
Date: August 12, 2014
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, calling an election to be
held on November 4, 2014, within said city on the question of the issuance of $98,175,000 in ad valorem tax
supported public securities for streets, public safety, drainage and parks; making provision for the conduct of
the election; and containing other provisions incidental thereto; and declaring an effective date.
BACKGROUND
On November 19, 2013, the City Council formally created a Citizens Bond Advisory Committee to provide
recommendations on projects to be considered in a November 2014 bond election. The Council appointed fifty
-one (51) members of the public to serve on the Committee, and Mr. Tim Crouch and Mr. Randy Robinson
were appointed as Co- Chairpersons of the Committee.
The Council established a formal charge for the Committee, requesting that the Committee focus on existing
facilities, infrastructure, drainage improvements, and the downtown area. The Council charged the Committee
to specifically consider the reconstruction of Fire Stations No. 3 and No. 4 and $12 million to fund
reconstruction of city streets. The Council also asked that the Committee consider including funding for Public
Art in accordance with the Public Art Policy approved by the Council in 2013.
The Committee convened twelve meetings to discuss the various projects under consideration for the 2014
bond program. The Committee created three subcommittees to explore various service areas in more detail:
Transportation (including drainage), Leisure Services, and Public Facilities. The Subcommittees conducted
tours of various project sites on March 17, 25 and 29.
The Committee also solicited public input through a series of four community meetings held throughout the
city on January 22, January 25, January 27 and February 1, 2014. The Committee published an email address
and phone number to receive suggestions and comments, and all agendas and minutes were published on the
City's website. After extensive review of staff proposals and citizen recommendations, the Committee voted
on May 27 to formally recommend projects to the City Council for consideration, including funding for Public
Art projects.
City of Denton Page 1 of 3 Printed on 8/8/2014
pow[ lod by I ogiFfl ar nvl
File #: ID 14 -0373, Version: 1
As discussed on June 3rd , the Committee is recommending that the bond program be presented to the voters in
four distinct propositions. Specifically, the voters would be asked to consider:
➢ The issuance of $61,710,000 of public securities for Street Improvements.
➢ The issuance of $16,565,000 of public securities for Public Safety Facilities for
Police and Fire Departments.
➢ The issuance of $8,545,000 of public securities for Stormwater Drainage and
Flood Control Improvements.
➢ The issuance of $11,355,000 of public securities for Park System Improvements.
If approved by the voters, the four bond propositions collectively would provide $98,175,000 in financing for
capital improvements. This amount includes $535,000 which would be dedicated to public art initiatives. In
particular, the Committee has recommended that public art funding be dedicated in the following manner:
➢ $30,000 would be reserved for public art related to Street Improvements.
➢ $325,000 would be reserved for public art related to Public Safety Facilities.
➢ $180,000 would be reserved for public art related to Park System Improvements.
Funding for specific art projects, to be indentified later, would be thus restricted to these types of uses, but not
to specific project locations.
With the passage of the attached ordinance, an election regarding the proposed $98.175 million bond issuance
will be scheduled for November 4, 2014. Mr. Greg Schaecher, bond counsel with McCall, Parkhurst, and
Horton, LLP, will also be in attendance at the City Council meeting in case there are any additional legal
questions from the City Council.
PRIOR ACTION /REVIEW (Council, Boards, Commissions)
On October 7, 2013, the City Council discussed the proposed 2014 Bond Program and received a presentation
from City staff regarding the initial project list. The City Council recommended a fifty (50) member Citizen
Bond Advisory Committee with seven appointments by each council member and a committee chair.
On November 5, 2013, the City Council discussed the proposed bond election and appointed members to the
Citizen Bond Advisory Committee.
City of Denton Page 2 of 3 Printed on 8/8/2014
pow[ lod by I ogiFfl ar nvl
File #: ID 14 -0373, Version: 1
On November 19, 2013, the City Council approved a resolution creating a Special Citizen Bond Advisory
Committee and appointed members to the Committee.
On December 3, 2013, the City Council appointed members to the Citizen Bond Advisory Committee.
On December 10, 2013, the City Council appointed members to the Citizen Bond Advisory Committee.
The Citizen Bond Advisory Committee met on the following dates to discuss recommendations for the 2014
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
On May 27, 2014, the Citizen Bond Advisory Committee voted to make a formal recommendation to the City
Council regarding the 2014 bond program.
On June 3, 2014, the Citizen Bond Advisory Committee presented their recommendations to the City Council.
On June 25, 2014, the Citizen Bond Advisory Committee presented their recommendations to the Planning &
Zoning Commission.
On July 15, 2014 the City Council held a discussion regarding the Committee's recommendations.
On August 5, 2014 the City Council held a public hearing concerning the Bond Election and recommended
projects.
EXHIBITS
1. Summary of Recommended Projects
2. Ordinance
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
Prepared by:
Antonio Puente, Jr.
Assistant Director of Finance
City of Denton Page 3 of 3 Printed on 8/8/2014
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s:Alegal \our documents \ordinances \14 \bond election ordinwice O.docx
Exhibit 2
ORDINANCE NO. 2014-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
CALLING AN ELECTION TO BE HELD ON NOVEMBER 4, 2014, WITHIN SAID CITY
ON THE QUESTION OF THE ISSUANCE OF $98,175,000 IN AD VALOREM TAX
SUPPORTED PUBLIC SECURITIES FOR STREETS, PUBLIC SAFETY, DRAINAGE AND
PARKS; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND
CONTAINING OTHER PROVISIONS INCIDENTAL THERETO; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Council (the "City Council ") of the City of Denton, Texas (the
"City ") finds and determines that an election should forthwith be called and held in the City for
the purpose of submitting propositions for the issuance of ad valorem tax supported public
securities for the purposes herein set forth; and
WHEREAS, it is provided in Section 3.004 of the Texas Election Code (the '`Code ") that
the governing body of the City shall order elections pertaining to municipal affairs, give notice
and appoint election officers to hold the election; and
WHEREAS, the City Council finds that the date at which said election shall be held is at
least seventy -eight (78) days after the date this ordinance is adopted; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The statements contained in the preamble to this ordinance are hereby
adopted as findings of fact and as a part of the operative provisions hereof.
SECTION 2. An election shall be held between the hours of 7:00 A.M. and 7:00 P.M. on
November 4, 2014 in the City, for the purpose of submitting to the voters of the City ballot
propositions that authorize the issuance of public securities supported by ad valorem taxes, at the
polling places designated by the Denton County Elections Administrator (the "Elections
Administrator ") in accordance with the provisions of a joint election agreement and contract for
election services with the Elections Administrator (the "Election Services Agreement "), which
the City Manager or an Assistant City Manager is hereby authorized to execute in the name of
the City. The locations of such polling places are set forth in Exhibit A attached hereto. Exhibit
A shall be modified to include additional or different election day polling places designated by
the Elections Administrator and to conform to the Election Services Agreement.
SECTION 3. Early voting shall be conducted by personal appearance at the locations,
dates and times set forth in Exhibit B attached hereto and during the period early voting is
required or permitted by law, being October 20, 2014 through October 31, 2014. Exhibit B shall
be modified to include additional or different early voting locations designated by the Elections
Administrator and to conform to the Election Services Agreement.
SECTION 4. Eligible voters who live in the City may vote on election day and during
the early voting period at any voting center shown in Exhibits "A" and "B ", respectively.
Olegal \our documents \ordinances \14 \bond election ordinance v4.docx
SECTION 5. The Denton County Elections Administrator shall serve as the early voting
clerk in accordance with the terms of an Election Services Agreement. The main Early Voting
polling location for the election for residents of the City shall be at the following address.
Applications for early voting by mail must be received no later than the close of regular business
or 12 noon, whichever is later, on October 24, 2014. Applications for early voting by mail must
be submitted to the following address:
Early Voting Clerk
Denton County Elections Administrator
701 Kimberly Drive
Denton, Texas 76208
SECTION 6. All resident, qualified electors of said City shall be entitled to vote at said
election.
SECTION 7. At said election the following PROPOSITIONS shall be submitted in
accordance with law:
PROPOSITION NO. 1
Shall the City Council of the City of Denton be authorized to issue public
securities of said City, in one or more series or issues, in the aggregate principal
amount of $61,710,000, with the public securities of each such series or issue,
respectively, to mature serially within not to exceed thirty years from their date,
and to be sold at such prices and bear interest at such rates, not to exceed the
maximum rates permitted by law at the respective times of issuance, as shall be
determined within the discretion of the City Council, for the purpose of the
acquisition of property and making improvements for public purposes in said
City, to -wit: constructing, reconstructing, restructuring and extending streets,
roadways, bridges, overpasses, pedestrianways, sidewalks, landscaping,
streetscapes, collectors, storm drains, signalization, signage, other traffic and
signal controls, traffic control and transportation facilities, street lighting and
median improvements; up to $30,000 of such principal amount for acquiring,
constructing and installing public art related to and being part of some or all of the
foregoing; the acquisition of land and interests in land for the foregoing; and
improvements related to the foregoing; and shall said City Council be authorized
to levy and cause to be assessed and collected annual ad valorem taxes in an
amount sufficient to pay the annual interest on said public securities and provide a
sinking fund to pay said public securities at maturity?
PROPOSITION NO. 2
Shall the City Council of the City of Denton be authorized to issue public
securities of said City, in one or more series or issues, in the aggregate principal
amount of $16,565,000, with the public securities of each such series or issue,
respectively, to mature serially within not to exceed thirty years from their date,
Page 2 of 9
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and to be sold at such prices and bear interest at such rates, not to exceed the
maximum rates permitted by law at the respective times of issuance, as shall be
determined within the discretion of the City Council, for the purpose of the
acquisition of property and making improvements for public purposes in said
City, to -wit: constructing, reconstructing, renovating, improving, expanding,
equipping and furnishing public safety facilities for the police department and the
fire department including related utility infrastructure, drainage, landscaping, and
site and access improvements; up to $325,000 of such principal amount for
acquiring, constructing and installing public art related to and being part of some
or all of the foregoing; the acquisition of land and interests in land for the
foregoing; and improvements related to the foregoing; and shall said City Council
be authorized to levy and cause to be assessed and collected annual ad valorem
taxes in an amount sufficient to pay the annual interest on said public securities
and provide a sinking fund to pay said public securities at maturity?
PROPOSITION NO. 3
Shall the City Council of the City of Denton be authorized to issue public
securities of said City, in one or more series or issues, in the aggregate principal
amount of $8,545,000, with the public securities of each such series or issue,
respectively, to mature serially within not to exceed thirty years from their date,
and to be sold at such prices and bear interest at such rates, not to exceed the
maximum rates permitted by law at the respective times of issuance, as shall be
determined within the discretion of the City Council, for the purpose of the
acquisition of property and making improvements for public purposes in said
City, to -wit: constructing, reconstructing, restructuring and installing stormwater
drainage and flood control improvements; related utility relocation and bridge and
street modifications or removal; the acquisition of land, structures and interests in
land for the foregoing; and improvements related to the foregoing; and shall said
City Council be authorized to levy and cause to be assessed and collected annual
ad valorem taxes in an amount sufficient to pay the annual interest on said public
securities and provide a sinking fund to pay said public securities at maturity?
PROPOSITION NO. 4
Shall the City Council of the City of Denton be authorized to issue public
securities of said City, in one or more series or issues, in the aggregate principal
amount of $11,355,000, with the public securities of each such series or issue,
respectively, to mature serially within not to exceed thirty years from their date,
and to be sold at such prices and bear interest at such rates, not to exceed the
maximum rates permitted by law at the respective times of issuance, as shall be
determined within the discretion of the City Council, for the purpose of the
acquisition of property and making improvements for public purposes in said
City, to -wit: constructing, reconstructing, renovating, improving, expanding and
equipping park improvements, including beautification, trails, athletic fields,
water parks, swimming pools, park buildings and recreation facilities; up to
$180,000 of such principal amount for acquiring, constructing and installing
Page 3 of 9
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public art related to and being part of some or all of the foregoing; the acquisition
of land and interests in land for the foregoing; and improvements related to the
foregoing; and shall said City Council be authorized to levy and cause to be
assessed and collected annual ad valorem taxes in an amount sufficient to pay the
annual interest on said public securities and provide a sinking fund to pay said
public securities at maturity?
SECTION 8. The official ballots for said election shall be prepared in accordance with
the Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid
PROPOSITION, with the ballots to contain such provisions, markings and language as required
by law, and with such PROPOSITION to be expressed substantially as follows:
PROPOSITION NO. 1
FOR )
THE ISSUANCE OF $61,710,000 OF PUBLIC SECURITIES
FOR STREET IMPROVEMENTS
AGAINST
PROPOSITION NO. 2
FOR )
THE ISSUANCE OF $16,565,000 OF PUBLIC SECURITIES
FOR PUBLIC SAFETY FACILITIES FOR POLICE AND
AGAINST ) FIRE DEPARTMENTS
PROPOSITION NO. 3
FOR ) THE ISSUANCE OF $8,545,000 OF PUBLIC SECURITIES
FOR STORMWATER DRAINAGE AND FLOOD CONTROL
AGAINST ) IMPROVEMENTS
PROPOSITION NO. 4
FOR )
THE ISSUANCE OF $11,355,000 OF PUBLIC SECURITIES
FOR PARK SYSTEM IMPROVEMENTS
AGAINST )
SECTION 9. In accordance with the Election Services Agreement, the Elections
Administrator, as early voting clerk, shall receive applications for early voting ballots to be voted
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by mail. An early voting ballot board and signature verification committee shall be created to
process early voting results from the election.
SECTION 10. In accordance with the Election Services Agreement, the Elections
Administrator shall appoint the presiding judges for each polling place and the presiding judge of
the early voting ballot board. The presiding judge of the early ballot board, with the assistance
of the Elections Administrator, shall appoint two or more additional members to constitute the
early voting ballot board members and signature verification committee members, as may be
required to efficiently process the early voting ballots.
SECTION 11. In accordance with the Election Services Agreement, the Elections
Administrator shall appoint the presiding election judges, alternate presiding judges and early
voting clerks and deputy early voting clerks for the designated polling places.
SECTION 12. In accordance with provisions of the Code, the Bond Election Ordinance,
as it may be modified in a manner that is consistent with the election notice requirements
applicable to the Election, shall serve as proper notice of the election (the "Notice of Election ").
The City Council hereby directs that the Notice of Election and the Bond Election Ordinance be
posted and published as follows, and it is specifically authorized that the Bond Election
Ordinance may be provided to the Election Administrator who may act on behalf of the City in
posting the Bond Election Ordinance in accordance with the provisions of Section 4.003(f)(1) of
the Code:
(a) The Notice of Election, in both English and Spanish, shall be published on the
same day in each of two (2) successive weeks in a newspaper of general
circulation in the City, the date of the first publication to be not less than fourteen
(14) days nor more than thirty (3 0) days prior to the date of the Election
(b) The Bond Election Ordinance, in both English and Spanish, shall be posted on the
bulletin board at the City Hall of the City used for posting notices of meetings of
the City Council, and at three other public places in the City, not later than the
21st day prior to the date set for the election;
(c) The Bond Election Ordinance, in both English and Spanish, and the Notice of
Election, in both English and Spanish, shall be prominently posted during the 21
days before the election on the City's Internet website; and
(d) The Bond Election Ordinance, in both English and Spanish, shall be posted on
election day and during early voting by personal appearance, in a prominent
location at each polling place.
SECTION 13. In all respects, said election shall be conducted in accordance with the
Texas Election Code and any other applicable laws. The City Secretary is authorized to perform
every act required by the City Charter, the laws of the State of Texas and all other applicable
laws for holding elections.
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SECTION 14. In accordance with Article 9, Sec. 9.02(c)(1) of the City Charter, it is
hereby found and determined that the probable period of usefulness of the proposed
improvements covered by the aforesaid PROPOSITION is 30 years.
SECTION 15. Article 9, Sec. 9.02(c)(6) of the City Charter contains the following
provision and requires this election ordinance to distinctly specify:
"A determination of the net debt of the City after issuance of the
bonds thereby authorized, together with a declaration that the
bonds thereby authorized will be within all debt and other
limitations prescribed by the Constitution and laws of the State of
Texas ".
The determination is hereby made that the net debt of the City after the issuance of the
bonds herein proposed to be submitted will be not more than $495,335,000 and it is hereby
declared that said general obligation bonds will be within all debt and other limitations
prescribed by the Constitution and laws of the State of Texas.
SECTION 16. In accordance with the provisions of Section 3.009(b) of the Code, it is
hereby found and determined that:
(a) The proposition language that will appear on the ballot is set forth in Section 8
hereof.
(b) The purpose for which the bonds are to be authorized is set forth in Section 7
hereof.
(c) The principal amount of the bonds to be authorized is set forth in Sections 7 and 8
hereof.
(d) As set forth in Sections 7 and 8 hereof, if the bonds are approved by the voters,
the City Council will be authorized to levy annual ad valorem taxes on all taxable
property in the City, within the limits prescribed by law, sufficient to pay the
annual principal of and interest on the bonds and provide a sinking fund to pay the
bonds at maturity.
(e) Based upon the bond market conditions at the date of adoption of this Ordinance,
the maximum interest rate for any series of the bonds is estimated to be 5.50% as
calculated in accordance with applicable law. Such estimate takes into account a
number of factors, including the issuance schedule, maturity schedule and the
expected bond ratings of the proposed bonds. Such estimated maximum interest
rate is provided as a matter of information, but is not a limitation on the interest
rate at which the bonds, or any series thereof, may be sold.
(f) As set forth in Section 7 hereof, if the bonds are approved, they may be issued in
one or more series, to mature serially, over a period not to exceed 30 years.
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(g) The aggregate amount of the outstanding principal of the City's debt obligations
which are secured by ad valorem taxes as of the beginning of the City's 2013 -14
fiscal year is $397,160,000.
(h) The aggregate amount of the outstanding interest of the City's debt obligations
which are secured by ad valorem taxes as of the beginning of the City's 2013 -14
fiscal year is $127,570,666.
(i) The ad valorem debt service tax rate for the City for the 2013 -14 fiscal year is
$0.68975 per $100 of taxable assessed valuation.
SECTION 17. The City Manager or an Assistant City Manager are hereby authorized to
correct, modify or change the information in the attached Exhibits based upon the final locations,
dates and times agreed upon by the Elections Administrator and the City as well as incorporate
additional or different voting locations as designated by the Elections Administrator.
SECTION 18. It is hereby officially found and determined that the meeting at which this
ordinance is passed was open to the public as required and that public notice of the time, place,
and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551,
Texas Government Code.
SECTION 19. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
CHRIS WATTS, MAYOR
(-,
BOND ATTORNEYS
Page 7 of 9
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EXHBIT A
ELECTION DAY POLLING PLACES
Aubrey Area Library Stephen Copeland Government Green Valley Baptist Church
226 Countryside Dr., Aubrey, Texas Center 9901 FM 428, Aubrey, Texas
Precinct No. 1005 1400 FM 424, Cross Roads, Texas Precinct No. 1008
Precinct No. 1007
Denton Christian Church
3130 N. Elm St., Denton, Texas
Precinct No. 1009
Denton Fire Station #4
2110 Sherman Dr., Denton, Texas
Precinct No. 1012
Southmont Baptist Church
2801 Pennsylvania Dr., Denton,
Texas
Precinct Nos. 1016, 1017
Pecan Creek Elementary
4400 Lakeview Blvd., Denton,
Texas
Precinct Nos. 1038, 1039, 4012,
4041
Robson Ranch
9501 Ed Robson Blvd., Denton,
Texas
Precinct No. 4003
Trinity Presbyterian Church
2200 N. Bell Ave., Denton, Texas
Precinct No. 4006
Denton Civic Center
321 E. McKinney, Denton, Texas
Precinct Nos. 4009, 4010
Cooper Creek Baptist Church
4582 Fishtrap Rd., Denton, Texas
Precinct No. 1010
Singing Oaks Church of Christ
101 Cardinal Dr., Denton, Texas
Precinct No. 1013
DATCU Credit Union
3210 Teasley Ln., Denton, Texas
Precinct No. 1018
Krum 1SD
12 Gregg Rd., Krum, Texas
Precinct Nos. 4001, 4042
Denia Recreation Center
1001 Parvin St., Denton, Texas
Precinct Nos. 4004, 4037
First Baptist Church of Denton
1100 Malone St., Denton, Texas
Precinct No. 4007
Martin Luther King Jr. Rec. Center
1300 Wilson, Denton, Texas
Precinct No. 4011
Page 8 of 9
Towne North Baptist Church
526 Hercules Ln., Denton, Texas
Precinct No. 1011
McMath Middle School
1900 Jason Dr., Denton, Texas
Precinct Nos. 10 14, 1015, 4014,
4015
Guyer High School
7501 Teasley Ln., Denton, Texas
Precinct Nos. 1019, 4016
Vivian Cockburn Municipal
Building
(Ponder Town Hall)
405 Shaffner St., Ponder, Texas
Precinct No. 4002
North Lakes Recreation Center
2001 W. Windsor Dr., Denton,
Texas
Precinct Nos. 4005, 4038, 4040
Carriage House Assisted Living
1357 Bernard St., Denton, Texas
Precinct Nos. 4008, 4013, 4039
Argyle City Hall
308 Denton St. E, Argyle, Texas
Precinct No. 4017
s:Alegal \our documents \ordinances \14 \bond election ordinance v4.doex
EXHIBIT B
EARLY VOTING SITES AND HOURS
The following early voting locations will ONLY be open the dates and times listed:
Monday— Friday
Saturday
Sunday
Monday— Friday
Steven E Copeland Government Center
1400 FM 424, Cross Roads
Justin Municipal Complex
415 N. College, Justin
Denton County Elections Administration
701 Kimberly Dr., Denton
Lake Dallas City Hall
212 Main Street, Lake Dallas
October 20 -24 8am -5pm
October 25 7am -7pm
October 26 Ipm -6pm
October 27- October 31 7am -7pm
Little Elm Recreation Center
303 Main St., Little Elm
Flower Mound Police and Municipal Court Building
4150 Kirkpatrick, Flower Mound
Frisco Fire Station #7
330 W Stonebrook Pkwy., Frisco
Double Oak Town Hall
320 Waketon, Double Oak
Corinth City Hall
3300 Corinth Pkwy., Corinth
Sanger Church of Christ
400 N. Locust St. Sanger
Svore Municipal Building
100 Municipal Drive, Trophy
Club
Denton Civic Center
321 E. McKinney St., Denton
Lewisville Municipal Annex
1 197 W. Main Street, Lewisville
Carrollton Public Library
4220 N. Josey, Carrollton
Highland Village Municipal Complex
1000 Highland Village Rd., Highland Village
Argyle Town Hall
308 Denton St., Argyle
Pilot Point Senior Center
310 S Washington St., Pilot Point
The Colony Government Center
6301 Main St., The Colony
Krum ISD Administration Buildi
1200 Bobcat Blvd, Krum
Monday —
Friday
October 20
— 24
Sam — 5pm
Saturday
October 25
lam — 7pm
Monday —
Tuesday
October 27
— 28
lam — 7pm
Wednesday
October 29
lam — 5pm
Thursday
— Friday
October 30
— 31
lam — 7pm
Monday —
Friday
October 20
— 24
Sam — 5pm
Saturday
October 25
lam — 7pm
Monday —
Friday
October 27
— 31
lam — 7pm
Monday —
Thursday
October 20
— 23
Sam — 5pm
Sunday
October 26
1 pm — 6pm
Monday —
Friday
October 27
— 31
lam — 7pm
Page 9 of 9
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D N71" N
File #: ID 14 -0424, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Parks and Recreation
CM/ ACM: John Cabrales, Jr.
Date: August 12, 2014
SUBJECT
Consider adoption of an ordinance declaring certain Real Property consisting of a 1.6598 +/- acres and being a
portion of North Lakes Park owned, held, or claimed by the City of Denton, Texas as a Park as excess property;
ordering an election to be held in the City of Denton, Texas, on November 4, 2014, for the purpose of
determining; making findings; providing a repealer clause; providing a severability clause; providing for a
penalty; and providing for publication and an effective date.
BACKGROUND
In the early 1970's the land for North Lakes Park was purchased to provide park and recreation facilities for the
citizens of Denton, as well as providing flood control for the downtown area. Initially the lakes and dam
systems were constructed by the Soil Conservation Service. The softball fields, picnic areas, and soccer fields
were constructed in 1992. Additional recreational facilities have been added over the years culminating into
the park as we know it today.
The City has received a formal request from SSR Group LP (SSR) to exchange /purchase land along the
boundaries of North Lakes Park.
The subject tract for exchange /sale from the City to SSR consists of a 1.6598 acre tract of land that is on the
south west corner of the North Lakes Park boundary, south of the earthen dam embankment, and related
drainage sump area. When the Soil Conservation District constructed the lakes and dams it created an area
between the dam and the southern boundary line of the park. The 1.6598 acre tract of land SSR proposes to
acquire is located south of the dam. In exchange, the proposal also includes that SSR convey a 0.3278 acre
tract to the City, which is adjacent to the present Park boundary. This tract would be incorporated into the
North Lakes Park overall footprint. The 0.3278 acre tract, situated along Riney Road, would likely be used in
concert with the proposed relocation of the Tennis Center to that area of the Park. It is anticipated that there
would also be some monetary consideration paid by SSR to the City, as by staff analysis the contemplated
exchange tracts are not equal. Engagement of a formal real estate appraisal would assist in the determination of
the monetary compensation required for the proposed transaction at hand.
The 1.6598 acre tract of land is "Park" property, and as such, state law requires additional processes to be
followed beyond City Council action, in short, a ballot initiative by the voters of Denton to decide whether or
not to dispose of the subject 1.6598 acre tract, as excess municipal park property. Staff has analyzed the
proposal and the collective thoughts are that the 1.6598 acre tract has no direct functionality with programming
City of Denton Page 1 of 2 Printed on 8/8/2014
pow[ lod by I ogiFfl ar nvl
File #: ID 14 -0424, Version: 1
of the active or passive activities associated with the park proper, a candidate tract for an excess property
finding. Approval of the subject ordinance would declare the 1.6598 acre tract as excess property, and that the
sale of the 1.6598 acre tract be placed on the election ballot November 4, 2014. If approved by the voters the
transaction will be formalized and brought back to City Council for final consideration.
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
N/A
PRIOR ACTION /REVIEW (Council, Boards, Commissions)
City Council Executive Session July 15, 2014
FISCAL INFORMATION
N/A
BID INFORMATION
N/A
EXHIBITS
Exhibit A - Location Map
Exhibit B - Ordinance
Respectfully submitted:
Emerson Vorel,
Director of Parks and Recreation
Prepared by:
Pamela England
Real Estate Specialist
City of Denton Page 2 of 2 Printed on 8/8/2014
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LOCATION MAP
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SALegal\Our Documents \Ordinances \14 \Ordinance Ordering Election on sale of park property.docx
ORDINANCE NO.
AN ORDINANCE DECLARING CERTAIN REAL PROPERTY CONSISTING OF 1.6598 ±
ACRES AND BEING A PORTION OF NORTH LAKES PARK OWNED, HELD OR
CLAIMED BY THE CITY OF DENTON, TEXAS AS A PARK, AS EXCESS PROPERTY;
ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON
NOVEMBER 4, 2014, FOR THE PURPOSE OF DETERMINING; MAKING FINDINGS;
PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY; AND PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, owns, holds or claims as a park certain real property
consisting of 1.6598± acres and being a portion of North Lakes Park, being a tract of land in the
Robert Beaumont Survey, Abstract No. 31, and being a portion of that certain tract conveyed to
Said City of Denton by deed recorded in Volume 647, Page 245, of the Denton County Deed
Records, and more fully described in Attachment A attached hereto; and
WHEREAS, the City of Denton declares the said real property to be excess property, and
WHEREAS, the City of Denton desires, upon receipt of fair market value therefor, to sell
the said real property; and
WHEREAS, Texas Local Government Code Section 253.001(b) states that land, owned,
held, or claimed as a public square or park may not be sold unless the issue of the sale is
submitted to the qualified voters of the municipality at an election and is approved by a majority
of the votes received at the election; and
WHEREAS, the City Council of the City of Denton determined that the matter would be
resolved by the voters of the City of Denton; and
WHEREAS, applicable state law requires this election to be held on the next uniform
election date, November 4, 2014; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The preamble clauses above are incorporated into this Ordinance as though
set forth in full.
SECTION 2. The City Council hereby declares the said real estate to be excess property.
SECTION 3. A municipal election is ordered to be held in the City of Denton, Texas on
Tuesday, November 4, 2014, such date being a uniform election date as defined in Tex. Elec.
Code §41.001, as amended (the "Code "), for the purpose of determining whether to sell the said
real property.
SECTION 4. The form of the ballot shall be substantially as follows:
\ \codad \departments \legal \our documents \ordinances \14 \ordinance ordering election on sale of park property.docx
PROPOSITION REGARDING THE SALE OF CERTAIN REAL PREOPERTY
OWNED, HELD OR CLAIMED AS A PARK
SHALL AN ORDINANCE BE ENACTED AUTHORIZING THE SALE OF REAL
PROPERTY CONSISTING OF 1.6598± ACRES AND BEING A PORTION OF
NORTH LAKES PARK OWNED, HELD, OR CLAIMED AS A PARK AND BEING A
TRACT OF LAND IN THE ROBERT BEAUMONT SURVEY, ABSTRACT NO. 31,
AND BEING A PORTION OF THAT CERTAIN TRACT CONVEYED TO SAID
CITY OF DENTON BY DEED RECORDED IN VOLUME 647, PAGE 245, OF THE
DENTON COUNTY DEED RECORDS?
FOR THE ORDINANCE
AGAINST THE ORDINANCE
SECTION 5. The election and early voting shall be conducted at the time and in the
manner specified in and in accordance with an agreement between the Election Administrator of
Denton County and the City of Denton.
SECTION 6. The manner of holding such election and all questions pertaining thereto
shall be governed by the election laws of the State of Texas.
SECTION 7. Should any provision of this Ordinance be held finally invalid by a Court
of Law, such provision shall be severed from the remaining provisions of this Ordinance and the
remaining provisions shall continue in full force and effect.
SECTION 8. The City Council has found and determined that the meeting at which this
Ordinance is considered is open to the public, and that notice thereof was given in accordance
with provisions of the Texas open meetings law, Tex. Gov't. Code ch. 551, as amended, and that
a quorum of the City Council was present.
SECTION 9. This Ordinance shall become effective immediately upon its passage and
approval.
PRESENTED, PASSED AND APPROVED on the day of ,
2014 at a regular meeting of the City Council of the City of Denton, Texas, by a vote of
ayes and nays at the regular meeting of the City Council of the City of Denton, Texas.
PASSED AND APPROVED this the day of 12014.
CHRIS WATTS, MAYOR
Page 2
\ \codad \departments \legal \our documents \ordinances \14 \ordinance ordering election on sale of park property.docx
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _
t
Page 3
Attachment A
DESCRIPTION OF PROPERTY SURVEYED
SITUATED in the City of Denton and being a tract of land in the ROBERT BEAUMONT SURVEY, Abstract
No. 31, and being a portion of that certain tract conveyed to said City of Denton by deed recorded in
Volume 647, Page 245, of the Denton County Deed Records, and said portion being more fully
described as follows:
BEGINNING at an "RPLS 1640" capped 5/8 "iron rod found in place for the northeast corner of that
certain right -of -way for Bonnie Brae Drive conveyed to said City of Denton by instrument recorded
under Denton County Clerk's File No. 2009 -3362, said point being also in the southerly line of said City of
Denton tract (647/245) and the northerly line of that certain tract conveyed to SSR Group by
instrument recorded under Clerk's File No. 2013- 125701;
THENCE North 0 degrees, 34 minutes, 55 seconds East with the present east line of said Bonnie Brae
Drive, across a portion of said City of Denton tract (647/245), 264.58 feet to an "RPLS 1640" capped
5/8" iron rod set for corner;
THENCE South 44 degrees, 25 minutes, 05 seconds East, departing said east line of Bonnie Brae Street,
crossing a portion of said City of Denton tract (647/245), 14.14 feet to an angle point, from which point
an "RPLS 1640" capped 5/8" iron rod set for reference bears North 87 degrees West, 1.1 1 feet;
THENCE continuing across said City of Denton tract (647/245), the following courses and distances:
South 89 degrees, 25 minutes, 05 seconds East, 10.0 feet to an "RPLS 1640" capped 5/8"
iron rod set for the beginning of a curve whose center bears South 0 degrees, 34 minutes,
55 seconds West, 190.0 feet;
easterly with said curve, a distance of 45.36 feet to an "RPLS 1640" capped 5/8" iron rod
set for the end of said curve;
South 75 degrees, 45 minutes, 30 seconds East, 32.30 feet to an "RPLS 1640" capped 5/8"
iron rod set for the beginning of a curve whose center bears North 14 degrees, 14
minutes, 30 seconds East, 200.0 feet;
easterly with said curve, a distance of 90.98 feet to an "RPLS 1640" capped 5/8" iron rod
set for the end of said curve;
North 78 degrees, 11 minutes, 30 seconds East, 44.03 feet to the beginning of a curve
whose center bears South 11 degrees, 48 minutes, 30 seconds East, 1500.0 feet;
easterly with said curve, a distance of 329.06 feet to the end of said curve;
South 89 degrees, 14 minutes, 20 seconds East, 42.06 feet to a point in the southerly line of
said City of Denton tract (647/245) and the northerly line of that certain tract conveyed
to the SSR Group, LP, by deed recorded under County Clerk's File No. 20113-125702;
city of denton page 2
THENCE South 65 degrees, 07 minutes, 15 seconds West with said southerly line of City of Denton tract
(647/245) and northerly line of said SSR Group tract described in instrument in Clerk's File No. 2013-
125702 and continuing with the northerly line of said SSR Group tract described in instrument in Clerk's
File No. 2013- 125701, in all 662.45 feet to the PLACE OF BEGINNING, and containing 1.6598 acres
(72,302 square feet).
This description prepared to accompany a survey map of the described tract.
The base bearing for this tract is the bearing along the easterly line of 1 -35 nearby,
transferred to this site as a part of a uniform bearing basis for several properties.
The subject property was a part of those associated properties and the bearing
established with monumentation on this property. The noted monumentation
along 1 -35 is no longer in place at the time of this survey.
GERRY CURTIS ASSOCIATES, INC., Surveyors
TBPLS Firm No. 10081300
Gerald A. Curtis, RPI.S
Texas Registration No. 1640
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
1 EN71" N
File #: ID 14 -0421, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Planning and Development
CM/ ACM: John Cabrales, Jr.
Date: August 12, 2014
SUBJECT
Consider approval of a resolution creating an ad hoc City Council committee to interface with the Historic
Landmark Commission and review the operations, procedures, powers, duties, policies and regulations related
to historic landmark preservation and historic districts in the City of Denton, Texas and to advise the City
Council with regard to these matters; and providing an effective date.
BACKGROUND
The Historic Landmark Commission (HLC) was created in April 1980, by Ordinance No. 80.030 (Exhibit 1) to,
among other things, protect, enhance and perpetuate historic landmarks which represent or reflect distinctive
and important elements of the City's and state's architectural, archaeological, cultural, social, economic, ethnic
and political history and to develop appropriate settings for such places. The enabling language also includes
the composition of the nine member committee and states that the HLC shall include at least one representative
from each of the following organizations or professions:
County Historical Commission;
The County Bar Association;
• Certified Public Accountant;
• registered Architect;
An owner of real property in the City.
For some time, the structure of the HLC has not met this requirement. As staff has continued their interaction
with the HLC, it has become apparent that updates and amendments to the Denton Development Code (DDC)
are warranted to ensure that the DDC aligns with the goals and objectives of the HLC and the vision and
direction of the City Council.
Since its adoption, there has not been a significant review of the ordinance adopting the HLC. Over the past
year, the HLC has dealt with broad issues that overlap with city wide policies, goals, and objectives. The HLC
has expressed their desire to expand their role in the review of properties on the downtown square which are a
part of the National Registry of Historic Places (Exhibit 2) and not a local designation. Subsequently, the HLC
has been developing, for implementation, an historic overlay district for the downtown to identify historic
properties and historic elements of the downtown that should be preserved.
City of Denton Page 1 of 3 Printed on 8/8/2014
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File #: ID 14 -0421, Version: 1
More recently, the HLC reviewed a request for the installation of solar panels on historic structures that was
subsequently denied. The basis for the denial was HLC's concerns about the location of the solar panel on the
section of the roof visible from public view. In addition, the Commissioners were concerned that there are
inadequate design guidelines for installation of solar panels in historic designated areas of the City and approval
of the request could set precedent with no established guidelines.
Staff has been meeting with the neighborhood to develop policies for solar panels that will develop into a DDC
amendment. This issue highlights the need for an update to the HLC Ordinance as the City Strategic Plan notes
the preservation and maintenance of historic structures and culture in Denton as a goal, as does the City
Sustainability Plan that cites improvement to the energy efficiency of existing homes and buildings as a goal.
The City of Denton is a Certified Local Government (CLG) which means it has met the criteria for eligibility
by the National Historic Preservation Act of 1966, the National Park Service, and Chapter 15.6 of the Texas
Administrative Code. A benefit of the CLG is access to historic preservation fund grants to develop programs
and services for local historic preservation. The City has executed a Certification Agreement with the Texas
Historical Commission (Exhibit 5) that carries its own requirements that must be met to maintain the
certification. A review of the HLC Ordinance would allow a concurrent review of the Texas Administrative
Code requirements for a CLG (Exhibit 6) to ensure consistency.
On April 4, during the Historic Landmark Commission (HLC) Work Session, Council Member Roden
presented a proposal to create a Council Committee to explore policies and visions for Historic Preservation in
the City. The Council Committee would open lines of communications between the HLC and Council and
create collaboration on how to best address HLC issues.
During the Council Work Session, the HLC presented several policies they believed warranted consideration
for discussion by the Council Committee. The topics proposed for discussion included: aesthetic issues
associated with the use of Solar Energy within Historic Districts; creation of a downtown overlay district;
adopting elements of strategic planning and establishing annual goals as part of the Preservation Plan update;
increasing inventory of landmark and historic structures; developing economic incentives for historic
preservation; and balancing historic preservation interests with Economic Development.
Council Member Roden also discussed the potential use of a citizen committee of stakeholders, as needed, on
the implementation of Historic Preservation initiatives. The citizen committee could be created to participate on
a specific issue or several issues. The citizen's committee would also be part of public education campaign to
better communicate historic preservation initiatives to the community.
The HLC expressed some concern with the creation of an additional Council Committee on Historic
Preservation despite the identified benefits. The concern arises from the belief that the creation of another
Council Committee adds another layer of governance between the HLC and City Council and may increase the
potential for conflicts. Moreover, the use of a citizen's committee may pose problems due to their potential lack
of knowledge of historic preservation initiatives and local efforts to expand historic preservation.
On July 29, the City Council was briefed on the April 4 HLC Work Session discussion for the creation of an ad
hoc Council Committee. Following the discussion, Council directed staff to bring forward a resolution for their
consideration. As proposed, the Committee will be composed of three members of the City Council to be
appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will
provide guidance and assistance to the Committee and be responsible for insuring that records are maintained in
accordance with the requirements of the City Secretary's Office. The Committee members shall serve at the
City of Denton Page 2 of 3 Printed on 8/8/2014
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File #: ID 14 -0421, Version: 1
pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City
Council.
Upon completion of the assigned tasks, the City Council Historic Landmark Committee shall be dissolved
without further action of the City Council.
OPTIONS
1. Approve the resolution as proposed creating an Ad Hoc Council Committee
2. Approve the resolution with amendments to create an Ad Hoc Council Committee
3. Postpone action on this item
PRIOR ACTION /REVIEW (Council, Boards, Commissions)
April 15, 2014 - City Council Work Session
July 29, 2014 - City Council Work Session
EXHIBITS
1. Ordinance 80.030 - Adoption of Historic Landmark Commission
2. National Registry of Historic Places - Denton County Courthouse Square
3. Resolution creating an Ad Hoc City Council Committee
Respectfully submitted:
Brian Lockley
Director, Planning and Development
City of Denton Page 3 of 3 Printed on 8/8/2014
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Exhibit I
Ordinance No. 80 -030
NO �ft - 30
AN ORDINANCE AMENDING APPENDIX B OF THE CODE OF ORDINANCES, THE
COMPREHENSIVE ZONING ORDINANCE, OF THE CITY OF DENTON, TEXAS,
BY ADDING TO APPENDIX B A NEW ARTICLE 28A ENTITLED "ARTICLE 28A
HISTORIC LANDMARK PRESERVATION ", DEFINING THE TERM HISTORIC
LANDMARK, CREATING A HISTORIC LANDMARK COMMISSION AND PROVIDING
FOR ITS POWERS AND RESPONSIBILITY, PROVIDING FOR THE DESIGNA-
TION OF HISTORIC LANDMARKS BY THE CITY AND ESTABLISHING
CRITERIA FOR USE IN DETERMINING HISTORIC LANDMARK DESIGNATIONS,
REGULATING THE REPAIR, REMOVAL AND DEMOLITION OR REMOVAL OF
HISTORICAL LANDMARKS, DEFINING THE POWERS AND AUTHORITY OF THE
PLANNING AND ZONING COMMISSION OVER HISTORIC LANDMARKS AND OF
THE CITY COUNCIL, PROVIDING THAT HISTORIC LANDMARK DESIGNATIONS
SHALL NOT AFFECT PRESENT ZONING USES, PROVIDING A PENALTY
WHEREAS, the City of Denton, Texas has a history and a
heritage unique and different from any other City in Texas
which is worthy of civic pride and preservation, and
WHFREAS, the City Council recognizes its responsibility to
preserve and protect places and areas in the City of historical
and cultural importance and significance for the general
welfare of the community,
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAINS
SECTION I
Appendix B of the Code of Ordinances of the City of Denton,
Texas, the Comprehensive Zoning Ordinance of the City of
Denton, is hereby amended by adding to Appendix B a new Article
28A to hereafter read as follows
ARTICLE 28A HISTORIC LANDMARK PRESERVATION
Section 28A -1 "HISTORIC LANDMARK" DEFINED
As used in this article, the term "historic landmark" shall
mean any building, structure, site, district, area, or land of
architectural, historical, archaeological or cultural
importance or value, which the city council determines shall be
protected, enhanced, and preserved in the interest of the
culture, prosperity, education and general welfare of the
people
Section 28A -2 DECLARATION OF POLICY
The city council hereby finds and declares as a matter of
public policy that the protection, enhancement, preservation
and use of historic landmarks is a public necessity and is
required in the interest of the culture, prosperity, education
and general welfare of the people The purposes of this
chapter are
(a) To protect, enhance and perpetuate historic landmarks
which represent or reflect distinctive and important elements
of the city's and state's architectural, archaeological,
cultural, social, economic, ethnic and political history and to
develop appropriate settings for such places
(b) To safeguard the city's historic and cultural
heritage, as embodied and reflected in such historic landmarks
by appropriate regulations
(c) To stabilize and improve property values in such
locations
(d) To foster civic pride in the beauty and accomplish-
ments of the past
(e) To protect and enhance the city's attractions to
tourists and visitors and provide incidental support and
stimulus to business and industry
(f) To strengthen the economy of the city
(g) To promote the use of historic landmarks for the
culture, prosperity, education, and general welfare of the
people of the city and visitors of the city
Section 28A -3 HISTORIC LANDMARKS- DESIGNATION
The city council may designate buildings, structures,
sites, districts, areas and lands in the city as historic
landmarks and define, amend and delineate the boundaries
thereof The suffix "H" shall indicate the zoning designation
of those buildings, structures, sates, districts, areas and
lands which the city council designate as historic landmarks
Such designation shall be in addition to any other use
designation established in the comprehensive zoning ordinance
The zoning map shall relfect the designation of a historic
landmark by the letter "H" as a suffix to any other use
PAGE 2
M
designation established under the comprehensive zoning
ordinance
Section 28A -4 SAME- CRITERIA TO BE USED IN DESIGNATIONS
In making such designations as set forth in Section 28A -3,
the City council shall consider, but shall no be limited to,
one or more of the following criteria
(a) Character, interest or value as part of the develop-
ment, heritage or cultural characteristics of the City of
Denton, State of Texas, or the United States
(b) Recognition as a recorded Texas historic landmark, a
national historic landmark, or entered into the National
Register of Historic Places
(c) Embodiment of distinguishing characteristics of an
architectural type or specimen
(d) Identification as the work of an architect or master
builder whose individual work has influenced the development of
the city
(e) Embodiment of elements of architectural design,
detail, materials or craftsmanship which represent a
significant architectural innovation
(f) Relationship to other distinctive buildings, sites or
areas which are eligible for preservation according to a plan
based on architectural, historic or cultural motif
(g) Portrayal of the environment of a group of people in
an area of history characterized by a distinctive architectural
style
(h) Archaeological value in that it has produced or can be
expected to produce data affecting theories of historic or
prehistoric interest
(i) Exemplification of the cultural, economic, social,
ethnic or historical heritage of the city, State or United
States
PAGE 3
(j) Location as the site of a significant historic event
(k) Identification with a person or persons who
significantly contributed to the culture and development of the
city, State or United States
(1) A building or structure that because of its location
has become of value to a neighborhood, community area, or the
city
(m) Value as an aspect of community sentiment or public
pride
Section 28A -5 HISTORIC LANDMARK COMMISSION- CREATED
(a) There is hereby created a commission to be known as
the Historic Landmark Commission of the City of Denton, here-
inafter called the "landmark commission," composed of nine
members appointed by the city council The landmark commission
shall include at least one representative from each of the
following organizations or professions
(1) Denton County Historical Commission
(2) The Denton County Bar Association
(3) An Architect
(4) A Certified Public Accountant
(5) An owner of real property in the City
(b) The other members of the landmark commission shall be
appointed from such other individuals and organizations as the
city council may in its discretion wish to consult or consider,
provided that no one business or professional interest shall
constitute a majority membership of the commission
(c) Members of the landmark commission shall be appointed
for two year terms, except that the original representatives
from the five fields of expertise shall serve for a term of two
years, and all other original members of the landmark
commission shall be appointed for a one year term Thereafter
all members of the landmark commission shall be appointed for
two year terms Vacancies in an unexpired term shall be filled
by the city council for the remainder of the term
PAG E 4
(d) In addition to the nine members appointed by the city
council, the following persons or their designates shall sit on
the landmark commission as ex officio members
1 The Director of Planning of the City of Denton
2 The Building Official of the City of Denton
3 The Chairman of the Denton County Historical
Commission
(e) None of the ex officio members shall have voting
power, but shall assist the landmark commission in its various
functions
(f) The landmark commission shall meet as often as
necessary to dispose of the business of the commission or upon
call by the commission chairman or upon petition of a simple
majority of commission members Five members present shall
constitute a quorum for the transaction of business and all
issues shall be decided by a majority of those members present
and voting, except that in those instances where only a quorum
of five is present at a meeting, all issues shall be decided by
at least four affirmative votes The commission shall adopt
appropriate rules and regulations for the conduct of its
business and the election of its chairman and other officers
The minutes of each meeting shall be filed in the office of the
city secretary
(g) The city attorney shall be the legal advisor for the
Historic Landmark Commission
(h) The fact that one or more representatives from the
five fields of expertise may not at any given point be a member
of the landmark commission, for whatever reason or reasons,
shall not affect the validity of any decision or act of the
commission
Section 28A -6 SAME - FUNCTION
(a) The landmark commission shall thoroughly familiarize
itself with buildings, structures, sites, districts, areas and
lands within the city which may be eligible for designation as
PAG E 5
historic landmarks and shall prepare an historic landmark
preservation plan, hereinafter referred to as the "preservation
plan," which shall
(1) Establish criteria to be used in determining
whether certain buildings, structures, sites, districts, areas,
lands and other objects should be designated as historic
landmarks
(2) Establish guidelines to be used in determination
of whether to grant or deny certificates of appropriateness and
certificates of demolition or removal
(3) Formulate a program for private and public action
which will state the role of various city agencies in
preservation of historic landmarks
(4) Suggest sources of funds for preservation and
restoration activities and acquisitions, to include federal
sources, state sources, private and foundation sources, as well
as municipal sources
(5) Recommend to the proper agencies incentives
designed to encourage historical preservation
(b) The preservation plan shall be presented to the city
planning commission for consideration and recommendation to the
city council for inclusion in the comprehensive plan of the
city
(c) The landmark commission shall recommend to the city
planning commission ordinances designating certain buildings,
structures, sites, districts, areas and lands in the city as
historic landmarks The landmark commission shall hold a
public hearing on all proposed ordinances and the owner of any
land included in the proposed ordinance shall be given at least
ten days written notice of the public hearing
PAGE 6
(d) If the landmark commission finds that buildings,
structures, sites, districts, lands or areas cannot be
preserved without acquisition, the landmark commission may
recommend to the city council that the fee or a lesser interest
of the property in question be acquired by gift, devise,
purchase, eminent domain or otherwise, pursuant to the city
charter and state and federal law
(e) Where there are conditions under which the required
preservation of a historic landmark would cause undue hardship
on the owner or owners, use district changes may be recommended
by the landmark commission
(f) The designation of a historic landmark may be amended
or removed using the same procedure provided in this article
for the original designation
(g) The landmark commission shall provide information and
counseling to owners of designated historic landmarks
Section 28A -7 ACTION BY THE CITY PLANNING COMMISSION
(a) The city planning commission shall hold public
hearings as provided for in Article 1011f, Vernon's Annotated
Texas Statutes, to consider any historical landmark designation
ordinance after receiving a recommendation for the landmark
commission The notices provided for in Article 1011f shall be
sent to all owners of property which is proposed for "H"
designation as well as to the adjoining property owners
specified in said article
(b) Within thirty days after the hearing, the city
planning commission shall set forth in writing its recommen-
dation, including the findings of fact that constitute the
basis for its decision, and shall transmit its recommendation
concerning the proposed ordinance to the city council along
with the recommendation of the landmark commission
Section 28A -8 RECORDING OF DESIGNATION
Upon passage of a historic landmark designation ordinance,
by the City Council, the city secretary shall file a copy of
PAGE 7
the ordinance with City and Denton County Tax Assessors
together with a notice briefly stating the fact of the
designation and shall send a copy of such notice to the owner
or owners of the affected property by certified mail
Section 2BA -9 EXTERIOR ALTERATIONS AND CHANGES- CERTIFICATE
OF APPROPRIATENESS, ORDINARY REPAIR OR
MAINTENANCE, APPEAL
No person or entity shall construct, reconstruct, alter,
change, restore, remove or demolish any exterior architectural
feature of a designated historic landmark unless application be
made to the landmark commission for a certificate of
appropriateness and such a certificate be granted As used in
this article, the term "exterior architectural feature" shall
include but not be limited to architectural style and general
arrangement of such portion of the exterior of a structure as
is designed to be open to view from a public way
(a) Procedure when building permit is required
(1) When applying for a building permit for the
exterior of a designated historic landmark, the applicant shall
submit two copies of all detailed plans, elevations, perspec-
tives, specifications and other documents pertaining to the
work to the building official, who shall forward such
application to the commission chairman Any applicant may
appear at a regular or special meeting of the landmark
commission before submitting an application and may consult
with said commission during the review of the permit
application
(2) The landmark commission, upon ten days written
notice to the applicant, shall hold a hearing on the appli-
cation Upon review of the application, if the landmark
commission finds the proposed work of a nature which will not
adversely affect any significant architectural or historical
feature of the designated historic landmark, and is appropriate
PAGE 8
and consistent with the spirit and purposes of this article, it
shall forward a certificate of appropriateness to the building
official after the public hearing and the building official
shall so advise the applicant after the certificate is received
(3) I£ the landmark commission finds that the pro-
posed work will adversely affect or destroy any significant
architectural or historical feature of the designated historic
landmark or is inappropriate or inconsistent with the spirit
and purposes of this article, it shall notify the building
official that the application has been disapproved and shall
notify the applicant of the disapproval and of the changes in
the application which are necessary to secure the approval of
the application
(4) If no action has been taken by the landmark
commission within sixty days of original receipt by the
landmark commission, a certificate of appropriateness shall be
deemed issued by the landmark commission, and the building
official shall so advise the applicant
(5) No change shall be made in the application for any
building permit after issuance of a certificate of appropriate-
ness without resubmittal to the landmark commission and
approval thereof in the same manner as provided above
(6) After a decision is reached by the landmark
commission denying an application for a certificate of appro-
priateness, a resubmittal of application will not be accepted
for additional hearing within a twelve -month period from the
date of final decision except upon written request by the
applicant indicating that there has been a change in conditions
or that all changes in the application as recommended by the
landmark commission have been made
(b) Procedure when building permit is not required
(1) Those proposed exterior changes and alterations
not requiring a building permit shall be submitted in writing
PAGE 9
directly to the historic landmark commission for a cert£icate
of appropriateness which must be granted before such work can
be undertaken
Applicant shall submit a copy of all proposed alterations
and changes to the commission The application must
specifically describe the alteration or change proposed Any
applicant may appear at a regular or special meeting of the
landmark commission before submitting an application and may
consult with said commission during the review of the
application
(2) The landmark commission, upon ten days written
notice to the applicant, shall hold a hearing on the
application Upon review of the application, if the landmark
commission finds the proposed work of a nature which will not
adversely affect any significant architectural or historical
feature of a designated historic landmark and is appropriate
and consistent with the spirit and purposes of this article, it
shall forward a certificate of appropriateness to the applicant
within thirty days of the receipt of said application
(3) If the landmark commission finds that the pro-
posed work will adversely affect or destroy any significant
architectural or historical feature of the designated historic
landmark or is inappropriate or inconsistent with the spirit
and purposes of this article, it shall notify the applicant
within thirty days of receipt of said application that the
application has been disapproved and shall include in such
notification the changes necessary to secure approval of the
application
(4) If no action has been taken by the landmark
commission within sixty days of the receipt of the application,
a certificate of appropriateness shall be deemed issued by the
landmark commission
PAGE 10
(5) No change shall be made in the application for
issuance of a certificate of appropriateness without
resubmittal to the landmark commission and approval thereof in
the same manner as provided above
(6) After a decision is reached by the landmark
commission denying an application for certificate of
appropriateness, a resubmittal of application will not be
accepted for additional hearing within a twelve month period
from the date of final decision except upon written request by
the applicant indicating that there has been a change in
conditions or that all changes in the application as
recommended by the landmark commission have been made
(c) Ordinary repair or maintenance
Ordinary repair or maintenance which does not involve
changes in architectural and historic value, style or general
design is exempt from the provisions of this section
(d) Appeal
Any applicant or interested person aggrieved by a
ruling of the landmark commission under the provisions of this
section may, within thirty days after the date of such ruling,
appeal to the city council
Section 28A -10 HISTORIC LANDMARKS - DEMOLITION OR REMOVAL
(a) If an application is received for demolition or
removal of a designated historic landmark, the building
official shall immediately forward the application to the
landmark commission The landmark commission shall hold a
public hearing on the application within thirty days after the
application is initially filed with the building official The
applicant shall be given ten days written notice of the
hearing The landmark commission shall consider the state of
repair of the building, the reasonableness of the cost of
restoration or repair, the existing and /or potential
usefulness, including economic usefulness of the building, the
purposes behind preserving the structure as a historic
PAGE 11
landmark, the character of the neighborhood, and all other
factors it finds appropriate If the landmark commission
determines that in the interest of preserving historical
values, the structure should not be demolished or removed, it
shall notify the building official that the application has
been disapproved, and the building official shall so advise the
applicant within five days therefrom If the landmark commis-
sion determines that the interest of preserving historical
values will not be adversely affected by such demolishment or
removal or that the interest of preserving historical values
can best be served by the removal of a structure to another
specified location, it shall issue its certificate of
demolition or its certificate of removal, as may be appro-
priate, to the building official, and the building official
shall so advise the applicant within five days therefrom
(b) If no action has been taken by the landmark commission
within sixty days of original receipt by the landmark commis-
sion of the application, a certificate of demolition or a
certificate of removal shall be deemed issued by the landmark
commission and the building official shall so advise the
applicant
(c) After a decision is reached by the landmark commission
denying an application for a certificate of demolition or a
certificate of removal, a resubmittal of application for such a
certificate will not be accepted for additional hearing within
a twelve -month period from the date of final decision
(d) Any applicant or the owner of any property located
within three hundred feet of any landmark who is aggrieved by a
ruling of the landmark commission concerning same landmark
under the provision of this section may, within sixty days
after the ruling of the landmark commission, appeal to the city
council Following a public hearing to be held within thirty
days of the filing of a notice of such appeal with the city
secretary, the city council may, by a simple majority vote,
PAGE 12
uphold or overturn any ruling of the landmark commission made
pursuant to this section
Section 28A -11 PROCEDURE FOR OBTAINING BUILDING PERMIT,
REMOVAL PERMIT, DEMOLITION PERMIT AND FOR
ALTERING THE EXTERIOR OF A BUILDING OR
STRUCTURE DURING PENDENCY OF CONSIDERATION
OF SUCH BUILDING OR STRUCTURE AS A HISTORIC
LANDMARK OR AS PART OF A HISTORIC LANDMARK
(a) From and after the date on which the question of
whether or not any building, structure, or site within the City
should be designated as a historic landmark is placed upon the
agenda for any special or regular meeting of the landmark
commission, or from and after the date on which such agenda is
posted in accordance with the provision of Article 6252 -17,
V A T C S , as amended, or from and after the date that the
landmark commission approves or recommends a preservation plan
or any amendment of any existing preservation plan which
embraces or includes the building, structure, or site within
the city, whichever date first occurs, no building permit
allowing the construction, reconstruction, alteration, change,
restoration, removal or demolition of any exterior
architectural feature of any building or structure than
existing including or embraced in whole or in part within the
scope of such agenda consideration or such preservation plan or
such amendment thereof, as the case may be and no permit
allowing the demolition or removal of all or any part of any
such building or structure may be issued by any official of the
city, nor if no such permit is required, may any person or
entity construct, reconstruct, alter, change, restore, remove
or demolish any exterior architectural feature of any such
building or structure, until the earliest of the following
conditions have been met
(1) A final and binding certificate of appropriate-
ness, removal or demolition, as may be appropriate, has been
issued by the landmark commission,
(2) The landmark commission fails to make a recommen-
dation that some part or all of any such building or structure
PAGE 13
be designated a historic landmark or be included within a
historic landmark or within a preservation plan or an amendment
thereof within sixty days following the earliest of the above
described dates activating this section application under the
circumstances, or,
(3) A final and binding decision has been made by the
city council that no part of any such building or structure
shall be designated a historic landmark or shall be included
within any designated historic landmark Provided, however,
that should the city council fail to act within ninety days
from the date an appeal is filed, the requested permit shall be
granted The ninety day time limitation may be waived by the
appellant to allow the city council an additional thirty days
in which to act
(b) It shall be the duty of the landmark commission to
furnish the building official with a copy or written notice of
each such written order or such agenda or such preservation
plan or amendment thereof, as the case may be, as promptly
after the preparation thereof as is practicable The failure
to so furnish the building official with a copy or written
notice thereof, however, shall not have the effect of
validating any building permit, removal permit or demolition
permit issued in ignorance of any such written order or
agenda In any instance in which any such permit may not be
required, it shall be the duty of the landmark commission to
give notice of any such written order or such agenda or such
preservation plan or amendment thereof to the owner or owners
of any building or structure included within the scope thereof,
which notice shall be deemed complete when actually given,
orally or in writing, to such owner or owners, or when written
notice thereof is deposited in the United States mail, postage
prepaid, certified or registered, with return receipt
requested, addressed to such owner or owners, whichever event
first occurs
PAGE 14
(c) Any permit issued to any person or entity from or
after the date of any such written order, or such agenda, or
the approval or recommendation of such preservation plan or
amendment thereof, as the case may be, shall be null, void and
of no force or effect until the earliest of the events
described in subparagraphs (1), (2) and (3) of subsection (a)
next above to occur
(d) Notwithstanding any other provision of this chapter,
no building permit, removal permit or demolition permit shall
be issued by the building inspector for any structure located
in a National Register District except as authorized by the
subsection The building inspector shall notify the landmark
commission immediately of any application requesting a building
permit, removal permit or demolition permit for a structure
located in a National Register District No such permit shall
be issued by the building inspector before the landmark
commission has made a recommendation or scheduled the structure
on its agenda or before the expiration of forty (40) calendar
days, whichever is sooner If a structure is made an agenda
item, it shall be scheduled for a public hearing as soon as
adjacent property owners are notified For purposes of this
subsection, "National Register District" is defined as a
designated area possessing a significant concentration, linkage
or continuity of sites, building structures or objects which
are separated geographically but are linked by association or
history, provided, that no area may be considered a National
Register District for purposes of this subsection unless it has
been designated in the Federal Register pursuant to the
National Preservation Act of 1966, as amended, prior to the
effective date of this amendment, and until maps depicting such
area are made available for inspection by the public in the
office of the Building Inspection Department Notwithstanding
any provision hereof, this section shall not apply to
geographical areas designated as historic districts under the
provisions of this ordinance
PAGE 15
Section 28A -12 SAME- OMISSION OF NECESSARY REPAIRS
(a) The exterior of a designated historic landmark shall
be maintained to insure the structural soundness of such
landmark
(b) If the landmark commission finds that there are
reasonable grounds to believe that a designated historic
landmark is structurally unsound or in imminent danger of
becoming structurally unsound, the landmark commission shall
notify in writing the owner of record of the designated
historic landmark of such fact
(c) Upon the giving of ten days written notice to the
owner of record of such designated historic landmark, the
landmark commission shall hold a public hearing to determine if
the designated historical building is structurally unsound or
in imminent danger of becoming structurally unsound The
landmark commission's report may include evidence of economic
hardship or willful neglect
(d) At the conclusion of the hearing, if the landmark
commission finds that the designated historic building is
structurally unsound or in danger of becoming structurally
unsound and that no valid reason exists as to why the owner
cannot or should not undertake to safeguard the structural
soundness of the building, it shall in writing notify the
record owner of the finding
(e) The owner of record of a designated historic landmark
who has been notified by the landmark commission that such
landmark is structurally unsound or in danger of so becoming
shall within ninety days of receipt of such notice, satisfy the
historic landmark commission that reasonably necessary repairs
to safeguard the structural soundness of the landmark have been
effected
(f) If the landmark commission determines that the
building is structurally unsound but there are valid reasons
why the owner cannot or should not undertake to safeguard the
structural soundness of the building, it shall forward to the
PAGE 16
city council its recommendation as to what action, if any,
should be taken on the structure
(g) Any applicant or interested person aggrieved by a
ruling of the landmark commission under the provisions of this
section may, within thirty days after the date of such ruling,
appeal to the city council
Section 28A -13 HISTORIC LANDMARK DESIGNATION TO
COEXIST WITH OTHER USE CLASSIFICATIONS
Use classifications as to all property which may be
included in a historic landmark designation shall continue to
be governed by the comprehensive zoning ordinance of the city
and the procedures therein established
Section 28A -14 HISTORIC DISTRICTS DEFINED, RESTRICTIONS
IMPOSED THEREIN, CRITERIA FOR DISTRICT
BOUNDARIES ESTABLISHED, REQUISITES FOR
APPLICATIONS FOR DISTRICTS SET FORTH,
CRITERIA FOR EVALUATING SAME PROVIDED,
DISTRICT PRESERVATION PLANS DEFINED, MIS-
CELLANEOUS ADMINISTRATIVE REQUIREMENTS OF
LANDMARK COMMISSION SET FORTH, PROCEDURE
FOR MODIFICATION OF ORDINANCE PROVISIONS
ESTABLISHED
(a) DEFINITION Districts which may be designated
Historic Landmarks pursuant to Section 28A -1 shall herein be
referred to as "HISTORIC DISTRICTS" and shall mean
geographically definable areas, possessing significant
concentration, linkage, or continuity of buildings, structures,
sites, areas or land which are united by architectural, his-
torical, archaelogical, or cultural importance or significance
(b) RESTRICTIONS All buildings, structures, sites, areas
or lands located with a designated historic district, whether
individually designated historic or not, are subject to these
regulations No person or entity shall construct, reconstruct,
alter, change, restore, remove or demolish in any way the
exterior features of such building, structure, or site, area or
land until a permit has been granted by the building official
of the City of Denton Furthermore, no public improvements,
including, but not limited to, street construction, signs,
lighting, sidewalk construction, parking facilities and traffic
PAGE 17
system changes, except traffic control signs and devices, shall
be made within or affecting a historic district without
approval of the city council after recommendation has been
submitted by the landmark commission and appropriate city
departments
(c) DISTRICT BOUNDARIES The boundaries of historic
districts shall be drawn so as to include all buildings,
structures, sites, areas or lands which meet one or more of the
criteria set out in Section 28A -3 herein or which directly
affect or relate to such buildings, structures, sites, areas or
lands meeting on one more of the Section 28A -3 criteria,
provided that at least 51% of the total structures within the
boundaries are of architectural, historic, archaeological, or
cultural importance or value
(d) ESTABLISHMENT OF HISTORIC DISTRICTS
(1) Applications for consideration of a historic
district shall be based upon architectural, historical,
archaeological or cultural importance or value and accompanied
by a report to the landmark commission containing the following
information
(a) A list of specific buildings, structures, sites,
areas or lands of importance or value located within the
proposed district boundaries and a description of the
particular importance or value of each such building,
structure, site, area or land
(b) A map showing the boundaries of the proposed
historical district drawn to a scale of 1" -2001, and the
location of each structure of importance or value identified by
a number or letter designation
(c) Sufficient photographs of each building,
structure, site, area or land of importance or value showing
the condition, color, size and architectural detail of each,
and,
PAGE 18
(d) A description of each building, structure, site,
area or land of importance or value showing the condition,
color, size and architectural detail of each, and where possible
1 date of construction
2 builder or architect
3 chain of uses and ownership
4 architectural style
5 materials
6 construction technique
7 recognition by State or National Government as
architecturally or historically significant, if so
designated
(2) Application for establishment of an historic district
on the basis of cultural or archaeological importance or value
shall be accompanied by a report containing the following
information
(a) A map showing the boundaries of the proposed
district drawn to a scale of 1" =2001,
(b) A description of the cultural or archaeological
importance or value of the building, structure, site, area or
land being proposed for historic designation, and
(c) Any evidence which would show recognition by
either the State of Texas and /or the National Government
(3) Applications to increase the boundaries of an historic
distract may be made if one or more of the following conditions
are met
(a) When buildings, structures, sites, areas or lands
of importance or value are related to the distract are requested
for inclusion
(b) When facts previously undisclosed to or unknown by
the landmark commission are revealed which indicate that a
particular building or site as possessed of special
architectural, archaeological, cultural or historical importance
or value
PAGE 19
(4) Applications to reduce the boundaries of an historic
district may be made when one or more of the following
conditions have been met
(a) When it can be shown that a particular building,
structure, site, area or land has no historic, architectural,
archaeological or cultural importance or value to the viability
of the district
(b) When exclusion of buildings, structures, sites,
areas or lands is necessary for mayor new development that would
support either the architectural, historical, archaeological, or
cultural character or economic viability of the district
(c) When it can be shown that no degradation of the
district either physical, historical, architectural, archae-
ological, or cultural will result from exclusion of property
from the district
(5) Application for inclusion or exclusion may be made when
either continued exclusion or inclusion of property within the
district would render it an economical hardhsip for reasonable
continuation in its present exterior form In order to
establish such economic hardship, the owner must show that no
reasonable alternative use exists which allows the exterior of
the building to remain in its original style In evaluating
economic return, the Commission may request the owner to
document the value, rents, returns, tax burden, and /or
contracts, pertaining to the property
(e) CRITERIA FOR DESIGNATION OF HISTORIC DISTRICTS
In evaluating applications for historic districts, the
landmark commission shall consider Sections 2BA -3 and Section
28A -13(d) If the landmark commission recommends the
establishment of an historic district or districts, it shall
cause to be prepared an historic district designation ordinance
which shall contain, but not be limited to, the following
(1) A statement of purpose setting forth the
commission's reasons for recommending designation of the
district, and
PAGE 20
(2) A legal description of the boundaries of the
district,
(3) Maps, charts and photographs of the buildings,
structures, sites, areas, or lands located within the district,
(4) Findings that support the criteria required in
Section 28A -3 and 28A -13, if applicable, that establishes the
particular importance or value of the district
(5) Recommendations for the protection and preser-
vation of the district referred to herein as district
preservation plan
(f) DISTRICT PRESERVATION PLAN
The district preservation plan shall include, but shall
not be limited to the following
(1) Zoning Classification of Uses The commission may
examine the uses existing within the district in terms of their
individual and continued effect upon the character, safety,
economic and physical impact of the district and may recommend
such changes in zoning, height and area regulations
(2) Building Code Requirements The commission may
review and recommend any amendments to the building regulations
it feels necessary to preserve the architectural and historic
integrity and authenticity of structures within each such
district
(3) Sign Regulations The Commission may review the
provisions of the sign regulations that are permissible within
each such district and recommend such alterations in size,
location, type and construction they feel appropriate In
preparing such recommendations, the Commission shall consider
existing signs as well as criteria for future signs In the
event that an existing sign or signs are deemed to have a
negative impact on the character of the district, the Commission
may recommend a method of removal or improvement of such sign or
signs, reviewing such sign changes with owners or tenants prior
to such recommendation
PAGE 21
(4) Parking Regulations The commission may review
the parking regulations in existence in the district and
recommend any changes in numbers, or location of on- street and
off - street parking requirements it feels necessary to enhance
the district It shall review the adequacy of parking
facilities in or affecting the district and may offer recom-
mendations for such public and /or private parking lots, garages
or structures it deems to be in the best overall interest of the
district
(5) Architectural Regulations As a guide for those
seeking a certificate of appropriateness pursuant to Section
28A -8, the historic landmark commission may, in conformance with
the applicable zoning classification, height and area
limitation, and in keeping with the significant architectural,
historical, archaeological or cultural elements of each such
district recommend regulations affecting the exterior of the
building, including, but not limited to, the following
(a) Acceptable materials for new construction such as
stucco, masonry, metal and glass curtain,
(b) Appropriate architectural character, scale and
detail for new construction,
(c) Acceptable appurtenances to new and existing
structures such as gables, parapets, balconies and dormers,
(d) Acceptable textures and ornamentation such as
paint colors and types, use of wood, stone, metal, plaster,
plastics and other man -made materials, use of shutters, wrought
and cast iron, finishes of metal, colors of glass, such as
silver, gold, bronze, smoke, and other details or architectural
ornamentation
i
(e) Acceptable accessories on new or existing
structures such as light fixtures, gas lights, canopies,
exterior carpentry, tile or wood, banners, flags and
projections, and
PAGE 22
(f) For those properties which are sites, areas,
lands, buildings, structures, or vacant lots which are not of
historical, architectural, archaeological or cultural importance
or value, development or redevelopment may be at the owner's
discretion as long as there is no variance from the historic
district preservation plan to materials, scale and detail,
appurtenances, textures, ornamentation and accessories, and the
owner complies with existing regulations In these instances,
no review by the landmark commission would be required, and no
certificate of appropriateness would apply
(6) Transit and Traffic Operations The commission
may review the transit and traffic operations in and through the
district and provide recommendations to the urban transportation
department and city council on routes, schedules, one -way and
two -way street patterns, park and rise, shuttle services and
pedestrian facilities that will enhance and preserve the
character of the district
(7) Public Improvements The landmark commission may
recommend to the city council acceptable public architectural
and engineering designs including street lighting, street
furniture, signs, landscaping, utility facilites such as
electric poles and wires, telephone lines, design textures of
sidewalks and streets, such as brick, stone and tile, and such
other elements as deemed necessary for enhancement and
preservation of the district
(g) Administrative Requirements of Landmark Commission
(1) When a historic landmark commission considers an
area as a possible historic district, it shall, prior to
rendering its final recommendation and report, submit its
report, including the district preservation plan or any proposed
ordinance amendments to all city departments, boards and
commissions and other public agencies directly affected
(2) In addition, it shall, and prior to rendering its
final recommendation, make the plan available to the landowners
in the proposed district In the event the area under
PAGE 23
consideration has established an historic district committee,
the commission may include the comments of such committee in its
final report If appropriate and desired, the commission should
recommend that the city council adopt the restrictions to assure
that future public investment complies with the term of the
district
(3) Commission approved medallions for designated
structures within the district shall be prepared and, subject to
the approval of the owners, may be affixed to the "H" designated
structures
(h) Changes in Provisions herein Such regulations,
restrictions, and boundaries may from time to time be amended,
supplemented, changed, modified, or repealed In case, however,
of a written protest against such change, signed by the owners
of twenty percent or more either of the area of the lots or land
included in such proposed change, or of the lots or land
immediately adjoining the same and extending 200 feet therefrom,
such amendment shall not become effective except by the
favorable vote of three - fourths of all members of the city
council
Section 28A -15 PENALTY
(a) It shall be unlawful to construct, reconstruct,
structurally alter, remodel, renovate, restore, demolish, raze,
or maintain any building, structure, or land in a historic
landmark designation in violation of the provisions of this
ordinance, and the city in addition to other remedies, may
institute any appropriate action or proceedings to prevent such
unlawful construction, restoration, demolition, razing, or
maintenance, to restrain, correct, or abate such violation, to
prevent any illegal act, business, or maintenance in and about
such premises
(b) Any person, firm, or corporation violating any
provisions of this chapter shall be guilty of a misdemeanor, and
shall be deemed guilty of a separate offense for each day or
PAGE 24
portion thereof during which any violation hereof is committed,
continues or is permitted, and upon conviction of any such
violation shall be punishable by a fine not to exceed two
hundred dollars
Section 2SA °16 NOTICE
Any notice required to be given under this title, if not
actually delivered, shall be given by depositing the same in the
United States mail, postage prepaid, addressed to the person or
entity to whom such notice is to be given at his last known
address When notice is required to be given to an owner or
owners of property, such notice, delivered or mailed by
certified or registered mail, may be addressed to such owner or
owners who have rendered their said property for city taxes as
the ownership appears on the last approved city tax roll
SECTION II
This ordinance shall become effective from and after its
date of passage and publication as required by law
PASSED AND APPROVED this the !"& day of���� ,
19-110
.
MA�OR----V4
CITY OF DENTON, TEXAS I
ATTESP
OW HOLT, C IT S RETARY
TY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY
ATTORNEY, CITY OF DENTON, TEXAS
BY
¢ -1 kd
PAGE 25
Exhibit 2
NPS Form 10-WO-a National Registry of Historic Places - Downtown Square MAB Apprroval No. 1024-0018
(8-86)
United States Department of the Interior
National Park Service
National Register of Historic Places
Continuation Sheet
Section 7 Page 6
Detiton County Courthouse Square Historic District
Denton, Dejitoii County, Texas
Denton County Courthouse Square Historic District — Denton, Texas
Ream Street
7-709 123,
11'9
109
. . ..... ...... . .
L— — — — — —
-F,—j 7C'F— — — — — — -
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. ... . ..... .... .— .. . I I
Meyt 0A Street
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AD B
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122 108
11R 420
114
110-112
108
10(,
104
102
Weit IfickoryStreet
IM
-- - ------------ --- --- ---
WWnjit Street — — — — — — — — —
PA Confederate Monument
Graw ofJohn 11. Denton
(1901 re-inicunIC111),
FCJ Denton County All-War Mentaflit
[1:)] WA Sidewalks
Mip 1: Contribtitiiig/Noii-Cojitributiiig Map of Denton Count), Courthouse Square Historic District
20
Meyt 0A Street
>
AD B
,2QO 107
122 108
11R 420
114
110-112
108
10(,
104
102
Weit IfickoryStreet
IM
-- - ------------ --- --- ---
WWnjit Street — — — — — — — — —
PA Confederate Monument
Graw ofJohn 11. Denton
(1901 re-inicunIC111),
FCJ Denton County All-War Mentaflit
[1:)] WA Sidewalks
Mip 1: Contribtitiiig/Noii-Cojitributiiig Map of Denton Count), Courthouse Square Historic District
s:Alegal \our documents \resolutions \14\resolution creating ad hoc council committee on hlc matters (2).docx
Exhibit 3
Resolution creating an Ad Hoc City Council Committee
RESOLUTION NO.
A RESOLUTION CREATING AN AD HOC CITY COUNCIL COMMITTEE TO
INTERFACE WITH THE HISTORIC LANDMARK COMMISSION AND REVIEW TTIE
OPERATIONS, PROCEDURES, POWERS, DUTIES, POLICIES AND REGULATIONS
RELATED TO HISTORIC LANDMARK PRESERVATION AND HISTORIC DISTRICTS IN
THE CITY OF DENTON, TEXAS AND TO ADVISE THE CITY COUNCIL WITH REGARD
TO THESE MATTERS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of Denton places the highest value on the preservation of
the City's precious historic landmarks and districts; and
WHEREAS, the City Council recognizes fully the contribution historic preservation
makes to the City's culture, heritage, and identity; and
WHEREAS, the City has been well served by the selfless devotion of its Historic
Landmark Commission since its inception; and
WHEREAS, the City Council desires to continue the City's traditions of historic
preservation and strengthen the processes and regulations making such preservation possible;
and
WHEREAS, the City Council of Denton has determined that it would be advisable to
create an ad hoc City Council Committee to provide recommendations to the City Council and
an interface with the Historic Landmark Commission; and
WHEREAS, the City Council of Denton has determined that it is advisable that the ad
hoc City Council Committee shall be dissolved upon the completion of the work as outlined
below; NOW, THEREFORE,
THE CITY COUNCIL OF "THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council hereby establishes an ad hoc committee to be called the
City Council Historic Landmark Committee. The Committee shall be composed of three (3)
members of the City Council to be appointed by the Mayor and approved by the City Council.
The City Manager, or his or her designee, will provide guidance and assistance to the Committee
and be responsible for insuring that records are maintained in accordance with the requirements
of the City Secretary's Office. The Committee members shall serve at the pleasure of the City
Council until successors are duly appointed by the Mayor and approved by the Denton City
Council. The presiding officer of the Committee shall be chosen annually by the Committee.
Members of the Committee must be current elected City Council members of the City of Denton,
Texas.
SECTION 2. The duties and purpose of the Committee shall be to review, consider and
make recommendations to the City Council as to any necessary changes with regard to the
operations, procedures, powers, duties, policies, and regulations related to the Historic Landmark
s:Alegal \our documents \resolutions \14 \resolution creating ad hoc council committee on hlc matters (2).docx
Commission and historic landmark preservation and historic districts in the City of Denton. The
Committee shall proceed with its assigned duties in collaboration with the Historic Landmark
Commission.
SECTION 3. Upon completion of the assigned tasks, the City Council Historic
Landmark Committee shall be dissolved without further action of the City Council.
SECTION 4. This Resolution 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
i
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
r
r( `
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
I EN" " N
Legislation Text
File #: , Version: 1
Agenda Information Sheet
SUBJECT
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 Page 1 of 1 Printed on 8/8/2014
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN71"ON
Legislation Text
File #: ID 14 -0400, Version: 1
Agenda Information Sheet
SUBJECT
Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086.
Receive competitive public power information and competitive financial information from staff in the form of a
proposed operating budget for Denton Municipal Electric ( "DME ") for FY 2014 -2015, including without
limitation, revenues, expenses, commodity volumes, and commitments; and discuss, deliberate, consider
adoption of the budget and other matters, and provide staff with direction regarding such matters.
City of Denton Page 1 of 1 Printed on 8/8/2014
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN71"ON
Legislation Text
File #: ID 14 -0427, Version: 1
Agenda Information Sheet
SUBJECT
Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consult with City's attorneys regarding legal rights, restrictions, and obligations under Texas law, associated
with overlapping extraterritorial jurisdictions claimed by municipalities neighboring the City of Denton, Texas,
as well as possible negotiated resolutions of such matters, where a public discussion of such legal matters
would conflict with the duty of the City's attorneys to the City of Denton, Texas under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in
potential litigation.
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
E 1`
File #: ID 14 -0454, Version: 1
Legislation Text
Agenda Information Sheet
SUBJECT
Consultation with Attorney's - 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 authority regulatory
authority; statutory preemption and vested rights; 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; settlement
matters concerning gas well drilling in the City; surface development issues involving surface and mineral
estates; 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.
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