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HomeMy WebLinkAboutJune 02, 2015 Agendatru�Mltl �'� � k, City of Denton Meeting Agenda City Council City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Tuesday, June 2, 2015 2:00 PM Work Session Room & Council Chambers After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, June 2, 2015 at 2:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Citizen Comments on Consent Auenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he /she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for June 2, 2015. 3. Work Session Reports A. ID 15 -440 Receive an update from the Denton Parks Foundation regarding the Eureka 2 Playground. Attachments: Exhibit 1 - Eureka 2 Update B. ID 15 -461 Receive a report, hold a discussion and give staff direction regarding City Council committee nominations. Attachments: Exhibit 1 Current Membership List Exhibit 2 Council Preference Chart Exhibit 3 Committee Narrative Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: A. ID 15 -464 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding real estate matters related to the site selection for the DME Hickory substation, presently located at the intersection of West Hickory and South Bonnie Brae in the City of Denton, Texas, and concerning certain real property within the immediate vicinity, specifically Lots 1, 2, and 3 of the Oak Street Terrace Addition, City ofDenton Page I Printed on 512812015 City Council Meeting Agenda June 2, 2015 and the potential acquisition of real property interests. Consultation with the City's attorneys regarding legal issues associated with the condemnation or acquisition of the real property interests where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. [ID 15 -441, ID 15 -442, and ID 15 -443] B. ID 15 -445 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice - versa; current and proposed extension to moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; 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 ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D- 1- GN -14- 004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14- 09833 -431 currently pending in the 431st District Court of Denton County 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. C. ID 15 -452 Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087; and Deliberations regarding Real Property - Under Texas Government Code Section 551.072. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to Orison Holdings and economic development incentives and the acquisition of real property interests in the H. Sisco Survey, Abstract No. 1184, Denton, Denton County, Texas, generally located in the 600 block of E. Hickory. This discussion shall include commercial and financial information the City Council has received from Orison Holdings which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. City ofDenton Page 2 Printed on 512812015 City Council Meeting Agenda June 2, 2015 D. ID 15 -453 Consultation with Attorneys - Under Texas Government Code Section 551.071 and Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Receive a report and hold a discussion regarding legal and economic development issues regarding a proposed economic development incentive agreement for Project Ranger One (Denton - Tarrant PRW, LLC). This discussion shall include commercial and financial information the City Council has received from Project Ranger One which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. E. ID 15 -460 Consultation with Attorneys - Under Texas Government Code Section 551.071 and Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to a potential economic development project generally located in the 2000 to 3000 blocks of South Interstate 35 East. This discussion shall include commercial and financial information the City Council has received from a prospect which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. 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 §55'1.07'1- 55'1.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE City ofDenton Page 3 Printed on 512812015 City Council Meeting Agenda June 2, 2015 A. U.S. Flag B. Texas Flag "Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS /PRESENTATIONS 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: A. ID 15 -407 Isabel Cano regarding benches for bus stops. B. ID 15 -422 Willie Hudspeth regarding Southeast Denton issues. 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — J). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A — J below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 15 -398 Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2015 - 2019 Consolidated Plan for Housing and Community Development including the 2015 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. Attachments: Exhibit 1 - Denton 2015 -2019 Con Plan - Final Exhibit 2 - Resolution B. ID 15 -428 Consider a request for an exception to the Noise Ordinance for the purpose of the fundraiser, Ride for Reid BBQ 2015 Cook -off and Music Concert Benefit, to be held at the North Texas Fairgrounds beginning June 19, 2015, from 6 p.m. to midnight and Saturday, June 20, 2015, from noon to midnight. The exception is specifically requested to increase sound levels from 70 to 75 decibels, and for an extension of hours from 10 p.m. to midnight. Staff recommends approval. Attachments: Exhibit 1 - Letter of Request from Wes and Shelley Oldham C. ID 15 -429 Consider adoption of an ordinance of the City of Denton authorizing the City City ofDenton Page 4 Printed on 512812015 City Council Meeting Agenda June 2, 2015 Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of two (2) backhoes, one (1) excavator, one (1) compact excavator, and one (1) roller for the City of Denton Wastewater Collections Department; and providing an effective date (File 5829- awarded to RDO Equipment Company in the amount of $604,637.35). The Public Utilities Board recommends approval (5 -0). Attachments: Exhibit 1- Comparison Exhibit 2- Vendor Quotes Exhibit 3 -PUB Draft Minutes Exhibit 4- Ordinance D. ID 15 -430 Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with The Cooperative Purchasing Network (TCPN) for the purchase of office furniture for various City of Denton departments; providing for the expenditure of funds therefore; and providing an effective date (File 5817- awarded to Office Depot in the three (3) year not -to- exceed amount of $500,000). Attachments: Exhibit 1 -Award Letter Exhibit 2- Pricing Exhibit 3- Ordinance E. ID 15 -432 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for construction of the Arco Substation Gravity Retaining Wall; providing for the expenditure of funds therefor; and providing an effective date (RFP 5716- awarded to Knight Erosion Control, Inc., in the not -to- exceed amount of $225,922.80). The Public Utilities Board recommends approval (5 -0). Attachments: Exhibit 1- Proiect Map Exhibit 2 -BAFO and Pricing sheet Exhibit 3 -PUB Draft Minutes Exhibit 4- Ordinance F. ID 15 -436 Consider approval of the minutes of March 2, March 3, March 24, April 6, April 7 and April 14, 2015. Attachments: Exhibit 1 - March 2. 2015 minutes Exhibit 2 - March 3, 2015 minutes Exhibit 3 - March 24, 2015 minutes Exhibit 4 - April 6, 2015 minutes Exhibit 5 - April 7, 2015 minutes Exhibit 6 - April 14, 2015 minutes G. A15 -0013 Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015 -063 providing for acceptance of additional eligible non - annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH -3 of approximately 421 acres City ofDenton Page 5 Printed on 512812015 City Council Meeting Agenda June 2, 2015 located on the south side of Spring Side Road, north, south and west of Corbin Road, West of I -35 and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A 15- 0013) Attachments: Exhibit 1 - Service Plan for Properties Annexed in 2010 Exhibit 2 - Ordinance H. A15 -0014 Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015 -067 providing for acceptance of eligible non - annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA 1 of approximately 1,171 acres located on the north side of Tom Cole Road, west of Masch Branch Road, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A15- 0014) Attachments: Exhibit 1 - Service Plan for Properties Annexed in 2010 Exhibit 2 - Ordinance L A15 -0015 Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015 -064 providing for acceptance of additional eligible non - annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH -4 of approximately 347 acres located on the east side of Bonnie Brae Street, west of Fort Worth Drive, east and west of Vintage Boulevard, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A15- 0015) Attachments: Exhibit 1 - Service Plan for Properties Annexed in 2010 Exhibit 2 - Ordinance J. A15 -0016 Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015 -069 providing for acceptance of additional eligible non - annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA -3 of approximately 1,075 acres located on the south side of Ganzer Road, east and west of Barthold Road, north of FM 1173, West of I -35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A15-0016) Attachments: Exhibit 1 - Service Plan for Properties Annexed in 2010 Exhibit 2 - Ordinance 5. ITEMS FOR INDIVIDUAL CONSIDERATION — CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS A. ID 15 -441 Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee title to a 0.138 -acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 2, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas ( "Property Interest "), and more City ofDenton Page 6 Printed on 512812015 City Council Meeting Agenda June 2, 2015 particularly described on Exhibit "A ", for the public use of expansion, construction, maintenance, operation, and improvement of electrical transmission and distribution lines, facilities, and structures, including substations and switch stations; authorizing the city manager, or his designee, to make an initial offer to Serendipity Business Interests, LLC Property ( "Owner ") to purchase fee title in and to the Property Interest for the price of Seventy Five Thousand Dollars and no cents ($75,000.00), and other valuable consideration, as set forth in the contract of sale attached as Exhibit `B "; authorizing the filing of eminent domain proceedings to acquire the Property Interest if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Serendipity Business Interests) Attachments: Exhibit 1 - Survey Exhibit 2 - Map Exhibit 3 - Ordinance Exhibit 4 - Final Offer Letter Exhibit 5 - Contract of Sale B. ID 15 -442 Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee title to a 0.164 -acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 1, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas ( "Property Interest "), and more particularly described on Exhibit "A ", for the public use of expansion, construction, maintenance, operation, and improvement of electrical transmission and distribution lines, facilities, and structures, including substations and switch stations; authorizing the city manager, or his designee, to make a final offer to Neblett Property ( "Owner ") to purchase fee title in and to the Property Interest for the price of One Hundred Twenty Two Thousand Dollars and no cents ($122,000.00), and other valuable consideration, as set forth in the contract of sale attached as Exhibit "B "; authorizing the filing of eminent domain proceedings to acquire the Property Interest if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Neblett Property) Attachments: Exhibit 1 - Survey Exhibit 2 - Map Exhibit 3 - Ordinance Exhibit 4 - Final Offer Letter Exhibit 5 - Contract of Sale C. ID 15 -443 Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee title to a 0.138 -acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 3, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas ( "Property Interest "), and more particularly described on Exhibit "A ", for the public use of expansion, construction, maintenance, operation, and improvement of electrical transmission and distribution lines, facilities, and structures, including substations and switch stations; City ofDenton Page 7 Printed on 512812015 City Council Meeting Agenda June 2, 2015 authorizing the city manager, or his designee, to make a final offer to Mankins Property ( "Owner ") to purchase fee title in and to the Property Interest for the price of Ninety Five Thousand Dollars and no cents ($95,000.00), and other valuable consideration, as set forth in the contract of sale attached as Exhibit `B "; authorizing the filing of eminent domain proceedings to acquire the Property Interest if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Mankins Property) Attachments: Exhibit 1 - Survey Exhibit 2 - Map Exhibit 3 - Ordinance Exhibit 4 - Final Offer Letter Exhibit 5 - Contract of Sale 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 15 -462 Consider appointments to Council Committees. B. ID 15 -472 Discussion to determine whether to repeal Initiative Ordinance No. 2014 -01, "Prohibition of Hydraulic Fracturing "; and, if necessary, to consider adoption of an ordinance repealing Initiative Ordinance No. 2014 -01; and providing an immediate effective date. Attachments: Exhibit 1 Ordinance 7. PUBLIC HEARINGS A. SD13 -0003 Hold a public hearing and consider a Special Sign District for the Golden Triangle Mall. The approximately 69.83 -acre subject property is generally located in the area bound by South I -35E to the south, San Jacinto Boulevard to the west, Colorado Boulevard to the north, and South Loop 288 to the east and is located within a Regional Center Commercial Downtown (RCC -D) zoning district. The Planning and Zoning Commission recommends approval (7 -0), with conditions. Attachments: Exhibit 1 - Planning and Zoning Commission Staff Report Exhibit 2 - Site Location Aerial Map Exhibit 3 - Zoning Map Exhibit 4 - Golden Triangle Mall Sign Plan Exhibit 5 - Summary Table Exhibit 6 - Project Narrative Exhibit 7 - Property Owner Notification Map Exhibit 8 - April 22, 2015 Planning and Zoning Commission Minutes Exhibit 9 - Draft Ordinance B. Z15 -0004 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning classification from Regional Center Residential 2 (RCR -2) zoning district and use classification to a Regional Center City ofDenton Page 8 Printed on 512812015 City Council Meeting Agenda June 2, 2015 Commercial Neighborhood (RCC -N) zoning district and use classification on approximately 5.99 acres of land generally located on the west side of I -35 E, approximately 730 feet south of Lillian B. Miller Parkway in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. (Z15- 0004). The Planning and Zoning Commission recommended approval of this request (7 -0). Attachments: Exhibit 1 - PZ Staff Report Exhibit 2 - Site Location Aerial Map Exhibit 3 - Zoning Map Exhibit 4 - Future Land Use Map Exhibit 5 - Public Notification Map Exhibit 6 - Proiect Narrative Exhibit 7 - Site Photos Exhibit 8 - Draft Ordinance C. S15-0003 Hold a public hearing and consider adoption of an ordinance of the City of Denton repealing Ordinance 2013 -328 and approving a Specific Use Permit (SUP) to allow a Basic Utility, a DME electric substation, on approximately 7.334 acres of land within a Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district classification and use designation, located on the south side of East McKinney Street, approximately 1,300 feet east of Mack Drive and 450 west of Springtree Street. The Planning and Zoning Commission recommends approval (7 -0), subject to conditions. Attachments: Exhibit 1 - Planning and Zoning Commission Staff Report Exhibit 2 - Site Location - Aerial Map Exhibit 3 - Zoning Map Exhibit 4 - Proiect Narrative Exhibit 5 - Site Plan Exhibit 6 - DME CIP Proiect Map Exhibit 7 - Ordinance 2013 -328 Exhibit 8 - Public Notiification Map Exhibit 9 - May 6, 2015 Planning and Zoning Commission Meeting Minutes Exhibit 10 - Draft Ordinance D. Z15 -0003 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning classification from a Regional Center Commercial Downtown (RCC -D) zoning district and use classification to an Employment Center Industrial (EC -I) zoning district and use classification on approximately 6.46 acres of land generally located on the Southeast Corner of Worthington Drive and Schuyler Street in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. (Z15 -0003) The Planning and Zoning City ofDenton Page 9 Printed on 512812015 City Council Meeting Agenda June 2, 2015 Commission recommended approval of this request (7 -0). Attachments: Exhibit 1 Staff Report Exhibit 2 Location, Aerial Map Exhibit 3 Zoning Map Exhibit 4 Future Land Use Map Exhibit 5 Proposed Zoning Map Exhibit 6 Public Notification Map and Community Responses Exhibit 7 Proiect Narrative Exhibit 8 Site Photos Exhibit 9 Planning and Zoning Minutes of the May 6, 2015 Meeting Exhibit 10 Draft Ordinance 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting of Closed Meeting topics, above posted. 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 , 2015 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349 -8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1- 800 - RELAY -TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. City of Denton Page 10 Printed on 512812015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN Legislation Text File #: ID 15 -440, Version: 1 AGENDA INFORMATION SHEET AGENDA DATE: June 2, 2015 DEPARTMENT: Parks and Recreation Department ACM: John C. Cabrales, Jr. SUBJECT Receive an update from the Denton Parks Foundation regarding the Eureka 2 Playground. BACKGROUND During the 2013 -2014 Budget process, the City Council approved funding in the amount of $35,000 annually for each of three consecutive years to fund a part -time Executive Director position with the Denton Park Foundation. As a condition of that funding, the Park Foundation took on the task of organizing and funding the replacement of Eureka playground. Molly Tampke was hired to fill the position in January of 2014 and will present a brief project update to share fundraising efforts to date. RECOMMENDATION None EXHIBIT 1. Eureka 2 Update Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department City of Denton Page 1 of 1 Printed on 5/28/2015 Exhibit 1 Eureka 2 Update City Council Presentation June 2, 2015 Schematic • Playground elements • Groundcover • Size City- Foundation Partnership Foundation • Raising money • Recruiting volunteers • Working with consultant on adjusting design plans, as needed. - -- Example: added benches and picnic tables at park entrance Serving as liaison between volunteers and Parks Department Parks Department • Providing marketing and communications guidance • Planning removal of current Eureka • Pricing and acquiring materials Fundraising • Events • Local businesses • Schools • Major Gifts Campaign • Noteworthy gifts to date • First hit with a backhoe Construction Planning City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -461, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM/ ACM: Bryan Langley Date: June 2, 2015 SUBJECT Receive a report, hold a discussion and give staff direction regarding City Council committee nominations. BACKGROUND Members of the City Council serve on designated standing committees to assist with the development of policy. The committee assignments are reviewed annually by the City Council to allow the opportunity to make adjustments if necessary. The attached information provides a listing of current assignments, a Council preference chart, and a brief description of each Council Committee. The appointments to the EDP Board, Downtown TIF Board, and TIRZ Number Two Board will be considered at a later date. Any changes made to the current assignments during the Work Session will be noted prior to consideration at the regular meeting. EXHIBITS Exhibit 1 - Current Membership List Exhibit 2 - Council Preference Chart Exhibit 3 - Committee Narrative Respectfully submitted: Jennifer Walters City Secretary City of Denton Page 1 of 1 Printed on 5/28/2015 COUNCIL COMMITTEE ASSIGNMENTS 2014-2015 COMMITTEE MEMBERS Agenda Committee Watts Convention and Visitor Bureau Gregory Airport Committee Engelbrecht Lake Ray Roberts P &Z Hawkins North Texas Commission ,Johnson Audit /Finance Committee Hawkins Texas Municipal Power Agency Ryan Watts Committee on Citizen Engagement Gregory Roden Ryan Committee on the Environment Engelbrecht Gregory Hawkins Council Appointee Performance Review Engelbrecht Committee Gregory Watts Ethics Committee Engelbrecht Gregory Roden Hotel Occupancy Tax Committee Hawkins Ryan Watts Mobility Committee Gregory ,Johnson Roden EXTERNAL MEMBERS Community, Justice Council Roden Convention and Visitor Bureau Engelbrecht ,Johnson Ryan Dallas Regional Mobility Coalition Roden Lake Ray Roberts P &Z Engelbrecht North Texas Commission Watts Regional Transportation Council Roden ,Johnson (Alternate) Texas Municipal Power Agency Watts AD HOC MEMBERS Council Historic Landmark Committee Roden ,Johnson Downtown TIF No. 1 Ryan Development Code Review Committee Engelbrecht TIRZ No. 2 ,Johnson Ryan Property Maintenance Code Committee Engelbrecht Roden Ryan BOARD MEMBERS Economic Development Partnership Board ,Johnson Watts Downtown TIF No. 1 Roden Watts TIRZ No. 2 ,Johnson Watts COUNCIL COMMITTEE CURRENT /PREFERENCES COMMITTEE Current Preferences Agenda Committee Watts Watts Convention and Visitor Bureau Gregory Gregory Airport Committee Vacant (Engelbrecht) Wazny Lake Ray Roberts P &Z Hawkins Briggs North Texas Commission ,Johnson Audit /Finance Committee Hawkins Texas Municipal Power Agency Vacant(Ryan) Watts Watts Committee on Citizen Gregory Briggs Engagement Roden Vacant(Ryan) Committee on the Environment Vacant (Engelbrecht) Briggs Gregory Hawkins Council Appointee Performance Vacant (Engelbrecht) Review Committee Gregory Watts Ethics Committee Vacant (Engelbrecht) Wazny Gregory Briggs Roden Hotel Occupancy Tax Hawkins Committee Vacant(Ryan) Watts Mobility Committee Gregory Briggs ,Johnson Roden EXTERNAL Current Preferences Community, Justice Council Roden Wazny Convention and Visitor Bureau Vacant (Engelbrecht) ,Johnson Vacant(Ryan) Briggs Dallas Regional Mobility Coalition Roden Lake Ray Roberts P &Z Vacant (Engelbrecht) Briggs North Texas Commission Watts Regional Transportation Council Roden ,Johnson (Alternate) Texas Municipal Power Agency Watts Watts AD HOC Current Preferences Council Historic Landmark Roden Wazny Committee ,Johnson Briggs Vacant(Ryan) Development Code Review Vacant (Engelbrecht) Wazny ,Johnson Vacant(Ryan) COMMITTEE Current Preferences Property Maintenance Code Vacant (Engelbrecht) Committee Roden Vacant (Ryan) BOARD Current Preferences Economic Development ,Johnson Partnership Board Watts Downtown TIF No. 1 Roden Watts TIRZ No. 2 ,Johnson (EDP Board serves as Watts members) CITY COUNCIL COMMITTEES AGENDA COMMITTEE The Agenda Committee was established by Ordinance 2011 -038. The Committee is composed of the Mayor, the Mayor Pro Tem, and the City Manager. The Agenda Committee reviews the City Manager's proposed City Council agendas as to form and agenda content. AUDIT/FINANCE COMMITTEE The Audit/Finance Committee was established by Resolution R2009 -015. The Committee is composed of three Council Members. The City Manager, or his designee, is an ex- officio member. The duties and purpose of the Committee shall be to assist the Council in fulfilling its organizational oversight responsibilities relating to the audit function, the investment function and any other financial related activities as delegated by the City Council. COMMITTEE ON CITIZEN ENGAGEMENT The Committee on Citizen Engagement was established by Resolution R2012 -026. The Committee is composed of three Council Members. The City Manager, or his designee, will provide guidance and assistance to the Committee. The duties and purpose of the Committee shall be to provide advice to the Council and/or staff regarding the timely distribution of accurate and complete information to Denton citizens and devise methods of engaging Denton citizens in the various processes of city government. COMMITTEE ON THE ENVIRONMENT The Committee on the Environment was established by Resolution R2009 -015. The Committee is composed of three Council Members. The duties of the Committee shall be to review, discuss, deliberate and consider environmental issues and resources and make recommendations to the Council. The Committee will also deliberate and make recommendations regarding any other matter delegated to the Committee by the Council. COMMUNITY JUSTICE COUNCIL The Community Justice Council is established according to Chapter 76 of the Texas Government Code. That Chapter indicates that a Justice Council has to be established as a prerequisite to establishing a community corrections facility. The Community Justice Council provides continuing policy guidance and direction for the development of criminal justice plans and community correction facilities and programs and conditions of community supervision. Among the members of the Justice Council is a council member of the most populous municipality in the County that the facility will serve. CONVENTION AND VISITOR BUREAU The Denton Convention & Visitor Bureau was initiated in 1976 by the Denton Chamber of Commerce to promote events and attractions, provide hospitality education, and ensure a positive experience to Denton visitors. It operates via an agreement between the City of Denton and the Denton Chamber of Commerce. The Bureau consists of an Advisory Board that makes recommendations to the Chamber of Commerce Board of Directors. COUNCIL AIRPORT COMMITTEE The City Council Airport Committee was established by Resolution R2011 -009. The Committee is composed of three City Council members. The City Manager, or his designee, will provide guidance and assistance as needed. The duties and purpose of the Committee shall be to review, consider and make recommendation to the Council on: the Airport Business Plan and Airport Master Plan; any airport infrastructure improvement or other major project impacting the airport; the acquisition, review, and consideration of grant funding for the airport, contracts and leases of airport property, including recommending appropriate terms to the City Council; long term financial planning and budgetary issues affecting the airport, and issues raised as a result of interface between citizens, airport tenants, or other interested parties. COUNCIL APPOINTEE PERFORMANCE REVIEW COMMITTEE The Council Appointee Performance Review Committee was established by Resolution R2009 -015. The Committee is composed of three Council Members, with the Director of Human Resources as an ex- officio member. The duties and purpose of the Committee shall be to assist the City Council in performance review of the City Council appointees and to insure that the appointee's job descriptions are accurate and properly reflect current job duties in order to make recommendations to the Council to assist the Council in evaluating the job performance of the council appointees. Additionally, the Committee will make recommendations regarding employment agreements, including renewals, of council appointee positions. COUNCIL ETHICS COMMITTEE The Council Ethics Committee was established by Resolution R2009 -015. The Council Ethics Committee consists of three Council Members. The City Manager, or his designee, and the City Attorney, or his designee, serve as ex- officio members. The duties and purpose of the Committee shall be to advise the City Council on the Ethics Policy, gather information from citizens regarding the Ethics Policy, and conduct hearing and inquiries as set forth in the enabling resolution. COUNCIL HISTORIC LANDMARK COMMITTEE (AD HOC) The Council Historic Landmark Committee was established by Resolution R2014 -029. The Committee is composed of three Council Members. 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 Commission and historic landmark preservation and historic districts in the City of Denton. COUNCIL MOBILITY COMMITTEE The Council Mobility Committee was established by Resolution R2009 -015. The Committee is composed of three Council Members. The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council regarding any changes to the Mobility Plan, local transportation policy, and any items concerning regional transportation policies and activities. DALLAS REGIONAL MOBILITY COALITION In 1997, the City of Denton entered into an interlocal agreement with the Dallas Regional Mobility Coalition for the purpose of examining all issues related to and recommending transportation improvements and other related actions for the portion of the Dallas Metropolitan Area served by District 18 of the Texas Department of Transportation. The Executive Committee administers and governs the affairs of the Coalition. It consists of seven members, one each from the cities of Carrollton, Garland, Grand Prairie, Irving, Mesquite, Plano and Richardson being either the Mayor or another elected official designated by the City Council; four members, designated by the Mayor of Dallas, being either two or three elected officials from the City of Dallas and one or two community leaders who are non - elected officials; four members, one each from Collin, Dallas, Denton, and Ellis County, being either the County Judge or another elected official designated by the County Judge; elected officials from those cities not represented in either of the first two categories; one community leader (non- elected official) appointed by the Dallas County Judge; four ex- officio members being the Texas Department of Transportation District 18 District Engineer, the Executive Director of the Texas Turnpike Authority, the Executive Director of the Dallas Area Rapid Transit Authority, the Staff Director of the Regional Transportation Council; and one business leader (non- elected official) appointed annually by the Legislative Coalition of the Dallas Area Chambers of Commerce. Based on Denton's population, one Executive Committee seat is available to be filled by the Mayor or another elected official. Currently, the Mayor has asked a council member to serve as the City's designee to the Coalition. DEVELOPMENT CODE REVIEW COMMITTEE (AD HOC) The minutes of the Council meeting of October 2, 2007 established this Committee. Membership consists of two or three council members and two or three Planning and Zoning Commission members. The purpose of the Committee is to review proposed amendments to existing development criteria, as well as recommend changes to the Denton Development Code. HOTEL OCCUPANCY TAX COMMITTEE The Hotel Occupancy Tax Committee was established by Resolution R2009 -015. The Committee is composed of three Council Members. The duties and purpose of the Committee shall be to monitor allocation and use of hotel occupancy tax funds, ensuring funds are being used to directly enhance and promote tourism and the hotel/convention industry, and to recommend organizations to receive funding to the City Council. LAKE RAY ROBERTS PLANNING AND ZONING Enacted by S.B. 209, the Lake Ray Roberts Planning and Zoning consists of 3 residents of affected precincts who own land in the County appointed by the County Judge, one resident of each commissioners precinct that is affected appointed by the County Commissioner for that precinct, and the Mayor or a designee that includes any part of the lake area in the county. NORTH TEXAS COMMISSION MEMBERSHIP Founded in 1971, the North Texas Commission is a regional non - profit organization of businesses, cities, counties, chambers of commerce, economic development entities and higher education institutions in the North Texas Region. North Texas Commission membership provides the resources to carry out programs that benefit the entire region. Any North Texas business, city, county, chamber of commerce, economic development entity or higher education institution may join the North Texas Commission. The City's membership in the Commission provides for two members — currently the City Manager and Mayor. PROPERTY MAINTENANCE CODE COMMITTEE (AD HOC) The minutes of the Council meeting of October 2, 2007 established this Committee. Membership consists of three council members with the purpose to evaluate code - related issues being studied and policy initiatives that may result from such analysis. REGIONAL TRANSPORTATION COUNCIL Since 1974, the North Central Texas Council of Governments has served as the Metropolitan Planning Organization (MPO) for the Dallas -Fort Worth Metropolitan Area. The Regional Transportation Council (RTC) is the policy body for the MPO. The RTC consists of 37 members, predominantly locally elected officials, overseeing the regional transportation planning process and project selection. The City of Denton has one representative on the RTC. TEXAS MUNICIPAL POWER AGENCY The Power Sales agreement dated September 1, 1976 designated two representatives from the City of Denton to serve on the Board of Directors. Two representatives are approved by the City Council who may, but need not necessarily be, members of the City Council and the Public Utilities Board. The Board of Directors assists in establishing policies, setting regulations, and overseeing the administration and management of the agency as well as approving and auditing the budget. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -464, Version: 1 Agenda Information Sheet SUBJECT Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding real estate matters related to the site selection for the DME Hickory substation, presently located at the intersection of West Hickory and South Bonnie Brae in the City of Denton, Texas, and concerning certain real property within the immediate vicinity, specifically Lots 1, 2, and 3 of the Oak Street Terrace Addition, and the potential acquisition of real property interests. Consultation with the City's attorneys regarding legal issues associated with the condemnation or acquisition of the real property interests where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. [ID 15 -441, ID 15 -442, and ID 15- 443] City of Denton Page 1 of 1 Printed on 5/28/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -445, Version: 1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice - versa; current and proposed extension to moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; 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 ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D- 1- GN -14- 004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14- 09833 -431 currently pending in the 431st District Court of Denton County 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. City of Denton Page 1 of 1 Printed on 5/28/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN Legislation Text File #: ID 15 -452, Version: 1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087; and Deliberations regarding Real Property - Under Texas Government Code Section 551.072. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to Orison Holdings and economic development incentives and the acquisition of real property interests in the H. Sisco Survey, Abstract No. 1184, Denton, Denton County, Texas, generally located in the 600 block of E. Hickory. This discussion shall include commercial and financial information the City Council has received from Orison Holdings which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. City of Denton Page 1 of 1 Printed on 5/28/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN Legislation Text File #: ID 15 -453, Version: 1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code Section 551.071 and Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Receive a report and hold a discussion regarding legal and economic development issues regarding a proposed economic development incentive agreement for Project Ranger One (Denton - Tarrant PRW, LLC). This discussion shall include commercial and financial information the City Council has received from Project Ranger One which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. City of Denton Page 1 of 1 Printed on 5/28/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN Legislation Text File #: ID 15 -460, Version: 1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code Section 551.071 and Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to a potential economic development project generally located in the 2000 to 3000 blocks of South Interstate 35 East. This discussion shall include commercial and financial information the City Council has received from a prospect which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. City of Denton Page 1 of 1 Printed on 5/28/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO File #: ID 15 -407, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Isabel Cano regarding benches for bus stops. City of Denton Page 1 of 1 Printed on 5/28/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO File #: ID 15 -422, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Willie Hudspeth regarding Southeast Denton issues. City of Denton Page 1 of 1 Printed on 5/28/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -398, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Community Development CM/ ACM: John Cabrales Jr. Date: June 2, 2015 SUBJECT Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2015 - 2019 Consolidated Plan for Housing and Connnunity Development including the 2015 Action Plan for Housing and Connnunity Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. BACKGROUND During the past year, using a process with input from citizens, local non - profit organizations, and needs assessments completed by the Planning staff and the United Way of Denton County, Community Development staff developed Denton's 2015 - 2019 Consolidated Plan for Housing and Connnunity Development. The Consolidated Plan includes a five -year strategy with proposed goals for housing, social services, homeless prevention and assistance, public facilities and other program/project areas benefiting low and moderate - income households and neighborhoods. Residents from low and moderate - income neighborhoods were asked to complete a needs survey to assist staff in determining funding priorities. Annual action plans are developed based on the strategies outlined in the Consolidated Plan. On an annual basis, the City of Denton prepares an Action Plan for submission to the US Department of Housing and Urban Development (HUD). The Action Plan serves as the City's application for Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) program funding. The 2015 Action Plan represents the first year in the five -year plan. Public hearings requesting citizen input regarding the use of CDBG and HOME funds were held in October and November 2014. Application availability was advertised from November through January and workshops were provided for those requesting CDBG and HOME funds. The Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC) reviewed applications and held funding hearings in February and March. Each committee developed a set of funding recommendations. Staff has developed the 2015 Action Plan based on these recommendations. Administration activities are also included in the Action Plan. A public hearing on the draft 2015 Action Plan was held on April 21, 2015. A summary of all comments received by the Community Development Division is included in the document. City of Denton Page 1 of 3 Printed on 5/28/2015 File #: ID 15 -398, Version: 1 OPTIONS • Direct staff to submit the 2015 -2019 Consolidated Plan and the 2015 Action Plan as presented, including the proposed CDAC and HSAC recommendations, to the U.S. Department of Housing and Urban Development for review and approval. • Direct staff to make specific revisions to the Plans. RECOMMENDATION CDAC and HSAC recommendations are included in the Action Plan. Staff recommends approval of the Consolidated Plan as presented. ESTIMATED SCHEDULE OF PROJECT Consolidated Plan and Action Plan approval June 2, 2015 Submission of Consolidated Plan and Action Plan to HUD June 15, 2015 HUD release of funds & program/project initiation August 1, 2015 PRIOR ACTION/REVIEW (Council, Boards, Commissions) The CDAC reviewed requests for housing, non - profit facilities and park improvements. CDAC recommended $995,778 in CDBG and HOME funding be allocated to various projects and programs. The HSAC reviewed requests for social services program funding. HSAC developed recommendations for use of both CDBG funds and City general fund dollars. Though the list of general fund recommendations is included in the Action Plan, the approval of the Plan does not include approval of those recommendations. General fund recommendations will be considered during the normal budgeting cycle. HSAC recommended awards of $127,300 in CDBG funding to various social service programs. FISCAL INFORMATION All projects and programs approved under the 2015 Action Plan are funded through CDBG, HOME and program income from the use of these funds. No general fund dollars are included in the proposed Action Plan activities. General funds are budgeted for a portion of the program administration costs. BID INFORMATION N/A EXHIBITS Exhibit 1 - 2015 -2019 Consolidated Plan and 2015 Action Plan for Housing and Community Development Exhibit 2 - Resolution Respectfully submitted: Lancine Bentley Community Improvement Services Mgr City of Denton Page 2 of 3 Printed on 5/28/2015 File M ID 15 -398, Version: 1 Prepared by: Barbara Ross Community Development Administrator City of Denton Page 3 of 3 Printed on 5/28/2015 2015 -2019 Consolidated Plan and 2015 Action Plan ... for housing and community development Consolidated Plan DENTON 1 OMB Control No: 2506 -0117 (exp. 07/31/2015) CONSOLIDATED PLAN PREPARED BY: City of Denton Community Development Division 601 E. Hickory, Suite B Denton, Texas 76205 Main Phone Number: (940) 349 -7726 Email: community .development @cityofdenton.com Website: www.cityofdenton.com CITY COUNCIL APPROVAL: ➢ Presented on April 21, 2015 ➢ Considered for approval on June 2, 2015 Consolidated Plan DENTON 2 OMB Control No: 2506 -0117 (exp. 07/31/2015) TABLE OF CONTENTS Executive Summary ES -05 Executive Summary .......................................................................... ............................... 5 PR -05 Lead & Responsible Agencies ........................................................ ............................... 12 PR -10 Consultation .................................................................................. ............................... 12 PR -15 Citizen Participation ...................................................................... ............................... 18 Needs Assessment NA -05 Overview ...................................................................................... ............................... 20 NA -10 Housing Needs Assessment .......................................................... ............................... 20 NA -15 Disproportionately Greater Need: Housing Problems ................. ............................... 27 NA -20 Disproportionately Greater Need: Severe Housing Problems ..... ............................... 30 NA -25 Disproportionately Greater Need: Housing Cost Burdens ........... ............................... 33 NA -35 Public Housing ............................................................................... ............................... 35 NA -40 Homeless Needs Assessment ....................................................... ............................... 39 NA -45 Non - Homeless Special Needs Assessment ................................... ............................... 40 NA -50 Non - Housing Community Development Needs ........................... ............................... 42 Housing Market Analysis MA -05 Overview ...................................................................................... ............................... 44 MA -10 Number of Housing Units ............................................................. ............................... 44 MA -15 Housing Market Analysis: Cost of Housing .................................. ............................... 45 MA -20 Housing Market Analysis: Condition of Housing .......................... ............................... 50 MA -25 Public and Assisted Housing ........................................................ ............................... 52 MA -30 Homeless Facilities and Services .................................................. ............................... 54 MA -35 Special Needs Facilities and Services ........................................... ............................... 58 MA -40 Barriers to Affordable Housing .................................................... ............................... 60 MA -45 Non - Housing Community Development Assets .......................... ............................... 61 Strategic Plan SP -05 Overview ....................................................................................... ............................... 66 SP -10 Geographic Priorities ..................................................................... ............................... 66 SP -25 Priority Needs ................................................................................ ............................... 67 SP -35 Anticipated Resources ................................................................... ............................... 71 SP -40 Institutional Delivery Structure ..................................................... ............................... 73 SP -45 Goals .............................................................................................. ............................... 79 SP -50 Public Housing Accessibility and Involvement ............................... ............................... 82 SP -55 Barriers to affordable housing ....................................................... ............................... 83 Consolidated Plan DENTON 3 OMB Control No: 2506 -0117 (exp. 07/31/2015) SP -60 Homelessness Strategy .................................................................. ............................... 85 SP -65 Lead based paint Hazards .............................................................. ............................... 87 SP -70 Anti - Poverty Strategy ..................................................................... ............................... 89 SP -80 Monitoring ..................................................................................... ............................... 90 2015 Action Plan AP -15 Expected Resources ....................................................................... ............................... 92 AP -20 Annual Goals .................................................................................. ............................... 94 AP -35 Projects .......................................................................................... ............................... 97 AP -38 Project Summary ........................................................................... ............................... 98 AP -50 Geographic Distribution .............................................................. ............................... 108 AP -55 Affordable Housing ...................................................................... ............................... 109 AP -65 Homeless and Other Special Needs ............................................ ............................... 110 AP -75 Barriers to Affordable Housing .................................................... ............................... 114 AP- 85 Other Actions .............................................................................. ............................... 115 AP -90 Program Specific Requirements .................................................. ............................... 118 Appendices Citizen Participation Plan ....................................................................... ............................... 122 Fair Housing Plan and Analysis of Impediments to Housing Choice ..... ............................... 129 Consolidated Plan DENTON 4 OMB Control No: 2506 -0117 (exp. 07/31/2015) Executive Summary ES -05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of Denton receives grant funds annually from Congress according to an entitlement allocation formula whereby cities with populations over 50,000 are awarded funds by the U.S. Department of Housing and Urban Development (HUD). Congress appropriates funds to HUD for a number of programs. Entitlement cities are required by HUD to submit a five -year Consolidated Plan, which consolidates the planning, application and reporting requirements for the following federal programs: Community Development Block Grant (CDBG) was authorized under Title 1 of the Housing and Community Development Act of 1974. This formula -based program is designed to develop viable communities by providing decent housing, a suitable living environment, and expanding economic opportunities for low and moderate income persons. HOME Investment Partnership Program (HOME) was authorized under title II of the Cranston - Gonzales National Affordable Housing Act of 1990. This formula -based program was designed to increase homeownership and affordable housing opportunities for low and very low- income persons. Denton's 2015 -2019 Consolidated Plan describes the city's strategies and resources for the next five years creating a stronger link between the needs, strategies and available resources in Denton. The Action Plan is submitted on an annual basis and includes the proposed activities that the City will complete with federal funds to meet the ConPlan goals. Denton's Consolidated and Action Plans are a culmination of a collaborative effort between local citizens, nonprofit organizations, educational community, elected leaders, the Community Development Advisory and Human Services Advisory committees and the City. This establishes a unified vision for community development actions. This process allows for more effective coordination of efforts by consolidating federal requirements, submissions and planning for Denton's CDBG and HOME programs. The ConPlan outlines (1) housing and community development needs, particularly of low - income households, and (2) the objectives, strategies, and goals to address these needs. The ConPlan also promotes HUD's three main statutory objectives: 1. Decent Housing 2. Suitable Living Environment 3. Economic Development Consolidated Plan DENTON OMB Control No: 2506 -0117 (exp. 07/31/2015) Please Note: The nature of this document focuses on analyzing housing data for the HUD entitlement grant programs. This plan has been prepared in accordance with regulatory requirements and with data provided and required by HUD. The majority of this data is from a HUD prepared tabulation of U.S. Consolidated Plan data years 2005 to 2009. Therefore, some information may seem out of date based on the current 2014 data. 2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview The Strategic Plan provides a framework to address the needs of the City for the next five years using Community Development Block Grant (CDBG) and HOME Investment Partnership Grant (HOME) funds. The three overarching objectives guiding the proposed activities are: ➢ Providing Decent Affordable Housing ➢ Creating Suitable Living Environments ➢ Creating Economic Opportunities Outcomes show how programs and activities benefit the community. The three outcomes that will illustrate the benefits of each activity funded by the CDBG and HOME programs are: ➢ Improve Availability /Accessibility ➢ Improve Affordability ➢ Improve Sustainability All future activities funded in the next five years will support at least one objective and one outcome. The City's framework for realizing the objectives and outcomes include the following goals: Below is a list of goals by HUD objective. Decent Housing ➢ Encourage homeownership by providing down payment and closing assistance to 30 low and moderate income households. ➢ Maintain 235 existing affordable housing units for low and moderate income households including reconstruction, substantial rehabilitation and minor repairs for single - family housing units. ➢ Encourage and maintain 32 affordable rental units including rehabilitation of substandard units and construction of rental units by local CHDO for low and moderate income renters. ➢ Provision of homeless prevention activities for extremely low and low income persons including rental and other housing assistance to prevent families and individuals from becoming homeless. Consolidated Plan DENTON 6 OMB Control No: 2506 -0117 (exp. 07/31/2015) 2. Suitable Living Environment ➢ Provision of public facility and infrastructure improvements to benefit 10,000 people. ➢ Provision of public services such as health and mental care, affordable day care, after school programs, senior services, transitional housing, programs for victims of domestic violence, disabled services, and advocacy services to benefit 80,000 people. ➢ Provision of homeless assistance activities for homeless persons especially extremely low income or those with no income, persons with physical and mental disabilities including temporary shelter, food and clothing to chronically homeless and those that have recently become homeless. 3. Evaluation of past performance (677 characters) The City's activities designed to meet the goals presented in the 2010 -2014 Consolidated Plan are reported annually in the Consolidated Annual Performance and Evaluation Report (CAPER). Over the past several years, the City of Denton's Community Development program has focused on housing, public services and various public and non - profit facility improvements. The 2010 -2014 Consolidated Plan highlighted the need to continue assisting Denton's low and moderate - income homeowners with home improvement needs, assisting those that wish to purchase housing and providing support to the Denton area public service organizations. The Plan also targeted improvements to public facilities supporting public safety, better accessibility and improvement of the infrastructure in low /mod neighborhoods. Below is a chart showing the number of households or persons served through the Community Development Block Grant (CDBG) and the Home Investment Partnerships Program (HOME) since the development and approval of the 2010 -2014 Consolidated Plan. The public services assistance numbers reflect the total number of persons served by the agencies receiving CDBG and General Fund support. Home Improvement - Minor Repairs, Rehabilitation and Reconstruction 175 Homebuyer Assistance — City of Denton and Denton Affordable Housing Corp. 35 Tenant -Based Rental Assistance 1 Rental Rehabilitation — Denton Affordable Housing Corp. 41 Public Services, including Homeless Prevention & Assistance Services j 19,919 Total Number of Households /Persons Served 1 20,171 Homeownership assistance numbers are lower than projected. Although interest rates have remained low, many buyers are having difficulty qualifying for mortgage loans due to increased lending standards and changes in loan guidelines (e.g. increased upfront and monthly MIP fee). Also, the availability of housing is at a historical low and prices making the situation a serious seller's market. With the low inventory of housing and a high demand, the price and competition to buy a house have increased. This situation has made it extremely difficult for first -time homebuyer. Homes costing approximately $135,000 are extremely difficult to find Consolidated Plan DENTON OMB Control No: 2506 -0117 (exp. 07/31/2015) and are few and far between. CD staff is considering making a few changes to the program in order to assist households that can afford units with a slightly higher sales price and are available in the market. Facility improvements have included four sewer and two sidewalk projects. The sidewalks and entryways at the MLK Jr. Recreation Center were made accessible and a new shelter was built at Mack Park. Within the city of Denton are the only two daycares in Denton county providing services that are affordable to lower income households. The City has supported Denton City County Day School and Fred Moore Day Nursery School by providing funds for facility improvements. These daycare facilities allow parents to work and support their families. Due to a reduction in CDBG and HOME funding since the development of the 2010 -2014 Consolidated Plan, some goals, such as the repair and rehabilitation of rental units were not accomplished with the use of these funds. However, a 2011 Low Income Housing Tax Credit project renovated 126 rental units, with 122 of the units set aside for low- income households. This met the City's goal regarding rental unit rehabilitations. Evaluating past performance of public services involves a systematic process of review and evaluation of compliance with contract and agreement terms, conditions and policies. This process is designed to help agencies increase their service capacity resulting in increased availability of public service programs for our citizens. Specifically it has helped the City to: 1. ensure funds are used in appropriately avoiding fraud, waste, and mismanagement; 2. improve agency performance and increase management capabilities; 3. provide a continuous process for evaluation and improvement; and 4. develop a strong working relationship between the City and community organizations. Progress towards Consolidated and Action Plan goals are reported annually through the Consolidated Annual Performance and Evaluation Reports (CAPER). The four annual CAPERS submitted by the City of Denton have reported the results achieved in each of the first four years of the 2010 -2014 Consolidated Plan. Even with the significant reduction in CDBG and HOME funding, the City has exceeded the majority of its housing and community development goals especially through assistance to current low- income homeowners, assisting the homeless, improving infrastructure in low /mod neighborhoods, and provision of public services to those in need with substantial support from the City's general funds. 4. Summary of citizen participation process and consultation process (668 characters) To develop a more comprehensive plan with input from all facets of the community, the City's Community Development (CD) staff worked with the Planning and Development Department to assist in the development of a 2030 Denton Plan. CD staff also participated in the Needs Assessment conducted by the United Way of Denton County where they obtained input from various sectors of the community including business, government, Denton ISD and local service agencies. The information from both of these efforts, and that obtained by CD staff through the public hearing, social networking and public service agency input processes were used to develop the 2015 -2019 Consolidated Plan. The following is a brief description of those activities. Consolidated Plan DENTON 8 OMB Control No: 2506 -0117 (exp. 07/31/2015) 2030 Denton Plan activities: Starting in November 2012 and continuing through January 2015, the City's Planning and Development staff worked with other City staff and elected officials to host a "Kickoff Open House" and three Community Forums to gain input on future goals and policies. The forums were held in several locations throughout the city. Community Forum 1 included a "Spanish Series" held at Calhoun Middle School. CD staff also participated in the Technical Assistance Committee, a group of City staff members familiar with the various proposed activities and strategies in the Denton Plan. CD staff provided comments on the Affordable Housing, Neighborhood Livability and Social Service Programs sections of the plan. Information from the 2030 Denton Plan is included in the Consolidated Plan. United Way 2012 Community Assets and Needs Assessment: In 2011 the United Way began a needs assessment process to identify the most pressing needs in their service areas. Though the needs assessment included input from those serving and living in Denton County, the information was also pertinent to the City of Denton and the organizations funded through the City's CDBG and HOME programs. The process was guided by a steering committee which included the City's Community Development Administrator. Other members of the steering committee represented both the public and private sectors. The process included three discussion groups: 1) Business Leaders; 2) Service Providers; 3) and Faith Based Organizations. Questions focused on education, income, health and safety. Door -to -door community surveys were also conducted. Survey questions were aligned closely to the questions used in the discussion groups. Information from the 2012 Community Assets and Needs Assessment document is included in the Consolidated Plan. Community Development Public Input Process: In order to obtain input regarding community needs from the low to moderate - income community and other Denton residents, CD staff hosted two public hearings. Both hearings were held in neighborhoods where at least 51% of the residents were low to moderate - income. Spanish translators were available at both hearings. The public hearings were advertised in the local newspaper, on the City's website and also in the CD newsletter that is sent to individual residents that have participated in CDBG and HOME - funded programs, local social service agencies, neighborhood associations, City staff, etc. Community Development staff also attended neighborhood organization meetings in two low /mod neighborhoods. At each of these meetings, staff presented information on the City's current programs. Residents were asked to complete the needs survey either online or using the paper copies provided by staff. Staff also requested that local service agencies, including those serving the homeless and potentially homeless, complete the Community Development needs survey. Community Development staff has also obtained input from a significant portion of those organizations providing local services through participation in various coalitions and committees. Participants in these coalitions include the Denton Independent School District, Denton County, Denton County Mental Health and Mental Retardation, Serve Denton, local banks, etc. A list of the various coalitions /committees follows: Hunger Coalition, Pre -K Coalition, Denton County Homeless Coalition, Bank on Denton, Community Impact Committee, Mentor Denton, Committee on Persons with Disabilities and others. Consolidated Plan DENTON OMB Control No: 2506 -0117 (exp. 07/31/2015) 5. Summary of public comments Public Hearing Surveys: Ninety -seven (97) Community Development Public Hearing surveys were completed. Questions focused on three areas: Housing, Public (Social) Services and Public Facilities. Surveys were completed and submitted to CD staff or completed on the City's website. Surveys were completed by residents, public services agency personnel, housing organization personnel and others. The following is a summary of the responses. • 95.88% indicated support for use of the City's Federal funds to support local social service agencies. Below is a breakdown of the various public services that were considered the most significant needs. 0 85.57% - Homeless Assistance 0 81.44% -Meals Programs for Seniors 0 80.41% - Affordable Day Care for Children 0 77.32% - Assistance to Victims of Domestic Violence 0 76.29% - Programs to Help Families Live Independently 0 74.23% - Health and Medical Care 0 67.01% -Adult Day Care • 88.66% supported continued assistance to new homebuyers with down payment and closing cost assistance; • 85.57% indicated support for public facility improvements. Below is a breakdown of the various types of public facility improvements that were considered the most significant needs. • 76.29 %- Street Improvements • 71.13% - Sidewalks • 64.95% - Drainage Improvements • 64.95% - Water and /or Sewer System Improvements • 54.64% - Park /Playground Improvements • 48.45% - Service Agency Facilities • 85.57% indicated support for housing programs that provide minor repairs, rehabilitation and reconstruction; Public Hearing Survey Comments: • Several respondents indicated a need for public facility improvements in low- income areas, including streets, sidewalks, park improvements, recreational facilities, bike paths, etc. However, two of the comments indicated that public improvement projects should be funded from other sources and CDBG used for other programs. • The need for various types of affordable and /or transitional housing was noted, including group homes, accommodations for the mentally ill and construction of new housing units. Consolidated Plan DENTON 10 OMB Control No: 2506 -0117 (exp. 07/31/2015) • Public (social) services were stated as priorities. Services for victims of domestic violence were stated as a specific services need. • Homeless shelter facilities and programs to support the homeless in becoming independent. • One response stated that "Ensuring Denton provides a safe living environment for the most economically disadvantaged persons in our community ensures that all have a safe and desirable community." • Another response stated that "Items that are partially funded by the Federal Government, and partially funded by Denton taxpayers should be placed before the citizens prior to spending city tax dollars." City Council Public Hearing Comments • No comments were receiving during the April 21, 2015 public hearing. 30 -day Comment Period Comments • No comments were receiving during the 30 -day comment period. 6. Summary of comments or views not accepted and the reasons for not accepting them. N/A - All comments were accepted and considered. 7. Summary The City of Denton 2015 -2019 Consolidated Plan sets objectives, strategies and goals to improve the quality of life for low to moderate - income persons in the City. It assesses the needs and provides a market analysis of housing, homelessness, and other community development issues. The Strategic Plan for the City of Denton identifies the priority needs of Denton and describes the goals that the city will take to serve the priority needs of providing low to moderate income persons with decent housing, a suitable living environment, and creating economic opportunities in Denton. The Citizen Participation process indicated support for the following: 1) use of City's federal funds to support local social service agencies; 2) continuing down payment and closing cost assistance to new homebuyers; and 3) public facility improvements. Consolidated Plan DENTON 11 OMB Control No: 2506 -0117 (exp. 07/31/2015) The Process PR -05 Lead & Responsible Agencies 24 CFR 91.200(b) 1. Describe agency /entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies /entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department /Agency Community Development Division Denton Planning and Development Department Table 1— Responsible Agencies Narrative The Community Development Division is the lead agency responsible for overseeing the development of the Consolidated Plan for the City of Denton. The Community Development Division also administers the Community Development Block Grant (CDBG) and the HOME Investment Partnerships (HOME) Grant. Consolidated Plan Public Contact Information City of Denton Community Development Division 601 E. Hickory, Suite B Denton, Texas 76205 Phone: (940) 349 -7726 Fax: (940) 349 -7753 E -mail: community .development @cityofdenton.com Website: http: / /www.cityofdenton.com PR -10 Consultation - 91.100, 91.200(b), 91.215(1) Introduction The City of Denton utilizes a variety of methods to encourage on -going participation from residents, social service providers, and community development organizations. The participation process for the Consolidated Plan included public hearings, public comment period; a community survey for citizens and non - profit agencies, participating in coalitions and committees, consultation with various city departments; and consultation with housing providers. Consolidated Plan DENTON 12 OMB Control No: 2506 -0117 (exp. 07/31/2015) Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)). The City of Denton's Community Development Division coordinates the citizen consultation process for the five -year Consolidated Plan and each annual Action Plan. The Citizen Participation Plan (CPP), as approved by City Council, sets forth the City's policies and procedures for citizen input and participation in the grant process. After approval, copies of the Consolidated Plan and the Action Plan are published and made available at three to four city locations and the City's website. At least two of these locations are located in low to moderate - income neighborhoods. The CPP also describes the process affording citizens and organizations the opportunity to provide the City with information on housing and community development needs, as part of the preparation of the Consolidated Plan and Action Plans. Additionally, the City conducts at least two public hearings during the development process before the Consolidated Plan and the Action Plan are published. An additional public hearing takes place during the 30 -day comment period in order to obtain citizen's views and to respond to comments and questions. This final public hearing is held in conjunction with a scheduled City Council meeting. The City also sends notifications to various State agencies, local neighborhood groups, city departments, and service organizations as part of the consultation process. Summary of City's Activities to Enhance Coordination The City of Denton has a very strong network of service providers including those providing housing, education, health care and other needed services. Over the past four years, the United Way of Denton County, the City of Denton, the Denton Independent School District and other organizations have joined together to review and discuss the provision of services in the Denton area in an attempt to maximize the benefits derived from available resources. Below is a list of the committees that have been developed to assist in improving the coordination of services: • Denton County Homeless Coalition • Mayor's Committee on Persons with Disabilities • Denton Hunger Coalition • Pre -K (Kindergarten) Coalition • Community Impact Committee (specific issues discussed including mental health) • Bank on Denton County (attempt to support low- income use of checking /savings accounts rather than "pay day loan" providers.) City of Denton Community Development (CD) staff members participate on each of these committees. As a result of this participation, the City is part of a strong team of service providers who are working to improve services for the low income community. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Consolidated Plan DENTON 13 OMB Control No: 2506 -0117 (exp. 07/31/2015) The Continuum of Care (CoC) sets priorities for housing and supportive services to benefit persons experiencing homelessness. Working in collaboration and in support of the priorities set by the CoC, grants are used locally to provide the housing and supportive services that are necessary to make a real difference in people's lives. These funds create supportive housing projects so individuals and families can transition out of homelessness and back into the community. Supportive services include case management, life- skills training, substance addiction treatment, mental health treatment, educational opportunities, and other programs that foster self- sufficiency. The City of Denton is also an active participant in the Denton County Homeless Coalition (DCHC). DCHC understands that there are several obstacles to ending homelessness including quality data collection and sufficient resources for housing first initiatives as well as for the necessary supportive services for the homeless that include economic stability; employment; physical and mental health care services; substance abuse services; and transportation. These items present significant barriers to moving the homeless and those at risk of homelessness from experiencing homelessness to maintaining the independence and self- sufficiency necessary to sustain permanent stable housing. DCHC and the Continuum of Care (CoC) collaboration is a valuable strategy to ending homelessness in Denton. According to USICH's Opening Doors, the only lasting solution to homelessness is permanent stable housing. To that end, a combination of researched solutions from experts like USICH, TICH and THN; as well coordination of local best practices identified through DCHC collaborator's efforts, DCHC affirms that a housing first approach and centralized, community - wide coordinated system of services and programs will move individuals experiencing homelessness more efficiently to sustainable permanent housing. Clear strategies to identify those most at risk of becoming homeless will also be a focused approach. These will be fundamental to ending homelessness. In 2014 the DCHC finalized the process of merging with the Texas Balance of State (BOS) Continuum of Care (CoC) managed by the Texas Homeless Network (THN). Coordination with the Continuum of Care offers both entities expanded access to funding, quality collaborative tools, and greater knowledge resources. Coordination with the CoC offers several benefits. Collaboration includes improved data collection and better management of available resources by improving the Homeless Management Information System (HMIS) collections and increasing the number of contributors to HMIS locally. CoC collaboration improves the relevance of data collected through the annual Point -in -Time (PIT) homeless count. Another example of the value of collaboration as guided by the CoC is Denton's Coordinated Access Network (Denton CAN). Denton CAN is Denton's centralized, community -wide coordinated system of services and programs that is client centered. The goal is that over the next few years Denton CAN will build the framework for a permanent solution to unclog the system, reduce the duplication of efforts and improve assessment to better identify each client's specific need. Consolidated Plan DENTON 14 OMB Control No: 2506 -0117 (exp. 07/31/2015) Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS. This section is not applicable since Denton does not receive ESG funds from HUD as an annual entitlement. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities. City of Denton staff meets regularly with local housing and social service providers, neighborhood associations, the Denton Independent School District, and the United Way of Denton County. As stated in Section PR -10, #1 Introduction, Community Development and other City staff participate on various coalitions and, as part of the process, staff requests and receives information regarding community needs. Community Development participates in discussions regarding the programs that could be developed or expanded to meet these needs. Organizations participating in the forums include: Denton Housing Authority; Denton County MHMR; Fred Moore Day Nursery School; Denton City County Day School; Denton County Healthy Communities; Denton Affordable Housing Corporation; Cumberland Presbyterian Children's Home; various homeless assistance /prevention providers; and local banking institutions. Also, as noted previously, community feedback from the 2030 DentonPlan community forums was incorporated into the Consolidated Plan information. Agency/Group/Agency/Group/ What section of the How was the Agency /Group/ Organization Organization Organization Plan was addressed consulted and what are the anticipated Type Type by Consultation? outcomes of the consultation or areas for improved coordination? Denton Public Public Services Needs Coordinated meetings with school district, Independent Education Entity city and social services personnel to School District determine how to improve educational opportunities for at -risk youth. Denton Housing PHA Public Housing Needs Information on public housing needs was Authority provided by the DHA. Local housing organizations will work to provide additional affordable housing for Section 8 voucher holders and others. Denton County Mental Health Public Services Needs MHMR participates with Denton County MHMR Service Homeless Coalition to improve and expand Organization services to the mentally ill. Agencies work together to research additional resources for services. Consolidated Plan DENTON 15 OMB Control No: 2506 -0117 (exp. 07/31/2015) Agency/Group/Agency/Group/ What section of the How was the Agency /Group/ Organization Organization Organization Plan was addressed consulted and what are the anticipated Type Type by Consultation? outcomes of the consultation or areas for improved coordination? Day Cares — Affordable Child Public Services Needs Day cares and the City participate in United Fred Moore DayCare Providers Way's Pre -K Coalition. Coalition has Nursery School; resulted in, and will continue to support, Denton City collaborative efforts to promote County Day educational equality for at -risk children. School Denton CHDO Affordable Housing Participates on DC Homeless Coalition. Affordable Partners with City and other organizations Housing to develop additional affordable housing. Corporation Denton County Health Care Public Services Needs Coalition shares information about available Healthy Committee services and discusses how to fill gaps in the Communities health service area. Denton County Housing, Homelessness Continuous discussions regarding homeless Homeless Homeless Strategy needs in the Denton area. Works with City Coalition Services Homeless Needs - to develop programs and a State ESG Chronically homeless application to support the activities. Homeless Needs - Families with children Homelessness Needs - Veterans Mayor's Special Needs Public Services and CD acts as staff support for the committee. Committee on Services Public Facilities Committee develops recommendations for Persons with Committee improvement of local services and Disabilities infrastructure for those with disabilities. Denton Hunger Public Services Public Services Needs City participates in organizational meetings Coalition Assistance to determine needs. Members collaborate Group to find additional resources and methods of provision to the appropriate population. Bank on Denton Financial Financial /Public City participates and works with lenders to County Services Services provide information to residents that are Committee currently using "pay day" loan systems. This is an effort to support maximum household benefits from all income sources. Committee actions include outreach to and partnerships with local lenders to assist in providing financial education and services to low and moderate - income residents. Table 2 — Agencies, groups, organizations who participated Consolidated Plan DENTON 16 OMB Control No: 2506 -0117 (exp. 07/31/2015) Identify any Agency Types not consulted and provide rationale for not consulting The City made every effort to consult all Agency types. Other local /regional /state /federal planning efforts considered when preparing the Plan As stated previously, local planning efforts included the 2030 Denton Plan activities and the most recent United Way Needs Assessment and development of the Collective Impact Initiatives. The City also participates in the Texas Workforce Commission's High Demand Job Training program for the purpose of addressing existing and future workforce skills needs of our respective and regional employers. Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? 2030 Denton Plan City of Denton Planning & Tracking support and compliance with Development Department the 2030 Denton Plan will also support CD progress on housing and services goals included in the ConPlan. Pathways Home: A Texas Department of Ensuring greater coordination of Framework for Housing and Community supportive wrap- around services and Coordinating State Affairs / Balance of State, resources with local housing programs Administered Programs Texas Homeless Network to expand the community's capacity with Continuum of Care to prevent and end episodes of Planning to Address homelessness. Homelessness in Texas 2012 United Way United Way of Denton "Greatest Needs" stated in the UW Community Assets & County assessment mirror many of those in Needs Assessment the ConPlan. Support from the large number of participants that developed the UW assessment will assist in meeting the stated goals. Texas Balance of State Balance of State CoC, Ensuring there is a framework where Continuum of Care Texas Homeless Network; all programs within a CoC work Coordinated Denton County Homeless together to ensure that services are Access Technical Coalition accessible and well- targeted to the Assistance Initiative immediate needs of the client. Tool to help move programs such as shelter and transitional housing, among others, toward aligning eligibility criteria and services into a coherent and accessible system for people in crisis. Table 3 — Other local / regional / federal planning efforts Consolidated Plan DENTON 17 OMB Control No: 2506 -0117 (exp. 07/31/2015) Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(1)) The City of Denton receives Emergency Solutions Grant (ESG) funding from the Texas Department of Housing & Community Affairs (TDHCA). The City acts as a "pass through" entity and provides the funding to various non - profit organizations serving Denton County. Lewisville and Flower Mound, both entitlement cities, participate in the Denton County Homeless Coalition activities and support the agencies providing services through the ESG. TDHCA and these cities, along with the non - profit organizations, assist the City of Denton in the implementation of Consolidated Plan activities designed to end homelessness in the North Texas area. Denton also works closely with the Denton County Transportation Authority (DCTA) to provide much needed transportation in the area. DCTA's train and bus services allow those employed in Denton, but living in other areas or a significant distance from their work place, to obtain transportation to their places of employment. PR -15 Citizen Participation 1. Summary of citizen participation process /Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal- setting See "Introduction" number 4 for an explanation of the citizen participation and consultation process. In order to broaden the citizen participation process, residents were able to access a brief survey regarding the use of CDBG, HOME and other funding targeted to assist low and moderate - income individuals and households on the City's website 97 website surveys were completed by citizens. The opportunity for residents to provide comments and ideas without attending a public hearing, gave staff additional information on existing programs and what can be done to improve services. This input will be used, if necessary, to improve existing programs and, if funding is available, develop new programs to meet needs described in the surveys and other citizen participation activities. # Mode of Outreach Target of Outreach Summary of response /attend ance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Newspaper Ad Residents of the City No response No comments N/A Notification of Denton including requested. received of public low and moderate- hearings, ad income, various date — races and ethnicities, 10/21/14 non - English speaking specify other language: Spanish, residents in assisted housing, local non — profit service providers. Consolidated Plan DENTON 18 OMB Control No: 2506 -0117 (exp. 07/31/2015) 2 Two Public Hearings Same as above. Three residents attended. Supported continuation of City's Home Improvement and Minor Repair Programs. N/A Public Hearing Dates - 10/30/14 11/3/14 3 Two Residents of the two Residents were Included in #4 N/A SEDNA Neighborhood low and moderate- requested to "Survey" Meeting — Meetings income complete information. 10/27/14 neighborhoods. surveys. Denia Meeting - 12/1/14 4 Survey — Link to All city residents and 98 surveys were Seethe N/A N/A the survey organizations. completed. Executive included in the Summary, ES- Community 05, Sections 4 Development and 5 for a Newsletter that summary of is sent to service the comments. providers, residents in low /mod areas, Neighborhood Associations and local churches. Citizen Participation Outreach Table 4 — Citizen Participation Outreach Consolidated Plan DENTON 19 OMB Control No: 2506 -0117 (exp. 07/31/2015) Needs Assessment NA -05 Overview Needs Assessment Overview The Needs Assessment is a review of the housing needs, homeless needs, and non - housing needs. Housing and homeless needs are determined by: 1) affordability; 2) age and condition of units: and 3) occupancy or overcrowding. Non - housing needs are determined by: 1) need for social services; and 2) conditions of public improvements and facilities. NA -10 Housing Needs Assessment - 24 CFR 91.205 (a,bx) Summary of Housing Needs A total 47.76% of all households in Denton are low to moderate income: 16.40% of all households have incomes between 0 and 30% of the HUD Area Median Family Income (HAMFI); 13.56% of all households have incomes between 30% and 50% HAMFI; and 17.79% of all households have incomes between 50% and 80% HAMFI. Approximately 40.3% of all households or 16,085 households in the City have one the following housing problem: a) Substandard Housing - Lacking complete plumbing or kitchen facilities; b) Severely Overcrowded - With >1.51 people per room; c) Overcrowded - With 1.01 -1.5 people per room d) Housing cost burden greater than 50% of income; e) Housing cost burden greater than 30% of income; and f) Zero /negative Income. Of these households, 91.8% or 14,765 households are low to moderate income households. Based on the housing data below, the greatest housing problem facing Denton households is cost burden. Approximately, 6,845 households in Denton spend more than 30% of their gross income on rent /mortgage and utilities, which is considered a burden. Also, housing cost burden is particularly serious for the extremely low income segment of the households (households earning between 0% and 30% HAMFI) because over 66% of these households spend more than 50% of their gross income on housing. Demographics Base Year: 2000 Most Recent Year: 2011 % Change Population 80,537 111,960 39% Households 30,932 39,919 29% Median Income $35,422.00 $46,151.00 30% Table 5 - Housing Needs Assessment Demographics Data 2000 Census (Base Year), 2007 -2011 ACS (Most Recent Year) Source: Consolidated Plan DENTON 20 OMB Control No: 2506 -0117 (exp. 07/31/2015) Number of Households Table Table 6 - Total Households Table Data 2007 -2011 CHAS Source: Housing Needs Summary Tables 1. Housing Problems (Households with one of the listed needs) 0 -30% HAMFI >30 -50% HAMFI >50 -80% HAMFI >80- 100% HAMFI >100% HAMFI Total Households * 6,550 5,415 7,100 4,115 16,740 Small Family Households * 1,085 1,440 2,520 1,515 8,620 Large Family Households * 135 565 570 490 1,440 Household contains at least one person 62 -74 years of age 475 490 635 550 3,150 Household contains at least one person age 75 or older 230 395 585 310 1,100 Households with one or more children 6 years old or younger * 710 985 1,174 895 2,460 * the highest income category for these family types is >80% HAMFI Table 6 - Total Households Table Data 2007 -2011 CHAS Source: Housing Needs Summary Tables 1. Housing Problems (Households with one of the listed needs) Consolidated Plan DENTON 21 OMB Control No: 2506 -0117 (exp. 07/31/2015) Renter Owner 0- >30- >50- >80- Total 0- >30- >50- >80- Total 30% 50% 80% 100% 30% 50% 80% 100% AMI AMI AMI AMI AMI AMI AMI AMI NUMBER OF HOUSEHOLDS Substandard Housing - Lacking complete plumbing or kitchen facilities 135 20 80 80 315 10 0 30 0 40 Severely Overcrowded - With >1.51 people per room (and complete kitchen and plumbing) 65 60 30 0 155 0 25 0 0 25 Consolidated Plan DENTON 21 OMB Control No: 2506 -0117 (exp. 07/31/2015) Table 7 — Housing Problems Table Data 2007 -2011 CHAS Source: 2. Housing Problems 2 (Households with one or more Severe Housing Problems: Lacks kitchen or complete plumbing, severe overcrowding, severe cost burden) Renter I Owner 0- >30- >50- >80- Total 0- >30- >50- >80- Total 30% 50% 80% 100% 30% 50% 80% 100% AMI AMI AMI AMI AMI AMI AMI AMI NUMBER OF HOUSEHOLDS Having 1 or more of four housing problems 4,735 1,725 445 165 7,070 465 415 480 125 1,485 Consolidated Plan DENTON 22 OMB Control No: 2506 -0117 (exp. 07/31/2015) Renter Owner 0- >30- >50- >80- Total 0- >30- >50- >80- Total 30% 50% 80% 100% 30% 50% 80% 100% AMI AMI AMI AMI AMI AMI AMI AMI Overcrowded - With 1.01- 1.5 people per room (and none of the a bove problems) 110 225 90 60 485 0 45 55 40 140 Housing cost burden greater than 50% of income (and none of the above problems) 4,425 1,425 240 20 6,110 455 345 395 85 1,280 Housing cost burden greater than 30% of income (and none of the above problems) 260 2,200 2,050 425 4,935 150 400 750 610 1,910 Zero /negative Income (and none of the a bove problems) 595 0 0 0 595 95 0 0 0 95 Table 7 — Housing Problems Table Data 2007 -2011 CHAS Source: 2. Housing Problems 2 (Households with one or more Severe Housing Problems: Lacks kitchen or complete plumbing, severe overcrowding, severe cost burden) Renter I Owner 0- >30- >50- >80- Total 0- >30- >50- >80- Total 30% 50% 80% 100% 30% 50% 80% 100% AMI AMI AMI AMI AMI AMI AMI AMI NUMBER OF HOUSEHOLDS Having 1 or more of four housing problems 4,735 1,725 445 165 7,070 465 415 480 125 1,485 Consolidated Plan DENTON 22 OMB Control No: 2506 -0117 (exp. 07/31/2015) Table 8 — Housing Problems 2 Data 2007 -2011 CHAS Source: 3. Cost Burden > 30% Renter Owner 0- >30- >50- >80- Total 0- >30- >50- >80- Total 815 30% 50% 80% 100% 230 30% 50% 80% 100% 275 190 AMI AMI AMI AMI 498 AMI AMI AMI AMI 580 Having none of 240 195 800 Other 3,885 2,329 1,380 7,594 140 80 four housing 465 Total need by income 4,899 3,884 2,405 11,188 605 790 1,178 2,573 problems 490 2,580 4,255 1,990 9,315 175 695 1,925 1,835 4,630 Household has negative income, but none of the other housing problems 595 0 0 0 595 95 0 0 0 95 Table 8 — Housing Problems 2 Data 2007 -2011 CHAS Source: 3. Cost Burden > 30% Table 9 — Cost Burden > 30% Data 2007 -2011 CHAS Source: 4. Cost Burden > 50% Renter Owner 0 -30% AMI >30- 50% AMI >50- 80% AMI Total 0 -30% AMI >30- 50% AMI >50- 80% AMI Total NUMBER OF HOUSEHOLDS Small Related 815 1,025 615 2,455 60 230 520 810 Large Related 94 275 190 559 40 240 218 498 Elderly 105 255 220 580 365 240 195 800 Other 3,885 2,329 1,380 7,594 140 80 245 465 Total need by income 4,899 3,884 2,405 11,188 605 790 1,178 2,573 Table 9 — Cost Burden > 30% Data 2007 -2011 CHAS Source: 4. Cost Burden > 50% Table 10 — Cost Burden > 50% Data Source: 2007 -2011 CHAS Consolidated Plan DENTON 23 OMB Control No: 2506 -0117 (exp. 07/31/2015) Renter Owner 0 -30% AMI >30- 50% AMI >50- 80% AMI Total 0 -30% AMI >30- 50% AMI >50- 80% AMI Total NUMBER OF HOUSEHOLDS Small Related 705 335 0 1,040 45 90 145 280 Large Related 90 95 30 215 40 140 29 209 Elderly 95 165 85 345 255 105 45 405 Other 3,710 864 135 4,709 115 15 175 305 Total need by income 4,600 1,459 250 6,309 455 350 394 1,199 Table 10 — Cost Burden > 50% Data Source: 2007 -2011 CHAS Consolidated Plan DENTON 23 OMB Control No: 2506 -0117 (exp. 07/31/2015) 5. Crowding (More than one person per room) Table 11— Crowding Information —1/2 Data 2007 -2011 CHAS Source: Renter Owner 0- 0- >30- >50- >80- Total 0- >30- >50- >80- Total 80% 30% 50% 80% 100% 30% 50% 80% 100% AMI AMI AMI AMI AMI AMI AMI AMI AMI NUMBER OF HOUSEHOLDS Single family with Children Present households 110 180 105 60 455 0 45 25 0 70 Multiple, unrelated family households 35 70 15 0 120 0 25 30 40 95 Other, non - family households 60 30 0 0 90 0 0 0 0 0 Total need by 205 280 120 60 665 0 70 55 40 165 income Table 11— Crowding Information —1/2 Data 2007 -2011 CHAS Source: Table 12 — Crowding Information — 2/2 Describe the number and type of single person households in need of housing assistance. In 2014, the DCHC conducted its annual Point -In -Time Count (PIT). The service area includes Denton County. The count revealed that there were 1340 homeless in Denton County. Four - hundred, ninety -five of those are in the city of Denton. The PIT Count revealed 82.4% are single person households. The housing needs for this population include short -term, transitional, and permanent supportive housing options as well as more affordable permanent independent living housing options. Estimate the number and type of families in need of housing assistance who are disabled or victims of domestic violence, dating violence, sexual assault and stalking. DISABLED: According to the 2013 American Community Survey, Denton has estimated 13,131 people with a disability which is 11% of the populations. The most common disabilities are ambulatory difficulties at 28.4% and difficulty with independent living at 21.8 %. Ambulatory difficulties are higher among the population of 18 -64 years at 52.1 % and among the 65 years or older population at 46.7°/x. Consolidated Plan DENTON 24 OMB Control No: 2506 -0117 (exp. 07/31/2015) Renter Owner 0- >30- >50- Total 0- >30- >50- Total 30% 50% 80% 30% 50% 80% AMI AMI AMI AMI AMI AMI Households with Children Present Table 12 — Crowding Information — 2/2 Describe the number and type of single person households in need of housing assistance. In 2014, the DCHC conducted its annual Point -In -Time Count (PIT). The service area includes Denton County. The count revealed that there were 1340 homeless in Denton County. Four - hundred, ninety -five of those are in the city of Denton. The PIT Count revealed 82.4% are single person households. The housing needs for this population include short -term, transitional, and permanent supportive housing options as well as more affordable permanent independent living housing options. Estimate the number and type of families in need of housing assistance who are disabled or victims of domestic violence, dating violence, sexual assault and stalking. DISABLED: According to the 2013 American Community Survey, Denton has estimated 13,131 people with a disability which is 11% of the populations. The most common disabilities are ambulatory difficulties at 28.4% and difficulty with independent living at 21.8 %. Ambulatory difficulties are higher among the population of 18 -64 years at 52.1 % and among the 65 years or older population at 46.7°/x. Consolidated Plan DENTON 24 OMB Control No: 2506 -0117 (exp. 07/31/2015) DOMESTIC VIOLENCE: On average more than 390 victims of domestic violence and sexual assaults are served annually. Through existing collaborative case management programs, most receive housing counseling, search, and placement services. Of the 270 provided with rapid re- housing assistance with 2013 -14 ESG funding more than 72% came from the domestic violence shelter. With increases in population projected for Denton, it is possible that the incidents of domestic violence may increase. Therefore, there is a need to continue to include housing services projects for victims of domestic violence. What are the most common housing problems? Based on the housing data below, the greatest housing problem facing Denton households is cost burden. Approximately, 6,845 households in Denton spend more than 30% of their gross income on rent /mortgage and utilities, which is considered cost burden. Approximately, 7,390 households spend more than 50% of their gross income on housing, which is considered a severe cost burden. Are any populations /household types more affected than others by these problems? Housing cost burden is particularly serious for the extremely low income households (households earning between 0% and 30% HAMFI) because over 66% of these households spend more than 50% of their gross income on housing. These households are extremely vulnerable to having a financial or personal crisis that could lead to homelessness. Housing cost burden is also more serious for renters. Of all the households that have cost burden, 77.5% or 11,045 households are renter households and about 93% of the renters with cost burden are low and moderate income households. From the data it can be determined that cost burden is more serious for low and moderate income renters. Describe the characteristics and needs of Low - income individuals and families with children (especially extremely low- income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered 91.205(c)/91.305(c)). Also discuss the needs of formerly homeless families and individuals who are receiving rapid re- housing assistance and are nearing the termination of that assistance. Regardless of family structure, asset poverty is a characteristic shared by those who are at -risk of homelessness. Asset poverty is where those who are low income do not have the financial, social and /or physical assets to protect themselves when faced with an unexpected crisis. This lack of supports and assets to manage a crisis makes this population more at risk of homelessness. A loss of job, significant health issue, death of a spouse, transportation breakdown, or other financial stress can easily result in homelessness for an individual or family. Available data reveals that characteristics for being at risk group include the under employed, those on welfare -to -work systems, single parent households, and those who have expenses that exceed income. There is an increased risk for those who are known to be doubling up or for those persons paying more than 50% of their income for housing. When Consolidated Plan DENTON 25 OMB Control No: 2506 -0117 (exp. 07/31/2015) incidents of sudden unemployment, transportation problems, health concerns, rent /mortgage arrears and /or eviction notices occur then there is an exponential increase in the likelihood that the person will experience homelessness. The population of Rapid Re- Housing recipients in Denton represents a specific group of formally homeless. Because they have already experienced homelessness, they are at higher risk of returning to homelessness. As a result, the Rapid Re- Housing program includes a case management plan that involves evaluation of client self- sufficiency before assistance is terminated. There were 270 persons in 103 households that received Rapid Re- Housing case management and financial housing assistance in the 2013 -14 ESG program year. Eighty -one percent were exited to a permanent housing destination receiving some financial assistance for a term of 3 -6 months. Eighty -nine percent of those maintained that housing for 3 months after assistance was ended. This information may be evidenced by the characteristics and needs of individuals and families with children who are currently entering the homeless assistance system or appearing for the first time on the streets. In addition, specify particular housing characteristics that have been linked with instability and an increased risk of homelessness. Include an estimate of the number and type of formerly homeless families and individuals that are receiving rapid re- housing assistance and are nearing the termination of that assistance. If a jurisdiction provides estimates of the at -risk population(s), it should also include a description of the operational definition of the at -risk group and the methodology used to generate the estimates: As defined locally, a person is homeless who is literally on the street, staying in an emergency shelter, or living in a place not fit for human habitation. A person is at risk of homelessness if they are about to be evicted from a current place of habitation. The methodology used to determine needs of identified groups is determined from review of local HMIS data; annual Point -In -Time Count data; Coordinated Access Network intake surveys; Denton Count Homeless Coalition analysis of strengths and gaps; and grant performance reports from human services funding. Specify particular housing characteristics that have been linked with instability and an increased risk of homelessness. Data reveals that at risk groups characteristics include the under employed, those on welfare - to -work systems, single parent households, and those whose expenses that exceed income. There is an increased risk for those who are known to be doubling up or those persons paying more than 50% of their income for housing. When incidents of sudden unemployment, transportation problems, health concerns, rent /mortgage arrears and /or eviction notices occur then this population is likely to experience homelessness. Consolidated Plan DENTON 26 OMB Control No: 2506 -0117 (exp. 07/31/2015) NA -15 Disproportionately Greater Need. Housing Problems — 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction According to the 2013 American Community Survey, Denton has an estimated 24,415 people or 21.7% that have incomes below the poverty level. Poverty is higher among minority people in Denton: 29.9% are Hispanic or Latino origin; 23.5% are Black or African American; 14.7% are White. HUD's definition of "Disproportionately greater need" exists when the percentage of persons in a category of need who are members of a particular racial or ethnic group is at least 10 percentage points higher than the percentage of persons in the category as a whole. Housing problems exist when there is the incidence of at least one of the following housing problems: lack of complete kitchen facilities; lack of complete plumbing; overcrowded households (more than 1.5 persons per room, not including bathrooms, porches, foyers, halls, or half- rooms), and cost burden greater than 30% of a household's income. 0 % -30% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no /negative income, but none of the other housing problems Jurisdiction as a whole 5,105 310 340 White 3,015 200 235 Black/ African American 620 80 35 Asian 299 0 45 American Indian, Alaska Native 34 0 0 Pacific Islander 0 0 0 Hispanic 1,010 10 14 Table 13 - Disproportionally Greater Need 0 - 30% AMI Data 2007 -2011 CHAS Source: *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% Consolidated Plan DENTON 27 OMB Control No: 2506 -0117 (exp. 07/31/2015) 30% -50% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no /negative income, but none of the other housing problems Jurisdiction as a whole 4,645 929 0 White 2,730 559 0 Black/ African American 510 100 0 Asian 175 0 0 American Indian, Alaska Native 23 10 0 Pacific Islander 0 0 0 Hispanic 1,075 240 0 Table 14 - Disproportionally Greater Need 30 - 50% AMI Data 2007 -2011 CHAS Source: *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% 50% -80% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no /negative income, but none of the other housing problems Jurisdiction as a whole 2,825 3,585 0 White 1,885 2,355 0 Black/ African American 220 355 0 Asian 14 54 0 American Indian, Alaska Native 20 25 0 Pacific Islander 0 30 0 Hispanic 580 670 0 Table 15 - Disproportionally Greater Need 50 - 80% AMI Data 2007 -2011 CHAS Source: *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% Consolidated Plan DENTON 28 OMB Control No: 2506 -0117 (exp. 07/31/2015) 80% -100% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no /negative income, but none of the other housing problems Jurisdiction as a whole 1,165 2,415 0 White 900 1,900 0 Black/ African American 170 130 0 Asian 0 120 0 American Indian, Alaska Native 0 20 0 Pacific Islander 0 0 0 Hispanic 90 220 0 Table 16 - Disproportionally Greater Need 80 -100% AMI Data 2007 -2011 CHAS Source: *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% Discussion There is a strong connection with housing problems and household income in Denton. There are 13,740 households (or 34.4% of all households) in Denton that experience housing problems. The lower the household income, the more households that experience severe housing problems. 0 -30% of Area Median Income 5105 households 30 -50% of Area Median Income 4645 households 50 -80% of Area Median Income 2825 households 80 -100% of Area Median Income 1165 households Below is the breakdown by income and any disproportionately greater need that exists: 0 -30% of Area Median Income ➢ A total of 88.7% of all households in Denton have housing problems. In this category, 34 American Indians have 11.3% points greater than the housing problems of Denton as a whole. +30 -50% of Area Median Income ➢ A total of 83.3% of all households in Denton have housing problems. In this category, 175 Asians have 16.7% points greater than the housing problems of Denton as a whole. Consolidated Plan OMB Control No: 2506 -0117 (exp. 07/31/2015) DENTON 29 +50 -80% of Area Median Income ➢ No race was disproportionally affected in this income category +80 -100 of Area Median Income ➢ 170 Black /African Americans have 24.1% points greater than the housing problems of Denton as a whole. NA -20 Disproportionately Greater Need: Severe Housing Problems — 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction Disproportionately greater need exists when the percentage of persons in a category of need, who are members of a particular racial or ethnic group, is at least 10 percentage points higher than the percentage of persons in the category as a whole. Severe housing problems exist when there is the incidence of at least one of the following housing problems: lack of complete kitchen facilities; lack of complete plumbing; overcrowded households (more than 1.5 persons per room, not including bathrooms, porches, foyers, halls, or half- rooms), and cost burden greater than 50% of a household's income. 0 % -30% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no /negative income, but none of the other housing problems Jurisdiction as a whole 4,550 864 340 White 2,685 529 235 Black/ African American 539 160 35 Asian 275 24 45 American Indian, Alaska Native 24 4 0 Pacific Islander 0 0 0 Hispanic 890 130 14 Table 17 — Severe Housing Problems 0 - 30% AMI Data 2007 -2011 CHAS Source: *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% Consolidated Plan DENTON 30 OMB Control No: 2506 -0117 (exp. 07/31/2015) 30% -50% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no /negative income, but none of the other housing problems Jurisdiction as a whole 1,795 3,785 0 White 1,020 2,280 0 Black/ African American 230 385 0 Asian 65 105 0 American Indian, Alaska Native 15 19 0 Pacific Islander 0 0 0 Hispanic 415 895 0 Table 18 — Severe Housing Problems 30 - 50% AMI Data 2007 -2011 CHAS Source: *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% 50% -80% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no /negative income, but none of the other housing problems Jurisdiction as a whole 745 5,665 0 White 415 3,825 0 Black/ African American 55 530 0 Asian 4 69 0 American Indian, Alaska Native 0 45 0 Pacific Islander 0 30 0 Hispanic 240 1,010 0 Table 19 — Severe Housing Problems 50 - 80% AMI Data 2007 -2011 CHAS Source: *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% Consolidated Plan DENTON 31 OMB Control No: 2506 -0117 (exp. 07/31/2015) 80% -100% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no /negative income, but none of the other housing problems Jurisdiction as a whole 170 3,395 0 White 104 2,695 0 Black/ African American 45 255 0 Asian 0 120 0 American Indian, Alaska Native 0 20 0 Pacific Islander 0 0 0 Hispanic 25 290 0 Table 20 — Severe Housing Problems 80 - 100% AMI Data 2007 -2011 CHAS Source: *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% Discussion There is also a strong connection with severe housing problems and household income in Denton. There are 7,260 households (or 18.2% of all households) in Denton that experience severe housing problems. The lower the household income, the more households that experience severe housing problems. 0 -30% of Area Median Income 4550 households 30 -50% of Area Median Income 1795 households 50 -80% of Area Median Income 745 households 80 -100% of Area Median Income 170 households Below is the breakdown by income and any disproportionately great need that exist: 0 -30% of Area Median Income ➢ No race was disproportionally affected in this income category. +30 -50% of Area Median Income ➢ 15 American Indian households have 11.9% points greater than the severe housing problems of Denton as a whole. +50 -80% of Area Median Income ➢ No race was disproportionally affected in this income category. +80 -100 of Area Median Income ➢ 45 Black /African Americans have 10.2% points greater than the severe housing problems of Denton as a whole. Consolidated Plan DENTON OMB Control No: 2506 -0117 (exp. 07/31/2015) 32 NA -25 Disproportionately Greater Need: Housing Cost Burdens — 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction: Disproportionately greater need exists when the percentage of persons in a category of need who are members of a particular racial or ethnic group is at least 10 percentage points higher than the percentage of persons in the category as a whole. The tables below display disproportionately greater needs related to housing cost burden. Housing Cost Burden Housing Cost Burden < =30% 30 -50% >50% No / negative income (not computed) Jurisdiction as a whole 22,164 7,804 6,559 380 White 17,615 5,180 4,040 235 Black / African American 1,325 760 790 50 Asian 375 179 309 70 American Indian, Alaska Native 90 34 39 0 Pacific Islander 30 0 0 0 Hispanic 2,465 1,495 1,190 14 Table 21— Greater Need: Housing Cost Burdens AMI Data 2007 -2011 CHAS Source: Discussion: Below is the breakdown by income and any disproportionately great need that exist: Less than 30% Cost Burden ➢ A total of 60% of all households in Denton have no cost burden and spend no more than 30% of their gross income on housing related costs. In this category of less than 30% cost burden, no race was disproportionally affected in this income category. 30 -50% Cost Burden ➢ A total of 21% of all households in Denton have cost burden of 30 to 50% of their gross income on housing related costs. In this category of 30 -50% cost burden, no race was disproportionally affected in this income category. Greater than 50% Cost Burden Consolidated Plan DENTON 33 OMB Control No: 2506 -0117 (exp. 07/31/2015) ➢ A total of 17.8% of all households in Denton have severe cost burden of greater than 50% of their gross income on housing related costs. In this category of greater than 50% cost burden, 790 Black /African Americans have 9% points greater than the severe cost burden of Denton as a whole. Also, 309 Asians have 15.3% points greater than the severe cost burden of Denton as a whole. Are there any Income categories in which a racial or ethnic group has disproportionately greater need than the needs of that income category as a whole? Based on the CHAS data, Black /African American, American Indian and Asian households experienced a disproportionately great need across a variety of income categories as shown below, these racial groups include relatively small sample sizes. Disproportionately Greater Need: Housing Problems • 34 American Indians have 11.3% points greater than the housing problems of Denton as a whole with incomes at 0 -30 %. • 175 Asians have 16.7% points greater than the housing problems of Denton as a whole with incomes at 31 -50% • 170 Black /African Americans have 24.1% points greater than the housing problems of Denton as a whole at 80- 100°/x. Disproportionately Greater Need: Severe Housing Problems • 15 American Indian households have 11.9% points greater than the severe housing problems of Denton as a whole with incomes at 30 -50 %. • 45 Black /African Americans have 10.2% points greater than the severe housing problems of Denton as a whole with incomes at 80 -100% Disproportionately Greater Need: Housing Cost Burden • 790 Black /African Americans have 9% points greater than the severe cost burden of Denton as a whole paying above 50% on housing related costs. • 309 Asians have 15.3% points greater than the severe cost burden of Denton as a whole paying above 50% on housing related costs. If they have needs not identified above, what are those needs? The needs were identified above. 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The THN is a non - profit membership -based organization helping Texas communities to prevent and end homelessness. THN is a 501(c)(3) organization that is partially funded through Texas Department of Housing and Community Affairs and Texas Department of State Health Services. Homeless needs are being addressed on a regional basis with coordinated services and shelters provided by agencies located in Denton, Texas. If data is not available for the categories "number of persons becoming and exiting homelessness each year," and "number of days that persons experience homelessness," describe these categories for each homeless population type (including chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth): Nature and Extent of Homelessness: (Optional) Race: Sheltered: Unsheltered (optional) Ethnicity: Sheltered: Unsheltered (optional) Estimate the number and type of families in need of housing assistance for families with children and the families of veterans. Using PIT Count data the community had 1340 sheltered and unsheltered homeless. More than 1,400 persons representing just over 1,000 households were served in the ESG program in 2013 -14. Seventy -one veterans were served in the ESG program. The majority received some level of housing assistance from housing services referrals and housing stability case management to financial assistance for Homelessness Prevention and Rapid Re- Housing services. Among the family types there are single parent households. The PIT Count revealed 11% (148) of the counted were households with children and that approximately 30% of those counted were veterans (402). Using this data and experience it is estimated that close to 200 households are families in need of housing assistance and 45 would be families of veterans. Describe the Nature and Extent of Homelessness by Racial and Ethnic Group. The annual Point -In -Time Count collected information by Racial and Ethnic groups. It revealed that 12.4% were of Hispanic /Latino ethnicity and the top three categories by race where 75.7% White, 19.4% Black or African American, 3.7% American Indian or Alaska Native. Consolidated Plan DENTON 39 OMB Control No: 2506 -0117 (exp. 07/31/2015) Describe the Nature and Extent of Unsheltered and Sheltered Homelessness. Approximately 59% of those counted in annual Point -In -Time Count were sheltered in transitional housing programs, emergency shelters, and other non - permanent sources of housing. Of the remaining 41 %, 22% were chronically homeless. Discussion: See discussion above. NA -45 Non - Homeless Special Needs Assessment - 91.205 (b,d) Introduction: The City of Denton relies on local non - profit organizations to provide many services to the non - homeless special needs populations. The City will continue to support the efforts of these and other organizations that provide housing and supportive services to non - homeless special needs individuals. Describe the characteristics of special needs populations in your community: In addition to those in asset poverty, there are also persons with other special needs that put them at a higher risk of becoming homeless. Veterans; domestic violence victims; the elderly; and persons with chronic mental, physical health or substance abuse issues are among those special needs populations. What are the housing and supportive service needs of these populations and how are these needs determined? The methodology used to determine needs is gathered from review of local HMIS data; annual Point -In -Time Count data; Coordinated Access Network intake surveys; coordination among Denton Count Homeless Coalition (DHC) partners, DCHC analysis of community strengths and gaps; and grant performance reports from human services funding. The housing needs are relatively consistent among all populations of homeless and those at risk of homelessness: • Increase funding for rapid re- housing for families and individuals including housing location and stabilization resources; • Increase the number of short -term supportive and long -term affordable housing units for both individuals and families with children; • Increase specialized housing for those in Permanent Supportive Housing for those with prioritized special needs; • Building relationships between service providers and landlords to increase access to independent living housing options. Consolidated Plan DENTON 40 OMB Control No: 2506 -0117 (exp. 07/31/2015) While supportive services needs vary based on each of the special needs, the system of delivery is relatively consistent among all populations of homeless and those at risk of homelessness. There are social service agencies working in collaboration to target programs to serve these special needs. Many receive direct funding to support their efforts. Each of these agencies offers housing programs and services unique to their client needs or it coordinates with other service agencies to help the client obtain supportive services needed. Intentional local coordination will happen through the work of coalitions formed for advocacy of special needs, Denton's Coordinated Access Network (CAN), and the coordination of case management services delivery for special needs. Discuss the size and characteristics of the population with HIV /AIDS and their families within the Eligible Metropolitan Statistical Area: According to national figures, about 3.9% of people with HIV are homeless. As applied to the number of persons living with HIV (as of the end of 2013) the results are in the table below. Source: HIV Trends in Areas Eligible for Funds under CDC FOA 15 -1502 htto: / /www. aooale.com /url ?sa= t &rct =i &a= &esrc =s& source = web &cd =3 &cad= ria &uact =8 &ved OCCsQF /AC &url= http %3A %2F %2Fwww.dshs. state. U. us% 2Fhivstd %2Ffun din g %2FHIVTrends. Pdf &ei =SO sVJ7MHei0sAS34oBQ& usq= AFQ/ CNFKBH2O1aD4ovFGIB isGIKDwu971q &sig2= zrtvdlRnurk TiK- MsWOugw Consolidated Plan DENTON 41 OMB Control No: 2506 -0117 (exp. 07/31/2015) Texas Austin Dallas Fort Houston San TGA EMA Worth EMA Antonio TGA TGA People living with 76,621 5,254 18,428 4,973 23,914 5,608 HIV Homeless 2,988 205 719 194 933 219 Source: HIV Trends in Areas Eligible for Funds under CDC FOA 15 -1502 htto: / /www. aooale.com /url ?sa= t &rct =i &a= &esrc =s& source = web &cd =3 &cad= ria &uact =8 &ved OCCsQF /AC &url= http %3A %2F %2Fwww.dshs. state. U. us% 2Fhivstd %2Ffun din g %2FHIVTrends. Pdf &ei =SO sVJ7MHei0sAS34oBQ& usq= AFQ/ CNFKBH2O1aD4ovFGIB isGIKDwu971q &sig2= zrtvdlRnurk TiK- MsWOugw Consolidated Plan DENTON 41 OMB Control No: 2506 -0117 (exp. 07/31/2015) NA -50 Non - Housing Community Development Needs — 91.215 (f) Describe the jurisdiction's need for Public Facilities: Over the past five years, the City of Denton has supported the development of public facilities in lower- income neighborhoods through the use of Community Development Block Grant (CDBG) and other funding sources. This increased access to new or recently upgraded public facilities has strengthened Denton's neighborhoods and supported the investment of private funds in housing and other improvements. Though most of the public facility improvements are funded through local sources, CDBG has, for the past thirty years, been an important resource for low /mod neighborhood improvements. The recent Community Forums carried out by the City's Planning and Development Department as part of the 2030 DentonPlan process, indicated a need for various public facilities including the following: streets, sidewalks, pedestrian and bicycle access, drainage and parks. It was noted that Denton has "aging infrastructure" that requires upgrades and /or replacement. Citizen surveys requesting input regarding the use of future CDBG, HOME and other funding sources also indicated a need for public facility improvements in various areas of the city. How were these needs determined? As part of the development of the Consolidated Plan and annual Action Plan, Denton's Community Development staff held two public hearings in low and moderate - income neighborhoods and attended two neighborhood meetings held in low /mod neighborhoods where staff requested input on housing, neighborhood infrastructure, public services and other needs in the community and the specific neighborhood. A questionnaire was also placed on the City's website. Residents and organizations were asked to complete the questionnaire. Information regarding the questionnaire was included in the Community Development newsletter and various emails messages. As stated above, the City's Planning and Development Department carried out a series of Community Forums to obtain comments and discussion on community needs and solutions. Describe the jurisdiction's need for Public Improvements: Citizen comments indicated that streets, sidewalks, bicycle paths, drainage and parks were the specific public improvements that are needed in the Denton community. Streets appeared to be the primary concerns of most citizens. In order to prioritize the street improvements, City staff will use the "Overall Condition Index" (OCI) which scores streets at 0 — 100. A street will be placed on the reconstruction list if it ranked at 35 points or higher, or has a water /waste water line that is being replaced in the street. Funding from non - Federal sources will be used to complete a significant number of street improvements. Other public improvements to neighborhood parks, drainage, sidewalks, etc., will be determined by annual Action Plan input regarding the resident's priorities for the coming year. Consolidated Plan DENTON 42 OMB Control No: 2506 -0117 (exp. 07/31/2015) How are these needs determined? Please see the explanation above describing how public facilities needs were determined. Describe the jurisdiction's need for Public Services: How are these needs determined? Social (public) services agencies work closely with the Community Development staff. On an annual basis, these agencies request funding from the City based on community needs. Each agency provides information on service needs and these are reviewed by the City Council - appointed Human Services Advisory Committee (HSAC). The HSAC develops funding recommendations based on the information they've reviewed regarding service needs in the city. This method of obtaining information from the local service agencies along with the community forums, public hearings, neighborhood association meetings and surveys conducted by the United Way and the City's Community Development Division have assisted in determining Denton's need for various public services. Consolidated Plan DENTON 43 OMB Control No: 2506 -0117 (exp. 07/31/2015) Housing Market Analysis MA -05 Overview Housing Market Analysis Overview: Several factors are used to describe Denton's housing market. This section of the Consolidated Plan includes information on the following: Number of Housing Units Cost of Housing Condition of Housing Public /Assisted Housing Homeless Facilities and Services Special Needs Housing Inventory MA -10 Number of Housing Units — 91.210(a) &(b)(2) Introduction According to the HUD data below, Denton has 43,755 housing units with 18,953 (47 %) homeowners and 20,966 (53 %) renters. According to the Denton 2030 Plan, this is a higher proportion of multi - family housing than is typical for North Texas communities, due largely to the influence of university students. With a combined enrollment of just under 50,000 students, the majority of which reside off campus, students are a major segment of the local housing market. The dynamic of housing construction in Denton has shifted significantly over the past decade with a sharp decline in single - family home construction after 2006, with only 2,205 homes built between 2007 to 2012, compared with 6,741 homes built between 2001 and 2006, a shift in part due to impact of the mortgage crisis on the national housing market, coupled with increased demand for multi - family apartments. Apartments are necessary to provide the diversity and the number of housing units needed for a growing city such as Denton. However, the quality of construction, design, and maintenance of the properties are key issues affecting the city on many levels. Also, due largely to the impact of university students, Denton has a much larger proportion of renters: 49 percent compared to around 33 percent for Denton County and Texas. Of particular concern regarding the high proportion of renters and multi - family housing is the condition of some of the city's older multi- family housing, indicated by an unusually high vacancy rate (9 percent). All residential properties by number of units Property Type Number 1 -unit detached structure 23,548 54% 1 -unit, attached structure 559 1% 2 -4 units 3,527 8% 5 -19 units 9,296 21% Consolidated Plan DENTON 44 OMB Control No: 2506 -0117 (exp. 07/31/2015) Property Type Number % 20 or more units 5,085 12% Mobile Home, boat, RV, van, etc 1,740 4% Total 43,755 100% Table 26 — Residential Properties by Unit Number Data 2007 -2011 ACS Source: Unit Size by Tenure Table 27 — Unit Size by Tenure Data 2007 -2011 ACS Source: Describe the number and targeting (income level /type of family served) of units assisted with federal, state, and local programs. The City continues to use federal, state, and local programs to assist extremely low, low and moderate income families, with both single family and multi - family housing. According to the Denton 2030 Plan, while housing in Denton, both rental as well as owned housing, is generally more affordable than elsewhere in the region, the incomes of many of Denton's households are also lower than other areas in the region. According to the HUD data provided, a high percentage of Denton households are either cost burdened or severely cost burdened. Cost burdened households are paying more than the 30 percent of household income toward housing. Paying up to 30% of household income toward housing is considered to be affordability. Severe cost burden pays more than 50% of household income toward housing. According to the HUD Data, an estimated 14,235 or 35.7% of all households in Denton are cost burdened or severely cost burdened. Of these households, the majority are low and moderate income households, 77% are renters and 22% are homeowners. These statistics, show that "affordable housing" remains too expensive for this group, forcing difficult trade -offs regarding the costs of health care, childcare, and food. As a result, homelessness is an issue in Denton. In response to this need, a number of organizations work collaboratively with Denton's Community Development Division to provide affordable housing for low -to- moderate income residents. Denton's supply of subsidized housing includes three affordable housing developments managed by the Denton Housing Authority, as well as privately owned scattered Consolidated Plan DENTON 45 OMB Control No: 2506 -0117 (exp. 07/31/2015) Owners Renters Number % Number % No bedroom 0 0% 1,086 5% 1 bedroom 139 1% 6,483 31% 2 bedrooms 2,208 12% 7,611 36% 3 or more bedrooms 16,606 88% 5,786 28% Total 18,953, 101%. 20,966 100% Table 27 — Unit Size by Tenure Data 2007 -2011 ACS Source: Describe the number and targeting (income level /type of family served) of units assisted with federal, state, and local programs. The City continues to use federal, state, and local programs to assist extremely low, low and moderate income families, with both single family and multi - family housing. According to the Denton 2030 Plan, while housing in Denton, both rental as well as owned housing, is generally more affordable than elsewhere in the region, the incomes of many of Denton's households are also lower than other areas in the region. According to the HUD data provided, a high percentage of Denton households are either cost burdened or severely cost burdened. Cost burdened households are paying more than the 30 percent of household income toward housing. Paying up to 30% of household income toward housing is considered to be affordability. Severe cost burden pays more than 50% of household income toward housing. According to the HUD Data, an estimated 14,235 or 35.7% of all households in Denton are cost burdened or severely cost burdened. Of these households, the majority are low and moderate income households, 77% are renters and 22% are homeowners. These statistics, show that "affordable housing" remains too expensive for this group, forcing difficult trade -offs regarding the costs of health care, childcare, and food. As a result, homelessness is an issue in Denton. In response to this need, a number of organizations work collaboratively with Denton's Community Development Division to provide affordable housing for low -to- moderate income residents. Denton's supply of subsidized housing includes three affordable housing developments managed by the Denton Housing Authority, as well as privately owned scattered Consolidated Plan DENTON 45 OMB Control No: 2506 -0117 (exp. 07/31/2015) site homes and apartments accepting Section 8 Housing Choice Vouchers, which allow rent payments to be set based on income. There are also several Housing Tax Credit apartments in the city. Denton has a higher percentage of subsidized affordable housing than neighboring communities. The Community Development Division leverages a budget comprised of Federal, state, and local funding, in coordination with the Denton Affordable Housing Corporation, and non - profits such as Habitat for Humanity of Denton County. Denton has chosen a policy of providing subsidized housing through partnerships with non - profits and with developers using low income housing tax credits to finance low- moderate income housing, as well as establishing partnerships with landlords who accept Section 8 Vouchers, rather than concentrating dependent households in public housing developments. Provide an assessment of units expected to be lost from the affordable housing inventory for any reason, such as expiration of Section 8 contracts. The Denton Housing Authority (DHA) is not aware of any units being lost from the affordable housing inventory. Does the availability of housing units meet the needs of the population? DHA has indicated that more affordable units are needed in the Denton area. There are more than 1,000 families on the DHA waiting list, who have been waiting on the list for over 4 years for housing assistance. Most of the families are extremely low income ($23,850 for a family of four). The DHA waiting list has been closed for over 4 years. Describe the need for specific types of housing: DHA staff has also indicated that there is a need for larger bedroom size accessible units, additional affordable units, and for single - family homes for moderate income families. The trend (or what is required) in building is to make 1 bedroom unit accessible, but not 2, 3, or 4 bedrooms. Additional affordable units would reduce the rent burden many families are experiencing. Two - income working families are interested in owning their own home. DHA indicated that these families are losing out on the "American Dream" of homeownership because of the high median income for the area and high cost of houses that are being built. Consolidated Plan DENTON 46 OMB Control No: 2506 -0117 (exp. 07/31/2015) MA -15 Housing Market Analysis: Cost of Housing - 91.210(a) Introduction This section will describe the general characteristics of the cost of housing based on available information with comparison from the 2000 Census, and 2007 -2011 ACS and 2011 ACS data. The cost of housing in Denton has increased since 2000 with home values increasing by 49 percent and contract rent increasing by 28 %. Cost of Housing Table 28 — Cost of Housing Data 2000 Census (Base Year), 2007 -2011 ACS (Most Recent Year) Source: Rent Paid Base Year: 2000 Most Recent Year: 2011 % Change Median Home Value 98,600 147,400 49% Median Contract Rent 540 692 28% Table 28 — Cost of Housing Data 2000 Census (Base Year), 2007 -2011 ACS (Most Recent Year) Source: Rent Paid Number Owner Less than $500 2,983 14.2% $500 -999 15,094 72.0% $1,000 -1,499 2,108 10.1% $1,500 -1,999 583 2.8% $2,000 or more 198 0.9% Total 20,966 100.0% Table 29 - Rent Paid Data 2007 -2011 ACS Source: Housing Affordability Units affordable to Households earning Renter Owner 30% HAMFI 475 No Data 50% HAMFI 4,860 1,130 80% HAMFI 14,765 3,645 100% HAMFI No Data 6,010 Total 20,100 10,785 Data 2007 -2011 CHAS Source: Consolidated Plan OMB Control No: 2506 -0117 (exp. 07/31/2015) Table 30 — Housing Affordability DENTON 47 Monthly Rent Monthly Rent ($) Efficiency (no bedroom) 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom Fair Market Rent 585 701 887 1,183 1,429 High HOME Rent 613 722 913 1,150 1,264 Low HOME Rent 613 657 788 911 1,017 Table 31— Monthly Rent Data HUD FMR and HOME Rents Source: Is there sufficient housing for households at all income levels? There is not sufficient housing in Denton for low- to moderate - income households. According to the HUD data, there are 6,550 extremely low income households with incomes less than or equal to 30% of the Area Median Income (AMI) and only 475 renter units affordable to this group and no owner - occupied units that are affordable. There are 4,425 renters with incomes 30% or less of the AMI with a 50% or greater housing cost burden and 455 homeowners earning 30% or less of the AMI with a 50% or greater housing cost burden. Low - income households earning between 30% and 50% of the AMI, have a minimal number of additional housing options. There are 5,415 low- income households and 4,860 renter units and 1,130 owner units affordable to them. However, there are 1,425 renters and 345 owners with a housing cost burden of 50% or greater. This is due to the occupancy of the affordable units by households with higher incomes. Moderate - income households earning between 50% and 80% of the AMI have considerably more housing options. There are 7,100 households in this income range and 14,765 renter units and 3,645 owner units. It appears, on the surface, that there is an abundance of affordable housing for this income range. However, there are 240 renters and 395 owners with housing cost burdens of 50% or greater. As with the low- income households, many moderate - income households are displaced by those earning more than 80% AMI as well as low- income households without access to units affordable to them. As with all three low- to moderate - income groups, other issues are present. For the extremely low- income, many of the units are not safe or sound. For all three groups, there is a shortage of units for large families, such as units with 4 or more bedrooms. Therefore, even with the availability of affordable units, many households are placed in overcrowded conditions in order to access housing that is affordable. Consolidated Plan DENTON 48 OMB Control No: 2506 -0117 (exp. 07/31/2015) How is affordability of housing likely to change considering changes to home values and /or rents? Given the projected increase in population over the next five years and beyond, the continued increase in home values is likely to reduce the number of available affordable housing units. The median home value increased by 35% from 2000 to 2012. The demand for decent and affordable rental housing in the City continues to be high. Census data indicates that about 40% of all renters in Denton spent 30% or more of household income on housing. An analysis of rental affordability indicates that the median rent is not affordable to 50% of the City's renter households. The affordability of housing is not likely to change with respect to home values and rents. How do HOME rents / Fair Market Rent compare to Area Median Rent? How might this impact your strategy to produce or preserve affordable housing? According to the HUD data, Denton's median contract rent has increased by 28% from $540 in 2000 to $692 in 2011. This means that half of the rents in Denton are above $692 and half of the rents are below. Denton's median rent of $692 is higher than the HOME and the Fair Market Rents for all bedroom sizes except for an efficiency unit. This reflects the need for more affordable housing units. Discussion See discussion above Consolidated Plan DENTON 49 OMB Control No: 2506 -0117 (exp. 07/31/2015) MA -20 Housing Market Analysis: Condition of Housing — 91.210(a) Introduction This section analyzes the condition of housing units in Denton, including the age of housing units and the risk of lead -based hazards. The City of Denton currently has 18,953 owner- occupied housing units and 20,966 rental units. Definitions Standard Condition: Properties which are in conformity with the standards of the International Residential Code (IRC) adopted by the state of Texas. Substandard but Suitable for Rehabilitation: Properties that are not in standard condition, but are structurally and financially feasible to rehabilitate. These properties have no serious structural deficiencies and the cost of rehabilitation to bring the property to code compliance does not exceed 75% of the appraised value of the property after rehabilitation. Condition of Units Condition of Units Owner - Occupied Renter - Occupied Number % Number % With one selected Condition 4,557 24% 11,500 55% With two selected Conditions 77 0% 650 3% With three selected Conditions 0 0% 36 0% With four selected Conditions 0 0% 0 0% No selected Conditions 14,319 76% 8,780 42% Total 18,953 100% 20,966 100% Table 32 - Condition of Units Data 2007 -2011 ACS Source: Year Unit Built Year Unit Built Owner - Occupied Renter - Occupied Number % Number % 2000 or later 7,624 40% 4,920 23% 1980 -1999 5,764 30% 7,754 37% 1950 -1979 4,696 25% 7,064 34% Before 1950 869 5% 1,228 6% Total 18,953 100% 20,966 100% Table 33 — Year Unit Built Data 2007 -2011 CHAS Source: Consolidated Plan DENTON 50 OMB Control No: 2506 -0117 (exp. 07/31/2015) Risk of Lead -Based Paint Hazard Risk of Lead -Based Paint Hazard Owner - Occupied Renter - Occupied Number % Number % Total Number of Units Built Before 1980 5,565 29% 8,292 40% Housing Units build before 1980 with children present 3,445 18% 1,385 7% Table 34 — Risk of Lead -Based Paint Data 2007 -2011 ACS (Total Units) 2007 -2011 CHAS (Units with Children present) Source: Need for Owner and Rental Rehabilitation It appears from the data above that 24% of owner units have reportable conditions and may need repairs, while 55% of renter units had conditions reported on the American Community Survey. The owner demographics also show that those households who are low- income and extremely low- income may live in housing units that have housing problems which the owner is unable to repair due to a financial hardship. These can affect the health and safety of elderly residents. Many such residents of Denton have utilized the Minor Repair Program for minor home repair assistance, lead based paint removal, weatherization assistance and the installation of ramps for the disabled /physically challenged. Support for housing programs targeting low and moderate - income households has been the focus of Denton's CDBG and HOME programs since their inception. Housing rehabilitation was the first major program developed and this has been expanded to include reconstruction of severely substandard units and a minor repair program for units with problems that require immediate attention. Estimated Number of Housing Units Occupied by Low or Moderate Income Families with LBP Hazards Out of the entire housing stock in Denton, 34.7% or 13,857 housing units were built before 1979 and are at risk of lead based paint hazards. Of the total of pre -1978 housing units, 34.8% of the units are units that are occupied by children. Forty -seven percent of the City's households are composed of low and moderate income households, demonstrating that close to half of all households could have a lead -based paint hazard. It is possible that half of these families — which are more likely to occupy old housing units — may lack the financial means to correct a lead hazard. Low and moderate income families represent approximately 47% of Denton's population. Discussion See discussion below Consolidated Plan DENTON 51 OMB Control No: 2506 -0117 (exp. 07/31/2015) O 0) I ho O 0 OJ m V CL Ln N C 0 z; I u 0 L- 0 0 0 0 m 0 E 0 m 0 OJ CL OJ m O 0 0 73 d = 0 CL 0 OJ a m 0 4a m V = w 0 +j > M w O .2 0 E 0 %"- V 0 r m +j ce .2 m u O 0 0 Ln .= o Vf to m E m m z 3: a - !2 m " 0 m 4F a 0 0 m w CL E m 0 CL 0 w -0 E O Z 0 Ln M GJ N S- cu GJ U u E C CL .0 .2 GJ w > E 0 qp 0 m .2 B CL 0 CL GJ 0 m D Z E m O dA CL 0 CL CL m CN Ln 71 0 LIJ 0 ti ti O M 0 r_ > .2 E 00 4a M E .2 M pp CL m 0 CL CL m 0 i > W CL M -E -S r_ V) L- w o 'A CL = m GJ O Q CL 0 > E 0 0 > r- .0 W dA M 0 r_ m w - Z m 0 L- m -0 m 0) CL 06 > Ln iz m Ln E E 4+ 0 m m 0 CL m CL 0 m GJ "o m 0 0 m E O O O m O V) V) U 0 0 z > V) V) (3) U u 0 0 Z a w CL E m 0 CL 0 w -0 E O Z 0 Ln M GJ N S- cu GJ U u E C CL .0 .2 GJ w > E 0 qp 0 m .2 B CL 0 CL GJ 0 m D Z E m O dA CL 0 CL CL m CN Ln 71 0 LIJ 0 ti ti O Public Housing Condition Public Housing Development Average Inspection Score N/A I N/A Table 36 - Public Housing Condition Describe the restoration and revitalization needs of public housing units in the jurisdiction: N/A Describe the public housing agency's strategy for improving the living environment of low - and moderate - income families residing in public housing: N/A Discussion: N/A Consolidated Plan DENTON 53 OMB Control No: 2506 -0117 (exp. 07/31/2015) 0 � k I u � � § / U, � E 0 x 0 m � � 0 u � 0 � � Q (U £ �m � c t � R 7 ^ (U u U CL $ v ) (U / $ c j k E o M ƒ £ o 0 2 7 Q m c k o $ c 6 ƒ £ (3) \ z { E £ 7 £ # E 3 m c o 00 E £ \ ® .> \ C: / % u m 2 ' \ on % E / 0 u n 9 -C - -0 a- • m ® � k 7 ) c / &4: In « o / _ @ % R k 4-0 W� /= a- c 7 = 2 VI c g / ƒ m § 0 _ \ > �' & : c c g k.2\ i ? o / k U_0 u s$ u 0\ c E o Q& Q o\ ± V) { o 2 (V § f 0 _ 2 E £ C: E ° a -/& & J J o 0 0 / � k / V k \ cu c _0 # cL E \ 7 E ® £ \ ' c E / & % / E y In ,-= W/ � 0 n- E 0 ® o 0 >� ƒ: E? 0 5 \ o / © ° § § L- = �- o —&\ o x u o m 3 m/ 0 z z v¥: z / ƒ v � CL CL 7 % v� § ° \ g 6 a / ® c y?-0 t C@ 2 \ 0 c I q& / / (4)) 0 o© k 2 v k 2 ® 2� — Co E, w c z w F+ c 2 G G w r, m m g m# m w 0 = @ ##@ g q q m w# m 7 2 O e 2 0 � / k / Ln \ § O O O OJ E 0 x 0 O O dG m O 0 m OJ u m U, O O O E 0 x 0 O ac m dA O 0 O m 1, Ln Ln z 0 N m C: 41 0 V) C 0 U 0 C, �i N 0 E CL 4a 16- r 0 0 0 "a =) W CL > CL W w = Co Ln to 4a r- a -;; I < W r- = 0 06 M x 4• r- .Lio a- 0 E w w w Z CL CL Ln (U 'A M rq I CU cB Z to rq ro 0 E Lio C to 0 0 Iz; ho 06 -C -0 dA C: '7, m -0 m c (3) 4, C Ef >� - OLO L- (3) (3) (A u CL 0) M C 0 m —.- 0 U— CL= c (13 t)LO C M 0 CU CL (3) 4� -C mo o u CL Lr) 0 C- 41 (A - (A ""1 U- M Lr) -0 C: Ln CL = (A 0 Ln i C rj (3) 4- 0 O >, >- u (3) 0 c V) w O CA "o CU s- . cu —.- U 0 -Fu " E w w 'A w CL E cu — = (U +1 — (U E m W V) (U w 0 E u 0 — 0 -C LU cu to c 41 U = w -C V) -E (mu " (U O > 0 -C = u 0 > 4� (3) cL E 0 " M C 0 0 LED 4- CL E w w a) > m 0 (U u a N � (U (U > u 0) (3) u 41 (3) m > 4� o cl) u a) L- L- = U 6 C: (3) ho (3) (3) (3) V) c -0 (U Ouo S- L- w u :E .2 V) V) (U 0) M L- M V) a) CU 4- M> U 73L-M (U > V) uEv,-c to ui W mc EEm c w+ - Z > m z > M (U 0 LU (A maj L- 0 E C: " (vul 0 m (U cu 06 +1 - cEn -C 41 =(U (A WW -C V)a O to 0 w E V) (U > +1 cu 00 0 .E E Lu u V) (U +1 a) (U CU C: U (U m a 0 O. u 0 0 L- m V) 4� w Lr) — U > m V) cu -E V) 0 (U -C E :t -C U 0 N (A V) c m CL 0 V) E -C U = c 0 CU (U a) (U 4� y. 4 = 0 = < = < u = > >- O O O E 0 x 0 O ac m dA O 0 O m 1, Ln Ln z 0 N m C: 41 0 V) C 0 U 0 C, �i N 0 Describe mainstream services, such as health, mental health, and employment services to the extent those services are use to complement services targeted to homeless persons Supportive services are an integral part of all of the programs targeted to the homeless in the Denton community. These supportive services operate in conjunction with outreach, shelter, housing programs and local social services agency programs to support the goal of long -term housing stability. Many housing program assistance recipients are in need of supportive services to help them achieve the goal of long -term housing stability. Experience and practice has taught this community that once an individual or family experiencing homelessness is housed, they can focus on actively participating in programs meant to support their ability to maintain housing. Local activities typically include: • Case management services to offer support with housing search and placement, financial planning, life skills education, job and employment assistance services; • Mental and physical health care through clinics and social services agencies; and • Support with other activities for daily living provide by many social service agencies. List and describe services and facilities that meet the needs of homeless persons, particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth. If the services and facilities are listed on screen SP -40 Institutional Delivery Structure or screen MA -35 Special Needs Facilities and Services, describe how these facilities and services specifically address the needs of these populations. Homelessness is experienced in a variety of settings, and includes multiple entry points. In Denton, there are various systems of care that provide housing and supportive services to those experiencing homelessness to assist them in ending their homelessness. These programs take the form of outreach, supportive housing, rapid re- housing, and prevention of homelessness programs. Services and facilities that meet the needs of homeless persons, particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth include: • Street Outreach (SO) Teams. SO teams reach out to unsheltered homeless people on the street to connect them with emergency shelter, housing, or critical services. The program offers non - facility based case management and supportive services. It provides urgent, non facility -based care to unsheltered homeless people who are unwilling or unable to access emergency shelter, housing, or an appropriate health facility. Emergency Shelters. This short -term housing is designed to address the immediate needs of homeless persons living on the street by providing temporary housing and by providing supportive services to help enable homeless persons to become more independent in order to regain housing. There are two emergency shelters in the jurisdiction. One is generally for homeless individuals but it has the resources to provide Consolidated Plan DENTON 56 OMB Control No: 2506 -0117 (exp. 07/31/2015) some shelter in hotels for homeless families. The other shelter specifically serves victims of domestic violence and sexual assault. A third temporary shelter provides services in inclement weather situations. • Homelessness Prevention (HP) Services. HP services provide short- and /or medium -term rental assistance necessary to prevent an individual or family from moving into an emergency shelter or another place not fit for human habitation. HP programs serve any category of persons and families in need but with a priority for families and veterans. • Rapid Re- Housing (RR) programs. RR provides housing relocation and stabilization services and assistance as necessary to help a homeless individual or family move as quickly as possible into permanent housing and achieve stability in that housing. Priority is given to those in shelters including the chronically homeless, veterans, families, and domestic violence victims. • Supportive Housing Programs. Transitional Housing (TH) programs offer a supportive housing program where clients receive some level of housing placement and rental assistance combined with case management designed to help client achieve self - sufficiency and exit the program over a determined amount of time. Priority is given to single parent households and domestic violence victims. There are also programs dedicated to those with substance abuse issues. Permanent Supporting (PSH) programs offer housing for people who need long -term housing assistance and intensive supportive services specifically related to health and mental health supports in order to stay housed. Locally, there is HOPWA which is housing for persons with AIDS and facility based permanent supportive housing for persons with mental disabilities and mental health issues. Consolidated Plan DENTON 57 OMB Control No: 2506 -0117 (exp. 07/31/2015) MA -35 Special Needs Facilities and Services — 91.210(d) Introduction The section of the plan will describe the facilities and services that assist persons who are not homeless but who require supportive housing, and programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing. This will include information regarding priority housing and supportive service needs of persons who are not homeless but who may or may not require supportive housing including elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons with alcohol or other drug addictions, persons with HIV /AIDS and their families, and public housing residents. Including the elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons with alcohol or other drug addictions, persons with HIV /AIDS and their families, public housing residents and any other categories the jurisdiction may specify, and describe their supportive housing needs Supportive housing needs are the same as identified in NA -45. Describe programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing While the Denton County Homeless Coalition does not have a formal discharge policy, it is utilizing the Denton CAN program to assess the need of every individual who is homeless or at risk of homelessness. As described in the Introduction, Denton CAN is Denton's centralized; community -wide coordinated system of services and programs that uses a survey assessment to determine the specific needs of each individual. This practice of assessing every individual in need allows this community to direct the client regardless of circumstance to available resources needed to obtain appropriate supportive housing services. The data collected from these CAN assessments will also provide valuable information when clients were not able to secure adequate housing or supportive services. This includes gap analysis of existing systems and services as well as be a tool to help this community better utilize its limited resources. Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one -year goals. 91.315(e) • Develop and maintain a coordination system across service sectors and cultivation of systems to better match services to identified need; Consolidated Plan DENTON 58 OMB Control No: 2506 -0117 (exp. 07/31/2015) • Identifying and continuously evaluating the strengths and gaps in housing and supportive services including improving systems to share best practices information across service sectors; • Collect and utilize data that informs system -wide based decision making for selecting programmatic approaches and funding directions; For entitlement /consortia grantees: Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one -year goals. (91.220(2)) See discussion above. Consolidated Plan DENTON 59 OMB Control No: 2506 -0117 (exp. 07/31/2015) MA -40 Barriers to Affordable Housing — 91.210(e) Negative Effects of Public Policies on Affordable Housing and Residential Investment See SP -55 for additional information regarding Barriers to Affordable Housing. Denton's Planning and Development staff have reviewed the City's building codes, zoning, impact fees, and other requirements affecting the development of housing in the community. Community Development staff has also reviewed information on the number of affordable units in the city, the number of Denton Housing Authority voucher holders that live in Denton, projects completed by the Denton Affordable Housing Corporation and the number of low income housing tax credit units funded through the State that have been built or renovated in the city. A review of this information and the City ordinances indicated that no significant barriers exist to the development of affordable housing in Denton. To continue the City's support of Affordable Housing and Residential development, the following goals are also included in the 2030 Denton Plan approved by the City Council. The actions taken to attain these goals should continue to minimize potential barriers to affordable housing. • Promote development of higher density housing as part of mixed -use development in Denton's urban core, including Downtown, the Downtown and Neighborhood /University Transition Areas, and in designated centers and corridors outside the urban core. • Expand the availability of affordable housing choices for community members most in need of housing, including those with low incomes and special needs. • Expand the availability of affordable housing choices for community members most in need of housing, including the homeless. • Expand the availability of housing choices for existing and potential community members most in need of housing, including seniors. • Support expanded opportunities for homeownership to encourage neighborhood stability and reduce blight. • Encourage innovative housing development in mixed -use centers and corridors, Master Planned Communities (MPCs), and through residential development in rural areas that protects rural character. • Establish tools and strategies to enhance the quality and character of housing and neighborhoods. Consolidated Plan DENTON 60 OMB Control No: 2506 -0117 (exp. 07/31/2015) � N O 4°' C u Q � }r QJ i Cm � G cn G O E Q. O O O- GJ G+ U � U Q � N 4.1 N 4A O GJ QJ 0 N - u cn W m O r-I . -I l0 M N Ln O O O r-I N N ; N o° N GJ i • w • � • +I t � w N M • w +4 O w4 3 1 N Ln d O Ln r-I Ln M m O l0 N d' i w4 � O o w1 4J N • w w � t m • t � N w w1 o r1 Ln t 00 M O M m O dt l0 ; w rt O N • w O i t O • • w N w y_ N m m dt w 00 I- 1.0 l0 O dt t- • 00 O Ln Co r-I r-I l0 M w r-I w � M � • M w � Ln Ln lO • M r� N N O � Ln w � M 4 r-i I� r-i Ln r i • l0 r-i w C M • +4 .w O • w w Z • � w1 M M 00 Ln Ln Ln Ln Ln +w w t- M O O O N M N M� lO O 00 N n r- r- dt r- Ln 4 • lO O w • M d� w • Ln Ln GJ O w Ln N w * � M r-I M Ln c I N l0 i M E O M � y • w N � w 41 • M V +4 � � N O 4°' C u Q � }r QJ i Cm � G cn G O E Q. O O O- GJ G+ U � U Q � N 4.1 N 4A O GJ QJ 0 N - u cn W m U Q N N GJ C �N m M N N O 1 N V E (6 C D O N N O O N O Q E W m C on C O J r-I O N N cu O N U Q r-I r-I O N O O N i O N m 4F m rlm� r-i Z O z W • c • Ln 0 O N N m O a X N r-I ti 0 0 O Ln 0 Z O O U m O r-I . -I l0 M N Ln O O O r-I N N ; N o° N GJ i � N O 3 1 N Ln d O Ln r-I Ln M m O l0 N d' i O o 4J N m t � N o r1 Ln t 00 M O M m O dt l0 ; rt O N O i t O N y_ N m m dt N 00 I- 1.0 l0 O dt t- dt 00 O Ln Co r-I r-I l0 M d' r-I 15 41 00 I- M l0 Ln Ln lO m M r� N N O 00 Ln t i GJ N Ln r-i I� r-i Ln r i M l0 r-i 1,0 C M E O Z M M 00 Ln Ln Ln Ln Ln r-I O t- M O O O N M N M� lO O 00 N n r- r- dt r- Ln 4 O lO O O 00 M d� t- r, Ln Ln GJ O Ln N Ln M r-I M r-I M Ln c I N l0 i M E O Z N 41 V C N L O 2 N Ln v +, C O +1 C w , � aO+ N N +' u to UA W O V) N C N C i (U w H G E N (O O 06 Ou i ,N U - m Q a-, �, O _ m V C +, cU O "O C1A cn N °Vl O (O (O C C V C O N i O � � O O > C E 'O O O +, u 0 +, u N -0 i (O ± C aJ (B N .0 N Q �— O N W a-, M u c�c G i N cu u_ _ �. N i C O cu -C p ate, ate, on i O 'O O i� 4' O i O i O Q Q U Lu _ a a I— H U Q N N GJ C �N m M N N O 1 N V E (6 C D O N N O O N O Q E W m C on C O J r-I O N N cu O N U Q r-I r-I O N O O N i O N m 4F m rlm� r-i Z O z W • c • Ln 0 O N N m O a X N r-I ti 0 0 O Ln 0 Z O O U m Labor Force Total Population in the Civilian Labor Force 62,275 Civilian Employed Population 16 years and over 56,846 Unemployment Rate 8.72 Unemployment Rate for Ages 16 -24 22.03 Unemployment Rate for Ages 25 -65 5.20 Table 39 - Labor Force Data Source: 2007 -2011 ACS Occupations by Sector Number of People Management, business and financial 13,058 Farming, fisheries and forestry occupations 2,502 Service 6,751 Sales and office 15,253 Construction, extraction, maintenance and repair 3,509 Production, transportation and material moving 2,370 Table 40 — Occupations by Sector Data Source: 2007 -2011 ACS Travel Time Travel Time Number Percentage < 30 Minutes 36,496 70% 30 -59 Minutes 11,977 23% 60 or More Minutes 3,812 7% Total 52,285 100% Table 41- Travel Time Data Source: 2007 -2011 ACS Education: Educational Attainment by Employment Status (Population 16 and Older) Educational Attainment In Labor Force Civilian Employed Unemployed Not in Labor Force Less than high school graduate 4,609 438 2,184 High school graduate (includes equivalency) 6,184 419 2,439 Some college or Associate's degree 12,099 1,033 3,263 Bachelor's degree or higher 15,477 782 2,467 Data Source: Consolidated Plan Table 42 - Educational Attainment by Employment Status P4111YA P413 I WiT*1 OMB Control No: 2506 -0117 (exp. 07/31/2015) DENTON 62 Educational Attainment by Age Table 43 - Educational Attainment by Age Data Source: 2007 -2011 ACS Educational Attainment - Median Earnings in the Past 12 Months Educational Attainment Age 18 -24 yrs 25 -34 yrs 35 -44 yrs 45 -65 yrs 65+ yrs Less than 9th grade 401 1,055 819 1,317 697 9th to 12th grade, no diploma 1,144 1,692 923 1,425 522 High school graduate, GED, or alternative 4,517 2,849 2,101 4,092 2,367 Some college, no degree 18,010 4,986 3,196 5,180 1,830 Associate's degree 1,249 993 777 1,277 452 Bachelor's degree 2,408 5,218 3,206 4,067 1,667 Graduate or professional degree 154 1,533 1,601 3,101 1,718 Table 43 - Educational Attainment by Age Data Source: 2007 -2011 ACS Educational Attainment - Median Earnings in the Past 12 Months Educational Attainment Median Earnings in the Past 12 Months Less than high school graduate 16,628 High school graduate (includes equivalency) 27,700 Some college or Associate's degree 31,363 Bachelor's degree 40,450 Graduate or professional degree 52,995 Table 44 - Median Earnings in the Past 12 Months Data Source: 2007 -2011 ACS Based on the Business Activity table above, what are the major employment sectors within your jurisdiction? Education and Health Care Services 20% Retail Trade 16% Manufacturing 15% Leisure and Hospitality 15% Professional, Scientific and Management Services 9% Finance, Insurance and Real Estate 5% Wholesale Trade 4% Construction 4% Miscellaneous Other Services 3% Transportation and Warehousing 2% Information 1% Agriculture, Mining, Oil and Gas Extraction 1% Consolidated Plan OMB Control No: 2506 -0117 (exp. 07/31/2015) DENTON 63 Describe the workforce and infrastructure needs of the business community: Key workforce and infrastructure needs in the City of Denton center around three interrelated areas: • Ensuring a continuum of relevantly skilled workforce to support the current /future success of Denton's existing businesses and targeted industry recruitment sectors; • Increase /diversity the number of Denton businesses offering higher pay positions to retain graduates of the 50,000+ students enrolled in Denton's two universities and neighboring community college; • Improve the alignment and depth of "stackable" skills certifications and degrees available that lead to sustainable employment opportunities and wages. Describe any major changes that may have an economic impact, such as planned local or regional public or private sector investments or initiatives that have affected or may affect job and business growth opportunities during the planning period. Describe any needs for workforce development, business support or infrastructure these changes may create. The City of Denton established two Tax Increment Reinvestment Zones (TIRZ) within the City. The Downtown TIRZ covers 206 acres in Denton's downtown core area and helps to facilitate development /redevelopment projects that target higher - technology business needs and the residential /leisure preferences of higher -wage professionals. The Westpark TIRZ provides approximately 800 new industrial acres available for a wide spectrum of manufacturing, logistics and industry needs. How do the skills and education of the current workforce correspond to employment opportunities in the jurisdiction? Denton has sufficient labor to meet low -pay occupations, however these occupations may not provide a sustainable family income; forty percent of Denton ISD students are classified as economically disadvantaged. There is insufficient employment available for higher -wage financial /insurance and information technology professionals living in Denton and graduating from Denton's higher education providers. Additional training pathways are required for manufacturing technology, healthcare and education sector support and growth. Describe any current workforce training initiatives, including those supported by Workforce Investment Boards, community colleges and other organizations. Describe how these efforts will support the jurisdiction's Consolidated Plan. Consolidated Plan DENTON 64 OMB Control No: 2506 -0117 (exp. 07/31/2015) The following are Denton's current initiatives: • The City of Denton Economic Development staff participates with regional municipalities and the local Texas Workforce Commission Board in the North Central Texas Regional Economic Development Steering Committee for the purpose of addressing existing and future workforce skills needs of our respective and regional employers. The Committee is a participant in Texas Workforce Commission's High Demand Job Training Program that identifies and develops the skill sets of individuals for jobs in high- demand occupations in our respective region and cities. • Denton's Economic Development Partnership Board adopted a Strategic Plan that provides a means to address Denton's key workforce needs. • Denton ISD's Career and Technology Advisory Board industry partners provide curriculum expertise and internship opportunities to students enrolled in the district's 31 career skills and certification training programs covering 11 career fields. Dual high - school /college credit classes are offered to high school juniors and seniors. • North Central Texas College (NCTC) has developed certifications and associate degree programs for specific industry partners, such as the Petroleum Technology Certification and Associate Degree options. NCTC is a partner to businesses utilizing Skills Training grant funds. These efforts support the Consolidated Plan goal of low and moderate income persons having the opportunity to earn higher wages. Does your jurisdiction participate in a Comprehensive Economic Development Strategy (CEDS)? Not presently. Preparation of an initial CEDS is underway. If so, what economic development initiatives are you undertaking that may be coordinated with the Consolidated Plan? If not, describe other local /regional plans or initiatives that impact economic growth. The City of Denton actively participates on the advisory committee of regional stakeholders engaged in the preparation of a Comprehensive Economic Development Strategy (CEDS) for the North Central Texas Region. The CEDS anticipated completion is 2015 -2016 at which time application will be made to the Economic Development Administration to consider forming an Economic Development District that represents the North Central Texas region. Consolidated Plan DENTON 65 OMB Control No: 2506 -0117 (exp. 07/31/2015) Strategic Plan SP -05 Overview Strategic Plan Overview In an effort to ensure the "highest and best use" of the City's Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) grant, the City of Denton has developed a five -year Consolidated Plan for Housing and Community Development. The ConPlan has been developed based on needs identified through community input and a review of Denton's American Community Survey and Census information. Existing needs in the community are identified and described in the ConPlan. Future programs will benefit low to moderate - income residents and support the following objectives: • Decent Housing; • A Suitable Living Environment; and • Expanded Economic Opportunities The Strategic Plan section of the ConPlan utilizes the information described above to project needs and develop programs designed to meet those needs. Information regarding the various organizations working with the City of Denton to provide needed services and programs will be discussed. The strategies and goals will support the implementation of the 2015 -2019 ConPlan and each annual Action Plan. SP -10 Geographic Priorities — 91.215 (a)(1) 1 Area Name: Denton City Limits Area Type: City -Wide Table 45 - Geographic Priority Areas General Allocation Priorities Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) The City of Denton's CDBG and HOME allocations have not been sufficient to allow for the funding of large or extensive housing, economic development or public works projects. Geographic standards do not apply to city -wide programs such as Minor Repair, Homebuyer Assistance and public services programs. The small amount of funds available, and continued reductions for the past several years has limited the use of funds. Public facility and public Consolidated Plan DENTON 66 OMB Control No: 2506 -0117 (exp. 07/31/2015) improvement projects have been completed in residential areas meeting HUD's low to moderate - income standards, generally near the city's core. Housing assistance investments, including the Minor Repair, Home Improvement and Homebuyers Assistance programs are based on a first -come, first - served basis and there are no specific geographic areas. However, the Home Improvement program does set forth some specific guidelines regarding the age of the housing. Regardless of the area income, housing units that were built 20 years ago or less, are not eligible for Home Improvement Program assistance and units that were built 15 years ago or less are not eligible for the Minor Repair Program. These requirements support the use of funds in older neighborhoods. All investments in public facilities and /or public improvements are based on requests received from residents of the low to moderate - income block groups and other areas of the city. After a request has been made, City staff will assess the need for the improvement and the project cost. The City staff evaluation will determine which requests are in a "high" needs category, are an appropriate use of CDBG funds, and are projects with costs that can be covered under the CDBG allocation. Denton Affordable Housing Corporation (DAHC), the only certified Community Housing Development Organization (CHDO) currently serving Denton, generally purchases rental units and homebuyer units in low to moderate income areas due to the cost of units in higher income areas. However, in some instances, housing units that have been foreclosed upon in higher income areas may also be purchased. DAHC units are renovated and sold or rented to eligible households. SP -25 Priority Needs - 91.215(a)(2) Priority Needs 1 Priority Need Affordable Housing Name Priority Level High Population Extremely Low Low Moderate Large Families Elderly Persons with Physical Disabilities Geographic City -Wide Areas Affected Consolidated Plan DENTON 67 OMB Control No: 2506 -0117 (exp. 07/31/2015) Consolidated Plan DENTON 68 OMB Control No: 2506 -0117 (exp. 07/31/2015) Associated Housing Rehabilitation Goals Affordable Rental Units Description Reconstruction, rehabilitation and minor repairs available for single - family housing units. Also, rehabilitation available for small rental housing units by CHDO. Basis for Funding based on high costs of housing repairs and evidence of deteriorated Relative housing and neighborhoods in the community. Council appointed Community Priority Development Advisory Committee (CDAC) will determine the amount of funding allocated to this activity. 2 Priority Need Public Services Name Priority Level High Population Extremely Low Low Moderate Individuals Families with Children Persons with HIV /AIDS Victims of Domestic Violence Elderly Frail Elderly Persons with Mental Disabilities Persons with Physical Disabilities Persons with Developmental Disabilities Persons with HIV /AIDS and their Families Victims of Domestic Violence Geographic Residential Neighborhoods Areas Affected Associated Public Services Goals Homeless Prevention Description Funds will be used to support the provision of services by local non - profit agencies. Services will include but not be limited to health & mental health care, affordable daycare, senior services, transitional housing, shelter for victims of domestic violence. Basis for Funding based on evaluation of community needs and provider capabilities by City Relative Council- appointed Human Services Advisory Committee. Priority Consolidated Plan DENTON 68 OMB Control No: 2506 -0117 (exp. 07/31/2015) 3 Priority Need Public Facilities and Infrastructure Improvements Name Priority Level Low Population Extremely Low Low Moderate Persons with Physical Disabilities Geographic City -Wide Areas Affected Associated Public Facilities and Infrastructure Improvements Goals Description Funds will be used to improve parks, streets, sidewalks, bike lanes, drainage, sewer and other infrastructure projects necessary to support low and moderate - income neighborhoods. Basis for The CDAC will determine the annual priorities for public facility improvement Relative projects. Also, citizen surveys have indicated streets, sidewalks and bike lanes as Priority primary needs. 4 Priority Need Homebuyer Assistance Name Priority Level Low Population Extremely Low Low Moderate Geographic City -Wide Areas Affected Associated Homeownership Assistance /Education Goals Description Funding will be used to provide down payment and closing costs assistance to the buyer. Also, funds can be used for necessary repairs to the housing units. HOME funds will also be used to acquire, rehabilitate and resell affordable units to eligible homebuyers. HOME funds will also provide down payment and closing costs assistance to these buyers. Consolidated Plan DENTON 69 OMB Control No: 2506 -0117 (exp. 07/31/2015) Consolidated Plan DENTON 70 OMB Control No: 2506 -0117 (exp. 07/31/2015) Basis for Denton has a significant number of tenants in rental who have indicated a Relative preference to owning a housing units. The CDAC will determine the amount of Priority funding allocated to the homebuyer program. 5 Priority Need End Homelessness Name Priority Level High Population Extremely Low Chronic Homelessness Individuals Families with Children Mentally III Chronic Substance Abuse veterans Persons with HIV /AIDS Victims of Domestic Violence Unaccompanied Youth Geographic City -Wide Areas Affected Associated Homeless Prevention Goals Homeless Assistance Description Provision of homeless prevention. City of Denton staff will work with the Texas Department of Housing and Community Affairs, the Texas Homeless Network and the Denton County Homeless Coalition to provide rental and other housing assistance, including repaid re- housing to prevent Denton families and individuals from becoming homeless. Also, provision of homeless assistance that includes temporary shelter, food and clothing to chronically homeless and those that have recently become homeless. Health services and job counseling to support the homeless in obtaining housing and having sufficient income to maintain housing. Basis for Information provided by local agencies and survey information indicates a growing Relative number of homeless throughout Denton County. 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Please see Table 50 below. It lists the institutions with which the City of Denton will work toward meeting the goals discussed in the ConPlan. Denton has a strong network of organizations that collaborate to meet local needs ranging from homeless assistance to homebuyer assistance. Various housing organizations provide emergency housing, transitional housing, rental assistance and supportive housing programs. Public service agencies and the City of Denton are able to fill the gaps when it comes to affordable services such as health care, child care, mental health services, senior support services, etc. As noted below, the City also works with the Texas Department of Housing and Community Affairs to support homeless services and provide funding designed to improve the accessibility of units housing low- income households. Responsible Responsible Entity Role Geographic Area Entity Type Served City of Denton Public Institution The City of Denton administers City of Denton the CDBG and HOME programs. Funds are used to support housing, public services and public and non - profit facility improvements. Housing Non - Profit Agencies such as the Denton Denton County Assistance Organizations Affordable Housing Corporation Providers (DAHC), Habitat for Humanity and Cumberland Presbyterian Children's Home provide a variety of housing programs to support low to moderate - income households and individuals. Denton Housing Public Institutions Manage the Section 8, Choice Denton County Authority Voucher program for Denton County and develops subsidiaries that rehabilitate or construct and manage other affordable housing units. Consolidated Plan DENTON 73 OMB Control No: 2506 -0117 (exp. 07/31/2015) Non - profit public Non - Profit Provide assistance to low and Denton County service agencies Organizations moderate - income households in the following areas: homeless prevention, homeless assistance, health care, mental health care, educational support programs, affordable daycare, and assistance to victims of domestic violence and other programs. Local Realtors Private Industry Local realtors participate in the City of Denton City's Homebuyer Assistance Program Local Private Industry Local contractors complete City of Denton Construction rehabilitation and new Contractors construction of housing and public facilities projects funded by the City, DAHC and various non - profit organizations Denton County Public Institution Provision of public Denton County Transportation transportation. Authority Texas Dept. of Public Institution TDHCA is a partner with the City Denton County Housing & of Denton in preventing Community homelessness, assisting the Affairs homeless and supporting those with disabilities. TDHCA provides Emergency Solutions Grant and Amy Young Barrier Removal funds to the City and assists in the appropriate administration of those funds. Table 47 - Institutional Delivery Structure Assess of Strengths and Gaps in the Institutional Delivery System As stated previously, the City of Denton and Denton County have a strong base of service providers including local non - profit agencies, governmental entities, churches, and the educational system. Based on the information above the only "institutional" gap would be an entity that is experienced in the provision of homebuyer classes for low and moderate - income new homebuyers. This gap makes it difficult for new homebuyers to comply with all City and Federal requirements. An additional gap would not be institutional but financial. Though entities exist to provide much needed services, funding is not always available to support the service. Consolidated Plan DENTON 74 OMB Control No: 2506 -0117 (exp. 07/31/2015) Availability of services targeted to homeless persons and persons with HIV and mainstream services Homelessness Prevention Services Available in the Community Targeted to Homeless Targeted to People with HIV Homelessness Prevention Services Counseling /Advocacy Yes Yes Yes Legal Assistance Yes Yes Mortgage Assistance Rental Assistance Yes Yes Yes Utilities Assistance Yes Yes Yes Street Outreach Services Law Enforcement Mobile Clinics Yes Yes Yes Other Street Outreach Services Yes Yes Supportive Services Alcohol & Drug Abuse Yes Yes Yes Child Care Yes Yes Education Yes Yes Employment and Employment Training Yes Yes Yes Healthcare Yes Yes Yes HIV /AIDS Yes Yes Yes Life Skills Yes Yes Yes Mental Health Counseling Yes Yes Yes Transportation Yes Other Other Table 48 - Homeless Prevention Services Summary Describe how the service delivery system including, but not limited to, the services listed above meet the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) Homelessness is experienced in a variety of settings, and includes multiple entry points. In Denton, there are various systems of care that provide housing and supportive services to those experiencing homelessness to assist them in ending their homelessness. Through successful community -wide collaboration efforts many of these programs now take the form of coordinated intake with collaborative case management and the coordinated delivery of street outreach, supportive housing, rapid re- housing, and prevention of homelessness programs. The Consolidated Plan DENTON 75 OMB Control No: 2506 -0117 (exp. 07/31/2015) collection of community -wide data provides the necessary foundation to ensure there is a measure of collective impact and helps those delivering programs and services make informed decisions. Over the next few years, the activities in this community will be focused on these strategies: • Develop and maintain a coordination system across service sectors and cultivation of systems to better match services to identified need; • Identifying and continuously evaluating the strengths and gaps in housing and supportive services including improving systems to share best practices information across service sectors; • Collect and utilize data that informs system -wide based decision making for selecting programmatic approaches and funding directions; Housing needs are identified as follows: • Increase short -term housing options to help families and individuals achieve housing stability • Increase funding for rapid re- housing for families and individuals including housing location and stabilization resources; • Increase the number of short -term supportive and long -term affordable housing units for both individuals and families with children; • Increase specialized housing for those in Permanent Supportive Housing for those with prioritized special needs; • Building relationships between service providers and landlords to increase access to independent living housing options. Describe the strengths and gaps of the service delivery system for special needs population and persons experiencing homelessness, including, but not limited to, the services listed above To determine the amount of housing and supportive services needed to end homelessness, every year this community gathers data from a review of local HMIS data; annual Point -In -Time Count data; Coordinated Access Network intake surveys; coordination among Denton Count Homeless Coalition (DHC) partners, DCHC analysis of community resources, and grant performance reports from human services funding. Regular and ongoing analysis helps us to determine the number of homeless, the causes of homelessness, and needs of others with special needs. These tools help us better understand the amount of housing and services needed. The data illustrates the effectiveness of current outreach, supportive housing and rapid re- housing programs as well as to reveal gaps due to availability of resources. Consolidated Plan DENTON 76 OMB Control No: 2506 -0117 (exp. 07/31/2015) Strengths: • Denton County Homeless Coalition • Coordination across service sectors for supportive services • Advocacy and Awareness of homelessness in the community is improving • Supportive services and programs exist that address the variety of service needs • Nimble system that can successfully navigate change and implement new innovations Gaps: The majority of gaps are related to capacity. • Limited capacity in existing Emergency Shelters. • Limited capacity in some supportive services programs. • Limited capacity to collect data to demonstrate system -wide impact and outcome. • Limited capacity to implement Denton CAN. The program is currently unfunded. • Lack of coordination among veterans programs and most programs are not targeted to Denton • Limited discharge services to address the case management needs and meet the supportive services needs for those with chronic health and mental health issues of those leaving institutions like the jails and hospitals. • Decreasing supply of affordable housing that is below HUD FMR which limits the number of clients who can be served with rental assistance using federal grant dollars. • Limited supply of Supportive Housing options to meet the overall needs in the community specifically for those who are chronically homeless. • Public Transportation hours and coverage are not expanded sufficiently to provide transportation for those who work non - business hours which limits the ability to successfully obtain and maintain employment. Provide a summary of the strategy for overcoming gaps in the institutional structure and service delivery system for carrying out a strategy to address priority needs For the homebuyer education gap, there are insufficient private providers, non - profit organizations or public institutions available to provide assistance with homebuyer education for low and moderate - income first -time homebuyers. There are homebuyer education classes in the Dallas -Fort Worth Metroplex but, these are not always convenient for Denton residents. No classes are available locally. It's important for home buyers to get as much information as possible for success in the long term. To minimize the number of foreclosures in the future, homebuyer education is needed at the beginning of the homebuyer process. When preparing to buy a first home, it's important to plan ahead so you can manage your finances and be a successful homeowner. The City of Denton is planning to investigate partnerships with Green Path Solutions, a local housing counseling non - profit, Denton Affordable Housing Corporation and /or the State of Texas to develop a more comprehensive educational program. Consolidated Plan DENTON 77 OMB Control No: 2506 -0117 (exp. 07/31/2015) For persons experiencing homelessness over the next few years, the activities in this community will be focused on these strategies: • Develop and maintain a coordination system across service sectors and cultivation of systems to better match services to identified need; • Identifying and continuously evaluating the strengths and gaps in housing and supportive services including improving systems to share best practices information across service sectors; • Collect and utilize data that informs system -wide based decision making for selecting Utilizing the strategies above, the supportive service delivery system used meet the needs of homeless persons will likely entail: • Continue and improve collaboration among governments and community partners; • Coordinate services to provide most appropriate services and target most vulnerable persons experiencing homelessness; • Increase affordable housing for individuals and families with children; • Increase the amount of Supportive Housing primarily for chronically homeless persons; • Increase funding for case management to amplify success of existing Supportive Housing programs and expand supportive housing programs to serve additional persons; • Increase specialized housing for those in Permanent Supportive Housing for other special needs populations like those who are aging and in need nursing care; • Further analyze the overlap between persons accessing homeless services and other mainstream services to determine gaps and streamline services. 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Z O H Z W 0 ti 0 N m 0 a x a� ti 0 O 0 z 0 O U m SP -50 Public Housing Accessibility and Involvement — 91.215(c) Not Applicable — the Denton Housing Authority does not administer public housing. Need to Increase the Number of Accessible Units (if Required by a Section 504 Voluntary Compliance Agreement) N/A Activities to Increase Resident Involvements N/A Is the public housing agency designated as troubled under 24 CFR part 902? N/A Plan to remove the 'troubled' designation N/A Consolidated Plan DENTON 82 OMB Control No: 2506 -0117 (exp. 07/31/2015) SP-55 Barriers to affordable housing — 91.215(h) Barriers to Affordable Housing Based on this review, the history of affordable housing development, and the number of low to moderate-income households residing in the community, there continues to be no significant barriers to the development and maintenance of affordable housing in Denton. OMB Control No: 2506-0117 (exp. 07/31/2015) Strategy to Remove or Ameliorate Possible Barriers to Affordable Housing stock that meets the needs of all residents with diverse array of choices in type, cost and - Higher density; - Expand availability ofaffordable, housing choices for seniors, low-income, special needs - Improve the livability of Denton's existing neighborhoods with investments in improved infrastructure, services, and amenities; - Ensure that schools, libraries, community centers, and senior centers are sited equitably rolrZIGORM ro rd ON FIRM • Continue to support the City's Home Improvement and Minor Repair programs; • Develop partnerships to increase the number of affordable housing units; • Continue to seek additional funding sources for the senior and special needs population; � Support efforts to ensure that older, more affordable neighborhoods have equal access to updated public facilities such as parks, sidewalks, streets and drainage systems. Consolidated Plan DENTON 84 CMB Control No: 2506-0117 (exp. 07/31/2015) SP -60 Homelessness Strategy — 91.215(d) Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs As described in previous responses, the Denton County Homeless Coalition (DCHC), supported by the HUD Continua, the Texas Homeless Network, annually reaches out to the homeless to collects data on homelessness at a single point -in -time during the last week in January. The Point -In -time (PIT) Count has improved data quality, collection and reporting efforts. Through targeted survey preparation and data analysis DCHC is able to assess the individual needs of homeless persons and especially unsheltered persons. In addition to the PIT Count, the DCHC assess the individual needs of homeless persons by reaching out to the homeless through other special projects and quality data collection efforts. Examples include the implementation of a vulnerability index to determine those homeless who are most at risk of dying on the street and inclusion of the homeless in the decision making process for determining priorities in service delivery. Other assessment efforts include Denton's utilization of the Coordinated Access Network (CAN). This centralized, community -wide coordinated system provides a tool to assess the housing and supportive services needs of the homeless and those at risk of homelessness. Addressing the emergency and transitional housing needs of homeless persons The City of Denton addresses the emergency and transitional housing needs of it homeless by directly supporting both types of service delivery through City's Human Services Grant and other sources like the Emergency Solutions Grant Funds awarded through the Texas Department of Housing and Community Affairs (TDHCA). These grants are examples of how the City leverages tax revenues, state of Texas distributed ESG funds, and federal CDBG funds. The City of Denton has two emergency shelters, the Salvation Army serving the homeless and Denton County Friends of the Family serving victims of domestic violence. Supportive housing is another housing strategy utilized. Giving Hope, Inc., in partnership with the Denton Affordable Housing and other non - profits, provides transitional housing programs that combine case management, supportive services, and housing to help the homeless individuals and families to achieve self- sufficiency and exit the program over a determined amount of time. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again. Consolidated Plan DENTON 85 OMB Control No: 2506 -0117 (exp. 07/31/2015) As discussed in SP -40 the City will support the collaborative efforts of the Denton County Homeless Coalition (DCHC) and other service sector programs to ensure the community is organized to advocate; coordinate service delivery; improve effective use of available resources and provide leadership for long -term planning efforts among various homeless providers, homeless advocates and across multiple sectors. Strategies to move the homeless to housing and to shorten the length of time a person or family experiences homeless involve: • Support the Denton CAN services to provide a reduction in time that it takes for a person who is homeless to identify and access the right services needed. • Improve community capacity by seeking to increase funding for housing programs including housing location and stabilization resources; case management; and supportive services. • Facilitate coordination of case management and supportive services to help the homeless have access to the services necessary to secure housing and maintain housing stability. • Increase specialized supportive housing options for those with prioritized special needs. Help low- income individuals and families avoid becoming homeless, especially extremely low- income individuals and families who are likely to become homeless after being discharged from a publicly funded institution or system of care, or who are receiving assistance from public and private agencies that address housing, health, social services, employment, education or youth needs One of the outcomes of these efforts will to ensure there are resources to prevent individuals and families at risk from becoming homeless in the first place. The most effective tool to assisting low- income individuals and families avoid becoming homeless, especially those who are likely to become homeless after being discharged from a publicly funded institution or system of care, or who are receiving assistance from public and private agencies that address housing, health, social services, employment, education or youth needs is through Denton CAN. CAN provides a framework for a system of collaboration among all the systems of care ensuring low- income families avoid becoming homeless, the homeless obtain housing and also to offer the supportive services necessary to sustain permanent housing. Strategies will also work to improve community capacity by seeking to increase funding for homelessness prevention programs including housing stabilization resources; case management; and supportive services need to help maintain housing. Consolidated Plan DENTON 86 OMB Control No: 2506 -0117 (exp. 07/31/2015) SP -65 Lead based paint Hazards — 91.215(i) Actions to address LBP hazards and increase access to housing without LBP hazards Lead -based paint hazard is defined as any condition that causes exposure to lead from lead - contaminated dust, lead- contaminated soil, or lead- contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency. Both minor and major rehabilitation, reconstruction and down payment and closing cost assistance activities are available through HUD - funded programs in Denton for owner and renter - occupied properties. All projects assisted through the City of Denton Community Development Division will comply with the HUD Lead Safe Housing Rule, 24 CFR 35, subparts B through R and the State of Texas §295.201 -220 Texas Environmental Lead Reduction Rules for units built before 1978. The City of Denton has a staff person who is a state certified lead risk assessor and a certified lead abatement project designer. The City utilizes a certified lab for soil and dust sample testing. In the next five years, it is anticipated that the City of Denton will reduce Lead -Based Paint Hazards in owner and renter - occupied residential units in the following programs. The City actions listed above over the next five years will: Ensure that all regulatory requirements regarding lead -based paint are met throughout any housing rehabilitation construction activity performed by the City on homes constructed prior to 1978. Seek opportunities to educate the public, housing services customers, and contractors regarding the hazards of lead -based paint. Consolidated Plan DENTON 87 OMB Control No: 2506 -0117 (exp. 07/31/2015) How are the actions listed above integrated into housing policies and procedures? 1. Under the Homebuyer Assistance Program, any structure built before 1978 must be free of any deteriorated paint. The City of Denton will conduct a visual assessment of pre -1978 houses to determine the condition of the paint. If the visual assessment shows deteriorated paint, the paint will need to be stabilized and a clearance test conducted by trained workers in accordance with Federal lead -based paint requirements for safe treatment. If the amount of deteriorated paint noted in the Visual Assessment does not exceed certain levels, the paint still needs to be repaired but safe work practices and clearance tests are not required. The results of the testing will be given to the seller and must be disclosed to any prospective buyer or lessee in accordance with lead regulations. 2. Under the Home Improvement Program, projects can either be above or below $25,000. Those whose hard costs come below that figure have Lead Risk Assessments and Paint Inspections carried out and if lead hazards are found they are addressed in the work write up. Lead Hazard Reduction techniques such as Interim Controls are written into the work write up. These jobs may be carried out by firms certified by the EPA's Renovation, Repair and Paint Rule Those at or exceeding $25,000 are subject to Abatement requiring the use of Texas Dept. of State Health Services certified Lead Firms. Here too Risk Assessments and Paint Inspections are carried out. In either case, Clearance Testing is done at the completion of the job. 3. Under the Minor Repair Program, since only $5,000 or less is spent, the inherent policy is 'Do no harm ". No attempt can be made to make any housing unit lead safe, nor is a grantee required to do so by the Lead Rule. However testing or presumption is carried out on all painted surfaces above the de minimis level. Any work disturbing a surface presumed or found to contain lead - based paint has be worked on by a firm that his registered by the EPA to do work under the EPA Renovation, Repair and Painting Program. Clearance testing is carried out at completion of the work. Consolidated Plan DENTON 88 OMB Control No: 2506 -0117 (exp. 07/31/2015) SP -70 Anti - Poverty Strategy — 91.215(j) Jurisdiction Goals, Programs and Policies for reducing the number of Poverty -Level Families According to the most recent American Community Survey (2013), 11.4% of Denton's families are below the poverty level. A significant percentage of those are families with children under 18 years of age. More than half of these families had at least one "householder" working full - time, year round in the past twelve months. These numbers indicate an obvious need to provide programs designed to support higher paying employment and support services for lower- income residents. The Denton County Homeless Coalition has developed a strategy that includes collaborative efforts to prevent homelessness. The strategies support planning for self- sufficiency and include transitional housing, budget and job counseling. The City of Denton continues to support programs designed to assist those in poverty and help them to become self- sufficient. These programs are funded with both CDBG and general funds. How are the Jurisdiction poverty reducing goals, programs, and policies coordinated with this affordable housing plan As stated above, the City of Denton has a network of services to prevent poverty and assist those in poverty to access services and improve their economic opportunities. Programs designed to prevent poverty include educational programs like the Denton Independent School District's Pre -K program which assist households in ensuring that their children have the skills necessary to succeed in school. Also the "Mentor Denton" program, when implemented, will assist students in the "at risk" category to achieve educational success. Programs supported by the City of Denton and designed to promote self- sufficiency include the following: transitional housing, community health clinic, food programs, utility assistance programs and a variety of homeless assistance programs. Economic independence is supported through various programs including affordable child care programs funded by the City. Other local efforts that support the goal of low and moderate income persons having the opportunity to earn higher wages as described in the MA -45 Economic Development section: • The City of Denton Economic Development Committee participates in the Texas Workforce Commission's High Demand Job Training Program that identifies and develops the skill sets of individuals for job in high- demand occupations in our respective region and cities. • Denton's Economic Development Partnership Board adopted a Strategic Plan that provides a means to address Denton's key workforce needs. • Denton ISD's Career and Technology Advisory Board industry partners provide curriculum expertise and internship opportunities to students enrolled in the district's 31 career skills and certification training programs covering 11 career fields. • North Central Texas College (NCTC) has developed certifications and associate degree programs for specific industry partners, such as the Petroleum Technology Certification and Associate Degree options. Consolidated Plan DENTON 89 OMB Control No: 2506 -0117 (exp. 07/31/2015) SP -80 Monitoring — 91.230 Describe the standards and procedures that the jurisdiction will use to monitor activities carried out in furtherance of the plan and will use to ensure long -term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City of Denton's Community Development Division continuously monitors programs and projects to ensure compliance with Federal statutes and regulations. Staff focuses on the following areas: environmental, financial, programmatic, subrecipients, housing development organizations, displacement and labor relations. Environmental standards and procedures have been developed that include completion of the local Environmental Review Record and compliance checklists for individual housing activities. The City's community development coordinator develops the annual ERR. Staff members administering the various housing programs are responsible for environmental compliance on specific projects. Also, the Community Housing Development Organization (CHDO) is responsible for completion of compliance checklists on individual CHDO projects. These are reviewed during the annual monitoring visit and prior to any reimbursement of expenditures to the CHDO. The community development staff and the City's Accounting Department complete financial monitoring. The Accounting Department has a grants accountant working closely with the community development coordinator. Drawdown of federal funds is not carried out until all records have been reconciled and approved by both divisions. The City's Purchasing /Materials Management Department assists with purchases and the bidding process to ensure compliance with State and Federal regulations. An independent accounting firm audits Community Development financial operations annually. The 2012 -13 independent audit contained no findings in regard to CDBG- funded activities. The Community Development staff carries out programmatic monitoring of City- administered programs regularly. Project checklists are used to ensure that all requirements are met. This includes the home improvement loan, homebuyer assistance, and minor repair programs. The program administrator reviews the file and approves all payments. The Denton Affordable Housing Corporation, currently the City's only Community Housing Development Organization (CHDO) is monitored on an annual basis and at other times as needed. DAHC is required to submit quarterly financial and beneficiary reports. City housing staff also assists DAHC with renovation and construction projects and monitors their completion. CD staff completes an inspection of each unit with Denton Affordable Housing Corporation staff present to ensure that the rehabilitation or new construction specifications include all items required to bring the unit to City of Denton building codes. Upon completion Consolidated Plan DENTON 90 OMB Control No: 2506 -0117 (exp. 07/31/2015) and prior to the release of any payment to DAHC, the unit is inspected to confirm that all required items have been completed. The City of Denton makes every effort to minimize displacement in all CDBG and HOME funded activities by meeting the URA or Section 104(d) Act of 1974. Acquisition, rehabilitation or demolition programs are designed not to displace households, businesses, farms or nonprofit organizations. No households have been displaced since the inception of Denton's CDBG program in 1985. Program staff monitors labor standards on capital improvement projects. Contractor payments are contingent upon payment of the proper wages and receipt of appropriate payroll records. A preconstruction conference is held to provide contractors with payroll, wage and hiring requirements. The Community Development Department is responsible for monitoring subrecipient performance. Monitoring is a systematic process of review and evaluation of compliance with Service Agreement terms, conditions and policies. Monitoring is a valuable tool to: (1) ensure funds are used in appropriately avoiding fraud, waste, and mismanagement, (2) improve performance, attain self- sufficiency, and increase management capabilities, (3) provide a continuous process for evaluation and improvement, and (4) develop a strong working relationship between the City and community organizations. Community Development performs monitoring of work performance based on risk analysis to determine what level of monitoring visits will be required. The process provides staff with consistent data to develop monitoring strategies to manage the risk and helps determine which agencies are to be monitored and the type of monitoring performed. The City of Denton utilizes multiple methods to monitor agency service performance and agreement compliance. These include evaluation through desk monitoring of documents submitted monthly by agencies including reports, requests for reimbursement, financials and governance documents; informal monitoring involving routine record requests by email, phone, and letter; formal monitoring evaluation involving telephone interviews and required meetings; and an on -site monitoring evaluation system. 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Q ++ O O w �-+ O w Q Q_. 4- H C O y 4a �'- CA C O O L C a i = C 0] "0 m .� G1 i3 E O Q� i7 E O m CL G Q Q Q a s G Q Q Q a L N N O c-1 z O H z w 0 GA 4 o O o N C O U 0 O O Z n O Z O H Z w 0 4 O � N O o N C O U 0 O N O Z co (1) 41 cu N fB _N � 4� N N L_ dA to O U � C L- -0 L_ •— O to > O. C V C O S1N -0 'O O N Lu p V N C > N -O N O 41 0 Nc _ N w O cu, L_ N on G � •> O N o N > U C N 3 coif E .� N — cu = G (6 N C N i C c O E O O c O `� N O O O u on 0 N O O u cu on 'p .� O v +� = O E cu O -0 -0 N cc G � N fB cu .� .0 > W O� i u N 4- Q -0 N= -0 cu L_ N C :3 Q N N v p C Q O N O O O - c N _0 v � E N ^ O _0 E X N cu Z E Q N = -c e 3 to v to O O O N C > O O$ > C N N N J — Q d aN+ CU 0 N O N C Q N (B C a+ O O O N (U 'O '0 ro *k > SO O m cu cu u Nc to N >- O 4J > LL v G N J 4 � � N L_ L_ .= cu ate+ CJ p 0 C N C z v m aU (U a, v to O L- N C N -Q LL m > C L_ .� O (B i N L_ p U Q- to v i cu O N vi d to N C O O 0 O � C: O N�� �� C (6 N W E C(B G O M cu - tj,p (6 O O. Ln N N O> l0 d N vi O fO N N N C N NC NC O O M O c = `!� L N l0 N � U i1 V) U 4- G G vi- v-,. m LL G 0 0 m m aA V to u C ++ G 0 w Q ++ G 0 v Q CL CL 4- cyif C d 4r cyif C y •O CA 0 •O CA 0 cu "0 0 CL G Q Q C7 a s G Q Q Q a N 00 N N n O Z O H Z w 0 4 O � N O o N C O U 0 O N O Z AP -50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low- income and minority concentration) where assistance will be directed Geographic Distribution Target Area Percentage of Funds City Limits, Denton, Texas 100 Table 53 - Geographic Distribution Rationale for the priorities for allocating investments geographically The City of Denton does not currently direct its investments in specific geographic areas. Discussion The City of Denton's CDBG and HOME allocations have not been sufficient to allow for the funding of large or extensive housing, economic development or public works projects. Geographic standards do not apply to city -wide programs such as Minor Repair, Homebuyer Assistance and public services programs. The small amount of funds available, and continued reductions for the past several years has limited the use of funds. Public facility and public improvement projects have been completed in residential areas meeting HUD's low to moderate - income standards, generally near the city's core. Housing assistance investments, including the Minor Repair, Home Improvement and Homebuyers Assistance programs are based on a first -come, first - served basis and there are no specific geographic areas. However, the Home Improvement program does set forth some specific guidelines regarding the age of the housing. Regardless of the area income, housing units that were built 20 years ago or less, are not eligible for Home Improvement Program assistance and units that were built 15 years ago or less are not eligible for the Minor Repair Program. These requirements support the use of funds in older neighborhoods. All investments in public facilities and /or public improvements are based on requests received from residents of the low to moderate - income block groups and other areas of the city. After a request has been made, City staff will assess the need for the improvement and the project cost. The City staff evaluation will determine which requests are in a "high" needs category, are an appropriate use of CDBG funds, and are projects with costs that can be covered under the CDBG allocation. Consolidated Plan DENTON 108 OMB Control No: 2506 -0117 (exp. 07/31/2015) Affordable Housing AP -55 Affordable Housing — 91.220(g) Introduction The City's housing priorities are encouraging homeownership opportunities, maintaining existing affordable housing units and encouraging and maintaining standard affordable rental units for low and moderate income persons. For the 2015 -16 program year, these priorities will be addressed through the following activities: construction of 22 single -room occupancy rental units by the Denton Affordable Housing Corporation, rehabilitation or reconstruction of 7 housing units through the Home Improvement Program, minor rehabilitation of 40 housing through the Minor Repair Program and down payment assistance for 6 homebuyers through the Homebuyer Assistance Program using residual funds from prior years One Year Goals for the Number of Households to be Supported Homeless 10 Non - Homeless 51 Special -Needs 14 Total 75 Table 54 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 22 Rehab of Existing Units 47 Acquisition of Existing Units 6 Total 75 Table 55 - One Year Goals for Affordable Housing by Support Type Consolidated Plan DENTON 109 OMB Control No: 2506 -0117 (exp. 07/31/2015) AP -65 Homeless and Other Special Needs Activities — 91.220(i) Introduction This section describes the activities planned during the 2014 -15 program year to address the needs of persons who are homeless and other non - homeless needs. Describe the jurisdictions one -year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Homelessness is experienced in a variety of settings, and includes multiple entry points. In Denton, there are various systems of care that provide housing and supportive services to those experiencing homelessness to assist them in ending their homelessness. Through successful community -wide collaboration efforts many of these programs now take the form of coordinated intake with collaborative case management and the coordinated delivery of street outreach, supportive housing, rapid re- housing, and prevention of homelessness programs. The collection of community -wide data provides the necessary foundation to ensure there is a measure of collective impact and helps those delivering programs and services make informed decisions. In order to reach out to the homeless and assess their individual needs, three short -term strategies will be supported: Facilitate the continued growth and implementation of Denton's Coordinated Access Network (Denton CAN). Denton CAN is Denton's centralized; community -wide coordinated system of services and programs that uses a survey assessment to determine the specific needs of each individual. This practice of assessing every individual in need allows this community to direct the client regardless of circumstance to available resources needed to obtain appropriate housing and supportive services. As Denton CAN is nearing the end of the pilot phase, the foundation has been developed. Best practices have been identified. Facilitate the continued growth and implementation of Denton's Coordinated Access Network (Denton CAN). 2. Ensuring the continued delivery of quality housing and supportive services programs for the homeless and those at -risk of homelessness. Reaching out requires the services and facilities that will meet the needs of homeless persons, particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth. These include: Consolidated Plan DENTON 110 OMB Control No: 2506 -0117 (exp. 07/31/2015) Street Outreach (SO) Teams. SO teams reach out to unsheltered homeless people on the street to connect them with emergency shelter, housing, or critical services. The program offers non - facility based case management and supportive services. It provides urgent, non facility -based care to unsheltered homeless people who are unwilling or unable to access emergency shelter, housing, or an appropriate health facility. Emergency Shelters. This short -term housing is designed to address the immediate needs of homeless persons living on the street by providing temporary housing and by providing supportive services to help enable homeless persons to become more independent in order to regain housing. There are two emergency shelters in the jurisdiction. One is generally for homeless individuals but it has the resources to provide some shelter in hotels for homeless families. The other shelter specifically serves victims of domestic violence and sexual assault. A third temporary shelter provides services in inclement weather situations. • Homelessness Prevention (HP) Services. HP services provide short- and /or medium - term rental assistance necessary to prevent an individual or family from moving into an emergency shelter or another place not fit for human habitation. HP programs serve any category of persons and families in need but with a priority for families and veterans. • Rapid Re- Housing (RR) programs. RR provides housing relocation and stabilization services and assistance as necessary to help a homeless individual or family move as quickly as possible into permanent housing and achieve stability in that housing. Priority is given to those in shelters including the chronically homeless, veterans, families, and domestic violence victims. • Supportive Housing Programs. Transitional Housing (TH) programs offer a supportive housing program where clients receive some level of housing placement and rental assistance combined with case management designed to help client achieve self - sufficiency and exit the program over a determined amount of time. Priority is given to single parent households and domestic violence victims. There are also programs dedicated to those with substance abuse issues. Permanent Supporting (PSH) programs offer housing for people who need long -term housing assistance and intensive supportive services specifically related to health and mental health supports in order to stay housed. Locally, there is HOPWA which is housing for persons with AIDS and facility based permanent supportive housing for persons with mental disabilities and mental health issues. 3. Provide the environment for community -wide data collection efforts that inform and educate. To determine the amount of housing and supportive services needed to end homelessness, every year this community gathers data from a review of local HMIS data; annual Point -In- Time Count data; Denton CAN intake surveys; coordination among Denton Count Homeless Coalition (DHC) partners, DCHC analysis of community resources, and grant performance reports from multiple sources. Much of this data are collected directly from those in need. Regular and ongoing analysis helps us to determine the number of homeless, the causes of Consolidated Plan DENTON 111 OMB Control No: 2506 -0117 (exp. 07/31/2015) homelessness, and needs of others with special needs. These tools help us better understand the amount of housing and services needed. The data illustrate the effectiveness of current outreach, supportive housing and rapid re- housing programs as well as to reveal gaps due to availability of resources. This offers the information necessary to help this community better utilize its limited resources and ensure those resources are creating the most impact. From these strategies, one -year goals and actions will be to: • Support the full implementation of a Denton CAN committee to oversee the efforts of the system and provide for regular evaluation of implementation. • Apply for and administer the collaborative application for Emergency Solutions Grant Funds from the Texas Department of Housing and Community Affairs (TDHCA). • Leverage ESG funds with CDBG and other funding sources to increase impact across programs. Ensure funding for data collection efforts including the annual Point -in -Time Count, ESG grant outputs through the Homeless Management Information System (HMIS), and Denton CAN. Addressing the emergency shelter and transitional housing needs of homeless persons The City of Denton addresses the emergency and transitional housing needs of it homeless by directly supporting both types of service delivery through City's Human Services Grant and other sources like the Emergency Solutions Grant Funds awarded through the Texas Department of Housing and Community Affairs (TDHCA). These grants are examples of how the City leverages tax revenues, state of Texas distributed ESG funds, and federal CDBG funds. The City of Denton has two emergency shelters, the Salvation Army serving the homeless and Denton County Friends of the Family serving victims of domestic violence. Supportive housing is another housing strategy utilized. Giving Hope, Inc., in partnership with the Denton Affordable Housing and other non - profits, provides transitional housing programs that combine case management, supportive services, and housing to help the homeless individuals and families to achieve self- sufficiency and exit the program over a determined amount of time. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City will support the collaborative efforts of the Denton County Homeless Coalition (DCHC) and other service sector programs to ensure the community is organized to advocate; coordinate service delivery; improve effective use of available resources and provide leadership for long -term planning efforts among various homeless providers, homeless advocates and across multiple sectors. Consolidated Plan DENTON 112 OMB Control No: 2506 -0117 (exp. 07/31/2015) Strategies to move the homeless to housing and to shorten the length of time a person or family experiences homeless involve: • Support the Denton CAN services to provide a reduction in time that it takes for a person who is homeless to identify and access the right services needed. • Improve community capacity by seeking to increase funding for housing programs including housing location and stabilization resources; case management; and supportive services. • Facilitate coordination of case management and supportive services to help the homeless have access to the services necessary to secure housing and maintain housing stability. 0 Increase specialized supportive housing options for those with prioritized special needs Helping low- income individuals and families avoid becoming homeless, especially extremely low- income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs One of the outcomes of local efforts will be to ensure there are resources to prevent individuals and families at risk from becoming homeless in the first place. The most effective tool to assisting low- income individuals and families avoid becoming homeless, especially those who are likely to become homeless after being discharged from a publicly funded institution or system of care, or who are receiving assistance from public and private agencies that address housing, health, social services, employment, education or youth needs is through Denton CAN. It provides a framework for a system of collaboration among all the systems of care ensuring low- income families avoid becoming homeless, the homeless obtain housing and also to offer the supportive services necessary to sustain permanent housing. Strategies will also work to improve community capacity by seeking to increase funding for homelessness prevention programs including housing stabilization resources; case management; and supportive services need to help maintain housing. Consolidated Plan DENTON 113 OMB Control No: 2506 -0117 (exp. 07/31/2015) AP -75 Barriers to affordable housing — 91.220(j) Introduction: This section describes the City's plan to address barriers in affordable housing identified in the 2015 Analysis of Impediments to Fair Housing Choice (AI). Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. The City of Denton's Analysis of Impediment to Fair Housing does not indicate that the current public policies create barriers to affordable housing. The following is an explanation of Denton's policies: A. In February 2002, the City of Denton adopted the Denton Development Code, a document that unifies elements of zoning, subdivision regulation, environmental protection, site design standards, and other development regulations. B. The zoning regulations contain 10 districts that allow single - family dwellings. Mixed -use structures are encouraged in some districts allowing the development of retail or office on lower floors with multi - family residential above. Denton's comprehensive plan, Denton Plan 2030 (and formerly The Denton Plan), will continue to guide the regulatory framework to encourage a diversity of population and income levels, accessibility to employment, recreation, school and community uses, and connection to public transit. C. Construction codes allow for the renovation of existing, usually older and more affordable units. Under these codes, units would not have to bear the increased costs of new construction codes unless a health or safety issue is present. D. Lots of record which may not meet current area requirements are "grandfathered" in some circumstances. E. The City of Denton building code requirements are reviewed by the Health and Building Standards Commission. This commission is a council- appointed citizen committee. Members are generally from the development community and are careful to ensure that adopted codes do not discourage development activities. The number of affordable housing units in the City of Denton as compared to other communities in Denton County indicates that current development policies do not hinder the development of a variety of housing units, including affordable units. Consolidated Plan DENTON 114 OMB Control No: 2506 -0117 (exp. 07/31/2015) AP -85 Other Actions — 91.220(k) Introduction: This section reports additional effects the City will undertake during the 2015 -16 program year to address residents' housing and community development needs. Actions planned to address obstacles to meeting underserved needs • Seek out additional funding sources to support housing and public services activities; • Assist local non - profit organizations in obtaining grants or other funding to support their efforts; • If necessary, act as a "pass through" organization to continue use of State and other funding to support homeless prevention and services for the homeless; • Continue to support existing public (social) services programs through the allocation and administration of City of Denton general fund dollars. • Work with the City's Planning and Development Department to implement recommendations included in the Denton Plan 2030. Actions planned to foster and maintain affordable housing The City plans to carry out the following activities during the 2015 -16 program year to foster and maintain affordable housing for Denton residents: • Continue to provide down payment, closing cost, and principal reduction assistance 17R, low and moderate-income homebuyers through the Homebuyer Assistance Program • Continue to fund the City's Home Improvement ro assist needs low and moderate income homeowners with repairs to their homes to meet their and decent • Continue to support the Denton Affordable Housing Corporation's (DAHC) efforts to increase the number of affordable housing units including their Affordable Housing Opportunity and Rental Rehabilitation programs; • Work with the Denton Housing Authority to support the development of additional affordable housing and obtain additional housing vouchers if available. Work with the City's Planning and Development Department to implement Actions planned to reduce lead -based paint hazards During the 2015 -16 program year, Denton plans to reduce lead -based hazards in Denton by ensure that all lead -based regulations are met throughout any housing rehabilitation construction activity performed on homes built prior to 1978 including the Minor Repair Program, Home Improvement Program, Minor Repair Program, Homebuyer Assistance Program, DAHC's Affordable Housing Opportunity Program and DAHC's Rental Rehabilitation Consolidated Plan DENTON 115 OMB Control No: 2506 -0117 (exp. 07/31/2015) Program. Denton will also seek opportunities to educate the public, housing services customers, and contractors regarding the hazards of lead -based paint. Actions planned to reduce the number of poverty -level families The City of Denton will continue to work with local non - profit organizations to administer programs designed to support lower income individuals and families. These programs will assist households in improving their financial status. Programs include: 1) free and /or low cost health care; 2) affordable child care; 3) mental health care services; 4) support for elderly households and others; develop housing initiatives to support veterans. The following are Denton's current efforts supporting the Consolidated Plan goal of low and moderate income persons having the opportunity to earn higher wages. • The City of Denton Economic Development staff participates with regional municipalities and the local Texas Workforce Commission Board in the North Central Texas Regional Economic Development Steering Committee for the purpose of addressing existing and future workforce skills needs of our respective and regional employers. The Committee is a participant in Texas Workforce Commission's High Demand Job Training Program that identifies and develops the skill sets of individuals for jobs in high- demand occupations in our respective region and cities. • Denton's Economic Development Partnership Board adopted a Strategic Plan that provides a means to address Denton's key workforce needs. • Denton ISD's Career and Technology Advisory Board industry partners provide curriculum expertise and internship opportunities to students enrolled in the district's 31 career skills and certification training programs covering 11 career fields. Dual high - school /college credit classes are offered to high school juniors and seniors. • North Central Texas College (NCTC) has developed certifications and associate degree programs for specific industry partners, such as the Petroleum Technology Certification and Associate Degree options. NCTC is a partner to businesses utilizing Skills Training grant funds. Actions planned to develop institutional structure The two institutional gaps stated in the 2015 -2019 Consolidated Plan included the provision of homebuyer education classes for low and moderate - income new homebuyers and supportive housing. To meet the homebuyer education class during the 2015 -16 program year, Denton is planning on investigating partnerships with Green Path Solutions, a local housing counseling non - profit, Denton Affordable Housing Corporation and /or the State of Texas to develop a more comprehensive educational program. As discussed in SP -40 the City will support the collaborative efforts of the Denton County Homeless Coalition (DCHC) and other service sector programs to ensure the community is Consolidated Plan DENTON 116 OMB Control No: 2506 -0117 (exp. 07/31/2015) organized to advocate; coordinate service delivery; improve effective use of available resources and provide leadership for long -term planning efforts among various homeless providers, homeless advocates and across multiple sectors. Strategies to move the homeless to housing and to shorten the length of time a person or family experiences homeless involve: • Support the Denton CAN services to provide a reduction in time that it takes for a person who is homeless to identify and access the right services needed. • Improve community capacity by seeking to increase funding for housing programs including housing location and stabilization resources; case management; and supportive services. • Facilitate coordination of case management and supportive services to help the homeless have access to the services necessary to secure housing and maintain housing stability. • Increase specialized supportive housing options for those with prioritized special needs. Actions planned to enhance coordination between public and private housing and social service agencies The City of Denton has a very strong network of service providers including those providing housing, education, health care and other needed services. Over the past four years, the United Way of Denton County, the City of Denton, the Denton Independent School District and other organizations have joined together to review and discuss the provision of services in the Denton area in an attempt to maximize the benefits derived from available resources. Below is a list of the committees that have been developed to assist in improving the coordination of services: • Denton County Homeless Coalition • Mayor's Committee on Persons with Disabilities • Denton Hunger Coalition • Pre -K (Kindergarten) Coalition • Community Impact Committee (specific issues discussed including mental health) • Bank on Denton County (attempt to support low- income use of checking /savings accounts rather than "pay day loan" providers.) City of Denton Community Development (CD) staff members will continue to participate in the above committees during the 2015 -16 program year. The City is part of a strong team of service providers who are working to improve services for the low income community. Consolidated Plan DENTON 117 OMB Control No: 2506 -0117 (exp. 07/31/2015) Program Specific Requirements AP -90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction: This section will describe activities planned with respect to all CDBG funds expected to be available during the program year (including program income that will have been received before the start of the next program year). Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan 3. The amount of surplus funds from urban renewal settlements 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. 5. The amount of income from float- funded activities Total Program Income Other CDBG Requirements 1. The amount of urgent need activities M $0 $0 $0 $0 $0 $0 Consolidated Plan DENTON 118 OMB Control No: 2506 -0117 (exp. 07/31/2015) HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(1)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City of Denton does not utilize other forms of investment beyond those identified in 92.205(b). The City will not permit other forms of investment without the prior approval of HUD. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: The City of Denton utilizes HOME funds to provide assistance to first -time homebuyers with closing costs, down payment, prepaids and principal reduction through the City of Denton's Homebuyer Assistance Program (HAP) and Denton Affordable Housing Corp.'s Affordable Housing Opportunity Program (AHOP). The maximum HOME subsidy for both programs will be $14,900. The HOME subsidy sets up a 5 -year recapture period and provided as a deferred forgivable loan at a 0% interest rate. City of Denton utilizes recapture for both programs as required by 24 CFR 92.254(a). Recapture occurs when the homebuyer sells the property during the affordability period, or when the recipient of HOME funds defaults by leasing the property, fails to maintain the property as a primary residence, the property is foreclosed on by any lender, or when the recipient violates the covenants contained in the Written Agreement between the homebuyer and the City of Denton or DAHC. The terms of recapture are contained in the Written Agreement between the homebuyer and the City of Denton or Denton Affordable Housing Corporation. The City of Denton and DAHC's homebuyers that receive direct down payment, closing cost, principal buydown assistance and /or a reduction of the sales price to below the market value to make the unit(s) affordable, will meet the affordability period if they remain in the home for the full required period of affordability as determined by the amount of the assistance received (five to fifteen years). The actual required period of affordability will be based on the total amount of the direct HOME assistance provided as noted below. The effective date of the beginning of the required period of affordability is the date all completion data is entered into IDIS and as documented by a fully executed HUD -1, a copy of which has been placed in each individual homebuyer's file. HOME Program Assistance Amount Minimum Required Affordability Period in Years $1,000 - $14,999.99 5 $15,000 — $40,000 10 Over $40,000 15 Consolidated Plan DENTON 119 OMB Control No: 2506 -0117 (exp. 07/31/2015) Under "Recapture ", if the home is sold prior to the end of the required affordability period a portion of the net sales proceeds from the sale, if any, will be returned to the City of Denton to be used for other HOME - eligible activities. The portion of the net sales proceeds that is returned to the City of Denton is equal to the amount of HOME funds invested in the property less the amount for each full month that the residence was occupied by the homebuyer or property owner as his /her /their principal residence. Any funds remaining after the distribution of the net sales proceeds to all lien holders, including the City of Denton, will be returned to the homeowner. In the event of a sale, short sale or foreclosure, the amount recaptured will be limited to the amount of 'net sales proceeds' available at the time of such occurrence. If there are insufficient funds remaining from the sale of the property and the City of Denton recaptures less than or none of the recapture amount due, the PJ must maintain data in each individual file that provides the amount of the sale and the distribution of the funds. This will document that: i. There were no net sales proceeds; or ii. The amount of the net sales proceeds was insufficient to cover the full amount due; and that, iii. No proceeds were distributed to the homeowner. Other than the actual sale of the property, if the homebuyer breaches the terms and conditions for any other reason, e.g. no longer occupies the property as his /her /their principal residence, the full amount of the subsidy is immediately due and payable. The City of Denton must immediately repay its HOME Treasury Account, from non - federal funds, for the full amount of the assistance provided whether or not it can recoup any or all of the funds from the homebuyer. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Federal assistance will be provided in the form of a 0% interest, deferred payment loan (DPL) and will be secured by a HOME Written Agreement, fully executed and dated by all applicable parties and a Promissory Note and Deed of Trust. The Deed of Trust is recorded in the Real Property Records of Denton County. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City of Denton does not currently use of HOME funds to refinance existing debt secured by multi - family housing that is being rehabilitated with HOME funds. Consolidated Plan DENTON 120 OMB Control No: 2506 -0117 (exp. 07/31/2015) Appendices 1. Citizen Participation Plan 2. Fair Housing Plan and Analysis of Impediments to Housing Choice. Consolidated Plan DENTON 121 OMB Control No: 2506 -0117 (exp. 07/31/2015) CITY OF DENTON COMMUNITY DEVELOPMENT PROGRAM CITIZEN PARTICIPATION PLAN Revised October 2014 The City of Denton's Community Development Citizen Participation Plan is designed to afford all citizens of Denton the opportunity to comment on the Consolidated Plan, community development procedures and specific projects. Citizens and organizations can provide comments on activities to the Community Development Division, 601 E. Hickory Street, Ste B, Denton, Texas 76205. The phone number for the office is 940 - 383 -7726. A messaging service is available for calls after normal business hours. The following is an overview of Denton's Citizen Participation Plan. I. Encouraging Citizen Participation A. Encouraging General Participation B. Encouraging Participation from Citizens in Low and Moderate Income Areas C. Encouraging Participation from Minorities, Non - English Speaking and persons with disabilities II. Opportunities for Citizen Comment on Citizen Participation Plan A. Plan B. Amendments III. Public Hearings A. Purpose B. Advance Notification C. Locations D. Translation Services IV. Consolidated Plan A. Information Available to Citizens 1. Amount of Assistance 2. Activities 3. Low /Mod Benefit B. Publishing Requirements and Availability 1. Summary of Plan 2. Comment Period 3. Locations 4. Access for Disabled 5. Summary of Comments C. Amendments V. Performance Reports Consolidated Plan DENTON 122 OMB Control No: 2506 -0117 (exp. 07/31/2015) VI. Technical Assistance A. Notification B. Proposals VII. Meetings VIII. Access to Records IX. Displacement X. Complaint Procedures Each element is discussed in detail below. SECTION I. ENCOURAGING PARTICIPATION A. The following steps will be carried out to encourage participation from all citizens in community development decision - making. 1. Advertise Consolidated Plan activities and programs in a newspaper of general circulation and on the City's website. 2. Post notification of all citizen advisory board meetings at least 72 hours in advance. 3. Directly notify service agencies, churches, existing neighborhood associations, local businesses, developers and other organizations of opportunities to participate in Consolidated Plan activities. B. The following steps will be taken to encourage participation by low and moderate - income households. 1. Whenever possible and at least once annually hold public hearings within a low to moderate - income neighborhood. 2. Develop a list of interested citizens who reside in low- income neighborhoods and notify them of all public hearings and requests for comments. 3. Contact churches, civic organizations, neighborhood groups, etc. serving low - income neighborhoods. Request that they announce public hearings, comment periods, program information and other community development activities occurring throughout the program year. 4. Whenever possible, canvass low- income neighborhoods providing information regarding public hearings, program information, etc. to all residents within the neighborhood. 5. Request that the Denton Housing Authority and other local service agencies post flyers that encourage participation in the Consolidated Plan process by residents and clients. C. The following steps will be taken to encourage participation by minorities, non-English - speaking persons and persons with disabilities. Consolidated Plan DENTON 123 OMB Control No: 2506 -0117 (exp. 07/31/2015) 1. Include advertisements in any additional publications, the City's website, radio and television stations that target a specific group of citizens, some of whom may reside in low income areas. 2. Advertise Consolidated Plan activities and programs in both Spanish and English. If another significant language minority exists, staff will attempt to translate advertisements to include the language. Provide interpreters at public meetings when needed. Hold all public meetings in buildings accessible to persons with disabilities. Make program information available in locations accessible to persons with disabilities. 4. Provide a sign - language interpreter if requested. 5. Disseminate Community Development newsletters to organizations that assist non - English speaking households and persons with disabilities. SECTION II. PUBLIC COMMENT ON CITIZEN PARTICIPATION PLAN A. The following steps will be taken to obtain comments on the Citizen Participation Plan. 1. The Citizen Participation Plan will be available for review during a published comment period. The period will not be less than 15 calendar days. 2. A summary of the plan will be published in advertising form in a newspaper of general circulation. The summary will include a list of locations where the plan will be available for review. Locations may include city hall, public libraries, recreation centers, and the City's website. Copies of the plan will be accessible to those in low- income neighborhoods. 4. Upon request, the Citizen Participation Plan will be in a format accessible to persons with disabilities. 5. A City social media site will also be used to obtain comments on the Plan. 6. All published notices will direct comments to the Community Development Division. B. Amendments to the Citizen Participation Plan will be published in a newspaper of general circulation. The notice will identify a comment period of not less than 15 days. Comments will be directed to the Community Development Division. SECTION III. PUBLIC HEARINGS A. A minimum of two public hearings will be held to provide information on the different stages of the development process including: Consolidated Plan DENTON 124 OMB Control No: 2506 -0117 (exp. 07/31/2015) 1. identifying housing and community development needs 2. reviewing proposed use of funds 3. reviewing program performance B. The minimum notification for any public hearing will be seven days calendar days. In most instances, notification of the hearing will take place at least 15 days before the hearing date. Notifications will be run in advertising form in a newspaper of general circulation and on the City's website. C. Hearings will be held in various locations throughout the City after 5:00 pm. All public hearings will be held in census tracts where at least 51% of residents are low and moderate income. 1. All locations will be accessible to persons with disabilities. 2. At least one public hearing annually will be held in a neighborhood that is predominantly minority. D. Translation services will be provided upon request or if it is likely that non-English - speaking persons will be present. E. At least one public hearing will be held prior to the submission of the Consolidated Plan and /or Annual Action Plan to receive public comment. F. At least one public hearing will be held prior to submission of an application for Section 108 Loan Guarantee funds. The hearing may be held in conjunction with a general public hearing on the Consolidated Plan, but will be scheduled as a separate agenda item. SECTION IV. OPPORTUNITIES FOR COMMENT ON THE CONSOLIDATED PLAN A. The following Consolidated Plan information is made available to citizens before final approval of the Plan. 1. The amount of assistance expected to be available to the jurisdiction for community development activities. 2. A list of the activities proposed to be included in the Consolidated Plan for the coming fiscal year. 3. An estimate of the amount of funding that will benefit low and moderate - income persons. B. The Consolidated Plan will be made available to the public for review and comment. Consolidated Plan DENTON 125 OMB Control No: 2506 -0117 (exp. 07/31/2015) 1. A summary of the Consolidated Plan will be published in advertising form in a newspaper of general circulation. Additional notices of the Plan's availability will be advertised using the Community Development newsletter and the City's website. 2. The summary and additional notices will include information on the thirty -day comment period including dates of the comment period, plan locations and where to direct comments and questions.3. Locations where the Consolidated Plan will be made available for citizen review may include: the Community Development Division office, local libraries, recreation centers, and other public facilities. Most locations will be in areas where at least 51% of the residents are low to moderate income. There will be at least three locations available for plan review. The Consolidated Plan will also be available for review on the City's website, on the Community Development page. 4. All Consolidated Plan review locations will be accessible to persons with disabilities. 5. All comments will be considered and a summary of comments will be included in the Plan and reasons for non - acceptance. C. Any substantial change to the activities described in the Consolidated Plan will require a formal amendment approved by City Council. Substantial changes include the following: 1. Any transfer of funds over 10% of the total grant allocation for the fiscal year in which the activity was funded. 2. Cancellation of a planned activity. 3. Addition of a new activity not previously proposed for public review. 4. Change in the primary purpose or scope of an activity, such as a change in intended beneficiaries or organizational support. Any increase or decrease in a proposed allocation (HUD grant) that is over 1% of the total allocation for the fiscal year. Amendments will be published in a newspaper of general circulation at least 30 days before a request for City Council approval. All comments received will be provided to City Council for consideration. SECTION V. PERFORMANCE REPORTS A comment period of at least 15 calendar days will be provided before submission of any performance reports to the US Department of Housing and Urban Development. A notice will be run in advertising form in a paper of general circulation. The advertisement will advise citizens of the availability of the performance report. The notice will also say that the Community Development Division will accept comments for the 15 -day period. A summary of all comments received will be attached to the performance report. Consolidated Plan DENTON 126 OMB Control No: 2506 -0117 (exp. 07/31/2015) SECTION VI. TECHNICAL ASSISTANCE A. Technical assistance will be provided to all persons who wish to develop a proposal for Community Development Block Grant and /or HOME funds. All advertisements will indicate that technical assistance in preparing proposals is available. Citizens will also be informed at the public hearings that technical assistance is available. They will be provided with information that includes the address and phone number of the Community Development Division. B. Any proposal requiring technical assistance from other departments will be forwarded to that department by Community Development staff. Proponents of the proposal will also be given a key contact within the department as liaison on the request. A proposal will be developed and submitted to the Community Development Advisory Committee for review and recommendations. SECTION VII. MEETINGS All Community Development Advisory Committee and any city council meetings where there will be discussion of Consolidated Plan activities will be subject to a 72 -hour notification requirement. Notice of meetings will be posted by the City Secretary at least 72 hours before their scheduled session. SECTION VIII. ACCESS TO RECORDS Citizens may request access to any non - confidential records regarding Consolidated Plan activities. At a minimum, information from the preceding five years will be made available. The information is available from the Community Development Division and on the City's website. Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. Special arrangements may be made for individuals who are not available during regular office hours or who are disabled and not able to visit the Community Development Division offices. The information can also be emailed to citizens upon request. Charges for copies will be based on current City of Denton policies under the Open Records Act. SECTION IX. DISPLACEMENT No activities will result in involuntary displacement of persons. However, should such displacement occur, the City of Denton will follow the procedures described in the Residential Anti - Displacement and Relocation Assistance Plan. Consolidated Plan DENTON 127 OMB Control No: 2506 -0117 (exp. 07/31/2015) SECTION X. COMPLAINT PROCEDURE Any citizen or group who wishes to file a complaint concerning any aspect of the Community Development program may contact the Community Development Division at the Texas Building, 601 E Hickory St, Suite B, Denton, Texas, 76205, 817/383 -7726. Complaints may be in writing or made verbally to any member of the Community Development staff. Staff may request that verbal comments be repeated for clarification. Responses to each complaint will be determined within 15 days of receipt of the complaint. Complaints received verbally may receive a verbal response over the telephone or a meeting maybe setup to discuss the complaint and the response. Documentation of the call or the meeting will be placed in the appropriate project or general file. Some verbal complaints may receive written responses. These and all written responses to written complaints will be completed and mailed within 15 days from the receipt of the written complaint. All complaints both written and significant verbal complaints will be tracked and a written list of complaints will be available for review. Every six months or more frequently if needed, staff will review the complaint list and discuss any necessary changes to program requirements and /or staff administration of programs and activities. Consolidated Plan DENTON 128 OMB Control No: 2506 -0117 (exp. 07/31/2015) 1 t CITY OF DENTON FAIR HOUSING PLAN AND ANALYSIS OF IMPEDIMENTS TO HOUSING CHOICE Prepared By: Community Development Division Consolidated Plan DENTON 129 OMB Control No: 2506 -0117 (exp. 07/31/2015) Table of Contents Consolidated Plan DENTON 130 OMB Control No: 2506 -0117 (exp. 07/31/2015) Page I. Introduction 3 II. Housing Market and Demographic Factors 4 -6 III. Community Development Activities 7 -9 A. Analysis 1. Housing Programs 2. Human Services Activities 3. Public Facilities and Infrastructure Improvements 4. Demolition and Clearance B. Proposed Actions IV. Fair Housing Activities 9 A. Analysis B. Proposed Activities V. Fair Housing Complaints 9 -10 A. Analysis B. Proposed Activities VI. Lending Practices 10 -11 A. Analysis B. Proposed Activities VII. Development Policies 12 -15 A. Analysis B. Proposed Activities VIII. Conclusion 16 IX. Certification 17 Consolidated Plan DENTON 130 OMB Control No: 2506 -0117 (exp. 07/31/2015) INTRODUCTION The City of Denton is committed to affirmatively furthering fair housing for all persons. As part of the community's goal to assure every individual the right to safe, decent and sanitary housing, an analysis of impediments to fair housing has been carried out using 2010 census information and data from other studies. One such study, the City's recently adopted Denton Plan 2030, states specifically in the "Housing and Neighborhood Element" that the new plan "provides the basis for ensuring housing options for all of Denton's population in safe and livable neighborhoods, complete adequate community facilities to serve them. This element will ensure the conservation of Denton's present neighborhoods, as well as the development of well - designed neighborhoods in the future." Elements of the City's Fair Housing Plan include the following: • Completion of an analysis to identify impediments to fair housing choice; • Development of programs, policies and activities designed to overcome the effects of any identified impediments; • Implementation of plan; • Maintenance of records reflecting activities designed to affirmatively further fair housing. The City of Denton's Fair Housing Plan is divided into six (6) areas. Each area has been reviewed to determine what impediments might exist and what actions should be taken to ameliorate these conditions. The following is a list of those areas: 1. Housing Market and Demographic Factors 2. Community Development Activities 3. Fair Housing Activities 4. Fair Housing Complaint Process 5. Local Lender Activities 6. Development Policies The City's 2015 Consolidated Plan provides information on the efforts that were taken to gain input from citizens and organizations regarding housing needs and other needs in Denton. Information obtained from these efforts was used to develop the strategies in the Consolidated Plan and assisted Community Development staff in making a determination as to the impediments to fair housing that may exist in the Denton community. Please refer to these pages for information on community input. Consolidated Plan DENTON 131 OMB Control No: 2506 -0117 (exp. 07/31/2015) HOUSING MARKET AND DEMOGRAPHIC FACTORS ANALYSIS Housing market supply factors from the 2010 Census indicate that housing in the City of Denton is more affordable and therefore easier for all populations to access, than any other area of the County. Denton and Sanger had the lowest median rents ($625 and $636 respectively); $100 less than Argyle with the next lowest rent and less than half the median rent charged in Highland Village ($1,276). Denton had the largest share of renter occupied housing units (58 %), 12 percentage points higher than Lewisville with the second highest share. In Carrollton, Sanger and the remaining jurisdictions in the County, approximately one -third of the households are renter. Argyle, Corinth, Flower Mound and Highland Village each have less than 10% renter households. According to the Census, Denton also has the third lowest median housing value in the County ($98,600), just ahead of The Colony ($95,700) and $27,000 higher than Sanger. Argyle had the highest housing value at $236,800; almost double the County ($127,000). Flower Mound and Highland Village also had home values significantly higher than the County at more than $180,000. In 2013, 51.6% of Denton's housing units were renter occupied, lower than the 52.7% reported in the 2010 census. This downward trend is most likely due to the number of single family units built in Denton since 2000. Of the single family units in Denton, 57.81% are owner - occupied as compared to 42.19% of multi - family units. Denton's median rent in 2046 was $858; a 21.4% increase over 2006. Median home values increased by 14.6% in Denton. These factors indicate that there appears to be more affordable housing in Denton than in most other areas of Denton County. Though "income level" is not a protected class under the Fair Housing statute, the presence of affordable housing is an indicator of a community's willingness to accept and promote a diverse population base. Below are two charts comparing Denton's 2013 cost of housing to the rest of the County: Consolidated Plan DENTON 132 OMB Control No: 2506 -0117 (exp. 07/31/2015) Less $500- $750- $1000- $1500 or Median % Renter than $749 $999 $1499 more Occupied $500 Denton 3% 20% 34% 30% 13% $944 34.5% County Denton 5% 31% 32% 24% 8% $858 51.6% Balance of 2% 17% 35% 32% 14% Not 31% County Available Consolidated Plan DENTON 132 OMB Control No: 2506 -0117 (exp. 07/31/2015) Housing Value Type of Assistance Less than 50K $50- 99.9K $100- 149.9K $150- 199.9K $200- 299.9K $300- 499.9K 500K+ Median Denton County 4% 6% 22% 24% 24% 15% 5% $184,100 Denton 7% 13% 32% 25% 15% 6% 2% $148,100 Balance of County 4% 5% 20% 23% 25% 17% 6% Not Available Source (both charts): US Census Bureau, 2013 American Community Survey Extensive demographic information is included in the Consolidated Plan. The information discussed in this section includes growth projections, racial and ethnic information, minority concentrations, housing stock, housing tenure and size of households. Below is a chart showing Denton's "Affordable Rental Housing Inventory ". The chart indicates that several housing tax credit developments provide affordable housing to lower income households. It is important to note that, over the past several years, Denton has consistently had more than or has been very close to two times the State average of Housing Tax Credit (HTC) units per capita. One project entailed the rehabilitation of an older low- income apartment complex developed under the Section 202 program. The complex is a multi - family development that is continuing to serve low and moderate - income households. Affordable Rental Housing Inventory Organization Type of Assistance Funding Source Number of Units Denton Housing Subsidized units in Section 8 1526 * Authority City of Denton Country Park Affordable Family HTC 120 Apartments Units The Waterford at Affordable Family Spencer Oaks Units HTC 156 Rosemont at Pecan Affordable Family Creek Units HTC 276 Primrose at Sequoia Affordable Senior Park Units HTC 250 Pebblebrook Affordable Family HTC 250 Apartments Units Subsidized Senior Pecan Place (DHA) HTC; CDBG 24 Units Renaissance Courts Affordable Family HTC & DHA private (DHA) Units financing 150 Affordable Family Quail Creek North HTC 264 Units Consolidated Plan DENTON 133 OMB Control No: 2506 -0117 (exp. 07/31/2015) Affordable Rental Housing Inventory Organization Type of Assistance Funding Source Number of Units Affordable Senior Providence Place II HTC 252 and Family Units Subsidized Senior Fairoaks Section 202 41 Units Affordable Family The Roxton HTC 126 Units Denton Affordable Section 811; HOME; Units for Disabled 34 Housing Corp. HTF; FHLB; Private Denton Affordable Transitional Housing FHLB; TDHCA; HOME; 23 Housing Corp. Units Private Denton Affordable Affordable Family private and HOME funds 49 Housing Corp. Units TOTAL UNITS AND /OR SUBSIDIES AVAILABLE 3,541 *Number of vouchers available The following are specific references /information available in the draft of the City of Denton's 2015 -2019 Consolidated Plan related to population and housing characteristics: f qol) lllatiiioin, Sui °'aIlC lllo urneui °t aind III ° ° °loussiiiung Cllhaurac °teuiriiistiiics Population Characteristics Housing Supply and Tenure Housing Affordability Affordable Housing Inventory Homeless & Special Needs Housing lousshig Needs Assess ui nein't aind Stirategiiies Rental Housing Owner - Occupied Housing Homeownership Special Needs Housing /Homeless and Continuum of Care Lead Paint Hazards Consolidated Plan DENTON 134 OMB Control No: 2506 -0117 (exp. 07/31/2015) Denton Housing Authority The Denton Housing Authority (DHA) provides Section 8 vouchers on a first -come, first - served basis. They currently have a waiting list and those households placing their name on the list have a three to four year wait before they are able to be considered for housing assistance. Below is a chart providing racial /ethnic information on the 2010 DHA Section 8 tenant households: Family Members by Race — March 2015 Program I Section 8 Count of Race Ethnicity Hispanic or Not Hispanic or Grand Race Latino Latino Total Asian 2 43 45 Black /African American 18 1936 1954 Native Hawaiian /Other Pacific Islander 2 2 White 551 929 1480 American Indian /Alaska Native 5 5 Grand Total 571 2915 3486 COMMUNITY DEVELOPMENT ACTIVITIES ANALYSIS The 2015 -2019 Consolidated Plan for Housing and Community Development provides information on Denton's demographics and community needs. Annual Action Plan activities are based upon the Consolidated Plan. Elected officials base decisions regarding activity funding on a multidimensional process that includes needs assessment, citizen input, committee review and discussion and final approval. The Consolidated Plan includes detailed data that is used to pinpoint areas of specific need in the community. Federal, State and local resources are then targeted to meet these needs. Community Development activities have, over the past several years, been targeted to the following areas: Housing programs: owner - occupied maintenance and renovation /reconstruction; homebuyer assistance, purchase /rehab /sale of moderately - priced units; renovation of affordable rental units; assistance with accessibility features; Housing Tax Credit rental developments; lead hazard control program. Consolidated Plan DENTON 135 OMB Control No: 2506 -0117 (exp. 07/31/2015) Human services activities: transitional housing; domestic violence shelter and services; child care for lower- income households; indigent health care; homeless prevention and assistance services; services for households affected by AIDS; and other needed services. Public facility & infrastructure improvements: streets, sidewalks; drainage; park improvements; water and sewer improvements. These projects serve to revitalize low and moderate - income neighborhoods. Housing Programs Support for housing programs targeting low and moderate - income households has been the focus of Denton's CDBG and HOME programs since their inception. Housing rehabilitation was the first major program developed and this has been expanded to include reconstruction of severely substandard units and a minor repair program for units with problems that require immediate attention. The City also supports a homebuyer assistance program and staff has worked closely with local lenders and real estate professionals to make the program a success. Perhaps one of the most successful activities has been the City's development of and support for the Denton Affordable Housing Corporation, the City's only certified Community Housing Development Organization. The City of Denton has also worked with the Denton Housing Authority and private developers participating in the State's Housing Tax Credit Program. As stated above, as early as 2005, Denton had more than two times the State average of tax credit units serving low to moderate - income renters. Human (public) services activities are funded through both CDBG and the City's general fund. The City of Denton has been supporting and funding human services since the 1970's, before becoming a CDBG entitlement community in 1984. Funded activities include but are not limited to the following: o Domestic violence prevention and victim's services o Day care for low and moderate - income households o Nutrition and hygiene assistance for AIDS - impacted families o Transitional housing programs o Rent, utility and food assistance o Summer playground programs for youth in low- income neighborhoods o Health and dental care o Senior services o Advocacy services for victims of child abuse o Homeless prevention and assistance programs These services are provided by local non - profit organizations. Each organization funded with CDBG is subject to an annual risk assessment. Those organizations where the assessment indicates a "high" risk is present will be monitored. Each organization is monitored at least once every two to three years. Contracts require compliance with CDBG and other federal regulations. Quarterly reports detail financial and beneficiary information and provide progress reports regarding performance measures. The City of Denton also continues to provide funding Consolidated Plan DENTON 136 OMB Control No: 2506 -0117 (exp. 07/31/2015) from the general fund to support local service agencies. General fund dollars dedicated to these programs are significantly more than the 15% set aside from CDBG that is also allocated to service agencies. A strong collaborative relationship exists between governmental, educational and other funding organizations such as the United Way of Denton County, the Denton Independent School District, the University of North Texas, Texas Woman's University and the City of Denton. As a result, programs are well - planned and targeted to meet specific needs identified in the community through the efforts of these organizations. A major collaborative effort entailed the development of the Denton County Homeless Coalition. The Coalition develops funding applications to assist in providing services to the homeless and potentially homeless throughout the County. The City of Denton has, over the past several years, been the entity that has officially applied for and administered funding for homeless activities throughout Denton County. The City of Denton provides this "pass through" service for the Denton County Homeless Coalition even though most of the administrative funding for these grants is provided by the City. A description of the City's human (public) services priorities and proposed activities can be found in the 2015 -2019 Consolidated Plan. Public facilities and infrastructure improvements are carried out in low income areas. These include parks, streets, sidewalks, drainage and sewer improvements. CDBG funds spent in this manner revitalize low income neighborhoods and provide incentives for residents to maintain and improve their properties. These projects combined with housing construction, rehabilitation and reconstruction activities significantly improve the quality of life for those in these neighborhoods and throughout Denton. The Consolidated Plan provide additional information on priorities and goals for this activity. Demolition and clearance activities are requested and carried out by the City's Community Improvement Services Division. These activities eliminate slum and blighting conditions throughout the City and are funded through the City's general funds, not CDBG. This activity can make lots available for new housing construction and promotes viable, attractive neighborhoods. PROPOSED ACTIONS 1. Promote citizen participation in a process that includes discussions of fair housing issues to assist in development of each annual Action Plan. 2. Continuation of programs that support the preservation of existing affordable housing, the revitalization of low- income neighborhoods and the encouragement of homeownership for low and moderate - income homeowners. Consolidated Plan DENTON 137 OMB Control No: 2506 -0117 (exp. 07/31/2015) 3. Support diversity and the development of affordable housing in all Denton County communities and the North Central Texas area. FAIR HOUSING ACTIVITIES ANALYSIS Over the past several years, the major emphasis regarding fair housing activities in Denton has included the following: • Development and maintenance of affordable housing; • Educational activities; • Creation and support of a local community housing development organization (CHDO); • Assisting residents that want to file a complaint with the Dept. of Housing & Urban Development, Fair Housing Office; • Translation of program and legal documents into Spanish; • Program information provided in quarterly English /Spanish newsletters; • Accessing additional funding for Community Development activities such as the State's Amy Young Barriers Removal program which is used to assist households that need accessibility features in their homes but cannot afford them. Advertisements, published weekly in the local newspaper, the Denton Record - Chronicle, provide fair housing contact information. Also, the Community Development Division continues to work with local lenders and real estate professionals to support fair lending and fair housing practices. Each annual "Consolidated Annual Performance and Evaluation Report" contains a section detailing the actions taken by the City of Denton to affirmatively further fair housing. FAIR HOUSING COMPLAINTS ANALYSIS City Community Development staff provides information and assistance to complainants regarding the appropriate forms and how to file a fair housing complaint with the U.S. Department of Housing & Urban Development's Fair Housing office. Information is also provided regarding how to contact the Texas Tenants Union and the Dallas Housing Crisis Center. PROPOSED ACTIONS Consolidated Plan DENTON 138 OMB Control No: 2506 -0117 (exp. 07/31/2015) 1. Attend HUD - sponsored or other fair housing training when available to keep staff apprised of any recent changes to fair housing laws or requirements as they relate to Community Development programs. 2. Support training on the City's programs and Fair Housing for local real estate professionals, property owners and managers. 3. Continuation of housing programs designed to ensure that affordable, accessible housing is available in Denton. 4. Work with Building Inspections and the City's Community Improvement Division to ensure that rental properties meet city codes to ensure health and safety for tenants, including participation on discussions regarding development of a local rental inspection program. LENDING PRACTICES ANALYSIS A comprehensive study to assess the compliance by Denton -area lenders with fair housing law and requirements has not been conducted. However, staff continues to work closely with local lenders and realtors and confirms that several local lenders appear committed to meeting community needs, especially in the area of affordable housing. The City of Denton and the Denton Affordable Housing Corporation have partnered with local lending institutions to assist low and moderate - income households. The following are some examples of the above - mentioned partnerships with lending institutions: 1) In the past, NorthStar Bank has partnered with the Community Development Division to obtain Federal Home Loan Bank funding. This funding is used to assist low and moderate - income homebuyers and homeowners through the City's existing programs. 2) Wells Fargo Bank and First State Bank continue to partner with the Denton Affordable Housing Corporation providing development loans for several of their housing projects. 3) Lenders have the opportunity to become "Participating Lenders" for the City's Homebuyer Assistance Program (HAP). At any time, the program usually has about twenty -five participating lenders. All participants have made a commitment to affirmatively market the HAP to low and moderate - income buyers. Based on experiences with local lenders by the Community Development Division and the Denton Affordable Housing Corporation, it does not appear that any neighborhoods are subject to "blacklisting" and that no specific groups of borrowers are being denied access to mortgage or home improvement loans. Lenders have also taken action, along with Community Development and DAHC staff, to ensure that homebuyers can afford the mortgage, utility and Consolidated Plan DENTON 139 OMB Control No: 2506 -0117 (exp. 07/31/2015) tax payments on the housing unit they intend to purchase. It is important to note that those households participating in the homeownership programs provided by DAHC and the City of Denton are required by the City to meet standard debt to income and loan to income ratios. PROPOSED ACTIONS 1. Maintain current relationships with local lenders to support community fair housing efforts. 2. Provide training to lenders regarding the City's Homebuyer Assistance Program. Ensure that they understand that the underwriting criteria and loan programs should not support the provision of mortgage loans to low- income households that are unprepared for homeownership and /or cannot maintain required mortgage payments. 3. Include lenders on list of those invited to participate in fair housing training, home fairs and other activities sponsored by the City's Community Development Division. DEVELOPMENT POLICIES ANALYSIS A. Development policies adopted by the City of Denton are designed to encourage the production and preservation of affordable housing. There appear to be no overt barriers to the development of affordable housing in Denton. The City of Denton also actively promotes fair housing to ensure that affordable units are available to all. The following is a discussion of the relevant housing development and preservation policies. LONG RANGE HOUSING POLICY AND LAND -USE CONTROLS The City's adopted land use policies are embodied in The Denton Plan 2030 adopted by the Denton City Council on February 3, 2015. A significant portion of the "Housing and Neighborhoods" section of the plan is a discussion of housing choice and the improving the quality of housing and neighborhoods. Pages 191 to 211 in the Denton Plan 2030 describes the current housing profile and future plans for supporting a variety of housing and maintaining neighborhoods in the Denton community. Below is a list of the goals stated in the Plan. HN -1: Develop and maintain housing stock that meets the needs of all residents with a diverse array of choices in type, cost and location. HN -2: Ensure the continued viability of Denton's established neighborhoods through thoughtful conservation. N -3: Maintain and improve the livability of Denton's neighborhoods through provision of adequate schools and community facility. Consolidated Plan DENTON 140 OMB Control No: 2506 -0117 (exp. 07/31/2015) A. Housing Diversity: These policies are designed to insure and "strongly encourage" a wide range of housing types. Adopted policy statements include the following: Promote development of higher density housing as part of mixed-use development in Denton's urban core, including Downtown, the Downtown and Neigh borhood/U niversity Compatibility Areas, and in designated centers and Expand the availability of affordable housing choices for community members most in need of housing, including those with low incomes and special needs. • • - - • *. , Support expanded opportunities for home ownership to encourage neighborhood stability and reduce blight. .� ^'.. - • #- - .. - - #.- - - # . #. 0 - - .. ... il.»1yvai►• ia4a►• 1a►IIFTY1 .]►I Efforts to improve and expand existing programs supporting affordable housing continue to be funded by the City and have been very successful. The City of Denton has acted in accordance with its stated aforementioned policy to improve affordable and special needs housing. The following are some examples of the City's affordable housing policy implementation. A. Monetary support from the City's general fund for staff working with Federal grant programs, including CDBG and HOME. Specific programs administered by staff include the City's Homebuyers Assistance Program, Home Improvement Program and the Minor Repair Program. B. Continued monetary support provided to the City's only Community Housing Development Organization (CHDO), the Denton Affordable Housing Corporation. Consolidated Plan DENTON 141 OMB Control No: 2506 -0117 (exp. 07/31/2015) Recently, the DAHC is working with local lenders and the City to provide affordable rental housing to families and individuals. C. Provision of City general funds to provide impact fee grants to non - profit organizations developing affordable housing. D. Use of additional State funding to support accessibility home improvements for households with persons that have a disability. III. REGULATORY FRAMEWORK— ZONING, BUILDING CODES, FEES AND CHARGES AND I►• 11►111►VA to1►• I *II I1911►[eL ,IIr9►G7AINoil F. Zoning district standards and the subdivision regulation process /standards are very liberal and highly supportive of development and maintenance of affordable housing. In February 2002, the City of Denton adopted the Denton Development Code, a document that unifies elements of zoning, subdivision regulation, environmental protection, site design standards, and other development regulations. The code is one of several implementation tools used to achieve land use and housing goals and strategies put forth in The Denton Plan. The zoning regulations contain eleven residential districts. The regulations move away from minimum lot size zoning districts to maximum housing density per district allowing a flexibility of design to attract a wider market in housing product. The districts are based on the concept of neighborhoods that combine a mix of residential densities and housing types. Mixed -use structures are encouraged in many of the districts allowing the development of retail or office on lower floors with multi - family residential above. The concepts behind the zoning districts strive to encourage a diversity of population and income levels, accessibility to employment, recreation, school and community uses, and connection to public transit. The mixed -use nature of these districts requires specific site development and design criteria, inter - subdivision consistency, vehicular accessibility, and walkability linking neighborhoods together. G. Construction codes allow for the renovation of existing, usually older and more affordable units. Under these codes, units would not have to bear the increased costs of new construction codes unless a health or safety issue is present. H. Lots of record which may not meet current area requirements are "grandfathered." I. The City of Denton building code requirements are reviewed by the Health and Building Standards Commission. This commission is a council- appointed citizen committee. Members are generally from the development community and are careful to ensure that adopted codes do not discourage development activities. Current building code requirements include: Consolidated Plan DENTON 142 OMB Control No: 2506 -0117 (exp. 07/31/2015) • 2009 International Building Code • 2009 International Residential Code • 2009 International Fuel Gas Code • 2012 International Energy Conservation Code • 2009 International Mechanical Code • 2009 International Plumbing Code • 2009 International Fire Code • 2011 National Electrical Code PROPOSED ACTIONS 1. Continue to work with the Denton Affordable Housing Corporation and other housing providers to increase the supply of affordable, mixed - income, non - segregated housing units in the Denton area. 2. Continue to work with the Denton County Homeless Coalition and local non - profit corporations in an attempt to provide emergency and transitional housing to the homeless and potentially homeless. 3. Continue to seek out funding sources that can reduce the development fees for affordable housing. 4. Support the implementation of the rental inspection program. CONCLUSION The analysis of the five fair housing areas above has resulted in various conclusions regarding the City's attempts to affirmatively further fair housing. First, Community Development activities are carried out based on community needs as evidenced by input from citizens and general demographic data. Community Development activities are meeting housing needs in the community without regard to race, religion, ethnicity, gender, disability or family status. Second, fair housing activities will continue to concentrate on working with local real estate professionals and housing developers to promote fair housing as well as educating the community regarding fair housing issues. Third, the previous revision of the City's Fair Housing Ordinance will support stronger fair housing enforcement. Forth, it appears that local lenders are committed to meeting community needs through their participation in both the City's and the Denton Affordable Housing Corporation's programs and housing development activities. The final conclusion is that Denton has no overt barriers to fair housing. Denton has more affordable units than other Denton County jurisdictions this has supported diversity in the population. Efforts will be made to ensure that the community's affordable units remain in standard condition. Denton also has a strong non - profit sector that is working to ensure that all households in the area have Consolidated Plan DENTON 143 OMB Control No: 2506 -0117 (exp. 07/31/2015) access to housing, health care, jobs, etc. The City of Denton will continue to work with surrounding local governments and the North Central Texas Council of Governments to support fair housing in all North Texas communities. In accordance with the applicable statutes and the regulations governing the Consolidated Plan regulations, the City of Denton, as a grantee of the U.S. Department of Housing and Urban Development, certifies that it will affirmatively further fair housing through the following activities: 1. The City of Denton has conducted an analysis of impediments to fair housing choice within the jurisdiction. 2. The City of Denton has taken appropriate actions to overcome the effects of any impediments identified through the analysis. 3. The City of Denton will maintain records reflecting that analysis. 4. The analysis will be updated as needed when the 2015 -2019 Consolidated Plan, the Denton Plan 2030 and local building and maintenance codes are revised and adopted. Signature of Authorized Official George Campbell, City Manager Name and Title of Authorized Official Date Consolidated Plan DENTON 144 OMB Control No: 2506 -0117 (exp. 07/31/2015) S:ILegaA0ur Documents\Resolutions115\2015 -2019 CDBG Consolidated Plan.docx RESOLUTION NO. A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 2015 -2019 CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT INCLUDING A 2015 ACTION PLAN WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as a CDBG entitlement City and a HOME participating jurisdiction, has prepared, through a citizen participation process, a program for utilizing its 2015 -year entitlement funds, program income and reallocated funding from previous years in the approximate amount of $1,336,500; and WHEREAS, citizen participation requirements, including the holding of public hearings, have been met; and WHEREAS, the Community Development Act of 1974 and the National Affordable Housing Act of 1990 require an application and appropriate certifications included in the Consolidated Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a 2015 -2019 Consolidated Plan and a 2015 Action Plan and appropriate certifications for entitlement funds under the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended. SECTION 2. The City Council of the City of Denton, Texas, authorizes the Community Development Administrator to handle all fiscal and administrative matters related to the application, the Consolidated Plan and the certifications. SECTION 3. The City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. SECTION 4. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of .2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY M BY: [11-111 Page 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN File #: ID 15 -428, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Parks and Recreation ACM: John Cabrales, Jr. Date: June 2, 2015 SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the fundraiser, Ride for Reid BBQ 2015 Cook -off and Music Concert Benefit, to be held at the North Texas Fairgrounds beginning June 19, 2015, from 6 p.m. to midnight and Saturday, June 20, 2015, from noon to midnight. The exception is specifically requested to increase sound levels from 70 to 75 decibels, and for an extension of hours from 10 p.m. to midnight. Staff recommends approval. BACKGROUND Wes and Shelley Oldham have requested a noise exception to host a fundraising event, Ride for Reid, for their twelve - year -old son, who has several medical conditions. The funds will be used for medical expenses and equipment. The event will include a barbeque competition, auction, family - friendly fun activities and a live concert that features several performing artists. PRIOR ACTION/REVIEW (Council, Boards or Commissions) City Council approved noise exception requests for Ride for Reid events held in 2005, 2006, 2007, and 2011. EXHIBIT 1. Letter of Request from Wes and Shelley Oldham Respectfully submitted: Emerson Vorel, Director Parks and Recreation Prepared By: Janie McLeod Community Events Coordinator City of Denton Page 1 of 1 Printed on 5/28/2015 2015 BBQ Cook -Off & Music Concert Benefit May 6, 2015 City of Denton Janie McLeod Community Events Coordinator City Hall East 601 E. Hickory, Suite B Denton TX 76205 Exhibit 1 This letter is to request an exception to the noise ordinance for a fundraising benefit in June. This is a repeat benefit from 2011 that the public thoroughly enjoyed. We have also hosted benefits similar, which included a rodeo, in 2005, 2006 and 2007. The proceeds from the benefit are to help with medical costs and equipment for 12 year old Reid Oldham. Reid has a syndrome called CDKLS that causes daily seizures and has taken a toll on all his body systems. He requires total care 24/7, and the biggest need now is a lift system for the home to help lift and transfer him safely. • We are hosting the event "Ride For Reid BBQ Cook -off and Music Benefit ". • It will be Friday, June 191h from 6pm to midnight, and Saturday June 201h from noon to midnight. • The event will be at the North Texas State Fairgrounds in Denton. • We are requesting up to 75 decibels. • Friday will consist of BBQ teams arriving and setting up their pits in preparation for the competition. There will also be live music Friday night where the public is invited to enjoy for a fee to enter at the gate. The music will end by midnight. • Saturday when the gates open at noon, the public may enter for a fee at the gate, and enjoy various country bands and artists on the big stage, and a Poker Run will take place for motorcycle enthusiasts. There will also be a live and a silent auction, along with opportunity to taste competition BBQ and purchase food at concessions. The live music will begin around 1:00 pm, and should end before midnight on Saturday. I have attached our current event flyer; however, we are currently in the works with adding more music artists. Thank you for considering our request for the exception to the noise ordinance. We love hosting these events and have always had great feedback from the public. Regards, Wes & Shelley Oldham 3932 Overlake Drive Denton, TX 76210 972 - 989 -6211 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -429, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: June 2, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of two (2) backhoes, one (1) excavator, one (1) compact excavator, and one (1) roller for the City of Denton Wastewater Collections Department; and providing an effective date (File 5829- awarded to RDO Equipment Company in the amount of $604,637.35). The Public Utilities Board recommends approval (5 -0). FILE INFORMATION This item is for the purchase of four (4) equipment additions and one (1) replacement for the Wastewater Collections Department. The additions are part of a new construction crew that was approved by Council on January 6, 2015. The funding for the equipment was approved on April 7, 2015. The replacement equipment was approved as part of the 2014 -2015 fiscal year budget. Two (2) John Deere model 410LX backhoe loaders, one (1) John Deere model 300GLC excavator, one (1) John Deere model 50G compact excavator, and one (1) Sakai model SW320 asphalt roller will be purchased through the Buy Board Cooperative Purchasing Network Contract# 424 -13. One of the model 410LX backhoes is a replacement for a 2013 JCB model 3CX -14 backhoe loader that was undersized for the department's application. The model 3CX -14 backhoe will be sold at auction. Quotes were requested through three (3) cooperative contract vendors. RDO Equipment Company provided the lowest quote for each piece of equipment and was determined to be the best value for the City. This equipment is not available from local vendors. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 18, 2015, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award the purchase of construction equipment for the Wastewater Collections Department to RDO Equipment Company in the amount of $604,637.35. City of Denton Page 1 of 3 Printed on 5/28/2015 File #: ID 15 -429, Version: 1 PRINCIPAL PLACE OF BUSINESS RDO Equipment Company Fort Worth, Texas ESTIMATED SCHEDULE OF PROJECT The purchase and delivery of the construction equipment will occur within 180 days of purchase order issuance. FISCAL INFORMATION This item will be funded from the Wastewater Capital Project Fund accounts listed below: Fleet ID#WC15128- Backhoe 645042545 .1355.30100- $100,032.46 Fleet ID#WC15139- Backhoe 6450575451355.30100 - $100,032.46 Fleet ID#WC15134- Excavator 645048545.1355.30100 - $290,622.04 Fleet ID#WC15138- Compact Excavator 645052545.1355.30100 - $79,424.99 Fleet ID#WC15137 -Roller 645051545.1355.30100 - $34,525.40 Requisition 4124077 has been entered in the Purchasing software system. EXHIBITS Exhibit l: Equipment Pricing Comparison Exhibit 2: Equipment Quotes Exhibit 3: Public Utility Board Minutes Exhibit 4: Ordinance Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance City of Denton Page 2 of 3 Printed on 5/28/2015 File M ID 15 -429, Version: 1 For information concerning this acquisition, contact: Terry Kader at 349 -8729. City of Denton Page 3 of 3 Printed on 5/28/2015 h rvvm d by I cx:ls i''I O Sr O PLO r-I 00 0 V-4 Q0 (Y) 00 lzt 0 w " O 4 Cl r I LA 06 rj M (Y) 00 r-I 0) (14 00 l0 l-0 ry� kr� 4� rj C:) C C r -I r-I v-4 r� rJ 41 0 " Lf) r� C:) (Y) C)- c 0 x r1i m 0 4- co Lei U 4- 4j)- c i> r, = Ol C C c r4 r, co C C >- Z 00 Lr) C W r1i lzt r1i c M cI M :E CD VV C 00 C14 N u co 00 (Y) W CL x O a) C -C 0 Q0 CD O E w -C I oo 0 V) 7' 0 r- M m >. Ln 3: r-4. co -Ln r-I L.L M m cD Ln m rn >- M Q0 O N l0 N N Ln en tD 4-1 c a) > x E OR O m -C m 0 cr LU 5; m 0 r-I 0 rj co M M Ln 4� U- 001 4- = r-I Ln m cr O4-1 Zn -a 5 41 u 72 U N 0- O O cmuc�u CD - Ucu 0 Ln < 0 4., fo 4.1 x 4- fo fo O 0 0 4' u u vi a1 00 0 _C U (10 > 1 _C 41 a) x LU t3.0 (.0 41 a) Ln a) _C 4� a) U CL ro U 4- 0- _le u c e u 40 co a) X W = rj >-=3 mr O co MO w M co I r-I co cc �0— JOHN DEERE Proposal for. CITY OF DENTON ACCOUNTS PAYABLE 215 E MCKINNEY DENTON, TX, 76201 DENTON (940) 349 -8410 EXHIBIT 2 Investment Proposal (Quote) RDO Equipment Co. 5301 Mark IV Parkway Fort Worth TX, 73131 Phone: (817) 232 -8094 - Fax: (817) 847 -0398 Investment Proposal Date: Pricing Valid Until: Deal Number Customer Account#: Sales Professional: Phone: Fax: Email: Backhoe- Quantity of 2 WC15128,15113 2/12/2015 7/3/2015 750117 8410003 Kyle Braswell (817) 566 -1541 (972) 438 -6789 KBraswell@rdoequipment.com Equipment Information $100,032.46 Quantity Serial Hours Status / Year / Make / Model Cash Price Number rox.) ..... Additional Items _--I - ... 1 TBD ........ 0 New 2015 JOHN DEERE 410LX $174,702.00 Cash with Order. OABOT 410L BACKHOE LOADER Balance Due: 1065 ENGINE FT4 1700 JDLINK ULT W /850/1900MHZ 3YR 2035 CAB 2401 DECAL ENG W /ENG PACKET 3035 AXLE 2WD FRONT 4444 TIRE GAL 21L24 1205/80 -18 5285 CONTROL PILOT 5450 COUPLER UNIVERSAL 5656 BUCKET HD 24" 7.5CU FT 6020 DIPPER EXTENDABLE 6220 HYD REAR AUX 1 WAY FLOW 7035 LDR CPLR 1 LEVER NO AUX W /RC 7660 LDR BKT 1.5CY LONG LIP CPLR 8475 COUNTERWEIGHT 10001-B. 8625 BATTERY SINGLE 9917 RADIO BASIC PACKAGE 9919 SUN VISOR 9965 SEAT AIR SUSPENSION CLOTH Customer Discount BuyBoard Discount Contract 424 -13 ($47,169.54) Customer Discount Customer Loyalty Discount ($27,500.00) Equipment Subtotal: $100,032.46 Balance: $100,032.46 Total Taxable Amount: $100,032.46 Sales Tax Total: $0.00 Sub Total: $100,032.46 Cash with Order. $0.00 Balance Due: $100,032.46 D750117 Page 1 of 1 JOHN DEERE Proposal for. CITY OF DENTON ACCOUNTS PAYABLE 215 E MCKINNEY DENTON, TX, 76201 DENTON (940) 349 -8410 EXHIBIT 2 Investment Proposal (Quote) RDO Equipment Co. 5301 Mark IV Parkway Fort Worth TX, 73131 Phone: (817) 232 -8094 - Fax: (817) 847 -0398 Investment Proposal Date: Pricing Valid Until: Deal Number. Customer Account#: Sales Professional: Phone: Fax Email: Excavator WC15134 Quote 1 2/12/2015 6/30/2015 750266 8410003 Kyle Braswell (817) 566 -1541 (972) 438 -6789 KBraswell@rdoequipment.com Equipment Information Quantity Serial Hours Status / Year / Make / Model Cash Price Number ....... ..... ...._ (approx. Additionalltems _m...µ Items....­­­-, _�....m.. _ I TBD 0 New 2015 JOHN DEERE 300GLC $261,024.89 OA20FF 300GLC EXCAVATOR BASE 1095 ENGINE TIER FT4 1600 CUSTOMER DELIVERY PACKET 1700 JDLINK ULTIMATE 3325 SHOES 700M 28" HD TRIPLE BAR 4125 SEAT- STANDARD MECHANICAL 6835 BOOM 1 PC W /ARM CYL 7160 ARM 3.1 N 10'2" W /CYL 270DL 7490 AFL 3.1 M ARM AUX 7901 LESS GRADE REFERENCE 8420 BUCKET, 36" HD /HIGH CAPACITY 9115 REVERSE FAN DRIVE 9500 TWO -WAY MECH PATTERN CHANGER 1 TBD 0 New 2015 TAG MANUFACTURING HT230 $10,296.95 HT230 Main Pin Hydraulic Thumb 1 TBD 0 New 2015 TAG MANUFACTURING 48230R $5,868.75 48230R 48" Rake with 20" tines 5 1 TBD 0 New 2015 TAG MANUFACTURING 48" bucket $4,854.17 300hd48 48" Bucket # TBD 0 New 2015 JRB 290CPLR $8,577.28 55mpgh Smartlock Coupler Equipment Subtotal: $290,622.04 Purchase Order er Totel Balance: $290,622.04 Total Taxable Amount: $290,622.04 Sales Tax Total: $0.00 Sub Total: $290,622.04 Cash with Order $0.00 Balance Due: $290,622.04 D750266 Pagel of 1 JOHN DEERE Proposal for. CITY OF DENTON ACCOUNTS PAYABLE 215 E MCKINNEY DENTON, TX, 76201 DENTON (940) 349 -8410 EXHIBIT 2 Investment Proposal (Quote) RDO Equipment Co. 5301 Mark IV Parkway Fort Worth TX, 73131 Phone: (817) 232 -8094 - Fax: (817) 847 -0398 Investment Proposal Date: Pricing Valid Until: Deal Number Customer Account#: Sales Professional: Phone: Fax Email: Compact Excavator WC15138 Quote 1 2/12/2015 6/30/2015 750229 8410003 Kyle Braswell (817) 566 -1541 (972) 438 -6789 KBraswell@rdoequipment.com Equlpmo6t InfoM'mabon $79,424.99 Total Taxable Amount: $79,424.99 Quantity Serial Hours Status / Year / Make / Model Cash Price Number - -- apt rq� ) Additional Items $79,424.99 1 TBD 0 New 2015 JOHN DEERE 50G $58,972.94 0060FF 50G COMPACT EXCAVATOR 3125 400MM RUBBER TRACK 4150 SUSPENSION SEAT - CLOTH 7110 4'6" (1.38M) STANDARD ARM 8185 CAB WITH HEATER & AIR CONDIT 1 TBD 0 New 2015 JRB 50CPLR $2,252.63 50pin graber 50G top 410K Bottom Coupler N TBD 0 New 2015 JOHN DEERE 310SK12 $721.16 AT437338 BUCKET, 12" HD 3.3 CU FT ,I TBD 0 New 2015 JOHN DEERE 310SK24 $1,155.63 AT437344 BUCKET, 24" HD 8.8 CU FT 1 TBD 0 New 2015 TAG MANUFACTURING 50gt $2,121.05 thumb 50G Hydraulic Thumb 50G 1 TBD 0 New 2015 OKADA AMERICA OAC200 $4,478.95 OAC200 Okada Plate compactor I TBD 0 New 2015 OKADA AMERICA ORV1000 $9,722.63 ORV1000 Okada Hammer Equipment Subtotal: $79,424.99 "" a M WO :, ,�.. . Balance: $79,424.99 Total Taxable Amount: $79,424.99 Sales Tax Total: $0.00 Sub Total: $79,424.99 Cash with Order $0.00 Balance Due: $79,424.99 D750229 Page 1 of 1 Roller EXHIBIT 2 WC15137 Quote 1 Investment Proposal (Quote) JOHN DEERE RDO Equipment Co. 5301 Mark IV Parkway Fort Worth TX, 73131 Phone: (817) 232 -8094 - Fax: (817) 847 -0398 Proposal for. $34,525.40 Investment Proposal Date: 3/13/2015 CITY OF DENTON $0.00 Pricing Valid Until: 6/30/2015 ACCOUNTS PAYABLE $0.00 Deal Number 760160 215 E MCKINNEY CustomerA000unt#: 8410003 DENTON, TX, 76201 Sales Professional: Kyle Braswell DENTON Phone: (817) 566 -1541 (940) 349 -8410 Fax: (972) 438 -6789 Email: KBraswell @rdoequipment.com ,Equipment irrif rrrtptlerl Quantity Serial Hours Status / Year / Make / Model Cash Prloe Number a rox. Additional Items �P��. _ .m,_..m...,,,,,__ ................ ..... ... _......._........ TBD 0 New 2015 SAKAI SW320 $34,525.40 SW320 SW320 47' Double Drum Roller Purchase Order Total Equipment Subtotal: $34,525.40 Balanoe: $34,525.40 Total Taxable Amount: $34,525.40 Sales Tax Total: $0.00 Sub Total: $34,525.40 Cash with Order. $0.00 Balance Due: $34,525.40 D760160 Page 1 of 1 Backhoe EXHIBIT 2 WC15128 No Bid From: Sol Gieser To: Rosendahl. Charles Cc: Kader. Terry; James McDonnell Subject: Equipment= Large Excavator Date: Friday, April 10, 2015 2:59:14 PM Attachments: CiLy Of Denton Komatsu PC 290LC -11. Proposal 1. 041015.doc Hello Gents, Attached is the final proposal for the Large Excavator requirement. Kirby -Smith Machinery will not be bidding the Backhoe. All the attachments that we did bid on the Utility (smaller) excavator 'WILL" fit any brand of backhoe the City of Denton decides to purchase. This is a guarantee. Thanks again for your consideration and patience. Therapy can make a man a whimp. Please have a great weekend. Regards, Sol Gieser Texas- Governmental Sales Manager KIRBY -SMITH MACHINERY INC 8505 S. Central Expressway Dallas, Texas 75241 sgieser,V;kirby- smith.com 214 - 371 -7777 Office 214 - 375 -7903 Fax 817 - 475 -6544 Cell www.kirby- smith.com EXHIBIT 2 Excavator WC15134 Quote 2 April 10, 2015 Mr. Charles Rosendahl City Of Denton 901 B Texas Street Denton, TX 76209 Dear Charles: We are pleased to quote the following for your consideration: (1) Komatsu Excavator- Model: PC 290 -LC -11 Unit# S/N Factory Order. Price: $301,280.00 The following factory and dealer options are included: * All standard factory equipment, * 31.5 " Triple grouser, * HD Boom assembly with aux. hydraulic piping, * HD Arm assembly with aux. Hydraulics piping * Auxiliary hydraulics, * Quick coupler, * Quick coupler hyd. kit, * 36" HD bucket * 48" HD Bucket * HD grapple -3 x 2 * Komatsu Care- Free scheduled factory maintenance for the first 3 years/ 2,000 hours; * Komatsu KOMTRAX- Free staellite wireless maintenance monitoring system * To be purchased through BuyBoard Cooperative/ Final Contract papers will follow. Price Complete, Delivered: $301,280.00 We believe the equipment as quoted will exceed your expectations. On behalf of Kirby -Smith Machinery, Inc., thank you for the opportunity to quote Komatsu machinery. Sincerely, Sol Gieser Texas - Governmental Sales Manager Compact Excavator EXHIBIT 2 WC1513 8 Quote 2 April 10, 2015 Mr. Charles Rosendahl City Of Denton 901 B Texas Street Denton, TX 76209 Dear Charles: We are pleased to quote the following for your consideration: (1) Komastu Utility Excavator- Model: PC 45 Unit# N.I.S., S/N Factory Order. Price: $83,450.00 The following factory and dealer options are included: * HD boom assembly, * HD arm assembly, * Enclosed cab with AC and Heater, * HD dozer blade assembly, * Boom offset capability, * 12" HD Bucket with teeth * 24" HD Bucket with teeth * HD Coupler assembly * Hydraulic thumb * HD Class Hammer attachment * Vibratory plate compactor To be purchased through BuyBoard Cooperative. Detailed proposal will follow. Price Complete, Delivered: $83,450.00 We believe the equipment as quoted will exceed your expectations. On behalf of Kirby -Smith Machinery, Inc., thank you for the opportunity to quote Komatsu machinery. Sincerely, Sol Gieser Texas - Governmental Sales Manager EXHIBIT 2 April 10, 2015 Mr. Charles Rosendahl City Of Denton 901 B Texas Street Denton, TX 76209 Dear Charles: We are pleased to quote the following for your consideration:. Roller WC15137 Quote 2 (1) Hamm Asphalt Roller- Model: HD 12 VV Unit# N.I.S., S/N Factory Order. Price: $40,200.00 The following factory and dealer options are included: • All standard factory equipment, • Meets and excedes all requirements, • Please be sure to review the specification sheet, • Notice the amount of centrifugal force, • Notice the even balance between front and rear drum axles, • Notice the 2" offset capability, To be purchased through BuyBoard Cooperative. Detailed BuyBoard form will follow. Price Complete, Delivered: $40,200.00 We believe the equipment as quoted will exceed your expectations. On behalf of Kirby -Smith Machinery, Inc., thank you for the opportunity to quote productive machinery. Sincerely, Sol Gieser Texas - Governmental Sales Manager Backhoe -Qty of 2 EXHIBIT 2 WC1512 8 Quote 3 WC15113 Quote 149614 -01 0, A, May 15, 2015 CITY OF DENTON FLEET SERVICES 804 TEXAS ST DENTON, TEXAS 76209 -4330 Attention: CHARLIE ROSENDAHL RE: Quote 149614 -01 Thank you for this opportunity to quote Caterpillar products for your business needs. We are pleased to quote the following for your purchase consideration. One (1) New CATERPILLAR INC Model: 430F2 HRC Backhoe Loaders with all standard equipment in addition to the additional specifications listed below: STANDARD EQUIPMENT BOOMS, STICKS AND LINKAGES - 15 & #39; Center pivot excavator style - backhoe - Pilot operated joystick hydraulic - controls with pattern changer valve - Pilot operated stabilizer controls - Boom transport lock - Swing transport lock - Street pads stabilizer shoes - Anti -drift hydraulics - (Boom, Stick and E- Stick) - Cat Cushion Swing(tm) system - Bucket level indicator - Lift cylinder brace - Return -to -dig (auto bucket positioner) - Self- leveling loader with single lever - control - Transmission neutralizer switch - Single Tilt Loader POWERTRAIN - Cat C4.4, 86kW (Net 108 HP /81 kW) - Direct Injection Turbo Charged Engine, - with ACERT technology. - US EPA Tier4 Final Emissions Compliant - with Selective Catalytic Reduction(SCR) - Water separator with service indicator - Thermal starting aid system - Eco mode - A dry -type axial seal air cleaner with - integral precleaner, automatic dust - ejection system &amp; filter condition - indicator- Hydraulically boosted multi -plate wet - disk brake with dual pedals &amp; interlock - Differential lock - Drive -line parking brake - High Ambient Cooling Package - Torque converter - Transmission - -four speed synchro mesh - with power shuttle &amp; neutral safety - switch - Spin -on fuel, engine oil &amp; transmission - oil filters - Outboard planetary rear axles - Open Circuit Breather - HYDRAULICS - Load sensing, variable flow system - with 43 gpm axial piston pump - 6 micron hydraulic filter - O -ring face seal hydraulic fittings - Caterpillar XT -3 hose - Hydraulic oil cooler - Pilot control shutoff switch - PPPC, Flow- sharing hydraulic valves - Hydraulic suction strainer- ELECTRICAL - 12 volt electrical start - 150 ampere alternator - Horn and Backup Alarm - Hazard flashers /turn signals - Halogen head lights (4) - Halogen rear flood lights (4) - Stop and tail lights - Audible system fault alarm - Key start/stop system - 880 CCA maintenance free battery - Battery disconnect switch - External /internal power receptacles(12v) - Diagnostic ports for engine and machine- Electronic Control Modules -Remote jump start connector - OPERATOR ENVIRONMENT - Lighted gauge group - Interior rearview mirror - Rear fenders - ROPS canopy - 2 -inch retractable seat belt - Tilt steering column - Steering knob - Hand and foot throttle - Automatic Engine Speed Control - One Touch Low Idle - Floor mat and Coat Strap - Lockable storage area - Air suspension seat - OTHER STANDARD EQUIPMENT - Hydrostatic power steering - Standard Storage Box - Transport tie -downs - Ground line fill fuel tank with 44 - gallon capacity - Ground line fill diesel exhaust fluid - tank with 5 gallon capacity - Rubber impact strips on radiator guards - Bumper - CD -ROM Parts Manual - Backhoe Safety Manual - Operations and Maintenance Manual - Lockable hood - Tire Valve Stem Protection - Long Life Coolant -30C ( -20F) - Padlocks (2 on ST, 3 on IT) Page 1 of 3 EXHIBIT 2 MACHINE SPECIFICATIONS j430F2JC4E /T4F /PO24 "BKT/ .. (RUST PREVENTATIVE APPLICATOR ;PACK, DOMESTIC TRUCK _e z GSHIPPING/STORAGE PROTECTION LANE 3 ORDER BELT, SEAT, 2" SUSPENSION �...._... _ „r......,m_..._.. _ . ....................,.. ,1111 „_.. _... .._ .. , _ _ _ — __ _.. _ ,_ BUCKET -HD ROCK, 24 ", 7.0 CFT � .. ........... m... ,�...�..., _e.,m, e._ ., .. .,,� ..,. �ti PLATE GROUP - BOOM WEAR BUCKET -GP, 1.5 CYD .. .... ...... .. . .......... .., .. COUNTERWEIGHT, 1015 LBS GUARD, STABILIZER a�. ................ ..m .... W_e. ........ _ _ e TIRES, 4WD, BIAS, FIRESTONE FAN, DELUXE CAB RIDE CONTROL LINES, COMBINED AUX, E -STICK SERVICE FILTER PACK, T4/C4.4 SERIALIZED TECHNICAL MEDIA KIT INSTRUCTIONS, ANSI SEAT, DELUXE FABRIC PRODUCT LINK, CELLULAR, PL6411 (HYDRAULICS, GP, 6FCN /8BNK, ST s., PT, 4WD, STD SHIFT SCAB, DELUXE �AI,R CONDITIONER, T4 STICK, EXTENDABLE, 16FT ENGINE, 86KW, C4.4 ACERT, T4F , _.�.,u, ... ... COUPLING,QD,THREADED WITH CAPS CAPS, QUICK DISCONNECT BATTERY, HEAVY DUTY CUTTING EDGE, TWO PIECE,WIDE e...... _ _.A 11- 1111_111 -- ®-- ----- - ----- - - - -- - - -- ..... _1111 _............. _ ....... , .............. _ ............. .... STABILIZER PADS, FLIP -OVER TOTAL LIST PRICE $ 154,748 _ _... .. BUYBOARD CONTRACT #424 -13 Sell Price $101,115.16 Total $101,115.16 WARRANTY Standard Warranty: 12 Months / Unlimited Hour Total Machine F.O.BITERMS: Fort Worth -Machine Division Accepted by EXHIBIT 2 on Signature Thank you for your interest in Holt CAT and Caterpillar products for your business needs. This quotation is valid for 30 days, after which time we reserve the right to re- quote. If there are any questions, please do not hesitate to contact me. Sincerely, Bryan Nichols Machine Sales Representative Holt CAT Bryan.Nichols@holtcat.com 817.308.6612 Excavator EXHIBIT 2 WC15134 Quote 3 Quote 147809 -01 May 15, 2015 CITY OF DENTON FLEET SERVICES 804 TEXAS ST DENTON, TEXAS 76209 -4330 RE: Quote 147809 -01 Thank you for this opportunity to quote Caterpillar products for your business needs. We are pleased to quote the following for your purchase consideration. One (1) New CATERPILLAR INC Model: 329FL Excavators with all standard equipment in addition to the additional specifications listed below: STOCK NUMBER: HLK023987 SERIAL NUMBER: YEAR: SMU: STANDARD EQUIPMENT POWERTRAIN - Diesel engine C7.1 TT + Urea Tank - -Tier IV Final emission package - - High Power Mode, Standard Power Mode, - Economy Mode - - 3000m (9842ft) altitude capability - with no derate - Glow Plug - Radial seal air filter - Automatic engine speed control - Primary filter with water separator and - Water separator indicator switch - Capability of using Bio- Diesel fuel(B20) - Electrical Priming Pump - Secondary engine shutoff switch UNDERCARRIAGE - Towing eye on baseframe - Grease Lubricated Track ELECTRICAL - 80 Amp alternator - Signaling / Warning horn - Compatible with Electronic Technician - OPERATOR ENVIRONMENT - Cab: - - Pressurized Operator Station - (Positive Filtration) - - Sliding upper door window - (Left Hand Cab Door) - - Glass breaking safety hammer - - Removable lower windshield with incab - storage bracket - - Openable skylight as emergency exit - Operator station: - - Interior lighting - - Coat hook - - Beverage holder - - Utility space for magazine - - Two stereo speakers - - Storage shelf suitable for lunch box - - Adjustable armrest - - Height Adjustable Consoles - ?Joysticks? - - Neutral lever (lock out) for all - controls - - Two Power Outlets, 10 Amp (Total) - Monitor: - Color Liquid Crystal Display, rear view - camera ready - - Warning information, - - Filter / Fluid change information - - Working hour information - - Machine condition, Error code - - Tool mode setting information - - Start up level check for hydraulic - oil, engine oil and engine coolant - - Capability of time clock on monitor - battery - Pedal: - - Travel control pedals with removable - hand levers - - Capability of installing two - additional pedals - OTHER STANDARD EQUIPMENT - 2 Side -by -side cooling system - Swing out ATTAC - 1 x 4 micron main filter, 1 x 10 micron - primary filter, and 1 x 75 micron - screen - Electric regeneration circuit for boom - and stick - Two speed travel - Lockable external tool / storage box - Caterpillar one key security system - Door locks and cap locks - for fuel and hydraulic tanks - ISO 5006 Mirror Package with ISO 2867 - Guard Rail - Capability of installing; - - stackable valves for HP, MP and QC - - additional auxiliary pump &amp; circuit - - boom lowering control device and - stick lowering check valve - - CAT Bio hydraulic oil - Reverse swing damping valve - Automatic swing parking brake - Hydraulic return filter - Pagel of 4 EXHIBIT 2 MACHINE SPECIFICATIONS 32F L HYD EXCAVATOR LANE 3 ORDER REGIONAL PKG, ADSD -N /CANADA ALARM, TRAVEL BELT, SEAT 3" RETRACTABLE AIR CONDITIONER CONTROL,FINE SWING ACCUMULATOR WITH CRN REACH 207" BOOM PKG CYLINDER, BOOM (W /O BLCV) CYLINDER, STICK (W /O SLCV) BOOM, 20'2" REACH BKT CYL /LINKAGE W/ LIFT PKG LINKAGE, BKT -CB2 W /LIFT CYLINDER, BKT (CB2 LINKAGE) JOYSTICK STD STP PKG JOYSTICK, ONE BUTTON VALVE, ANTI DRIFT, BOOM LINES, CYLINDER MAT, FLOOR, RH PEDAL AL.VE, HYDRAULIC, HL ALVE, ANTI DRIFT, STICK PEDAL, STRAIGHT TRAVEL LINES, BDRV (STD) LINES, PILOT TRAVEL, STP EXHIBIT COVER, FENDER COVER, UPPER, STANDARD INSTRUCTIONS, ANSI (0UTSIDE) INSTRUCTIONS, ENGLISH INSTRUCTIONS, ANSI (CAB) STORAGE PROTECTION 8UCKET'HD.48'17YD3(:B) TIP, PENETRATION PLUS ROLL ON-ROLL OFF COUPLER, PIN GRABBER CB W/PIN �LtNES-QC, REACH BOOM GRAPPLE, CONTRACTOR IPIN GROUP, (CB LINKAGE) IBRACKET, STICK PLATE GP-WEAR TAIL LIST PRICE $407,569 BUYBOARD CONTRACT #424-13 F.O.B/TERMS: Fort Worth - Machine Division Accepted try. EXHIBIT 2 on Signature Thank you for your interest in Holt CAT and Caterpillar products for your business needs. This quotation is valid for 30 days, after which time we reserve the right to re- quote. If there are any questions, please do not hesitate to contact me. Sincerely, Bryan Nichols Machine Sales Representative Holt CAT Bryan.Nichols@holtcat.com 817.308.6612 Compact Excavator EXHIBIT 2 WC1513 8 Quote 3 Quote 148946 -01 czally May 15, 2015 CITY OF DENTON FLEET SERVICES 804 TEXAS ST DENTON, TEXAS 76209 -4330 Attention: CHARLIE ROSENDAHL RE: Quote 148946 -01 Thank you for this opportunity to quote Caterpillar products for your business needs. We are pleased to quote the following for your purchase consideration. One (1) New CATERPILLAR INC Model: 305.5E2 Compact Construction Equipment with all standard equipment in addition to the additional specifications listed below: STANDARD EQUIPMENT POWERTRAIN - Cat C2.4 Diesel Engine - U.S. EPA Tier 4 Interim - ISO 9249/EEC 80/1269 - and EU Stage IIIB - Rated Net Power 32.9kW/ 44.1 hp - Automatic Engine Idle - Automatic Swing Park Brake - Automatic Two Speed Travel - Fuel and Water Separator - ELECTRICAL - 12 Volt Electrical System - 60 Ampere Alternator - 650 CCA Maintenance Free Battery - Fuse Box - Ignition Key Start / Stop Switch - Slow Blow Fuse - Warning Horn - OPERATOR ENVIRONMENT - 100% Pilot Control Ergonomic Joysticks - Adjustable Arm Rests - Anti -theft System - COMPASS: Complete, Operation, - Maintenance Performance and - Security System - - Multiple Languages - Cup Holder - Digital liquid crystal monitor - Hydraulic Neutral Lockout System - Literature Holder - Mirror, Cab Left - Travel control pedals with hand levers - Washable floor mat OTHER STANDARD EQUIPMENT - Radio Ready - Tip Over Protective Structure (TOPS) - (ISO 12117) - Top Guard - ISO 10262 (Level 1) - 1 -way and 2 -way (combined function) - Auxiliary Hydraulic Lines - Adjustable Auxiliary Hydraulics - Auxiliary Line Quick Disconnects - Caterpillar Corporate & #39; & #39;One Key & #39; & #39; System - Continuous Flow - Door Locks - Dozer Blade with Float Function - Economy Mode - Hydraulic Oil Cooler - Load Sensing Hydraulics - Lockable Fuel Cap - Rear Reflector - Roll Over Protective Structure (ROPS) - (ISO 12117 -2) - Swing Boom - Tie Down Eyes on Track Frame - Tool Storage Area - Towing Eye on Base Frame - Twin Work Lights Page 1 of 3 EXHIBIT 2 MACHINE SPECIFICATIONS 1305.5E2 MHE RUBR BELT TRK DCA3 13977004 305.5E2 HYDRAULIC EXCAVATOR 4155025 CAB, WITH AIR CONDITIONER .... ............. . . . . 13977126 CONTROL, PATTERN CHANGER 3781245 COOLING, HIGH AMBIENT 3977086 LINES, BOOM 3977064 LINES, STICK X4342092 BELT, SEAT, 3" RETRACTABLE '4237870 MIRROR, CAB, RIGHT .._, ®, ... _ .... 4362526 STICK PACKAGE LONG W/O 2ND AUX [ w 4362494 TRACK, RUBBER BELT 3977158 BLADE, 77" POWER ANGLE 36770949 COUNTERWEIGHT, STANDARD -- em, n... 3774519 DRAIN, STANDARD 4194783 ALARM, TRAVEL x4287874 SEAT, FABRIC, HIGH BACK ;4317303 ENGINE GENERAL 4258089 LINES, QUICK COUPLER (LONG) -- . .... LANE 1 ORDER ... — _ �. .......�,. ... ..._ , .. �_.......,, ........ ..... ...... ... . . ._ INSTRUCTIONS, ANSI SERIALIZED TECHNICAL MEDIA KIT (SHIPPING /STORAGE PROTECTION .... �,,. PACK, DSTIC TRUCK DOMESTIC . .................. "1 NUMB /COUPLER HYDRAULIC ....... _, _ ®� _ � .. ........... BUCKET -HD, 12" � ®...... , .. , 2.10 YD3 BUCKET -HD, 24" 4.6 YD3 (PINS, BUCKET 45MM FILM, QUICK COUPLER, ANSI CVP16 COMPACTOR PLATE (BRACKET, MOUNTING LINES, CONNECTING IT____° ........ 105 $ ,166 �BUYBOARD CO TRACT #424 -13 Sell Price $77,319.48 Total $77,319.48 F.O.B/TERMS: Fort Worth - Machine Division Accepted by EXHIBIT 2 on Signature Thank you for your interest in Holt CAT and Caterpillar products for your business needs. This quotation is valid for 30 days, after which time we reserve the right to re- quote. If there are any questions, please do not hesitate to contact me. Sincerely, Bryan Nichols Machine Sales Representative Holt CAT Bryan. Nichols @holtcat.com 817.308.6612 Roller EXHIBIT 2 WC15137 Quote 3 Quote 148956 -01 V or May 15, 2015 CITY OF DENTON FLEET SERVICES 804 TEXAS ST DENTON, TEXAS 76209 -4330 Attention: CHARLES ROSENDAHL RE: Quote 148956 -01 Thank you for this opportunity to quote Caterpillar products for your business needs. We are pleased to quote the following for your purchase consideration. One (1) New CATERPILLAR INC Model: CB24B Paving and Compaction with all standard equipment in addition to the additional specifications listed below: STANDARD EQUIPMENT POWERTRAIN - Hydrostatic transmission - Service and parking brakes ELECTRICAL - Engine start switch with auto preheat - Backup alarm and warning horn - 65- ampere alternator - 12 -volt electric starting - Maintenance free 70 AH battery, 880 amp - Light roading and working OPERATOR ENVIRONMENT - Gauges: LCD display with fuel level, - hour meter and engine coolant - temperature - Operator warning system indicators : - Parking brake engaged - Hydraulic oil temperature high - Engine coolant temperature high - Electrical system voltage low - Engine oil pressure low - Vibration activated - Engine preheat - Lockable, vandalism guard for instrument - panel. - Travel control, single lever - Seat with : - Fore and aft adjustment - Draining capability - Retractable seat belt 50.8mm /2inch - 2 platform handrails / 2 guardrails - Steering wheel spinner - 12 -volt power points - DRUMS - Two smooth drums : 1200mm/47.2 inch - wide x 720mm/28.3 inch diameter - Selection of front drum, rear drum or - both drum vibration - Pressurized drum watering system with : - Continuous or intermittent modes - Water tank with low level sensor - OTHER STANDARD EQUIPMENT - Locking engine enclosure - Sight gauge for hyd, tank level - Air restriction indicator - Fuel tank - 4 transport tie -down and 4 lift points - 6 Quick connect hyd. pressure test ports - + 1 SOS port - Caterpillar O -ring face -seals couplings - Product link ready - Page 1 of 2 I W14 11 191yo MACHINE SPECIFICATIONS Sell Price $41,691 Total $41,691 WARRANTY Standard Warranty: F.O.B /TERMS: Fort Worth - Machine Division Accepted by_.._.... 12 Months / Unlimited Hour Total Machine on Signature Thank you for your interest in Holt CAT and Caterpillar products for your business needs. This quotation is valid for 30 days, after which time we reserve the right to re- quote. If there are any questions, please do not hesitate to contact me. Sincerely, Bryan Nichols Machine Sales Representative Holt CAT Bryan. Nichols @holtcat.com 817.308.6612 EXHIBIT 3 DRAFT MINUTES PUBLIC UTILITIES BOARD May 18, 2015 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, May 18, 2015 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901 Texas Street, Denton, Texas. Present: Secretary Randy Robinson, Phil Gallivan, Charles Jackson, Barbara Russell and Lilia Bynum Absent: Chairman Dick Smith and Vice Chair Billy Cheek Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities OPEN MEETING: CONSENT AGENDA: 1. Consider recommending approval of a contract with Knight Erosion Control, Inc., for constructing a gravity retaining wall for the Arco Substation in an amount not to exceed $225,922.80. (RFP 45716) 2. Consider recommending adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of construction equipment for the City of Denton Wastewater Collections Department; and providing an effective date (File 5829- construction equipment awarded to RDO Equipment Company in the amount of $604,637.35). Motion was made to approve item 2 by Board Member Gallivan with the second by Board Member Bynum. The vote was 5 -0 approved. Adjournment: 11:30 a.m. EXHIBIT 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF TWO (2) BACKHOES, ONE (1) EXCAVATOR, ONE (1) COMPACT EXCAVATOR, AND ONE (1) ROLLER FOR THE CITY OF DENTON WASTE WATER COLLECTIONS DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE (FILE 5829- AWARDED TO RDO EQUIPMENT COMPANY IN THE AMOUNT OF $604,637.35). WHEREAS, pursuant to Ordinance 2005 -034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the "File Number" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 5829 RDO Equipment Company $604,637.35 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, EXHIBIT 4 conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5829 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 12015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY a BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -430, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: June 2, 2015 SUBJECT Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with The Cooperative Purchasing Network (TCPN) for the purchase of office furniture for various City of Denton departments; providing for the expenditure of funds therefore; and providing an effective date (File 5817 - awarded to Office Depot in the three (3) year not -to- exceed amount of $500,000). FILE INFORMATION This contract is for the acquisition of office furniture through The Cooperative Purchasing Network's (TCPN) Contract 4R142212 with Office Depot. This will provide a competitively bid furniture source in the three (3) year not -to- exceed amount of $500,000. The pricing for these items is specified in the TCPN contract which offers discounts up to 68% off the manufacturer's list price depending on the category of goods and manufacturer. The majority of the discounts are between 50% -60% off the manufacturer's list price. The Office Depot contract through the TCPN offers a versatile selection of manufacturers, including HON, Global, and Teknion. The City historically purchases HON brand furniture, however this contract will also provide other options to better meet departmental needs. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS) The City Council approved a Cooperative Agreement with TCPN on February 1, 2005 (Ord. 2005 -033). This agreement allows the City of Denton to participate in those contracts for supplies and services that have been competitively bid and awarded by TCPN. Such cooperative procurement arrangements are advantageous to the citizens of Denton and reflect cost savings based upon volume discounts. RECOMMENDATION Award a contract to Office Depot through TCPN in the three (3) year not -to- exceed amount of $500,000. PRINCIPAL PLACE OF BUSINESS Office Depot Lombard, IL City of Denton Page 1 of 2 Printed on 5/28/2015 File M ID 15 -430, Version: 1 ESTIMATED SCHEDULE OF PROJECT This award shall become effective upon Council approval and automatically renew through the TCPN contract expiration date of April 30, 2018. FISCAL INFORMATION Purchase Orders will be issued by individual departments as furniture needs are identified. All purchases are subject to verification of fiscal year budget approval. EXHIBITS Exhibit l: Office Depot Award Letter Exhibit 2: Contract Pricing Exhibit 3: Ordinance Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Elton Brock at 349 -7133. City of Denton Page 2 of 2 Printed on 5/28/2015 EXHIBIT I W1, � he Coloperafive Purchasing Network February 27, 2015 Mr, Joe Siernianowski Vice President, Furniture Office Depot, Inc. 455 Eisenhower Lane outh Re: Award of TCPN Contract # R142212 Per official action taken by the Board • Directors of Region 4. Education Service Center, on February 24, 2015, The Cooperative Purchasing Network (TCPN) is pleased to announce that after approval of the exceptions as agreed upon in the terms and conditions, Office Depot, Inc. has been awarded an annual contract for tile following, based on the sealed proposal (Rli 14-22) submitted on December 10, 2014: Your participation in the proposal process is appreciated and we look forward to a successful partnership. Please feel free to, pirovide copies of this letter to your sales representative(s) • assist in their daily course of business, Sinc erelyq Jason Wickel President I I I I I! III I I I Ill I! I I li I I! 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(Ij cu 0 0 0 c m m 0 4� m m i% m Ob W w u V) > < -D m W to �w m CL m u V) _0 c a .0 m �p l/i 0 C: 0 w t Im cs u LU 0 U- '0 (A as -2 0 U V) E 0 V) .2 u 0 4� u '�= M u 0 0 u a- co Li- U- N H H H W 76 CL M 41 C 0 ■ I Z 0 \ 00 4� c 7: 42 Ol W (A) c: VI x 41 0 E t2 4T E CL M -0 (v E o CL 3:V) 0) -6 V) ai Tu cr .0 kf 4- QJ :3 0 "D 0 Z -C z w u -0 V) .0 u 4-1 CL V) 4-1 E 0 E �Ll 0) m co EXHIBIT 3 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE COOPERATIVE PURCHASING NETWORK (TCPN) FOR THE PURCHASE OF OFFICE FURNITURE FOR VARIOUS CITY OF DENTON DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5817- AWARDED TO OFFICE DEPOT IN THE THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $500,000). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to purchase Office Furniture in a three (3) year not -to- exceed amount of $500,000 from Office Depot under competitive bids received by The Cooperative Purchasing Network in accordance with a Cooperative Purchasing Program Participation Agreement under Section 271.102 of the Local Government Code which is on file in the office of the Purchasing Agent. SECTION 2. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5817 to the City Manager of the City of Denton, Texas, or his designee. SECTION 3. The City Manager, or his designee, is authorized to expend funds pursuant to the agreement for the purchase of various goods and services. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY _ M BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -432, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: June 2, 2015 SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for construction of the Arco Substation Gravity Retaining Wall; providing for the expenditure of funds therefor; and providing an effective date (RFP 5716- awarded to Knight Erosion Control, Inc., in the not -to- exceed amount of $225,922.80). The Public Utilities Board recommends approval (5 -0). RFP INFORMATION The Arco Substation is an approved Capital Improvement Plan project (location shown in Exhibit 1) that will supply electric power to the northeastern areas of the Denton Municipal Electric service territory as well as serve as a transmission switch station. The new substation will replace the existing substation when completed. The new station will accommodate three (3) existing 138kV transmission lines and one (1) new 138kV Oncor transmission line. Its construction is necessary to support growth and reliability. The new station is being constructed on ten (10) acres north of the existing station. The proximity of the site allows for minimal transmission and distribution construction to connect existing circuits. In order for the site to be graded appropriately for substation construction, two retaining walls must be constructed. A gravity retaining wall system was determined to be the most cost efficient solution for the site. A gravity retaining wall system uses preformed components that are assembled on site to form a retaining wall. The weight of the system components along with the systems interlocking features provides the required force to hold back the retained soil. Requests for Proposals were sent to 978 prospective suppliers. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Five (5) proposals meeting specifications were received. The proposals were evaluated based upon published criteria including delivery timeframe, compliance with specifications, indicators of probable performance, and price. The two highest ranked proposers, Superior Concrete and Knight Erosion Control, Inc., were given an opportunity to provide a "Best and Final Offer." The BAFO process resulted in Knight Erosion Control, Inc. reducing their overall proposal by $6,502.20, and also reducing their project delivery time frame from 40 days to 35 days. Superior Concrete's five (5) month project delivery time frame, reference checks, and experience resulted in a reduction in their points for Project Schedule and Probable Performance. Therefore, although price is an important evaluation factor, it was determined that Knight Erosion's project delivery timeframe, direct substation experience, and detailed work history, provides the best value for the City of Denton. City of Denton Page 1 of 2 Printed on 5/28/2015 File #: ID 15 -432, Version: 1 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 18, 2015, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Approve a contract with Knight Erosion Control, Inc. for the construction of the Arco Substation retaining wall in the not -to- exceed amount of $225,922.80. PRINCIPAL PLACE OF BUSINESS Knight Erosion Control, Inc. Arlington, TX ESTIMATED SCHEDULE OF PROJECT Construction of the retaining wall is estimated to be substantially completed within 35 working days of notice to proceed. FISCAL INFORMATION This project will be funded from the Electric Capital Project Fund account 603268500.1350.3530. Requisition 4124240 has been entered in the Purchasing software system. EXHIBITS Exhibit l: Project Map Exhibit 2: Evaluation/Best and Final Offer Exhibit 3: Public Utilities Board Draft Minutes Exhibit 4: Ordinance Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Chris Lutrick at 349 -7152. City of Denton Page 2 of 2 Printed on 5/28/2015 (0 CN P92 O O O Con 0 (D ❑ > > 00 0) EP V Cl) raj CY) Cl) u u J. 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Ef3 Ef3 Ef3 Ef3 Ef3 6R o 00 M O Q Q .a v� rn •� x x x x x x O '- vi v 'v a A C N T t0 T N bb bil irM v��= o o v o a3 o °• °- N ,..i ° m Z m .� a 4i` o, m o [� ¢` a O * c ai Q m c c v o c c o C"1 C w m o_ v 3 Z 3 Z 3° a N m v W o o c c w X W ° H i 0 '0 0 a o �i CA ° ai p, Q ;G .� o. o. o .-. o° o°° E o v C a w a` w a - m Y o o - v- u L° m Q' >, L° ❑ o o N E- o EXHIBIT 3 DRAFT MINUTES PUBLIC UTILITIES BOARD May 18, 2015 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, May 18, 2015 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901 Texas Street, Denton, Texas. Present: Secretary Randy Robinson, Phil Gallivan, Charles Jackson, Barbara Russell and Lilia Bynum Absent: Chairman Dick Smith and Vice Chair Billy Cheek Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities OPEN MEETING: CONSENT AGENDA: 1. Consider recommending approval of a contract with Knight Erosion Control, Inc., for constructing a gravity retaining wall for the Arco Substation in an amount not to exceed $225,922.80. (RFP 45716) Motion was made to approve item 1 by Board Member Gallivan with the second by Board Member Bynum. The vote was 5 -0 approved. Adjournment: 11:30 a.m. EXHIBIT 4 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE ARCO SUBSTATION GRAVITY RETAINING WALL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5716- AWARDED TO KNIGHT EROSION CONTROL, INC., IN THE NOT -TO- EXCEED AMOUNT OF $225,922.80). WHEREAS, the City has solicited, received and tabulated competitive proposals for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described proposal is the highest scored proposal for the construction of the public works or improvements described in the Request for Proposal (RFP) document and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive proposal for the construction of public works or improvements, as described in the "Request for Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the RFP number assigned hereto, are hereby accepted and approved: RFP NUMBER CONTRACTOR AMOUNT 5716 Knight Erosion Control, Inc. $225,922.80 SECTION 2. The acceptance and approval of the above competitive proposals shall not constitute a contract between the City and the person submitting the proposal for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Proposers including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the proposals accepted and approved herein, provided that such contracts are made in accordance with the Notice to Proposers and Request for Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. EXHIBIT 4 SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 5716 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive proposals and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved proposals and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY _ A BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO File #: ID 15 -436, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Consider approval of the minutes of March 2, March 3, March 24, April 6, April 7 and April 14, 2015. City of Denton Page 1 of 1 Printed on 5/28/2015 CITY OF DENTON CITY COUNCIL MINUTES March 2, 2015 After convening in Open Session at 11:30 a.m. the City Council convened in a Closed Meeting on Monday, March 2, 2015 in the Council Work Session Room. PRESENT: Mayor Pro Tem Engelbrecht, Council Member Hawkins, Council Member Johnson, Council Member Roden, Council Member Ryan, and Mayor Watts. ABSENT: Council Member Gregory 1. Closed Meeting: A. Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the City Attorney, Municipal Court Judge, and City Manager. The Council reconvened in Open Session and with no further business, the meeting was adjourned at 3:00 p.m. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 3, 2015 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 3, 2015 at 1:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tern Engelbrecht, Council Member Gregory, Council Member Hawkins, Council Member Johnson, Council Member Roden, Council Member Ryan, and Mayor Watts. ABSENT: None. 1. Citizen Comments on Consent Agenda Items There were no citizen comment cards submitted. 2. Requests for clarification of agenda items listed on the agenda for March 3, 2015. Council Member Roden asked about Consent Agenda Item GG. He questioned how a determination was made in the legislative session on what to highlight using a resolution and what did not get a resolution. Mayor Watts stated that he had requested the resolution at the request of the consultants in Austin. John Cabrales, Assistant City Manager, stated that the City's legislative program contained many different issues. That program presented the guidelines for issues that were priorities. Within those guidelines were key issues including local control and the bill in question. The bill would erode local control thus the consultants requested the proposed resolution. Council Member Roden felt that the item should be pulled from the Consent Agenda to highlight it. He questioned the resolution with Consent Agenda Item FF in terms of the boundary line going through Denton. Cindy Jackson, Historic Preservation Officer, stated that the map was difficult to read but was definitely in Denton County. Council Member Roden asked if there was any controversy surrounding this proposal. Jackson stated that it was a very positive issue. The Historic Landmark Commission had recommended alternative Route B as did Denton County. Council Member Johnson asked that Item I on the Consent Agenda regarding the LEEP Program be pulled for separate consideration. In regards to Item S on the Consent Agenda for the noise variance for University construction, he would like staff to think about this major project similar to Hickory Street. Businesses were receiving code violations for banners they put up to help customers find their business during the construction. He felt during times when businesses were adversely affected due to road construction, variances for banners or wind devices should be allowed to help citizens know the businesses were still open. City of Denton City Council Minutes March 3, 2015 Page 2 Mayor Pro Tem Engelbrecht noted that Consent Agenda Item S did not mention a limit on the noise level. Emerson Vorel, Director of Parks and Recreation, stated that there was no maximum required and no recommendation by staff. Mayor Pro Tem Engelbrecht requested that the item be pulled for separate consideration to add a limit on the noise level. Council Member Roden noted that the item was more of a time of day request rather than a dB reading. Mayor Watts stated that Items I, S and GG would be pulled for separate consideration. City Attorney Burgess stated that Council had individual non - annexation agreement packets associated with each of the items. A motion should include the additional non - annexation agreements. 3. Work Session Reports Mayor Watts indicated that Item D on the Work Session would be considered first. D. ID 15 -189 Receive a report, hold a discussion, and give staff direction regarding the FY 2013- 14 Comprehensive Annual Financial Report and annual audit. Chuck Springer, Director of Finance, presented the results of the report which contained positive results of the audit and no management comments indicating concerns with internal controls over the finances of the City. The unassigned balance in the General Fund went up slightly and ended strongly. Sara Weager, representing the outside auditing firm Dempsey, stated that the audit was a favorable audit with an unmodified opinion and no material weaknesses on the Internal Control report. There was also an unmodified opinion on the federal programs. A. SI15 -0002 Receive a report; hold a discussion and give staff direction on Planning and Development projects and priorities. Brian Lockley, Director of Planning and Development, stated that this was the third presentation in a series of presentations regarding activities in the Planning Department. This presentation would deal with development projects and priorities. The discussion would center on Planning and Development Programs and Services, core functions and operations, project prioritization goals, project prioritization criteria, recommendations on projects and program priorities. Core functions and operations of the different divisions were reviewed in terms of Development Services for the Planning Division; the Building Inspections Division; and Gas Well Inspections. Core functions and operations for Neighborhood Services included Community Improvement Services, Community Development, and the Neighborhood Planning Section. City of Denton City Council Minutes March 3, 2015 Page 3 City Council Committees and Boards and Commissions typically initiated projects for the Planning Division. Project Prioritization Goals helped ensure proper allocation of resources, maintain and improve service delivery to external and internal customers, achieve the goals of the Council and City Manager, establish a consensus on the priority of projects underway and present the breadth and depth of projects and Council's expectations for completion. The projects were prioritized by (1) projects that had made considerable progress towards completion, (2) projects that were committed to the Denton community, (3) projects that were funded, and (4) projects that had influence on other aspects of the organization. Planning Division, Building Inspections Division, Gas Well Inspections, Community Improvement Services, Community Development, Neighborhood Planning, Development Services projects were reviewed. Staff was requesting Council direction on projects and priorities for Development Services in the Planning Division, Building Inspections Division, Gas Well Inspection Division, as well as projects and priorities for Neighborhood Services in terms of Community Improvement Services, Community Development Services and Neighborhood Planning. Council Member Johnson stated that in terms of neighborhood services, applications from the community were up drastically. He questioned who decided which requests to work on from boards and commission and directives from Council; who decided whether or not staff could do various projects. Lockley stated that they did not have the resources to do everything. Several boards were working on various projects and were given a time frame when Planning could work on an item. Johnson stated that in his opinion, staff should say to Council that given everything they had to do, they couldn't do something right now. He felt there should be a mechanism based on goals and directions from Council that staff should be able to say to a board /commission that they could not take that on. Lockley stated that one of the goals of the presentation was to get Council direction on how to address the various situations from boards and commissions. Council Member Johnson suggested Building Inspections consider a goal that would take into consideration different tracts for small and large developments. Given the volume of inspection and permit applications, he felt a goal was needed to look at processes from a customer's point of view and to use more technology to be able to complete inspections. Council Member Roden suggested thinking about individual council member requests and to meet more with boards and commissions to find out what was important to their respective committee. Council Member Gregory stated that if individual council members were creating extra reports and assignments, a procedure might be needed that the report or assignment would only be done if a majority of the Council was interested in that project. A report to Council could also be prepared from various Boards and Commissions to determine if Council wanted a project or report done. City of Denton City Council Minutes March 3, 2015 Page 4 Lockley continued with a review of the staff recommended projects and priorities for 2015. Council discussed Building Inspections projects concerning food trucks in terms of Denton collecting sales tax from their sales, personal property tax and who inspected that it was being done. Council Member Johnson suggested breaking the projects and priorities into smaller groups to get the tasks done rather than a larger group of projects. Create a list that could really get done or pull people out of daily tasks in order to get the projects completed Council reviewed what projects were on the list and what projects were left off. Staff would prepare an Informal Staff Report with what was on and off the lists which would be presented at a future meeting. B. SI15 -0001a Receive a report; hold a discussion, and give staff direction regarding proposed criteria for Tree Fund Expenditures and initial tree planting projects. Brian Lockley, Director of Planning and Development, stated this was a follow -up discussion to respond to Council questions. Staff was seeking direction on moving forward on various projects and amendments to the tree fund criteria. Haywood Morgan, Urban Forester, stated that staff was requesting City Council direction on (1) proposed tree fund criteria, (2) five proposed expenditure projects, (3) additional funding authorization for Arbor Day celebrations, and educational material, (4) fall tree planting, and (5) approximate total amount of tree fund expenditures. Tree Fund Expenditure Criteria — the proposed criteria included biannual distribution of existing and future tree fund dollars in percentages in terms of tree planting and maintenance, purchase of wooded property to preserve, city -wide tree inventory, education of citizens and developers, special considerations by permitted uses including performing and maintaining a city -wide tree inventory to identify hazardous trees, assist in city -wide planning for future insect and disease management, inventory activities that improve maintenance efficiencies and thoroughness of tree work on city properties. Council Member Johnson stated that performing inventories was helpful but he was concerned about hiring an outside company to do the work. Morgan stated that it might be possible to have the inventories done in conjunction with UNT students. Council Member Johnson stated that the purpose of the tree mitigation fund was to replant trees or for education. He was concerned that there was a fund growing like crazy and the tendency was to use the funds for such items as studies but not for tree planting. He wanted to keep it to planting trees. If an inventory was done, the dollars should not come from this fund. Council Member Roden stated that there was a difference between preservation and maintenance such as city liability. He was sure the City was already doing that but was not in favor of moving City of Denton City Council Minutes March 3, 2015 Page 5 it to take out of the tree fund. He was also concerned about the percentages which could be affected by how much was used each year. He suggested a cap on some of the percentages so as to not spend too much in certain areas. Mayor Watts questioned that if the fund was to plant trees that had been removed, why was a city -wide inventory in there as well as education of citizens and developers. Those categories of funding needed to be capped at a nominal amount. He questioned if the fund was for a tree awareness environment or just to plant trees and suggested that it might be necessary to revisit the goals of the fund to make sure they were still relevant. Council Member Ryan stated that he did not have a problem spending money on a stand of trees but felt it was important to look at what types of trees were in the stand. He felt it was necessary to watch the percentages to make sure they met the needs. Council Member Johnson stated that he did not like percentages and felt that funds should be taken out only to purchase trees, purchase wooded property and only a small percentage for education. The purpose of the fund was not to educate people and developers and not to do a tree inventory. Other functions such as inventory or maintenance should not be coming out of the fund. It was for buying and planting trees. Mayor Pro Tem Engelbrecht stated that he did not have a problem with a cap on education. In older neighborhoods where there were mature trees, there was the need to trim and manage the trees with little understanding on how to do the process. Education through a neighborhood area on how to manage the trimming of trees would be important in that instance. Council Member Gregory questioned the maintenance as to whether it was removing stakes and not irrigating when it was no longer needed. Morgan stated that a statement could be added that the maintenance would cover new tree maintenance. Morgan reviewed the proposed planting projects for Carl Young Park, North Pointe Park, North Lakes East, North Lakes West and South Lakes Park. The projected cost of the plantings was $394,078. Staff was suggesting that Carl Young and North Pointe Parks be done first and the others be done in fall plantings. Council discussed manual versus automated watering costs and costs per tree. Mayor Pro Tem Engelbrecht suggested studying different sizes of trees when planting as it might be better to consider two inch trees instead of three inch trees. He also suggested looking at places where trees could be moved from rather than being destroyed. Morgan stated that the fifth expenditure for fall planting projects was still to be determined but also expanded Denton's Arbor Day events to purchase educational materials as needed. Educational materials would include growth award road sign, educational materials, on- campus Arbor Day plantings, Quakertown Park commemorative tree planting with a total estimated cost for 2014 -15 at $10,066. City of Denton City Council Minutes March 3, 2015 Page 6 Lockley stated that staff was looking for Council direction on the tree fund expenditure criteria and the related assigned percentages. He had heard that Council would like to leave the amounts open and not assign a percentage. Council Member Johnson stated that he would recommend no percentages. Other than specific maintenance to the planting of a tree and education specific to growing the tree canopy no percentages would be used. Staff would use their expertise on when to plant, the types of trees to plant and get the trees planted. Mayor Watts suggested using 95% for tree planting or purchase and 5% for education with staff using their expertise to do that. Council Member Gregory stated that there would be no money for a future canopy survey. Council Member Johnson stated that the funding would have to come out of another fund. Council Member Gregory was in favor of proceeding with the staff recommendation and to have a report next year to see if modifications were needed. Council Member Ryan suggested a minimum of 95% of the funds on tree plantings and buying of tree stands. Council Member Johnson was agreeable with that recommendation. Council Member Hawkins was in favor of that option. If KDB requested money for their project, Council could entertain that request. Council Member Roden questioned if staff would be coming back every time there were expenditures for the fund. Lockley stated that this proposal would set policy but staff was moving forward to get through the spring and fall plantings and then come back with an update on how the fund was being spent. Council Member Roden stated that he would like a plan to get the plantings in the hands of private citizens. Mayor Watts stated that the direction from Council was that at least 95% of the fund would go to planting trees and or buying tree land and the rest would be for education. A report was requested from KDB on what part would be 95% and what part 5% projects. Council was in favor of the five projects. Council Member Johnson recommended spending a minimum of 50% of what came in the fund from the prior year. If there was going to be a fund, spend it on trees. Consensus of the Council was to see how the fund was spent over the next year before agreeing to implement Council Member Johnson's recommendation. Council was in favor of the Arbor City of Denton City Council Minutes March 3, 2015 Page 7 Day additional funding and to have staff look at amendments to the DDC to allow planting on private property. C. SI15 -0009 Receive a report, hold a discussion and give staff direction regarding recommended revisions to Chapter 33 (Signs and Advertising Devices) of the Denton Code of Ordinances to define and regulate political signs, consistent with the limitations imposed by Texas Local Government Code §216.903, and Texas Election Code §61.003 and §85.036. Lancine Bentley, Community Services Manager, stated that the revisions to the sign ordinance dealt with provisions for political signs. The current ordinance did not have a definition for political signs or limitations. She reviewed the background on state law and the current city regulations in terms of private property and polling places. The ordinance would codify what the state law already allowed. Consensus of the Council was to proceed with drafting an ordinance. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 4:11 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 15 -186 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071 Discuss, deliberate, and receive further information regarding the purchase of certain real property interest located in and around the Township II area, and generally south and west of Colorado Blvd., south of Foxhollow, north and east of Angelina Bend Dr. and west of Valley Creek Rd. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Township II Park Property Acquisition Project [Greenbelt Tracts 1,2,4] & [ID 15 -187 Denton 68 Joint Venture]) This item was not considered. B. ID 15 -146 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from the City's attorneys pertaining to the legal consequences of negotiation and extensions of non - annexation agreements in areas of the City's extraterritorial jurisdiction, and provide the City's attorneys with direction, where a public discussion of these legal matters would conflict with the duty City of Denton City Council Minutes March 3, 2015 Page 8 of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative or legal proceedings. C. ID 15 -210 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests generally located in the G. Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas, for the construction, expansion and use of electric power transmission lines. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests in the area described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation.(Pockrus /Teasley TM line)[ID-15- 209] D. ID 15 -196 Deliberations regarding Consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Receive a report and hold a discussion regarding legal and economic development issues regarding a proposed economic development incentive agreement for Business Air (BAM Denton Management Ventures, LLC). This discussion shall include commercial and financial information the City Council has received from Business Air which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. E. ID 15 -197 Deliberations regarding Consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Receive a report and hold a discussion regarding legal and economic development issues regarding a proposed economic development incentive agreement for West Gate Business Park (WGBP Investments, LTD). This discussion shall include commercial and financial information the City Council has received from West Gate Business Park which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of City of Denton City Council Minutes March 3, 2015 Page 9 Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. F. ID 15 -192 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice - versa; current and proposed extension to, moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; 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 ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D -1- GN-14- 004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14- 09833 -431 currently pending in the 431st District Court of Denton County 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. This item was discussed after the completion of the regular meeting. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS /PRESENTATIONS A. ID 15 -110 Severe Weather Awareness Week Mayor Watts presented the proclamation for Severe Weather Awareness Week. B. ID 15 -208 Library Larry's Big Day Mayor Watts presented the proclamation for Library Larry's Big Day. City of Denton City Council Minutes March 3, 2015 Page 10 3. CITIZEN REPORTS A. ID 15 -188 Mary Anderson regarding the ability to put hardie board siding on new construction in the Oak - Hickory Street Historic District. Ms. Anderson stated the Historic Landmark Commission had turned down her request to build a garage out of hardie board. The garage could not be seen from the street so it would not be against the historic nature of the area. She had support from a number of neighbors to use the material. Council Member Roden asked Ms. Anderson about the inability to appeal the Historic Landmark Commission decision. Anderson stated that technically she had not been denied the garage but could not use the hardie board. Everything else was approved but not the hardie board. B. ID 15 -207 Pepper Rivers regarding parking permits for home health care and hospice providers at apartment complexes. Ms. Rivers was not present at the meeting. C. ID 15 -214 Pat Smith regarding Denton for Fair Towing. Pat Smith stated that he was a member of a citizen group who were interested in fair towing in Denton. Success in Denton had made parking in some areas very challenging. People were being towed for questionable circumstances and the fees were very high. He reviewed how the fees were supposed to work and how the towing fees actually worked. His concern was that the fees were out of balance with other offences. D. ID 15 -215 Harrison Wicks regarding towing in Denton. Mr. Wicks felt that there needed to be increased equity between tow truck operators and citizens. He reviewed a tow ordinance comparison with area cities. The conclusion of the comparison was that the average towing fee was $104 and nine of eleven cities required tow companies to have a city issued license to operate. His recommendation was to develop a compressive ordinance to cover non - police initiated towing, require all tow companies to have a city issued license, set a reasonable tow fee in the range of $125, require a bill of rights of owners be provided to people when charged for non - consent tow and provide a link on the city website to the TDLR website. Council Member Gregory questioned why some cities had as many as three different towing rates. Wicks stated that was for a distinction for heavier loads for the towers. Council Member Roden questioned what a license would accomplish in terms of policy. City of Denton City Council Minutes March 3, 2015 Page 11 Wicks stated that currently tow operators were not registered in Denton and there were concerns about where they came from and their motive. Council Member Roden asked about sign regulations in other cities. Wicks stated that State law regulated the signs which were another issue in Denton as there were varying types of signs in Denton. Council Member Roden asked about the interplay between towers and apartment owners and if apartment owners hired them to protect their residents. Wicks stated that he had talked with some property owners who felt it was not their issue. Wicks felt it was their issue as there were numerous cases where cars parked in visitor's spots and still got towed. 4. CONSENT AGENDA Mayor Watts indicated that Consent Agenda Items I, S and GG would be pulled for separate consideration. Mayor Pro Tem Engelbrecht motioned, Council Member Roden seconded to adopt the Consent Agenda and accompanying ordinances and resolutions with the exception of Items I, S. and GG. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Approved the noise exception listed below. A. ID 15 -151 Consider a request for an exception to the Noise Ordinance for the purpose of the St. Patrick's on Walnut Street festival. Live music will be played on an outdoor stage located in the 100 -115 block of Walnut Street, for the purpose of a downtown street festival on March 13, 2015. An exception is specifically requested to increase sound levels from 70 to 75 decibels and for an extension for hours from 10 p.m. to 11 p.m. Staff recommends approval. Resolution R2015 -004 B. ID 15 -158 Consider approval of a resolution approving the 2014 Tax Increment Reinvestment Zone Number One (Downtown TIF) Annual Report; and declaring an effective date. The Downtown TIF Board recommends approval 5 -0. Ordinance No. 2015 -050 C. ID 15 -159 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $18,800,000 in principal amount of Certificates of Obligation of the City of Denton for General Government and Solid Waste projects; and providing for an effective date. The Audit/Finance Committee recommends approval (3 -0). City of Denton City Council Minutes March 3, 2015 Page 12 Ordinance No. 2015 -051 D. ID 15 -160 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $80,125,000 in principal amount of Certificates of Obligation of the City of Denton for Waterworks and Sewer System and Electric System projects; and providing for an effective date. The Audit/Finance Committee recommends approval (3 -0). Resolution R2015 -005 E. ID 15 -161 Consider approval of a resolution allowing Chestnut Tree LC., to be allowed to sell alcoholic beverages at St. Patrick's on Walnut, March 13, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Resolution R2015 -006 F. ID 15 -162 Consider approval of a resolution allowing D12- Dentonl, LLC, DBA Lone Star Attitude Burgers, to be allowed to sell alcoholic beverages at St. Patrick's on Walnut, March 13, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Resolution R2015 -007 G. ID 15 -163 Consider approval of a resolution allowing Denton Sweetwater Grill & Tavern, to be allowed to sell alcoholic beverages at St. Patrick's on Walnut, March 13, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Resolution R2015 -008 H. ID 15 -164 Consider approval of a resolution allowing Roosters Roadhouse Inc. dba Roosters, to be the sole participant allowed to sell alcoholic beverages at 35 Denton, March 14 & 15, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Ordinance No. 2015 -053 J. ID 15 -171 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for underground electric and fiber optic utility locating services for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5720- awarded to USIC Locating Services, LLC in the three (3) year not -to- exceed amount of amount of $1,088,775). Ordinance No. 2015 -054 K. ID 15 -172 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for tank painting and repair work at the Lake Lewisville Water Treatment Plant and McKenna Park; providing for the expenditure of funds therefor; and providing an effective date (RFP 5671- awarded to NG Painting, LP in the three (3) year not -to- exceed amount of amount of $2,269,000). City of Denton City Council Minutes March 3, 2015 Page 13 Ordinance No. 2015 -055 L. ID 15 -173 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of a Leica Geosystems robotic total station for the City of Denton Police Department which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5732- awarded to Geomatic Resources in the not -to- exceed amount of $67,865.25). Ordinance No. 2015 -056 M. ID 15 -175 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the mowing of City of Denton parks, medians, right -of -ways, rail trails, and other municipal building areas (Class A,B,C, and Rail Trail); and providing an effective date (RFP 5659- awarded to highest ranked proposer for each item in the three (3) year not -to- exceed amount of $1,000,000). Ordinance No. 2015 -057 N. ID 15 -176 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for trucking services for various City of Denton departments; and providing an effective date (RFP 5739- awarded to Jagoe- Public Company in the three (3) year not -to- exceed amount of $750,000). Ordinance No. 2015 -058 0. ID 15 -177 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of precast concrete pull boxes for Denton Municipal Electric; and providing an effective date (RFP 5747- awarded to Oldcastle Precast, in the three (3) year not -to- exceed amount of $2,000,000). This item was not considered. P. ID 15 -187 Consider adoption of an ordinance of the City of Denton, Texas determining the public use, need, and necessity for the acquisition of fee title to properties described in the attached Exhibit "A" and located in and around the Township II area generally south and west of Colorado Blvd., south of Foxhollow, north and east of Angelina Bend Dr. and west of Valley Creek Rd., for park land; authorizing the City Manager and City Attorney, or their respective designees, to acquire the property including making initial and final offers, authorizing the use of the power of eminent domain to condemn the properties; and authorizing the City Attorney, or her designee, to file eminent domain proceedings, if necessary, and providing an effective date. (Township II Park Property Acquisition project: Greenbelt tracts 1, 2, and 4, Greenbelt North, Street, and West - Denton 68 Joint Venture [ID 15- 186]) Ordinance No. 2015 -059 Q. ID 15 -190 Consider adoption of an ordinance terminating Tax Increment Reinvestment Zone Number Three, City of Denton, Texas ( "Convention Center TIRZ "); authorizing the distribution of tax increment funds of the zone to taxing units City of Denton City Council Minutes March 3, 2015 Page 14 participating in the zone in accordance with the Texas Tax Code; and providing an effective date. Ordinance No. 2015 -060 R. ID 15 -204 Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute "Project Utility Adjustment Agreement (Developer Managed) 35E -U- 0503" form TXDOT- DA- U- 35 -DM -IH 35E; facilitating and authorizing the relocation of water and wastewater utilities for the Interstate Highway 35 project, in substantial conformity with the attached Texas Department of Transportation agreement, with the developer, AGL Constructors, which is a consortium composed of Archer Western Contractors, LLC, Granite Construction Co. and The Lane Construction Company; and the Texas Department of Transportation; authorizing the expenditure of funds therefor; and providing an effective date. Ordinance No. 2015 -061 T. A15 -0001 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non - annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH1 of approximately 315 acres located East of H. Lively Road, South side of FM 2449, West side of John Paine Road; providing for severability and an effective date. Ordinance No. 2015 -062 U. A15 -0002 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non - annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH2 of approximately 258 acres located on the South Side of University Drive, West and East sides of Thomas J. Egan Road, North of Jim Christal Road, West of Masch Branch Road; providing for severability and an effective date. Ordinance No. 2015 -063 V. A15 -0003 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non - annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH3 of approximately 421 acres located on the South side of spring side road, North, South, and West of Corbin Road, West of I -35; providing for severability and providing an effective date. Ordinance No. 2015 -064 W. A15 -0004 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non - annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH -4 of approximately 347 Acres located on the East side of Bonnie Brae Street, City of Denton City Council Minutes March 3, 2015 Page 15 West of Fort Worth Drive, East and West of Vintage Boulevard; providing for severability and providing an effective date. Ordinance No. 2015 -065 X. A15 -0005 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non - annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified in the 2010 annexation as DH -5, said modified agreement being for approximately 219.127 Acres of land located on the East side of Fort Worth Drive, West side of Country Club Drive, North of Brush Creek Road; providing for severability and an effective date. This item was not considered. Y. A15 -0006 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non - annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH -11 of approximately 388 Acres located Southeast of the intersection of Mayhill Road and McKinney Street; providing for severability and an effective date. Ordinance No. 2015 -066 Z. A15 -0007 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non - annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH -14 of approximately 30 Acres located on the South side of Robinson Road, East of Teasley Lane; providing for severability and providing an effective date. Ordinance No. 2015 -067 AA. Al 5-0008 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non - annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA1 of approximately 1.171 Acres located on the South side of Jim Christal Road, the North side of Tom Cole Road, West of Masch Branch Road; providing for severability and an effective date. Ordinance No. 2015 -068 BB. A15 -0009 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non - annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA2 South of approximately 1,472 Acres located on the South Side of FM 1173, North W. University Drive, West of I -35; providing for severability and an effective date. City of Denton City Council Minutes March 3, 2015 Page 16 Ordinance No. 2015 -069 CC. A15 -0010 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non - annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA3 of approximately 1,075 Acres located on the South Side of Ganzer Road, North and South of Barthold Road, North of FM 1173, West of I -35; providing for severability and effective date. Ordinance No. 2015 -070 DD. A15 -0011 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non - annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA4 of approximately 1,555 Acres located on the South side of Milan Road, North of Loop 288, East of I -35; providing for severability and an effective date. Ordinance No. 2015 -071 EE. ID 15 -209 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a Contract of Sale by and between the Joseph and Soraya Fletcher Irrevocable Gift Trust ( "Owner "), and the City of Denton, Texas, as buyer, to acquire a 2.353 acre permanent electric utility easement, a 0.008 acre temporary construction easement, and a 0.122 acre temporary construction easement, all located in the G. Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas, as more particularly described and depicted in the attachments to Exhibit "1" (the ordinance) and located generally east of I -35E and north of Shady Shores Rd. ( "Property Interests "), for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, including substations and switch stations; for the purchase price of Two Hundred Seventy Five Thousand Dollars and 00 /100 dollars ($275,000.00), and other consideration, as set forth in the Contract of Sale, also attached to Exhibit "1" (the ordinance); authorizing the expenditure of funds; and providing an effective date. Resolution R2015 -009 FF. ID 15 -213 Consider approval of a resolution authorizing the submittal of a letter from the City of Denton Historic Landmark Commission to the National Parks Service endorsing Alternative "B" as described in the National Park Service feasibility study on the Chisholm Trail and declaring an effective date. The Historic Landmark Commission voted to authorize the letter with a vote of 7 -0. Ordinance No. 2015 -072 HH. A14 -0002a Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non - annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as Ryan Road of approximately 85 approximately 85.6 Acres of land generally City of Denton City Council Minutes March 3, 2015 Page 17 located on the north and south sides of Ryan Road. Tract 1 is approximately 175 ft east of Andrew Street and adjacent to Ryan Road on the south side and measures approximately 80.9 Acres. Tract 2 is approximately 1,093 ft east of Andrew Street and adjacent to Ryan Road on the north side and measures approximately 4.7 Acres; providing for severability and an effective date. Council considered Consent Agenda Item I. Ordinance No. 2015 -052 ID 15 -170 Consider adoption of an ordinance authorizing the City Manager to enter into an Interlocal Cooperative Purchasing Program Agreement with the University of North Texas Murphy Center for Entrepreneurship for classroom instruction and consulting services for the Leadership Excellence and Enhancement Program (LEEP) under Section 791.001 of the State of Texas Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5743- Interlocal Agreement with the University of North Texas Murphy Center for Entrepreneurship in an amount not -to- exceed $130,147.80 for the three (3) program duration). Bryan Langley, Assistant City Manager, reviewed the agreement with UNT for the LEEP program. This was a formal program for leadership training classroom instruction and consulting services. He reviewed the current projects in the program. Council Member Johnson stated that he asked for this item to be pulled so citizens could hear what kind of professional development the city was involved with. Mayor Pro Tem Engelbrecht motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Council considered Consent Agenda Item S. Approved the noise exception listed below. S. ID 15 -205 Consider a request for an exception to the Noise Ordinance from Jagoe- Public to complete reconstruction of U.S. 380 (University Drive), generally between Bonnie Brae and Elm at various times between the hours of 12:00 a.m. and 8:00 a.m., March 2015 through January 2016. The Texas Department of Transportation regulations allow for work to be completed from Sunday through Friday. Staff recommends approval of the request. Emerson Vorel, Director of Parks and Recreation, stated that this noise exception request was not asking for additional dB levels but to work between 12 p.m. and 8 a.m. in order to load and haul off old concrete. Allowing this work after hours would be best in the interest of public safety and reduce the project to 15 days. Any complaints received from citizens would go through the Police Department for remediation. City of Denton City Council Minutes March 3, 2015 Page 18 Council Member Johnson motioned, Mayor Pro Tem Engelbrecht seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Council considered Consent Agenda Item GG. Resolution R2015 -010 GG.ID 15 -217 Consider adoption of a resolution of the City of Denton, Texas, in opposition to a revenue cap and legislative interference with local services; and providing for an effective date. Lindsey Baker, IGR/PIO, stated she was available for questions from Council. Council Member Roden stated that revenue caps were another way to take away local control. Baker stated that this resolution expressed opposition to revenue caps and was narrowed to oppose SB 182. SB 182 claimed to put money back into taxpayer's pockets but in reality would only save taxpayers $24 per year. One of the city's top priorities which would be affected was Denton's ability to provide core services such as police, fire, etc. Mayor Pro Tem Engelbrecht asked if other cities were also opposing this bill. Baker replied cities and counties throughout the state were opposed to this bill. Council Member Roden motioned, Council Member Gregory seconded to approve the resolution. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. 5. PUBLIC HEARINGS Ordinance No. 2015 -073 A. ID 15 -148 Hold a public hearing and consider adoption of an ordinance of the City Council of the City of Denton prohibiting the use of designated groundwater from beneath the approximately 890 acre area described in Exhibit "A" of said ordinance, City of Denton, Texas, to facilitate certification of a Municipal Setting designation ( "MSD ") of said area by the Texas Commission on Environmental Quality ( "TCEQ "), pursuant to the Texas Solid Waste Disposal Act; and providing for an effective date. Ken Banks, Director of Environmental Services, provided the general description of a municipal setting designation. It was an alternative for addressing shallow groundwater contamination. The MSD set conditions that limited the requirement to remediate the groundwater contamination to drinking water standards. It was applicable where designated groundwater was not currently used for potable water, and would not likely be used in the future. City of Denton City Council Minutes March 3, 2015 Page 19 The area of the MSD was 890 acres and how that area was determined was reviewed. The provisions of how a MSD worked were presented as well as what a MSD did. It designated that the specified groundwater was non - potable and removed the requirement to upgrade it to drinking water standards. A MSD did not affect zoning and had no influence on what type of development could occur on the property. It simply stated that the designated water under the property could not be used for drinking water. Without the MSD, contaminated properties could remain undeveloped with no restrictions on potable water use, no restrictions for exposure to potentially contaminated soils or other environmental sources and no plans for cleanup. The MSD could help facilitate development and associated cleanup by remediating properties to standards that make sense for the site. The notification process to both the property owners and to citizens, the public meetings that were held and the outcome of those public meetings were reviewed. The ordinance was a requirement for the application to the TCEQ. Council Member Roden asked about the boundaries of the MSD and why Bolivar, Stroud and Anna streets were included. Banks stated that one reason was based on historic land uses. The MSD had to be contiguous by the TCEQ standards and could not leave some areas out of the configuration. Staff had tried to avoid residential areas but some had to be included. Council Member Hawkins questioned why the entire city was not included. Banks stated that would be a much longer process and the City could always go back and make new areas. There were some areas that did not need this designation such as residential neighborhoods. The Mayor opened the public hearing. Virgil Strange, 531 N. Locust, Denton, 76201 spoke in favor of the proposal. The Mayor closed the public hearing. Council Member Johnson motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. B. DCA14 -0009d Continue a public hearing and consider adoption of an ordinance amending Subchapters 5, 7, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; amending Ordinance No. 2013 -248, relating to planning and development fees and road damage remediation fees relating to gas well drilling and production activities; adding new Subchapter 22A to the Denton Development Code, relating to Oil and Gas Pipelines, Definitions, Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14- 0009d). City of Denton City Council Minutes March 3, 2015 Page 20 The Planning and Zoning Commission recommends denial (4 -3). A supermajority vote by City Council is required to adopt a motion to approve this ordinance. Mayor Watts stated that the public hearing was open and citizen comments would be taken following Council discussion. Mayor Watts stated that one issue for discussion was where to measure the setback distance from. Council discussed the setbacks in terms of (1) single well sites with no defined recorded site - measure from the well head 250 -300 feet with no future development taking place on that site; (2) co- located sites - recorded site with definite boundaries - measure from the pad site boundary (reverse setback site); (3) new site that currently did not exist (combining district) measure from pad site boundary; (4) if measure from well head, greater distance would be needed for separation; (5) consider a second set of setbacks - one from well head and one from pad site - Legal to review possibilities; (6) don't take away private property owners rights to build home within distance of well site but make sure new property owners recognized the ramifications of living near the site; (7) a recommendation that for a regular site, measure from the well head to the building line 350 feet or from the equipment to the building line 300 feet whichever one was greater, (8) a recommendation for a regular site measured 350 feet from the well head in a circle rather than a square and not include measuring from the equipment; (9) determine the setbacks based on specifics such as health and safety, and (10) set the distances with just cause such as nuisance or health reasons. Preliminary consensus and items for continued discussion included (1) measure 350 feet from the well head for regular sites, (2) measure from the pad site boundary for consolidated, co- location sites or combining districts, (3) mandatory vapor recovery units - TCEQ sets the standard for those, (4) continue discussions on mandatory 24/7 monitoring /daily monitoring, (5) continue discussions on what the City could require for air and water monitoring, (6) discussed procedures and associated fees for production monitoring, (7) water monitoring already had an extensive monitoring system in place (8) reviewed the process involved with hydrator equipment, (9) discussed sound walls and noise level, (9) discussed insurance provisions and (10) discussed compressor stations and whether to prohibit/rezone them. Citizen Speakers on the proposed ordinance: Sharon Spiess, 7501 Stallion, Denton, 76208 - enhance the oil and gas well ordinance in the event of loss of local control, 1500 foot setback for all wells, limitation on hours of operation, ZBA not grant variances, compensation to the City for damage to roads Michael Hennen, 724 Thomas, Denton, 76201 - provisions for gas wells should the State take away provisions of fracking ban, in favor of ongoing remote monitoring of well sites even after initial production; all electric compressors and equipment was possible; Council and not a non - elected board should deal with variances; signage needed to be improved; limiting of hours of operations City of Denton City Council Minutes March 3, 2015 Page 21 Tara Linn Hunter, 118 Bernard, Denton, 76201 - mandatory vapor recovery units; 1500 foot setbacks with no exceptions; more disclosure, better definitions. Jeff McClumg, 2018 Longmeadow, Denton, 76209 - 1500 feet from co- located sites as well as current sites; rezone setback area for industrial uses; parking lots for setback areas Carol Soph, 1620 Victoria, Denton, 76209 - need strong gas well ordinance due to proposed legislation in Austin; vapor recovery units, electric equipment; better signage and notification including renters notification and schools telling parents about wells near the schools Keely Briggs, 3108 Broken Bow, Denton, 76209 — a stronger enforceable ordinance was needed Gillian Murphy, 1905 Whitefish, Denton, 76210 - need to defend local control to protect rights of citizens; support the fracking ban and the revised ordinance Comment cards were submitted by: Ken Gold, 2512 Natchez Trace, Denton, 76210 — support Adam Briggle, 1315 Dartmouth, Denton, 76201 — support Linda Cole, 6376 Jim Christal, Denton, 76207 — support with revisions Additional speakers included: Elma Walker, 9805 Grandview, Denton, - urged Council to vote for the ordinance; insurance was ok; liked pipeline ordinance; co- locations and combining districts should be more feet; Ed Ireland - spoke on the co- location concept and associated problems /reasons it would not work Angie Holiday 419 Fulton, Denton - approve the ordinance even with the flaws Tyler Breckenridge - support of the proposed ordinance but should be more comprehensive Council Member Gregory suggested more research on vapor recovery units such as COMM as noted by a citizen. Council Member Ryan questioned if it was a State requirement that the Zoning Board of Adjustment review variance requests. City Attorney Burgess noted that the proposed ordinance was crafted as a zoning ordinance and State law indicated that any variance went to ZBA and not to Council. Council Member Gregory motioned, Council Member Roden seconded to continue the public hearing to March 24, 2015. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council City of Denton City Council Minutes March 3, 2015 Page 22 Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. 6. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Hawkins requested that staff work towards a quick fix to the towing problem and requested an Informal Staff Report or Work Session on the issue. Council Member Roden requested looking into what options were available regarding the HLC decision on hardie board. Council Member Ryan requested information regarding a meeting in the Preserves involving a DME easement and homeowner replacement of fences. Council Member Johnson suggested looking into a mechanism whereby the Council could assist in situations such as the hardie board issue with the HLC. Mayor Watts requested staff look into implementing a summer youth program in conjunction with the DISD and other businesses. Mayor Watts requested a work session regarding the sign issue with the street construction and temporary signs. Mayor Watts requested a review of the ordinance involving HLC's authority to review properties for the national registry issues. Mayor Watts suggested some kind of procedure be developed to help Council prioritize agenda item issues. B. Possible Continuation of Closed Meeting of Closed Meeting topics, above posted. City of Denton City Council Minutes March 3, 2015 Page 23 Council returned to the Closed Meeting at 10:50 to discuss Closed Meeting Item F. Council convened back into Open Session at 11:20 p.m. and with no further business, the meeting was adjourned. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 24, 2015 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 24, 2015 at 2:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tern Engelbrecht, Council Member Gregory, Council Member Hawkins, Council Member Johnson, Council Member Roden, and Council Member Ryan and ABSENT: Mayor Watts Work Session Reports A. ID 15 -059 Receive a report and hold discussion on the implementation of the Travel Demand Model of the Denton roadway system, and the resulting proposed updates to the current Mobility Plan that are necessary to implement the Road Impact Fees. PS Arora, Wastewater Division Manager, presented the information concerning the travel demand model of the Denton roadway system. Authorization - Council authorized the contract with Kimley -Horn and Associates to implement the Road Impact Fees in Denton. The fees would be in lieu of current road exactions that were currently in the Denton Development Code. During the work effort on development of the impact fee project it was determined that it was necessary to update the current Mobility Plan as it had become dated. To develop a Mobility Plan or Master Thoroughfare plan, computer models were used to determine the travel demands for the entire road network. The model was based on actual traffic counts, was calibrated for the existing conditions, and would identify build out needs of the transportation system. A City Team was formed composed of members from Traffic, Engineering and Traffic Operations, Engineering, Street Department and the Planning Department. The definition of Travel Demand Modeling was reviewed along with traffic count locations placed in 111 locations throughout the City. Several different scenarios models included existing (baseline), existing + committed projects, 2035 no build + committed projects, 2035 current Mobility Plan, and 2035 proposed Mobility Plan. Levels of service were established with Levels A and B being acceptable, Levels C and D tolerable and Levels E and F unacceptable. Existing or baseline levels of service in terms of acceptable, tolerable and unacceptable were presented. The existing level of service; existing level of service plus committed projects, the 2035 Level of service plus committed projects, and the 2035 current Mobility Plan were presented Council discussed these projects and how the projections were developed. Mobility Plan changes included (1) proposed additions for the Master Plan Community and new streets, (2) upgrade functional classification, (3) downgrade functional classification, and (4) realignment. The 2035 Proposed Mobility Plan was presented. Many of the problem roads were now corrected. Those not done at this time were part of the TxDOT system waiting for TxDOT to complete the projects. City of Denton City Council Minutes March 24, 2015 Page 2 DCTA Coordination - street section considerations were needed in transit oriented development around the Downtown Station, Downtown, UNT /TWU campus, Medpark Station, new apartments targeting student populations, and construction of sidewalks at bus shelters to meet ADA requirements. Recommendation for Mobility Plan — staff requested a recommendation for approval of the Travel Demand Model and proposed changes to the Mobility Plan. Public hearings would be scheduled at the Planning and Zoning Commission and the Council for adoption. Consensus of the Council was to proceed with staff recommendation. B. ID 15 -134 Receive a report, hold a discussion, and give staff direction regarding delivery trucks stopping in the roadway on the Downtown Square. Deputy Chief Scott Fletcher stated that this issue had been a problem for many years and occurred throughout the city. The main issue was a lack of space area to unload the trucks around the Square. Another area of concern was where to put the vehicles /traffic without taking out parking spaces. Staff worked with merchants for deliveries during non - traffic times. In conjunction with that was the length of time needed to make those deliveries. Council discussed the challenges regarding parking, requesting that deliveries be made at a certain time of the day, and asking the merchants in the area to determine the best time for making deliveries. A suggestion was consider a voluntary program for the merchants in the area and for the Downtown Task Force to consider the issue. Consensus of the Council was to move forward with a Downtown Task Force to look at the issue; do a study when the deliveries were made and contact other cities that might have a similar problem as in the Downtown area to see how they were handling the situation. C. ID 15 -191 Receive a report, hold a discussion, and give staff direction regarding the regulation of fees for the nonconsensual towing of vehicles from private property. Deputy Chief Scott Fletcher presented information on the State regulations in the Texas Occupations Code related to this issue. The State set a maximum fee on nonconsensual tows and also set the regulations for Vehicle Storage Facilities. State oversight was done through the Texas Department of Licensing and Regulation which issued licenses for tow truck operators, and vehicle storage facilities. Local authority was allowed for the regulation of non - consent towing fees. A fee study, representing a fair value of the services was required. The fees were tied to financial and accounting information. Registration and permitting could also be done for tow trucks (except consent tows) and permitting of tow trucks. Staff recommendations included (1) a comprehensive towing ordinance for non - consent tows, (2) registration/permitting of tow trucks, (3) insurance and equipment requirements, (4) background checks for drivers, (5) maximum fee rates, (6) a fee study procedure, (7) use of VSF within city City of Denton City Council Minutes March 24, 2015 Page 3 limits, (8) signage requirements for property, and (9) property owner /representative present for all tows. Council Member Johnson asked if any cities required photo evidence of the violation. Fletcher stated that he did not see anything that mandated photo proof but that it might help with making more legitimate tows. Council Member Johnson stated that it would be a simple fix to show the violation and would help eliminate illegal tows. That would protect the citizen and still allow the tow companies to make a living. Council Member Roden stated that he was interested in the concept of having a property owner /representative present for all tows. Interaction involving the property owner with the tows might be an asset to the process. Council Member Gregory stated that one recommendation was an ad hoc committee to include some of the tow truck operators. He suggested including property owners who tow at their locations. Fletcher presented recommendations which included (1) Towing Bill of Rights which would provide pertinent information on towing fees, (2) hearings, (3) filing complaints and (4) an Ad Hoc Towing Committee with members who were citizens appointed by Council and City staff from Police, Legal, Community Improvement Services, an ex- officio representative of the towing industry and property owners, The purpose would be development and recommendation of a towing ordinance and development of towing bill of rights. Consensus of the Council was to proceed with staff recommendations. D. ID 15 -247 Receive a report, hold a discussion, and give staff direction regarding an amendment to the membership of the Economic Development Partnership Board. Aimee Bissett, Director of Economic Development, stated that the proposed amendment was intended to add diversity to the Board membership. She reviewed the current makeup of the Board and presented the current nomination process. The original amendment as proposed by Mayor Watts was to add a representative from the Black Chamber of Commerce and a representative from the Hispanic Chamber of Commerce. The Economic Development Partnership Board discussed a variety of options to add diversity to the Board and made a recommendation for an alternate option that added two at -large members while taking nominations from the Black and Hispanic Chambers of Commerce. Those nominations would consider the ethnic, racial and gender diversity objective of the City Council. The recommendation from the EDP Board was to add two at -large members to solicit nominations from broader groups including nominations from the Black Chamber of Commerce and the Hispanic Chamber of Commerce which was Option 2. Nominations would be from those two boards and if there were none, the Nominating Committee would look for diversity in other nominations. City of Denton City Council Minutes March 24, 2015 Page 4 Council Member Ryan stated that the Black and Hispanic Chambers would be his first choice. Bissett stated that the difference between the options was that Option 1 would have two new board members from the Black and Hispanic Chambers. Option 2 was to solicit recommendations for two at -large members from those bodies and if none were recommended, the Nominating Committee would still look for diversity on the Board. City Manager Campbell stated that the intent was to not change the responsibility of the Nominating Committee but to include the diversity objectives of the Council. The change would still leave the appointments with the Council from the nominations of the Committee. Council Member Roden stated that suggestions from those two Chambers could be ignored. He was more comfortable with Option 1 as it helped achieve diversity on the Board more than Option 2. Option 2 left too much opportunity to not achieve the goal of diversity. Council Member Johnson stated that the Mayor's stated intent was to promote diversity on the Board. The Hispanic Chamber did not even exist at this time. If the goal was to promote diversity have an ordinance but if there was no body, how would that be diversified. He questioned promoting segregation of the different Chambers and felt that those entities should be combined. Diversity should be promoted and should be a main goal but it did not have to do be done by limiting it to specific organizations. Council Member Roden suggested language that the positions were reserved for nominations for those organizations but if one or both were not in existence, Option 2 would kick in with a preference for those two organizations and if not in existence, go to others. Council Member Ryan suggested having those two organizations as a priority but if they were not a valid organization, move to separate nominations. Council Member Gregory stated that Option 1 already had that type of wording for that contingency. Council Member Johnson questioned what constituted a Chamber membership in that there might be a difference of opinion on whether it was a valid organization. City Manager Campbell stated that Option 1 did not require the nominee be a member of those two organizations but was a nomination by the two organizations. Council Member Gregory questioned if a nomination was made by one of those groups and it was not satisfactory to the Nomination Committee, could the Committee go back and ask for a different nomination. Council Member Ryan asked if the member had to live within the city limits of Denton. City Manager Campbell stated that they had to live or work in the city limits. City of Denton City Council Minutes March 24, 2015 Page 5 Council Member Johnson stated that Council was having this conversation not to keep any of these organizations off the Board but rather because currently one of the organizations did not exist at this time. Consensus was to proceed with staff's recommendation. E. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Ryan asked for an Informal Staff Report on University - Bell to Ruddell as to why there were no street lights. Council Member Roden asked for a status report on bike parking on Hickory. Council Member Gregory requested a Work Session review of those boards and commissions with more than 7 members to see if all the members were necessary. Council Member Hawkins requested a Work Session regarding water and what the water situation would be in future. Following the completion of the Special Called Work Session, the City Council convened in a Special Called Closed Meeting at 4:49 p.m. to consider the specific items listed below. Closed Meeting A. ID 15 -222 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the Morreau Forrest Survey, Abstract Number 417, located generally in the 200 block of North Mayhill Road, City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters City of Denton City Council Minutes March 24, 2015 Page 6 would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Mayhill Road Widening and Improvements project - Parcel M085 - CCBV, LLQ B. ID 15 -238 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys litigation styled In re: Arsenal Minerals and Royalty, et al. v. City of Denton; cause number 4:14 -cv- 00639, currently pending in the US District Court, Eastern District Sherman Division 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. C. ID 15 -234 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice - versa; current and proposed extension to, moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; 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 ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D -1- GN-14- 004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14- 09833 -431 currently pending in the 431st District Court of Denton County 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. This item was considered following the completion of the Special Called Meeting. Special Called Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. Items for Individual Consideration Ordinance No. 2015 -074 A. ID 15 -248 Consider adoption of an ordinance amending Ordinance No. 2003 -258, as City of Denton City Council Minutes March 24, 2015 Page 7 amended by Ordinance No. 2011 -042 and Ordinance No. 2014 -009, relating to the Economic Development Partnership Board ( "the Board ") to add to the membership of the Board; repealing all conflicting ordinances and portions thereof; and providing an effective date. Aimee Bissett, Director of Economic Development, presented information on the proposal as discussed in Work Session. Mayor Pro Tem Engelbrecht motioned, Council Member Ryan seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Public Hearings A. DCA14 -0009e Continue a public hearing and consider adoption of an ordinance amending Subchapters 5, 7, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; amending Ordinance No. 2013 -248, relating to planning and development fees and road damage remediation fees relating to gas well drilling and production activities; adding new Subchapter 22A to the Denton Development Code, relating to Oil and Gas Pipelines, Definitions, Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14- 0009e). The Planning and Zoning Commission recommends denial (4 -3). A supermajority vote by City Council is required to adopt a motion to approve this ordinance. Mayor Watts stated that there would be no staff presentation as this was a continuation of the prior public hearing The following individuals spoke during the public hearing: Cathy McMullen - 805 Ector - appreciated the work done by Council and staff at the Legislature last week. She noted that the State might not let the City proceed with its ordinance. Chance Wilson, 1209 CR 1304, Bridgeport, 76426, representing Devon Energy, spoke in opposition. He suggested adding an exception for negotiated locations of well sites with surface owners. Gregory asked about some of the sites Wilson showed and asked why Wilson was saying they could not get use of all of the sites when three were very close. Wilson stated that the wells were not as close as it appeared due to the size of the property. Council Member Roden questioned what operator would not fall under that exception as the operators would already be negotiating with the surface owners before drilling. City of Denton City Council Minutes March 24, 2015 Page 8 Wilson stated that they wanted to work with the City Attorney to help draft language to be able to use all of their sites which he felt the proposed ordinance would not allow. Council Member Roden questioned whether that was an economic issue or was it that they could not access the minerals. Wilson stated that the TCEQ spacing regulations required one well per twenty wells. On the site there would be over 30 wells which was not possible. Council Member Johnson agreed that Devon had worked well with the City and with the neighborhoods. However, that did not happen with all operators. He questioned how many wells could be safely drilled from one -five acre site plus there could be geological concerns to complicate that. Wilson stated that he did not know about how many wells. Geological concerns had many different people working on the locations for the wells. Every property was unique based on shape and size. Council Member Gregory requested Wilson provide staff with how many gas wells could safely be drilled on a five acre pad site and how large the site would have to be to drill 32 wells. He requested that the geological issues also be included and that Wilson provide a scale for the information shown on the map he presented. Council questioned Mr. Wilson regarding the number of wells Devon had at the Cole Ranch site and the current wells on each of the pad sites shown. Council Member Gregory stated that he would like to add a section to the proposed ordinance that would require an acoustic blanket 24 feet and no more than 32 feet completely surrounding the drill site if protected uses were within 1500 feet. Council Member Roden felt that it should be an across the board requirement rather than just for protected uses. Council Member Gregory stated that the distance requirement should then be taken out of the change. Council Member Roden suggested adding rezoning to an industrial use as part of the process of requesting a compressor station, together with the SUP requirement. Council Member Johnson stated that the compressor station would be a pipeline compressor station. He noted that currently the reverse setbacks were 350 feet from well head to a protected use. But when platting a neighborhood it wasn't always known how the layout would look. He suggested changing the distance to 300 feet from well head to the lot line for a single use well. Mayor Watts stated that if there was just one standard of 350 feet from well head the developer would be put on notice to plat in such a way that each house was 350 feet from the well head. He struggled with two different standards. City of Denton City Council Minutes March 24, 2015 Page 9 Council Member Johnson thought 300 feet to the property line was the standard as the homes would move a few feet here and there but not 350 feet for a second standard. The 300 feet took all the guess work out of the equation. Mayor Watts stated that the suggestion could be placed in the ordinance and could be discussed when completing the process. Council Member Hawkins stated that he would like the 1200 foot distance when notifying residents about the notice requirements changed to 2000 feet. Council Member Gregory stated that he would like the foot requirement for the use of electric generators changed 600 feet. Council Member Roden requested a copy of the study done by Dallas. Mayor Watts stated that these suggested changes would be inserted into the ordinance so when the ordinance came to a vote they could be discussed at that time and not be separate amendments. Mayor Watts suggested considering possible amendments for exceptions for a master planned community in terms of the development of oil and gas regulations. Council Member Gregory motioned, Council Member Roden seconded to continue the public hearing to the April 7h City Council meeting. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Council returned to the Closed Meeting at 7:35 p.m. to consider Item C on the Closed Meeting portion of the agenda. The Council reconvened in Open session at 8:20 p.m. and with no further business, the meeting was adjourned. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 6, 2015 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Monday, April 6, 2015 at 11:30 a.m. in Municipal Court at City Hall East, 601 E. Hickory Street, Denton, Texas. PRESENT: Mayor Pro Tern Engelbrecht, Council Member Gregory, Council Member Hawkins, Council Member Johnson, Council Member Roden, and Council Member Ryan and Mayor Watts ABSENT: None 1. Work Session Reports A. ID 15 -278 Receive an update on Municipal Court and participate in a tour of the facility Robin Ramsay, Municipal Judge, presented an update of the Municipal Court. He reviewed the history of the current building and the Court complex. The Court was a statutory Court of Record primarily dealing with criminal court and a fine only court. He reviewed the range of fines and Court costs paid to the State. The Municipal Court was a blend of various departments including the Judge's office, Finance Department with the Municipal Court Clerk and the City Attorney Office with the prosecutor. The number of cases seen by the Court was reviewed along with the types of cases. The Court also had magisterial jurisdiction in support of Denton Police Department and other law enforcement agencies such as arrest and search warrants; animal cruelty, dangerous animals, property and weapons dispositions, and emergency protective orders. B. ID 15 -282 Receive an update on the Denton Public Safety Training Center, 719 E. Hickory Street, and participate in a tour of the facility. Lee Howell, Chief of Police, reviewed the history of the training facility. He noted that the facility enabled Denton to do its own policy academy which allowed training in Denton's methods. This assisted new officers when incorporated into the Denton police department. Council began a tour of the facility at 1:40 p.m. Following the completion of the tour, the City Council convened in a Closed Meeting at 2:09 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 15 -244 Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the City Attorney, Municipal Court Judge, and City Manager. City of Denton City Council Minutes April 6, 2015 Page 2 B. ID 15 -299 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice - versa; current and proposed extension to moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; 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 ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D- 1- GN -14- 004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14- 09833 -431 currently pending in the 431st District Court of Denton County 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. Council reconvened in Open Session at 4:28 p.m. and with no further business, the meeting was adjourned. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 7, 2015 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 7, 2015 at 1:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tern Engelbrecht, Council Member Gregory, Council Member Hawkins, Council Member Johnson, Council Member Roden, Council Member Ryan, and Mayor Watts. ABSENT: None. 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda Items. 2. Requests for clarification of agenda items listed on the agenda for April 7, 2015. Council Member Hawkins asked for additional information on Consent Agenda Item J dealing with the summer food program. Emerson Vorel, Director of Parks and Recreation, stated that this was a contract with the DISD to prepare meals for the summer food program. It was a free summer lunch for qualified children similar to what was done during the school year. Council Member Gregory asked for a discussion on Consent Agenda Item L dealing with political signs. John Cabrales, Assistant City Manager, stated that the revision dealt with a portion of the sign ordinance dealing with political signs. The change would regulate the time, place and manner for Early Voting and Election Day and followed State regulations. Council Member Gregory asked what was being done to ensure that the regulations were following freedom of speech. Cabrales stated that staff had worked with the Legal Department to make sure the new regulations were not infringing on freedom of speech rights. Council Member Gregory asked about large signs attached to large trucks taking many parking spaces. Cabrales stated that those types of signage would be looked at with the revision of the total sign ordinance. Staff was still in discussions with those regulations and as long as the sign stayed in the height restrictions it would be able to be used. Staff was also addressing the situation of taking up more than one parking space. Council Member Johnson asked about Consent Agenda Item I regarding tree mitigation and adjusting categories upward. City Manager Campbell stated that it was an adjustment in the budget for those funds the Council had requested. City of Denton City Council Minutes April 7, 2015 Page 2 Council Member Johnson commented on Consent Agenda Item S regarding the elimination of parking on Mulberry. He noted that every time parking was removed in the area that the problem became worse. He suggested looking for opportunities to replace those spaces somewhere else. Council Member Hawkins requested that Consent Agenda Item U be pulled for separate consideration to highlight it in the regular meeting Mayor Watts asked if the modular building for Consent Agenda Item A was a permanent structure. Phil Williams, General Manager -DME, stated it would house the influx of contractors and personnel for the CIP program for the next 3 -5 years. It would be there longer than a temporary building and could be moved in the future if needed. Mayor Watts asked about Consent Agenda Item E in terms of the contract at 25% of the original contract. Williams stated that there was an increased amount of work to do due to an increased amount of construction. The cost was still favorable so they would like to extend the contract to keep that favorable cost. City Attorney Burgess noted that there was a substitute ordinance for Item 7B and should be noted in any motion for that item. 3. Work Session Reports A. ID 15 -169 Receive a report, hold a discussion, and give staff direction regarding potential changes to Chapter 27, Article VI of the Code of Ordinances relating to vehicles for hire. Lt. David Mays, Denton Police Department, presented the details of the item. The original ordinance was created in 2001. State law required an ordinance to regulate transportation services but did not cover a transportation network company such as Uber. Uber differed from taxicabs as TNC did not own the vehicles operated, and the drivers were independent contractors and not employees. A provision of the current ordinance allowed temporary permitting for new service and technology was cited. Uber requested an audit process for driver background citing an in -house criminal background check. Currently the City did its own background checks and Uber wanted to do the checks in- house. However, they did not look beyond convictions while the City check looked at the time lapse since probation or parole to see that the person had maintained a conviction free lifestyle. Uber's screening did not meet the provision of the current ordinance. Council Member Roden questioned what other industries required background checks. Mays stated that a solicitor's permit for going door to door required a background check. City of Denton City Council Minutes April 7, 2015 Page 3 Council Member Roden stated that as a matter of policy, the company was checking backgrounds but with other industries, citizens allowed random people in their homes to do work etc. He felt it was a philosophical question as to what would be rational for this level compared to other industries. Mayor Watts stated that the felony offences included a broad category. Mays stated that the ordinance listed those offences which included even an attempted felony. City Attorney Burgess stated that the ordinance was based on State law and mandatory language that had to be regulated in terms of the transportation industry. Council discussed whether background checks should be required for Uber and taxicabs employees and whether the Uber license should be the same as the taxicab license. Recommendations - in order to provide Uber the same opportunity to operate in the City as other carriers Uber would need a probationary license under Section 27 -176 with a revision to the current ordinance to more accurately reflect the TNC business model. As a condition of this probationary license, Uber must require their drivers to complete the revised permit application, subjecting these drivers to the same background screening as was performed for other vehicle for hire drivers. Council Member Roden asked about the scope for Uber in terms of place of business. Mays stated that Uber used Uber Dallas with no subset for Denton. Uber tracked all the rides taken so they would know if someone operating outside their location. Mayor Pro Tem Engelbrecht stated that he was interested in the insurance aspect of it including personal injury. Council discussed provisions of background checks and the licensing procedures. Consensus of the Council was to move forward with staff recommendation for changes in the current ordinance. B. SI15 -0008 Receive a report, hold a discussion and give staff direction regarding local efforts to provide assistance to the homeless and those at -risk of becoming homeless. Danielle Shaw, Human Services Coordinator, stated that the presentation would be focused on efforts through the Denton County Homeless Coalition which did not receive any City funding but were a group of non - profits working on the homeless situations. The goals of the Coalition were (1) impact on the homeless population, (2) reduce number of homeless; (3) provide advocacy for the homeless, (4) build awareness to increase capacity to serve the issue; and (5) information/research to look at how to continuously improve services. Community efforts for housing the homeless — the basic services included street outreach whereby people went out to the homeless to help with services needed and shelters City of Denton City Council Minutes April 7, 2015 Page 4 (emergency /short Term) for temporary housing. Housing, such as transitional, supportive and permanent housing, helped assist with homeless prevention and rapid re- housing of the homeless. Supportive Services included health care, employment/income, emergency services, food, security, transportation, education, child care, and legal/document services. Funding Leveraged - Federal funding in the community included grants plus city of Denton money leveraged with the grant money to provide services. Community wide projects included Homeless Management Information System, data collection, Housing the Homeless Task Force, Denton Coordinated Access Network, and Bridging the Gap. Survey results — The 2015 point in time count showed that 27.2% of those surveyed were chronically homeless, 9.2% were veterans, 45.40% were employed homeless, and 20% had a serious mental illness. The estimated homeless in 2015 was 465 persons. Council reviewed the figures presented and gathered information on the background of the numbers. Vulnerability survey factors, health insurance figures, medical visits, time on the streets, and the percentage of veterans were reviewed. Council Member Roden asked how to equip the average citizen to assist the homeless. Shaw stated that the primary goal of the Denton CAN was to help with that type of marketing. Council Member Gregory questioned what the next step was in terms of policy recommendations staff had for Council to help with the issue. Shaw felt it was the facilitation of efforts to assist with grants and no policies that impeded the efforts. Council Member Johnson suggested considering issuing a challenge to private entities to help with funding for these efforts such as matching funding. Council Member Gregory suggested putting some of these ideas in the master planning and in budgets to help with the issue. Council Member Johnson suggested forming an ad hoc committee to discuss options for the homeless for the critical needs and to put a challenge out to the private sector to assist. Mayor Watts stated that goals and a plan to move forward would be needed. Council Members Gregory and Johnson volunteered for the committee. C. ID 15 -284 Receive a report, hold a discussion, and give staff direction regarding an ordinance to adopt the 2012 International Fire Code (IFC) as amended by the City. City of Denton City Council Minutes April 7, 2015 Page 5 Laura Behrens, Fire Marshal, presented a time line regarding the review of the Code. Considerations when reviewing the document included COG recommended amendments, International Codes, local amendments, changes in environment/technology and best practices. There were four categories of consideration that included clarification, formalization of current practices, consistency between codes, and new practices to introduce. She reviewed amendments for gas and oil wells with language that followed the process of issuing permits. Language included on required fire protection systems at drilling and production sites consistent with the gas well ordinance in terms of fire protection. Crowd Manager — The current code required a trained crowd manger for events and the code did not define the training. The proposed amendments would outline the duties. Emergency and Standby Power System — the COG amendment would provide a list to match other areas of code or reference to a code provision that already existed. Solar Energy — a proposed local amendment would move the section to the International Residential Code. Automatic Sprinkler System — the proposed amendment was a clarification of the current local amendment. It clarified when certain construction would require the installation of an automatic sprinkler system. Council discussed the provisions and conditions when an automatic sprinkler system was required. Behrens continued that a second amendment dealt with connection for FDC connections. Standpipe System — the COG amendment allowed for more rapid deployment of hose lines to the fire area. Fire Alarm and Detection Systems — the COG amendment addressed the issue of low - lighting and AN equipment distracting from notification systems and devices. The second portion dealt with a COG amendment that defined the threshold at which portable buildings were considered a separate building. This would primarily affect portable buildings around schools. The DISD did not have any major concerns with this amendment at this time. Smoke and Heat Vents — the current ordinance allowed for a fire code official to require manual vents. This established a best practice. Fire Department Connections — The proposed amendment stated that an approved fire hydrant distance would be located within 100 feet of the fire department connection as the fire hose laid along an unobstructed path. The COG amendment would ensure access to the water supply. Chapter 10 - Means of Egress — All proposed changes were COG amendments consistent with the 2012 International Building Code. Chapter 11 - Construction Requirements for Existing Buildings — The local amendment would clearly define when this chapter was applicable and was consistent with International Building Code language. City of Denton City Council Minutes April 7, 2015 Page 6 Council discussion of the amendment suggested taking out the "change of ownership" and better definition of "repair ". A suggestion was made to change "change of occupancy" to "change of ownership in the process ". Fire Safety during construction and demolition — the COG amendment clarified the phase of construction when an access road was required. Fee Structure — a change was suggested in terms of an open burn permit issued under the Fire Code. For noncommercial applications the fee would be $100 per permit per day. The fee would be $25 for re- inspections associated with operations and construction permits. This would be consistent with the current practice of assessing re- inspection fees for routine inspections and in -line with the adopted fee schedule. Council discussed working with current technology to help with re- inspections such as photos for changes made. Behrens stated that the department had already starting that in limited instances. The next steps in the process would be to present the changes on the April 21 or May 5 Council agenda for approval with the ordinance being effective in June. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 4:35 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 15 -183 Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072. Discuss, deliberate and receive information from staff and provide staff direction pertaining to the acquisition of property located north of Winston Drive and west of I -35E all in the Gideon Walker Survey, Abstract No. 1330, Cities of Denton and Corinth, Denton County, Texas for use in connection with DME's transmission expansion projects by the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property near the location described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. [ID 15 -185] B. ID 15 -186 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071 Discuss, deliberate, and receive further information regarding the purchase of certain real property interest located in and around the Township II area, and generally south and west of Colorado Blvd., south of Foxhollow, north and east of Angelina Bend Dr. and west of Valley Creek Rd. Consultation with the City's attorneys regarding legal issues associated with the City of Denton City Council Minutes April 7, 2015 Page 7 potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Township II Park Property Acquisition Project [Greenbelt Tracts 1,2,4] & [ID 15 -187 Denton 68 Joint Venture]) C. ID 15 -193 Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Receive a report and hold a discussion regarding legal and economic development issues regarding a proposed economic development incentive agreement for Business Air (BAM Denton Management Ventures, LLC). This discussion shall include commercial and financial information the City Council has received from Business Air which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. [ID 15 -198] D. ID 15 -194 Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Receive a report and hold a discussion regarding legal and economic development issues regarding a proposed economic development incentive agreement for West Gate Business Park (WGBP Investments, LTD). This discussion shall include commercial and financial information the City Council has received from West Gate Business Park which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. [ID 15 -199] E. ID 15 -260 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction pertaining to (1) the potential acquisition of real property interests in the William Loving Survey, Abstract No. 759, and the William Neil Survey, Abstract No. 971, located generally in the 200 block of W. Mulberry St., City of Denton, Texas; and (2) the disposition of and /or potential sale or lease of real property interests in the William Neill Survey, Abstract 971, Denton County, Texas, located generally in the 200 block of N. Elm Street and in the 200 block of W. McKinney Street; and (3) the disposition of and /or the potential sale or lease of real property City of Denton City Council Minutes April 7, 2015 Page 8 interests in the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas, and located generally in the 200 block of E. McKinney Street, City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Central Downtown Denton property tracts) F. ID 15 -263 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in (1) the E. Puchalski Survey, Abstract 996, City of Denton, Denton County, Texas (located generally in the 1300 through 1400 block range of Underwood Street); and (2) the Samuel McCracken Survey, Abstract Number 817 and the J. Carter Survey, Abstract No. 274, City of Denton, Denton County, Texas (located generally within the 1300 through 4400 block range of Sherman Drive). Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Fire Station 3 & Fire Station 4) G. ID 15 -287 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice - versa; current and proposed extension to moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; 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 ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D- 1- GN -14- 004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14- 09833 -431 currently pending in the 431st District Court of Denton County 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. City of Denton City Council Minutes April 7, 2015 Page 9 H. ID 15 -301 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consultation, discussion, deliberation, and receipt of information from the city's attorneys involving legal matters relating to possible annexations of property into the City of Denton where public discussion of these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS /PRESENTATIONS A. ID 15 -212 African Cultural Festival Day Mayor Watts presented the proclamation for African Cultural Festival Day. B. ID 15 -211 National Community Development Week Mayor Watts presented the proclamation for National Community Development Week. C. ID 15 -221 Arbor Day Mayor Watts presented the proclamation for Arbor Day. D. ID 15 -265 Blind Side Week Mayor Watts presented the proclamation for Blind Side Week. 3. CITIZEN REPORTS A. ID 15 -224 Willie Hudspeth regarding concerns about the Building Inspections process. Mr. Hudspeth was not present at the meeting. B. ID 15 -261 Gerald DeMarsh regarding the Senior Center. Mr. DeMarsh had a prior request to Council to lift the restriction from his attending the Senior Center after an altercation at the Center. He requested again that Council lift the restriction from his going into the Senior Center. He was going to sue the City regarding the issue if needed. City of Denton City Council Minutes April 7, 2015 Page 10 C. ID 15 -303 Willie Sellers regarding red light cameras. Mr. Sellers stated that he had received a red light camera citation but had not been noticed of the violation. He could not register his car due to the citation he had from the red light camera. The fine had increased from $75 to $102 due to the failure to pay in a timely manner. There were others in line with his same problem at the Motor Vehicle Department. He felt this was a money- making venture for the Police Department. He urged the Council to remove the cameras. 4. CONSENT AGENDA Council Member Ryan motioned, Council Member Gregory seconded to adopt the Consent Agenda and accompanying ordinances and resolutions with the exception of Item U. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No. 2015 -075 A. ID 15 -075 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of a Modular Office Building for Denton Municipal Electric to be located at 1659 Spencer Road, Denton, Texas; and providing an effective date (File 5646- awarded to Sustainable Modular Management, Inc. in the amount of $270,000). The Public Utilities Board recommends approval (5- 0). Ordinance No. 2015 -076 B. ID 15 -128 Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Agreement with National Joint Powers Alliance (NJPA), under Section 791.001 of the State of Texas Government Code, to authorize the City of Denton to utilize NJPA Contract# 042911 -PRC currently for the purchase of property disposition and auction services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5742- Interlocal Agreement with National Joint Powers Alliance). Ordinance No. 2015 -077 C. ID 15 -129 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the National Joint Powers Alliance (NJPA) for property disposition and auction services for the City of Denton; and providing an effective date (File 5741- awarded to PropertyRoom.com in the three (3) year estimated amount of $300,000). Ordinance No. 2015 -078 D. ID 15 -174 Consider adoption of an ordinance approving a contract for the supply of Organic Catalyst for the City of Denton Composting Operation which is available from only one source and in accordance with Texas Local Government Code 252.022, such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5765- Purchase of Organic Catalyst for the City of City of Denton City Council Minutes April 7, 2015 Page 11 Denton Composting Operation awarded to Harvest Quest International, Inc. in the annual estimated amount of $50,000 for a three (3) year not -to- exceed amount of $150,000). The Public Utilities Board recommends approval (6 -0). Ordinance No. 2015 -079 E. ID 15 -178 Consider adoption of an ordinance authorizing the City Manager to execute a second amendment to the contract between the City of Denton and ABC Professional Tree Services, Inc.; providing for the expenditure of funds therefor; and providing an effective date (RFP 4825- Second Amendment in the amount of $500,000 for a total contract award of $2,500,000). The Public Utilities Board recommends approval (6 -0). Ordinance No. 2015 -080 F. ID 15 -184 Consider adoption of an ordinance authorizing the City Manager to execute a Mutual Aid Agreement by and between the City of Denton, Texas and the City of Garland Texas, that provides for terms and conditions under which each party would provide aid to the other in response to emergencies or natural disasters, in substantial conformity with the attached "Exhibit A "; authorizing the expenditure of funds therefor; and providing an effective date. Ordinance No. 2015 -081 G. ID 15 -185 Consider adoption of an ordinance authorizing the City Manager or his designee to exercise an option Contract of Sale by and between Winston 4 Development, LLC, as owner, and any others having an ownership interest, and the City of Denton, Texas, as buyer, to acquire fee simple to a tract or parcel of land being 17.027 acres, more or less, this parcel lying and being situated in the City and County of Denton, State of Texas, and being located in the Gideon Walker Survey, Abstract No. 1330, Cities of Denton and Corinth, Denton County Texas, for the purchase price of Two Hundred Seventy Thousand and No /100 US Dollars ($270,000.00) and other good and valuable consideration, as described in the Contract of Sale attached as Exhibit One; authorizing the expenditure of funds therefore; and providing an effective date. Ordinance No. 2015 -082 H. ID 15 -228 Consider adoption of an ordinance of the City of Denton, Texas, prohibiting left turns for any vehicle travelling westbound on Russell Newman Boulevard onto Loop 288; providing a repealer clause, providing a savings clause, providing for a penalty not to exceed $500 for violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton, and providing for an effective date. Ordinance No. 2015 -083 L ID 15 -253 Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2014 -2015 Budget and Annual Program of Services of the City of Denton to allow for adjustments to the Tree Mitigation Fund of four hundred ninety- four thousand and seventy -eight dollars ($494,078), the Police Confiscation Fund of City of Denton City Council Minutes April 7, 2015 Page 12 fifty thousand dollars ($50,000), the Risk Retention Fund of six hundred thousand dollars ($600,000), and the General Debt Service Fund to include revenues and expenditures of one million four hundred thirty -four thousand seven hundred and forty -eight dollars ($1,434,748); declaring a municipal purpose; providing a severability clause; providing an open meetings clause; and providing for an effective date. The Audit/Finance Committee recommends approval (3 -0). Ordinance No. 2015 -084 J. ID 15 -256 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a contract with the Denton Independent School District for the 2015 Summer Food Service Program; authorizing the expenditure of funds to administer the program; and providing an effective date. Ordinance No. 2015 -085 K. ID 15 -264 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Purchase Agreement, by and between the City of Denton, Texas (the "City "), as Buyer, and CCBV, LLC, a Texas limited liability company (the "Owner "), as Seller, to acquire fee simple title to a 0.535 acre tract, located in the Morreau Forrest Survey, Abstract No. 417, City of Denton, Denton County, Texas, generally located in the 200 block of North Mayhill Road, for the purchase price of Four Hundred Forty Thousand Dollars and No /Cents ($440,000.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement "), as attached to the ordinance and made a part thereof as Exhibit "A;" authorizing the expenditure of funds therefore; providing a savings clause; and providing an effective date. ( Mayhill Road Widening and Improvements project: Parcel M085 - CCBV, LLC) Ordinance No. 2015 -086 L. ID 15 -266 Consider adoption of an ordinance of the City of Denton, Texas, amending certain provisions of chapter 33 of the Denton Code of Ordinances (the Denton Sign Code) by limiting the application of general sign regulations and imposing specific regulations with respect to political signs, consistent with state law; prescribing a maximum penalty for violation; providing for severability and savings; and establishing an effective date. Ordinance No. 2015 -087 M. ID 15 -268 Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Agreement with the North Central Texas Council of Governments ( NCTCOG) under Section 791.001 of the State of Texas Government Code, and to authorize the City of Denton to participate in the NCTCOG Regional Traffic Signal Timing Program; authorizing the expenditure of funds therefor; and declaring an effective date (File 5792 -in the estimated amount of $36,960). Ordinance No. 2015 -088 N. ID 15 -269 Consider adoption of an ordinance accepting competitive bids by way of a Cooperative Purchasing Program Participation Agreement with the City of Frisco City of Denton City Council Minutes April 7, 2015 Page 13 under section 271.102 of the Local Government Code, for the purchase of respiratory protective equipment and parts for the City of Denton Fire Department; providing the expenditure of funds therefor; and providing and effective date (File 5763- awarded to Hoyt Breathing Air Products for a three (3) year total amount not -to- exceed $555,500). Ordinance No. 2015 -089 O. ID 15 -270 Consider adoption of an ordinance approving a contract for the purchase of one (1) Haul -All M -class single stream 14 cubic yard side loading refuse collection body for the City of Denton Parks department which is available from only one source and in accordance with Texas Local Government Code 252.022, such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5794- awarded to Haul All Equipment, Ltd. in the amount of $73,682.50). Ordinance No. 2015 -090 P. ID 15 -271 Consider adoption of an ordinance approving a professional services agreement for the development of a City of Denton Public Art Master Plan which is available from a local expert source, which staff has recommended as the best value procurement and in accordance with Texas Local Government Code 252.022 (4), such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5795- awarded to Margaret Chalfant in an amount not to exceed $80,000). Ordinance No. 2015 -091 Q. ID 15 -272 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of shoot -on connectors for Denton Municipal Electric (DME); and providing an effective date (RFP 5709- awarded to Techline, Inc. in the three (3) year not -to- exceed amount of $150,000). Ordinance No. 2015 -092 R. ID 15 -273 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the University of North Texas for the purpose of hosting the African Cultural Festival; providing for the expenditure of funds; and providing for an effective date. ($550) Ordinance No. 2015 -093 S. ID 15 -277 Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on the north side of East Mulberry Street from its intersection with South Industrial Street to its intersection with South Austin Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton, and providing for an effective date. The Traffic Safety Commission recommends approval (5 -0). City of Denton City Council Minutes April 7, 2015 Page 14 Ordinance No. 2015 -094 T. ID 15 -283 Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute a Local Transportation Project Advance Funding Agreement (LPAFA) for a Congestion Mitigation and Air Quality (CMAQ) Improvement Project (construction of sidewalks for the Wilson and Pecan Creek Elementary School areas) with the Texas Department of Transportation; authorizing the expenditure of funds therefor; and providing an effective date. Approved the minutes listed below. V. ID 15 -295 Consider approval of the minutes of February 2, February 3, February 10, and February 17, 2015. Council considered Consent Agenda Item U. Resolution No. R2015 -011 U. ID 15 -285 Consider approval of a resolution of the City of Denton, Texas, in opposition to Senate Bill 343 and any other legislation which would erode the authority of a home rule municipality; and providing for an effective date. Council Member Hawkins motioned, Council Member Gregory seconded to approve the resolution. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS Ordinance No. 2015 -095 A. ID 15 -187 Consider adoption of an ordinance of the City of Denton, Texas determining the public use, need, and necessity for the acquisition of fee title to properties described in the attached Exhibit "A" and located in and around the Township II area generally south and west of Colorado Blvd., south of Foxhollow, north and east of Angelina Bend Dr. and west of Valley Creek Rd., for park land; authorizing the City Manager and City Attorney, or their respective designees, to acquire the property including making initial and final offers, authorizing the use of the power of eminent domain to condemn the properties; and authorizing the City Attorney, or her designee, to file eminent domain proceedings, if necessary, and providing an effective date. (Township II Park Property Acquisition project: Greenbelt tracts 1, 2, and 4, Greenbelt North, Street, and West - Denton 68 Joint Venture [ID 15- 186]) Larry Collister, Deputy City Attorney, presented the information concerning the property under consideration. He noted that approval of the subject ordinance authorized staff to pursue the acquisition of the three remaining tracts identified for park land and acquire the property for public use, voluntarily, from the subject landowners prior to moving forward with the acquisition by eminent domain, in the event the owner(s) could not be located. He presented the legal City of Denton City Council Minutes April 7, 2015 Page 15 description of the property on the overhead screen while the motion for consideration was being made. Council Member Gregory motioned and Mayor Pro Tem Engelbrecht seconded the following: I motion that the city of Denton, Texas authorize the use of the power of eminent domain to acquire fee simple title to a 6.458 acre tract of a 0.361 acre tract and a 3.384 acre tract which are located in and around the Township II area, generally south and west of Colorado Blvd., south of Foxhollow, north and east of Angelia Bend Dr., and west of Valley Creek Rd., in the R. H. Hopkins Survey, Abstract No. 1694, Denton, Denton County, Texas and more particularly described on Exhibit A to the ordinance now under consideration and on the overhead screen being now displaced to the audience for delivering park uses and recreation to the Township 11 area." On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2015 -096 A. ID 15 -198 Consider adoption of an ordinance of the City of Denton, Texas approving an Economic Development Program Grant Agreement between the City of Denton and BAM Denton Management Ventures, LLC; and providing an effective date (Business Air). Aimee Bissett, Director of Economic Development, stated that this ordinance would adopt a grant agreement with Business Air at Denton Enterprise Airport and described the functions of the business and the purpose of the grant agreement. The project involved a $9.5 million expansion project. The Economic Development Partnership Board considered the incentive agreement and recommended approval of a Chapter 380 grant equal to seventy percent of the increase in property tax revenues on the improvements to the building and new business personal property up to a maximum of $9,500,000 in increased valuation as determined by the Denton Central Appraisal District for a period of two years. Business Air could also extend the length of the grant by attracting additional investment in the form of business aircraft based at its facilities at Denton Enterprise Airport by a specified date and investment level thresholds. In addition to a grant extension, Business Air would receive five percent of the increase in taxable valuation attributable to these new business aircraft for the duration of the grant extension (1) if increased valuation in new business aircraft was at least $15,000,000 but less than $50,000,000 by December 31, 2017, the grant would extend to a period of four years and would include five percent of the increased new business aircraft valuation amount for the grant period , (2) if increased valuation in new business aircraft is at least $50,000,000 but less than $80,000,000 by December 31, 2020, the grant would extend to a period of seven years and would include five percent of the increased new business aircraft valuation amount for the grant period and (3) if increased valuation in new business aircraft is at least $80,000,000 by December 31, 2022, the grant would extend to a period of nine years and would include five percent of the increased new business aircraft valuation amount for the grant period. The grant agreement required Business City of Denton City Council Minutes April 7, 2015 Page 16 Air to invest a minimum of $5,000,000 in building, site and other improvements at its facilities for this project by December 31, 2016. Council Member Johnson stated that Denton did not have a 4A or 4B status to attract businesses such as this and that this was a very creative way to attract the business. He questioned why these programs were necessary. Bissett stated that several surrounding communities had 4A or 4B status which meant they could use a cash incentive fund for economic development. They could give a cash grant to help close a deal. Denton did not have that but did have a Chapter 380 agreement to spend tax dollars for economic development. This was performance based on new business. Council Member Johnson motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No. 2015 -097 B. ID 15 -199 Consider adoption of an ordinance of the City of Denton, Texas approving an Economic Development Program Grant Agreement between the City of Denton and WGBP Investments, LTD; and providing an effective date (West Gate Business Park). Aimee Bissett, Director of Economic Development, stated that this was another incentive grant agreement for consideration. West Gate Business Park was a group of local developers who were investing in an industrial manufacturing space. The anticipated capital investment was $24 million. They had requested an incentive as competitors were able to offer more competitive proposals because of their incentive program. This development would bring in a higher quality of development. The Economic Development Partnership Board recommended approval with a minimum of 60% with an additional 5% for a national headquarters and /or 10% for support of major employers not to exceed 75% of City ad valorem taxes attributable to improvements for a period of ten years commencing the first year following receipt by Grantee of the certificate of occupancy for the property. Council Member Johnson motioned, Council Member Ryan seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No. 2015 -098 C. ID 15 -236 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the approval of a professional legal services agreement by and between Terry Morgan & Associates, P.C. and the City of Denton, Texas; providing for the expenditure of funds; and providing for an effective date. Anita Burgess, City Attorney, stated that the City had been working with Terry Moran for gas well negotiations. This agreement would provide additional money for the contract. City of Denton City Council Minutes April 7, 2015 Page 17 Mayor Pro Tem Engelbrecht motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. D. ID 15 -240 Consider nominations /appointments to the City's Boards and Commissions: Health & Building Standards Commission and Human Services Advisory Committee. Council Member Johnson nominated Glen Farris to the Health & Building Standards Commission. Council Member Roden motioned, Council Member Gregory seconded to approve the nomination. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No. 2015 -099 E. ID 15 -251 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $98,925,000 in principal amount of "City of Denton Certificates of Obligation, Series 2015" (including up to $8,258,000 for General Government activities, up to $10,542,000 for Solid Waste Fund activities, and up to $80,125,000 for Electric, Water and Wastewater Fund activities); authorizing the issuance of the Certificates; delegating the authority to certain City officials to execute certain documents relating to the sale of the Certificates; approving and authorizing instruments and procedures relating to said Certificates; and enacting other provisions relating to the subject. Chuck Springer, Director of Finance, stated that the item would authorize the issuance, sale and delivery of $98 million for Certificates of Obligation. Council had already adopted an ordinance which gave the authority for the Notice of Intent to Issue the certificates. The certificates would match the life of the assets so there were different terms for the certificates. This was a parameters ordinance which authorized the sale at a later date. Staff recommended the sale of $8,100,000 in COs for General Government projects plus related issuance costs, $10,350,000 in COs for Solid Waste projects plus related issuance costs and $3,000,000 in COs for Water projects plus related issuance costs. The plan was to issue the certificates in May but it could be moved back if necessary due to market conditions. Council Member Roden asked for an explanation of the difference between Certificates of Obligation and General Obligation bonds. Springer stated that General Obligation bonds pledged property taxes for repayment and were approved by voters. Certificates of Obligation pledged revenue and a property tax pledge. Certificates of Obligation required a Notice of Intent in the newspaper before they could be issued. City of Denton City Council Minutes April 7, 2015 Page 18 Council Member Roden asked for an explanation on how the debt would be paid. Springer stated that the principle would be paid on after issuance and that there would be a level debt schedule for payment with debt payoff every year with no carryover. Mayor Pro Tem Engelbrecht motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No. 2015 -100 F. ID 15 -252 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $49,120,000 in principal amount of "City of Denton General Obligation Refunding and Improvement Bonds, Series 2015 "; authorizing the issuance of the Bonds; delegating the authority to certain City officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and procedures relating to said Bonds; and enacting other provisions relating to the subject. Chuck Springer, Director of Finance, reviewed the amount of the debt and the refunding of debt for savings on outstanding debt. The second part of the General Obligation bond issuance was for street improvements, public safety facilities, drainage and parks system improvements. This was a parameters ordinance with a maximum amount of sale of $49.12 million, savings of at least 4% and ended October 2015. The plan was to sell the bonds on May 18th depending on market conditions. Council Member Hawkins motioned, Council Member Ryan seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. 7. PUBLIC HEARINGS Ordinance No. 2015 -101 A. S 14 -0008 Hold a public hearing and consider a Specific Use Permit (SUP) for a Group Home on approximately 0.391 acres of land generally located on the west side of N Elm Street near the intersection with Ferguson Street. The subject property is located within a Downtown Commercial General (DC -G) zoning district (S14-0008, Wheeler House). The Planning and Zoning Commission recommends approval (5 -1) with a condition. Aimee Bissett, Interim Director of Planning and Development, presented the details of the proposal. This would be a Special Use Permit for Wheeler House, a group home on Elm Street. She presented the zoning map, background of the application, proposed use and site plan. The project was consistent with the Denton Plan 2030. The criteria for approval and notification map were reviewed. The Planning and Zoning Commission recommended approval with the City of Denton City Council Minutes April 7, 2015 Page 19 condition that the Specific Use Permit would expire if not renewed by the Council on or before 10/29/2033 or on termination of the applicant's current lease, whichever came first. Staff recommended approval. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Pat Smith, 1417 Cambridge Lane, Denton, 76209 — applicant - spoke in favor. Council Member Roden asked if Serve Denton was agreeable with the Planning and Zoning Commission recommendation. Smith stated that they were but that it was not great. The Specific Use Permit was tied to the lease and the lease was a 20 year initial term with two 10 year additional terms. Council Member Johnson stated that some of the Commission's discussion centered on 18 years for a new Specific Use Permit. Smith stated the 18 years was tied to when the lease expired. Some Commission members were concerned about an indefinite Specific Use Permit and put a limit to tie it to the lease. Council Member Johnson questioned if a Specific Use Permit could be tied to a tenant. City Attorney Burgess stated that it could be tied to a lease but not to a tenant. Council Member Johnson stated that if the tenant had renewal options which were executed, the Specific Use Permit would still be in effect and the same thing would be accomplished without having that drop dead date. If the lease was not renewed, the Specific Use Permit would go away. City Attorney Burgess stated that Council could go in that direction if they wanted Council Member Hawkins agreed with the suggestion to restructure the Specific Use Permit provision. Council Member Ryan asked about the police station at the facility. Smith stated that they were working through the technologies and would come back to Council at a later date for approval. Mayor Watts stated that he was looking forward to seeing more of these facilities in the City in future years. Glen Fogg, 809 N. Elm, Denton, 76201 — spoke in favor. Perry McNeill, 1508 Gatewood, Denton, 76205 - spoke in favor Melissa Bradley, 805 Bolivar, Denton, 76201 — spoke in favor Kenton Brice, 7621 Hinkley Oak Drive, Denton, 76208 — spoke in favor. City of Denton City Council Minutes April 7, 2015 Page 20 Lee Allison, 4401 N. I35, Denton, 76207 — spoke in favor Deborah Casimo, 1107 Bolivar, Denton, 76201 — spoke in opposition Comment cards were submitted by the following: Christina Trevino, 728 N. Elm, Denton, 76201 — in support Ruth Ann Savana, 718 Crescent, Denton, 76201 — in support Rachel Sampson, 1126 Avenue A, Denton, 76201 — in support Roy Metzler, 1205 Polo Verde, Denton, 76210 in support Heather Quinn, 608 Cordell, Denton, 76201 - in support Ricky and Marsha Grunden, 9620 Jim Christal, Krum, 76249 — in support Stan Morton, 43 Wellington Oaks Circle, Denton, 76210 — in support Nancy DiMarco, 8425 Stallion, Denton, 76208 — in support Bettye Myers, 2913 Croydon, Denton, 76209 — in support Priscilla Sanders, 408 Hollyhill, Denton, 76205 — in support Harrison Wicks, 3111 Darby Lane, Denton, 76207 — in support Additional speakers included: Barney Casimo, 1107 Bolivar, Denton, 76201 — spoke in opposition Tom Evenson, 1605 W. Windsor, Denton — spoke in favor The Mayor closed the public hearing. Mayor Pro Tem Engelbrecht motioned, Council Member Gregory seconded to adopt the ordinance without the condition as noted by the Planning and Zoning Commission. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No. 2015 -102 B. S 13 -0007 Hold a public hearing and consider a Specific Use Permit (SUP) to allow for expansion of the Municipal Solid Waste Landfill and associated Solid Waste and Recycling ground services operations and equipment storage on approximately 156.9 acres. The subject property is zoned Industrial Center General (IC -G) and is generally located north of Spencer Road and east of Mayhill Road. The Planning and Zoning Commission recommends approval (5 -2) with conditions. Aimee Bissett, Interim Director of Planning and Development, stated that this was a request for a Special Use Permit for a sanitary landfill and heavy manufacturing use. The purpose of this SUP request was to permit expansion of the landfill onto the approximately 156.9 acre subject property acquired by Solid Waste. The proposed request also included re- utilizing an existing structure on the property labeled Biodiesel Facility Building No.9 on the site plan for Heavy Manufacturing uses. Sanitary Landfills and Heavy Manufacturing require approval of an SUP in the IC -G zoning district per Subchapter 35.5.7.2 of the Denton Development Code. She presented the location map, current zoning, and background on the site. The 2015 request was expansion of the landfill and a Specific Use Permit to cover a heavy manufacturing use in City of Denton City Council Minutes April 7, 2015 Page 21 Building 9. The criteria for the Specific Use Permit were presented along with the notification map. The Planning and Zoning Commission recommended approval with two conditions (1) a Type D buffer would be constructed along the boundary on the western and northern property line, except on the portions of the boundary that have existing structures and (2) the buffer shall be constructed prior to using the property for depositing debris. Mayor Pro Tern Engelbrecht asked about the difference in acreage as listed on the agenda and the ordinance. Bissett stated that the original amount was the larger acreage but what was needed now was the smaller acreage. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Marilyn Haggard, 5300 Whiting Way, Denton, 87208 - spoke in opposition Catherine Wages, 3915 Gayla, Denton, 76208 — spoke in opposition Youvonna Mutzinger, 3919 Gayla, Denton, 76209 — spoke in opposition James Griffin, 5304 Kayanne, Denton, 76209 — spoke in opposition Joe Doye, 5956 Sherry Lane, Dallas — spoke in opposition Mike Cheves, 900 Jeffrey, Denton, 76209 — spoke in opposition Comment cards were submitted by the following: Wilma Haggard, 1900 S. Mayhill, Denton, 87208 — in opposition Barbara Haggard Holeman, 3694 State Highway 59N, Montague, 76251 — in opposition Robert Donnelly, 3900 Quail Creek, Denton, 76208 — in opposition Ellen Levings, 2900 Spencer Road, Denton, 76208 — in opposition Adam Arnold, 318 W. Congress, Denton 76201 — in opposition Jennifer Gibbs, 318 W. Congress, Denton, 76201 — in opposition Daniel Davis, 1717 Oak Tree, Denton, 76209 — in opposition Pam Gibbs, 2020 Kendolph, Denton, 76205 — in opposition An additional speaker, Barbara Haggard Holeman, stated she was in opposition. The Mayor closed the public hearing. Council Member Johnson suggested adding a provision that the landscaping run the entire length south to north with a minimum Type D buffer. Council Member Gregory motioned, Mayor Pro Tern Engelbrecht seconded to adopt the ordinance with the following provisions: (1) a Type D buffer would be constructed along the boundary on the entire western property line of the landfill and along the northern property lines of the lands subject to the zoning case, except on the portions of the boundary that were adjacent to 1001 South Mayhill Road, Buildings 101 and 102 and (2) the buffer shall be constructed prior to using the property for depositing debris. On roll call vote, Mayor Pro Tern Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson City of Denton City Council Minutes April 7, 2015 Page 22 "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No. 2015 -103 C. ID 15 -241 Hold a public hearing and consider adoption of an ordinance granting approval, in accordance with Chapter 26 of the Texas Parks and Wildlife Code, of the non -park use of a part of Quakertown Park for the purpose of installing and maintaining a sanitary sewer line for the Senior Center connector of the Pecan Creek Interceptor III Project; providing for a notice by the City of Denton, Texas of non - park use for installation and maintenance of sanitary sewer line and reservation of easement in the event of sale of park; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (7 -0). Jim Mays, Park Superintendent, stated that this public hearing was a requirement of Chapter 26 of the Texas Parks and Wildlife Code. The public hearing was to make certain that there was no feasible use for the property. Water Utilities required part of Quakertown Park for installing and maintaining a sanitary sewer line for the Senior Center connector of the Pecan Creek Interceptor. The public hearing for Item D was included with this public hearing. Mays stated that Item D involved a non -park use of a portion of North Lakes Park for a water line and sanitary sewer line for the Vista Del Arrory Office Offsite Utility Project. The Mayor opened the public hearing for Items C and D. No one spoke during the public hearings. The Mayor closed the public hearings for C and D. Council Member Johnson motioned, Council Member Ryan seconded to adopt the ordinance for Item C. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No. 2015 -104 D. ID 15 -242 Hold a public hearing and consider adoption of an ordinance granting approval, in accordance with Chapter 26 of the Texas Parks and Wildlife Code, of the non -park use of a part of North Lakes Park for the purpose of installing and maintaining a water line and a sanitary sewer line for the Vista Del Arroyo Offsite Utilities Project; providing for a notice by the City of Denton, Texas of non -park use for installation and maintenance of a water line and sanitary sewer line and reservation of easement in the event of sale of park; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (7 -0). The public hearing for this item was held in conjunction with Item C. Council Member Johnson motioned, Mayor Pro Tem Engelbrecht seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory City of Denton City Council Minutes April 7, 2015 Page 23 "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No. 2015 -105 E. Z14 -0010 Hold a public hearing and consider an initial zoning of Neighborhood Residential 4 (NR -4) on approximately 17.76 acres and Neighborhood Residential 6 (NR -6) on approximately 22.57 acres of land on a tract totaling 40.33 acres in size. The subject property is generally located on the west side of Cooper Creek Road, approximately 750 feet south of Silver Dome Road and 1,250 feet north of Fishtrap Road (Z 14 -0010, Windsor Oaks). The Planning and Zoning Commission recommends approval (6 -0). Aimee Bissett, Interim Director of Planning and Development, reviewed the request for Windsor Oaks. She provided information on the location map and background information on the property, criteria for approval, and notification map. The Planning and Zoning Commission as well as staff recommended approval. The Mayor opened the public hearing. Randall Smith, representing applicant, spoke in favor. The Mayor closed the public hearing Council Member Hawkins motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No. 2015 -106 F. ID 15 -255 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for Youth/Teen Programs administered by Denton's Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b) (14); and providing an effective date. The Parks, Recreation and Beautification Board recommend approval 7 -0. Kathy Schaeffer, Program Area Manager, stated that a public hearing was required by the Texas Human Resources Code in order to adopt the Standards of Care for the City's Youth/Teen Program. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing City of Denton City Council Minutes April 7, 2015 Page 24 Council Member Roden motioned, Council Member Ryan seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. G. ID 15 -262 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating portions of certain retail establishments, public buildings, and food establishments as nonsmoking areas; providing notification requirements; prohibiting smoking in designated nonsmoking areas; providing exceptions; providing penalties; providing a severability clause, repealing ordinance 2012 -367, and any other ordinance in conflict herewith; and providing for an effective date. Lindsey Baker, IGN /PIO, presented the details of the item. She noted that the City had received much feedback from the public regarding the proposed revisions. The City Manager's Office had received 60 phone calls, 3 emails in favor of the smoking ban plus other individual emails. Most of the emails were unique senders with some of them repeat senders. She reviewed the current ordinance, the draft ordinance provisions and a discussion of definitions. The proposed ordinance would (1) add bars to the smoking ban and remove that exception, (2) prohibit E -cigs in all non - smoking locations; (3) prohibit the sale of E -cigs to minors, (4) prohibit smoking within 30 feet of parks and recreation facilities, (5) prohibit smoking within 30 feet of public entrances where smoking was prohibited, (6) defined E -cigs vape shops and (7) extended the exemption to vape shops. She reviewed the definitions for patio, cigar bar and tobacco and vape shops. Council Member Roden asked about the definition of patio and if there were any suggested changes to it. Baker reviewed the current definition of patio as well as the definition from Richardson and Ohio. Council Member Roden suggested changing the definition of outdoor space to one that generally was used for dining or recreation that adjoins a building and typically contained an improved surface. Council Member Gregory stated that in a prior discussion, there was a bingo parlor that had had asked for a 3 year extension to provide for the solid physical barrier. The current ordinance also provided for 3 years to build a barrier for the effective date of the new ordinance. He felt that was not the intent and that the intent was to have the conversion completed by 2016. The proposed ordinance would need to be adjusted to not give another 3 years to complete. Baker reviewed Cigar Bar as defined in the current definitions. Council Member Johnson stated that if a cigar bar was going to be defined with percentages he had no clue on what would be appropriate for percentages. Baker stated that the wording was recommended by the American Heart Association but was not included in the Denton ordinance. City of Denton City Council Minutes April 7, 2015 Page 25 Council Member Gregory stated that with percentages for enforcement, the City would have to audit books regularly or on a complaint basis. Baker stated that the tendency was to do it on a complaint basis but with the new ordinance with new standards a base line might have to be set. Council discussed the concept of percentages for a cigar bar, the clarification of humidification systems for cigar bars and whether a permit was currently issued for a cigar bar. Baker continued with the definition of tobacco /vape shop, reviewing the current definition and the American Heart Association recommendation. City Attorney Burgess stated that Council should work off the documents in the agenda backup and not off the redlined version. In terms of the percentages issue, the ordinance was criminal in nature and violations would be criminal. As Council moved forward on the enforcement issues there would have to be proof beyond a reasonable doubt of all of the elements. With these kinds of percentages, the evidence would include an audit from the business. As Council thought about enforcement and how to prove the elements it should be remembered that the burden would be to prove beyond a reasonable doubt which without a warrant or the cooperation of the business would be difficult. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Korey Stamp, 2121 Stella St., Denton, 76201 — support Council Member Hawkins asked Stamp if he felt that he had to work in a smoking environment or could he go somewhere else to work. Stamp felt that he could not leave due to job conditions because when you start out as a door person and move up through the ranks, it could take years if you had to go somewhere else to start over. Travis Barton, 613 W. Hickory St. Apt. 4, Denton, 76201 - opposed Susan Vaughn, 1330 Phoenix, Denton, 76205 - opposed Charlie Nolet, 119 W. Hickory St., Denton, 76201 - opposed Council Member Ryan asked Nolet if he would be in favor of posing a sign on the door of his establishment regarding smoking. Nolet replied that he already had a sign posted. Council Member Johnson stated that this was a complicated issue on both sides and questioned Nolet what percentage of his employees smoked. City of Denton City Council Minutes April 7, 2015 Page 26 Nolet replied probably more than 50 %. There were only a few bars left that allowed smoking and they were containing the smoke in an area rather than outside by non - smokers. Lloyd Banks, 1009 Ave C., Denton, 76201 - opposed Daniel Davis, 1717 Oak Tree Dr., Denton, 76209 - opposed Nancy DiMarco, 8425 Stallion, Denton, 76208 - in support of the ban Council Member Hawkins questioned DiMarco where the government role was in health issues. DiMarco stated that if someone chose to smoke that was their choice. The problem was when it overlapped on someone's inability to choose. Michael Hennin, 724 Thomas St., Denton, 76201 - in support Joe Pat Hennin, 3324 Brooke St., Denton, 76207 - in support Council Member Johnson stated that bartenders had choices on whether to work in a smoking environment but entertainers did not always have those choices. He questioned Hennin regarding the percentages of bars he performed that allowed smoking. Hennin stated that he made a choice and rarely played at a smoking bar. However, there were those who could not make that choice. Most of his colleagues preferred a non - smoking environment. Haile Gibbs, 2532 Plain Trail, Haslet, 76052 - in support Kelsey Burnstein, 8202 Polar Dr., Austin, 78757 - support Council Member Engelbrecht questioned Burnstein in terms of how many other cities had percentages for cigar bars. Burnstein stated that the Dallas ordinance had percentages did as well as the Plano ordinance. Christopher Walker, 805 Emery St., Denton, 76201 - support Patricia Marciatto, 2011 Tori Oak Trail, Corinth, 7610 - opposed Kay Kamm, 8900 John W. Carpenter Fwy., Dallas - support John Bain read a statement provided by Dr. Masciarelli - opposed Dr. Hershel Vorhees, 1334 Ruidosa Ct., Denton, 76205 - support Pam Gibbs, 2020 Kendolph, Denton, 76205 - opposed but support not selling E -cigs to minors Jennifer Gibbs, 318 W. Congress, Denton, 76201 - opposed Beyonca DeLeon, 615 E. University Dr., Denton, 76209 - opposed Tara Linn Hunter, 118 Bernard, Denton, 76201 - support Alfredo Avila, 2100 Spencer Rd. Apt 510, Denton, 76205 - support Ed Soph, 1620 Victoria Dr., Denton, 76209, in support Comment cards were submitted by the following: Arianna Waitz, 832 Abbots Lane, Denton, 76205 — opposed Calvin Lang, 2120 Mitchell, Krum, 76240 — opposed City of Denton City Council Minutes April 7, 2015 Page 27 Paul Rogers, 4181 Silver Dome, Denton, 76208 — opposed Maegan Baugh, 2106 Preston, Denton, 76209 — opposed Blake McDaniel, 3405 Cactus, Denton, 76201 — opposed Scott Williams, 7911 Airfield, Sanger, 76266 — opposed Matthew Woods, 1604 N. Ruddell, Denton, 76209 — opposed Charlie Nolet, 708 Thomas St., Denton, 76201 - opposed Edgar Kautsch, 1606 E. McKinney, Denton, 76201 - opposed Christina Jones, 325 E. Windsor, Denton, 76208 - opposed Katlyn Woodruff, 1408 Teasley Ln. 43914, Denton, 76205 - opposed Buddy Rowe, 700 Coronado Dr., Denton, 76209 Lindsey T., 708 Thomas St., Denton, 762014 — opposed Laura Crow, 3232 N. Locust 4715, Denton, 76207 - opposed Estaban Rameriz, 2917 Croydon St., Denton, 76209 - opposed Taylor Haywood, 195 Rosewood Drive, Denton, 76227 - opposed Casey McGowen, 990 West Highland St., Denton, 76201 - support Adam Arnold, 318 W. Congress St., Denton, 76201 - opposed Carey Bilyeu, 2019 N. Locust, Denton, 76209 - opposed James Bostick, 1610 Highland Park Rd., Denton, 76205 - opposed Colette Johnson, 3911 Morse St., Denton, 76208 - support Keely Briggs, 3108 Broken Bow, Denton, 76209 - opposed Kamon Conner, 908 N. Austin St., Denton, 76201 - support Jaqulyne Coleman, 908 N. Austin St., Denton, 76201 - support Ellen Painter, 909 Garnet Cove, Oak Point, 75068 - support Megan Gibbs, 160 E. Vista Ridge Mall Drive 4316, Lewisville, 75067 - support Laura Valentino, 3815 Stuart Rd. Apt 36, Denton, 76209 - support Elizabeth Wachira, 1017 Canyon Drive, Justin, 76247 - support Anna Olson, 2320 Taylor Street 423312, Dallas, 75201 - support Donald Poer, 1716 Eagle Dr, Denton, 76201 - support Melissa Poliseno, 2609 Loon Lake Rd, Denton, 76210 - support Scott Poliseno, 2609 Loon Lake Rd, Denton, 76210 - support Taylor Bailey, 811 Welch, Denton, 76201 - support Austin Hendren, 7104 Frost Lane, Denton, 76210 - support Stan Morton, 43 Wellington Oak Circle, Denton, 76210 - support Tabitha Millsop, 501 Denton St., Sanger, 76266 - support Cortney Nicolato, 1840 Meadows Ave., Lantana, 76226 - support Kelly McArthur, 113 Las Colinas Trl, Crossroads, 76227 - support Corey Nunns, 1408 Teasley 4221, Denton, 76205 - opposed Richard Underwood, 615 E. University, Denton, 76209 - opposed Julie Elliott, 1803 N. Elm, Denton, 76201 - opposed Erin Rener, 1508 Morse St., Denton, 76205 - opposed Brook Johnson, 1680 Stanford, Denton, 76210 - opposed Travis Johnson, 1680 Stanford, Denton, 76210 - opposed Sonnie Shelton, 108 W. Oak St. Ste. C, Denton, 76201 - opposed Matthew Clark, 1001 Wintercreek Dr., Denton, 76201 - opposed Ethan Sharp, 1605 N. Ruddell St., Denton, 76209 - opposed Andy Odom, 1208 Piping Rock, Denton - support Kelsey Kinser, 3504 Shadow Trail, Denton, 76207 — support Harrison Wicks, 3111 Darby Lane, Denton, 76209 - support City of Denton City Council Minutes April 7, 2015 Page 28 Additional speakers included: Youvonna Mutzinger 3919 Gayla, Denton, - opposed Rhonda Love, 1921 Hollyhill, Denton — support Jennifer Lane, 1526 Willowwood, Denton - support Buddy Rowe, 700 Coronado, Denton, 76209 — opposed Billy Poer, 1716 Eagle, Denton, 76201 — support Scott Poliseno, 2609 Loon Lake Road, Denton, 76210 — support Council Member Johnson stated that he was having a problem regarding the differentiation of what this was about. If it was about work place safety and the employee who did not have a choice on where to work, it was one thing. If it was about taking an action to reduce the overall smoking rate in the nation and be an overall healthier state, that was another thing. His question to Poliseno was whether the employees at Cigar Frogs mattered. Poliseno stated that it was difficult to determine where to draw the line. It came down to changing social norms and future generations. Council Member Johnson asked Poliseno to respond to his question as he was talking about cigar smoke versus cigarette smoke. He had not found any data that indicated that secondhand cigar smoke was not harmful. So his question was did the employees as Cigar Frogs matter as that business would not be affected by the proposed smoking ordinance. Poliseno stated yes that they mattered and he would rather see the business close than affect the employees. Andy Bostwick, 1610 Highland Park Road, Denton - opposed Lynn Taylor, 119 W. Hickory, Denton - opposed Scott Campbell, 420 Sherman Drive, Denton — opposed The Mayor closed the public hearing. Mayor Pro Tem Engelbrecht stated that a comment had been made that secondhand smoke was harmful but people wanted to make their own choices. He had asked the City Attorney if attempting suicide was an offense. City Attorney Burgess stated that an attempted or successful suicide was not an offense. Mayor Pro Tem Engelbrecht stated that he had asked that question because of the health issue. People had a choice. He had a problem with the comment of a question of choice when it came to public health. Council Member Johnson stated that he was frustrated that the issue was being discussed. Two years ago a citizens advisory committee spent time considering the issue and presented a recommendation to Council. There was not a citizen committee to help with the decision on this revision. People had made financial decisions based on the original ordinance. If the ordinance before was to give people time to change their business model, it should have said that. If the City of Denton City Council Minutes April 7, 2015 Page 29 reason was to not have children smoke, then make that the reason. If it's about forcing everyone on the sidewalks then that violated what people have said. If it was about employee safety then what about the employees in the cigar bars and the bingo parlors. If the ordinance was passed, he would like Council to consider a sunset provision to allow those establishments that still permit smoking to have time to reinvent themselves and not put them in a bad financial position. Council Member Gregory stated that at the time the original ordinance was passed, he was on Council and knew that Council had indicated that they wanted to come back and revisit the ordinance. At the time it was passed, there were restaurant owners who had indicated that their businesses would be harmed if smoking was banned. He wanted to hear from restaurant owners if their businesses had been hurt since the passage of the original ordinance. He did not remember a pledge to reform the committee or form a new committee to consider the proposal. He was in favor of a more comprehensive ban to protect citizens. Council Member Ryan stated that he was against the ordinance as it was an infringement against business owner's rights. The process was naturally progressing to non - smoking bars but there was a hitch that served a need. He was on the ad hoc committee two years ago and they were told that the committee would be reconvened when the issue was revisited. He agreed with the provisions regarding the E -cigs. He suggested creating another citizen committee to help work through the issue. Council Member Hawkins stated that it was legal to smoke and it was a personal choice to go into a smoking establishment. It was an individual's choice whether or not to work in a smoking establishment. His love of people's freedom to choose, trumped his dislike of smoking. Mayor Watts stated that he was not able to be present at the meeting two years ago when this issue was voted on. Had he been at that meeting, he would have voted for a complete ban. He did not feel it was necessary to reconvene the committee to take comments on the issue. There had been a lot of discussion on where the line was on personal choice and on government. He supported the ordinance but not to the extent that it would dramatically affect people financially. He would agree with a time to allow business owners to plan for what ultimately would be a complete ban. Council Member Roden questioned that as there were so many elements of the ordinance, would be better to make a motion on each item or make a general motion and accept amendments as they were presented. Mayor Pro Tem Engelbrecht stated if Council was considering a grandfather clause for some of the establishments, maybe as high as 11 establishments, he would suggest holding consideration for a month to see if the four mentioned earlier really went non - smoking. Council Member Roden motioned to adopt the ordinance as presented in the backup with the following changes: (1) change the definition in Section 1 regarding open air patio to an outdoor space generally used for dining or recreation that adjoins a building and typically contains an improved surface. Mayor Watts questioned the use of the word dining as bars that were unable to serve food would not be able to use their outside space as a patio. City of Denton City Council Minutes April 7, 2015 Page 30 Council Member Roden stated that his intent was that if it were an outdoor space, smoking would be allowed. He continued with his motion: (2) delete the section dealing with a 30 foot buffer, (3) pursue a grandfather clause to identify bars that claimed to be smoking and to be identified as such (4) any new bar would have to be under the general terms of this ordinance so Section 2.a.13 would need to be changed to "bars except as otherwise permitted in this ordinance ", (5) change Section 4a to include " an existing bar that has registered with the city of Denton as a smoking bar by a specific date determined by an administrative process ", (6) create an administrative process whereby existing bars can register as a smoking bar with requirements to include the bar must have been an existing bar at the time the ordinance was amended, must not allow admittance to persons under the age of 18, must provide signage created by the city of Denton identifying them as a smoking establishment and must not allow live music performances. Council Member Johnson stated that if the goal for the grandfathering was to not harm the businesses, if a bar had a patio, would they not be grandfathered. Council Member Roden stated that the intent was that as there were a certain number of existing smoking bars at this point, that number would be maintained until the grandfathering condition expired. Council Member Gregory questioned what a sunset provision would include as opposed to the grandfather provision. Council Member Roden suggested that he complete his motion and then Council could have discussion. He continued with his amendments: (7) add to Section 5.a "Signage" requiring smoking bars to have a sign at the entrance identifying them as a smoking establishment; (8) include wording in the cigar bar definition a type of humidor to make it a full fledge cigar bar rather than not. City Attorney Burgess asked about the motion as it related to Section 2 where there was smoking prohibited in certain locations. She questioned the intent as it related to E -cigs. Council Member Roden stated they would be prohibited in the same locations as cigarettes. Mayor Pro Tem Engelbrecht asked about whether the distance restriction would be 30 feet from any entrance. Council Member Roden stated that his amendment would strike the entire Section 2.a.21 and not have it there at all. Council Member Johnson questioned if these amendments would force smokers outside the building and would force people going into a non - smoking establishment to walk through smoke. If the smokers were pushed out of the buildings and could smoke within 30 feet of a door, it would only get worse. He would have a problem removing that section completely as it would put smoking out where non - smokers would have to walk. City of Denton City Council Minutes April 7, 2015 Page 31 Council Member Roden stated that his motion would maintain the current situation. There would be no new smoking bars, would freeze the situation of the number of smoking bars and by changing over time that number would be reduced. His motion would not change the distance immediately. Council Member Hawkins stated that he appreciated the grandfather clause but not allowing them to have live music would force them to make a decision on which way to do business. He would not be able to vote on that amendment. Council Member Gregory seconded the motion if Council Member Roden would agree to an amendment to Section 4.a.5 regarding bingo parlors that they would have only have to January 2016 to comply. Council Member Roden accepted that amendment to his motion. Council Member Hawkins felt that existing bars should be able to have live music. City Attorney Burgess requested clarification on the grandfathering issue in terms of what would trigger the end of grandfather period whether that would be a change of use from a bar to another use, a change in ownership, or a specified a period of time. Council Member Roden suggested including the first two provisions recommended in the grandfathering whichever came first. Council Member Ryan stated that he would not agree with banning live music. He stated that he would like to table the proposal so as to be able to see the changes as suggested. He would like to motion to table with an amendment to allow live music. Mayor Watts stated that he was uncomfortable approving the ordinance at this time without having an opportunity to discuss in a Work Session all of the amendments suggested. Council discussed whether to continue the item, continue discussion at this meeting, and what the process would be when reviewing the ordinance as amended. Council Member Ryan motioned, Council Member Hawkins seconded to continue the ordinance until a draft was ready for review in a Work Session. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. H. A15 -0012 Hold the first of two public hearings to consider the annexation of approximately 678.49 acres of land contained in eight of the fifteen annexation areas, which received a Non - Annexation Agreement in 2010, and do not comply with the exemption requirements in the Texas Local Government Code Chapter 43.035 or did not execute a Non - Annexation Extension Agreement. Four annexation areas consist of approximately 508.79 acres, generally located in northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1, and are identified as PAAl, City of Denton City Council Minutes April 7, 2015 Page 32 PAA2, PAA3, and PAA4. The remaining four areas include approximately 169.70 acres of land, and are unincorporated ETJ pockets located within the body of the City of Denton's corporate limits, and identified as DH2, DH3, DH4, and DH 11; providing for severability and an effective date. Aimee Bissett, Interim Director of Planning and Development, stated that as part of the annexation initiative in 2010, the City Council approved several ordinances for Non Annexation Agreements (NAAs) in annexation areas referred to as DHI, DH2, DH3, DH4, DHS, DHII, DH14, PAA1, PAA2, PAA3, PAA4. The agreements were approved for five years and had cessation dates of February 9, 2015 and March 2, 2015. In 2014, City Council directed staff to offer a one year extension to the original agreements. Pursuant to the Texas Local Government Code (Tx.LGC) Subchapter B Section 43.035, properties that continued to meet the stated criteria of agricultural, wildlife management or timberland uses were offered a Non - Annexation Extension Agreement. Each property owner received by certified mail a Non - Annexation Extension Agreement with a cover letter explaining their options and deadline date. In total, about 130 agreements were signed and notarized for approximately 183 properties. The signed Non - Annexation Extension Agreements were approved by City Council on March 3, 2015. However, there were nearly 12 properties from 2010 that no longer complied with the exemption requirements, and approximately 40 properties that met the exemption requirements status but did not execute the Non - Annexation Extension Agreement. These properties encompass roughly 701.35 acres of land in the following annexation areas: DH2, DH3, DH4, DHS, DHII, PAA1, PAA2, PAA3, and PAA4. She reviewed the areas for this annexation, and the provisions of the services from the service plan. Staff was recommending approval. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Debra Cottle, 480 Hickory Creek, Krum, 76249 — spoke in opposition Ladonna and Larry Pockrus, 7080 Wolf Run, Ponder, 76259 — spoke in opposition Pat deBaca, 9861 Jim Christal, Krum, 6249 — spoke in opposition Robin Gregory, 491 Hickory Creek, Krum, 76249 — spoke in opposition A comment card was submitted by John Duncan, 1000 S. Mayhill, Denton, 76202 in opposition. The Mayor closed the public hearing. No action was required on this item at this time. L DCA14 -0009f Continue a public hearing and consider adoption of an ordinance amending Subchapters 5, 7, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; amending Ordinance No. 2013 -248, relating to planning and development fees and road damage remediation fees relating to gas well drilling and production activities; adding new Subchapter 22A to the Denton Development Code, relating to Oil and Gas Pipelines, Definitions, Procedures; providing a cumulative clause; providing a severability City of Denton City Council Minutes April 7, 2015 Page 33 clause; providing for a penalty; and providing for an effective date (DCA14- 0009f). The Planning and Zoning Commission recommends denial (4 -3). A supermajority vote by City Council is required to adopt a motion to approve this ordinance. Mayor Watts stated this was a continuation of the public hearing and Council would take public comment at this time. Chance Wilson, 1209 CR 1304, Bridgeport, 76426 — spoke in opposition Comment cards were received from the following: Harrison Wicks, 3111 Darby Lane, Denton, 76207 — opposed James and Elizabeth Fagan, 3304 Woodthrush, Denton, 76209 — opposed Council Member Gregory motioned, Mayor Pro Tem Engelbrecht seconded to continue the public hearing to the Council's April 14, 2015 meeting. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. 8. CITIZEN REPORTS There were no citizen reports for this section of the agenda. 9. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda.. Council Member Ryan requested information on ways to encourage slower traffic on Oak/Hickory near Bell Avenue. Council Member Ryan requested a report to the Committee on Citizen Engagement concerning the Rapid SOS software in terms of cost and what it did. City of Denton City Council Minutes April 7, 2015 Page 34 Mayor Pro Tem Engelbrecht requested a better explanation of the purpose and promotion of the red light cameras. B. Possible Continuation of Closed Meeting of Closed Meeting topics, above posted There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned at 3:15 a.m. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 14, 2015 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 14, 2015 at 1:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tern Engelbrecht, Council Member Gregory, Council Member Hawkins, Council Member Johnson, Council Member Roden, Council Member Ryan, and Mayor Watts. ABSENT: None. Work Session Reports A. SI15 -0005 Receive a report, hold a discussion, and give staff direction regarding amending Section 169.18 Separation and Setbacks of Chapter 13 - Food and Food Service Establishments of the City of Denton Code of Ordinances. Rodney Patterson, Building Official, presented information concerning the amendments. He noted that topics for discussion would include food truck separation and food truck parking on city rights -of -way and city property. He reviewed the history of distances recommendations. The current recommendation was 12 feet separation from buildings, 10 feet side to side separation between trucks and 5 feet front to back separation between trucks. Building Inspections staff had met with the Fire Marshall to formulate proposed separation distances. Mayor Watts asked if the 10 foot separation include tables and chairs. Patterson stated if it was reasonable to be able to clear the area of tables and chairs, it would be allowed but not if they were heavy tables. Fire Marshal Behrens stated that the 10 foot distance was required by code for consumable materials but wooden materials would have to keep at the 10 foot separation. Council Member Roden stated that provisions for a food truck park had not been created yet as a use. Whatever rules were adopted would apply for a future food truck park. Paterson stated that was correct. Council Member Hawkins questioned if the distance requirements would be met if a truck was parallel to a fence with 10 feet on the other side. Patterson stated that would be an obstruction and would not be allowed. Behrens stated that they were looking at access and safe distances from combustible materials. Council Member Gregory asked if the five feet back spacing would apply if a truck parked on a street and was 5 feet from another car or vehicle. Patterson stated yes it would apply for fire safety. Patterson continued with on- street parking for food trucks. Meetings had been held with internal staff consisting of Building Inspections, Planning, Police, Fire and Economic Development to City of Denton City Council Minutes April 14, 2015 Page 2 look at possible locations for on- street parking of food trucks. Staff also met with Legal to determine licensing of units and appropriate fees for the use of City property. Building Inspections staff also held preliminary meetings with Engineering. Council discussed current parking on streets and whether the food trucks might be in violation of current regulations. A discussion at a prior meeting was to allow on- street parking until permanent regulations were developed. Council Member Johnson felt that there was not a lot of public input on the trucks parking on streets. There was not much opportunity for restaurants to provide input regarding parking near current restaurants. His concern was that the City had worked hard to create a thriving Downtown and needed more discussion in order to allow food trucks to park on city streets and compete with those who had made considerable investment in their businesses. Council Member Roden asked if whether in the past year Council Member Johnson had seen food trucks in front of existing restaurants competing with those types of establishments. Council Member Johnson stated that right now, if they were following the law, the trucks would not be doing it. As a City they should not encourage or allow it to happen. He understood the need for food trucks but was concerned with the tracking of sales tax, health inspections, etc. He understood the emerging business but did not want to allow them to park on a street. He questioned the purpose of the food truck, what the risk was and what the benefit was. The risk was the hurting of those businesses paying their own way. The reward was more food options but he did not them to have a competitive advantage over established restaurants. Council Member Gregory stated that in prior discussions trucks would be allowed to set up in parking lots and have access to sidewalks. Restaurants did not lose business to the food trucks. He felt this was a fear that did not evolve. Council Member Hawkins stated that as policymakers, Council passed ordinances when they might be worried about something that possibly might happen such as building inspection issues. He was worried that as a restaurant owner someone might pull up in front of his business and compete with him. Council Member Johnson asked for information on the amount of sales tax paid and the health inspection status of the food trucks compared to existing restaurants. Patterson presented proposed locations for the food trucks and reviewed currently used locations. Potential opportunities on Locust and Walnut, Oak Street, near City Hall West, and Hickory and Carroll were presented. Next steps in the process were to determine Council desired target location, meet with Engineering to determine feasibility and cost of each location and determine permit costs and duration. Once the preferred locations were determined staff would take them to the truck operators and established restaurants for discussion. Council Member Roden stated that he was concerned about the City determining the locations. The nature of the food trucks was to gather near larger public gatherings. Another approach might be to declare that in certain areas no food trucks were allowed such as in the immediate Square area and the angled parking in the Hickory corridor. Outside of that, create a maximum City of Denton City Council Minutes April 14, 2015 Page 3 number of street parking permits for any given month/week or special events and let it develop from there. Council Member Gregory stated that he was not a fan of trucks parking on streets to do business because of issues such as reimbursement of a city facility. Rather than the City picking out spots a brick and mortar with a food truck would apply to the City for a food truck parking spot. The City would need to be reimbursed for that spot similar to a loading zone permit. Some businesses were building spaces on their property for the trucks. Council Member Ryan stated that he would rather say where the trucks could not go over saying where they could go. There was an opportunity through fees for a private /public partnership such as at the DCTA station. For locations near established restaurants a suggestion would be to look at hours of operations such as when the established location was closed. He also noted that some of the proposed areas might have issues with lighting and sidewalks. Mayor Pro Tem Engelbrecht stated that larger cities had food trucks on public streets but he did not know how they were permitted or whether they were in areas where there were no other immediate restaurants. He felt further investigation was needed on university policies in regards to allowing food trucks on university property. He suggested also looking at the time between the closing of restaurants and the closing of bars. Council Member Johnson questioned why the City would take an action that would give someone else who sells food in a truck an advantage over someone who made a sizable investment in the City. Council Member Roden felt that citizens had overwhelmingly asked for food trucks. In terms of sales tax auditing he questioned if that would be done for existing locations or just for food trucks. Bryan Langley, Assistant City Manager, stated that the Comptroller's Office performed the audits. The City did not do those. Council Member Johnson stated that he would like to know how many trucks were registered, how much they were paying and the total aggregate amount paid. He was not familiar with the number of citizens who wanted these but the proposal today was whether to park on city streets. Mayor Watts expressed a concern about the trucks being on public streets. Parking was scarce in the Downtown area and trucks parking on the street would be taking more spaces. The locations on public streets in the Downtown area was his major concern as using any of the proposed locations would be taking away parking locations that were needed. He requested more information on how many parking locations would be taken with the proposed locations. Mayor Pro Tem Engelbrecht suggested considering food truck events as they were very successful and investigate food truck fairs in between other events. Council Member Hawkins stated that he wanted to make sure they were looking into how this would affect established restaurants so as to not harm them as they were the backbone of the City. City of Denton City Council Minutes April 14, 2015 Page 4 Consensus of the Council was that they were in favor of the setback distances. More work was needed on the food trucks parking on the streets. Mayor Watts suggested status quo with parking on the streets until the issue was resolved. Council Member Gregory requested an Informal Staff Report on food truck itineraries. Council Member Johnson stated that he was comfortable with the current ordinance and unless there was a consensus to change it, keep it as it currently was. Mayor Watts stated that the Council's recommendations were that predetermined parking places were not an option, identify areas that were off limits and where they might be allowed. If parking was allowed on the streets, prepare data on where the trucks were going, where the trucks would park with the itinerary options and where acceptable areas might be located. B. ID 15 -294 Receive a report and hold discussion on the Land Use Assumptions and 10 -Year Capital Improvements Plan related to the implementation of Road Impact Fees. PS Arora, Wastewater Division Manager, stated that the presentation overview would include (1) current DDC road exactions and requirements, (2) what was an impact fee, (3) DDC and impact fee comparison, (4) basic impact fee methodology, (5) land use projections and capital improvements plans, and (6) impact fee procedures. Current DDC Road Exactions - new developments or higher intensity uses in an existing development created additional traffic. To accommodate this additional traffic, the proposed development needed to pay for necessary road improvements. This resulted in exactions for road improvements per the DDC. He reviewed the current DDC requirements for perimeter street improvements in terms of unimproved streets and new perimeter streets as defined by the Mobility Plan. The current DDC requirements for sidewalks, offsite street improvements, signal cost participation, and proportionality assessment were also presented. A question to consider was in lieu of the current road exaction process was there a better way to recover these costs. Many cities in the Metroplex had adopted roadway impact fees. An impact fee was a one -time charge assessed to new development for a portion of costs related to a specific capital improvement program. It was a mechanism for funding the infrastructure necessary to accommodate new development in terms of funding of certain new facilities or expansions or recoupment of certain capital improvement costs. Impact fees allowed cities to recoup a portion of the cost of providing infrastructure improvements necessary for new growth; ensured that fees were spent in the area where the development was located; provided a systematic, structured approach to assessment of fees; and facilitated growth paying for growth. The items payable with impact fees and items that could not be paid with impact fees were reviewed. The current DDC qualifications and the proposed impact fee qualifications were compared. In addition, the basic methodology for impact fees City of Denton City Council Minutes April 14, 2015 Page 5 which included service areas, land use assumptions and capital improvements plan was presented. Impact fee service areas were areas to be served by an Impact Fee Capital Improvement Plan. Roadway service areas were limited to six miles by State law and money collected in each Service Area must be spent on Impact Fee Capital Improvement projects in that Service Area. An Impact Fee Service Area Map with various zones throughout the City was provided. Funds collected in one area had to be spent in that area but not at a particular address. Land use projections fully coordinated with the Planning Department and the Denton 2030 Comprehensive Plan update. Development of a 10 year Roadway Impact Fee Capital Improvement Plan was required per Chapter 395 of the Texas Local Government Code. To accomplish this, the current Denton Mobility Plan had been updated using a Denton Specific Travel Demand Model. In order to optimize future flexibility, all capacity improvements included in the Mobility Plan were included in the Roadway Impact Fee CIP and would be eligible to utilize impact fee funds. Capacity improvements could include the addition of lanes, intersection improvements, or the extension of a new road. Impact Fee Procedures — Council needed to approve a resolution to consider impact fees. A Capital Improvements Advisory Committee needed to be appointed. In addition, land use assumptions, CIP and impact fee recommendations were needed for the Committee. Public notices of hearings had to be published 30 days in advance with reports available to the public. The specifications for the public hearings and adoption were reviewed. Mayor Watts felt there needed to be a discussion on whether to keep the Planning and Zoning Commission as the Capital Improvements Advisory Committee. Arora stated that staff was seeking direction on the implementation schedule and whether presentations to any other organizations besides the Developers Committee were needed. C. ID 15 -298 Receive a report, hold a discussion and give staff direction regarding an Interlocal Cooperation Agreement with Denton County Emergency Services District 1 (Argyle ESD) for firefighting and emergency medical services. Robin Paulsgrove, Fire Chief, stated that the objective of this discussion was to develop a strategy that addressed fire protection and the associated impact on insurance rates, along with EMS responses. It was validated that there was an area in Denton that had a different Insurance Services Office (ISO) rating from the core City area. Robson Ranch had a higher rating due to its distance from current stations. At a prior meeting he had presented information that discussed partnering with Denton County EDS 1 (Argyle EDS) for a proposed location nearer Robson Ranch. An additional recommendation was to establish a medic unit at Station 7. Parameters included in a partnership with Denton County ESD 1 were (1) provide first response though a contract for cost participation with the DC EDS 1, (2) utilize a formula in which the city's contribution diminished over time, (3) provide an exit clause to respond to changing needs and opportunities, and (4) utilize the Argyle station location in a future petition for an ISO rating revision. City of Denton City Council Minutes April 14, 2015 Page 6 He reviewed the service timeline that projected the steps in the project. The partnership with the Robson Communities would have a diminishing amount in the first four years to help out with higher Denton contributions. The costs associated with a medic unit for Station 7 were reviewed. Recommendations included (1) enter into a contract with Denton County EDS 1 in April 2015, (2) enter into a Letter of Agreement to order an ambulance in April 2015, (3) propose an additional city medic unit at Station 7 in 2015 -16 budget, (4) initiate a multi -year plan in the Denton Fire Department to prepare for an ISO 2019, (5) reinvigorate strategic relationships with county mutual and automatic aid partners and (6) participate in City's Cole Ranch and Hills of Denton development process. Council discussed the provisions of the contract and the terms associated with the proposal, costs of the facility, and the funding for a medic and ambulance. They also discussed the ISO rating from the core of the City versus Robson Ranch. Consensus of the Council was to proceed with staff recommendations. 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. Mayor Watts stated that the Denton Housing Authority had requested support for vouchers for homeless veterans. He requested a Work Session or a resolution for Council to approve this request of support. Council Member Roden requested that the Leadership Denton presentation be made to the Mobility Committee or full Council. Mayor Pro Tem Engelbrecht asked that the issue of employees parking on the Square be investigated. Council Member Gregory stated that the Leadership Denton research dealt with people's perceptions regarding parking on the Square. He would like to have information regarding the reality of parking on the Square. City of Denton City Council Minutes April 14, 2015 Page 7 Council Member Hawkins asked that the cost of a parking garage be included in any Work Session discussion. Following the completion of the 2nd Tuesday Session, the City Council convened in a Closed Meeting at 4:43 p.m. to consider specific items listed below under the Closed Meeting section of this agenda. Closed Meeting: A. ID 15 -181 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests generally located in Denton, Denton County, Texas, N. Bonnie Brae St and Emery Dr to N. Bonnie Brae St and Riney Rd., for the construction, expansion and use of electric power transmission lines. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. [Bonnie Brae to North Lakes TM line] B. ID 15 -182 Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072. Receive information from staff pertaining to the acquisition of real property interests related to the proposed expansion and reconstruction of Locust Substation generally located South East of Fort Worth Drive & West Collins Street, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and /or condemnation of parcels of real property near the aforementioned location and more particularly described as: Lot 1, Block A of Garcia Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in document No. 2009 -168 of the plat records of Denton, County, Texas. C. ID 15 -206 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests generally located in Denton, Denton County, Texas, East of Loop 288 and Spencer Rd to Pockrus Page Rd and HWY I- 35E., for the construction, expansion and use of electric power transmission lines. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative City of Denton City Council Minutes April 14, 2015 Page 8 proceeding or potential litigation.[Pockrus to Spencer TM line] D. ID 15 -223 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests in the E. Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas, and being generally located in the 900 block of W. Collins Street (Block 4, Hillside Addition, City and County of Denton, Texas). Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. [DME Eagle substation - No action item assoc.] E. ID 15 -300 Consultation with Attorneys -Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice - versa; current and proposed extension to moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; 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 ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D- 1- GN -14- 004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14- 09833 -431 currently pending in the 431st District Court of Denton County regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. F. ID 15 -321 Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the City Attorney, Municipal Court Judge, and City Manager. This item was considered after the completion of the Special Called Meeting. G. ID 15 -330 Consultation with Attorneys - Under Texas Government Code Section 551.071; City of Denton City Council Minutes April 14, 2015 Page 9 Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072. Discuss, deliberate and receive information from staff and provide staff direction regarding a development located in the 2800 block of Fort Worth Drive a portion of which is located within a floodplain where a public discussion of these legal matters would conflict with the duty of the City Attorney's to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. Special Called Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. Public Hearings Ordinance No. 2015 -107 A. SI15 -0010 Hold a public hearing and consider adoption of an ordinance to amend Ordinance No. 2014 -137, as amended by Ordinance Nos. 2014 -192, 2014 -276, and 2015 -103, to extend for an additional one hundred and nineteen (119) days, or such other reasonable date, the moratorium on the acceptance, processing, and approval of certain applications for gas well permits within the corporate limits of the City of Denton, Texas, and on applications for specific use permits, site plans, development plans of any nature or type, including applications for amendments to approved or pending gas well development plats, and on applications for Fire Code operational permits, as they relate to gas well drilling and production activities, subject to certain exemptions; providing a cumulative clause; providing a severability clause; and providing an effective date. Darren Groth, Gas Well Administrator, presented the details of the moratorium and the dates of the prior extensions. The current moratorium would expire on April 21, 2015. A revised draft set of regulations had been posted to City's website on March 30th to allow the public an opportunity to review the proposed regulations. Currently there were two bills in the Texas Legislature with the potential to adversely impact the draft set of regulations. If approved it would not happen before the current moratorium ordinance expired. An extension was necessary to allow staff sufficient time complete the proposed regulations. The Mayor opened the public hearing. Comment cards were submitted by the following: Michael Hennen, 724 Thomas, Denton, 76201 - in favor Ed Soph, 1620 Victoria, Denton - in favor Rhonda Love, 1921 Hollyhill, Denton - in favor The Mayor closed the public hearing. City of Denton City Council Minutes April 14, 2015 Page 10 Council Member Gregory motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. B. DCA14 -0009g Continue a public hearing and consider adoption of an ordinance amending Subchapters 5, 7, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; amending Ordinance No. 2013 -248, relating to planning and development fees and road damage remediation fees relating to gas well drilling and production activities; adding new Subchapter 22A to the Denton Development Code, relating to Oil and Gas Pipelines, Definitions, Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14- 0009f). The Planning and Zoning Commission recommends denial (4 -3). A supermajority vote by City Council is required to adopt a motion to approve this ordinance. Mayor Watts announced that this was a continuation of a prior public hearing. There were no speakers for the public hearing. Council Member Ryan motioned, Mayor Pro Tem Engelbrecht seconded to continue the public hearing to the Council's June 16th meeting. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Council returned to the Closed Meeting at 7:00 p.m. to consider Closed Meeting Item F. The Council returned to Open Session and with no further business, the meeting was adjourned. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON TEXAS City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: Al 5-0013, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: Jon Fortune Date: June 2, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015 -063 providing for acceptance of additional eligible non - annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH -3 of approximately 421 acres located on the south side of Spring Side Road, north, south and west of Corbin Road, West of I -35 and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A15 -0013) BACKGROUND The Denton Plan, adopted in 1999 called for an aggressive annexation policy. Following this policy, the City of Denton instituted a number of annexations. In 2009 Freese and Nichols was hired to perform an annexation study. In 2010, annexation of large portions of the Extraterritorial Jurisdiction was initiated. As part of the aggressive annexation in 2010 the City Council approved several ordinances for Non Annexation Agreements (NAAs) in areas called DHI, DH2, DH3, DH4, DH5, DH11, DH14, PAA1, PAA2, PAA3, PAA4. The agreements were approved for five years with a cessation dates of February 9, 2015 and March 2, 2015. In 2014, City Council directed staff to offer an one year extension to the original agreement. Pursuant to the Texas Local Government Code Subchapter B Section 43.035, properties with agricultural, wildlife management or timberland uses those properties that continued to meet the stated criteria were offered a Non - Annexation Extension Agreement. Each property owner received by certified mailed a Non - Annexation Extension Agreement with a cover letter explaining their options and deadline date. In total approximately 130 agreements were signed and notarized for approximately 183 properties. On March 3, 2015, Denton's City Council approved these one year extensions. However, upon further evaluation, additional agreements have been offered to various property owners. In adopting the initial NAAs in 2010, the subject properties were exempted from annexation for a period of five years. However, this Non - Annexation Extension Agreement will extend the original agreement for one additional year to expire in March of 2016. OPTIONS City of Denton Page 1 of 2 Printed on 5/28/2015 File M Al 5-0013, Version: 1 1. Accept the Non - Annexation Extension Agreement as prepared. 2. Decline and facilitate the involuntary annexation process. 3. Table this item. EXHIBITS 1. Service Plan for Properties Annexed in 2010 2. Ordinance Respectfully submitted: Aimee Bissett Interim Director of Planning and Development Prepared by: Katia Boykin, CPM Planning Supervisor City of Denton Page 2 of 2 Printed on 5/28/2015 CITY OF DENTON SERVICE PLAN 2010 Annexation L AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAAl, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH -1, DH -2, DH -3, DH -4, DH -5, DH -6, DH -8, DH -10, DH -11, DH -13 and DH -14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b) -(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: L Fire suppression and rescue; 2. Pre - hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emmency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre - arrival First Aid instructions; 2. Pre - hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights -of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAAl, PAA4, DH -1, DH -2, DH -3, DH -4, DH -5, DH -6, DH -8, DH -10, DH -11, DH -13, and DH -14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. 3 Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and /or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and /or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road /street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playgrounds, Swimming Pools M Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. I. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. E s:Alegal \our documents \ordinances\1 5 \dh -3 accepting non annexation agreements - ordinance amendment.doc ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2015 -063 PROVIDING FOR ACCEPTANCE OF ADDITIONAL ELIGIBLE NON - ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH -3 OF APPROXIMATELY 421 ACRES LOCATED ON THE SOUTH SIDE OF SPRING SIDE ROAD, NORTH, SOUTH AND WEST OF CORBIN ROAD, WEST OF I -35, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2015 -063 was adopted by Council on March 3, 2015, which ordinance accepted one (1) year extensions for eligible non - annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH -3; and WHEREAS, since the adoption of Ordinance No. 2015 -063, an additional property eligible for a non - annexation agreement has been brought to the City's attention; and WHEREAS, the owners of the additional property have executed a non - annexation agreement; and WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non- annexation agreement with the eligible property owners; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council hereby approves and accepts the attached properly executed non - annexation agreement, which is labeled as Exhibit "A ". SECTION 3. The City Council additionally amends Ordinance No. 2015 -063 to include said non - annexation agreement as Exhibit "C -9 ". SECTION 4. The City Manager is authorized and directed to sign the non - annexation agreement contained within Exhibit "A ", for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Council's action on same. The City Manager shall further arrange forthwith for the recordation of non - annexation agreement in the real property records of Denton County, Texas. s:Alegal \our documents\ordinances\ I 5\dh-3 accepting non annexation agreements - ordinwice amendment.doc SECTION 5. All other provisions of Ordinance No. 2015 -063 not specifically amended herein shall continue in force and effect; however, the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No. 2015 -063, to the extent of any such conflict. SECTION 6. This Ordinance shall take effect immediately on its passage and approval. AND IT IS SO ORDERED. Passed by the City Council reading this day of , 2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY },f BY: Page 2 CHRIS WATTS, MAYOR EXHIBIT "A" sAlegal\our docunients \miscellaneous \14�iaa extensions \dh -3 \1ynch, wiIIiam K Claudia 37037. 162919, 162917 non - annexation agreement extension.doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON - ANNEXATION EXTENSION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City ") and William Clinton Lynch and wife, Claudia P. Lynch ( "Owners "), the property owners of the hereinafter described property (the "Property ") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties ": Being 2.408 acres of land, more or less, situated in the Jeremiah Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated June 30, 1987 from Kenneth Reese Morgan and Jennifer Morgan a/k/a Jennifer Jopling to William Clinton Lynch and wife, Claudia P. Lynch, filed for record on July 2, 1987 and recorded in Volume 2190, Page 507 of the Real Property Records of Denton County, Texas. Said 2.408 acres of land, more or less, is commonly known as DCAD Property ID 3 703 7; and That property described in deeds to William Clinton Lynch and Claudia P. Lynch, which are recorded at vol. 2190, page 507 and vol. 2981, page 771, of the Deed Records of Denton County, Texas, and commonly known as Tax Parcel Nos. 162919 and 162917, which are attached hereto as Exhibit A, consisting of approximately 6.51 acres of land. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non- annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm - related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single- family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into 2 parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed 9 voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Tenn and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. R Owners William Clinton Lynch i Claudia P. Lynch THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 1— day of , 2015, by William Clinton Lynch. SANDY LAWSON :.= Notary Public, State of Texas =. 'q My Commission Expires .... +; N,;;,;;A� October 07, 2016 THE STATE OF TEXAS COUNTY OF DENTON Xl Notary Public, Staq of Texas This instrument was acknowledged before me on the day of 2015, by Claudia P. Lynch. SANDY LAWS • -'V U °`os_ Notary Public, State of Texas lLQdada'1 r� = My Commission Expires October 07, 2016 Notary Public, State of Texas <J THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of , 2015, by , City Manager /Deputy City Manager /Designated Representative, on behalf of the City of Denton, Texas. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: C, i r� - Y Notary Public, State of Texas After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 WARX"TY,ar[D (WITH- vutoonY WIN Exhibit A ddress: lox 365 -A ;E� 76205 N THE STATE OF TES F RIY RECORDS I co KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 23744 That Hillwood /Hccutchin, Ltd., a Texas limited partnership, 12377 Merit Drive, Suite rf 1600, Dallas, Texas, 75251, ,! (hereinafter callert "Grantor," whether one or more, masculine, feminine or neuter) for and in consideration .� of the sum of TEN and no /100 DOLLARS and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged and the further consideration of the execution and delivery by ' William Clinton Lynch and wife, Claudia P. Lynch, Route 1, Box 365 -A, Denton, Texas, 76205, (hereinafter called "Grant(e;' whether one or more, masculine, feminine or neuter) of one certain note of even date herewith in the principal sum of $ 41,020,00 payable to the order of Grantor as therein provided, which note is secured by a superior vendor's lien retained herein for the benefit of the holdtr(s) thereof and is additionally secured by a deed of trust of even date herewith to Glen M. White trustee(s), upon the property conveyed hereby, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said Grantee all (hat arum real property located in Denton County, Texas and described as follows: BEING 4.102 acres of land, more or less, situated in the 1. Byerly Survey, Abstract Number 1456, and the J. Dalton Survey, Abstract Number 353, Denton County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes; subject to the easements and other encumbrances set forth on Exhibit "B" attached hereto and made a part hereof for all purposes. GRANTOR CONVEYS AND TRANSFERS THE PROPERTY TO GRANTEE "AS IS, WHERE IS, AND WITH ALL FAULTS ", AND GRANTOR DOES NOT WARRANT OR KhKE ANY REPRESENTATION, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY, QUANTITY, CONDITION, SUITABILITY OR FITNESS FOR ANY PURPOSE WHATSOEVER Of THE PROPERTY AND SHALL BE UNDER NO OBLIGATION WHATSOEVER TO UNDERTAKE ANY REPAIRS, ALTERATIONS OR OTHER WORK OF ANY KIND WITH RESPECT TO ANY PORTION OF THE PROPERTY. GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTEE HAS HAD SUFFICIENT OPPORTUNITY TO INSPECT AND INVESTIGATE T119 PROPERTY TO ENABLE GRANTEE TO MAKE GRANTEE'S OWN DETERMINATION WITH RESPECT TO THE i , MERCHANTABILITY, QUANTITY, QUAILITY, CONDITION, SUITABILITY AND FITNESS FOR ANY PURPOSE OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ITS CQ'(PLIANC6 WITH APPLICABLE ENVIRONMENTAL LAWS. {' Itti / /dloHlld /oSKdt lrlddldefJld�b/kdttsEIJAA /�Vf /d ud , Stsi�kda4k�> i6�SlJd�A�Ei11i6�(dJdv4E/�dtVia rlsiliElif+� /aE>'t;Ertrf dl�/ �AKE�ritFlt(dflda:/dt/doEbld / d/ 1f tE/ drlddbl, fiid, C' ofdd>✓ IGi [dJlP,fltdbStfdty /dtbldsditi! TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise betongiug unto the said Grantee, his, her or its successors, heirs and assigns, as the case may be, forever; and Grantor does hereby bind Grantor and Grantor's successors, heirs, executors and administrators, as the cast may ix, to Warrant and Forever Defend all and singular the said premises unto the said Grantee and Grantee's successors, heirs and assigns, as the case may bt, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, t1ircugh or under the unbxsigj)ed by wt otherwise. But it is expressly 2V"d and atipulattd that the aforesaid Vendor's Lien is retained against the above do,- scribed property, premises and improvements until the above described note and all interest thereon are fully paid according to its face and tenor, effect and reading, when this deed &halt become absolute. Granter herein assume the payment of taxes for the current year. � effecf4ve day of May 1{191. Executed Chia HILLWOOD /MC CUTCHIN, LTD, ..,........_ ................__. ....._.._.w......._..__......._ ........... ...... ...... .... ....... .... �_.._..___.�.,__ -_ BYs t1ILLW D,j {OLDING OR�ON ( _...... ._ ...................._......._ _._._�..... __ _ ____ BY - President �A�?!..�M .i , i 'TON. Doe: .00002374405/20/1991. V/P:.2981_771 Page 1 of 5 vn 981 P60772 ACKNOWLEDGMENT TIC STATE OF TEXAS, BEFORE ME, the vhdfrjiKrAd authority, COUNTY OF I in and for said County, Texas, on this day personally appoutel .......... ............ . ....... .......... . ...... ... ........ . I ........ ... know-n to me to be the person whole name ... ...... ..... subscribed to the (ongoing Instrument, and m3cnowltdred to me that ho....._ executed tht ume for the purposes and consideration thcrcin expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This - - - d&y of..__._._— _.__..._... A.D. 12... (L. S.) Notary Public, .......... __...__ ....._.._._..._....._...County. Tew My Commission Expires ACKNOWLEDGMENT THE STATE OF TEXAS, BFFOPX ME, the undersigned authority, COUNTY OF .. _ ........ ..... In and for said County.Ttxas. on this day personally sppeW4 ...... ..... I . .......... .... ..... . . ...... . I ............ ...... . ..... ...... . . ...... ... known to nit tobethe person... whose name ............. subrcribed to the foregoing Instrument, and acknowledged to me that executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE. This.. - ...day CC -------- _ A.D. 19........... (L.S.) . . .. . ................. Notary ..._._.County. Texas My COMM43ion Expires ACENOWLEDGMENT THE STATE OF TEXAS, .1 BEFORE RE, the undersigned authority. COUNTY OF . .. ......... ... - ... .- ... in and for said County, Texas, on this day personally appeared . ... ........................... ... ..... .. .... . .... ......... I ....... . ........ known to me to be the person._. whose name subscribed to the foregoing Instrument, and aciKnowltrigod to me that be_ exrevW the tame for the parpoits and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day cf. A.D. to.- . -... -- Notary Public, ........ ....... _County. Texas My Commission Expires CORPORATION ACKNOWLEDGMENT I THE STATE OF TEXAS, BEFORE ME, the undersigned OuthOrItT, COUNTY OF... .-DALLAS,,,,,_.,._.._._... �`G) �5 In end for said County, Texas, on this day personally APPt".- to tne to be at person and oMctr ' whose Dame is subscribed to the foregoing instrument And acknowledged to me that the "m6 wtu the att of the said H ilBigod Hold ............ i*i��;iioW'__& he executed the same as the act Of sua corporation for flee suit .Id .. lion, tbt.Z expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFF( j va A.D. 19 21 T ) N N to y Public, State 0 Texu _1ANgET'A_iT6ff ILP Ibly C4MMIASTOA EXPIMS Notary Utl- STATE OF TEXAS Myc4mrn.f' 11/93 0 z -4 0 (n i 4TON, Doc: .00002374405/20/1991. V/P: .2981771 Page 2 of 5 CF NO. U- 300492 EXHIBIT "A" 4.102 ACRE TRACT voL298 i PGOM FIELD NOIIS to all that certain tract of land situated in the I. Byerly Survey Abstract Number 1458 and the J. Dalton Survey Abstract Nunber 353, Denton County, Texas and being a part of Tract ilf described in the Deed from Perot Investment Partners, Ltd, to 8tllwood /McCutchin, Ltd. recorded in - Volume 2470, Page 678 of the Real Property Records of Denton County, Texas,, the subject tract being a strip off the North end of the said Tract III and being more particularly described as follows: BECINNINC for the Northwest corner of the tract being described herein at the Northwest c.:ner of the said Tract III at a 1/2 " iron rod found in Underwood Road (approximately 54 feet vide as fenced at this point) 23.4 feet Westerly from a fence corner post so the East side of the road and further being the called West Southwest corner of the said J. Dalton Survey; THENCE South 88 Degrees 57 Minutes 09 Seconds East with the North line of the said Tract III and the South line of the said Dalton Survey, at 389.6 feet an iron rod found for the Southeast corner of the called 2.408 acre tract described in the deed from Kenneth Morgan et ux to Willias Clinton Lynch et ux recorded in Volume 2190, Page 507 of the said Real Property Records bears North 5.43 feet; continuing along the acme course, is all, a total distance of 1186.63 feet to a 1/2 inch iron rod set at an angle point to the North Line of Tract III at a reentrant corner of the said Dalton Survey; THENCE South 89 Degrees 48 Minutes 53 Seconds East eontin4ing along the general course of the the said fence with the North line of the said Tract III a distance of 657.86 feet to the Northern Northeast corner thereof in the West Line of the S. Pritchett Survey Abstract Humber 1004; a 4r boil d'atc fence corner post in concrete on the South bank of Hickory Creek; THENCE South 00 Degrees 08 Minutes 38 Seconds Nest generally along a fence with the East line of the said Tract III and the West line of the Pritchett Survey a distance of 100.00 feet to a i/2 inch iron rod set for the Southeast corner of the herein described tract; THENCE North 89 Degrees 15 Mantes 35 Seconds West severing Tract III and crossing the East line of the Byerly Survey and the West line of the 041too Survey, continuing along the sage course, in all, a total distaaee of 1847.30 feet to a 1/2" iron rod act for the Southwest corner of the herein described tract on the West line of the said Tract III in Underwood Road 23 feet Westerly from the fence on the F.sst aide thereof; THENCE North 01 Degrees 46 Minutes 48 Seconds East with the West line of. Tract III a distance of I00.00 fact to the PLACE OF BEGINNING and enclosing '4, lO2 acres of land. more or less. iENTON. Doc: .00002374405120/1991. VIP: .2981771 Page 3 of 5 i i { �-- _iy+rr .�f4■ Y /r�+r.�rrrsrr,r+aa�faa. �aar.o — _ - - iENTON. Doc: .00002374405120/1991. VIP: .2981771 Page 3 of 5 A VOL2981 PG0734 EXHIBIT "B" 1. Easement and Right of Way from Alma MoCutrhin, et al to Denton - Wise Soil and Water Conservation District, dated December 21, 1966, filed January 12, 1967, recorded in Volume 546, Page 72 of thn Deed Records of Denton County, Texas. 2. Faseme and Right of Way from Alma NcCutchin, et al to Texas Power S light Company, dated May 24, 1968, filed June 18, 1968, recorded in Volume, 568, Page 30 of the Deed Records of Denton County, Texas. 3, Terms and conditions described in T.imitv.d Warranty need from H. R. Perot a /k /a N. Ross Perot to Perot Investment Partners, Ud., dated January 26, 1987, filc>d February 27, 1987, recorded in Volume 2095, Page 354 of the Deed Records of Denton County, Texas. 4. Terms and conditions as described in Limited Warranty Deed from Perot Investment Partners, Ltd. to ttiilwood1Hr.Cut(:htn, r,td., dated August 1, 1988, filed Octohnr 718, 1988, recorded in Volume 2470, Page 678 of the Deed Records of Denton County, Texas. 5. Overhead electric line and buried telephone cable and their appurtenances across the West end of the property, as shown on survey prepared by Coleman s Associates, dated February 26, 1991. 6. That portion lying within Underwood Road along the West property line, as shown on survey prepared by Coleman S Associates, dated February 26, 1991. 7. No liability is assumed by reason of fence protrusion over and beyond the North property line, as shown an survey prepared by Coleman s Associates, dated February 26, 1991. 8. Rights and claims, if any, of adjoining property owner in and to that portion of the herein described property located between the fence and the North property tine, as shown an survey prepared by Coleman S associates, dated February 26, 9. Shortages in area. 10. Standby fees and tares for the year 1991 and subsequent years, and subsequent assessments for prior years due to change in land usage or ovnership. VTON. Doc: .0000237440512011991. V/P:.2981_771 Page 4 of 5 VOL 298 1 PGO I 15 RETURN TO: William Clinton Lynch and Claudia P. Lynch Route 1, Box 365-A Denton, TX 76205 D lg —qL—at 17ILED FOR RECORD— A D, UNTY CLERK REcoRDFD—'A0Z--/-1) TIM H ENTON COUN I "A kki—co TY, TEXAS DULY D DEPUTY .......... )ENTON. Doc: .0000237440512011991. V/P: .2981771' Page 5 of 5 C1 ;r Fri Cj ri C3 CA RETURN TO: William Clinton Lynch and Claudia P. Lynch Route 1, Box 365-A Denton, TX 76205 D lg —qL—at 17ILED FOR RECORD— A D, UNTY CLERK REcoRDFD—'A0Z--/-1) TIM H ENTON COUN I "A kki—co TY, TEXAS DULY D DEPUTY .......... )ENTON. Doc: .0000237440512011991. V/P: .2981771' Page 5 of 5 Wit .. �• � A.141- WARRA\TY DKKn -Will Ymla'• U-. C-111 ..4 C. It.. A,t+,wl. i.— WARTIN BTATIONRRY C•, M,. "1 THE STATE OF TEXAS, ? Know All Men By These Presents: COU.NTV OF..-.. P. .(:RM ......................._ .. 91A1111PEAIY UZIRDS 11989G VOL219N07 "j That we, KENNETH REESE MORGAN and JENNIFER MORGAN aka JENNIFER JOPLJNG of the County of Denton State of Texas for and inconsideration of thestnoof ;<l "' TEN AND NO/ 100------------($ 10. 00)- -------- ---- ------- ------ - - -- -- DOLLARS, : and other good and valuable considerations _i to us paid, and sraved to be paid, by WILLIAM CLINTON LYNCH and wl fe, CLAUDIA P. )mc Na'm LYNCH, the receipt of which is hereby fully acknowledged, and the further considerati of the ASSUMPTION and PROMISE TO PAY by grantees of the balance due and owing on that certain promissory note dated Octnher 73, 1981, in the original principal j sum of $61,500,00, executed by Kenneth Reese Morgan and wife, Jennifer Morgan, payable to the order of Denton Savings Association, bearing interest and payable as therein stipulated, secured by a Deed of Trust of even date therewith to William E. Brady, et al, Trustee(s), for the use and benefit of Denton Savings Association, gj shown of record in Volume 614 „ Page 958, Deed of Trust Records, Denton County, Texas; thereafter assigned to First National Bank of Fort Worth as Trustee for the Denton County Housing Finance Corporation by instrument shown of record in Vol. 1112, Page 440 of the Deed Records of Denton County, Texas; and the sum <l of $15,000,00 advanced by Denton Savings Association, a Texas corporation, at the special instance and request of the grantees and for their special use and + benefit, as a part of the purchase price of the hereinafter described property, the receipt of which is acknowledged by the grantors, same being evidenced by one certain promissory vendor's lien note of even date herewith in the principal sum of $15,000,00, executed by the grantees and payable to the order of said corporation, said note bearing interest and payable as therein stipulated, containing the usual default and attorney's fee clauses, same being additionally secured 1 by a Deed of Trust of even date herewith to William E. Brady et al, Trustee(s). for the use and benefit of said corporation, being shown of record in the Real Property Records, Denton County, Texas; and the said grantees by the acceptance of this deed acknowledge the vendor's lien to exist against the hereinafter described ( (Continued on Reierse Side Hereof) bate Grmted. Fold and Cons eyed, and by these prnrnu do Grant, Shc and Convey unto the $aid 2i WILLIAM CLINTON LYNCH and wife, CLAUDIA P. LYNCH + of the County of Denton Slate of Texas &WWKMKU All that certain tract or parcel of land situated in the Jeremiah Dalton Survey, Abstract 353, Denton County, Texas, being part of a certain 19.051 acre tract described in a deed from H. L. Handley to Jack Pilon on March 9, 1973, recorded S in Vol page, Deed Records of said County, and being more particularly described as follows: j BEGINNING at the West Southwest Corner of said 79,051 acre tract in a public road; THENCE N. 1° 13' 40" E, with the West line of said tract and of said survey in ,., said road 329.30 feet to a corner; THENCE S. 79° 45' 30" E. pass at 35.33 feet, a steel pin in a fence, a total distance of 416 73 feet to a steel pin; l °. THENCE S. 10 13' 40" W. 200.0 feet to a steel pin in a fence on the South Boundary +' line of said 79.051 acre tract and on a South Boundary line of said Dalton Survey; THENCE N. B$" 49' 50" W. with said fence and said Survey line pass at 366.30 ;j feet a fence corner, a total distance of 396.30 feet to the place of beginning, %j containing in all 2.408 acres of land. f SUBJECT TO THE FOLLOWING: y1. a6 cement dated -8 /40, executed by M. C. Powell et ux, M. E. Powell to Texas Power b Light Company recorded in Vol. 281, Page 402, Deed Records, Denton County, Texas. =� 2. Protrusion of property line beyond fence along the West and South as shown by survey dated 8/31/81, by Gary Hammett, RPS. t 3. West portion of property lying within public road as shown by survey made 8/31/81, by Gary Hammett, RPS, __L.. DENTON. Doc: .00003989607/02/1987. V/P:.2190_507 Page 1 of 4 r,•w. Conttnuedl22 9Un�Uttt11 E,�,�jj'nn,��ntyys property'L,'LXit"i5'CBiTplrc� sly understood and agreed that said Denton Savings Association shall be and it is hereby fully subrogated to the same rights, titles, liens and remedies to secure and enforce the payment of the above described note which grantors would have if said note was payable direct to them; and the further consideration of the execution and delivery by grantees of one certain promissory vendor's lien note of even date herewith in the principal sum of ;23,000,00, payable to the order of Jennifer Jopling, said note bearing interest and payable as therein stipulated, containing the usual default and attorney's fee clauses, additionally secured by a Deed of Trust of even date herewith to W, C, Orr, Jr., Trustee, for the use and benefit of the payee or other holder of said note, and recorded in the Real Property Records, Denton County, Texas; TO HAVZ AND TO HOLD the above described premises, together with all and singular, the rights and appurteaances thereto in Anywise belonging unto the said WILLIAM CLINTON LYNCH and wife, CLAUDIA P, LYNCH, their bdrs and assigns forever; and we dohervisybind ourselves, our respective heirs, executors and administrators, to 1i'orrant and forever Defcnd all and singular the said pttmisa unto the "id WILLIAM CLINTON LYNCH and wife, CLAUDIA P. LYNCH, their heirs anal assigns against every person Whomsoever lawfully claiming, or to claim the same, or any part thereof, U 1s understood and agreed that the address of Debtors for sending any aolices required or permitted hcrcundrr or with reysrct to the indebtedness secured hereby and for the records of Dcnefieiarics orany other holder of the indebtedness sccurcd hrrcby isns follows: Route. 11, box 365A „Uontoga.•Texoe,.,76201 ............. ............... .............. ... .....: ..................... and licneficiarics or any other holder nt dM indcbinitus secured hrrcby ahall be entided to rely an suth addtess unbvu Debtors advise fleneftcinrics or any ulher lrnldrr of the hidrldcduea secured hereby of an addreta change by certitird ur rrgisiered mall, return receipt requesttxi addr"wd to Itcnefo•larics a-. fudlows :........................................ ............................... ........... Y..,.A.,.1104.l,a0.],...R.cnk. 911.1... T. Qxuu... 7. 62. Q2 ....................................................... ............................... ............. ......... . .............................................. . ......................... .......... _ .............. ,.......................................... ............1........... or to such other address as Dencnciaries shall have n dcised Debtors by written notice, ecrtifiod mail, return retelpt requested. But it Is expressly agreed and stipulated that the Vender's Lien is retained agairLm the above described prop- erty, premises and Imptovemenis, until the abwce described notes and all Interest thermn are fully baid according to their face and tenor, effect and reading, when this decd -.hail become absnlute. Ivltness our hand it Denton, Texas this 30th day of June A.D. 19 87 iVIIntxsa at Reg4rat of Grantor; i Kenneth "'gees Morgan ....................... ...... ._ ....... ............... .... ............... _ ............. ............... .............................................. � � ... .................`..........ifer J pl... ng .•......_..................... DENTON. Doc: .00003989607102/1987. V/P: .2190507 Page 2 of 4 I VOL AC"0WLEDC5ILNT THE STATE OF TEXAS, DEFOpx MP, the unettraltinex! authority, COUNTY 0'_ In t for uld County, Ttzaa, on tchit day pwrially apfxurd. ..._, . »,....._....._._..., L'Auw- 11, afte to W the per son.S. wbow Aiw.S...ar.e ------ subjctlbtd to the fattitoins Intli initht, and A(knowicidged to M lb4t the Awe lot llw fitrrow and cooddention thettlA trpreuti. GIVEN UNN'.1t NIV IIA.ND AND SEAL OF OFFICE, _.day 0 a of U, NoLity Publi(. to and for the StAft of Tc.u, NAIl9l ALLEN fr*4 pf lify Comen1won THE STATE OF TEXAS, COUNTY OF„-_..__ ...___...__.....__..._....._.._ vil In and lot ON County, Texas, on iblu by N-.Iiy NAOMI AMM authority, a . . . ............. - hn--ft to en, to be fie ritnon-_xbost to the foregoing Intimancrit, and vinowledird to me that he­ et—W the satent lot ilt p.,pow ml ecodd,ftfan thtpinelptragd, GIVES UNDER MY RAND AND SEAL OF OFFICE, (L. S.) ...... . ........ Notary 11.1,11c. in and for (be State of Treat, My CorninLulon .. . . . ............ in, ti s. CORI'MIXTION ACKNOWLEDC111WiT rrl I P" STATE OF TEXAS, REFORF ME, the lundentptd authority, COUNVY is a in - Ad (,, r - W Cwty. Tvu, on th b day I. [wrially i fq,tA red ............ ..... . ........ j i, ... .... ... . ....... .... . ..... ... ..... ........ - "A'an to t'l# to tis lilt lie non and 010(tt •1w, I'A.' It wla,Uhtd 1a the tin'solnit 141114litrut Awl it, Ltlowif-Ijol to lilt I hit the "lilt WA3 Ihe it( of lilt te w ... . ...... . ...... ................... ... ........ . . wi tNt I.0 neeutr.l the unit Ai 1W w of luch (eirltietition for the Purposoo and (oruldtiWon thtntfn eslitreawd, slid la '14 td. lfr (Ilwity flutdA tilted. 01VFN t:N'I)I:R III V HAS D AND SPA, OF OFFICE, 7aL- . . ...... A.D. It ............. ... P Diary Publk, In AAd for Ill# State of Tries. : SlyComn'twon ... . ........... . ......... ... THE STATE OF TEXAS, ....... ..... ...... ........ .. stiff °• ya COUNTY OF_-._.-_._.. ._..__...._ .. . ............... t Cnqmy C1,11. of IN County Could of said County, do hereby (redly that the toettiolos failcutritAt of wtittq ditt4 on the..._._.._..,_ . . .......... A.D. if with IU Cirificill of AutlithUcAllon, wu Alod for word In my oMet nn A.D. 19-1-1-1....' . . ........... K, and wet dilly retarded r dry 61 AD. If...,__.... tt__ ....... Is 44 Record$ of uld County, In Vol. tP ........... . ...... 's$ Any bled and leLl of the Counir c4ull of slid County, it my Ace ........... .. . ..... the day and Fear Ug above wittel, rt (L S.) is a le - Clerk County Coutl__­ ...... Taw Dipmly. v. DENTON. Doc: .00003989607/02/1987. V/P: .2190507 Page 3 of 4 I V ;n M o 01 n:,: "i � �d i I, d W fIN, -',Lm'rom RrCQR0 '6 ** "" - E r DAY DULY AECOADW� eYl. M ��AA Yu S", DENToN CW COUNTY CLERK EPUW TEXAS DENTON. Doc: .00003989607/02/1987. V/P: .2190-5Ul 4 0 I Page 4 of 4 a, V ;n M o 01 n:,: "i � �d i I, d W fIN, -',Lm'rom RrCQR0 '6 ** "" - E r DAY DULY AECOADW� eYl. M ��AA Yu S", DENToN CW COUNTY CLERK EPUW TEXAS DENTON. Doc: .00003989607/02/1987. V/P: .2190-5Ul 4 0 I Page 4 of 4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON Legislation Text File #: Al 5-0014, Version: 1 DEPARTMENT: Planning & Development CM/ ACM: Jon Fortune Date: June 2, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015 -067 providing for acceptance of eligible non - annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA1 of approximately 1,171 acres located on the north side of Tom Cole Road, west of Masch Branch Road, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A15 -0014) BACKGROUND The Denton Plan, adopted in 1999 called for an aggressive annexation policy. Following this policy, the City of Denton instituted a number of annexations. In 2009 Freese and Nichols was hired to perform an annexation study. In 2010, annexation of large portions of the Extraterritorial Jurisdiction was initiated. As part of the aggressive annexation in 2010 the City Council approved several ordinances for Non - Annexation Agreements (NAAs) in areas called DHI, DH2, DH3, DH4, DH5, DH11, DH14, PAA1, PAA2, PAA3, PAA4. The agreements were approved for five years with a cessation dates of February 9, 2015 and March 2, 2015. In 2014, City Council directed staff to offer a one year extension to the original agreement. Pursuant to the Texas Local Government Code Subchapter B Section 43.035, properties with agricultural, wildlife management or timberland uses those properties that continued to meet the stated criteria were offered a Non - Annexation Extension Agreement. Each property owner received by certified mailed a Non - Annexation Extension Agreement with a cover letter explaining their options and deadline date. In total approximately 130 agreements were signed and notarized for approximately 183 properties. On March 3, 2015 Denton's City Council approved these one year extensions. However, upon further evaluation, additional agreements have been offered to various property owners. In adopting the initial NAAs in 2010, the subject properties were exempted from annexation for a period of five years. However, this Non - Annexation Extension Agreement will extend the original agreement for one additional year to expire in March of 2016. OPTIONS City of Denton Page 1 of 2 Printed on 5/28/2015 File M Al 5-0014, Version: 1 1. Accept the Non - Annexation Extension Agreement as prepared. 2. Decline and facilitate the involuntary annexation process. 3. Table this item. EXHIBITS 1. Service Plan for Properties Annexed in 2010 2. Ordinance Respectfully submitted: Aimee Bissett Interim Director of Planning and Development Prepared by: Katia Boykin, CPM Planning Supervisor City of Denton Page 2 of 2 Printed on 5/28/2015 CITY OF DENTON SERVICE PLAN 2010 Annexation L AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAAl, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH -1, DH -2, DH -3, DH -4, DH -5, DH -6, DH -8, DH -10, DH -11, DH -13 and DH -14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b) -(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: L Fire suppression and rescue; 2. Pre - hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emmency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre - arrival First Aid instructions; 2. Pre - hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights -of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAAl, PAA4, DH -1, DH -2, DH -3, DH -4, DH -5, DH -6, DH -8, DH -10, DH -11, DH -13, and DH -14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. 3 Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and /or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and /or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road /street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playgrounds, Swimming Pools M Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. I. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. E sAlegal \our documents \ordinances\1 5 \paal accepting non annexation agreements - ordinance amendment.doc ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2015 -067 PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON - ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAA -1 OF APPROXIMATELY 1,171 ACRES LOCATED ON THE SOUTH SIDE OF JIM CHRISTAL ROAD, THE NORTH SIDE OF TOM COLE ROAD, WEST OF MASCH BRANCH ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2015 -067 was adopted by Council on March 3, 2015, which ordinance accepted one (1) year extensions for eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH -3; and WHEREAS, since the adoption of Ordinance No. 2015 -067, additional properties eligible for non - annexation agreements have been brought to the City's attention; and WHEREAS, the owners of the additional properties have executed non- annexation agreements; and WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non- annexation agreements with the eligible property owners; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council hereby approves and accepts the two (2) attached properly executed non - annexation agreements, which is labeled as Exhibit "A". SECTION 3. The City Council additionally amends Ordinance No. 2015 -063 to include said non - annexation agreements as Exhibits "C -31" and "C -32 ". SECTION 4. The City Manager is authorized and directed to sign the non- annexation agreements contained within Exhibit "A ", for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Council's action on same. The City Manager shall further arrange forthwith for the recordation of non- annexation agreements in the real property records of Denton County, Texas. SECTION 5. All other provisions of Ordinance No. 2015 -067 not specifically amended herein shall continue in force and effect; however, the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No. 2015 -067, to the extent of any such conflict. sAlegal \our documents \ordinances \1 5 \paal accepting non annexation agreements - ordinance amendment.doc SECTION 6. This Ordinance shall take effect immediately on its passage and approval. AND IT IS SO ORDERED. Passed by the City Council reading this day of 32015 ATTEST: JENNIFER WALTERS, CITY SECRETARY 18-M APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY F BY: ' '°, CHRIS WATTS, MAYOR Page 2 EXHIBIT "A" c:A users \jal10127 \appdata \local \microsoft \windows \temporary internet files\ content .outlook \xthunylk3\harrisjean ann 173423 non - annexation agreement extension.doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON - ANNEXATION EXTENSION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City ") and Jean Ann Harris -("Owners"), the property owners of the hereinafter described property (the "Property ") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties ": Being 10.000 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 24, 1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Joe Burton Harris and wife, Jean Ann Harris, filed for record on June 8, 1994 and recorded in Instrument Number 94- R0046325 of the Real Property Records of Denton County, Texas. Said 10.000 acres of land, more or less, is commonly known as DCAD Property ID 173423. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015: and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not PA prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § §17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances. as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of' the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. M Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. 5 THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 2015, by Jean Ann Harris. %V Jot ANGE A R MII,I.ICAN !�' STATE OF TEXAS +?•w ' Camm EMJm2&2016 THE STATE OF TEXAS COUNTY OF DENTON D+�\day of Aort, t 1 otary P+) ic, State of Texas This instrument was acknowledged before me on the day of , 2015, by , City Manager /Deputy City Manager /Designated Representative, on behalf of the City of Denton, Texas. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY.c t. Notary Public, State of Texas n After recordinIZ return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 oAlegal\annexation 2014- 15 \paalftell, leslie 170982 non- annexation agreement extension.doe CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON - ANNEXATION EXTENSION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City ") and Leslie Buell ( "Owners "), the property owners of the hereinafter described property (the "Property ") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties ": Being 14.50 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated February 18, 2004 from Phillip E. Crombie and Desiree A. Crombie to Leslie Buell, filed for record on February 23, 2004 and recorded in Instrument Number 2004 -22281 of the Real Property Records of Denton County, Texas. Said 14.50 acres of land, more or less, is commonly known as DCAD Property ID 170982. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single- family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § §17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. M Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners L ''-lie nuell 5 THE STATE OF TEXAS COUNTY OF DENTON This instrument was 206,y Leslie Buell. THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative acknowledged before me on the �os�'PUBO� XKARENB *�* u7tFOFtE�Py THE STA COUNTY OF DENTON day of , This instrument was acknowledged before me on the day of , 2014, by , City Manager /Deputy City Manager /Designated Representative, on behalf of the City of Denton, Texas. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: rlC . r, -z... Notary Public, State of Texas no After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON Legislation Text File #: Al 5-0015, Version: 1 DEPARTMENT: Planning & Development CM/ ACM: Jon Fortune Date: June 2, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015 -064 providing for acceptance of additional eligible non - annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH -4 of approximately 347 acres located on the east side of Bonnie Brae Street, west of Fort Worth Drive, east and west of Vintage Boulevard, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A15 -0015) BACKGROUND The Denton Plan, adopted in 1999 called for an aggressive annexation policy. Following this policy, the City of Denton instituted a number of annexations. In 2009 Freese and Nichols was hired to perform an annexation study. In 2010, annexation of large portions of the Extraterritorial Jurisdiction was initiated. As part of the aggressive annexation in 2010 the City Council approved several ordinances for Non Annexation Agreements (NAAs) in areas called DHI, DH2, DH3, DH4, DH5, DH11, DH14, PAA1, PAA2, PAA3, PAA4. The agreements were approved for five years with a cessation dates of February 9, 2015 and March 2, 2015. In 2014, City Council directed staff to offer a one year extension to the original agreement. Pursuant to the Texas Local Government Code Subchapter B Section 43.035, properties with agricultural, wildlife management or timberland uses those properties that continued to meet the stated criteria were offered a Non - Annexation Extension Agreement. Each property owner received by certified mailed a Non - Annexation Extension Agreement with a cover letter explaining their options and deadline date. In total approximately 130 agreements were signed and notarized for approximately 183 properties. On March 3, 2015, Denton's City Council approved these one year extensions. However, through further evaluation, additional agreements have been offered to various property owners. In adopting the initial NAAs in 2010, the subject properties were exempted from annexation for a period of five years. However, this Non - Annexation Extension Agreement will extend the original agreement for one additional year to expire in March of 2016. OPTIONS City of Denton Page 1 of 2 Printed on 5/28/2015 File M Al 5-0015, Version: 1 1. Accept the Non - Annexation Extension Agreement as prepared. 2. Decline and facilitate the involuntary annexation process. 3. Table this item. EXHIBITS 1. Service Plan for Properties Annexed in 2010 2. Ordinance Respectfully submitted: Aimee Bissett Interim Director of Planning and Development Prepared by: Katia Boykin, CPM Planning Supervisor City of Denton Page 2 of 2 Printed on 5/28/2015 CITY OF DENTON SERVICE PLAN 2010 Annexation L AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAAl, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH -1, DH -2, DH -3, DH -4, DH -5, DH -6, DH -8, DH -10, DH -11, DH -13 and DH -14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b) -(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: L Fire suppression and rescue; 2. Pre - hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emmency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre - arrival First Aid instructions; 2. Pre - hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights -of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAAl, PAA4, DH -1, DH -2, DH -3, DH -4, DH -5, DH -6, DH -8, DH -10, DH -11, DH -13, and DH -14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. 3 Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and /or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and /or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road /street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playgrounds, Swimming Pools M Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. I. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. E sAlegal \our documents \ordinances \I5\dh -4 accepting non annexation agreements - ordinance amendment.doc ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2015 -064 PROVIDING FOR ACCEPTANCE OF ADDITIONAL ELIGIBLE NON - ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH -4 OF APPROXIMATELY 347 ACRES LOCATED ON THE EAST SIDE OF BONNIE BRAE STREET, WEST OF FORT WORTH DRIVE, EAST AND WEST OF VINTAGE BOULEVARD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2015 -064 was adopted by Council on March 3, 2015, which ordinance accepted one (1) year extensions for eligible non - annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH -4; and WHEREAS, since the adoption of Ordinance No. 2015 -064, an additional property eligible for a non - annexation agreement has been brought to the City's attention; and WHEREAS, the owners of the additional property have executed a non - annexation agreement; and WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non - annexation agreement with the eligible property owners; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council hereby approves and accepts the attached properly executed non - annexation agreement, which is labeled as Exhibit "A ". SECTION 3. The City Council additionally amends Ordinance No. 2015 -064 to include said non - annexation agreement as Exhibit "C -15 ". SECTION 4. The City Manager is authorized and directed to sign the non - annexation agreement contained within Exhibit "A ", for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Council's action on same. The City Manager shall further arrange forthwith for the recordation of non - annexation agreement in the real property records of Denton County, Texas. SECTION 5. All other provisions of Ordinance No. 2015 -064 not specifically amended herein shall continue in force and effect; however, the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No. 2015 -064, to the extent of any such conflict. SECTION 6. This Ordinance shall take effect immediately on its passage and approval. AND IT IS SO ORDERED. Passed by the City Council reading this day of , 2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY FAM APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: r �� CHRIS WATTS, MAYOR Page 2 EXHIBIT "A" c:\ users \1913266 \appdata\ local \microsoft \windows \temporary internet files \content .outlook \d2xhgsh3\nathan harvey 166866 non - annexation agreement extension.doe CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON - ANNEXATION EXTENSION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City ") and Nathan Harvey ( "Owners "), the property owners of the hereinafter described property (the "Property ") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties ": Being 6.266 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Corrected General Assumption Warranty Deed corrected on January 11, 2010, but effective December 19, 2007 from Reichmann Hills of Argyle, LLP to Thomas M. McMurray, filed for record on January 11, 2010 and recorded in Instrument Number 2010 -2921 of the Real Property Records of Denton County, Texas. Said 6.226 acres of land, more or less, is commonly known as DCAD Property ID 166866. SAVE & EXCEPT: 0.034 acres of land, more or less, previously conveyed by Donation Deed dated April 7, 2005 from Reichmann Hills of Argyle, L.L.P. to Denton County, Texas, filed for record on April .12, 2005 and recorded in Instrument Number 2005 -42653 of the Real Property Records of Denton County, Texas. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real ' Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single- family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section 11 without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as 3 amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners Nathan Harvey 5 THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of 2015, by Nathan Harvey. SANDY IAWSON µY P Notary Public, State of Texas My Commission Expires } October 07, 2016 w,w Notary Public, Statb of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of , 2015, by City Manager /Deputy City Manager /Designated Representative, on behalf of the City of Denton, Texas. Notary Public, State of Texas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON Legislation Text File #: Al 5-0016, Version: 1 DEPARTMENT: Planning & Development CM/ ACM: Jon Fortune Date: June 2, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015 -069 providing for acceptance of additional eligible non - annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA -3 of approximately 1,075 acres located on the south side of Ganzer Road, east and west of Barthold Road, north of FM 1173, West of I -35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A15 -0016) BACKGROUND The Denton Plan, adopted in 1999 called for an aggressive annexation policy. Following this policy, the City of Denton instituted a number of annexations. In 2009 Freese and Nichols was hired to perform an annexation study. In 2010, annexation of large portions of the Extraterritorial Jurisdiction was initiated. As part of the aggressive annexation in 2010 the City Council approved several ordinances for Non Annexation Agreements (NAAs) in areas called DHI, DH2, DH3, DH4, DH5, DH11, DH14, PAA1, PAA2, PAA3, PAA4. The agreements were approved for five years with a cessation dates of February 9, 2015 and March 2, 2015. In 2014, City Council directed staff to offer a one year extension to the original agreement. Pursuant to the Texas Local Government Code Subchapter B Section 43.035, properties with agricultural, wildlife management or timberland uses those properties that continued to meet the stated criteria were offered a Non - Annexation Extension Agreement. Each property owner received by certified mailed a Non - Annexation Extension Agreement with a cover letter explaining their options and deadline date. In total approximately 130 agreements were signed and notarized for approximately 183 properties. On March 3, 2015, Denton's City Council approved these one year extensions. However, through further evaluation, additional agreements have been offered to various property owners. In adopting the initial NAAs in 2010, the subject properties were exempted from annexation for a period of five years. However, this Non - Annexation Extension Agreement will extend the original agreement for one additional year to expire in March of 2016. OPTIONS City of Denton Page 1 of 2 Printed on 5/28/2015 File M Al 5-0016, Version: 1 1. Accept the Non - Annexation Extension Agreement as prepared. 2. Decline and facilitate the involuntary annexation process. 3. Table this item. EXHIBITS 1. Service Plan for Properties Annexed in 2010 2. Ordinance Respectfully submitted: Aimee Bissett Interim Director of Planning and Development Prepared by: Katia Boykin, CPM Planning Supervisor City of Denton Page 2 of 2 Printed on 5/28/2015 CITY OF DENTON SERVICE PLAN 2010 Annexation L AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAAl, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH -1, DH -2, DH -3, DH -4, DH -5, DH -6, DH -8, DH -10, DH -11, DH -13 and DH -14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b) -(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: L Fire suppression and rescue; 2. Pre - hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emmency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre - arrival First Aid instructions; 2. Pre - hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights -of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAAl, PAA4, DH -1, DH -2, DH -3, DH -4, DH -5, DH -6, DH -8, DH -10, DH -11, DH -13, and DH -14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. 3 Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and /or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and /or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road /street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playgrounds, Swimming Pools M Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. I. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. E s:Uegal \our documents \ordinances \15 \1)aa3 accepting non annexation agreements - ordinance amendment. doe ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2015 -069 PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON - ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAA -3 OF APPROXIMATELY 1,075 ACRES LOCATED ON THE SOUTH SIDE OF GANZER ROAD, EAST AND WEST OF BARTHOLD ROAD, NORTH OF FM 1173, WEST OF I -35, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2015 -069 was adopted by Council on March 3, 2015, which ordinance accepted one (1) year extensions for eligible non - annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH -3; and WHEREAS, since the adoption of Ordinance No. 2015 -069, an additional property eligible for a non - annexation agreement has been brought to the City's attention; and WHEREAS, the owners of the additional property have executed a non - annexation agreement; and WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non - annexation agreement with the eligible property owners; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council hereby approves and accepts the attached properly executed non - annexation agreement, which is labeled as Exhibit "A ". SECTION 3. The City Council additionally amends Ordinance No. 2015 -069 to include said non - annexation agreement as Exhibit "C -10 ". SECTION 4. The City Manager is authorized and directed to sign the non - annexation agreement contained within Exhibit "A ", for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Council's action on same. The City Manager shall further arrange forthwith for the recordation of non - annexation agreement in the real property records of Denton County, Texas. s:Uegakour documents \ordinances \15 \paa3 accepting non annexation agreements - ordinance amendment.doc SECTION 5. All other provisions of Ordinance No. 2015 -069 not specifically amended herein shall continue in force and effect; however, the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No. 2015 -069, to the extent of any such conflict. SECTION 6. This Ordinance shall take effect immediately on its passage and approval. AND IT IS SO ORDERED. Passed by the City Council reading this day of 52015. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA B RGESS, CITY ATTORNEY I, r, CHRIS WATTS, MAYOR Page 2 EXHIBIT "A" c:\ users \1913266 \appdata\ local \microsoft \windows \temporary internet files\ content .outlook \d2xhgsh3 \wolf dale kimberly 185234 non - annexation agreement extension.doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON - ANNEXATION EXTENSION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City ") and Dale & Kimberly Wolf ( "Owners "), the property owners of the hereinafter described property (the "Property ") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties ": Being Lot 16, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated to be effective September 2, 2005 from John D. Hesse and wife, Geri Hesse to Dale Wolf and wife, Kimberly Wolf, filed for record on September 13, 2005 and recorded in Instrument Number 2005 - 114453 of the Real Property Records of Denton County, Texas. Said Lot 16, Block 1, Ganzer Estates, is commonly known as DCAD Property ID 185234. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers fo allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the term of this updated 2014 non- annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter. 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm - related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of 2 this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and §§ 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. L, Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability, of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Cow. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners Dale Wolf 5 Kimberly Wolf THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of t (4- , 2015, by Dale Wolf. SANDY IAWSON Notary Public, State of texas My Commission Expires October 07, 2016 THE STATE OF TEXAS COUNTY OF DENTON rC SE1Y�� Notary Public, Stat6 of Texas This instrument was acknowledged before me on the day of myl' , 2015, by Kimberly Wolf. �*; •� "o KAREN HERMANN Notary Public, State of Texas My Commission Expires May 13, 2017 THE STATE OF TEXAS COUNTY OF DENTON Notary Public, State of Texas This instrument was acknowledged before me on the day of , 2015, by , City Manager /Deputy City Manager /Designated Representative, on behalf of the City of Denton, Texas. Notary Public, State of Texas 6 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY. '�lL 7 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -441, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Denton Municipal Electric CM/ ACM: Howard Martin, 940 - 349 -8232 Date: June 2, 2015 SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee title to a 0.138 - acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 2, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas ( "Property Interest "), and more particularly described on Exhibit "A ", for the public use of expansion, construction, maintenance, operation, and improvement of electrical transmission and distribution lines, facilities, and structures, including substations and switch stations; authorizing the city manager, or his designee, to make an initial offer to Serendipity Business Interests, LLC Property ( "Owner ") to purchase fee title in and to the Property Interest for the price of Seventy Five Thousand Dollars and no cents ($75,000.00), and other valuable consideration, as set forth in the contract of sale attached as Exhibit "B "; authorizing the filing of eminent domain proceedings to acquire the Property Interest if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Serendipity Business Interests) BACKGROUND In accord with the current DME Electric Substation Re -build project initiative, DME staff is undertaking the identification of the additional land rights necessary to accommodate the construction and operation of improvements to the electric transmission and distribution systems. In respect to the tract herein, the project requires the fee simple acquisition of a 0.138 -acre Property Interest to accommodate the electric utilities and electric substation infrastructure to be constructed. This is 1 of 7 tracts that lie within the site designated by the City Council for the location of the future Hickory Substation. OPTIONS 1. Approve and recommend that the City Council take Final Offer or then take up eminent domain proceedings to acquire said property. 2. Do not approve and recommend that the City Council take Final Offer or then take up eminent domain proceedings to acquire said property. RECOMMENDATION DME staff recommends approval of offers to purchase this Property Interest. ESTIMATED SCHEDULE OF PROJECT Current estimated construction start first quarter of 2016. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City of Denton Page 1 of 2 Printed on 5/28/2015 File #: ID 15 -441, Version: 1 A West Oak Area Historic District Meeting was held on September 19, 2014 The Public Open House was held on September 30, 2014. The Public Utilities Board conducted a public site selection hearing and selected the site which includes abovementioned Property Interest on November 10, 2014. The City Council conducted a public site selection hearing and selected the site which includes the abovementioned Property Interest on December 2, 2014 by a passing Resolution No. 2014 -043. The Public Utilities Board recommended that the City Council approve an ordinance authorizing acquisition and offers for the abovementioned Property Interest on March 23, 2015. The City Council approved an ordinance authorizing acquisition and offers for the abovementioned Property Interest on April 21, 2015. FISCAL INFORMATION The proposed substation project will be in the transmission category. These costs for transmission projects will ultimately be recovered through the Public Utility Commission transmission cost of service program (TCOS). EXHIBITS 1. Survey 2. Aerial Map 3. Ordinance 4. Final Offer Letter 5. Contract of Sale Respectfully submitted: Phil Williams General Manager, DME Prepared by: Smith Day Compliance Manager, DME City of Denton Page 2 of 2 Printed on 5/28/2015 I Z .2 0 -rn t ❑ Z co (D Lu C-4 x z $E �f,, 07 L) I 1w, (D 0 Z 2 z D uj 0 m CL Z Z:) 0 E 1 (D 0 2 -M 10 Q) z I °Z 5 R. z w 0 :D E' ow 0 CC < cc Uj iillkffi-,P�' ul "W" z E < .0 Om 0 X I? 00 w 4 �v cos Z. .2 E E W wz o. 31 3A, E -6 6 bl-I t i-a F- W UL." 2' CC LL g z ia do 0 w w lu < 0 0 E �v� M fr W -6 ❑ 0 C . �U>, -6 EE ZB W w 10 0 aJ d 66 Od' r'9V0 NOUIOCIV N3iiIHM 8808-Me ON 000 9 iM 0311V)Ivo iol (1v-yd-.00'og H.Lnos) svog m.mn.00S —x x 94'09 � m x 'I t�oos 0, 0' IPVS3 M3S NVSXJI — — — — — — — — — — — — x Igh o z. w zo 0 rL z cj rz, a way o C) uj uj 0 LU Do w 0 or 24 Z LU 9;�! C) c; , oo C, 0 >- C, 3 0 F-1 1.2 z �k w zto IIH A-09 7- - (-LV-7d -,00,09 kudom, --------- -- z W T (AVM-d0--LHOla HIGIM 37GV16VA) 15 z L33UJLS WHO 3INN08 -z ul z Is �2 E lfl U U) U) (D .U) m C- (D L- (D U) N C- X W Y Y Y O z O -° - Y d Y W O O z EWE " E E a Y U) O (� Q w o03 '$o~m zo rn M cr cr � M U) z O z z H W w �a °E CO O O .41 Q nn11 O a cn H O D o g= - w w CU CU a a¢ H N O z U) z cD 0 z �> "" ° "` a= o w �" " `" 75 �a =� c 0 0 0 0 m o o a 0 w y a z¢ ` "" `�" wv " "v v ai G 0 m E &I'_ ORDINANCE NO. 2015 - AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE FEE SIMPLE TITLE TO A 0.138 ACRE TRACT LOCATED IN THE E. PUCHALSKI SURVEY, ABSTRACT NO. 996, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED AND DEPICTED ON THE ATTACHED EXHIBIT "A" AND LOCATED GENERALLY IN THE 100 BLOCK OF N. BONNIE BRAE ST. (THE "PROPERTY INTEREST "), FOR THE PUBLIC USE OF EXPANSION, CONSTRUCTION, MAINTENANCE, OPERATION, AND IMPROVEMENT OF ELECTRIC TRANSMISSION AND DISTRIBUTION LINES, FACILITIES, AND STRUCTURES, INCLUDING SUBSTATIONS AND SWITCH STATIONS; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO MAKE A FINAL OFFER TO SERENDIPITY BUSINESS INTERESTS, LLC, A TEXAS LIMITED LIABILITY COMPANY ( "OWNER ") TO PURCHASE THE PROPERTY INTEREST FOR THE PRICE OF SEVENTY FIVE THOUSAND AND 00 /100 DOLLARS ($75,000.00), AND OTHER CONSIDERATION, AS SET FORTH IN THE CONTRACT OF SALE ATTACHED AS EXHIBIT "B "; AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY INTEREST IF THE FINAL OFFER IS NOT ACCEPTED; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City of Denton, Texas ( "City ") has initiated the expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, including substations and switch stations, affecting, among other lands and interests, a 0.138 acre tract located in the E. Puchalski Survey, Abstract No. 996, City of Denton, Texas, as more particularly described and depicted on the attached Exhibit "A" and located generally in the 100 block of N. Bonnie Brae St. ( "Property Interest "); WHEREAS, the expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures constitute a valid public use of the City and its citizens; WHEREAS, on April 27, 2015, the City made a written initial offer to Serendipity Business Interests, LLC, a Texas limited liability company ( "Owner ") to purchase the Property Interest; WHEREAS, the notice for the public meeting of the City Council of the City in which this Ordinance is considered, as required by Subchapter C, Chapter 551, of the Texas Government Code, in addition to other information, as required by that subchapter, expressly included the consideration by the City of Denton of the use of eminent domain to condemn the Property Interest; WHEREAS, in ordaining the matters set forth herein, the motion to pass and approve this ordinance was stated as "I move that the City Manager, or his designee, is authorized to (1) make a written final offer to the Owner, any and all of Owner's successors -in- interest to the Property Interest, or any other parties who may own any interest in the Property Interest to purchase a 0.138 acre tract located in the E. Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas, and located generally in the 100 block of N. Bonnie Brae St. (the "Property Interest ") as more particularly described on Exhibit "A" to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the public use for the expansion, construction, maintenance, operation, and improvement of the City's electric transmission and distribution lines, facilities, and structures, including substations and switch stations; and (2), if the terms of the written final offer are not agreed to by the Owner, any and all of Owner's successors -in- interest to the Property Interest, or any other parties who may own an interests in the Property Interest, to then use of the power of eminent domain to acquire fee simple title to the Property Interest "; and WHEREAS, after due consideration of the public interest and necessity and the public use and benefit to accrue to the City of Denton, Texas: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals provided in this Ordinance, as set forth above, are adopted by the City Council as findings of the City Council. SECTION 2. The City Council finds: A. On April 27, 2015 the City made a written initial offer by certified mail, return receipt requested, to Owner to purchase the Property Interest for $75,000.00, and other consideration, which, in addition to the Purchase Price, included: i. All appraisal reports produced or acquired by the City relating specifically to the Property Interest and prepared in the 10 years preceding the date the written initial offer was made; ii. Non Confidentiality Notice; iii. Contract of Sale executed by the City Manager, or his designee, which includes a copy of the deed conveying the Property Interest; and iv. Texas Landowner's Bill of Rights B. The Owner was the record title owner of said Property Interest at the time of making the Initial Offer. C. It has been at least 30 days since the written initial offer was mailed to the Owner. SECTION 3. The City Manager, or his designee, is authorized to make a written final offer by certified mail, return receipt requested, to purchase the Property Interest to the Owner, 13 any and all of Owner's successors -in- interest to the Property Interest or any other parties who may own any interests in the Property Interest. The written final offer will include: A. A purchase price for the Property Interest which is equal to or greater than the amount of the written appraisal obtained by the City; B. Texas Landowner's Bill of Rights; C. A written appraisal from a certified appraiser of the value of the Property Interest and the damages, if any, to any of the Owner's remaining property; D. All appraisal reports produced or acquired by the City relating specifically to the Property Interest and prepared in the 10 years preceding the date the written initial offer was made; E. Contract of Sale executed by the City Manager, or his designee, which will include a copy of the deed conveying the Property Interest; and F. A statement that at least fourteen (14) days shall be given for the Owner to respond to the final written offer and agree to the terms of the same within that period. SECTION 4. The City Manager, or his designee, is authorized to (a) execute the Contract of Sale between the City and Owner for the purchase of the Property Interest for the purchase price of $75,000.00, and other consideration, plus costs and expenses, and any other documents necessary for purchasing the Property Interest; and (b) to make expenditures in accordance with the terms of the Contract. The Contract of Sale is attached as Exhibit "B ". SECTION 5. The City Council, through the exercise of its home -rule and statutory authority, authorizes the filing and prosecution of eminent domain proceedings by the City of Denton, Texas to acquire the Property Interest if the Owner does not accept the terms of the written final offer within the time period. The City Council further authorizes joinder of additional or differing owner or owners, or claimant or claimants, of the Property Interest, if applicable, in the eminent domain proceedings, and to condemn the interests of each to acquire the Property Interest. SECTION 6. The City Manager, or his designee, has the authority to do all things necessary or appropriate to acquire the Property Interest by eminent domain, including without limitation, the authority to retain and hire, on behalf of the City, counsel to file and prosecute eminent domain proceedings, and to expend funds related to the prosecution of such proceedings. SECTION 7. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 8. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ME APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Exhibit A g) BONNIE BRAE STREET (VARIABLE MOTH RIGHT- OF -WA1) , n, ro.0 ne)r�i +n rS cove wNx 9 c 2 C) � c_ 0 m n rn C-11 z bomb ` o X o m Oti''1"G 2a �CN O 11 N C) O Z 2 A o T o d n � -c iII 12' SAN. SE4V. ESM7: r m VOL 407, PG. 564 o > C) l � gTA v yart . m s ~max L� 9S ah sn `x n' mR °y--.- S 00'14'12'W 00 t LOT 0 0 fin$° F 9 c 2 C) � c_ 0 m n rn C-11 z bomb IT o m Oti''1"G m O�-iN O 11 N C) O Z W o d n � 12' SAN. SE4V. ESM7: r m VOL 407, PG. 564 _ (1TEM106) ww-e neurr,� VY O � � N � (SOUTH 60.00' -PLAY) OAK ME0 PARK LLC. LOT 5 DOC NO. 2013 -85188 WHITTEN ADDITION R.P R O C T. CAB. J, PG. 99 P.R.D.C.T. y > wm b N � 4 `i QY wg o A °S os N� Fi 4 3g 3 � e� J'gF Ssg 3 cs iv a N VV4 l O m�g fin$° F 9 c 2 C) � c_ li n rn C-11 0 o � A o m ° h O 11 N //X� Y/ O Z W 0 d n � ct y z m r m _ m VY O � � N � Z y > wm b N � 4 `i QY wg o A °S os N� Fi 4 3g 3 � e� J'gF Ssg 3 cs iv a N VV4 l O m�g fin$° F 9 c 2 C) � c_ yy CAC 2 )11 o � A 7• ° '� ° h d n � N Z N 9 / a m pa d nt n a�z 5 0 U.t: as j r RFi C' in e O tin.Ary ^ s? Ain 1 tmir C �. 3 n 3 r 7 o� t D r � N � A n b � O o z STATE OF TEXAS § COUNTY OF DENTON § Exhibit B CONTRACT OF SALE NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. This Contract of Sale (the "Contract ") is made this day of , 2015, effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date "), by and between SERENDIPITY BUsINESS INTERESTS, LLC, a Texas limited liability company, (referred to herein as "Seller ") and the City of Denton, Texas, a Home Rule Municipal Corporation of Denton County, Texas (referred to herein as "Buyer "). RECITALS WHEREAS, Seller owns that certain tract of land being more particularly described and depicted on Exhibit "A ", attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land "); and WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, the Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land (collectively, the "Property "). ARTICLE I SALE OF PROPERTY For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, and subject to the reservations herein, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. Seller, subject to the limitation of such reservation made herein, shall reserve, for itself, its successors and assigns all of its oil, gas and other minerals in, on and under and that may be produced from the Property. Seller, its successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and /or related to exploration and /or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and /or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (1) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and /or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of SEVENTY -FIVE THOUSAND and NO /100 US Dollars ($75,000.00) (the "Purchase Price "). 2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No /100 Dollars ($1,000.00), as Earnest Money (herein so called) with Title Resources, LLC, 525 South Loop 288, Suite 125, Denton, Texas, 76205, (the "Title Company "), as escrow agent, within fourteen (14) calendar days of the Effective Date hereof. All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as provided in this Contract. 2.03 Independent Contract Consideration. Within fourteen (14) calendar days after the Effective Date, Buyer shall deliver to the Title Company, payable to and for the benefit of Seller, a check in the amount of One Hundred and No /100 Dollars ($100.00) (the "Independent Contract Consideration "), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for Seller's execution and delivery of the Contract. The Independent Contract Consideration is in Contract of Sale Page 2 of 21 addition to, and independent of any other consideration or payment provided in this Contract, is non - refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. (a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be furnished to Buyer a current Commitment for Title Insurance (the "Title Commitment ") for the Property, issued by Title Company. The Title Commitment shall set forth the state of title to the Property, including a list of liens, mortgages, security interests, encumbrances, pledges, assignments, claims, charges, leases (surface, space, mineral, or otherwise), conditions, restrictions, options, severed mineral or royalty interests, conditional sales contracts, rights of first refusal, restrictive covenants, exceptions, easements (temporary or permanent), rights -of -way, encroachments, or any other outstanding claims, interests, estates or equities of any nature (each of which are referred to herein as an "Exception "). (b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments that create or evidence Exceptions (the "Exception Documents "), including those described in the Title Commitment as exceptions to which the conveyance will be subject and /or which are required to be released or cured at or prior to Closing. 3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller shall cause to be prepared at Buyer's expense, a current on the ground survey of the Property (the "Survey "). The contents of the Survey shall be prepared by a surveyor selected by Buyer and shall include the matters prescribed by Buyer, which may include but not be limited to, a depiction of the location of all roads, streets, easements and rights of way, both on and adjoining the Property, water courses, 100 year flood plain, fences and improvements and structures of any kind. The Survey shall describe the size of the Property, in acres, and contain a metes and bounds description thereof. Seller shall furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions as required by the Title Company in order to amend the survey exception as required by Section 3.05 below. The description of the Property as set forth in the Survey, at the Buyer's election, shall be used to describe the Property in the deed to convey the Property to Buyer and shall be the description set forth in the Title Policy. 3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall have a period of fifteen (15) calendar days (the "Title Review Period ") commencing with the day Buyer receives the last of the Title Commitment, the Survey, and the Exception Documents, in which to give written notice to Seller, specifying Buyer's objections to one or more of the items ( "Objections "), if any. All items set forth in the Schedule C of Contract of Sale Page 3 of 21 the Title Commitment, and all other items set forth in the Title Commitment which are required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer. 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, within twenty (20) calendar days after Seller is provided notice of Objections, either satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure those Objections or Exceptions that have been voluntarily placed on or against the Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day period, and if Buyer does not agree in writing to an extension of that period, said extension to not exceed an additional thirty (30) calendar days, then Buyer has the option of either: (a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller prior to Closing, in which event those Objections shall become Permitted Exceptions (herein so called), or (b) terminating this Contract by notice in writing prior to Closing and receiving back the Earnest Money, in which latter event Seller and Buyer shall have no further obligations, one to the other, with respect to the subject matter of this Contract. 3.04.A. Additional Title Commitment. Due to the fact that the effective period of the Title Commitment shall expire prior to Closing, Seller shall cause to be furnished to Buyer, no earlier than ninety one (91) calendar days after the Effective Date and no later than one hundred ten (110) calendar days after the Effective Date, a Title Commitment ( "Updated Commitment "), in the form of the Title Commitment prescribed by Section 3.01, above. Buyer shall have fifteen (15) calendar days to review and provide Objections, if any, to the items in the Updated Commitment in the same manner as prescribed by Section 3.03 related to the Title Commitment. All time periods related to review and cure of the Objections, waiver of uncured Objections and termination of this Contract, as set forth in Article III, above, shall be applicable to the Objections by Buyer to the Updated Commitment, if any, and Closing shall be so extended to accommodate such review and cure period. 3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas Owner's Policy of Title Insurance ( "Title Policy ") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to the Permitted Exceptions. The Title Policy may contain only the Permitted Exceptions and shall contain no other exceptions to title, with the standard printed or common exceptions amended or deleted as follows: (a) survey exception must be amended if required by Buyer to read "shortages in Contract of Sale Page 4 of 21 area" only (although Schedule C of the Title Commitment may condition amendment on the presentation of an acceptable survey and payment, to be borne solely by Buyer, of any required additional premium); (b) no exception will be permitted for "visible and apparent easements" or words to that effect (although reference may be made to any specific easement or use shown on the Survey, if a Permitted Exception); (c) no exception will be permitted for "rights of parties in possession "; and (d) no liens will be shown on the title commitment. Notwithstanding the enumeration of the following exceptions, amendments and/or deletions, Buyer may object to any Exception it deems material, in its sole discretion. ARTICLE IV FEASIBILITY REVIEW PERIOD 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending sixty (60) calendar days thereafter (the "Absolute Review Period "), based on such tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. Buyer is granted the right to conduct engineering studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will provide to Seller copies of (i) any and all non - confidential and non - privileged reports and studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey. ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS 5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale and purchase of the Property in accordance with the terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, Contract of Sale Page 5 of 21 that: (a) The descriptive information concerning the Property set forth in this Contract is complete, accurate, true and correct. (b) There are no adverse or other parties in possession of the Property or any part thereof, and no party has been granted any license, lease or other right related to the use or possession of the Property, or any part thereof, except those described in the Leases, as defined in Article V, Section 5.02(a). (c) The Seller has good and marketable fee simple title to the Property, subject only to the Permitted Exceptions. (d) The Seller has the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder. (e) The Seller has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property. (f) The Seller has disclosed to Buyer in writing of any and all facts and circumstances relating to the physical condition of the Property that may materially and adversely affect the Property and operation or intended operation thereof, or any portion thereof, of which Seller has knowledge. (g) The Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due, if any, which are against or are related to the Property, or will be due as of the Closing, and the Property will be subject to no such liens. (h) The Seller shall convey the Property free and clear of all debts, liens and encumbrances, (i) Seller has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (j) To the best of Seller's knowledge, there has not occurred the disposal or release of any Hazardous Substance to, on or from the Property. As used in this Contract, "Hazardous Substance" means and includes all hazardous and toxic substances, waste or materials, chemicals, and any pollutant or contaminant, including without limitation, PCB's, asbestos, asbestos- Contract of Sale Page 6 of 21 containing material, petroleum products and raw materials, that are included under or regulated by any Environmental Law or that would or may pose a health, safety or environmental hazard. As used in this Contract, "Environmental Law" means and includes all federal, state, and local statutes, ordinances, regulations and rules presently in force or hereafter enacted relating to environmental quality, contamination, and clean -up of Hazardous Substances, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as amended, Toxic Substance Control Act, 15 U.S.C. 2601, et seq., and state superlien and environmental clean -up statutes and all rules and regulations presently or hereafter promulgated under or related to said statutes, as amended. (k) All Leases, as defined in Article V, Section 5.02(a), shall have expired or otherwise terminated and any and all tenants or parties occupying the Property pursuant to the Leases shall have permanently abandoned and vacated the Property on or before the date of Closing. (1) The Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) Unless stated otherwise, within ten (10) calendar days after the Effective Date, Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the Property, true, correct, and complete copies of the following: (1) All lease agreements and /or occupancy agreements and /or licenses of any kind or nature (if oral, Seller shall provide to Buyer in writing all material terms thereof) relating to the possession of the Property, or any part thereof, including any and all modifications, supplements, and amendments thereto (the "Leases"). (ii) All environmental audits, soil tests and engineering and feasibility reports, including any and all modifications, supplements and amendments thereto, with respect to the Property that Seller possesses or has the right to receive. (b) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (i) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance or any other agreement of any kind with respect Contract of Sale Page 7 of 21 to, or affecting, the Property that will not be fully performed on or before the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Advise the Buyer promptly of any litigation, arbitration, or administrative hearing concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, grant or permit to be attached or perfected, any lien, encumbrance, or charge thereon, (c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of any liens or claims resulting from labor or materials furnished to the Property under any written or oral contracts arising or entered into prior to Closing. 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Seller contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(x). ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, all of the following shall have occurred: (a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and (b) Seller cures or Buyer waives in writing, within the time periods specified in Article III, all of Buyer's objections made in accordance with Article III. 6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants and agreements of Seller contained in this Contract are true and correct or have been performed, as applicable, as of the Closing Date, except where specific reference is made to another date. 6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the date of Closing, any portion of the Property has been condemned by an entity other than Contract of Sale Page 8 of 21 Buyer, or is the subject of condemnation, eminent domain, or other material proceeding initiated by an entity other than Buyer, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. 6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying the waived condition precedent. 6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VII CLOSING 7.01 Date and Place of Closing, The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall be one hundred and eighty (180) calendar days after the Effective Date, unless otherwise mutually agreed upon by Buyer and Seller. 7.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company, at the expense of the party designated herein, the following items: (i) The Title Policy, in the form specified in Article III, Section 3.05; (ii) The Special Warranty Deed, substantially in the form as attached hereto as Attachment "1 ", subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; Contract of Sale Page 9 of 21 (iii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. (b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Article II, Section 2.01, less the Earnest Money and interest earned thereon, in the form of a check or cashier's check or other immediately available funds; (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Buyer with respect to the Property: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. As soon as the amount of taxes levied against the Property for the calendar year in which Closing shall occur is known, Seller and Buyer shall readjust in cash the amount of taxes to be paid by each party with the result that Seller shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the date of Closing) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 7.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs and expenses identified herein as being the responsibility of Buyer. If the responsibility for such costs or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be allocated between the parties in the customary manner for closings of real property similar to the Property in Denton County, Texas. Contract of Sale Page 10 of 21 ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more V t17e following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller fails to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Seller's part required within the time limits and in the manner required in this Contract; or (iii) Seller fails to deliver at Closing, the items specified in Article VII, Section 7.02(a) of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's sole and exclusive remedies for the default, may, at Buyer's sole option, do any of the following: (1) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to a return of the Earnest Money, and Seller shall, promptly on written request from Buyer, execute and deliver 'any documents necessary to cause the Title Company to return to Buyer the Earnest Money; (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment, whereupon Buyer shall waive title objections, if any, and accept such title without reduction in Purchase Price on account of title defects and shall be entitled to assert any rights for damages based on Seller's representations, warranties and obligations that are not waived by Buyer by its acceptance of Seller's title; and (iii) Seek other recourse or relief as may be available to Buyer at or by law, equity, contract or otherwise. 8.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for Contract of Sale Page 11 of 21 any reason other than a default by Seller under this Contract or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedies for the default, may, at Seller's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Buyer in which event the Seller shall be entitled to a return of the Earnest Money, and Buyer shall, promptly on written request from Seller, execute and deliver any documents necessary to cause the Title Company to return to Seller the Earnest Money, or (ii) Enforce specific performance of this Contract against Buyer. ARTICLE IX MISCELLANEOUS 9.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, delivered, unless expressly provided otherwise in this Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: Telecopy Copies to: For Seller: Telecopy: BUYER: City of Denton Paul Williamson Real Estate and Capital Support 901 -A Texas Street Denton, Texas 76209 Telecopy: (940) 349 -8951 For Buyer: Scott W. Hickey, Attorney at Law Kelsey, Kelsey & Hickey, PLLC P.O. Box 918 Denton, Texas 76202 Telecopy: (940) 387 -9553 Contract of Sale Page 12 of 21 9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON COUNTY, TEXAS. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seiler and Buyer, and their respective successors and assigns. If requested by Buyer, Seller agrees to execute, acknowledge and record a memorandum of this Contract in the Real Property Records of Denton County, Texas, imparting notice of this Contract to the public. 9.05 Risk of Loss. If any damage or destruction to the Property shall occur prior to Closing, or if any condemnation or any eminent domain proceedings are threatened or initiated by an entity or party other than Buyer that might result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following: (a) Terminate this Contract and withdraw from this transaction without cost, obligation or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive any (i) in the case of damage or destruction, all insurance proceeds; and (ii) in the case of eminent domain, proceeds paid for the Property related to the eminent domain proceedings. Buyer shall have a period of up to ten (10) calendar days after receipt of written notification from Seller on the final settlement of all condemnation proceedings or insurance claims related to damage or destruction of any improvement located on the Property, in which to make Buyer's election. In the event Buyer elects to close prior to such final settlement, then the Closing shall take place as provided in Article VII, above, and there shall be assigned by Seller to Buyer at Closing all interests of Seller in and to any and all insurance proceeds or condemnation awards which may be payable to Seller on account of such event. In the event Buyer elects to close upon this Contract after final settlement, as described above, Closing shall be held five (5) business days after such final settlement. 9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and /or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and /or deliver, or cause to be performed, executed Contract of Sale Page 13 of 21 and /or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article IX, Section 9.06 shall survive Closing. 9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. 9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to Phil Williams, Denton Municipal Electric, General Manager of Buyer, or his designee. 9.10 Contract Execution. This Contract of Sale may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.11 Business Days. If the Closing Date or the day of performance required or permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then the Closing Date or the date of such performance, as the case may be, shall be the next following regular business day. 9.12 Relocation. Relocation advisory services and relocation financial assistance, if applicable pursuant to Ordinance No. 2012 -073 (the "Relocation Ordinance "), shall be administered as provided by the Relocation Ordinance, aside and apart from the transaction contemplated by this Contract. Executed by Seller on the SELLER: SERENDIPITY BUSINESS INTERESTS, LLC, A TEXAS LIMITED LIABILITY COMPANY By:_ Name: Title: day of Contract of Sale Page 14 of 21 2015. BUYER: GEORGE C. CAMPBELL, CITY MANAGER Executed by Buyer on the day of , 2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY IM APPROVED AS TO LEGAL FORM: SCOTT W. HICKEY, KELSEY, KELSEY & HICKEY, PLLC Contract of Sale Page 15 of 21 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract and to perform its duties pursuant to the provisions of this Contract and comply with "Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources, LLC 525 South Loop 288, Suite 125 Denton, Texas 76205 Telephone: (940) 381 -1006 Telecopy: (940) 898 -0121 Printed Name: Title: Contract receipt date: , 2015 Contract of Sale Page 16 of 21 F 0, Exhibit "A" to Contract of Sale z F3 5- 6 0 Z4 0 ..s ul z d 0 LL, U jet g ul I I R C4 L*U 1=1) 0 LL, 2 '0 0 7� z D 0 c) uj tu 0, z 10 R ul 00 0 0 0 0 T—I < 6� X < w 0, 0 gy '1'0'0 2I d 66 Od' r 'evo NOURICIV N31111 IM RRI98-ctoz ON 000 4 101 oil xWd 03W WO t, 101 UVII. wop Hinos) rIVOO M..U34.00 s -X 7 099 OdZOO I0A- 1WS3 7d2S NtI.T.N_ V� d 0 r > 3 0 '7 Q I 41, 0 CC) C) iii LU z CC !k 0 CL > cc 0 961 IF III F�—d 00 .09 3.89. 6�00 -u v7d -.60 09 U ON) -------- 5 (Avm-=(0-IH-q18 HIGI/A 970VIOVA) 33HIS 3VU9 3INNO8 Contract of Sale Page 17 of 21 ATTACHMENT "I" to Contract of Sale NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU '1qAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR - SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That SERENDIPITY BUSINESS INTERESTS, LLC, a Texas limited liability company, (herein called "GRANTOR "), for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00), and other good and valuable consideration to GRANTOR in hand paid by the City of Denton, Texas, a Texas Home Rule Municipal Corporation (herein called "GRANTEE "), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, subject to the reservations set forth below, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto GRANTEE all the real property in Denton County, Texas being particularly described and depicted on Exhibit "A" attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of GRANTOR in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property"). GRANTOR, subject to the limitation of such reservation made herein, reserves, for itself, its successors and assigns all of its oil, gas and other minerals in, on and under Contract of Sale Page 18 of 21 and that may be produced from the Property. GRANTOR, its successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and /or related to exploration and /or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and /or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and /or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. This conveyance is subject to the following: (All of those Exceptions from Coverage found on Schedule B of the Owners Title Policy to which referenced is hereby made for all purposes and incorporated by reference as is fully set forth herein.) TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto GRANTEE and GRANTEE'S Contract of Sale Page 19 of 21 successors and assigns forever; and GRANTOR does hereby bind GRANTOR and GRANTOR'S successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto GRANTEE and GRANTEE'S successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED the day of GRANTOR: SERENDIPITY BUSINESS INTERESTS, LLC, A TEXAS LIMITED LIABILITY COMPANY By:_ Name: Title: 2015 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on this the day of , 2015 by as of SERENDIPITY BUSINESS INTERESTS, LLC, a Texas limited liability company, on behalf of said company and in the capacity therein stated. Upon Filing Return To: The City of Denton - Engineering Attn: Paul Williamson 901 -A Texas Street Denton, TX 76209 Notary Public, State of_ My Commission Expires: Contract of Sale Page 20 of 21 Send Tax Billing Statements To: The City of Denton Attn: Finance Department 215 East McKinney Street Denton, Texas 76201 Exhibit "A" to Special Warranty Deed Z 0 Z5 J- w Z, a ul Cq a Cc ti.o z zz LU 0 to -w z z 0 'u 0 C) E A 0 > 4 . 0 r 0, zg C) 0. ANI, 10 road all Od'r *13VO N0UI00V N311114M M99'00e ON DOC 9 101 077 KWd 03 UVO 4101 03W UVId -.00 09 H.LnOS) _x (801 W3JI) .9100 m 699 . VJ'1111 ICA lwsgM35 fdVS,Z; J Ngt 0 4W26 0 v� 4U 8 uj R 8 W z L 0 81 A '00 F1, us.u.00 2"i c 1"7,j wu (AVM-;iO-.LHOIVHIOIM 3717VIUVA) JL33HIS 311118 3INN08 Contract of sale (4 Page 21 of 21 June , 2015 Via Certified Mail Article # * * ** * * ** * * ** * * ** * * ** and by First Class Mail Serendipity Business Interests, LLC Michael Sherwood, Manager 920 S. Berry Trail Ct. Copper Canyon, TX 75077 Re: Hickory Substation Project (the "Project ") 0.138 Acres out of the E. Pulchalski Survey - Abstract No. 996 City of Denton, Denton County, Texas Parcel Number HS02 FINAL OFFER Dear Mr. Sherwood, As you have been made aware via previous correspondence, it is necessary for the City of Denton to upgrade its electrical infrastructure, which requires the acquisition for public use of fee title to 0.138 acres (the "Property" herein) of which Serendipity Business Interests, LLC, is shown to be the record owner. For your convenient review, enclosed is a true and correct copy of the referenced correspondence, together with all enclosures that were referenced in and provided with the letter. You were originally given 30 days to respond to the City's offer of SEVENTY - FIVE THOUSAND and no /100 US DOLLARS ($75,000.00) to purchase the above - referenced Property; that time has now passed. Pursuant to Texas Property Code §21.0113(b)(7) the City hereby extends its "Final Offer" of SEVENTY -FIVE THOUSAND and no /100 US DOLLARS ($75,000.00) to purchase the Property and to compensate for all damages related to the acquisition. The enclosed documents contain the specific terms and conditions of the City of Denton's offer to purchase the Property. Also, please note that the area of the Property is described and depicted in the exhibits to the Contract of Sale. Texas Landowner's Bill of Rights The City of Denton is required by law to provide you with the "Texas Landowner's Bill of Rights ". A copy of that document was previously provided to you, but is provided herein again for your convenience. The Texas Property Code requires that the Landowner's Bill of Rights be provided to property owners at various stages of the negotiation and acquisition process. While the City of Denton possesses the right to "Dedicated to Quality Service" www.cityofdenton.com acquire property for public use by right of eminent domain, the City staff strives to obtain agreements with affected property owners without the need to exercise that authority. Notice of Disclosure Concerning any and all Previous Appraisals The City of Denton is required by law to provide landowners any and all appraisal reports produced or acquired by the City relating specifically to the landowner's property that are prepared in the 10 years preceding the date of the offer to purchase land rights. The appraisal report included with this letter is the only appraisal report known by the City to exist under this requirement. Notice of Disclosure Concerning no Provisions of Confidentiality You have the right to discuss any offer or agreement regarding the City of Denton's acquisition of the Property with others, or to keep the offer or agreement confidential (subject to the Texas Public Information Act, being Chapter 552 of the Texas Government Code). Notice Concerning Easements, Rights -of -Way and Fee Simple Acquisitions The City has hired The Norfleet Group as right of way agents to coordinate discussion, closing and funding of the purchase transaction concerning the Property. Nicole ( "Nikki ") Costanza of The Norfleet Group is designated as your main person of contact regarding the City of Denton's offer to purchase the Property, as evidenced by the enclosed Contract of Sale. Please contact Ms. Costanza regarding your response to the offer, ask any questions, make any comments, or express any concerns which you may have. If you wish to accept the City of Denton's offer to purchase the Property as stipulated herein, Ms. Costanza will promptly facilitate closure and funding of the purchase transaction. In any event, it is our desire to receive a response to our offer within fourteen (14) days of your receipt of this letter. Ms. Costanza may be reached at (817) 675 -9482 or email: nikki.cos -lanza norfleel_ ro.co If the City does not receive an acceptance of the Final Offer made herein by the fourteenth (14th) day of your receipt of this letter, the City will need to initiate eminent domain proceedings in a court of competent jurisdiction in Denton County, Texas to acquire the Property. Sincerely, George Campbell, City Manager Enclosures: Initial Offer Letter; Contract of Sale; Texas Landowner Bill of Rights; Appraisal(s) STATE OF TEXAS § COUNTY OF DENTON § CONTRACT OF SALE NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. This Contract of Sale (the "Contract ") is made this day of , 2015, effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date "), by and between SERENDIPITY BUSINESS INTERESTS, LLC, a Texas limited liability company, (referred to herein as "Seller ") and the City of Denton, Texas, a Home Rule Municipal Corporation of Denton County, Texas (referred to herein as "Buyer "). RECITALS WHEREAS, Seller owns that certain tract of land being more particularly described and depicted on Exhibit "A ", attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land "); and WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, the Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land (collectively, the "Property "). ARTICLE I SALE OF PROPERTY For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, and subject to the reservations herein, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. Seller, subject to the limitation of such reservation made herein, shall reserve, for itself, its successors and assigns all of its oil, gas and other minerals in, on and under and that may be produced from the Property. Seller, its successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and /or related to exploration and /or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and /or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and /or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of SEVENTY -FIVE THOUSAND and NO /100 US Dollars ($75,000.00) (the "Purchase Price "). 2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No /100 Dollars ($1,000.00), as Earnest Money (herein so called) with Title Resources, LLC, 525 South Loop 288, Suite 125, Denton, Texas, 76205, (the "Title Company "), as escrow agent, within fourteen (14) calendar days of the Effective Date hereof. All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as provided in this Contract. 2.03 Independent Contract Consideration. Within fourteen (14) calendar days after the Effective Date, Buyer shall deliver to the Title Company, payable to and for the benefit of Seller, a check in the amount of One Hundred and No /100 Dollars ($100.00) (the "Independent Contract Consideration "), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for Seller's execution and delivery of the Contract. The Independent Contract Consideration is in Contract of Sale Page 2 of 21 addition to, and independent of any other consideration or payment provided in this Contract, is non - refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. (a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be furnished to Buyer a current Commitment for Title Insurance (the "Title Commitment ") for the Property, issued by Title Company. The Title Commitment shall set forth the state of title to the Property, including a list of liens, mortgages, security interests, encumbrances, pledges, assignments, claims, charges, leases (surface, space, mineral, or otherwise), conditions, restrictions, options, severed mineral or royalty interests, conditional sales contracts, rights of first refusal, restrictive covenants, exceptions, easements (temporary or permanent), rights -of -way, encroachments, or any other outstanding claims, interests, estates or equities of any nature (each of which are referred to herein as an "Exception "). (b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments that create or evidence Exceptions (the "Exception Documents "), including those described in the Title Commitment as exceptions to which the conveyance will be subject and /or which are required to be released or cured at or prior to Closing. 3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller shall cause to be prepared at Buyer's expense, a current on the ground survey of the Property (the "Survey "). The contents of the Survey shall be prepared by a surveyor selected by Buyer and shall include the matters prescribed by Buyer, which may include but not be limited to, a depiction of the location of all roads, streets, easements and rights of way, both on and adjoining the Property, water courses, 100 year flood plain, fences and improvements and structures of any kind. The Survey shall describe the size of the Property, in acres, and contain a metes and bounds description thereof. Seller shall furnish or cause to be furnished any affidavits, certificates, assurances, and /or resolutions as required by the Title Company in order to amend the survey exception as required by Section 3.05 below. The description of the Property as set forth in the Survey, at the Buyer's election, shall be used to describe the Property in the deed to convey the Property to Buyer and shall be the description set forth in the Title Policy. 3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall have a period of fifteen (15) calendar days (the "Title Review Period ") commencing with the day Buyer receives the last of the Title Commitment, the Survey, and the Exception Documents, in which to give written notice to Seller, specifying Buyer's objections to one or more of the items ( "Objections "), if any. All items set forth in the Schedule C of Contract of Sale Page 3 of 21 WMMVI the Title Commitment, and all other items set forth in the Title Commitment which are required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer. 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, within twenty (20) calendar days after Seller is provided notice of Objections, either satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure those Objections or Exceptions that have been voluntarily placed on or against the Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day period, and if Buyer does not agree in writing to an extension of that period, said extension to not exceed an additional thirty (30) calendar days, then Buyer has the option of either: (a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller prior to Closing, in which event those Objections shall become Permitted Exceptions (herein so called), or (b) terminating this Contract by notice in writing prior to Closing and receiving back the Earnest Money, in which latter event Seller and Buyer shall have no further obligations, one to the other, with respect to the subject matter of this Contract. 3.04.A. Additional Title Commitment. Due to the fact that the effective period of the Title Commitment shall expire prior to Closing, Seller shall cause to be furnished to Buyer, no earlier than ninety one (91) calendar days after the Effective Date and no later than one hundred ten (110) calendar days after the Effective Date, a Title Commitment ( "Updated Commitment "), in the form of the Title Commitment prescribed by Section 3.01, above. Buyer shall have fifteen (15) calendar days to review and provide Objections, if any, to the items in the Updated Commitment in the same manner as prescribed by Section 3.03 related to the Title Commitment. All time periods related to review and cure of the Objections, waiver of uncured Objections and termination of this Contract, as set forth in Article 1II, above, shall be applicable to the Objections by Buyer to the Updated Commitment, if any, and Closing shall be so extended to accommodate such review and cure period. 3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas Owner's Policy of Title Insurance ( "Title Policy ") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to the Permitted Exceptions. The Title Policy may contain only the Permitted Exceptions and shall contain no other exceptions to title, with the standard printed or common exceptions amended or deleted as follows: (a) survey exception must be amended if required by Buyer to read "shortages in Contract of Sale Page 4 of 21 area" only (although Schedule C of the Title Commitment may condition amendment on the presentation of an acceptable survey and payment, to be borne solely by Buyer, of any required additional premium); (b) no exception will be permitted for "visible and apparent easements" or words to that effect (although reference may be made to any specific easement or use shown on the Survey, if a Permitted Exception); (c) no exception will be permitted for "rights of parties in possession "; and (d) no liens will be shown on the title commitment. Notwithstanding the enumeration of the following exceptions, amendments and /or deletions, Buyer may object to any Exception it deems material, in its sole discretion. ARTICLE IV FEASIBILITY REVIEW PERIOD 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending sixty (60) calendar days thereafter (the "Absolute Review Period "), based on such tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. Buyer is granted the right to conduct engineering studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will provide to Seller copies of (i) any and all non - confidential and non - privileged reports and studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey. ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS 5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale and purchase of the Property in accordance with the terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, Contract of Sale Page 5 of 21 that: (a) The descriptive information concerning the Property set forth in this Contract is complete, accurate, true and correct. (b) There are no adverse or other parties in possession of the Property or any part thereof, and no party has been granted any license, lease or other right related to the use or possession of the Property, or any part thereof, except those described in the Leases, as defined in Article V, Section 5.02(a). (c) The Seller has good and marketable fee simple title to the Property, subject only to the Permitted Exceptions. (d) The Seller has the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder. (e) The Seller has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property. (f) The Seller has disclosed to Buyer in writing of any and all facts and circumstances relating to the physical condition of the Property that may materially and adversely affect the Property and operation or intended operation thereof, or any portion thereof, of which Seller has knowledge. (g) The Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due, if any, which are against or are related to the Property, or will be due as of the Closing, and the Property will be subject to no such liens. (h) The Seller shall convey the Property free and clear of all debts, liens and encumbrances. (i) Seller has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (j) To the best of Seller's knowledge, there has not occurred the disposal or release of any Hazardous Substance to, on or from the Property. As used in this Contract, "Hazardous Substance" means and includes all hazardous and toxic substances, waste or materials, chemicals, and any pollutant or contaminant, including without limitation, PCB's, asbestos, asbestos- Contract of Sale Page 6 of 21 WMWVI containing material, petroleum products and raw materials, that are included under or regulated by any Environmental Law or that would or may pose a health, safety or environmental hazard. As used in this Contract, "Environmental Law" means and includes all federal, state, and local statutes, ordinances, regulations and rules presently in force or hereafter enacted relating to environmental quality, contamination, and clean -up of Hazardous Substances, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as amended, Toxic Substance Control Act, 15 U.S.C. 2601, et seq., and state superlien and environmental clean -up statutes and all rules and regulations presently or hereafter promulgated under or related to said statutes, as amended. (k) All Leases, as defined in Article V, Section 5.02(a), shall have expired or otherwise terminated and any and all tenants or parties occupying the Property pursuant to the Leases shall have permanently abandoned and vacated the Property on or before the date of Closing. (1) The Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) Unless stated otherwise, within ten (10) calendar days after the Effective Date, Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the Property, true, correct, and complete copies of the following: (i) All lease agreements and /or occupancy agreements and /or licenses of any kind or nature (if oral, Seller shall provide to Buyer in writing all material terms thereof) relating to the possession of the Property, or any part thereof, including any and all modifications, supplements, and amendments thereto (the "Leases "). (ii) All environmental audits, soil tests and engineering and feasibility reports, including any and all modifications, supplements and amendments thereto, with respect to the Property that Seller possesses or has the right to receive. (b) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (i) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance or any other agreement of any kind with respect Contract of Sale Page 7 of 21 WMWVI to, or affecting, the Property that will not be fully performed on or before the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Advise the Buyer promptly of any litigation, arbitration, or administrative hearing concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, grant or permit to be attached or perfected, any lien, encumbrance, or charge thereon. (c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of any liens or claims resulting from labor or materials furnished to the Property under any written or oral contracts arising or entered into prior to Closing. 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Seller contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a). ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, all of the following shall have occurred: (a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and (b) Seller cures or Buyer waives in writing, within the time periods specified in Article III, all of Buyer's objections made in accordance with Article III. 6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants and agreements of Seller contained in this Contract are true and correct or have been performed, as applicable, as of the Closing Date, except where specific reference is made to another date. 6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the date of Closing, any portion of the Property has been condemned by an entity other than Contract of Sale Page 8 of 21 Buyer, or is the subject of condemnation, eminent domain, or other material proceeding initiated by an entity other than Buyer, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. 6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying the waived condition precedent. 6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VII CLOSING 7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall be one hundred and eighty (180) calendar days after the Effective Date, unless otherwise mutually agreed upon by Buyer and Seller. 7.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company, at the expense of the party designated herein, the following items: (i) The Title Policy, in the form specified in Article III, Section 3.05; (ii) The Special Warranty Deed, substantially in the form as attached hereto as Attachment "1 ", subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; Contract of Sale Page 9 of 21 (iii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. (b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Article II, Section 2.01, less the Earnest Money and interest earned thereon, in the form of a check or cashier's check or other immediately available funds; (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Buyer with respect to the Property: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. As soon as the amount of taxes levied against the Property for the calendar year in which Closing shall occur is known, Seller and Buyer shall readjust in cash the amount of taxes to be paid by each party with the result that Seller shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the date of Closing) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 7.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs and expenses identified herein as being the responsibility of Buyer. If the responsibility for such costs or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be allocated between the parties in the customary manner for closings of real property similar to the Property in Denton County, Texas. Contract of Sale Page 10 of 21 ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller fails to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Seller's part required within the time limits and in the manner required in this Contract; or (iii) Seller fails to deliver at Closing, the items specified in Article VII, Section 7.02(a) of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's sole and exclusive remedies for the default, may, at Buyer's sole option, do any of the following: (i) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to a return of the Earnest Money, and Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to return to Buyer the Earnest Money; (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment, whereupon Buyer shall waive title objections, if any, and accept such title without reduction in Purchase Price on account of title defects and shall be entitled to assert any rights for damages based on Seller's representations, warranties and obligations that are not waived by Buyer by its acceptance of Seller's title; and (iii) Seek other recourse or relief as may be available to Buyer at or by law, equity, contract or otherwise. 8.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for Contract of Sale Page 11 of 21 any reason other than a default by Seller under this Contract or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedies for the default, may, at Seller's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Buyer in which event the Seller shall be entitled to a return of the Earnest Money, and Buyer shall, promptly on written request from Seller, execute and deliver any documents necessary to cause the Title Company to return to Seller the Earnest Money; or (ii) Enforce specific performance of this Contract against Buyer. ARTICLE IX MISCELLANEOUS 9.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, delivered, unless expressly provided otherwise in this Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: BUYER: Telecopy Copies to: For Seller: Telecopy: City of Denton Paul Williamson Real Estate and Capital Support 901 -A Texas Street Denton, Texas 76209 Telecopy: (940) 349 -8951 For Buyer: Scott W. Hickey, Attorney at Law Kelsey, Kelsey & Hickey, PLLC P.O. Box 918 Denton, Texas 76202 Telecopy: (940) 387 -9553 Contract of Sale Page 12 of 21 9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON COUNTY, TEXAS. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective successors and assigns. If requested by Buyer, Seller agrees to execute, acknowledge and record a memorandum of this Contract in the Real Property Records of Denton County, Texas, imparting notice of this Contract to the public. 9.05 Risk of Loss. If any damage or destruction to the Property shall occur prior to Closing, or if any condemnation or any eminent domain proceedings are threatened or initiated by an entity or party other than Buyer that might result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following: (a) Terminate this Contract and withdraw from this transaction without cost, obligation or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive any (i) in the case of damage or destruction, all insurance proceeds; and (ii) in the case of eminent domain, proceeds paid for the Property related to the eminent domain proceedings. Buyer shall have a period of up to ten (10) calendar days after receipt of written notification from Seller on the final settlement of all condemnation proceedings or insurance claims related to damage or destruction of any improvement located on the Property, in which to make Buyer's election. In the event Buyer elects to close prior to such final settlement, then the Closing shall take place as provided in Article VII, above, and there shall be assigned by Seller to Buyer at Closing all interests of Seller in and to any and all insurance proceeds or condemnation awards which may be payable to Seller on account of such event. In the event Buyer elects to close upon this Contract after final settlement, as described above, Closing shall be held five (5) business days after such final settlement. 9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and /or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and /or deliver, or cause to be performed, executed Contract of Sale Page 13 of 21 and /or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article IX, Section 9.06 shall survive Closing. 9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. 9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to Phil Williams, Denton Municipal Electric, General Manager of Buyer, or his designee. 9.10 Contract Execution. This Contract of Sale may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.11 Business Days. If the Closing Date or the day of performance required or permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then the Closing Date or the date of such performance, as the case may be, shall be the next following regular business day. 9.12 Relocation. Relocation advisory services and relocation financial assistance, if applicable pursuant to Ordinance No. 2012 -073 (the "Relocation Ordinance "), shall be administered as provided by the Relocation Ordinance, aside and apart from the transaction contemplated by this Contract. SELLER: SERENDIPITY BUSINESS INTERESTS, LLC, A TEXAS LIMITED LIABILITY COMPANY By: Name: Title: Executed by Seller on the day of 12015. Contract of Sale Page 14 of 21 BUYER: GEORGE C. CAMPBELL, CITY MANAGER Executed by Buyer on the day of , 2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: SCOTT W. HICKEY, KELSEY, KELSEY & HICKEY, PLLC BY:.7z B 7 Contract of Sale Page 15 of 21 wmmpl RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract and to perform its duties pursuant to the provisions of this Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources, LLC 525 South Loop 288, Suite 125 Denton, Texas 76205 Telephone: (940) 381 -1006 Telecopy: (940) 898 -0121 LOW Printed Name: Title: Contract receipt date: 12015 Contract of Sale Page 16 of 21 Exhibit "A" to Contract of Sale Z .2 C/) Lai 0 C -;,� U, (D >1 Z< C-4 >.7 z Z (D 2 0 of L) uj co > z CL D 0 Z , t 52 Z:) (D 0 on E� 2 I 4 z z w 0 0 zw . . . P, I � E' 1. E Q) 0 CC :D - O �z 0 t,: <- Y c �6 =- CC uj p", z Z E < .0 0. 0 8 ul 0 X 0 a 00 -9 F, Z- U, 2 0 3 -E 8 1 E U 60 w E -6 w > U5 at g E - 6 F �x t X IL Z 0 - H z "o g 6, do 0 00 IL J W -44 E 8 'M� -6 E Q 0 . U>l 6 Z �1 1 Cc E� �-j 10 0 aJ d 66 Od' r'9V0 NOUIOCIV N3iiIHM 9 iM 8808-Me ON 000 10l 0311INVO Lv-yd-.00'oq H.Lnos) svog m.mn.00s X—x X P99 Od�20P M3S �VSO- IIIVS3 kjX lgh w '0 LVI 0 ❑ gww � (� 0 Z, ZD z C'j rz, cn > 5 U.1 oi (D way �Xb Q o UJ L9 ­ 0 DO p w 0 ul SAO z U Z or c; U, 'R', -b 00 0) IQ" 0 a 0 'M 3 1.2 F-1 10,10I 1m �k .09 E. g.m��v.—Oorq,—, ONDO . (avid ......... .. ...... .. I . .......... ... . ...... . III z 9 —B. IN�WqAVdLIVIld1�1 (AVM-d0--LHOla HIGIM 378V16VA) L33UJLS WHO 3INN08 13 Z� Z� L Contract of Sale �2 Page 17 of 21 0 Exhibit 5 ATTACHMENT "I" to Contract of Sale NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That SERENDIPITY BUSINESS INTERESTS, LLC, a Texas limited liability company, (herein called "GRANTOR "), for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00), and other good and valuable consideration to GRANTOR in hand paid by the City of Denton, Texas, a Texas Home Rule Municipal Corporation (herein called "GRANTEE "), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, subject to the reservations set forth below, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto GRANTEE all the real property in Denton County, Texas being particularly described and depicted on Exhibit "A" attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of GRANTOR in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property "). GRANTOR, subject to the limitation of such reservation made herein, reserves, for itself, its successors and assigns all of its oil, gas and other minerals in, on and under Contract of Sale Page 18 of 21 and that may be produced from the Property. GRANTOR, its successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and /or related to exploration and /or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and /or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and /or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. This conveyance is subject to the following: (All of those Exceptions from Coverage found on Schedule B of the Owners Title Policy to which referenced is hereby made for all purposes and incorporated by reference as is fully set forth herein.) TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto GRANTEE and GRANTEE'S Contract of Sale Page 19 of 21 WMMVI successors and assigns forever; and GRANTOR does hereby bind GRANTOR and GRANTOR'S successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto GRANTEE and GRANTEE'S successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED the day of 12015 GRANTOR: SERENDIPITY BUSINESS INTERESTS, LLC, A TEXAS LIMITED LIABILITY COMPANY By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this the day of 2015 by as of SERENDIPITY BUSINESS INTERESTS, LLC, a Texas limited liability company, on behalf of said company and in the capacity therein stated. Notary Public, State of My Commission Expires: Upon Filing Return To: Send Tax Billing Statements To: The City of Denton - Engineering The City of Denton Attn: Paul Williamson Attn: Finance Department 901 -A Texas Street 215 East McKinney Street Denton, TX 76209 Denton, Texas 76201 Contract of Sale Page 20 of 21 Exhibit "A" to Special Warranty Deed Z .2 9M C/) Lai 0 C -;,� U, (D >1 Z< C-4 >.7 z Z (D 2 0 of L) uj co > z CL 0 Z , t 52 Z:) (D 0 on E� 2 I 4 z z w 0 0 zw . . . I � E' P, 1. E Q) 0 CC :D - O �z 0 t,: <- Y c �6 =- CC uj p", z Z E < .0 U.1 '0 0. 0 8 0 X 0 a 00 -9 F, Z- U, 2 0 3 -E 8 U 60 1 E w 3A, E -6 w > U5 at E - g 6 F �x i-a t i", J X IL Z 0 H z "o 6 do 0. 00 J uj -44 t ❑ 0. U>I -6 9 E� �-j 10 0 aJ d 66 Od' r'9V0 NOUIOCIV N3iiIHM 9 iM 8808-Me ON 000 10i 0311INVO Lv-Yd-.00'oq H.Lnos) svog M.mnxos X—x X P99 Od�20P M3S �VSO- IIIVS3 kjX lgh w 'o " LVI ❑ 0 gww (� 0 Z, Z0 z C'j rz, cn > 5 U.1 oi way o UJ �Xb Q L9 ­ 0 00 m w 0 ul �sl, z or c; U, 'R', -b 00 0) IQ" 0 a 0 0 0, M m 1.2 F-I 1 �k w Z10 .09 E. . g.m��v.—Oorq,—, NIVM ONDO (avid ......... .. ...... .. I . .......... ... . ...... . III z (AVM-d0--LH9Ja HIGIM 37GV16VA) L33UJLS 3VUB 3INN08 Z� Z� �2 Contract of Sale Page 21 of 21 0 Exhibit 5 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 1'&IM111iffidrith w ww.cityofdenton.com D EN'FON File #: ID 15 -442, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Denton Municipal Electric CM/ ACM: Howard Martin, 940 - 349 -8232 Date: June 2, 2015 SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee title to a 0.164 - acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 1, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas ( "Property Interest "), and more particularly described on Exhibit "A ", for the public use of expansion, construction, maintenance, operation, and improvement of electrical transmission and distribution lines, facilities, and structures, including substations and switch stations; authorizing the city manager, or his designee, to make a final offer to Neblett Property ( "Owner ") to purchase fee title in and to the Property Interest for the price of One Hundred Twenty Two Thousand Dollars and no cents ($122,000.00), and other valuable consideration, as set forth in the contract of sale attached as Exhibit "B "; authorizing the filing of eminent domain proceedings to acquire the Property Interest if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Neblett Property) BACKGROUND In accord with the current DME Electric Substation re -build project initiative, DME staff is undertaking the identification of the additional land rights necessary to accommodate the construction and operation of improvements to the electric transmission and distribution systems. In respect to the tract herein, the project requires the fee simple acquisition of a 0.164 -acre Property Interest to accommodate the electric utilities and electric substation infrastructure to be constructed. This is 1 of 7 tracts that lie within the site designated by the City Council for the location of the future Hickory Substation. OPTIONS 1. Approve and recommend that the City Council take Final Offer or then take up eminent domain proceedings to acquire said property. 2. Do not approve and recommend that the City Council take Final Offer or then take up eminent domain proceedings to acquire said property. RECOMMENDATION DME staff recommends approval of offers to purchase this Property Interest. ESTIMATED SCHEDULE OF PROJECT Current estimated construction start first quarter of 2016. PRIOR ACTION /REVIEW (Council, Boards, Commissions) A West Oak Area Historic District Meeting was held on September 19, 2014. City of Denton Page 1 of 2 Printed on 5/28/2015 File #: ID 15 -442, Version: 1 The Public Open House was held on September 30, 2014. The Public Utilities Board conducted a public site selection hearing and selected the site which includes abovementioned Property Interest on November 10, 2014. The City Council conducted a public site selection hearing and selected the site which includes the abovementioned Property Interest on December 2, 2014 by a passing Resolution No. 2014 -043. The Public Utilities Board recommended that the City Council approve an ordinance authorizing acquisition and /or offers for the abovementioned Property Interest on March 23, 2015. The City Council approved an ordinance authorizing acquisition and offers for the abovementioned Property Interest on April 21, 2015. FISCAL INFORMATION The proposed substation project will be in the transmission category. These costs for transmission projects will ultimately be recovered through the Public Utility Commission transmission cost of service program (TCOS). EXHIBITS 1. Survey 2. Aerial Map 3. Ordinance 4. Final Offer Letter 5. Contract of Sale Respectfully submitted: Phil Williams General Manager, DME Prepared by: Smith Day Compliance Manager, DME City of Denton Page 2 of 2 Printed on 5/28/2015 I Z < 1 16 2 6 z D LU z i - 0 0 1 E LU U, c :n) 4c) a- z0 E cv 11 z 0 z nF 0 C) LOU 0 ZO z 0 < C) C) 0 no= a cc , ""p '6 W C) < W z LL,0 E < . w, "A w z0¢ w < z z < 76 2 E < w Z > & Z o m 2 E o 1w -g < Q0 S. 2 < w w 10 w w --j F rr 'o, > 0 AN 2 t aoro v.s a 2- Uj z 0 o 0 -6 F L , z u W C) 1 ¢ < 10 0 U'd 66 Od'r OVO NOUIGUV N3111HM 9 101 ro tip, (Lv7d,0oez Hinos) XEOet VOL M,XM4.00 S A V- �ONAJ AM (001 11011) f tgg ed,20t, 70A -LYVS3 M35 NVS- 0 C) z. LU z, z U, 10 2L .;O PC4 1<1 Q- C, Lu 0 6- LU 'N' Z! It W 0 > 0 0 CL 0 h9 1z Ne -z 3PID ---------- 3 0 A 0 .89,u 0 ,,"'00 1z H1 N) 0 INJ�3AVdIlVlfdbV �Io (XVM--qO--LHE)1H H10M.919VILIVM n 1'5 IS WHO 31NNOG 133H (D '8v� J,jE1j1EjEjOO do Z cn a) E N C- X W Y Y Y O z O -° - Y d Y W O O z EWE " E E a Y U) O (� Q w o03 '$o~m zo rn M cr cr � M U) z O z z H W w �a °E CO O O .41 Q nn11 O a cn H O D o g= - w w CU CU a a¢ H N O z U) z cD 0 z �> "" ° "` a= o w �" " `" 75 �a =� c 0 0 0 0 m o o a 0 w y a z¢ ` "" `�" wv " "v v ai G 0 m E &I'_ ORDINANCE NO. 2015 - AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE FEE SIMPLE TITLE TO A 0.164 ACRE TRACT LOCATED IN THE E. PUCHALSKI SURVEY, ABSTRACT NO. 996, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED AND DEPICTED ON THE ATTACHED EXHIBIT "A" AND LOCATED GENERALLY IN THE 2300 BLOCK OF W. OAK ST. (THE "PROPERTY INTEREST "), FOR THE PUBLIC USE OF EXPANSION, CONSTRUCTION, MAINTENANCE, OPERATION, AND IMPROVEMENT OF ELECTRIC TRANSMISSION AND DISTRIBUTION LINES, FACILITIES, AND STRUCTURES, INCLUDING SUBSTATIONS AND SWITCH STATIONS; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO MAKE A FINAL OFFER TO JAMES MICHAEL NEBLETT ( "OWNER ") TO PURCHASE THE PROPERTY INTEREST FOR THE PRICE OF ONE HUNDRED AND TWENTY TWO THOUSAND AND 00 /100 DOLLARS ($122,000.00), AND OTHER CONSIDERATION, AS SET FORTH IN THE CONTRACT OF SALE ATTACHED AS EXHIBIT "B"; AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY INTEREST IF THE FINAL OFFER IS NOT ACCEPTED; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City of Denton, Texas ( "City ") has initiated the expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, including substations and switch stations, affecting, among other lands and interests, a 0.164 acre tract located in the E. Puchalski Survey, Abstract No. 996, City of Denton, Texas, as more particularly described and depicted on the attached Exhibit "A" and located generally in the 2300 block of W. Oak St. ( "Property Interest "); WHEREAS, the expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures constitute a valid public use of the City and its citizens; WHEREAS, on May 5, 2015, the City made a written initial offer to James Michael Neblett ( "Owner ") to purchase the Property Interest; WHEREAS, the notice for the public meeting of the City Council of the City in which this Ordinance is considered, as required by Subchapter C, Chapter 551, of the Texas Govermnent Code, in addition to other information, as required by that subchapter, expressly included the consideration by the City of Denton of the use of eminent domain to condemn the Property Interest; WHEREAS, in ordaining the matters set forth herein, the motion to pass and approve this ordinance was stated as "I move that the City Manager, or his designee, is authorized to (1) make a written final offer to the Owner, any and all of Owner's successors -in- interest to the Property Interest, or any other parties who may own any interest in the Property Interest to purchase a 0. 164 acre tract located in the E. Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas, and located generally in the 2300 block of W. Oak St. (the "Property Interest ") as more particularly described on Exhibit "A" to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the public use for the expansion, construction, maintenance, operation, and improvement of the City's electric transmission and distribution lines, facilities, and structures, including substations and switch stations; and (2), if the terms of the written final offer are not agreed to by the Owner, any and all of Owner's successors -in- interest to the Property Interest, or any other parties who may own an interests in the Property Interest, to then use of the power of eminent domain to acquire fee simple title to the Property Interest "; and WHEREAS, after due consideration of the public interest and necessity and the public use and benefit to accrue to the City of Denton, Texas: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals provided in this Ordinance, as set forth above, are adopted by the City Council as findings of the City Council. SECTION 2. The City Council finds: A. On May 5, 2015 the City made a written initial offer by certified mail, return receipt requested, to Owner to purchase the Property Interest for $122,000.00, and other consideration, which, in addition to the Purchase Price, included: i. All appraisal reports produced or acquired by the City relating specifically to the Property Interest and prepared in the 10 years preceding the date the written initial offer was made; ii. Non Confidentiality Notice; iii. Contract of Sale executed by the City Manager, or his designee, which includes a copy of the deed conveying the Property Interest; and iv. Texas Landowner's Bill of Rights B. The Owner was the record title owner of said Property Interest at the time of making the Initial Offer. C. It has been at least 30 days since the written initial offer was mailed to the Owner. SECTION 3. The City Manager, or his designee, is authorized to make a written final offer by certified mail, return receipt requested, to purchase the Property Interest to the Owner, any and all of Owner's successors -in- interest to the Property Interest or any other parties who may own any interests in the Property Interest. The written final offer will include: A. A purchase price for the Property Interest which is equal to or greater than the amount of the written appraisal obtained by the City; B. Texas Landowner's Bill of Rights; C. A written appraisal from a certified appraiser of the value of the Property Interest and the damages, if any, to any of the Owner's remaining property; D. All appraisal reports produced or acquired by the City relating specifically to the Property Interest and prepared in the 10 years preceding the date the written initial offer was made; E. Contract of Sale executed by the City Manager, or his designee, which will include a copy of the deed conveying the Property Interest; and F. A statement that at least fourteen (14) days shall be given for the Owner to respond to the final written offer and agree to the terms of the same within that period. SECTION 4. The City Manager, or his designee, is authorized to (a) execute the Contract of Sale between the City and Owner for the purchase of the Property Interest for the purchase price of $122,000.00, and other consideration, plus costs and expenses, and any other documents necessary for purchasing the Property Interest; and (b) to make expenditures in accordance with the terms of the Contract. The Contract of Sale is attached as Exhibit "B ". SECTION 5. The City Council, through the exercise of its home -rule and statutory authority, authorizes the filing and prosecution of eminent domain proceedings by the City of Denton, Texas to acquire the Property Interest if the Owner does not accept the terms of the written final offer within the time period. The City Council further authorizes joinder of additional or differing owner or owners, or claimant or claimants, of the Property Interest, if applicable, in the eminent domain proceedings, and to condemn the interests of each to acquire the Property Interest. SECTION 6. The City Manager, or his designee, has the authority to do all things necessary or appropriate to acquire the Property Interest by eminent domain, including without limitation, the authority to retain and hire, on behalf of the City, counsel to file and prosecute eminent domain proceedings, and to expend funds related to the prosecution of such proceedings. SECTION 7. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 8. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Lxnit)ll A BONNIE BRAE STREET i 1 I = g y (VARIABLE WIDTH RIGHT-OI'-WM) I 6 7201)'PIM)—k- N OT 13' E 712.00' S 0010'w w 252.00' Po 0 g (D z Ow 0 > D 0 zr' . x v, - "6 pu r x 0 Q (D Wz� m U) 0 m OR, 12'SAAI. SEW. ESMi. VOL. 407, PG. 564 (ITEM 10e c W 7D.74' S 00'14'f2- w S 00*14'12 120.30' (SOUTH 72.00'PLA7) 8 LOT 5 b IWRITTEN I VV I ENIADDITION CAB. J, po. 99 1� o 8� P,R.D CT, Dm t 0 m to Q 8 On 43 2- !R 0 in mm i 8 f. No 0 la g Iq io o rn . O M* 0 c -1 - 0 m 0 7 M U) i Wo 0 ):1 2 0- V 0 c z 0 p R. r -u In 0 N. Z STATE OF TEXAS § COUNTY OF DENTON Exhibit B CONTRACT OF SALE NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. This Contract of Sale (the "Contract ") is made this day of , 2015, effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date "), by and between JAMES MICHAEL NEBLETT (referred to herein as "Seller ") and the City of Denton, Texas, a Home Rule Municipal Corporation of Denton County, Texas (referred to herein as "Buyer "). RECITALS WHEREAS, Seller owns that certain tract of land being more particularly described and depicted on Exhibit "A ", attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land "); and WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, the Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land (collectively, the "Property "). ARTICLE I SALE OF PROPERTY For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, and subject to the reservations herein, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. Seller, subject to the limitation of such reservation made herein, shall reserve, for himself, his heirs, devisees, successors and assigns all of his oil, gas and other minerals in, on and under and that may be produced from the Property. Seller, his heirs, devisees, successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and /or related to exploration and /or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and /or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and /or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of ONE HUNDRED TWENTY -TWO THOUSAND and NO 1100 US Dollars ($122,000.00) (the "Purchase Price "). 2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No /100 Dollars ($1,000.00), as Earnest Money (herein so called) with Title Resources, LLC, 525 South Loop 288, Suite 125, Denton, Texas, 76205, (the "Title Company "), as escrow agent, within fourteen (14) calendar days of the Effective Date hereof. All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as provided in this Contract. 2.03 Independent Contract Consideration. Within fourteen (14) calendar days after the Effective Date, Buyer shall deliver to the Title Company, payable to and for the benefit of Seller, a check in the amount of One Hundred and No /100 Dollars ($100.00) (the "Independent Contract Consideration "), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for Seller's execution and delivery of the Contract. The Independent Contract Consideration is in addition to, and independent of any other consideration or payment provided in this Contract of Sale Page 2 of 21 Contract, is non - refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. (a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be furnished to Buyer a current Commitment for Title Insurance (the "Title Commitment ") for the Property, issued by Title Company. The Title Commitment shall set forth the state of title to the Property, including a list of liens, mortgages, security interests, encumbrances, pledges, assignments, claims, charges, leases (surface, space, mineral, or otherwise), conditions, restrictions, options, severed mineral or royalty interests, conditional sales contracts, rights of first refusal, restrictive covenants, exceptions, easements (temporary or permanent), rights -of -way, encroachments, or any other outstanding claims, interests, estates or equities of any nature (each of which are referred to herein as an "Exception "). (b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments that create or evidence Exceptions (the "Exception Documents "), including those described in the Title Commitment as exceptions to which the conveyance will be subject and /or which are required to be released or cured at or prior to Closing. 3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller shall cause to be prepared at Buyer's expense, a current on the ground survey of the Property (the "Survey "). The contents of the Survey shall be prepared by a surveyor selected by Buyer and shall include the matters prescribed by Buyer, which may include but not be limited to, a depiction of the location of all roads, streets, easements and rights of way, both on and adjoining the Property, water courses, 100 year flood plain, fences and improvements and structures of any kind. The Survey shall describe the size of the Property, in acres, and contain a metes and bounds description thereof. Seller shall furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions as required by the Title Company in order to amend the survey exception as required by Section 3.05 below. The description of the Property as set forth in the Survey, at the Buyer's election, shall be used to describe the Property in the deed to convey the Property to Buyer and shall be the description set forth in the Title Policy. 3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall have a period of fifteen (15) calendar days (the "Title Review Period ") commencing with the day Buyer receives the last of the Title Commitment, the Survey, and the Exception Documents, in which to give written notice to Seller, specifying Buyer's objections to one or more of the items ( "Objections "), if any. All items set forth in the Schedule C of the Title Commitment, and all other items set forth in the Title Commitment which are Contract of Sale Page 3 of 21 required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer. 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, within twenty (20) calendar days after Seller is provided notice of Objections, either satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure those Objections or Exceptions that have been voluntarily placed on or against the Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day period, and if Buyer does not agree in writing to an extension of that period, said extension to not exceed an additional thirty (30) calendar days, then Buyer has the option of either: (a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller prior to Closing, in which event those Objections shall become Permitted Exceptions (herein so called), or (b) terminating this Contract by notice in writing prior to Closing and receiving back the Earnest Money, in which latter event Seller and Buyer shall have no further obligations, one to the other, with respect to the subject matter of this Contract. 3.04.A. Additional Title Commitment. Due to the fact that the effective period of the Title Commitment shall expire prior to Closing, Seller shall cause to be furnished to Buyer, no earlier than ninety one (91) calendar days after the Effective Date and no later than one hundred ten (110) calendar days after the Effective Date, a Title Commitment ( "Updated Commitment "), in the form of the Title Commitment prescribed by Section 3.01, above. Buyer shall have fifteen (15) calendar days to review and provide Objections, if any, to the items in the Updated Commitment in the same manner as prescribed by Section 3.03 related to the Title Commitment. All time periods related to review and cure of the Objections, waiver of uncured Objections and termination of this Contract, as set forth in Article 1I1, above, shall be applicable to the Objections by Buyer to the Updated Commitment, if any, and Closing shall be so extended to accommodate such review and cure period. 3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas Owner's Policy of Title Insurance ( "Title Policy ") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to the Permitted Exceptions. The Title Policy may contain only the Permitted Exceptions and shall contain no other exceptions to title, with the standard printed or common exceptions amended or deleted as follows: (a) survey exception must be amended if required by Buyer to read "shortages in area" only (although Schedule C of the Title Commitment may condition Contract of Sale Page 4 of 21 amendment on the presentation of an acceptable survey and payment, to be borne solely by Buyer, of any required additional premium); (b) no exception will be permitted for "visible and apparent easements" or words to that effect (although reference may be made to any specific easement or use shown on the Survey, if a Permitted Exception); (c) no exception will be permitted for "rights of parties in possession ", and (d) no liens will be shown on the title commitment. Notwithstanding the enumeration of the following exceptions, amendments and /or deletions, Buyer may object to any Exception it deems material, in its sole discretion. ARTICLE IV FEASIBILITY REVIEW PERIOD 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending sixty (60) calendar days thereafter (the "Absolute Review Period "), based on such tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer Ends the Property suitable for Buyer's purposes. Buyer is granted the right to conduct engineering studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will provide to Seller copies of (i) any and all non - confidential and non - privileged reports and studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey. ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS 5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale and purchase of the Property in accordance with the terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, that: Contract of Sale Page 5 of 21 (a) The descriptive information concerning the Property set forth in this Contract is complete, accurate, true and correct. (b) There are no adverse or other parties in possession of the Property or any part thereof, and no party has been granted any license, lease or other right related to the use or possession of the Property, or any part thereof, except those described in the Leases, as defined in Article V, Section 5.02(x). (c) The Seller has good and marketable fee simple title to the Property, subject only to the Permitted Exceptions. (d) The Seller has the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder. (e) The Seller has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property. (l) The Seller has disclosed to Buyer in writing of any and all facts and circumstances relating to the physical condition of the Property that may materially and adversely affect the Property and operation or intended operation thereof, or any portion thereof, of which Seller has knowledge. (g) The Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due, if any, which are against or are related to the Property, or will be due as of the Closing, and the Property will be subject to no such liens. (h) The Seller shall convey the Property free and clear of all debts, liens and encumbrances. (i) Seller has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (j) To the best of Seller's knowledge, there has not occurred the disposal or release of any Hazardous Substance to, on or from the Property. As used in this Contract, "Hazardous Substance" means and includes all hazardous and toxic substances, waste or materials, chemicals, and any pollutant or contaminant, including without limitation, PCB's, asbestos, asbestos - containing material, petroleum products and raw materials, that are included Contract of Sale Page 6 of 21 under or regulated by any Environmental Law or that would or may pose a health, safety or environmental hazard. As used in this Contract, "Environmental Law" means and includes all federal, state, and local statutes, ordinances, regulations and rules presently in force or hereafter enacted relating to environmental quality, contamination, and clean -up of Hazardous'- "Substances, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as amended, Toxic Substance Control Act, 15 U.S.C. 2601, et seq., and state superlien and environmental clean -up statutes and all rules and regulations presently or hereafter promulgated under or related to said statutes, as amended. (k) All Leases, as defined in Article V, Section 5.02(a), shall have expired or otherwise terminated and any and all tenants or parties occupying the Property pursuant to the Leases shall have permanently abandoned and vacated the Property on or before the date of Closing. (1) The Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) Unless stated otherwise, within ten (10) calendar days after the Effective Date, Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the Property, true, correct, and complete copies of the following: (i) All lease agreements and /or occupancy agreements and /or licenses of any kind or nature (if oral, Seller shall provide to Buyer in writing all material terms thereof) relating to the possession of the Property, or any part thereof, including any and all modifications, supplements, and amendments thereto (the "Leases "). (ii) All environmental audits, soil tests and engineering and feasibility reports, including any and all modifications, supplements and amendments thereto, with respect to the Property that Seller possesses or has the right to receive. (b) From the Effective Date until the date of Closing or earlier termination of this Contract, Seiler shall: (i) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance or any other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before Contract of Sale Page 7 of 21 the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Advise the Buyer promptly of any litigation, arbitration, or administrative hearing concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, grant or permit to be attached or perfected, any lien, encumbrance, or charge thereon. (c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of any liens or claims resulting from labor or materials furnished to the Property under any written or oral contracts arising or entered into prior to Closing. 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Seller contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a). ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, all of the following shall have occurred: (a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and (b) Seller cures or Buyer waives in writing, within the time periods specified in Article III, all of Buyer's objections made in accordance with Article III. 6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants and agreements of Seller contained in this Contract are true and correct or have been performed, as applicable, as of the Closing Date, except where specific reference is made to another date. 6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the date of Closing, any portion of the Property has been condemned by an entity other than Buyer, or is the subject of condemnation, eminent domain, or other material proceeding Contract of Sale Page 8 of 21 initiated by an entity other than Buyer, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. 6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying the waived condition precedent. 6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VII CLOSING 7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall be one hundred and eighty (180) calendar days after the Effective Date, unless otherwise mutually agreed upon by Buyer and Seller. 7.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company, at the expense of the party designated herein, the following items: (i) The Title Policy, in the form specified in Article III, Section 3.05; (ii) The Special Warranty Deed, substantially in the form as attached hereto as Attachment "I ", subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; (iii) Other items reasonably requested by the Title Company as administrative Contract of Sale Page 9 of 21 requirements for consummating the Closing. (b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Article II, Section 2.01, less the Earnest Money and interest earned thereon, in the form of a check or cashier's check or other immediately available funds; (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article `'II, Section 7.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Buyer with respect to the Property: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. As soon as the amount of taxes levied against the Property for the calendar year in which Closing shall occur is known, Seller and Buyer shall readjust in cash the amount of taxes to be paid by each party with the result that Seller shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the date of Closing) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 7.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs and expenses identified herein as being the responsibility of Buyer. If the responsibility for such costs or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be allocated between the parties in the customary manner for closings of real property similar to the Property in Denton County, Texas. Contract of Sale Page 10 of 21 ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller fails to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Seller's part required within the time limits and in the manner required in this Contract; or (iii) Seller fails to deliver at Closing, the items specified in Article VII, Section 7.02(a) of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's Remedies. If Seiler is in default under this Contract, Buyer as Buyer's sole and exclusive remedies for the default, may, at Buyer's sole option, do any of the following: (i) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to a return of the Earnest Money, and Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to return to Buyer the Earnest Money; (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment, whereupon Buyer shall waive title objections, if any, and accept such title without reduction in Purchase Price on account of title defects and shall be entitled to assert any rights for damages based on Seller's representations, warranties and obligations that are not waived by Buyer by its acceptance of Seller's title; and (iii) Seek other recourse or relief as may be available to Buyer at or by law, equity, contract or otherwise. 8.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for Contract of Sale Page 11 of 21 any reason other than a default by Seller under this Contract or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. if Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedies for the default, may, at Seller's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Buyer in which event the Seller shall be entitled to a return of the Earnest Money, and Buyer shall, promptly on written request from Seller, execute and deliver any documents necessary to cause the Title Company to return to Seller the Earnest Money; or (ii) Enforce specific performance of this Contract against Buyer. ARTICLE IX MISCELLANEOUS 9.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, delivered, unless expressly provided otherwise in this Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: BUYER: Telecopy Copies to: For Seller: Telecopy: City of Denton Paul Williamson Real Estate and Capital Support 901 -A Texas Street Denton, Texas 76209 Telecopy: (940) 349 -8951 For Buyer: Scott W. Hickey, Attorney at Law Kelsey, Kelsey & Hickey, PLLC P.O. Box 918 Denton, Texas 76202 Telecopy: (940) 387 -9553 Contract of Sale Page 12 of 21 .9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON COUNTY, TEXAS. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective successors and assigns. If requested by Buyer, Seller agrees to execute, acknowledge and record a memorandum of this Contract in the Real Property Records of Denton County, Texas, imparting notice of this Contract to the public. 9.05 Risk of Loss. If any damage or destruction to the Property shall occur prior to Closing, or if any condemnation or any eminent domain proceedings are threatened or initiated by an entity or party other than Buyer that might result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following: (a) Terminate this Contract and withdraw from this transaction without cost, obligation or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive any (1) in the case of damage or destruction, all insurance proceeds; and (ii) in the case of eminent domain, proceeds paid for the Property related to the eminent domain proceedings. Buyer shall have a period of up to ten (10) calendar days after receipt of written notification from Seller on the final settlement of all condemnation proceedings or insurance claims related to damage or destruction of any improvement located on the Property, in which to make Buyer's election. In the event Buyer elects to close prior to such final settlement, then the Closing shall take place as provided in Article VII, above, and there shall be assigned by Seller to Buyer at Closing all interests of Seller in and to any and all insurance proceeds or condemnation awards which may be payable to Seller on account of such event. In the event Buyer elects to close upon this Contract after final settlement, as described above, Closing shall be held five (5) business days after such final settlement. 9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and /or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and /or deliver, or cause to be performed, executed Contract of Sale Page 13 of 21 and /or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article IX, Section 9.06 shall survive Closing. 9.07 Time is oT fheTssence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. 9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to Phil Williams, Denton Municipal Electric, General Manager of Buyer, or his designee. 9.10 Contract Execution. This Contract of Sale may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.11 Business Days. If the Closing Date or the day of performance required or permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then the Closing Date or the date of such performance, as the case may be, shall be the next following regular business day. 9.12 Relocation. Relocation advisory services and relocation financial assistance, if applicable pursuant to Ordinance No. 2012 -073 (the "Relocation Ordinance "), shall be administered as provided by the Relocation Ordinance, aside and apart from the transaction contemplated by this Contract. SELLER: JAMES MICHAEL NEBLETT Executed by Seller on the day of 12015. Contract of Sale Page 14 of 21 BUYER: m- GEORGE C. CAMPBELL, CITY MANAGER Executed by Buyer on the day of , 2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY Im APPROVED AS TO LEGAL FORM: SCOTT W. HICKEY, KELSEY, KELSEY & HICKEY, PLLC BY:7 Contract of Sale Page 15 of 21 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract and to perform its duties pursuant to the provisions of this Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources, LLC 525 South Loop 288, Suite 125 Denton, Texas 76205 Telephone: (940) 381 -1006 Telecopy: (940) 898 -0121 Printed Name: Title: Contract receipt date: , 2015 Contract of Sale Page 16 of 21 Exhibit "A" to Contract of Sate I N $(s z E ~� Pr bs _h .� h � L I♦WO A8 58 4a r dr� 5 Cr r FEZ oe'e Ye w ccz 07 Hv CI WLL sg o� fiz :._ Q O t/� W ENO pp i l Qzoo *m 0 o its m° Ulli `'' c .e:�'•o �7i ) }ti :yam $ i.� �N � - 6 a� d � fL w �ni ca U'N `a':Wia +16 s$ FYI .7i L W N oiR f!$ ,; u i of �� Y " r° 1• Z it Fa wn r 1 �i. 1 'i Z7 p> C= O oW L 2pYv W lee' Lt S! w= �J.'4r x1_ _ t�ric � i x s c E C zi w �z O E o �. moo � ttt hi I L t, - �I GG Od' f'8N0 oU NoulooV N3111HM o 9 0 WQ� �F ,I eon yl o 0 0 1 - 0 OZ! �; w U V7d,00 zL "In0s) 'y', oa .VL'OL M.,Zb,Yb ^OOS M.zl,bt.o0s _ \' 3 N3J wVA �"- b95 °Jd 'L0b '7OA Gas p u '�� •— x _ J 1WS3 M3S 'NVS ZI� V x cc w �J) I pas 3 1> ,3. �' w .o w N N u a �(y JNK O FOwo. p ` e� oe CL`i I 0 !y � � - 4 h _ tti •..q rct I r _i. ' 7_ _I_._- � f � � > KK �00'ZLa 9S£600N�f IX (.IVM'3O'1H9RI HIOIM 378VIHVA) :7 s a x a I t 133HIS WHO 31NNO9 0 o t j[ d d I L Contract of Sale Page 17 of 21 ATTACHMENT "I" to Contract of Sale NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU - A'Y REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That JAMES MICHAEL NESLETr (herein called "GRANTOR "), for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ($10.00), and other good and valuable consideration to GRANTOR in hand paid by the City of Denton, Texas, a Texas Home Rule Municipal Corporation (herein called "GRANTEE "), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, subject to the reservations set forth below, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto GRANTEE all the real property in Denton County, Texas being particularly described and depicted on Exhibit "A" attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of GRANTOR in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property "). GRANTOR, subject to the limitation of such reservation made herein, reserves, for himself, his heirs, devisees, successors and assigns all of his oil, gas and other Contract of Sale Page 18 of 21 minerals in, on and under and that may be produced from the Property. GRANTOR, his heirs, devisees, successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and /or related to exploration and /or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and /or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. This conveyance is subject to the following: (All of those Exceptions from Coverage found on Schedule B of the Owners Title Policy to which referenced is hereby made for all purposes and incorporated by reference as is fully set forth herein.) TO HAVE AND TO HOLD the Property, together with all and singular the rights Contract of Sale Page 19 of 21 and appurtenances thereto in anywise belonging unto GRANTEE and GRANTEE'S successors and assigns forever; and GRANTOR does hereby bind GRANTOR and GRANTOR'S heirs, devisees, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto GRANTEE and GRANTEE'S successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED the day of 12015 GRANTOR: JAMES MICHAEL NEDLETT ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this the 12015 by JAMES MICHAEL NEBLETT. Upon Filing Return To: The City of Denton - Engineering Attn: Paul Williamson 901 -A Texas Street Denton, TX 76209 Notary Public, State of _ My Commission Expires: Contract of Sale Page 20 of 21 day of Send Tax Billing Statements To: The City of Denton Attn: Finance Department 215 East McKinney Street Denton, Texas 76201 O Exhibit "A" to Special Warranty Deed M gi Z ro A i k, lm�z tX Q r z LU U, (0) 9, oz z 0: U ii o z 32 0 U) 2-F 0 0 w 0 .fi 0 0 Y w w ul 02 o W 5? r w ?g; Q 0 68, S i t2 Pill j R s lu 00 0 7t t-7 L, LI r F < 66 'Od P NOUICIGV N311IHM 9101 00 U Vid.00 U t4-inosl Of t J4 .00s ViSg M3S C) 0 ti P < 0 0 cc 0 > 0 CL (A Cc) s IC V- 10 0 A v v I "i 8 G 2 L33U1S 3VUS 3INNOG Cont of Sale R Contract Page 21 of 21 June , 2015 Via Certified Mail Article # * * ** * * ** * * ** * * ** * * ** and by First Class Mail James Michael Neblett 515 West Hickory Denton, TX 76201 Re: Hickory Substation Project (the "Project ") 0.164 Acres out of the E. Pulchalski Survey - Abstract No. 996 City of Denton, Denton County, Texas Parcel Number HS01 FINAL OFFER Dear Mr. Neblett, As you have been made aware via previous correspondence, it is necessary for the City of Denton to upgrade its electrical infrastructure, which requires the acquisition for public use of fee title to 0.164 acres (the "Property" herein) of which you are shown to be the record owner. For your convenient review, enclosed is a true and correct copy of the referenced correspondence, together with all enclosures that were referenced in and provided with the letter. You were originally given 30 days to respond to the City's offer of ONE HUNDRED TWENTY -TWO THOUSAND and no /100 US DOLLARS ($122,000.00) to purchase the above - referenced Property; that time has now passed. Pursuant to Texas Property Code §21.0113(b)(7) the City hereby extends its "Final Offer" of ONE HUNDRED TWENTY -TWO THOUSAND and no /100 US DOLLARS ($122,000.00) to purchase the Property and to compensate for all damages related to the acquisition. The enclosed documents contain the specific terms and conditions of the City of Denton's offer to purchase the Property. Also, please note that the area of the Property is described and depicted in the exhibits to the Contract of Sale. Texas Landowner's Bill of Rights The City of Denton is required by law to provide you with the "Texas Landowner's Bill of Rights ". A copy of that document was previously provided to you, but is provided herein again for your convenience. The Texas Property Code requires that the Landowner's Bill of Rights be provided to property owners at various stages of the negotiation and acquisition process. While the City of Denton possesses the right to "Dedicated to Quality Service" www.cityofdenton.com acquire property for public use by right of eminent domain, the City staff strives to obtain agreements with affected property owners without the need to exercise that authority. Notice of Disclosure Concerning any and all Previous Appraisals The City of Denton is required by law to provide landowners any and all appraisal reports produced or acquired by the City relating specifically to the landowner's property that are prepared in the 10 years preceding the date of the offer to purchase land rights. The appraisal report included with this letter is the only appraisal report known by the City to exist under this requirement. Notice of Disclosure Concerning no Provisions of Confidentiality You have the right to discuss any offer or agreement regarding the City of Denton's acquisition of the Property with others, or to keep the offer or agreement confidential (subject to the Texas Public Information Act, being Chapter 552 of the Texas Government Code). Notice Concerning Easements, Rights -of -Way and Fee Simple Acquisitions The City has hired The Norfleet Group as right of way agents to coordinate discussion, closing and funding of the purchase transaction concerning the Property. Nicole ( "Nikki ") Costanza of The Norfleet Group is designated as your main person of contact regarding the City of Denton's offer to purchase the Property, as evidenced by the enclosed Contract of Sale. Please contact Ms. Costanza regarding your response to the offer, ask any questions, make any comments, or express any concerns which you may have. If you wish to accept the City of Denton's offer to purchase the Property as stipulated herein, Ms. Costanza will promptly facilitate closure and funding of the purchase transaction. In any event, it is our desire to receive a response to our offer within fourteen (14) days of your receipt of this letter. Ms. Costanza may be reached at (817) 675 -9482 or email: nikki.cos -lanza norfleel_ ro.co If the City does not receive an acceptance of the Final Offer made herein by the fourteenth (14th) day of your receipt of this letter, the City will need to initiate eminent domain proceedings in a court of competent jurisdiction in Denton County, Texas to acquire the Property. Sincerely, George Campbell, City Manager Enclosures: Initial Offer Letter; Contract of Sale; Texas Landowner Bill of Rights; Appraisal(s) STATE OF TEXAS § COUNTY OF DENTON § CONTRACT OF SALE NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. This Contract of Sale (the "Contract ") is made this day of , 2015, effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date "), by and between JAMES MICHAEL NEBLETT (referred to herein as "Seller ") and the City of Denton, Texas, a Home Rule Municipal Corporation of Denton County, Texas (referred to herein as "Buyer "). RECITALS WHEREAS, Seller owns that certain tract of land being more particularly described and depicted on Exhibit "A ", attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land "); and WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, the Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land (collectively, the "Property "). ARTICLE I SALE OF PROPERTY For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, and subject to the reservations herein, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. Seller, subject to the limitation of such reservation made herein, shall reserve, for himself, his heirs, devisees, successors and assigns all of his oil, gas and other minerals in, on and under and that may be produced from the Property. Seller, his heirs, devisees, successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and /or related to exploration and /or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and /or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and /or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of ONE HUNDRED TWENTY -TWO THOUSAND and NO /100 US Dollars ($122,000.00) (the "Purchase Price "). 2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No /100 Dollars ($1,000.00), as Earnest Money (herein so called) with Title Resources, LLC, 525 South Loop 288, Suite 125, Denton, Texas, 76205, (the "Title Company "), as escrow agent, within fourteen (14) calendar days of the Effective Date hereof. All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as provided in this Contract. 2.03 Independent Contract Consideration. Within fourteen (14) calendar days after the Effective Date, Buyer shall deliver to the Title Company, payable to and for the benefit of Seller, a check in the amount of One Hundred and No /100 Dollars ($100.00) (the "Independent Contract Consideration "), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for Seller's execution and delivery of the Contract. The Independent Contract Consideration is in addition to, and independent of any other consideration or payment provided in this Contract of Sale Page 2 of 21 Contract, is non - refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. (a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be furnished to Buyer a current Commitment for Title Insurance (the "Title Commitment ") for the Property, issued by Title Company. The Title Commitment shall set forth the state of title to the Property, including a list of liens, mortgages, security interests, encumbrances, pledges, assignments, claims, charges, leases (surface, space, mineral, or otherwise), conditions, restrictions, options, severed mineral or royalty interests, conditional sales contracts, rights of first refusal, restrictive covenants, exceptions, easements (temporary or permanent), rights -of -way, encroachments, or any other outstanding claims, interests, estates or equities of any nature (each of which are referred to herein as an "Exception "). (b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments that create or evidence Exceptions (the "Exception Documents "), including those described in the Title Commitment as exceptions to which the conveyance will be subject and /or which are required to be released or cured at or prior to Closing. 3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller shall cause to be prepared at Buyer's expense, a current on the ground survey of the Property (the "Survey "). The contents of the Survey shall be prepared by a surveyor selected by Buyer and shall include the matters prescribed by Buyer, which may include but not be limited to, a depiction of the location of all roads, streets, easements and rights of way, both on and adjoining the Property, water courses, 100 year flood plain, fences and improvements and structures of any kind. The Survey shall describe the size of the Property, in acres, and contain a metes and bounds description thereof. Seller shall furnish or cause to be furnished any affidavits, certificates, assurances, and /or resolutions as required by the Title Company in order to amend the survey exception as required by Section 3.05 below. The description of the Property as set forth in the Survey, at the Buyer's election, shall be used to describe the Property in the deed to convey the Property to Buyer and shall be the description set forth in the Title Policy. 3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall have a period of fifteen (15) calendar days (the "Title Review Period ") commencing with the day Buyer receives the last of the Title Commitment, the Survey, and the Exception Documents, in which to give written notice to Seller, specifying Buyer's objections to one or more of the items ( "Objections "), if any. All items set forth in the Schedule C of the Title Commitment, and all other items set forth in the Title Commitment which are Contract of Sale Page 3 of 21 WMMVI required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer. 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, within twenty (20) calendar days after Seller is provided notice of Objections, either satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure those Objections or Exceptions that have been voluntarily placed on or against the Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day period, and if Buyer does not agree in writing to an extension of that period, said extension to not exceed an additional thirty (30) calendar days, then Buyer has the option of either: (a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller prior to Closing, in which event those Objections shall become Permitted Exceptions (herein so called), or (b) terminating this Contract by notice in writing prior to Closing and receiving back the Earnest Money, in which latter event Seller and Buyer shall have no further obligations, one to the other, with respect to the subject matter of this Contract. 3.04.A. Additional Title Commitment. Due to the fact that the effective period of the Title Commitment shall expire prior to Closing, Seller shall cause to be furnished to Buyer, no earlier than ninety one (91) calendar days after the Effective Date and no later than one hundred ten (110) calendar days after the Effective Date, a Title Commitment ( "Updated Commitment "), in the form of the Title Commitment prescribed by Section 3.01, above. Buyer shall have fifteen (15) calendar days to review and provide Objections, if any, to the items in the Updated Commitment in the same manner as prescribed by Section 3.03 related to the Title Commitment. All time periods related to review and cure of the Objections, waiver of uncured Objections and termination of this Contract, as set forth in Article 1II, above, shall be applicable to the Objections by Buyer to the Updated Commitment, if any, and Closing shall be so extended to accommodate such review and cure period. 3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas Owner's Policy of Title Insurance ( "Title Policy ") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to the Permitted Exceptions. The Title Policy may contain only the Permitted Exceptions and shall contain no other exceptions to title, with the standard printed or common exceptions amended or deleted as follows: (a) survey exception must be amended if required by Buyer to read "shortages in area" only (although Schedule C of the Title Commitment may condition Contract of Sale Page 4 of 21 amendment on the presentation of an acceptable survey and payment, to be borne solely by Buyer, of any required additional premium); (b) no exception will be permitted for "visible and apparent easements" or words to that effect (although reference may be made to any specific easement or use shown on the Survey, if a Permitted Exception); (c) no exception will be permitted for "rights of parties in possession "; and (d) no liens will be shown on the title commitment. Notwithstanding the enumeration of the following exceptions, amendments and /or deletions, Buyer may object to any Exception it deems material, in its sole discretion. ARTICLE IV FEASIBILITY REVIEW PERIOD 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending sixty (60) calendar days thereafter (the "Absolute Review Period "), based on such tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. Buyer is granted the right to conduct engineering studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will provide to Seller copies of (i) any and all non - confidential and non - privileged reports and studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey. ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS 5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale and purchase of the Property in accordance with the terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, that: Contract of Sale Page 5 of 21 (a) The descriptive information concerning the Property set forth in this Contract is complete, accurate, true and correct. (b) There are no adverse or other parties in possession of the Property or any part thereof, and no party has been granted any license, lease or other right related to the use or possession of the Property, or any part thereof, except those described in the Leases, as defined in Article V, Section 5.02(a). (c) The Seller has good and marketable fee simple title to the Property, subject only to the Permitted Exceptions. (d) The Seller has the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder. (e) The Seller has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property. (f) The Seller has disclosed to Buyer in writing of any and all facts and circumstances relating to the physical condition of the Property that may materially and adversely affect the Property and operation or intended operation thereof, or any portion thereof, of which Seller has knowledge. (g) The Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due, if any, which are against or are related to the Property, or will be due as of the Closing, and the Property will be subject to no such liens. (h) The Seller shall convey the Property free and clear of all debts, liens and encumbrances. (i) Seller has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (j) To the best of Seller's knowledge, there has not occurred the disposal or release of any Hazardous Substance to, on or from the Property. As used in this Contract, "Hazardous Substance" means and includes all hazardous and toxic substances, waste or materials, chemicals, and any pollutant or contaminant, including without limitation, PCB's, asbestos, asbestos - containing material, petroleum products and raw materials, that are included Contract of Sale Page 6 of 21 WMWVI under or regulated by any Environmental Law or that would or may pose a health, safety or environmental hazard. As used in this Contract, "Environmental Law" means and includes all federal, state, and local statutes, ordinances, regulations and rules presently in force or hereafter enacted relating to environmental quality, contamination, and clean -up of Hazardous Substances, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as amended, Toxic Substance Control Act, 15 U.S.C. 2601, et seq., and state superlien and environmental clean -up statutes and all rules and regulations presently or hereafter promulgated under or related to said statutes, as amended. (k) All Leases, as defined in Article V, Section 5.02(a), shall have expired or otherwise terminated and any and all tenants or parties occupying the Property pursuant to the Leases shall have permanently abandoned and vacated the Property on or before the date of Closing. (1) The Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) Unless stated otherwise, within ten (10) calendar days after the Effective Date, Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the Property, true, correct, and complete copies of the following: (i) All lease agreements and /or occupancy agreements and /or licenses of any kind or nature (if oral, Seller shall provide to Buyer in writing all material terms thereof) relating to the possession of the Property, or any part thereof, including any and all modifications, supplements, and amendments thereto (the "Leases "). (ii) All environmental audits, soil tests and engineering and feasibility reports, including any and all modifications, supplements and amendments thereto, with respect to the Property that Seller possesses or has the right to receive. (b) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (i) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance or any other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before Contract of Sale Page 7 of 21 WMWVI the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Advise the Buyer promptly of any litigation, arbitration, or administrative hearing concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, grant or permit to be attached or perfected, any lien, encumbrance, or charge thereon. (c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of any liens or claims resulting from labor or materials furnished to the Property under any written or oral contracts arising or entered into prior to Closing. 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Seller contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a). ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, all of the following shall have occurred: (a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and (b) Seller cures or Buyer waives in writing, within the time periods specified in Article III, all of Buyer's objections made in accordance with Article III. 6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants and agreements of Seller contained in this Contract are true and correct or have been performed, as applicable, as of the Closing Date, except where specific reference is made to another date. 6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the date of Closing, any portion of the Property has been condemned by an entity other than Buyer, or is the subject of condemnation, eminent domain, or other material proceeding Contract of Sale Page 8 of 21 initiated by an entity other than Buyer, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. 6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying the waived condition precedent. 6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VII CLOSING 7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall be one hundred and eighty (180) calendar days after the Effective Date, unless otherwise mutually agreed upon by Buyer and Seller. 7.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company, at the expense of the party designated herein, the following items: (i) The Title Policy, in the form specified in Article III, Section 3.05; (ii) The Special Warranty Deed, substantially in the form as attached hereto as Attachment "1 ", subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; (iii) Other items reasonably requested by the Title Company as administrative Contract of Sale Page 9 of 21 requirements for consummating the Closing. (b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Article II, Section 2.01, less the Earnest Money and interest earned thereon, in the form of a check or cashier's check or other immediately available funds; (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Buyer with respect to the Property: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. As soon as the amount of taxes levied against the Property for the calendar year in which Closing shall occur is known, Seller and Buyer shall readjust in cash the amount of taxes to be paid by each party with the result that Seller shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the date of Closing) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 7.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs and expenses identified herein as being the responsibility of Buyer. If the responsibility for such costs or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be allocated between the parties in the customary manner for closings of real property similar to the Property in Denton County, Texas. Contract of Sale Page 10 of 21 ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller fails to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Seller's part required within the time limits and in the manner required in this Contract; or (iii) Seller fails to deliver at Closing, the items specified in Article VII, Section 7.02(a) of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's sole and exclusive remedies for the default, may, at Buyer's sole option, do any of the following: (i) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to a return of the Earnest Money, and Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to return to Buyer the Earnest Money; (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment, whereupon Buyer shall waive title objections, if any, and accept such title without reduction in Purchase Price on account of title defects and shall be entitled to assert any rights for damages based on Seller's representations, warranties and obligations that are not waived by Buyer by its acceptance of Seller's title; and (iii) Seek other recourse or relief as may be available to Buyer at or by law, equity, contract or otherwise. 8.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for Contract of Sale Page 11 of 21 any reason other than a default by Seller under this Contract or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedies for the default, may, at Seller's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Buyer in which event the Seller shall be entitled to a return of the Earnest Money, and Buyer shall, promptly on written request from Seller, execute and deliver any documents necessary to cause the Title Company to return to Seller the Earnest Money; or (ii) Enforce specific performance of this Contract against Buyer. ARTICLE IX MISCELLANEOUS 9.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, delivered, unless expressly provided otherwise in this Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: BUYER: Telecopy Copies to: For Seller: Telecopy: City of Denton Paul Williamson Real Estate and Capital Support 901 -A Texas Street Denton, Texas 76209 Telecopy: (940) 349 -8951 For Buyer: Scott W. Hickey, Attorney at Law Kelsey, Kelsey & Hickey, PLLC P.O. Box 918 Denton, Texas 76202 Telecopy: (940) 387 -9553 Contract of Sale Page 12 of 21 9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON COUNTY, TEXAS. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective successors and assigns. If requested by Buyer, Seller agrees to execute, acknowledge and record a memorandum of this Contract in the Real Property Records of Denton County, Texas, imparting notice of this Contract to the public. 9.05 Risk of Loss. If any damage or destruction to the Property shall occur prior to Closing, or if any condemnation or any eminent domain proceedings are threatened or initiated by an entity or party other than Buyer that might result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following: (a) Terminate this Contract and withdraw from this transaction without cost, obligation or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive any (i) in the case of damage or destruction, all insurance proceeds; and (ii) in the case of eminent domain, proceeds paid for the Property related to the eminent domain proceedings. Buyer shall have a period of up to ten (10) calendar days after receipt of written notification from Seller on the final settlement of all condemnation proceedings or insurance claims related to damage or destruction of any improvement located on the Property, in which to make Buyer's election. In the event Buyer elects to close prior to such final settlement, then the Closing shall take place as provided in Article VII, above, and there shall be assigned by Seller to Buyer at Closing all interests of Seller in and to any and all insurance proceeds or condemnation awards which may be payable to Seller on account of such event. In the event Buyer elects to close upon this Contract after final settlement, as described above, Closing shall be held five (5) business days after such final settlement. 9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and /or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and /or deliver, or cause to be performed, executed Contract of Sale Page 13 of 21 and /or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article IX, Section 9.06 shall survive Closing. 9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. 9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to Phil Williams, Denton Municipal Electric, General Manager of Buyer, or his designee. 9.10 Contract Execution. This Contract of Sale may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.11 Business Days. If the Closing Date or the day of performance required or permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then the Closing Date or the date of such performance, as the case may be, shall be the next following regular business day. 9.12 Relocation. Relocation advisory services and relocation financial assistance, if applicable pursuant to Ordinance No. 2012 -073 (the "Relocation Ordinance "), shall be administered as provided by the Relocation Ordinance, aside and apart from the transaction contemplated by this Contract. SELLER: JAMES MICHAEL NEBLETT Executed by Seller on the day of 12015. Contract of Sale Page 14 of 21 : iAy "I" Lm GEORGE C. CAMPBELL, CITY MANAGER Executed by Buyer on the day of , 2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY N3v APPROVED AS TO LEGAL FORM: SCOTT W. HICKEY, KELSEY, KELSEY & HICKEY, PLLC BY: —:�& L51� Contract of Sale Page 15 of 21 Exhibit 5 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract and to perform its duties pursuant to the provisions of this Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources, LLC 525 South Loop 288, Suite 125 Denton, Texas 76205 Telephone: (940) 381 -1006 Telecopy: (940) 898 -0121 LOW Printed Name: Title: Contract receipt date: 12015 Contract of Sale Page 16 of 21 Exhibit "A" to Contract of Sale N 9 Z Lu X 8, 06 D LU z a le�i- 0 01 E 6 � 2. 1 � Q� E- U, :8) 4c) LU z0 E 14 I I 0 z 'E U 0 0 10 z S. E 0 , ..0 tE 0 F K b) cc m, a, "p W t; zi -,4 12 0. , U.1 0 E¢ �.5 15� -N 19. 0 ID F Qw Z< 76 z < w E Z 0 > f i2 E Z 6 E If -s 5 -111W- 00 0. s p < E' 2 p- Nt-, 10 Z w cw� rr 6 PZ z CL UU, E 2 45 V, 0 C, _0 i2 w 0 z Q 9. iE FE q 0 J Fj 0 i2 0 cn 4 r 0 q ro 'i 0 0 U'd 66 Od' r OVO NOUIGUV N311IHM CL o Ci 0 9 101 Q- Z� 01 I (.LV-7d,00 ez Hinos) 'VVOL M .00 s .U, n A �ONAJ AtIM (001 W311 b99 ed,20t, 70A f "I'm3sMs", Q Id 10 r ull UW1 J i I-L p C4 0 Q- 0 Z It 0 9, 6- Ul ui 0 IL s "a V w ztizcx ui 0 > 0 z Z ch 0 CL 0 V—m qgx4.00 3 ig 710d 3HD 3H0 7VN IxOL& . .......... w A ON ]',60 .89,moo -- - -------- - UV7d 00,Z H18ON)=--- LNJlV3AVd11VHdSV O (/AVM'--qO--LHE)lH HIOW 919V1aVM 15 6 0 M�m 133H IS WHO 31NNOG M Contract of Sale 0- (D I Ell EjOdjxj'j1j,j�j1 Ill J.1 1] Exhibit 5 6 Page 17 of 21 ATTACHMENT "I" to Contract of Sale NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That JAMES MICHAEL NEBLETT (herein called "GRANTOR "), for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00), and other good and valuable consideration to GRANTOR in hand paid by the City of Denton, Texas, a Texas Home Rule Municipal Corporation (herein called "GRANTEE "), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, subject to the reservations set forth below, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto GRANTEE all the real property in Denton County, Texas being particularly described and depicted on Exhibit "A" attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of GRANTOR in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property "). GRANTOR, subject to the limitation of such reservation made herein, reserves, for himself, his heirs, devisees, successors and assigns all of his oil, gas and other Contract of Sale Page 18 of 21 minerals in, on and under and that may be produced from the Property. GRANTOR, his heirs, devisees, successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and /or related to exploration and /or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and /or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and /or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. This conveyance is subject to the following: (All of those Exceptions from Coverage found on Schedule B of the Owners Title Policy to which referenced is hereby made for all purposes and incorporated by reference as is fully set forth herein.) TO HAVE AND TO HOLD the Property, together with all and singular the rights Contract of Sale Page 19 of 21 WMMVI and appurtenances thereto in anywise belonging unto GRANTEE and GRANTEE'S successors and assigns forever; and GRANTOR does hereby bind GRANTOR and GRANTOR'S heirs, devisees, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto GRANTEE and GRANTEE'S successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED the day of 12015 GRANTOR: JAMES MICHAEL NEBLETT ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this the , 2015 by JAMES MICHAEL NEBLETT. Notary Public, State of My Commission Expires: day of Upon Filing Return To: Send Tax Billing Statements To: The City of Denton - Engineering The City of Denton Attn: Paul Williamson Attn: Finance Department 901 -A Texas Street 215 East McKinney Street Denton, TX 76209 Denton, Texas 76201 Contract of Sale Page 20 of 21 �z iii iii iw CL Exhibit "A" to Special Warranty Deed N 9 Z Lu LU z a le�i- 0 01 E 6 � 2. 1 � Q� E- U, :8) 4c) LU z0 E 14 I I U 0 2 E� z 0)r 0 z z 'E U 0 0 10 z S. E m' 0 a, W W G N :z d' u t; zi -'4 12 0. , U.1 0 E¢ W �.5 15� -N 19. 0 ID Qw Z< 76 2� z < 'E K o E Z 0 > i2 E Z 6 E If -s 5 —111W- 00 0. s 2 P .N m < ¢M . - E' 2 < p- 10 Z w cw� 'F rr 6 6 PZ z CL UU, E 45 2 V, 0 C' _ i2 w 0 0 z 2, Q -6 z 0 1.2 C5 < 4 J 66'1 0 0 U'd Od' r OVO NOUIGUV N3iiIHM CL C� 0 9 101 Z� ro 01 (Lv7d,00ez Hinos) O6Oet . 17VOL MU,V6.Oos M': et, Pt.00 s A �Z)N3J 9tJM (006 11011) P99 Od'ZOP 70A IYJS3 M3S NVS',I Q 0 155 6� 10 r U11 UWI 2L w 0 CD (D P C4 Q- u C, < -0 LU tim 0 �2 0� 0 6- LU ui 'N' 'O Z! cj� < 0 Y > m 0 z ch 0 CL 0 Ne V—m 8964000 3 ig Y 3PID ---------- 7VNDIx j &13 0 'w HO. .. ....... H 0 a .,-E L.00 N - 0: �`UV7d'()O�Z HON)�='-.—' O � I . JkY IV llsv (XVM--qO-1HE)1H HIOM 91GV1aVM w 1'5 n 133H IS WHO 31NNOG Contract of Sale . . . . Exhibit 5 Page 21 of 21 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -443, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Denton Municipal Electric CM/ ACM: Howard Martin, 940 - 349 -8232 Date: June 2, 2015 SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee title to a 0.138 - acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 3, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas ( "Property Interest "), and more particularly described on Exhibit "A ", for the public use of expansion, construction, maintenance, operation, and improvement of electrical transmission and distribution lines, facilities, and structures, including substations and switch stations; authorizing the city manager, or his designee, to make a final offer to Mankins Property ( "Owner ") to purchase fee title in and to the Property Interest for the price of Ninety Five Thousand Dollars and no cents ($95,000.00), and other valuable consideration, as set forth in the contract of sale attached as Exhibit "B "; authorizing the filing of eminent domain proceedings to acquire the Property Interest if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Mankins Property) BACKGROUND In accord with the current DME Electric Substation Re -build project initiative, DME staff is undertaking the identification of the additional land rights necessary to accommodate the construction and operation of improvements to the electric transmission and distribution systems. In respect to the tract herein, the project requires the fee simple acquisition of a 0.138 -acre Property Interest to accommodate the electric utilities and electric substation infrastructure to be constructed. This is 1 of 7 tracts that lie within the site designated by the City Council for the location of the future Hickory Substation. OPTIONS 1. Approve and recommend that the City Council take Final Offer or then take up eminent domain proceedings to acquire said property. 2. Do not approve and recommend that the City Council take Final Offer or then take up eminent domain proceedings to acquire said property. RECOMMENDATION DME staff recommends approval of offers to purchase this Property Interest. ESTIMATED SCHEDULE OF PROJECT Current estimated construction start first quarter of 2016. City of Denton Page 1 of 2 Printed on 5/28/2015 File #: ID 15 -443, Version: 1 PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Open House was held on September 30, 2014. The Public Utilities Board conducted a public site selection hearing and selected the site which includes abovementioned Property Interest on November 10, 2014. The City Council conducted a public site selection hearing and selected the site which includes the abovementioned property on December 2, 2014 by a passing Resolution No. 2014 -043. The Public Utilities Board recommended that the City Council approve an ordinance authorizing acquisition and offers for the abovementioned Property Interest on March 23, 2015. The City Council approved an ordinance authorizing acquisition and offers for the abovementioned Property Interest on April 21, 2015. FISCAL INFORMATION The proposed substation project will be in the transmission category. These costs for transmission projects will ultimately be recovered through the Public Utility Commission transmission cost of service program (TCOS). EXHIBITS 1. Survey 2. Aerial Map 3. Ordinance 4. Final Offer Letter 5. Contract of Sale Respectfully submitted: Phil Williams General Manager, DME Prepared by: Smith Day Compliance Manager, DME City of Denton Page 2 of 2 Printed on 5/28/2015 I Zw NV < Lu p w z z .6 *5 1- z� Iu :D I LU 0 E co 0 0, -E uj t� .E UA t 0 Q z 0 E 0 C) ::, cc z �z Z 0 Z Z - :,- 0 C) 'w> < o z t LU Z- 1 e z 0 El � S2 [- -W C/) 0, C 0 )o cc < 5 2 , -.El 'i / E < N ql +66� o 1 0 '2 N LLI 7t 11 Z Q 0 p < F �2 2� L, g zo ff < Z < Z - .2 z y R < ti, 0 0 > . . ........ < < z -2 W 0 'E 00 n 2� 0� 0 L, SS 85 t -E x j 0 w E. k, ------ - E., E 0 .0 L Q z 2 LU < 00 0 4 E E. (D z z iz uj E & 61 can < W iOGad 66 ' E)d'r OVO NOIIIGGV NliilHfA 9 lol p a 410"1 0 cL 0 (Lv7d,00 og Hinos) LOR .09 "u'pt.00 s I SVO 9 AA..Z 646.00$ CoP x x X (.,ot Pv id T I OC4 M.etlt1Xo .1 x om P9,1 9dZ t, 70A IPVS3 M3S NVS,Zt co W w w 0 0 z, w 0: 1 w < 0 uj b z 'PV3j" '�Op IOA V, " 13S N "'t z > 0 6, o V, Cl! co uj 8, C� m . ' 0 41 2 cL ac w 2 C) uj cc CD y c, ou i-,77777 z ti O L 0 0 R 00M M1,99,04.00S 6 dzz lo IHI 3H0 E 16 5 3 00*09 3-,.MU.o 0 nano �mo� 9 HIHONP,'�'— IN-9W3AVdl VHdSV (AVM-J0-LH018 HIOIAO 3 7GV8VA) N133HIS WH3INOG 'N 1, EIIEI N1,311111 U) IVOO C- C� G E m N C- X W Y Y Y O z O -° - Y d Y W O O z EWE " E E a Y U) O (� Q w o03 '$o~m zo rn M cr cr � M U) z O z z H W w �a °E CO O O .41 Q nn11 O a cn H O D o g= - w w CU CU a a¢ H N O z U) z cD 0 z �> "" ° "` a= o w �.�" " `" 75 �a =� c 0 0 0 0 m o o a 0 w y a z¢ ` "" `�" wv " "v v ai G 0 m E &I'_ ORDINANCE NO. 2015 - AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE FEE SIMPLE TITLE TO A 0.138 ACRE TRACT LOCATED IN THE E. PUCHALSKI SURVEY, ABSTRACT NO. 996, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED AND DEPICTED ON THE ATTACHED EXHIBIT "A" AND LOCATED GENERALLY IN THE 100 BLOCK OF N. BONNIE BRAE ST. (THE "PROPERTY INTEREST "), FOR THE PUBLIC USE OF EXPANSION, CONSTRUCTION, MAINTENANCE, OPERATION, AND IMPROVEMENT OF ELECTRIC TRANSMISSION AND DISTRIBUTION LINES, FACILITIES, AND STRUCTURES, INCLUDING SUBSTATIONS AND SWITCH STATIONS; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO MAKE A FINAL OFFER TO WILLIAM CHADWICK MANKINS ( "OWNER ") TO PURCHASE THE PROPERTY INTEREST FOR THE PRICE OF NINETY FIVE THOUSAND AND 00 /100 DOLLARS ($95,000.00), AND OTHER CONSIDERATION, AS SET FORTH IN THE CONTRACT OF SALE ATTACHED AS EXHIBIT "B "; AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY INTEREST IF THE FINAL OFFER IS NOT ACCEPTED; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City of Denton, Texas ( "City ") has initiated the expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, including substations and switch stations, affecting, among other lands and interests, a 0.138 acre tract located in the E. Puchalski Survey, Abstract No. 996, City of Denton, Texas, as more particularly described and depicted on the attached Exhibit "A" and located generally in the 100 block of N. Bonnie Brae St. ( "Property Interest "); WHEREAS, the expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures constitute a valid public use of the City and its citizens; WHEREAS, on April 27, 2015, the City made a written initial offer to William Chadwick Mankins ( "Owner ") to purchase the Property Interest; WHEREAS, the notice for the public meeting of the City Council of the City in which this Ordinance is considered, as required by Subchapter C, Chapter 551, of the Texas Government Code, in addition to other information, as required by that subchapter, expressly included the consideration by the City of Denton of the use of eminent domain to condemn the Property Interest; WHEREAS, in ordaining the matters set forth herein, the motion to pass and approve this ordinance was stated as "I move that the City Manager, or his designee, is authorized to (1) make a written final offer to the Owner, any and all of Owner's successors -in- interest to the Property Interest, or any other parties who may own any interest in the Property Interest to Exhibit H BONNIE BRAE STREET (VARIABLE WIDTH RIGHT-OF-VIA?) 1�-- V' a , As wt n ✓hut � '� �" 8 ,�- --►- S 00'13'56 "4t� 132.70' 4 ° � z L U S J- tiw Y o O W r N y y _, z G a O m O O() 9 j)m a C) �r2 yL OJT Q7 p0 U(�'1 ym.a m !I1 O uA k . o . \�� O v 1zsAr✓ seWESrdr. � ____ � � �� �cs/b ? S00'14'12 "W 130.00' �� I — (1TEM 10Cj ''•'n�rtrlt -� –\ I a --- °-` S 00 °14'12" W 60.15' O O Q ;,� -�' P 500.14'12 "W 60.15 � 1.' (SOUTH 60.00 -pd -q - O a OTaNb LOT5 o o b W n WHITt "EN ADDITION b a r x CAB. J, PG. 99 0 0 L^ P.R.D.C.T. I y � p w 0 >m rrn p A OL ry r E�p 11 8� Oz cZ ftl•¢ r n 3 !E K.n i,,uni `'� ... -' -� N S m n � _ r � � t .•.o i 8: �:.. �� n i i .~. '�ye` _{ � ,� � .. 4 L.' o � s � y t�'•ai] N : n '�� v m O O O m O n m M .4 a s ° o ° j ' `R'..•� •/�}�' N Ef c Ci O r S. O° y]3j zCam /It O A R 9 K-9� bi o / k _ a o o- '� 8 gc °� -If w o i z bi g ysG Z) S 3w F N5' OO� a F ei3 A O iii m A ea w� .8 N rfi N Z a v y STATE OF TEXAS § COUNTY OF DENTON § • C CONTRACT OF SALE NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. This Contract of Sale (the "Contract ") is made this day of 2015, effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date "), by and between WILLIAM CHADWICK MANKTNS (referred to herein as "Seller ") and the City of Denton, Texas, a Home Rule Municipal Corporation of Denton County, Texas (referred to herein as `Buyer "). RECITALS WHEREAS, Seller owns that certain tract of land being more particularly described and depicted on Exhibit "A ", attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land "); and WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, the Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land (collectively, the "Property "). ARTICLE I SALE OF PROPERTY For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, and subject to the reservations herein, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. Seller, subject to the limitation of such reservation made herein, shall reserve, for himself, his heirs, devisees, successors and assigns all of his oil, gas and other minerals in, on and under and that may be produced from the Property. Seller, his heirs, devisees, successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and /or related to exploration and /or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and /or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and /or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of NINETY -FIVE THOUSAND and NO /100 US Dollars ($95,000.00) (the "Purchase Price "). 2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No /100 Dollars ($1,000.00), as Earnest Money (herein so called) with Title Resources, LLC, 525 South Loop 288, Suite 125, Denton, Texas, 76205, (the "Title Company "), as escrow agent, within fourteen (14) calendar days of the Effective Date hereof: All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as provided in this Contract. 2.03 Independent Contract Consideration. Within fourteen (14) calendar days after the Effective Date, Buyer shall deliver to the Title Company, payable to and for the benefit of Seller, a check in the amount of One Hundred and No /100 Dollars ($100.00) (the "Independent Contract Consideration "), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for Seller's execution and delivery of the Contract. The Independent Contract Consideration is in addition to, and independent of any other consideration or payment provided in this Contract of Sale Page 2 of 21 Contract, is non - refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. (a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be furnished to Buyer a current Commitment for Title Insurance (the "Title Commitment ") for the Property, issued by Title Company. The Title Commitment shall set forth the state of title to the Property, including a list of liens, mortgages, security interests, encumbrances, pledges, assignments, claims, charges, leases (surface, space, mineral, or otherwise), conditions, restrictions, options, severed mineral or royalty interests, conditional sales contracts, rights of first refusal, restrictive covenants, exceptions, easements (temporary or permanent), rights -of -way, encroachments, or any other outstanding claims, interests, estates or equities of any nature (each of which are referred to herein as an "Exception "). (b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments that create or evidence Exceptions (the "Exception Documents "), including those described in the Title Commitment as exceptions to which the conveyance will be subject and /or which are required to be released or cured at or prior to Closing. 3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller shall cause to be prepared at Buyer's expense, a current on the ground survey of the Property (the "Survey "), The contents of the Survey shall be prepared by a surveyor selected by Buyer and shall include the matters prescribed by Buyer, which may include but not be limited to, a depiction of the location of all roads, streets, easements and rights of way, both on and adjoining the Property, water courses, 100 year flood plain, fences and improvements and structures of any kind. The Survey shall describe the size of the Property, in acres, and contain a metes and bounds description thereof Seller shall furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions as required by the Title Company in order to amend the survey exception as required by Section 3.05 below. The description of the Property as set forth in the Survey, at the Buyer's election, shall be used to describe the Property in the deed to convey the Property to Buyer and shall be the description set forth in the Title Policy. 3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall have a period of fifteen (15) calendar days (the "Title Review Period ") commencing with the day Buyer receives the last of the Title Commitment, the Survey, and the Exception Documents, in which to give written notice to Seller, specifying Buyer's objections to one or more of the items ( "Objections "), if any. All items set forth in the Schedule C of the Title Commitment, and all other items set forth in the Title Commitment which are Contract of Sale Page 3 of 21 required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer. 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, within twenty (20) calendar days after Seller is provided notice of Objections, either satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure those Objections or Exceptions that have been voluntarily placed on or against the Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day period, and if Buyer does not agree in writing to an extension of that period, said extension to not exceed an additional thirty (30) calendar days, then Buyer has the option of either: (a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller prior to Closing, in which event those Objections shall become Permitted Exceptions (herein so called), or (b) terminating this Contract by notice in writing prior to Closing and receiving back the Earnest Money, in which latter event Seller and Buyer shall have no further obligations, one to the other, with respect to the subject matter of this Contract. 3.04.A. Additional Title Commitment. Due to the fact that the effective period of the Title Commitment shall expire prior to Closing, Seller shall cause to be furnished to Buyer, no earlier than ninety one (9 1) calendar days after the Effective Date and no later than one hundred ten (110) calendar days after the Effective Date, a Title Commitment ( "Updated Commitment "), in the form of the Title Commitment prescribed by Section 3.0 1, above. Buyer shall have fifteen (15) calendar days to review and provide Objections, if any, to the items in the Updated Commitment in the same manner as prescribed by Section 3.03 related to the Title Commitment. All time periods related to review and cure of the Objections, waiver of uncured Objections and termination of this Contract, as set forth in Article 1I1, above, shall be applicable to the Objections by Buyer to the Updated Commitment, if any, and Closing shall be so extended to accommodate such review and cure period. 3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas Owner's Policy of Title Insurance ( "Title Policy ") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to the Permitted Exceptions, The Title Policy may contain only the Permitted Exceptions and shall contain no other exceptions to title, with the standard printed or common exceptions amended or deleted as follows: (a) survey exception must be amended if required by Buyer to read "shortages in area" only (although Schedule C of the Title Commitment may condition Contract of Sale Page 4 of 21 amendment on the presentation of an acceptable survey and payment, to be borne solely by Buyer, of any required additional premium); (b) no exception will be permitted for "visible and apparent easements" or words to that effect (although reference may be made to any specific easement or use shown on the Survey, if a Permitted Exception); (c) no exception will be permitted for "rights of parties in possession "; and (d) no liens will be shown on the title commitment. Notwithstanding the enumeration of the following exceptions, amendments and /or deletions, Buyer may object to any Exception it deems material, in its sole discretion. ARTICLE IV FEASIBILITY REVIEW PERIOD 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending sixty (60) calendar days thereafter (the "Absolute Review Period "), based on such tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. Buyer is granted the right to conduct engineering studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will provide to Seller copies of (i) any and all non - confidential and non - privileged reports and studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey. ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS 5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale and purchase of the Property in accordance with the terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, that: Contract of Sale Page 5 of 21 {a) The descriptive information concerning the Property set forth in this Contract is complete, accurate, true and correct. (b) There are no adverse or other parties in possession of the Property or any part thereof, and no party has been granted any license, lease or other right related to the use or possession of the Property, or any part thereof, except those described in the Leases, as defined in Article V, Section 5.02(x). (c) The Seller has good and marketable fee simple title to the Property, subject only to the Permitted Exceptions. (d) The Seller has the frill right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder. (e) The Seller has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property. (f} The Seller has disclosed to Buyer in writing of any and all facts and circumstances relating to the physical condition of the Property that may materially and adversely affect the Property and operation or intended operation thereof, or any portion thereof, of which Seller has knowledge. (g) The Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due, if any, which are against or are related to the Property, or will be due as of the Closing, and the Property will be subject to no such liens. (h) The Seller shall convey the Property free and clear of all debts, liens and encumbrances. (i) Seller has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (j) To the best of Seller's knowledge, there has not occurred the disposal or release of any Hazardous Substance to, on or from the Property. As used in this Contract, "Hazardous Substance" means and includes all hazardous and toxic substances, waste or materials, chemicals, and any pollutant or contaminant, including without limitation, PCB's, asbestos, asbestos - containing material, petroleum products and raw materials, that are included Contract of Sale Page 6 of 21 under or regulated by any Environmental Law or that would or may pose a health, safety or environmental hazard. As used in this Contract, "Environmental Law" means and includes all federal, state, and local statutes, ordinances, regulations and rules presently in force or hereafter enacted relating to environmental quality, contamination, and clean -up of Hazardous Substances, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as amended, Toxic Substance Control Act, 15 U.S.C. 2601, et seq,, and state superlien and environmental clean -up statutes and all rules and regulations presently or hereafter promulgated under or related to said statutes, as amended. (k) All Leases, as defined in Article V, Section 5.02(a), shall have expired or otherwise terminated and any and all tenants or parties occupying the Property pursuant to the Leases shall have permanently abandoned and vacated the Property on or before the date of Closing. (1) The Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) Unless stated otherwise, within ten (10) calendar days after the Effective Date, Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the Property, true, correct, and complete copies of the following: (i) All lease agreements and /or occupancy agreements and /or licenses of any kind or nature (if oral, Seller shall provide to Buyer in writing all material terms thereof) relating to the possession of the Property, or any part thereof, including any and all modifications, supplements, and amendments thereto (the "Leases "). (ii) All environmental audits, soil tests and engineering and feasibility reports, including any and all modifications, supplements and amendments thereto, with respect to the Property that Seller possesses or has the right to receive. (b) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (i) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance or any other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before Contract of Sale Page 7 of 21 the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Advise the Buyer promptly of any litigation, arbitration, or administrative hearing concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, grant or permit to be attached or perfected, any lien, encumbrance, or charge thereon. (c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of any liens or claims resulting from labor or materials furnished to the Property under any written or oral contracts arising or entered into prior to Closing. 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Seller contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a). ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, all of the following shall have occurred: (a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and (b) Seller cures or Buyer waives in writing, within the time periods specified in Article III, all of Buyer's objections made in accordance with Article III. 6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants and agreements of Seller contained in this Contract are true and correct or have been performed, as applicable, as of the Closing Date, except where specific reference is made to another date. 6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the date of Closing, any portion of the Property has been condemned by an entity other than Buyer, or is the subject of condemnation, eminent domain, or other material proceeding Contract of Sale Page 8 of 21 initiated by an entity other than Buyer, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. 6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying the waived condition precedent. 6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VII CLOSING 7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall be one hundred and eighty (180) calendar days after the Effective Date, unless otherwise mutually agreed upon by Buyer and Seller. 7.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company, at the expense of the party designated herein, the following items: (i) The Title Policy, in the form specified in Article III, Section 3.05; (ii) The Special Warranty Deed, substantially in the form as attached hereto as Attachment "I", subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; (iii) Other items reasonably requested by the Title Company as administrative Contract of Sale Page 9 of 21 requirements for consummating the Closing. (b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Article II, Section 2.01, less the Earnest Money and interest earned thereon, in the form of a check or cashier's check or other immediately available funds; (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Buyer with respect to the Property: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. As soon as the amount of taxes levied against the Property for the calendar year in which Closing shall occur is known, Seller and Buyer shall readjust in cash the amount of taxes to be paid by each party with the result that Seller shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the date of Closing) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 7.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs and expenses identified herein as being the responsibility of Buyer. If the responsibility for such costs or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be allocated between the parties in the customary manner for closings of real property similar to the Property in Denton County, Texas. Contract of Sale Page 10 of 21 ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller fails to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Seller's part required within the time limits and in the manner required in this Contract; or (iii) Seller fails to deliver at Closing, the items specified in Article VII, Section 7.02(a) of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's sole and exclusive remedies for the default, may, at Buyer's sole option, do any of the following: (i) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to a return of the Earnest Money, and Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to return to Buyer the Earnest Money; (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment, whereupon Buyer shall waive title objections, if any, and accept such title without reduction in Purchase Price on account of title defects and shall be entitled to assert any rights for damages based on Seller's representations, warranties and obligations that are not waived by Buyer by its acceptance of Seller's title; and (iii) Seek other recourse or relief as may be available to Buyer at or by law, equity, contract or otherwise. 8.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for Contract of Sale Page 11 of 21 any reason other than a default by Seller under this Contract or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedies for the default, may, at Seller's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Buyer in which event the Seller shall be entitled to a return of the Earnest Money, and Buyer shall, promptly on written request from Seller, execute and deliver any documents necessary to cause the Title Company to return to Seller the Earnest Money; or (ii) Enforce specific performance of this Contract against Buyer. ARTICLE IX MISCELLANEOUS 9.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, delivered, unless expressly provided otherwise in this Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: BUYER: Telecopy Copies to: For Seller: Telecopy: City of Denton Paul Williamson Real Estate and Capital Support 901 -A Texas Street Denton, Texas 76209 Telecopy: (940) 349 -8951 For Buyer: Scott W. Hickey, Attorney at Law Kelsey, Kelsey & Hickey, PLLC P.O. Box 918 Denton, Texas 76202 Telecopy: (940) 387 -9553 Contract of Sale Page 12 of 21 9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON COUNTY, TEXAS. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective successors and assigns. If requested by Buyer, Seller agrees to execute, acknowledge and record a memorandum of this Contract in the Real Property Records of Denton County, Texas, imparting notice of this Contract to the public. 9.05 Risk of Loss. If any damage or destruction to the Property shall occur prior to Closing, or if any condemnation or any eminent domain proceedings are threatened or initiated by an entity or party other than Buyer that might result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following; (a) Terminate this Contract and withdraw from this transaction without cost, obligation or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive any (1) in the case of damage or destruction, all insurance proceeds; and (ii) in the case of eminent domain, proceeds paid for the Property related to the eminent domain proceedings. Buyer shall have a period of up to ten (10) calendar days after receipt of written notification from Seller on the final settlement of all condemnation proceedings or insurance claims related to damage or destruction of any improvement located on the Property, in which to make Buyer's election. In the event Buyer elects to close prior to such final settlement, then the Closing shall take place as provided in Article VII, above, and there shall be assigned by Seller to Buyer at Closing all interests of Seller in and to any and all insurance proceeds or condemnation awards which may be payable to Seller on account of such event. In the event Buyer elects to close upon this Contract after final settlement, as described above, Closing shall be held five (5) business days after such final settlement. 9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and /or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and /or deliver, or cause to be performed, executed Contract of Sale Page 13 of 21 and /or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article IX, Section 9.06 shall survive Closing. 9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes, 9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to Phil Williams, Denton Municipal Electric, General Manager of Buyer, or his designee. 9.10 Contract Execution. This Contract of Sale may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.11 Business Days. If the Closing Date or the day of performance required or permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then the Closing Date or the date of such performance, as the case may be, shall be the next following regular business day. 9.12 Relocation. Relocation advisory services and relocation financial assistance, if applicable pursuant to Ordinance No. 2012 -073 (the "Relocation Ordinance "), shall be administered as provided by the Relocation Ordinance, aside and apart from the transaction contemplated by this Contract. SELLER: WILLIAM CHADWICK MANKINS Executed by Seller on the day of , 2015. Contract of Sale Page 14 of 21 BUYER: GEORGE C. CAMPBELL, CITY MANAGER Executed by Buyer on the day of 22015. ATTEST: JENNIFER WALTERS, CITY SECRETARY 1: APPROVED AS TO LEGAL FORM: SCOTT W. HICKEY, KELSEY, KELSEY & HICKEY, PLLC Contract of Sale Page 15 of 21 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract and to perform its duties pursuant to the provisions of this Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources, LLC 525 South Loop 288, Suite 125 Denton, Texas 76205 Telephone: (940) 381 -1006 Telecopy: (940) 898 -0121 M. Printed Name: Title: Contract receipt date: , 2015 Contract of Sale Page 16 of 21 7_p _ N N C�� J Q ` J h u �9 ✓'I '1'3.0 -ii d 66 od'r ovo NOI1100V W.IiIHM 9 101 N Q i J io <U a o j J mvi�U $ W naCL tir zWra N O N 3 y V 1WS3 'M3S 'iJVS.ZL - °wt -Oim � Exhibit "A" to Contract of Sale � � 9 V Q,vim ry Z c n J{ 0 o L(r7d ,0009 Wnos) .96'09 M..ZM?"008 V0� 1' P 0 1 �.A x a~ t ax L' r�7{ �>3 ^q4c'. 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SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That WILLIAM CHADWICK MANKINS (herein called "GRANTOR "), for and in consideration of the sum of TEN AND NO 1100 DOLLARS ($10.00), and other good and valuable consideration to GRANTOR in hand paid by the City of Denton, Texas, a Texas Home Rule Municipal Corporation (herein called "GRANTEE "), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, subject to the reservations set forth below, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto GRANTEE all the real property in Denton County, Texas being particularly described and depicted on Exhibit "A" attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of GRANTOR in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property "). GRANTOR, subject to the limitation of such reservation made herein, reserves, for himself, his heirs, devisees, successors and assigns all of his oil, gas and other Contract of Sale Page 18 of 21 minerals in, on and under and that may be produced from the Property. GRANTOR, his heirs, devisees, successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and /or related to exploration and /or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and /or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. This conveyance is subject to the following: (All of those Exceptions from Coverage found on Schedule B of the Owners Title Policy to which referenced is hereby made for all purposes and incorporated by reference as is fully set forth herein.) TO HAVE AND TO HOLD the Property, together with all and singular the rights Contract of Sale Page 19 of 21 and appurtenances thereto in anywise belonging unto GRANTEE and GRANTEE'S successors and assigns forever; and GRANTOR does hereby bind GRANTOR and GRANTOR'S heirs, devisees, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto GRANTEE and GRANTEE'S successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED the day of 2015 GRANTOR: WILLIAM CHADWICK MANKINS ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this the , 2015 by WILLIAM CHADWICK MANKINS. Upon Filing Return To: The City of Denton - Engineering Attn: Paul Williamson 901 -A Texas Street Denton, TX 76209 Notary Public, State of _ My Commission Expires: Contract of Sale Page 20 of 21 day of Send Tax Billing Statements To: The City of Denton Attn: Finance Department 215 East McKinney Street Denton, Texas 76201 Exhibit "A" to Special Warranty Deed 1 Pi z .5 P� 0 �,WE I - LLJ Lu JIF J, I 0 CC 0 Lu 01, E r Z 'o, OZ u uj CL A r ,0 lo O wp w Ol °<t , l I 0 E ul . w z 0 0 LL 0 a T 9 w 0 NIT N r E' Z A. X AV0 x ' t 0 r o Um jjI °Y '1'J'021 d 66 0d'P'0Vo 0 N011100V N31IIHM X S 9101 iol 0 tu 0 C� C) 00 C) Ninos) 6 C8 9 m Z 1,11, l,.00 s "3'9d'i0P 70A M337VY921 W < w F- 2 In 0 w u Z z 0 uj > < 70 0 'o ma 51 Q c; LU CL C — >0 A Lcul M.K.C1.006 IS 19 u JL33UJLS 3VH13 31NNO13 C-3 Ri Page 21 of 21 Contract of Sale June , 2015 Via Certified Mail Article # * * ** * * ** * * ** * * ** * * ** and by First Class Mail William Chadwick Mankins 624 West University, Suite 164 Denton, TX 76201 Re: Hickory Substation Project (the "Project ") 0.138 Acres out of the E. Pulchalski Survey - Abstract No. 996 City of Denton, Denton County, Texas Parcel Number HS03 FINAL OFFER Dear Mr. Mankins, As you have been made aware via previous correspondence, it is necessary for the City of Denton to upgrade its electrical infrastructure, which requires the acquisition for public use of fee title to 0.138 acres (the "Property" herein) of which you are shown to be the record owner. For your convenient review, enclosed is a true and correct copy of the referenced correspondence, together with all enclosures that were referenced in and provided with the letter. You were originally given 30 days to respond to the City's offer of NINETY -FIVE THOUSAND and no /100 US DOLLARS ($95,000.00) to purchase the above - referenced Property; that time has now passed. Pursuant to Texas Property Code §21.0113(b)(7) the City hereby extends its "Final Offer" of NINETY -FIVE THOUSAND and no /100 US DOLLARS ($95,000.00) to purchase the Property and to compensate for all damages related to the acquisition. The enclosed documents contain the specific terms and conditions of the City of Denton's offer to purchase the Property. Also, please note that the area of the Property is described and depicted in the exhibits to the Contract of Sale. Texas Landowner's Bill of Rights The City of Denton is required by law to provide you with the "Texas Landowner's Bill of Rights ". A copy of that document was previously provided to you, but is provided herein again for your convenience. The Texas Property Code requires that the Landowner's Bill of Rights be provided to property owners at various stages of the negotiation and acquisition process. While the City of Denton possesses the right to "Dedicated to Quality Service" www.cityofdenton.com acquire property for public use by right of eminent domain, the City staff strives to obtain agreements with affected property owners without the need to exercise that authority. Notice of Disclosure Concerning any and all Previous Appraisals The City of Denton is required by law to provide landowners any and all appraisal reports produced or acquired by the City relating specifically to the landowner's property that are prepared in the 10 years preceding the date of the offer to purchase land rights. The appraisal report included with this letter is the only appraisal report known by the City to exist under this requirement. Notice of Disclosure Concerning no Provisions of Confidentiality You have the right to discuss any offer or agreement regarding the City of Denton's acquisition of the Property with others, or to keep the offer or agreement confidential (subject to the Texas Public Information Act, being Chapter 552 of the Texas Government Code). Notice Concerning Easements, Rights -of -Way and Fee Simple Acquisitions The City has hired The Norfleet Group as right of way agents to coordinate discussion, closing and funding of the purchase transaction concerning the Property. Nicole ( "Nikki ") Costanza of The Norfleet Group is designated as your main person of contact regarding the City of Denton's offer to purchase the Property, as evidenced by the enclosed Contract of Sale. Please contact Ms. Costanza regarding your response to the offer, ask any questions, make any comments, or express any concerns which you may have. If you wish to accept the City of Denton's offer to purchase the Property as stipulated herein, Ms. Costanza will promptly facilitate closure and funding of the purchase transaction. In any event, it is our desire to receive a response to our offer within fourteen (14) days of your receipt of this letter. Ms. Costanza may be reached at (817) 675 -9482 or email: nikki.cos -lanza norfleel_ ro.co If the City does not receive an acceptance of the Final Offer made herein by the fourteenth (14th) day of your receipt of this letter, the City will need to initiate eminent domain proceedings in a court of competent jurisdiction in Denton County, Texas to acquire the Property. Sincerely, George Campbell, City Manager Enclosures: Initial Offer Letter; Contract of Sale; Texas Landowner Bill of Rights; Appraisal(s) STATE OF TEXAS § COUNTY OF DENTON § CONTRACT OF SALE NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. This Contract of Sale (the "Contract ") is made this day of , 2015, effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date "), by and between WILLIAM CHADWICK MANKINS (referred to herein as "Seller ") and the City of Denton, Texas, a Home Rule Municipal Corporation of Denton County, Texas (referred to herein as "Buyer "). RECITALS WHEREAS, Seller owns that certain tract of land being more particularly described and depicted on Exhibit "A ", attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land "); and WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, the Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land (collectively, the "Property "). ARTICLE I SALE OF PROPERTY For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, and subject to the reservations herein, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. Seller, subject to the limitation of such reservation made herein, shall reserve, for himself, his heirs, devisees, successors and assigns all of his oil, gas and other minerals in, on and under and that may be produced from the Property. Seller, his heirs, devisees, successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and /or related to exploration and /or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface MOW of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and /or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and /or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of NINETY -FIVE THOUSAND and NO /100 US Dollars ($95,000.00) (the "Purchase Price "). 2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No /100 Dollars ($1,000.00), as Earnest Money (herein so called) with Title Resources, LLC, 525 South Loop 288, Suite 125, Denton, Texas, 76205, (the "Title Company "), as escrow agent, within fourteen (14) calendar days of the Effective Date hereof. All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as provided in this Contract. 2.03 Independent Contract Consideration. Within fourteen (14) calendar days after the Effective Date, Buyer shall deliver to the Title Company, payable to and for the benefit of Seller, a check in the amount of One Hundred and No /100 Dollars ($100.00) (the "Independent Contract Consideration "), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for Seller's execution and delivery of the Contract. The Independent Contract Consideration is in addition to, and independent of any other consideration or payment provided in this Contract of Sale Page 2 of 21 ' *! Contract, is non - refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. (a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be furnished to Buyer a current Commitment for Title Insurance (the "Title Commitment ") for the Property, issued by Title Company. The Title Commitment shall set forth the state of title to the Property, including a list of liens, mortgages, security interests, encumbrances, pledges, assignments, claims, charges, leases (surface, space, mineral, or otherwise), conditions, restrictions, options, severed mineral or royalty interests, conditional sales contracts, rights of first refusal, restrictive covenants, exceptions, easements (temporary or permanent), rights -of -way, encroachments, or any other outstanding claims, interests, estates or equities of any nature (each of which are referred to herein as an "Exception "). (b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments that create or evidence Exceptions (the "Exception Documents "), including those described in the Title Commitment as exceptions to which the conveyance will be subject and /or which are required to be released or cured at or prior to Closing. 3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller shall cause to be prepared at Buyer's expense, a current on the ground survey of the Property (the "Survey "). The contents of the Survey shall be prepared by a surveyor selected by Buyer and shall include the matters prescribed by Buyer, which may include but not be limited to, a depiction of the location of all roads, streets, easements and rights of way, both on and adjoining the Property, water courses, 100 year flood plain, fences and improvements and structures of any kind. The Survey shall describe the size of the Property, in acres, and contain a metes and bounds description thereof. Seller shall furnish or cause to be furnished any affidavits, certificates, assurances, and /or resolutions as required by the Title Company in order to amend the survey exception as required by Section 3.05 below. The description of the Property as set forth in the Survey, at the Buyer's election, shall be used to describe the Property in the deed to convey the Property to Buyer and shall be the description set forth in the Title Policy. 3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall have a period of fifteen (15) calendar days (the "Title Review Period ") commencing with the day Buyer receives the last of the Title Commitment, the Survey, and the Exception Documents, in which to give written notice to Seller, specifying Buyer's objections to one or more of the items ( "Objections "), if any. All items set forth in the Schedule C of the Title Commitment, and all other items set forth in the Title Commitment which are Contract of Sale Page 3 of 21 ' *! required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer. 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, within twenty (20) calendar days after Seller is provided notice of Objections, either satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure those Objections or Exceptions that have been voluntarily placed on or against the Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day period, and if Buyer does not agree in writing to an extension of that period, said extension to not exceed an additional thirty (30) calendar days, then Buyer has the option of either: (a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller prior to Closing, in which event those Objections shall become Permitted Exceptions (herein so called), or (b) terminating this Contract by notice in writing prior to Closing and receiving back the Earnest Money, in which latter event Seller and Buyer shall have no further obligations, one to the other, with respect to the subject matter of this Contract. 3.04.A. Additional Title Commitment. Due to the fact that the effective period of the Title Commitment shall expire prior to Closing, Seller shall cause to be furnished to Buyer, no earlier than ninety one (91) calendar days after the Effective Date and no later than one hundred ten (I 10) calendar days after the Effective Date, a Title Commitment ( "Updated Commitment "), in the form of the Title Commitment prescribed by Section 3.01, above. Buyer shall have fifteen (15) calendar days to review and provide Objections, if any, to the items in the Updated Commitment in the same manner as prescribed by Section 3.03 related to the Title Commitment. All time periods related to review and cure of the Objections, waiver of uncured Objections and termination of this Contract, as set forth in Article 1II, above, shall be applicable to the Objections by Buyer to the Updated Commitment, if any, and Closing shall be so extended to accommodate such review and cure period. 3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas Owner's Policy of Title Insurance ( "Title Policy ") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to the Permitted Exceptions. The Title Policy may contain only the Permitted Exceptions and shall contain no other exceptions to title, with the standard printed or common exceptions amended or deleted as follows: (a) survey exception must be amended if required by Buyer to read "shortages in area" only (although Schedule C of the Title Commitment may condition Contract of Sale Page 4 of 21 ' *! amendment on the presentation of an acceptable survey and payment, to be borne solely by Buyer, of any required additional premium); (b) no exception will be permitted for "visible and apparent easements" or words to that effect (although reference may be made to any specific easement or use shown on the Survey, if a Permitted Exception); (c) no exception will be permitted for "rights of parties in possession "; and (d) no liens will be shown on the title commitment. Notwithstanding the enumeration of the following exceptions, amendments and /or deletions, Buyer may object to any Exception it deems material, in its sole discretion. ARTICLE IV FEASIBILITY REVIEW PERIOD 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending sixty (60) calendar days thereafter (the "Absolute Review Period "), based on such tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. Buyer is granted the right to conduct engineering studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will provide to Seller copies of (i) any and all non - confidential and non - privileged reports and studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey. ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS 5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale and purchase of the Property in accordance with the terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, that: Contract of Sale Page 5 of 21 ' *! (a) The descriptive information concerning the Property set forth in this Contract is complete, accurate, true and correct. (b) There are no adverse or other parties in possession of the Property or any part thereof, and no party has been granted any license, lease or other right related to the use or possession of the Property, or any part thereof, except those described in the Leases, as defined in Article V, Section 5.02(a). (c) The Seller has good and marketable fee simple title to the Property, subject only to the Permitted Exceptions. (d) The Seller has the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder. (e) The Seller has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property. (f) The Seller has disclosed to Buyer in writing of any and all facts and circumstances relating to the physical condition of the Property that may materially and adversely affect the Property and operation or intended operation thereof, or any portion thereof, of which Seller has knowledge. (g) The Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due, if any, which are against or are related to the Property, or will be due as of the Closing, and the Property will be subject to no such liens. (h) The Seller shall convey the Property free and clear of all debts, liens and encumbrances. (i) Seller has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (j) To the best of Seller's knowledge, there has not occurred the disposal or release of any Hazardous Substance to, on or from the Property. As used in this Contract, "Hazardous Substance" means and includes all hazardous and toxic substances, waste or materials, chemicals, and any pollutant or contaminant, including without limitation, PCB's, asbestos, asbestos - containing material, petroleum products and raw materials, that are included Contract of Sale Page 6 of 21 WMME41 under or regulated by any Environmental Law or that would or may pose a health, safety or environmental hazard. As used in this Contract, "Environmental Law" means and includes all federal, state, and local statutes, ordinances, regulations and rules presently in force or hereafter enacted relating to environmental quality, contamination, and clean -up of Hazardous Substances, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as amended, Toxic Substance Control Act, 15 U.S.C. 2601, et seq., and state superlien and environmental clean -up statutes and all rules and regulations presently or hereafter promulgated under or related to said statutes, as amended. (k) All Leases, as defined in Article V, Section 5.02(a), shall have expired or otherwise terminated and any and all tenants or parties occupying the Property pursuant to the Leases shall have permanently abandoned and vacated the Property on or before the date of Closing. (1) The Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) Unless stated otherwise, within ten (10) calendar days after the Effective Date, Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the Property, true, correct, and complete copies of the following: (i) All lease agreements and /or occupancy agreements and /or licenses of any kind or nature (if oral, Seller shall provide to Buyer in writing all material terms thereof) relating to the possession of the Property, or any part thereof, including any and all modifications, supplements, and amendments thereto (the "Leases "). (ii) All environmental audits, soil tests and engineering and feasibility reports, including any and all modifications, supplements and amendments thereto, with respect to the Property that Seller possesses or has the right to receive. (b) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (i) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance or any other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before Contract of Sale Page 7 of 21 ' *! the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Advise the Buyer promptly of any litigation, arbitration, or administrative hearing concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, grant or permit to be attached or perfected, any lien, encumbrance, or charge thereon. (c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of any liens or claims resulting from labor or materials furnished to the Property under any written or oral contracts arising or entered into prior to Closing. 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Seller contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a). ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, all of the following shall have occurred: (a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and (b) Seller cures or Buyer waives in writing, within the time periods specified in Article III, all of Buyer's objections made in accordance with Article III. 6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants and agreements of Seller contained in this Contract are true and correct or have been performed, as applicable, as of the Closing Date, except where specific reference is made to another date. 6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the date of Closing, any portion of the Property has been condemned by an entity other than Buyer, or is the subject of condemnation, eminent domain, or other material proceeding Contract of Sale Page 8 of 21 WMME41 initiated by an entity other than Buyer, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. 6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying the waived condition precedent. 6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VII CLOSING 7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall be one hundred and eighty (180) calendar days after the Effective Date, unless otherwise mutually agreed upon by Buyer and Seller. 7.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company, at the expense of the party designated herein, the following items: (i) The Title Policy, in the form specified in Article III, Section 3.05; (ii) The Special Warranty Deed, substantially in the form as attached hereto as Attachment "1 ", subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; (iii) Other items reasonably requested by the Title Company as administrative Contract of Sale Page 9 of 21 ' *! requirements for consummating the Closing. (b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Article II, Section 2.01, less the Earnest Money and interest earned thereon, in the form of a check or cashier's check or other immediately available funds; (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Buyer with respect to the Property: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. As soon as the amount of taxes levied against the Property for the calendar year in which Closing shall occur is known, Seller and Buyer shall readjust in cash the amount of taxes to be paid by each party with the result that Seller shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the date of Closing) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 7.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs and expenses identified herein as being the responsibility of Buyer. If the responsibility for such costs or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be allocated between the parties in the customary manner for closings of real property similar to the Property in Denton County, Texas. Contract of Sale Page 10 of 21 WMME41 ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller fails to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Seller's part required within the time limits and in the manner required in this Contract; or (iii) Seller fails to deliver at Closing, the items specified in Article VII, Section 7.02(a) of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's sole and exclusive remedies for the default, may, at Buyer's sole option, do any of the following: (i) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to a return of the Earnest Money, and Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to return to Buyer the Earnest Money; (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment, whereupon Buyer shall waive title objections, if any, and accept such title without reduction in Purchase Price on account of title defects and shall be entitled to assert any rights for damages based on Seller's representations, warranties and obligations that are not waived by Buyer by its acceptance of Seller's title; and (iii) Seek other recourse or relief as may be available to Buyer at or by law, equity, contract or otherwise. 8.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for Contract of Sale Page 11 of 21 WMME41 any reason other than a default by Seller under this Contract or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedies for the default, may, at Seller's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Buyer in which event the Seller shall be entitled to a return of the Earnest Money, and Buyer shall, promptly on written request from Seller, execute and deliver any documents necessary to cause the Title Company to return to Seller the Earnest Money; or (ii) Enforce specific performance of this Contract against Buyer. ARTICLE IX MISCELLANEOUS 9.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, delivered, unless expressly provided otherwise in this Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: BUYER: Telecopy Copies to: For Seller: Telecopy: City of Denton Paul Williamson Real Estate and Capital Support 901 -A Texas Street Denton, Texas 76209 Telecopy: (940) 349 -8951 For Buyer: Scott W. Hickey, Attorney at Law Kelsey, Kelsey & Hickey, PLLC P.O. Box 918 Denton, Texas 76202 Telecopy: (940) 387 -9553 Contract of Sale Page 12 of 21 ' *! 9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON COUNTY, TEXAS. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective successors and assigns. If requested by Buyer, Seller agrees to execute, acknowledge and record a memorandum of this Contract in the Real Property Records of Denton County, Texas, imparting notice of this Contract to the public. 9.05 Risk of Loss. If any damage or destruction to the Property shall occur prior to Closing, or if any condemnation or any eminent domain proceedings are threatened or initiated by an entity or party other than Buyer that might result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following: (a) Terminate this Contract and withdraw from this transaction without cost, obligation or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive any (i) in the case of damage or destruction, all insurance proceeds; and (ii) in the case of eminent domain, proceeds paid for the Property related to the eminent domain proceedings. Buyer shall have a period of up to ten (10) calendar days after receipt of written notification from Seller on the final settlement of all condemnation proceedings or insurance claims related to damage or destruction of any improvement located on the Property, in which to make Buyer's election. In the event Buyer elects to close prior to such final settlement, then the Closing shall take place as provided in Article VII, above, and there shall be assigned by Seller to Buyer at Closing all interests of Seller in and to any and all insurance proceeds or condemnation awards which may be payable to Seller on account of such event. In the event Buyer elects to close upon this Contract after final settlement, as described above, Closing shall be held five (5) business days after such final settlement. 9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and /or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and /or deliver, or cause to be performed, executed Contract of Sale Page 13 of 21 WMME41 and /or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article IX, Section 9.06 shall survive Closing. 9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. 9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to Phil Williams, Denton Municipal Electric, General Manager of Buyer, or his designee. 9.10 Contract Execution. This Contract of Sale may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.11 Business Days. If the Closing Date or the day of performance required or permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then the Closing Date or the date of such performance, as the case may be, shall be the next following regular business day. 9.12 Relocation. Relocation advisory services and relocation financial assistance, if applicable pursuant to Ordinance No. 2012 -073 (the "Relocation Ordinance "), shall be administered as provided by the Relocation Ordinance, aside and apart from the transaction contemplated by this Contract. SELLER: WILLIAM CHADWICK MANKINS Executed by Seller on the day of 12015. Contract of Sale Page 14 of 21 WMME41 -s ' GEORGE C. CAMPBELL, CITY MANAGER Executed by Buyer on the day of , 2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY m. APPROVED AS TO LEGAL FORM: SCOTT W. HICKEY, KELSEY, KELSEY & HICKEY, PLLC Contract of Sale Page 15 of 21 WMME41 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract and to perform its duties pursuant to the provisions of this Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources, LLC 525 South Loop 288, Suite 125 Denton, Texas 76205 Telephone: (940) 381 -1006 Telecopy: (940) 898 -0121 LOW Printed Name: Title: Contract receipt date: 12015 Contract of Sale Page 16 of 21 ' *! Exhibit "A" to Contract of Sale w N 9 z ti 0 V) E LU p LU a- z z LUn C/) 0 z E U a U, uj -E 0 g uj .E 0 Q z 0 � 6 E 0 C) cc z � Z Z 0 >: 0 Z w z C) I- I- > C� wo 0 0 (a LIJ Z� 0 0 � z .'m 0 2 � 0 0� P -, -. C/) 04 COW W® R, ,o 2 0 : C3 wpm °zc 0 CO E M 2 cc uj 0 '0�0,, 12 6 -6 5 0 - F '- a - - 7t E P 0 'p , j 2 LU Z 0 0 p -Z E - < 6 Z 2 z P. P. < y z < E. 2 0 0 > i5 o 00 W 0 Iz. E 2 j w t O w OL, E. & W E y E' z 0 t Q. tom 0 z A Ei WL 0 0 z I > J 2 00 E E' Z' 2 CC 4:m 0 (D z U, 2 u E E 4 CO W 10 G a d 66 ' E)d'r OVO N0111GOV NliilHfA 9 101 410l 0 CL 5E 0 I 0 0 (Lv7d,00 og Hinos) LOR .09 "u'pt.00 s I ,WO9 AA..U.14.00S 11 OW) X X T X "'311) 1 101 I�A Om P9,1 9, IPV53 M3S NVS,Zt CO W w w 0 0 w 0 0 '0 z rz z 0 > 0 C11 uj V, CO bi , 0 - 6 .Ott 0 � d 41 2 0 CL uj Q. W (D y 0. C, In p ou CO z L 0 'x z ti O V. 00M M1,99,04.00s RE Q 41= 0—� HO 3H0 3H0 i F� 3HO '09 9.MMOO N nano �mo� �00 �T� (L V JON)'--f 0 8 (AVM-d0-1H`018 H101M 379V18VA) I 0 d J.33111S 3VU 0 31 N N 0-8- 10 lllllil�l 1,1 Exhibit4 Page 17 of 21 contract of Sale o ATTACHMENT "I" to Contract of Sale NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That WILLIAM CHADWICK MANKINS (herein called "GRANTOR "), for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00), and other good and valuable consideration to GRANTOR in hand paid by the City of Denton, Texas, a Texas Home Rule Municipal Corporation (herein called "GRANTEE "), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, subject to the reservations set forth below, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto GRANTEE all the real property in Denton County, Texas being particularly described and depicted on Exhibit "A" attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of GRANTOR in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property "). GRANTOR, subject to the limitation of such reservation made herein, reserves, for himself, his heirs, devisees, successors and assigns all of his oil, gas and other Contract of Sale Page 18 of 21 ' *! minerals in, on and under and that may be produced from the Property. GRANTOR, his heirs, devisees, successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and /or related to exploration and /or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and /or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and /or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. This conveyance is subject to the following: (All of those Exceptions from Coverage found on Schedule B of the Owners Title Policy to which referenced is hereby made for all purposes and incorporated by reference as is fully set forth herein.) TO HAVE AND TO HOLD the Property, together with all and singular the rights Contract of Sale Page 19 of 21 ' *! and appurtenances thereto in anywise belonging unto GRANTEE and GRANTEE'S successors and assigns forever; and GRANTOR does hereby bind GRANTOR and GRANTOR'S heirs, devisees, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto GRANTEE and GRANTEE'S successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED the day of 12015 GRANTOR: WILLIAM CHADWICK MANKINS ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this the 12015 by WILLIAM CHADWICK MANKINS. Notary Public, State of My Commission Expires: day of Upon Filing Return To: Send Tax Billing Statements To: The City of Denton - Engineering The City of Denton Attn: Paul Williamson Attn: Finance Department 901 -A Texas Street 215 East McKinney Street Denton, TX 76209 Denton, Texas 76201 Contract of Sale Page 20 of 21 ' *! Exhibit "A" to Special Warranty Deed w N 9 z ti V) E LU d LU a- z Z F- z LU z LIJ 0 n CO 0 z E a U, uj -E 0 g uj .E Q z 0 E 0 C) m cc z � Z Z 0 >: 0 Z w z C) > C� wo 0 0 LIJ Z� 0 0 � z .'m 0 2 � 0 0� P -, -. C/) 04 COW W® R, ,o 2 0 : C3 wpm °zc 0 CO E M 2 cc uj 0 '0�0,, 12 6 -6 5 0 - F '- a - - 7t E P 0 'p , j 2 LU Z 0 0 P -Z < E -6 Z 2 z < Y z < E. 0 2 0 > i5 o 00 0 Iz. E 2 j w t O E. & W E Y E' z 0 t Q. tom 0 z A Ei WL 0 z I > J 2 00 0 E E' Z' CC 0 2 :m (D 4 z U, 2 u E E 4 CO W 10 G a d 66 ' E)d'r OVO NO111GGV NliilHfA 9 101 410"1 5E 0 soa (Lv7d,00 og Hinos) LOR .09 "u'pt.00 s I ,WO9 AA..U.14.00S 11 OW) o X X T X "'311) 1 101 I�A Om t'9,1 9, IPV53 M3S NVS,Zt CO W w w 0 0 w 0 0 '0 z z > 0 rz 0 C11 holy: is uj V, CO bi , 0 - 6 .Ott 0 � d 41 2 0 CL uj Q. (D y 0. C, ou z ti O L 0 'x z V. 00M M1,99,04.00s RE Q 41= '1Z 6 0—� HO 3H0 3H0 i F� X 3HO '09 9.MMOO N nano �mo� �00 �T� (L V JON)'--f 0 8 (AVM-J0-1H018 H101A4 379V18VA) J.33111S 3VU 0 31 N N 0-8- I EIIIEFE1 10 11111ii�f 1,1 Exhibit4 Page 21 of 21 (.on tract ot Sale o City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -462, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM/ ACM: Bryan Langley Date: June 2, 2015 SUBJECT Consider appointments to Council Committees. BACKGROUND Council will be discussing appointments to Council Committees during the Work Session on June 2, 2015. Changes made during the Work Session will be provided to Council prior to approval. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary City of Denton Page 1 of 1 Printed on 5/28/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -472, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Legal Department CM/ ACM: Anita Burgess, City Attorney Date: June 2, 2015 SUBJECT Discussion to determine whether to repeal Initiative Ordinance No. 2014 -01, "Prohibition of Hydraulic Fracturing "; and, if necessary, to consider adoption of an ordinance repealing Initiative Ordinance No. 2014 -01; and providing an immediate effective date. BACKGROUND The Texas Legislature enacted House Bill 40. This bill went into immediate effect on May 18, 2015. House Bill 40 prohibits cities from adopting or enforcing hydraulic fracturing ban ordinances. As such, the City cannot enforce Initiative Ordinance No. 2014 -01, "Prohibition of Hydraulic Fracturing ". Attached is an ordinance that repeals the initiative ordinance. OPTIONS Approve the ordinance, not approve the ordinance, or take no action. EXHIBITS 1. Ordinance repealing Initiative Ordinance No. 2014 -01. Respectfully submitted: Anita Burgess City Attorney Prepared by: Aaron Leal First Assistant City Attorney /Transactions Division City of Denton Page 1 of 1 Printed on 5/28/2015 sAlegal\ our documents \gas well documents \15 \ordinance repealing hydraulic fracturing ban initiative ordinance.docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS REPEALING INITIATIVE ORDINANCE NO. 2014 -01, "PROHIBITION OF HYDRAULIC FRACTURING "; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Texas Legislature enacted House Bill 40, which bill went into immediate effect on May 18, 2015, and which bill prohibits cities, among other things, from adopting or enforcing hydraulic fracturing bans; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. To the extent not otherwise provided, this ordinance shall repeal Initiative Ordinance No. 2014 -01 in its entirety. SECTION 2. This ordinance shall become effective immediately upon its passage PASSED AND APPROVED at the City Council meeting posted and commenced on the day of , 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: SD13 -0003, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: Jon Fortune Date: June 2, 2015 SUBJECT Hold a public hearing and consider a Special Sign District for the Golden Triangle Mall. The approximately 69.83 -acre subject property is generally located in the area bound by South I -35E to the south, San Jacinto Boulevard to the west, Colorado Boulevard to the north, and South Loop 288 to the east and is located within a Regional Center Commercial Downtown (RCC -D) zoning district. The Planning and Zoning Commission recommends approval (7 -0), with conditions. BACKGROUND The subject property is a collection of 11 parcels generally referred to as the Golden Triangle Mall. These parcels include the main mall building, JCPenney, Dillard's, Sears, Macy's, Wendy's, Corner Bakery, Starbucks, and Pollo Tropical. The owners of these properties have partnered together to request a Special Sign District that would established one consistent, comprehensive sign package for ground signs in the Golden Triangle Mall Area that compliments the recent mall renovations. Other properties in the general area, including those currently used as Chase Bank, El Fenix, and the AT &T store, are under separate ownership from the Mall and elected not to participate in the Sign District. Under the Subchapter 33 of the Code of Ordinance (Sign Code), each individual parcel on the subject property would be permitted one ground sign for each 500 feet of frontage on public right -of -way. In total, this would permit approximately 20 ground signs with a combined size of 3,200 square feet on the subject property; each with their own individual style and design. The details for these potential signs, as they related to height, size, number, and location, are reflected in Exhibit 6. The proposed Special Sign District includes a total of 23 ground signs. The three primary signs in the district include two large, multitenant signs along South I -35 and one at the mall entrance from South Loop 288. Two additional multitenant signs are proposed near the intersection of Colorado Boulevard and San Jacinto Boulevard and along Loop 288 between Chase Bank and Pollo Tropical. Four of these signs are the existing ground signs for Starbucks, Barnes and Noble, Wendy's, and Pollo Tropical. The fourteen remaining signs include directional and entry marker signs located around the inner ring road and mall entrances, rather than traditional multi - tenant signs advertising businesses within the property. The details for all ground signs proposed as part of the district, as they related to height, size, number and location, are reflected in Exhibit 6. The primary benefit of the Special Sign District is the reduction in the number of traditional ground signs from City of Denton Page 1 of 3 Printed on 5/28/2015 File #: SD13 -0003, Version: 1 the 20 down to nine. This is accomplished by consolidating the effective area of ground signs currently permitted under the Sign Code into, primarily, the two multi - tenant signs of greater height and size proposed along South I -35E. Additional benefits include the creation of a design scheme consistent with the recent mall renovations, and the introduction of entry marker and directional signs. These benefits are aligned with the Preferred Growth Concept in Denton Plan 2030, which designate the Golden Triangle Mall as a Placemaking and Urban Vitality Center. To comply with the public hearing notice requirements of the April 22, 2015 Planning and Zoning Commission meeting, staff sent 27 public hearing notices to property owners within 200 feet of the subject property, 68 courtesy notices to physical addresses within 500 feet of the subject property, published a notice in the Denton Record Chronicle, and placed signs on the property. The applicant did not host a neighborhood meeting. As of the writing of this staff report, staff has received no responses to the public hearing notices. The Planning and Zoning Commission recommended approval of the Sign District with staff conditions, as well as an additional condition that the regulations of temporary and wind device signage within the Sign Code shall be applied to the district as a whole, rather than each individual parcel within the subject property. All conditions are supported by the applicant. OPTIONS 1. Approved as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the request (7 -0), with the following conditions: 1. The Special Sign District shall be subject to the provisions of the Golden Triangle Sign Plan, Site Plan, and Elevations. 2. Sign E2 (Barnes & Noble) shall be removed at the property owner and /or tenant's expense upon expiration of the existing tenant lease (January 31, 2019) in place at the time of the approval of the Sign District. 3. The regulations of temporary and wind device signs within the Sign Code shall be applied to the district as a whole, rather that each individual parcel within the subject property. Staff recommends approval of the request, with the following conditions: 1. The Special Sign District shall be subject to the provisions of the Golden Triangle Sign Plan, Site Plan, and Elevations. 2. Sign E2 (Barnes & Noble) shall be removed at the property owner and /or tenant's expense upon expiration of the existing tenant lease (January 31, 2019) in place at the time of the approval of the Sign District. ESTIMATED SCHEDULE OF PROJECT Not Applicable. City of Denton Page 2 of 3 Printed on 5/28/2015 File #: SD13 -0003, Version: 1 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On April 22, 2015, the Planning and Zoning Commission recommend approval (7 -0), with conditions. FISCAL INFORMATION Not Applicable. BID INFORMATION Not Applicable. EXHIBITS 1. Planning and Zoning Commission Staff Report 2. Location/Aerial Map 3. Zoning Map 4. Golden Triangle Mall Sign Plan 5. Summary Table 6. Project Narrative 7. Property Owner Notification Map 8. April 22, 2015 Planning and Zoning Commission Minutes 9. Draft Ordinance Respectfully submitted: Aimee Bissett Interim Director, Planning and Development Prepared by: Michael J. Bell Associate Planner City of Denton Page 3 of 3 Printed on 5/28/2015 PLANNING AND ZONING COMMISSION STAFF REPORT SD13 -0003 — GOLDEN TRIANGLE MALL SPECIAL SIGN DISTRICT TO: Planning and Zoning Commission DATE: April 22, 2015 CASE MANAGER: Mike Bell, (940) 349 -7705 SUBJECT: Hold a public hearing and consider making a recommendation to City Council regarding a Special Sign District for the Golden Triangle Mall. The approximately 69.83 -acre subject property is generally located in the area bound by South I -35E to the south, San Jacinto Boulevard to the west, Colorado Boulevard to the north, and South Loop 288 to the east and is located within a Regional Center Commercial Downtown (RCC -D) zoning district. APPROVAL PROCESS: A public hearing will be held at the Planning and Zoning Commission meeting, and the recommendation of the Commission will be forwarded to the City Council for an additional public hearing and final action, tentatively scheduled for the June 2, 2015 meeting. Vicinity Map: Subject Property Existing Site Photo: SDI 3 -0003 Golden Triangle Mall Prepared By: Mike Bell, (940) 349 -7705 Page 1 of 6 DENTON 4✓w SPENCER ;ELINA U C N 9�N4 QUO 9�cpeR��G Q C4ERM4�K `afa�OO 1P "I PRIVATE SPN LPG S FR,��a tiga po? 4 — ���u�- 3S,os S ?�, C�ES7`q, PpPJ f�, p(' dpi 5 Mk > CF `rF,p �4 ��CF. C'04 CO ''`� 4 X90 Q4aP��C 0 SDI 3 -0003 Golden Triangle Mall Prepared By: Mike Bell, (940) 349 -7705 Page 1 of 6 DENTON City of Denton Special Sign District Planning and Zoning Commission Project Number: SD13 -0003 April 22, 2015 Applicant: The MG Herring Group Property Owner: GTM Development Limited ITEM SUMMARY: The subject property is a collection of 11 parcels on a 69.83 -acre property generally referred to as the Golden Triangle Mall. GTM Development Limited (owner of the main mall building, Wendy's, Corner Bakery, Starbucks, and Pollo Tropical properties) and the properties owned by the main anchor stores (Dillard's, Sears, JC Penney, and Macy's) have partnered together to request a Special Sign District to create one consistent, comprehensive sign style package for the Golden Triangle Mall area. Other properties in the area, including those currently used as Chase Bank, El Fenix, and the AT &T store, are under separate ownership from the Mall and elected not to participate in the sign district. The purpose of a Special Sign District is to allow qualifying properties to deviate from the sign regulations of Chapter 33 of the Denton Code of Ordinances (Code) when the proposed plan would be superior to what could be accomplished under standard regulations. The Golden Triangle Mall Special Sign District would reduce the maximum number of traditional ground signs currently permitted on the Golden Triangle Mall property from 20 to nine (9) in exchange for signs of greater height and size along South Interstate Highway 35E (I -35E) and South Loop 288. In addition to the nine (9) ground signs, it would also provide directional and entry marker signs, all in a comprehensive and unified theme. This theme would be consistent with the facade upgrades recently constructed as part of the overall Mall renovation. PROPOSED ZONING: If approved, a Special Sign District overlay would be applied to the underlying Regional Center Commercial Downtown (RCC -D) zoning district. Below is a breakdown of what ground signs would be permitted under standard sign regulations, the existing grounds signs on site, and what is proposed as part of the Golden Triangle Mall Special Sign District (GTMSSD): Permitted Signs under Subchapter 33 (Sign Code) - Under the Sign Code, each individual property is permitted one ground sign for each 500 ft. of frontage on public right -of -way. This would permit approximately 20 ground signs with a combined size of 3,200 square feet on the subject property. The signage details, as they relate to height, size, number, and location, are reflected in the Summary Table (attached). Existing Signs - There are currently seven ground signs on the mall premise. The signage details, as they relate to height, size, number, and location, are reflected in the Summary Table (attached). • Sign E 1 — Starbucks pad site • Sign E2 — The Barnes and Noble Sign is currently located along the mall's Loop 288 frontage. As part of the Sign District, this sign will be removed at the end of Barnes and Noble's current lease in 2019. • Sign E3 — Wendy's pad site • Sign E4 — Pollo Tropical pad site • Sign Al — Sign Al replaced the original Golden Triangle Mall sign along Loop 288. SDI 3 -0003 Golden Triangle Mall Prepared By: Mike Bell, (940) 349 -7705 Page 2 of 6 DENTON City of Denton Special Sign District Planning and Zoning Commission Project Number: SD13 -0003 April 22, 2015 Applicant: The MG Herring Group Property Owner: GTM Development Limited Sign A2 — Sign A2 is located along the mall's I -35E frontage. This sign was permitted by approval of a sign variance (ZBA13 -0003) on July 2, 2013 and was constructed in spring of 2014. Sign B7 — Sign B7 is a directional sign located near the mall's entrance from Loop 288. New Signs Proposed under GTMSSD - There are 16 new ground signs proposed as part of the Sign District. Thirteen of these signs, although technically ground signs by definition, are directional or entry marker signs, rather than traditional ground signage advertising tenants or businesses. The other three (3) signs are multitenant signs. The signage details, as they relate to height, size, number, and location, are reflected in the Summary Table (attached); however these signs are generally described as follows: 1. Sign A3: Signs A3 is a multi- tenant sign approximately 50 feet in height and 1,160 square feet in size proposed along South Interstate -35E. 2. Signs B1 - 136: The six B signs are directional signs intended to direct customers around the mall's interior ring road towards major tenants. Each sign is approximately eight feet in height and 75 square feet in effective area. 3. Signs Cl — C6: The six C signs are eight -foot tall entry marker signs depicting "Golden Triangle Mall" to be placed on the median of all mall entrances, except at South Loop 288. Each sign is approximately eight feet in height and 80 square feet in effective area. 4. Signs Dl — D2: There are two Type -D multitenant signs proposed: DI at the southwest corner of Colorado Boulevard and San Jacinto Boulevard, and D2 along South Loop 288, between the Pollo Tropical and Chase Bank pad sites. Each sign is approximately 11 feet in height and 80 square feet in effective area. 5. Sign Fl — Sign F1 is a monument sign proposed at the entrance near Corner Bakery, along the southwestern side of the subject property. This sign is approximately eight feet in height and 80 square feet in effective area. Relocation of Signs due to widening of Interstate 35 — In anticipation of the future widening of I -35E, an exhibit is also included in the GTMSSD that provides for alternate locations of Signs A2, A3, Cl, C2, B1, and B2 upon right -of -way acquisition by TxDOT. These locations are required to be a minimum of 20 feet from the curbline of the future I -35 frontage road. CONFORMANCE TO COMPREHENSIVE PLAN: Comprehensive Plan Goals and Objectives: The Future Land Use Map of Denton Plan 2030 identifies the Golden Triangle Mall area as an area intended for Regional Mixed Use. Regional Mixed Use areas should contain uses that are "destinations" that "augment the regional draw and image of Denton." SDI 3 -0003 Golden Triangle Mall Prepared By: Mike Bell, (940) 349 -7705 Page 3 of 6 DENTON City of Denton Special Sign District Planning and Zoning Commission Project Number: SD13 -0003 April 22, 2015 Applicant: The MG Herring Group Property Owner: GTM Development Limited The Preferred Growth Concept of Denton Plan 2030 designated The Golden Triangle Mall area as a "Placemaking & Urban Vitality Center." These Centers should be given special attention in terms of urban design and connectivity, in order to create unique, attractive places in Denton which are easily identifiable by the community and the greater DFW region. STAFF ANALYSIS: Although the total number of ground signs will be increased through the GTMSSD, it should be taken into consideration that nine of the 23 proposed signs are consider traditional ground signs used for advertising individual tenants within the mall property. The remaining 14 signs (existing and proposed) are a combination of directional and entry marker signs for the mall. The Sign Code allows a total of up to 21 ground signs with a total effective area of 3,200 square feet, based on the linear frontage(s) of the properties /pad sites. Currently the site contains seven (7) ground signs with a total effective area of 2,000 square feet. If the applicant chooses, an additional 14 ground signs with an additional 1,200 square feet can be installed. Each individually located and designed differently, potentially resulting in sign clutter constructed with its own, individual style and theme. The GTMSSD would create one unified sign theme among all new ground signage at the mall complimentary to the overall upgrades associated with the ongoing mall renovation. The proposed special sign district effectively groups all permitted ground signs, identifying the location of signs (existing and proposed) and tying them to an ordinance. The ordinance establishes the location of new signs as well as relocation of existing signs upon the widening of I -35. The proposed Sign District application reflects a total of 23 ground signs, of which seven (7) are existing and providing a total effective area of 4,930 square feet. It should be taken into consideration, that although the total number of signs and effective area is increased it also includes existing signs. In addition, the total number of proposed ground signs includes directional and entry marker signs. Furthermore, if any changes are proposed to the height, effective area, location, or other changes to the sign structure an amendment to the subject Special Sign District would be required. Per Section 33.18.4 of the Sign Code, the City Council may approve the creation of a Special Sign District for any property which has more than 300 feet of continuous street frontage on one public street if it finds the District: A. Provides a comprehensive plan for signs that would clearly he superior to what would he allowed without the plan: The proposed sign plan would limit the overall number and size of traditional ground signs along public right -of -way that would be permitted around the mall area. The proposed sign plan also would improve the overall aesthetics by creating one unified sign SDI 3 -0003 Golden Triangle Mall Prepared By: Mike Bell, (940) 349 -7705 Page 4 of 6 DENTON City of Denton Special Sign District Planning and Zoning Commission Project Number: SD13 -0003 April 22, 2015 Applicant: The MG Herring Group Property Owner: GTM Development Limited theme. Over 70 percent of the signage effective area is consolidated into Signs Al -A3 that serves as the major advertisements to motorists traveling on I -35E and Loop 288. Fourteen of the proposed signs (Type B, C, and F Signs) are not traditional ground signs advertising a business, but rather private entry features and directional signage intended to improve the marketing and circulation of the site. This meets the intent of the Placemaking and Urban Vitality Centers in Denton Plan 2030, which are identified as unique locations in the city that should be encouraged to have a sense of place. Without the sign plan, each of the main anchor stores could install ground signs with their own color scheme, materials, and style, rather than one unified theme. B. Would he compatible with surrounding properties. In considering whether a district and sign plan is "compatible" and "clearly superior", the commission and council shall consider, but are not limited to scale, color, material, shape, landscaping, traffic safety and traffic circulation, illumination, and integration. The proposed sign district is compatible with surrounding properties in terms of use, but does allow a greater sign height and size than allowed on those properties. Golden Triangle Mall is a unique regional center that provides an economic benefit not only to the Mall and its tenants, but to surrounding properties as well. A Special Sign District would be appropriate to create a consistent and unified sign style that attracts regional customers to the Mall and surrounding properties. STAFF RECOMMENDATION: Staff recommends approval of the proposed Special Sign District request with the following conditions: 1. The Special Sign District shall be subject to the provisions of the Golden Triangle Mall Sign Plan, Site Plan, and Elevations. 2. Sign E2 (Barnes & Noble) shall be removed at the property owner and /or tenant's expense upon expiration of the existing tenant lease (January 31, 2019) in place at the time of approval of this Sign District. PUBLIC NOTIFICATION: To comply with public hearing notice requirements, staff sent 27 public hearing notices to property owners within 200 feet of the subject property, 68 courtesy notices to physical addresses within 500 feet of the subject property, published a notice in the Denton Record Chronicle, and placed signs on the property. Staff recommended the applicant host a neighborhood meeting, however the applicant decided against having one. As of the writing of this staff report, staff has received no responses to public notification. SDI 3 -0003 Golden Triangle Mall Prepared By: Mike Bell, (940) 349 -7705 Page 5 of 6 DENTON City of Denton Planning and Zoning Commission April 22, 2015 PROJECT TIMELINE: Special Sign District Project Number: SD13 -0003 Applicant: The MG Herring Group Property Owner: GTM Development Limited Subject Date Business Days under DRC Review Business Days out to Applicant Application Received December 11, 2013 - - lst Submittal sent to DRC Members December 12, 2013 - - Coimnents Released to Applicant January 3, 2014 16 - DRC Meeting with Staff January 9, 2014 - 4 2nd Submittal sent to DRC Members February 14, 2014 - 26 Coimnents Released to Applicant March 6, 2014 14 - 3rd Submittal sent to DRC Members October 24, 2014 - 166 Coimnents Released to Applicant November 7, 2014 10 - 4rh Submittal sent to DRC Members January 20, 2014 53 Coimnents Released Pending Approval by City Council February 3, 2015 10 Total Business Days 50 249 ATTACHMENTS: • Location/Aerial Map • Zoning Map • Golden Triangle Mall Sign Plan • Summary Table • Project Narrative • Property Owner Notification Map Reviewed By: Abra Nusser, AICP Planning Supervisor SDI 3 -0003 Golden Triangle Mall Prepared By: Mike Bell, (940) 349 -7705 Page 6 of 6 Submitted By: Ron Menguita, AICP Development Review Committee Administrator lim Site w E Parcels DENTON llninniinq 11 ella.'airtl.moM - GIS Streets a 125 250 �F-t Site w E Parcels DENTON llninniinq 11 ella.'airtl.moM - GIS Streets a 125 250 �F-t GOLDEN TRIANGLE MALL SIGN PLAN Article I In General Article II Sign Regulations Exhibit I Sign District Site Plan (Two Pages) Exhibit II Sign District Plan Elevations and Existing Sign Photos (10 Pages) Exhibit III Permitted Relocations Due to Eminent Domain Article L IN GENERAL Sec 1.1 Titles, Purpose, and Intent. (a) A Special Sign District shall be created by ordinance to be known as the Golden Triangle Mall Special Sign District (SD13 -0003) (hereinafter the GTMSSD). The boundaries of the GTMSSD are that portion of the Golden Triangle Addition, Block 1, located at 2201 South Interstate 35 East that is enclosed within the boundaries set forth in Exhibit I, which is attached to this plan and incorporated by reference herein, comprised of approximately eleven (11) lots: 1R1, 3 -5, 7R2, 7R3, 8 -11, and 14R, and generally described as the property bounded to the south by Interstate 35E, to the west by San Jacinto Boulevard, to the North by Colorado Boulevard, and to the east by Loop 288, specifically excluding Lots 12R and 13 of the Golden Triangle Addition Second Filing Block 1 and Lot 15R of the Golden Triangle Addition, which are currently owned or controlled by Triton Denton Ef, LLC; the Apostal, Kathy B Trust; and JP Morgan Chase Bank NA. (b) The purpose and intent of the creation of the GTMSSD is to grant and regulate a signage plan that will allow properties within the GTMSSD to deviate from the sign regulations of Chapter 33 of the Denton Code of Ordinances (Denton Sign Code), as amended, in compliance with an alternative comprehensive plan that is standardized in design, and which is equal to or superior to what could be accomplished under the standard regulations of the Denton Sign Code, as amended, in the promotion of a safe and commercially active environment. The GTMSSD will encourage a reduced number of ground signs that are consolidated, streamlined, and aesthetically pleasing. (c) Except as otherwise provided for in this Sign Plan, all signs in the GTMSSD must comply with the Denton Sign Code, as amended. In the event of a conflict between the GTMSSD and the Denton Sign Code, as amended, that are not mandated by state or federal law, the requirements set forth in the GTMSSD apply. (d) All signage defined herein may be deemed to be dual faced. Sec 1.2 Definitions. Signs referenced herein shall be defined as consistent with Chapter 33.2 of the Denton Sign Code, as amended, including the following: Maximum Effective Area. The area enclosed by the smallest imaginary regular shape (e.g., parallelogram, triangle, circle, trapezoid) or combination of regular shapes that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming as integral part of the display or used to differentiate the sign from the backdrop or structure against which it is placed. Effective area includes such features as decorative or ornamental elements or features, borders, trims, as well as supporting structure, which is used solely for support of the sign, such as poles, columns and cable, or decorative fence, screening device or wall. For example, with a maximum effective area of a sign being 80 square feet, the sign face and structure (as described above) could total a maximum of 80 square feet per side. Article IL SIGN REGULATIONS Section 2.1 Types of Signs Allowed. Ground signs are allowed within the GTMSSD once a permit is obtained in compliance with Section 33.9 of the Denton Sign Code, as amended, and the standards as specified herein are met. Ground signs located in the GTMSSD may only be used to promote businesses within the GTMSSD. Section 2.2 Prohibited Signs. Signs prohibited within the district shall be as consistent with Chapter 33.4 of the Denton Sign Code, as amended. Section 2.3 Number of Signs Allowed. The number of ground signs allowed is limited to those shown on Exhibit I. Section 2.4 Maximum Effective Area Allowed. The maximum effective area of ground signs within the GTMSSD, including the supporting structure, shall be as follows: Sign Al 310 sq. ft. Sign A2 1,260 sq. ft. Sign A3 1,160 sq. ft. Signs B1 -B7 175 sq. ft. Signs C1 -C6 80 sq. ft. Sign Dl -D2 80 sq. ft. Sign E 1 40 sq. ft. Sign E2 80 sq. ft. Sign E3 80 sq. ft. Sign E4 55 sq. ft. Sign F 1 80 sq. ft. Section 2.5 Maximum Height Allowed. The maximum height of ground signs within the district shall be as follows: Sign Al 30 ft. Sign A2 60 ft. Sign A3 60 ft. Type B 8 ft. Type C 8 ft. Type D 11 ft. Sign El 14 ft. Sign E2 32 ft. Sign E3 8 ft. Sign E4 6 ft. Sign F 1 8 ft. Section 2.6 Location & Minimum Setbacks of Ground Signs. The location and minimum setbacks of ground signs shall be regulated as follows: 2.6.1 Sign Al. There shall be a maximum total of one Sign Al within GTMSSD. Sign Al shall be located as shown on Exhibit I, with a minimum setback of 20 ft. from the curbline of S Loop 288. 2.6.2 Sign A2. There shall be a maximum total of one Sign A2 within GTMSSD. Sign A2 shall be located as shown on Exhibit I, with a minimum setback of 20 ft. from the curbline of the S I -35E frontage road. Sign A2 may be relocated to the general location designated in Exhibit III upon right -of -way acquisition for the I -35 expansion project without amending the Sign Plan. 2.6.3 Sign A3. There shall be a maximum total of one Sign A3 within GTMSSD. Sign A3 shall be located as shown on Exhibit I, with a minimum setback of 20 ft. from the curbline of the S I -35E frontage road. Sign A3 may be relocated to the general location designated in Exhibit III upon right -of -way acquisition for the I -35 expansion project without amending the Sign Plan. 2.6.4 Type B Signs. There shall be a maximum total of seven Type B signs within GTMSSD. Type B signs shall be located as shown on Exhibit L There shall be no minimum setback from the interior mall road. Signs B and B2 may be relocated to the general location designated in Exhibit III upon right -of -way acquisition for the I -35 expansion project without amending the Sign Plan. 2.6.5 Type C Signs. There shall be a maximum total of six Type C signs within GTMSSD. Type C signs shall be located as shown on Exhibit I with a minimum setback of 20 ft. from all public rights -of -way. Signs Cl and C2 may be relocated to the general location designated in Exhibit III upon right -of -way acquisition for the I -35 expansion project without amending the Sign Plan. 2.6.6 Type D Signs. There shall be a maximum total of two Type D signs within GTMSSD. Type D signs shall be located as shown on Exhibit I, with a minimum setback of 20 ft. from all public rights -of -way. 2.6.7 Sign El. Sign El is an existing sign permitted prior to the consideration of GTMSSD. Replacement or relocation the sign from its existing location shall be in accordance with Section 2.7.2 of this document. 2.6.8 Sign E2. Sign E2 is an existing sign permitted prior to the consideration of GTMSSD. In the event that the tenant lease in place at the time of the adoption of the GTMSSD expires, Sign E2 shall be removed immediately at the owner's and /or tenant's expense. Until Sign E2 is removed in accordance with this paragraph, no additional sign permits, including a permit to re -face a sign, shall be authorized within the GTMSSD. 2.6.9 Sign E3. Sign E3 is an existing sign permitted prior to the consideration of GTMSSD. Replacement or relocation the sign from its existing location shall be in accordance with Section 2.7.2 of this document. 2.6.10 Sign E4. Sign E4 is an existing sign permitted prior to the consideration of GTMSSD. Replacement or relocation the sign from its existing location shall be in accordance with Section 2.7.2 of this document. 2.6.11 Sign F1. There shall be a maximum total of one Sign F1 within GTMSSD. Sign F1 shall be located as shown on Exhibit I, with a minimum setback of 20 ft. from the curbline of the S I -35E frontage road. Signs F1 may be relocated to the general location designated in Exhibit III upon right -of -way acquisition for the I -35 expansion project without amending the Sign Plan. Section 2.7 Construction. The construction of ground signs shall be regulated as follows: 2.7.1 Signs Al -A3, 111-117, C1 -C6, D1 -D2, Fl. Signs Al -A3, Bl -B7, Cl -C6, Dl -D2, and F1 shall be generally constructed to comply with the Sign District elevations in Exhibit II, which is attached hereto and incorporated by reference herein. The elevations reflect the required color scheme, materials, shape, illumination, compatibility /integration, and style of the GTMSSD in compliance with Section 33.18.4 of the Denton Sign Code, as amended. Any ground signs installed after the adoption of GTMSSD shall be constructed to generally comply with the attached elevations. Any digital display components shall comply with the Denton Sign Code, as amended. This paragraph does not authorize the construction of ground signs which would otherwise be prohibited by the Denton Sign Code, as amended. 2.7.2 Sign E1, E3, and E4. Signs E 1, E3, and E4 are existing ground signs and may continue to be used as currently constructed. Re- facing of these signs is permitted. Replacement of these signs shall be generally consistent with the design, color, and building materials permitted for Type C Signs as shown in Exhibit II and shall be no greater in maximum height or maximum effective area than each sign's existing height and effective area as provided in Section 2.4 and Section 2.5 of this document. 2.7.3 Sign E2. Replacement or re- facing of Sign E2 is not permitted. Upon expiration of the existing tenant lease on January 31, 2109, Sign E2 shall be removed immediately at the owner's and /or tenant's expense. Until Sign E2 is removed in accordance with this paragraph, no additional sign permits, including a permit to re -face a sign, shall be authorized within the GTMSSD. # .. kr.sra xxasad minus 90Z9L X1'NOlN30 wQ I ,0— ,�= „'m9 /L a7d�s ouzuxrofz��avossa oaas alga bZ09 9SS(Ob6)�� tl I 39£-1 �H1"yf� os 607 Q a I,6 Q3�IJ3HJ rt:?Y �%.��{” a �^i.k, � an. rs o�.�+�n. =m u.mx pp �qbu a MGMW 5,....4V d N L�U,xI,6ISl1tl2IQ lul lul I'- N c27 w 9 �xa, xr ura xxraaaama��s 9OZ9L X1'NOlN30 ED N wQ dCH)kb^WZLllaM�HI Ol� ouzuxroraul�avoLrauras f �, bZ09999(Ob6) 39£1HinosLOZZ Qa ae h'i A m, yiv N, �y �roM r d .�s Y � a / v y r \v L awls Y 31va �I.6 Q3.`IJ3HJ 31VQ'ONI f�Mtl2IQ 9 �xa, xr ura xxraaaama��s 9OZ9L X1'NOlN30 ED N wQ dCH)kb^WZLllaM�HI Ol� ouzuxroraul�avoLrauras f �, bZ09999(Ob6) 39£1HinosLOZZ Qa ae h'i A m, yiv N, �y �roM r d .�s Y � a / v y r \v f �... . ..................................................... Y .......... OEM ON 4 1 , X I h ii l b ii t II II ACME BRICK - Glacier White - Face Brick: Modular Sized Mortar: Plain Gray Concrete MANUFACTURE AND INSTALL (1) D/F SIDE MOUNTED POLE SIGN WITH MULTIPLE TENANTS AS SHOWN. -TOP SIGN CABINET: ALUMINUM CABINETAND TRIM TO BE PAINTED WHITE, FACES TO BE WHITE ALUMINUM PAINTED RED TO MATCH PANTONE 200C WITH CHANNEL LETTERS MOUNTED TO SURFACE. - CHANNEL LETTERS: ALUMINUM RETURNS TO BE WHITE, FACES TO BE WHITE PLEXIGLASS WITH WHITE TRIMCAP AND WILL BE INTERALLY ILLUMINATED WITH WHITE LEDS. - TENANT PANELS: ALUMINUM CABINETAND TRIM TO BE PAINTED GRAY TO MATCH PANTONE 424C, FACES TO BE WHITE PLEXIGLASS WITH VINYL GRAPHICS APPLIED TO SURFACE TO MATCH TENANT'S CUSTOMARY COLOR(S) AND LOGO AND WILL BE INTERNALLY ILLUMINATED WITH 800MA FLUORESCENT LAMPS. DECORATIVE REVEALS: ALUMINUM REVEALS ABOVE TOP SIGN CABINETAND AROUND TENANT CABINETS TO BE PAINTED BLUE TO MATCH GLAZED TILE #RAL 5015 SKY BLUE, DECORATIVE ALUMINUM REVEALAT TOP OF SIGN TO BE TEXCOATED TO MATCH SHERWIN WILLIAMS EXTERIOR PAINT #SW 7666 FLEUR DE SEL. POLE COVER: TO BE (ACME) GLACIER WHITE BRICK WITH PLAIN GRAY CONCRETE MORTAR AND WILL HAVE A DECORATIVE ALUMINUM HALO ILLUMINATED REVERSE CHANNELAPPLIED TO EACH SIDE. ALUMINUM CHANNEL RETURNS AND FACES TO BE PAINTED TO MATCH ELGIN BUTLER #4625 PURPLE HEART GLAZED TILE AND WILL HAVE A CLEAR PLEXIGLASS COVER ON THE BACKSIDE. CHANNEL TO BE INTERNALLY ILLUMINATED WITH PURPLE NEON. jr Alpha Eclipse Excite Series LED unit specs: I Character Height 19' 15 1 U fl° `� 9" Chars /Line (avg) 36 36 3 A `6 33. 434 r'7 Total Lines 7 3 1 ifJ "4 13t LED UNIT SIZE : 5- 10.5" x 15-1.5" CHARACTER COLOR: RGB (16.7 million colors) VIEWABILITY : 160 degrees IL....II::::::.II..) S llGIN S II ]All .IL....II::::: IL....IL.... 11 1 II 0 IN IS II G IN C 0 1 II Y AIM II::::::.II I... I...� NOTE: PERMITS ARE REQUIRED TO REFACE THE TENANT SIGNS. I10. ..II....II::::: :::...Il....l his Ilcai n its irnot a irepirese nta iioirn of any tei nai nt oir OCCLApaincy of the IbLAiilWiirn . 1.. -.. I r �I V 1 awl I T . . . . ..... .. . . 0 1.1q �....., � I 114 0..11 II:::::: II Ihiis Il�:�irn iiS irnot ca r e piresein ta fion of any tee nai nt or OCCUpaincy of the IbUiilldiirn . MANUFACTURE AND INSTALL (1) D/F SIDE MOUNTED POLE SIGN WITH MULTIPLE TENANTS AS SHOWN. TOP SIGN CABINET: ALUMINUM CABINETAND TRIM TO BE PAINTED WHITE, FACES TO BE WHITE ALUMINUM PAINTED RED TO MATCH PANTONE 200C WITH CHANNEL LETTERS MOUNTED TO SURFACE. CHANNEL LETTERS: ALUMINUM RETURNS TO BE WHITE, FACES TO BE WHITE PLEXIGLASS WITH WHITE TRIMCAP AND WILL BE INTERALLY ILLUMINATED WITH WHITE LEDS. TENANT PANELS: ALUMINUM CABINETAND TRIM TO BE PAINTED GRAY TO MATCH PANTONE 424C, FACES TO BE WHITE PLEXIGLASS WITH VINYL GRAPHICS APPLIED TO SURFACE TO MATCH TENANT'S CUSTOMARY COLOR(S) AND LOGO AND WILL BE INTERNALLY ILLUMINATED WITH 800MA FLUORESCENT LAMPS. DECORATIVE REVEALS: ALUMINUM REVEALS ABOVE TOP SIGN CABINETAND AROUND TENANT CABINETS TO BE PAINTED BLUE TO MATCH GLAZED TILE #RAL 5015 SKY BLUE. DECORATIVE ALUMINUM REVEALAT TOP OF SIGN TO BE TEXCOATED TO MATCH SHERWIN WILLIAMS EXTERIOR PAINT #SW 7666 FLEUR DE SEL. - POLE COVER: TO BE TEXCOATED TO MATCH (ACME) GLACIER WHITE BRICKAND WILL HAVE A DECORATIVE ALUMINUM HALO ILLUMINATED REVERSE CHANNELAPPLIED TO EACH SIDE. ALUMINUM CHANNEL RETURNS AND FACES TO BE PAINTED TO MATCH ELGIN BUTLER #4625 PURPLE HEART GLAZED TILE AND WILL HAVE A CLEAR PLEXIGLASS COVER ON THE BACKSIDE. CHANNEL TO BE INTERNALLY ILLUMINATED WITH PURPLE NEON. BASE: ALUMINUM BASE TO BE TEXCOATED TO MATCH PLAIN GRAY CONCRETE. Alpha Eclipse Excite Series LED unit specs Character Height : 19' '10" 10 U 6" 4" 0' Chars /Line(avg.) 36 36 32 "6 35 48 57 Total Lines 3 4 5 7 '10 'I4 IS LED UNIT SIZE : 5- 10.5" x 15-1.5" CHARACTER COLOR: RGB (16.7 million colors) VIEWABILITY : 160 degrees IL.... II::::::. IL.. II °N IIN Sl ]All . IL.... II::::: IL.... IL.... 11 I... II IN II 0 IN IS II G IN C 0 I..) II Y IM I:. II 1.. 1..� NOTE: PERMITS ARE REQUIRED TO REFACE THE TENANT SIGNS. a In MANUFACTURE AND INSTALL (1) D/F SIDE MOUNTED POLE SIGN WITH MULTIPLE TENANTS AS SHOWN. TOP SIGN CABINET: ALUMINUM CABINETAND TRIM TO BE PAINTED WHITE, FACES TO BE WHITE ALUMINUM PAINTED RED TO MATCH PANTONE 200C WITH CHANNEL LETTERS MOUNTED TO SURFACE. CHANNEL LETTERS: ALUMINUM RETURNS TO BE WHITE, FACES TO BE WHITE PLEXIGLASS WITH WHITE TRIMCAP AND WILL BE INTERALLY ILLUMINATED WITH WHITE LEDS. TENANT PANELS: ALUMINUM CABINETAND TRIM TO BE PAINTED GRAY TO MATCH PANTONE 424C, FACES TO BE WHITE PLEXIGLASS WITH VINYL GRAPHICS APPLIED TO SURFACE TO MATCH TENANT'S CUSTOMARY COLOR(S) AND LOGO AND WILL BE INTERNALLY ILLUMINATED WITH 800MA FLUORESCENT LAMPS. DECORATIVE REVEALS: ALUMINUM REVEALS ABOVE TOP SIGN CABINETAND AROUND TENANT CABINETS TO BE PAINTED BLUE TO MATCH GLAZED TILE #RAL 5015 SKY BLUE. DECORATIVE ALUMINUM REVEALAT TOP OF SIGN TO BE TEXCOATED TO MATCH SHERWIN WILLIAMS EXTERIOR PAINT #SW 7666 FLEUR DE SEL. POLE COVER: TO BE TEXCOATED TO MATCH (ACME) GLACIER WHITE BRICKAND WILL HAVE A DECORATIVE ALUMINUM HALO ILLUMINATED REVERSE CHANNELAPPLIED TO EACH SIDE. ALUMINUM CHANNEL RETURNS AND FACES TO BE PAINTED TO MATCH ELGIN BUTLER #4625 PURPLE HEART GLAZED TILE AND WILL HAVE A CLEAR PLEXIGLASS COVER ON THE BACKSIDE. CHANNEL TO BE INTERNALLY ILLUMINATED WITH PURPLE NEON. Ik f r� m - BASE: ALUMINUM BASE TO BE TEXCOATED TO MATCH PLAIN GRAY CONCRETE. Al ha Ecli se Excite Series LED units ecs: Character Height :1g° 95 13 U Fig 4" 3' - Chars /Line (avg.) : 36 36 32 369 3 48 5'7 Total Lines 3 4 5 7 10 '14 'I3t LED UNIT SIZE : 5- 10.5" x 15-1.5" CHARACTER COLOR: RGB (16.7 million colors) VIEWABILITY : 160 degrees IL....II::::::.IL.. II°NIIN &I ]All .... IL.... II::::: IL... .IL.... II ".. 1 II 0 IN IS II G IN C 0 1 II Y AIM II::::::.II I... I...� NOTE: PERMITS ARE REQUIRED TO REFACE THE TENANT SIGNS. I140...II....I1 : : : : : ::: "'II....Ihiis 1pIlain its irnot a repines rnta iio n of any tei nai nt or OCCLApaincy of the IIbUiilldiirn . PIER, STEEL AND, FOOTING IP OF_ IN T. P4 00 I r 0 a� w c� 12 t� I� 1 IV uuiouio lows I UWJ w 6u 2 �— Uj �z w wi um, ui UJ CL 0 at 3 ue LU wi Lu X53= 1 o I� 1 IV uuiouio lows I m A N ACME BRICK '_ rr overall 7 * 8 0$ ", P .......... CD r Glacier White, , - Faice Bri& Modular sized Mortar: Plain Gray Concrete MANUFACTURE AND INSTALL (1) S/F "GOLDEN TRIANGLE" MONUMENT SIGN AS SHOWN. SIGN CABINET: ALUMINUM SIGN CABINET AND TRIM TO BE PAINTED WHITE, FACES TO BE ROUTED OUT WHITE ALUMINUM PAINTED RED TO MATCH PANTONE 200C WITH WHITE PLEXIGLASS PUSH- THROUGH LETTERS. SIGN TO BE INTERNALLY ILLUMINATED WITH WHITE LEDS. DECORATIVE REVEALS: ALUMINUM REVEALS TO BE PAINTED BLUE TO MATCH GLAZED TILE #RAL 5015 SKY BLUE. DECORATIVE ALUMINUM REVEAL AT TOP OF SIGN TO BE TEXCOATED TO MATCH SHERWIN WILLIAMS EXTERIOR PAINT #SW 7666 FLEUR DE SEL. MONUMENT: TO BE (ACME) GLACIER WHITE BRICK WITH PLAIN GRAY CONCRETE MORTAR AND AN INSET ALUMINUM REVEAL THAT IS PAINTED TO MATCH ELGIN BUTLER #4625 PURPLE HEART GLAZED TILE. F/m ACME BRICK Gla(Jer Whitte - F`ace Bhck: Modulai sczed Morrar Main Gray Conctete MANUFACTURE AND INSTALL IT) D/F SIDE•MOUNTED SIGN WITH Mt.) LTIPLE TENANTS AS SHOWN. TOPS16N CABINET: ALUMINUM CABINET AND IR04 TO BL PAIN11 ED WRITE, FACES TO BE WVHITF ALUMINUM PAMI ED RED TO MATCH PANIONF, 2001C W'I'TH CHANNEL LETTERS MOUNTED TO SURFACE CHANNO V EIITFRS At UNIINUNI RETURNS TO BE' WHITE, FACES 10 BE WMIT PLEXIGLASS WI H WHI'l E TMM(AR AND WILL BE INTERNALIY IILL UMMATED WIIIH WHITE, I ENS If, NANT PANELS' ALUMINUM (ARINET AND TROUT TO BE PAINTED GRAY TO MATCH PANTONE 424C, FALLS TO BE WFflTF PLEXR3 ASS WflH CRAY VINYL GRAPHICS APPLIED 10 SURFACE To MATCH PANTONE 424( AND WILL BE INTtt ' RNAI V( Ll UNflNATED Wffli 8004M'A Fl, IJORESCUJT I AMPS, DrCORADVE REVEAIS. ALUMINUM REVEALS ABOVE TOP SIGN CABINEI AND AROUND TENANT CABINETS TO BE PAINTED BLUE:i TO MATCH GLAZE III E #RAL 5015 SKY BWE DE CORADVE A[ UMMUM REVEAL AT Top OF SIGN TO BE TEXCOATED TO MATCH SHERWIN WILLIAMS EXTERIOR PAMIT #SW 1666, FLIOR Dif SEL. POLE COVIFR TO 3E (ACMEN GLACIER WIFIIIE BRICK W11TH PLAIN GRAY CONCRETE MORTAR AND Will, HAVE A DECORATIVE AUJIMINUM HALO IIILLUMIINNEEcD REVERSE CHANNEL APPUED TO EACH SIDE. BASE. ALUMINUM BASS TO BE TrXCOATED TO MATCH ILMN GRAY CONCRETE NOTE: PERMITS ARE REQUIRED TO REFACE TENANT SIGNS. ........................................................................... ol 5' � 9 " ------------------- - --------------- -------------- .1 F/m ACME BRICK Gla(Jer Whitte - F`ace Bhck: Modulai sczed Morrar Main Gray Conctete MANUFACTURE AND INSTALL IT) D/F SIDE•MOUNTED SIGN WITH Mt.) LTIPLE TENANTS AS SHOWN. TOPS16N CABINET: ALUMINUM CABINET AND IR04 TO BL PAIN11 ED WRITE, FACES TO BE WVHITF ALUMINUM PAMI ED RED TO MATCH PANIONF, 2001C W'I'TH CHANNEL LETTERS MOUNTED TO SURFACE CHANNO V EIITFRS At UNIINUNI RETURNS TO BE' WHITE, FACES 10 BE WMIT PLEXIGLASS WI H WHI'l E TMM(AR AND WILL BE INTERNALIY IILL UMMATED WIIIH WHITE, I ENS If, NANT PANELS' ALUMINUM (ARINET AND TROUT TO BE PAINTED GRAY TO MATCH PANTONE 424C, FALLS TO BE WFflTF PLEXR3 ASS WflH CRAY VINYL GRAPHICS APPLIED 10 SURFACE To MATCH PANTONE 424( AND WILL BE INTtt ' RNAI V( Ll UNflNATED Wffli 8004M'A Fl, IJORESCUJT I AMPS, DrCORADVE REVEAIS. ALUMINUM REVEALS ABOVE TOP SIGN CABINEI AND AROUND TENANT CABINETS TO BE PAINTED BLUE:i TO MATCH GLAZE III E #RAL 5015 SKY BWE DE CORADVE A[ UMMUM REVEAL AT Top OF SIGN TO BE TEXCOATED TO MATCH SHERWIN WILLIAMS EXTERIOR PAMIT #SW 1666, FLIOR Dif SEL. POLE COVIFR TO 3E (ACMEN GLACIER WIFIIIE BRICK W11TH PLAIN GRAY CONCRETE MORTAR AND Will, HAVE A DECORATIVE AUJIMINUM HALO IIILLUMIINNEEcD REVERSE CHANNEL APPUED TO EACH SIDE. BASE. ALUMINUM BASS TO BE TrXCOATED TO MATCH ILMN GRAY CONCRETE NOTE: PERMITS ARE REQUIRED TO REFACE TENANT SIGNS. SD 13 -0003 Type E Signs Existing Sign Photo r r, , , Existing Sign Photo Existing Sign Photo Existing Sign Photo overall 9'-5" averallww 7 ........... I F" 7'-5" 8" '. MANUFACTURE AND INSTALL (1) SIF "GOLDEN TRIANGLE" MONUMENT SIGN WITH MULTIPLE TENANTS AS SHOWN, ACME BRICK Glacier White, - Pace Brick, ModWor sized Mortac PWn Gray Concrete NOTE: PERMITS ARE REQUIRED TO REFACE TENANT SIGNS, SIGN CABINET: ALUMINUM SIGN CABINET AND TRIM TO Of, PAINTED WHITE, FACES TO BE ROUTED OUT WHITE ALUMMUM PAINTED RED TO MATCH PANTONE 200C WITH WHITE PLEXIGLASS PUSWTHROUGH LETTERS. SIGN TO BE INTERNALLY ILLUMINATED WITH WHITE LEDS. TENANT CABINETS: ALUMINUM (ABINET. TRIM AND DIVIDERS TO BE PAiNTfD GRAY TO MATCH PANTONF. 4240, FACES TO BE WHITE PLEXIGLASS WITH G TAN" VINYL GRAPHICS APPLIED, TO SURFACE TO MATCH PAN IFONE 424C, SIGNS TO BE INFERNALLY ILLUMINATED WITH WHITE LEDS, DECORATIVE REVEALS: ALUMINUM REVEALS TO BE PAINTED BLUE rO MATCH GLAZED TILE: #RAL 5015, SKY BLUE, DECORATIVE ALUMINUM REVEAL AT TOP OF: SIGN 10 BE TEXCOATED TO MATCH SHERWIN WILLIAMS EXTERIOR PAINT #SW 7666 FLEUR DE SEL, MONUMENT: TO BE (ACME) GLACIER WHITE BRICK Wffl-I PLAIN GRAY CONCRETE MORTAR AND AN INSET ALUMINUM REVEAL THAT IS PAINTED TO MATCH ELGIN BUTLER #4625 PURPLE HEART GLAZED TILE. Exhibit III SUMMARY TABLE PERMITTED UNDER SUBCHAPTER 33 — CODE OF ORDINANCES EXISTING SIGNS *To be iemoved Januai y 31, 2019 PROPOSED SIGNS Sign A3 Multi- Tenant 1 60 ft. 1,160 s . ft. 131 —136 Directional 6 8 ft. 175 s . ft. C1 —C6 Entry Marker 6 8 ft. 80 s . ft. D1 &D2 Multi- Tenant 2 11 ft. 80 s . ft. F1 Entry Marker 1 8 ft. 80 sq. ft. ANALYSIS SPECIAL SIGN DISTRICT: NARRATIVE The Golden Triangle Mall has been undergoing a complete renovation and transformation which will be concluding in late fall. The remodel process has involved a conversion from a local outdated mall to a sophisticated regional center. Alterations have focused on creating updated and inviting entrances using new materials such as new brick, plaster, steel, and updated colors on the inside and outside of the center. Storefronts have been and are currently being updated to new tenant prototypes. Lighting levels have been raised significantly throughout all of the common area. New amenities and planting materials have been placed throughout the mall which creates a cohesive and complimentary addition to the design. Additionally, there has been an extensive exterior enhancement coupled with new landscaping to enrich the streetscape to generate a welcoming design. New signage and graphics are in the process of being installed to help rebrand the center. Bold primary colors were chosen during the design development phase. These colors are seen at both the west entry and east entry into the mall. These colors create a cohesive design that transfers from the building design to the exterior and interior signage. The signage uses the same materials as are used in the building remodel and both complement one another. This includes brick, glazed brick, concrete, and silver painted metal. The lighting of the signage is done where only the stroke of the tenant letter is seen which is respectful and refined as not to be obnoxious. The proposed signage program does not comply with current DDC limitations, so we are requesting that a Special Sign District be created for the Golden Triangle Mall. The exhibits attached tabulate and illustrate the quantity, type, and size of the existing and proposed signs for this Special Signage District. Specifically, we are requesting an increase in allowable signs on all 4 frontages of the proposed Special Signage District, and allowance for additional height and area for the main entry points into the mall property. The existing signs are in compliance with DDC minimum setbacks and maximum effective area requirements. The proposed new signs generally comply with existing DDC requirements for minimum setbacks, effective area, and maximum height, but the proposed large entry monument signs (sign types Al, A2, a3) exceed current DDC allowable requirements for height and /or area. The existing Barnes & Noble monument exceeds current DDC maximum allowable height, but this sign will be removed when the tenant lease expires. The Golden Triangle Mall renovation is principally customer focused to create an unparalleled shopping experience in the North Texas region. Thank you for your consideration for establishing a Special Signage District for the Golden Triangle Mall to assist us in our efforts. SD 13 -0003 Public Notification Map 0 0 o 0 -�j N Site w E Parcels .. ..... DENTON S llninniinq 11 ella.'airtl.moM - GIS Streets a 125 250 eel a I Exhibit 8 April 22, 2015 Planning and Zoning Commission Minutes 5. PUBLIC HEARINGS: A. Hold a public hearing and consider making a recommendation to City Council regarding a Special Sign District for the Golden Triangle Mall. The approximately 69.83 acre subject property is e�y located in the area bound by S I -35E to the south, San Jacinto Boulevard to the west, Colorado Boulevard to the north, and S Loop 288 to the east and is located within a Regional Center Commercial Downtown (RCC -D) zoning district. (SD13- 0003, Golden Triangle Mall, Mike Bell) This item was continued from the April 8, 2015 meeting. Mauladad introduced Bell. Bell provided the location map, site photos, and information for the special sign district. He stated the subject property is approximately 50 acres. He provided a map that identified the entire vicinity of the Golden Triangle Mall, including the anchor stores and additional businesses on the subject site. He stated Chase Bank, El Fenix, and AT & T Store are not included within the Golden Triangle Mall Special Sign District; those businesses opted out of the Special Sign District. Those businesses would not get the benefits of the I -35 sign if this district is approved. Per Subchapter 33, one ground sign per premise is allowed except: When a property has more than one frontage on a Freeway, Arterial, or Collector Street, it may have one sign per frontage; and Each premise with over 500 feet of frontage on a Freeway, Arterial, or Collector Street, may have one additional sign per 500 feet of frontage, or portion thereof. To deviate from The Sign Code when the proposed plan would be superior to what could be accomplished under standard regulations. The Golden Triangle Mall is requesting a sign package that: has a theme consistent with the recent facade upgrades as part of the overall mall renovation; and allows signs of greater height and size in exchange for fewer overall ground signs on the property. Bell provided the existing maps and their locations on the subject property. He provided a brief overview of the renovation theme to the mall. Bell stated Subchapter 33.18.4 of the Denton Sign Code lists the general approval criteria for Special Sign Districts: 1. provides a Comprehensive Plan for signs that would be clearly superior to what would be allowed without the plan; 2. would be compatible with surrounding properties (scale, color, material, shape, landscaping, traffic, illumination, integration); and 3. Under no circumstances may be used to authorize construction of new billboards or any other new signs that are otherwise prohibited under Section 33.4. He provided an overall map with the location of signs that would be allowed within the Golden Triangle Mall Special Sign District, and those without the Special Sign District. The existing Barnes and Nobles store sign will be removed once the contract is up. He stated Corner Bakery doesn't have a sign at this time. Staff sent out 27 Public Hearing notices to property owners within 200 feet of the subject site and 68 courtesy notices to property owners within 500 feet of the subject site. At this time staff has not received any returned responses. The Development Review Committee recommends approval of this request. Reece opened the Public Hearing. There was a Public Hearing card for David Stouts, he doesn't wish to speak, but is in favor of this request. Jim Greenfield, representing Golden Triangle Mall, Senior VP for Cencor Realty Services, 3102 Maple Avenue, Dallas, Texas. Greenfield provided site photos of what has been done to the mall with the recent remodel. He stated several stores have completed renovations and several more are proposing to complete renovations. The mall is currently at 97% occupancy. He stated they are pleased with the recent addition of Corner Bakery. He stated they would also like to see the Barnes and Nobles sign removed. He stated currently the ground sign on Loop 288 is 30 feet tall since it is in ground level it is visible. However, the proposed sign in I -35 would need to be taller in order for travelers along I -35 to see the sign. The sign location is located within a valley so it needs to be elevated in order to make it visible. The proposed sign will cover businesses within the mall that are not currently on the sign on Loop 288. He stated they do not plan to repeat the businesses on the signs. There was no one else to speak Reece closed the Public Hearing. Strange stated this Commission spent a lot of time discussing this item during the Work Session item. This is a great win for the City to clean up I -35 and Loop 288 in order to gain consistency on the signs. He stated he would motion approval of this request based on staff's conditions. Briggle thanked the applicant for their investment on the project in Denton, it is much needed. She stated she is looking forward to visiting the site within the next week to attend the Denton Chamber of Commerce expo that will be held at the mall. She stated the sign seemed excessive; however, since the sign location is within a valley it needs the elevation. Bentley stated he fully supports the renovations that are being done with the mall. He is glad to see money put into the mall, it needed to be done for infrastructure. He stated he doesn't support this sign district. This is not a good precedent. Taylor stated he has concerns with the temporary sign requirements. He requested clarification on how the temporary banners, wind devices, and other temporary signs work. Bell stated the way the temporary signage works is that each parcel is allowed a temporary sign or wind device for thirty days, not to exceed more than three per year, with a thirty day gap in between the permits. He stated each property, with I I in the district, would qualify for the three permits a year. Taylor stated those would have to be posted on their sign. Bell confirmed. Taylor stated he feels this needs to be revisited within the ordinance and not just specific to this project. Reece questioned if that is a condition that could be put on for this project. Taylor stated he is not sure he feels comfortable with that. Reece acknowledged. Bentley stated he feels the opposite way, to him he feels safer to cover all the bases. He stated if a condition is placed on the project to limit the number of wind devices he would support this request. DeCurtis stated Bentley could amend the motion. Reece questioned if Strange would be willing to add it to his motion, Strange denied the amendment. Bentley stated he would make a superior motion to amend the allowed number of sign and wind devices to the property as a whole and not per parcel. Taylor stated he would second the superior motion. Taylor questioned the applicant what kind of impact this would have on him. Greenfield stated he agrees with Bentley, he would be in favor of this condition. The purpose is to clear up the property and clean it up. He stated they have worked hard to do so and will enforce the policy. Strange stated since the applicant is in favor of the condition he would withdraw his motion and support the superior motion. Reece stated Strange's motion has been withdrawn the vote will be on Bentley's motion. Commissioner Brian Bentley motioned, Commissioner Devin Taylor seconded to approve this request based on the following conditions: 1. The Special Sign District shall be subject to the provisions of the Golden Triangle Mall Sign Plan, Site Plan, and Elevations; 2. Sign E2 (Barnes and Noble) shall be removed at the property owner and /or tenant's expense upon expiration of the existing tenant lease (January 31, 2019) in place at the time of approval of this Sign District; 3. Sign and Wind Device requirements shall apply to the property as a whole and not per parcel. Motion approved (7 -0). Commissioner Jim Strange, aye, Commissioner Brian Bentley, aye, Commissioner Devin Taylor, aye, Commissioner Frank Conner, aye, Commissioner Frank Dudowicz, aye, Commissioner Amber Briggle, aye, and Chair Thom Reece, aye. sAlegal \our documents \ordinances \15 \sd 13 -0003 ordinance.docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A SPECIAL SIGN DISTRICT ZONING OVERLAY ON AN APPROXIMATELY 69.83 ACRE PROPERTY GENERALLY LOCATED IN THE AREA BOUND BY SOUTH 1 -35E TO THE SOUTH, SAN JACINTO BOULEVARD TO THE WEST, COLORADO BOULEVARD TO THE NORTH, AND SOUTH LOOP 288 TO THE EAST, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (SDI 3-0003) WHEREAS, GTM Development Ltd., property owner, has applied for a Special Sign District on approximately 69.83 acres of land legally described in Exhibit "A ", attached hereto and incorporated herein by reference (hereinafter, the "Property "); and WHEREAS, on April 22, 2015, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval with conditions (7 -0) of the Special District; and WHEREAS, on June 2, 2015, the City Council likewise conducted a public hearing as required by law, and finds that the request, with conditions, meets and complies with all substantive and procedural standards set forth in Section 33.18 of the Denton Code of Ordinances, and is consistent with Denton Plan 2030 and the Denton Code of Ordinances; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for Special Sign District on the property, have determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said Special Sign District is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The underlying Regional Center Commercial Downtown (RCC -D) zoning district and use classification of the Property is hereby granted a Special Sign District overlay, subject to the following condition: I . The regulations of temporary and wind device signs within the Sign Code shall be applied to the district as a whole, rather that each individual parcel within the subject property. SECTION 3. The City's official zoning map is hereby amended to show the overlay to the underlying Regional Center Commercial Downtown (RCC -D) zoning district and use classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r " �� °--• y of � r -I � Exhibit A Legal Description STATE OF TEXAS COUNTY OF DENTON BEING A TRACT OF LAND SITUATED IN THE J.W. MCGOWAN SURVEY, ABSTRACT NO. 797, R.H. HOPKINS SURVEY, ABSTRACT NO. 1694, J.S. TAFT SURVEY, ABSTRACT NO. 1264 AND BEING ALL OF LOT 1R1 AND 7R3, BLOCK 1 OF THE GOLDEN TRIANGLE ADDITION, AN ADDITION TO THE CITY OF DENTON BY PLAT RECORDED IN DOCUMENT NUMBER 2014 -236, OF THE OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS (O.P.R.D.C.T.), BEING ALL OF LOT 7R2, BLOCK 1, OF THE GOLDEN TRIANGLE ADDITION, AN ADDITION TO THE CITY OF DENTON BY PLAT RECORDED IN DOCUMENT NUMBER 2012 -255, (O.P.R.D.C.T.), BEING ALL OF LOTS 3, 4, 5, 9 AND 10, BLOCK 1, OF THE GOLDEN TRIANGLE ADDITION, AN ADDITION TO THE CITY OF DENTON BY PLAT RECORDED IN CABINET B, PAGE 124, OF THE PLAT RECORDS, DENTON COUNTY, TEXAS (P.R.D.C.T.), BEING ALL OF LOT 11, BLOCK 1, OF THE GOLDEN TRIANGLE ADDITION, AN ADDITION TO THE CITY OF DENTON BY PLAT RECORDED IN VOLUME B, PAGE 350, (P.R.D.C.T.), AND BEING ALL OF LOT 14R, BLOCK 1, OF THE GOLDEN TRIANGLE ADDITION, AN ADDITION TO THE CITY OF DENTON BY PLAT RECORDED IN DOCUMENT NUMBER 2010 -127, (O.P.R.D.C.T.): Exhibit B GOLDEN TRIANGLE MALL SIGN PLAN Article I In General Article II Sign Regulations Exhibit I Sign District Site Plan (Two Pages) Exhibit II Sign District Plan Elevations and Existing Sign Photos (10 Pages) Exhibit III Permitted Relocations Due to Eminent Domain Article I. IN GENERAL See 1.1 Titles, Purpose, and Intent. (a) A Special Sign District shall be created by ordinance to be known as the Golden Triangle Mall Special Sign District (SD13 -0003) (hereinafter the GTMSSD). The boundaries of the GTMSSD are that portion of the Golden Triangle Addition, Block 1, located at 2201 South Interstate 35 East that is enclosed within the boundaries set forth in Exhibit I, which is attached to this plan and incorporated by reference herein, comprised of approximately eleven (11) lots: 1R1, 3 -5, 7R2, 7R3, 8 -11, and 14R, and generally described as the property bounded to the south by Interstate 35E, to the west by San Jacinto Boulevard, to the North by Colorado Boulevard, and to the east by Loop 288, specifically excluding Lots 12R and 13 of the Golden Triangle Addition Second Filing Block 1 and Lot 15R of the Golden Triangle Addition, which are currently owned or controlled by Triton Denton Ef, LLC; the Apostal, Kathy B Trust; and JP Morgan Chase Bank NA. (b) The purpose and intent of the creation of the GTMSSD is to grant and regulate a signage plan that will allow properties within the GTMSSD to deviate from the sign regulations of Chapter 33 of the Denton Code of Ordinances (Denton Sign Code), as amended, in compliance with an alternative comprehensive plan that is standardized in design, and which is equal to or superior to what could be accomplished under the standard regulations of the Denton Sign Code, as amended, in the promotion of a safe and commercially active environment. The GTMSSD will encourage a reduced number of ground signs that are consolidated, streamlined, and aesthetically pleasing. (c) Except as otherwise provided for in this Sign Plan, all signs in the GTMSSD must comply with the Denton Sign Code, as amended. In the event of a conflict between the GTMSSD and the Denton Sign Code, as amended, that are not mandated by state or federal law, the requirements set forth in the GTMSSD apply. (d) All signage defined herein may be deemed to be dual faced. Sec 1.2 Definitions. Signs referenced herein shall be defined as consistent with Chapter 33.2 of the Denton Sign Code, as amended, including the following: Maximum Effective Area. The area enclosed by the smallest imaginary regular shape (e.g., parallelogram, triangle, circle, trapezoid) or combination of regular shapes that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming as integral part of the display or used to differentiate the sign from the backdrop or structure against which it is placed. Effective area includes such features as decorative or ornamental elements or features, borders, trims, as well as supporting structure, which is used solely for support of the sign, such as poles, columns and cable, or decorative fence, screening device or wall. For example, with a maximum effective area of a sign being 80 square feet, the sign face and structure (as described above) could total a maximum of 80 square feet per side. Article II. SIGN REGULATIONS Section 2.1 Types of Signs Allowed. Ground signs are allowed within the GTMSSD once a permit is obtained in compliance with Section 33.9 of the Denton Sign Code, as amended, and the standards as specified herein are met. Ground signs located in the GTMSSD may only be used to promote businesses within the GTMSSD. Section 2.2 Prohibited Signs. Signs prohibited within the district shall be as consistent with Chapter 33.4 of the Denton Sign Code, as amended. Section 2.3 Number of Signs Allowed. The number of ground signs allowed is limited to those shown on Exhibit I. Section 2.4 Maximum Effective Area Allowed. The maximum effective area of ground signs within the GTMSSD, including the supporting structure, shall be as follows: Sign Al 310 sq. ft. Sign A2 1,260 sq. ft. Sign A3 1,160 sq. ft. Signs B1 -B7 175 sq. ft. Signs CI -C6 80 sq. ft. Sign D 1 -D2 80 sq. ft. Sign El 40 sq. ft. Sign E2 80 sq. ft. Sign E3 80 sq. ft. Sign E4 55 sq. ft. Sign F1 80 sq. ft. Section 2.5 Maximum Height Allowed. The maximum height of ground signs within the district shall be as follows: Sign Al 30 ft. Sign A2 60 ft. Sign A3 60 ft. Type B 8 ft. Type C 8 ft. Type D 11 ft. Sign El 14 ft. Sign E2 32 ft. Sign E3 8 ft. Sign E4 6 ft. Sign F 1 8 ft. Section 2.6 Location & Minimum Setbacks of Ground Signs. The location and minimum setbacks of ground signs shall be regulated as follows: 2.6.1 Sign Al. There shall be a maximum total of one Sign Al within GTMSSD. Sign Al shall be located as shown on Exhibit I, with a minimum setback of 20 ft. from the curbline of S Loop 288. 2.6.2 Sign A2. There shall be a maximum total of one Sign A2 within GTMSSD. Sign A2 shall be located as shown on Exhibit I, with a minimum setback of 20 ft. from the curbline of the S I -35E frontage road. Sign A2 may be relocated to the general location designated in Exhibit III upon right -of -way acquisition for the I -35 expansion project without amending the Sign Plan. 2.6.3 Sign A3. There shall be a maximum total of one Sign A3 within GTMSSD. Sign A3 shall be located as shown on Exhibit I, with a minimum setback of 20 ft. from the curbline of the S I -35E frontage road. Sign A3 may be relocated to the general location designated in Exhibit III upon right -of -way acquisition for the I -35 expansion project without amending the Sign Plan. 2.6.4 Type B Signs. There shall be a maximum total of seven Type B signs within GTMSSD. Type B signs shall be located as shown on Exhibit I. There shall be no minimum setback from the interior mall road. Signs B1 and B2 may be relocated to the general location designated in Exhibit III upon right -of -way acquisition for the I -35 expansion project without amending the Sign Plan. 2.6.5 Type C Signs. There shall be a maximum total of six Type C signs within GTMSSD. Type C signs shall be located as shown on Exhibit I, with a minimum setback of 20 ft. from all public rights -of -way. Signs CI and C2 may be relocated to the general location designated in Exhibit III upon right -of -way acquisition for the I -35 expansion project without amending the Sign Plan. 2.6.6 Type D Signs. There shall be a maximum total of two Type D signs within GTMSSD. Type D signs shall be located as shown on Exhibit I, with a minimum setback of 20 ft. from all public rights -of -way. 2.6.7 Sign El. Sign El is an existing sign permitted prior to the consideration of GTMSSD. Replacement or relocation the sign from its existing location shall be in accordance with Section 2.7.2 of this document. 2.6.8 Sign E2. Sign E2 is an existing sign permitted prior to the consideration of GTMSSD. In the event that the tenant lease in place at the time of the adoption of the GTMSSD expires, Sign E2 shall be removed immediately at the owner's and /or tenant's expense. Until Sign E2 is removed in accordance with this paragraph, no additional sign permits, including a permit to re -face a sign, shall be authorized within the GTMSSD. 2.6.9 Sign E3. Sign E3 is an existing sign permitted prior to the consideration of GTMSSD. Replacement or relocation the sign from its existing location shall be in accordance with Section 2.7.2 of this document. 2.6.10 Sign E4. Sign E4 is an existing sign permitted prior to the consideration of GTMSSD. Replacement or relocation the sign from its existing location shall be in accordance with Section 2.7.2 of this document. 2.6.11 Sign F1. There shall be a maximum total of one Sign Fl within GTMSSD. Sign Fl shall be located as shown on Exhibit I, with a minimum setback of 20 ft. from the curbline of the S I -35E frontage road. Signs Fl may be relocated to the general location designated in Exhibit III upon right -of -way acquisition for the I -35 expansion project without amending the Sign Plan. Section 2.7 Construction. The construction of ground signs shall be regulated as follows: 2.7.1 Signs Al -A3, B1 -B7, C1 -C6, D1 -D2, F1. Signs AI-A3, B 1 -B7, Cl-C6, DI-D2, and Fl shall be generally constructed to comply with the Sign District elevations in Exhibit II, which is attached hereto and incorporated by reference herein. The elevations reflect the required color scheme, materials, shape, illumination, compatibility /integration, and style of the GTMSSD in compliance with Section 33.18.4 of the Denton Sign Code, as amended. Any ground signs installed after the adoption of GTMSSD shall be constructed to generally comply with the attached elevations. Any digital display components shall comply with the Denton Sign Code, as amended. This paragraph does not authorize the construction of ground signs which would otherwise be prohibited by the Denton Sign Code, as amended. 2.7.2 Sign El, E3, and E4. Signs El, E3, and E4 are existing ground signs and may continue to be used as currently constructed. Re- facing of these signs is permitted. Replacement of these signs shall be generally consistent with the design, color, and building materials permitted for Type C Signs as shown in Exhibit II and shall be no greater in maximum height or maximum effective area than each sign's existing height and effective area as provided in Section 2.4 and Section 2.5 of this document. 2.7.3 Sign E2. Replacement or re- facing of Sign E2 is not permitted. Upon expiration of the existing tenant lease on January 31, 2109, Sign E2 shall be removed immediately at the owner's and /or tenant's expense. Until Sign E2 is removed in accordance with this paragraph, no additional sign permits, including a permit to re -face a sign, shall be authorized within the GTMSSD. ZZ 1 A CD CID i o �\ S' -- - - --1 \\ L l!a!gx3 1z as zl 0 z - i r -- l f `tj `" 9 \ // / % �\ � fir\ \ \ \ ✓l \�J r \1 CkD ' c II i r '\ — C) ; t _ .. — r tz \ i ;\ Cl \ i a c� a 7 1'A v. y T� z W �rn s i o (uuvvt ur - u ucu Golden Triangle Mail - 's mc..n Poor THE WEITZMAN CROUP � — 2201 SOUTH I35E (540)556 6624 v DENTON TX 76205 / ✓ U � \1 CkD ' c i \ i a c� a 7 1'A v. y T� z W �rn s i o (uuvvt ur - u ucu Golden Triangle Mail - 's mc..n Poor THE WEITZMAN CROUP � — 2201 SOUTH I35E (540)556 6624 v DENTON TX 76205 Exhibit II " 13'•7" m W t s 91-0" 31-01 11 Vf 111 ACME BRICK - Glacier White - Face Brick: Modular Sized Mortar: Plain Gray Concrete CL vIC, 100 TO BE INSTALLED AT A LATER DATE '. I MANUFACTURE AND INSTALL (1) DIF SIDE MOUNTED POLE SIGN { WITH MULTIPLE TENANTS AS SHOWN. Character Height TOP SIGN CABINET: ALUMINUM CABINET AND TRIM TO BE PAINTED PAINTED RED TO MATCH r Chars /Line (avg.)- WHITE, FACES TO BE WHITE ALUMINUM PANTONE 200C WITH CHANNEL LETTERS MOUNTED TO SURFACE. l "= CHANNEL LETTERS: ALUMINUM RETURNS TO BE WHITE, FACES TO Total Lines A, s ( BE WHITE PLEXIGLASS WITH WHITE TRIMCAPAND WILL BE ,_.1 LED UNIT SIZE: 5'-10.5'x 15 -1,5 6' INTERALLY ILLUMINATED WITH WHITE LEDS. � �- COLOR: 3 million colors) TENANT PANELS: ALUMINUM CABINET AND TRIM TO BE PAINTED -, GRAY TO MATCH PANTONE 424C, FACES TO BE WHITE PLEXIGLASS WITH VINYL GRAPHICS APPLIED TO SURFACE TO MATCH TENANT'S V EAAWSILITY 60 degrees CUSTOMARY COLOR(S) AND LOGO AND WILL BE INTERNALLY I ILLUMINATED WITH 800MA FLUORESCENT LAMPS. - DECORATIVE REVEALS: ALUMINUM REVEALS ABOVE TOP SIGN t° 3` -•) CABINET AND AROUND TENANT CABINETS TO BE PAINTED BLUE DENTON SIGN CODE; AS AMENDED TO MATCH GLAZED TILE #RAL 5015 SKY BLUE. DECORATIVE ALUMINUM REVEAL AT TOP OF SIGN TO BE TEXCOATED TO MATCH SHERWIN WILLIAMS EXTERIOR PAINT #SW 7666 FLEUR DE SEL. �— POLE COVER: TO BE (ACME) GLACIER WHITE BRICK WITH PLAIN �) NOTE: PERMITS ARE REQUIRED TO REFACE THE TENANT GRAY CONCRETE MORTAR AND WILL HAVE A DECORATIVE ALUMINUM HALO ILLUMINATED REVERSE CHANNEL APPLIED TO 61 a� � EACH SIDE. ALUMINUM CHANNEL RETURNS AND FACES TO BE NOTE: This plan is not a representation of _ PAINTED TO MATCH ELGIN BUTLER #4625 PURPLE HEART GLAZED ca any tenant or occupancy of the building. j TILE AND WILL HAVE A CLEAR PLEXIGLASS COVER ON THE BACKSIDE. CHANNEL TO BE INTERNALLY ILLUMINATED WITH I PURPLE NEON. TO BE INSTALLED AT A LATER DATE '. Alpha Eclipse Excite Se; LED umt specs: { I Character Height Chars /Line (avg.)- "= Total Lines A, s ( (( ,_.1 LED UNIT SIZE: 5'-10.5'x 15 -1,5 6' � �- COLOR: 3 million colors) -, V EAAWSILITY 60 degrees I - LED SIGN SHALL FOLLOW CURRENT 3` -•) - DENTON SIGN CODE; AS AMENDED NOTE: PERMITS ARE REQUIRED TO REFACE THE TENANT SIGNS. 61 a� � 6" NOTE: This plan is not a representation of _ 1zrtI L any tenant or occupancy of the building. 4',6� r _O y s13 tD 9 �sl .a �r r 4 'Y i+t M n`z r= =r; N, < s s, 7 �s NOTE- This plan is not a representation of any tenant or occupancy of the building. } MANUFACTURE AND INSTALL (1) DIF SIDE MOUNTED POLE SIGN i WITH MULTIPLE TENANTS AS SHOWN. -TOP SIGN CABINET: ALUMINUM CABINET AND TRIM TO BE PAINTED WHITE, FACES TO BE WHITE ALUMINUM PAINTED RED TO MATCH PANTONE 200C WITH CHANNEL LETTERS MOUNTED TO SURFACE. j CHANNEL LETTERS: ALUMINUM RETURNS TO BE WHITE. FACES TO BE WHITE PLEXIGLASS WITH WHITE TRIMCAP AND WILL BE INTERALLY ILLUMINATED WITH WHITE LEDS. { TENANT PANELS: ALUMINUM CABINET AND TRIM TO BE PAINTED S GRAY TO MATCH PANTONE 424C, FACES TO BE WHITE PLEXIGLASS ( WITH VINYL GRAPHICS APPLIED TO SURFACE TO MATCH TENANT'S CUSTOMARY COLOR(S) AND LOGO AND WILL BE INTERNALLY ILLUMINATED WITH 800MA FLUORESCENT LAMPS. co ! DECORATIVE REVEALS: ALUMINUM REVEALS ABOVE TOP SIGN CABINETAND AROUND TENANT CABINETS TO BE PAINTED BLUE TO MATCH GLAZED TILE #RAL 5015 SKY BLUE. DECORATIVE ALUMINUM REVEAL AT TOP OF SIGN TO BE TEXCOATED TO MATCH SHERWIN WILLIAMS EXTERIOR PAINT #SW 7666 FLEUR DE SEL. - POLE COVER: TO BE TEXCOATED TO MATCH (ACME) GLACIER : WHITE BRICKAND WILL HAVE A DECORATIVE ALUMINUM HALO ILLUMINATED REVERSE CHANNELAPPLIED TO EACH SIDE, I ALUMINUM CHANNEL RETURNS AND FACES TO BE PAINTED TO MATCH ELGIN BUTLER #4625 PURPLE HEART GLAZED TILE AND WILL HAVE A CLEAR PLEXIGLASS COVER ON THE BACKSIDE. CHANNEL TO BE INTERNALLY ILLUMINATED WITH PURPLE NEON. BASE: ALUMINUM BASE TO BE TEXCOATED TO MATCH PLAIN GRAY CONCRETE. 9; t VS ffi II )Pll �q. �3t < Alpha Eclipse Excite Series LEO unit Character Height t Chars1Line (avg ) Total Lines �: LED UNIT SIZE: 5- 10 5' x 15'-1,5 CHARACTER COLOR: RGB (16.7 million colors) VIEWABILITY: 160 degrees LED SIGN SHALL FOLLOW CURRENT DENTON SIGN CODE, AS AMENDED NOTE: PERMITS ARE REQUIRED TO REFACE THE TENANT i SIGNS. iz" +I o ro u t' 914Y, 0 iV i+', q M �r an in r Ah. `..;, MANUFACTURE AND INSTALL (1) DIF SIDE MOUNTED POLE SIGN WITH MULTIPLE TENANTS AS SHOWN. I TOP SIGN CABINET: ALUMINUM CABINETAND TRIM TO BE PAINTED I WHITE, FACES TO BE WHITE ALUMINUM PAINTED RED TO MATCH PANTONE 200C WITH CHANNEL LETTERS MOUNTED TO SURFACE. CHANNEL LETTERS: ALUMINUM RETURNS TO BE WHITE, FACES TO { BE WHITE PLEXIGLASS WITH WHITE TRIMCAP AND WILL BE INTERALLY ILLUMINATED WITH WHITE LEDS. TENANT PANELS: ALUMINUM CABINET AND TRIM TO BE PAINTED I GRAY TO MATCH PANTONE 424C, FACES TO BE WHITE PLEXIGLASS WITH VINYL GRAPHICS APPLIED I U SUHFAUE TO MATCH TENANT'S CUSTOMARY COLOR(S) AND LOGO AND WILL BE INTERNALLY ILLUMINATED WITH 800MA FLUORESCENT LAMPS. DECORATIVE REVEALS: ALUMINUM REVEALS ABOVE TOP SIGN CABINET AND AROUND TENANT CABINETS TO BE PAINTED BLUE TO MATCH GLAZED TILE #RAL 5015 SKY BLUE. DECORATIVE ALUMINUM REVEAL AT TOP OF SIGN TO BE TEXCOATED TO MATCH j SHERWIN WILLIAMS EXTERIOR PAINT #SW 7666 FLEUR DE SEL, POLE COVER: TO BE TEXCOATED TO MATCH (ACME) GLACIER i WHITE BRICKAND WILL HAVE A DECORATIVE ALUMINUM HALO "0 I ILLUMINATED REVERSE CHANNELAPPLIED TO EACH SIDE. j ALUMINUM CHANNEL RETURNS AND FACES TO BE PAINTED TO MATCH ELGIN BUTLER #4625 PURPLE HEART GLAZED TILE AND WILL HAVE A CLEAR PLEXIGLASS COVER ON THE BACKSIDE. CHANNEL TO BE INTERNALLY ILLUMINATED WITH PURPLE NEON. - BASE: ALUMINUM BASE TO BE TEXCOATED TO MATCH PLAIN GRAY I ^ CONCRETE. § s % F I Alpha Eclipse Excite Series LED unit specs: ( Character Height Chars /Pne (avg.) Total Lines 4 "1' '- s i i LED UNIT SIZE: 5'-10.5'x 15' -1.5" CHARACTER COLOR : RGB (16.7 million colors) VIEWABILITY : 160 degrees LED SIGN SHALL FOLLOW CURRENT DENTON SIGN CODE, AS AMENDED NOTE: PERMITS ARE REQUIRED TO REFACE THE TENANT SIGNS. NOTE: This plan is not a representation of any tenant or occupancy of the building. m -o � U N C Y U m W Q N is 00 a o in N h N co N i0 a 0 N N W 2: a W! o J� >J>i Z' C91 1U Oj< W' 010' z I b 0 w � r Z O S M Q J G Q W F- G1 a r w w r f- 2w w Q m r O ZD a w W O O O fl IX Z r n D Z Q N 2 s a z oz d m m v ^ ¢ n O O r lei Z ryy U N Q �a ¢ w F =W w F w o cc H Z v Q p UA m O J 0 O O � r Z U Q r m Q m �- Za cc0 �cc V i; V Z x 0—„— , ^ »m V z Z s O > J Q rc w Z� J Q V1 U Q F W '¢ U' cc Q vi W 7 Q O w F_ W 4 m O z Z Z z a U x Q !v- v ti- Z t? w Z Q X t_ O w W Z L O =� O w J M7 O. W cr O f— b MANUFACTURE AND INSTALL (1) S/F "GOLDEN TRIANGLE" MONUMENT SIGN AS SHOWN. SIGN CABINET: ALUMINUM SIGN CABINET AND TRIM TO BE PAINTED WHITE, FACES TO BE ROUTED OUT WHITE ALUMINUM PAINTED RED TO MATCH PANTONE 200C WITH WHITE PLEXIGLASS PUSH- THROUGH LETTERS. SIGN TO BE INTERNALLY ILLUMINATED WITH WHITE LEDS. DECORATIVE REVEALS: ALUMINUM REVEALS TO BE PAINTED BLUE TO MATCH GLAZED TILE #RAL 5015 SKY BLUE. DECORATIVE ALUMINUM REVEAL AT TOP OF SIGN TO BE TEXCOATED TO MATCH SHERWIN WILLIAMS EXTERIOR PAINT #SW 7666 FLEUR DE SEL. MONUMENT: TO BE (ACME) GLACIER WHITE BRICK WITH PLAIN GRAY CONCRETE MORTAR AND AN INSET ALUMINUM REVEAL THAT IS PAINTED TO MATCH ELGIN BUTLER #4625 PURPLE HEART GLAZED TILE. �m v O C) ^ V i �M. rte^ i MANUFACTURE AND INSTALL (1) S/F "GOLDEN TRIANGLE" MONUMENT SIGN AS SHOWN. SIGN CABINET: ALUMINUM SIGN CABINET AND TRIM TO BE PAINTED WHITE, FACES TO BE ROUTED OUT WHITE ALUMINUM PAINTED RED TO MATCH PANTONE 200C WITH WHITE PLEXIGLASS PUSH- THROUGH LETTERS. SIGN TO BE INTERNALLY ILLUMINATED WITH WHITE LEDS. DECORATIVE REVEALS: ALUMINUM REVEALS TO BE PAINTED BLUE TO MATCH GLAZED TILE #RAL 5015 SKY BLUE. DECORATIVE ALUMINUM REVEAL AT TOP OF SIGN TO BE TEXCOATED TO MATCH SHERWIN WILLIAMS EXTERIOR PAINT #SW 7666 FLEUR DE SEL. MONUMENT: TO BE (ACME) GLACIER WHITE BRICK WITH PLAIN GRAY CONCRETE MORTAR AND AN INSET ALUMINUM REVEAL THAT IS PAINTED TO MATCH ELGIN BUTLER #4625 PURPLE HEART GLAZED TILE. n t!;' ACME BRICK Glacier White - Face Brick: ModUlar sized Mortar, Plain Gray Concrete MANUFACTURE AND INSTALL (1) DiF SIDE - MOUNTED SIGN WITH MULTIPLE TENANTS AS SH0WN. TOP SIGN CABINET: ALUMINUM CABINET AND TRIM TO BE PAINTED WHITE, FACES TO BE WHITE ALUMINUM PAINTED RED TO MATCH PANTONE 2000 \NITH CHANP:EL LEIIERS MOUNTED TO SURFACE. L7 i CHANNEL t- ETTERS: ALUMINUM RETURNS TO BE WHITE, FACES TO BE WHITE PLEXIGLASS WITH WHITE TRIFACAP AND WILL BE INTERNALLY ILLUMINATED WITH 6VHITE. LEDS. TENANT PANELS: ALUMINUM CABINET AND TRIM TO RE PAINTED GRAY TO MATCIT PANTONE 424C„ FACES TO BE WHITE PLEXIGLASS WITH GRAY VINYL GRAPHICS APPLIED TO SURFACE TO MATCH PANTONE 424C AND WILL BE INTERNALLY ILLUMINATED WI111 800MA FLUORESCENT LAMPS. DECORATIVE REVEALS: ALUNIINUM REVEALS ABOVE TOP SIGN CABINET AND AROUND TENANT CABINETS TO BE PAINTED BLUE TO MATCH GLAZED TILE *RAE 5015 SKY BLUE. DECORATIVE ALUMINUM REVEAL AT TOP OF SIGNS TO BE TEXCOATED TO MATCH SHERWIN WILLIAMS EXTERIOR PAINT -" -" 4SW 7666 FLEUR DE SEE. POLE COVER: TO BE (ACME} GLACIER WHITE BRICK WITH PLAIN GRAY CONCRETE MORTAR AND V,'ILL HAVE A DECORATIVE ALUTA NUM HALO ILLUMINATED REVERSE CHANNEL APPLIED TO EACH SIDE, BASE: ALUMINUM BASE_ TO BE TEXCOATED TO NIATCti PLAIN GRAY CONCRETE. NOTE: PERMITS ARE REQUIRED TO REFACE TENANT SIGNS. SD 13 -0003 Type E Signs Existing Sign Photo Existing Sign Photo Existing Sign Photo Existing Sign Photo j��g' -!g overa'l`l j g' -6' overalll j ( 8" 7' -5" 8- I 8" 7'-5" 8-1 ACME BRICK Glacier White - Face Brick: Modular sized Mortac Plain Gray Concrete MANUFACTURE AND INSTALL (1) S/F "GOLDEN TRIANGLE" MONUMENT SIGN WITH MULTIPLE TENANTS AS SHOWN. NOTE: PERMITS ARE REQUIRED TO REFACE TENANT SIGNS, SIGN CABINET: ALUMINUM SIGN CABINET AND TRIM TO BE PAINTED WHITE, FACES TO BE ROUTED OUT WHITE ALUMINUM PAINTED RED TO MATCH PANTONE 200C WITH WHITE PLEXIGLASS PUSH - THROUGH LETTERS. SIGN TO BE INTERNALLY ILLUMINATED WITH WHITE LEDS. TENANT CABINETS: ALUMINUM CABINET, TRIM AND DIVIDERS TO BE PAINTED GRAY TO MATCH PANTONE 424C. FACES TO BE WHITE PLEXIGLASS WITH GRAY VINYL GRAPHICS APPLIED TO SURFACE TO MATCH PANTONE 424C. SIGNS TO BE INTERNALLY ILLUMINATED WITH WHITE LEDS, DECORATIVE REVEALS: ALUMINUM REVEALS TO BE PAINTED BLUE TO MATCH GLAZED TILE #RAL 5015 SKY BLUE. DECORATIVE ALUMINUM REVEAL AT TOP OF SIGN TO BE TEXCOATED TO MATCH SHERWIN WILLIAMS EXTERIOR PAINT #SW 7666 FLEUR DE SEL, MONUMENT: TO BE (ACME) GLACIER WHITE BRICK WITH PLAIN GRAY CONCRETE MORTAR AND AN INSET ALUMINUM REVEAL THAT IS PAINTED TO MATCH ELGIN BUTLER #4625 PURPLE HEART GLAZED TILE. Exhibit III City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: Z15 -0004, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: Jon Fortune Date: June 2, 2015 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning classification from Regional Center Residential 2 (RCR -2) zoning district and use classification to a Regional Center Commercial Neighborhood (RCC -N) zoning district and use classification on approximately 5.99 acres of land generally located on the west side of I -35 E, approximately 730 feet south of Lillian B. Miller Parkway in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (Z15- 0004). The Planning and Zoning Commission recommended approval of this request (7 -0). BACKGROUND The applicant, Lynn Kadleck, representing the property owner Triangle Property, is requesting a rezoning to specifically allow a membership fitness center and indoor trampoline park within a vacant 67,055 square foot lease space. The retail lease space was built in 1984 and was used as an Albertsons' grocery store anchor until its closing. Subchapter 35.5.4.2 of the Denton Development Code (DDC) classifies both of the proposed uses as "Indoor Recreation" which are not permitted in Regional Center Residential 2 (RCR -2) Districts. By rezoning the property to Regional Center Commercial Neighborhood (RCC -N), the intended uses would be permitted and the subject lease space would be consistent with other properties on site zoned RCC -N located to the northeast. Staff has analyzed the proposal and has determined that it conforms to the conditions for approval set forth in Section 35.3.4 of the Denton Development Code (DDC), is compatible with the adjacent land uses, and meets the goals of the Denton Plan 2030. The subject property is zoned RCR -2 which was established by the 2002 city -wide rezoning. The RCR -2 zoning is intended as a mixed use zoning with an emphasis on creating compatibility between retail, employment centers, and multifamily housing. The center does not have adjacency to multifamily uses nor is it designed to support redevelopment to multifamily. Based on the intent, certain uses such as Indoor Recreation are not permitted in RCR -2 as the use would be appropriate in more intensive commercial districts. Additionally, the zoning places limitations to Retail Sales and Service uses in RCR -2 districts by requiring a Specific Use Permit for uses over 25,000 square feet (35.5.8.L(17)) and to Professional Services and Office uses limiting to no more than 10,000 square feet of gross floor area (35.5.8.L(14)). By changing the zoning, the City of Denton Page 1 of 3 Printed on 5/28/2015 File #: Z15 -0004, Version: 1 intent and future build -outs would keep in conformance to the Future Land Use Map. The Future Land Use map designates the site as Regional Mixed Use. The proposed rezoning of the subject property to RCC -N would facilitate greater opportunity for additional permitted commercial uses to fully utilize the site as a regional center thus market the center for uses which may need larger lease spaces. To comply with public hearing notice requirements, staff sent 13 public hearing notices to property owners within 200 feet of the subject property, 53 courtesy notices to physical addresses within 500 feet of the subject property, published a notice in the Denton Record Chronicle and placed signs on the property. The applicant also mailed a project flyer describing the reason for the rezoning request and the proposed uses to property owners within 500 feet of the subject property. As of the writing of this staff report, staff has not received any responses from property owners within 200 feet, yet received one phone response from an owner within 500 feet who is in support of the zoning and intended uses. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (7 -0). Staff recommends approval of this request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) A public hearing was held at the April 22, 2015 Planning and Zoning Commission meeting. EXHIBITS 1. PZ Staff Report 2. Site Location/Aerial Map 3. Zoning Map 4. Future Land Use Map 5. Public Notification Map 6. Project Narrative 7. Site Photos 8. Draft Ordinance Respectfully submitted: Aimee Bissett Interim Director, Planning and Development Prepared by: City of Denton Page 2 of 3 Printed on 5/28/2015 File M Z15 -0004, Version: 1 Ross Culbertson Senior Planner City of Denton Page 3 of 3 Printed on 5/28/2015 h rvvm d by I cx:ls i''I PLANNING AND ZONING COMMISSION STAFF REPORT Z15 -0004 — SOUTHRIDGE VILLAGE SHOPPING CENTER TO: Planning and Zoning Commission DATE: April, 22, 2015 CASE MANAGER: Ross Culbertson, (940) 349 -8357 SUBJECT: Hold a public hearing and consider making a recommendation to City Council regarding a rezoning request from Regional Center Residential 2 (RCR -2) to Regional Center Commercial Neighborhood (RCC -N). The 5.997 acre property is platted as Southridge Village Shopping Center Addition, Block A, Lot 2R and is generally located on the west side of I -35, approximately 730 feet southeast of Lillian B. Miller Parkway. APPROVAL PROCESS: A public hearing will be held at the Planning and Zoning Commission meeting, and the recommendation of the Commission will be forwarded to the City Council for an additional public hearing and final action, tentatively scheduled for June 6, 2015. Vicinity Map: Existing Site Photo: Subject Property Z15 -0004 Southridge Village Shopping Center Prepared By: Ross Culbertson Page 1 of 5d" DENTON S, u GATEWOOD GREPAPGEAi R'. VALENCIA m4 WF6IMIG Ca RIMER TEA.SLEY" d"° ..A.1. IN Z15 -0004 Southridge Village Shopping Center Prepared By: Ross Culbertson Page 1 of 5d" DENTON City of Denton Planning and Zoning Commission April 22, 2015 Rezoning Request Project Number: Z15 -0004 Applicant: Lynn Kadleck Property Owner: Triangle Property ITEM SUMMARY: The applicant, Lynn Kadleck, representing the property owner Triangle Property, is requesting a rezoning to specifically allow a membership fitness center and indoor trampoline park within a vacant 67,055 square foot lease space. The retail lease space was built in 1984 and was used as an Albertsons' grocery store anchor until its closing. Subchapter 35.5.4.2 of the Denton Development Code (DDC) classifies both of the proposed uses as "Indoor Recreation" which are not permitted in Regional Center Residential 2 (RCR -2) Districts. By rezoning the property to Regional Center Commercial Neighborhood (RCC -N), the intended uses would be permitted. PROPOSED ZONING: The applicant is requesting the RCC -N District for the 5.997 acre property; platted as Southridge Village Shopping Center, Block A, Lot 2R, to be consistent with properties zoned RCC -N to the northeast and to provide a district that would allow Indoor Recreational uses. The DDC defines Indoor Recreation as: Indoor commercial uses which by their nature are recreational. Examples include bowling alleys, skating rinks, health clubs, racquetball or squash courts, indoor swimming pools, video arcades, pool halls, etc. The rezoning request would provide opportunity for implementing neighborhood scale retail and commercial uses consistent with development patterns in the area along this section of I -35 E. CONFORMANCE TO THE COMPREHENSIVE PLAN: Comprehensive Plan Goals and Objectives: The future land use designation for the subject property according to the Denton Plan 2030 is Regional Mixed Use. This classification supports the development of moderate and high density residential, commercial, office, entertainment and other uses except industrial at a high level of scale and density. The Regional Mixed Use designation is generally located along I -35 interchanges and primary arterials to encourage the greatest regional accessibility. The rezoning of the subject property to RCC -N would support the goals of the Regional Mixed Use in permitting the Indoor Recreational uses requested by the applicant and could potentially encourage the development of other regional commercial or entertainment venues.. Impact on Infrastructure or Public Facilities /Services: There is no impact on infrastructure or public facilities; the site is already developed. The purpose of the zoning request is to allow the proposed uses and would only require future building permits for interior remodeling and finish outs. 0 Compatibility with Existing and Potential Adjacent Land Uses: Z15 -0004 Southridge Village Shopping Center Prepared By: Ross Culbertson Page 2 of 5d" DENTON City of Denton Planning and Zoning Commission April 22, 2015 Rezoning Request Project Number: Z15 -0004 Applicant: Lynn Kadleck Property Owner: Triangle Property Northwest: North: Northeast: RCR -2 and RCC -N RCC -N RCR -2 Black -eyed Pea (Commercial) (Commercial) Pace's Crossing (Multifamily Apartments across the I -35) West: Subject Property: East: RCR -2 RCR -2 RCR -2 (Commercial) (Vacant Commercial) (Commercial) Southwest: South: Southeast: RCR -2 RCR -2 RCR -2 Sterling House (Senior & (Vacant Land) (Commercial) Assisted Living) The subject property is zoned RCR -2 which was established by the 2002 city -wide rezoning. The RCR -2 zoning is intended as a mixed use zoning with an emphasis on creating compatibility between retail, employment centers, and multifamily housing. Within the overall retail center the uses are commercial. In addition, the three restaurants and gas station along the frontage road are zoned RCC -N. A rezoning of the entire retail center to RCC -N would have been preferable, however due to multiple property ownerships this could not be achieved nor was it requested by the applicant with this request. Concentration of Use: The subject property is a well established commercial corner at the southeast corner of Lillian B. Miller Parkway and I -35. Adjacent properties to the south and southwest would remain RCR -2 and provide a buffer to single family neighborhoods to the far south. Maintaining the subject property for commercial uses is recommended. STAFF ANALYSIS: The retail center is a viable commercial corner as the main retail building and adjacent restaurants support a variety of retail and service uses throughout the site. The site was originally developed in 1984 and has maintained a retail presence since. The current RCR -2 zoning has permitted commercial activity to continue on the property, however, the zoning intent is to support retail services near multifamily housing. The center does not have adjacency to multifamily uses nor is it designed to support redevelopment to multifamily. Based on the intent, certain uses such as Indoor Recreation are not permitted in RCR -2 as the use would be appropriate in more intensive commercial districts. Additionally, the zoning places limitations to Retail Sales and Service uses in RCR -2 districts by requiring a Specific Use Permit for uses over 25,000 square feet (35.5.8.L(17)) and to Professional Services and Office uses limiting to no more than 10,000 square feet of gross floor area (35.5.8.L(14)). By changing the zoning, the intent and future build -outs would keep in conformance to the Future Land Use Map. Z15 -0004 Southridge Village Shopping Center Prepared By: Ross Culbertson Page 3 of 5d DENTON City of Denton Planning and Zoning Commission April 22, 2015 Rezoning Request Project Number: Z15 -0004 Applicant: Lynn Kadleck Property Owner: Triangle Property The Future Land Use map designates the site as Regional Mixed Use. The proposed rezoning of the subject property to RCC -N would facilitate greater opportunity for additional permitted commercial uses to fully utilize the site as a regional center. It would also remove the limitation restrictions currently applied by RCR -2 zoning and thus market the center for uses which may need larger lease spaces. STAFF RECOMMENDATION: Staff recommends approval of the request as it is consistent with the goals and objectives of the Denton Plan 2030. OPTIONS: 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Table the item to a date certain. PUBLIC NOTIFICATION: To comply with public hearing notice requirements, staff sent 13 public hearing notices to property owners within 200 feet of the subject property, 53 courtesy notices to physical addresses within 500 feet of the subject property, published a notice in the Denton Record Chronicle and placed signs on the property. The applicant also mailed a project flyer describing the reason for the rezoning request and the proposed uses to property owners within 500 feet of the subject property. As of the writing of this staff report, staff has not received any responses from property owners within 200 feet, yet received one phone response from an owner within 500 feet who is in support of the zoning and intended uses. PROJECT TIMELINE: Subject Date Business Days under DRC Review Business Days out to Applicant Application Received 17, 2015 - - lst Submittal sent to DRC Members -February February 17, 2015 - - Comments Released to Applicant March 6, 2015 10 - DRC Meeting with Staff March 12, 2015 - - 2 nd Submittal Sent to DRC Members March 18, 2015 1 Comments Released to Applicant March 23, 2015 3 Total Business Days 13 0 ATTACHMENTS: • Aerial Map • Zoning Map • Future Land Use Map Z15 -0004 Southridge Village Shopping Center Prepared By: Ross Culbertson Page 4 of 5d DENTON City of Denton Planning and Zoning Commission April 22, 2015 • Public Notification Map • Project Narrative • Owner Initiated Outreach Letter • Site Photos Prepared By: Ross Culbertson Senior Planner Submitted By: Ron Menguita, AICP Development Review Committee Administrator Rezoning Request Project Number: Z15 -0004 Applicant: Lynn Kadleck Property Owner: Triangle Property Z15 -0004 Southridge Village Shopping Center Prepared By: Ross Culbertson Page 5 of 5d DENTON 0 100 200 400 Feet A&VU, CITY DENTON Project No: Z15 -0004 Southridge Village Shopping Center [ I )", tY S lF lanri "'U i 1201 1, C,, ,),V 1 1, 0004 S,, h,id, V l 1,,g,) SY F,F,i,,g ,,d Vicinity Map III 0 100 200 400 Feet C-1'1)1-�, DENTON Legend NR-2 = RCC-D NR-3 I= RCC-N UphgxNR-4 RCR-1 NRMU RCR-2 ZONING MAP Project No: Z15 -0004 Southridge Village Shopping Center .... ... . ........... ........ ...... ... ......... ... . 1-1-11 1' � lh� , , . '." -1- -11 . '11 - 1111� 'I�� 11 1 lh� '-, -1-1, �, �", , '[ I '�' `�,' '�'[ 'I 'I' � �'[ 4"S","', Vicinity Map ......... . .... Ili 0 100 200 400 FUTURE LAND USE Feet Vicinity Map .. ......... IIIIIIIIIIII III S Mann "'V i �201 C,, ,),V 1 1, 00045,". h, I do') V l larc ST F, I, o 0004N 1[catln V1 0004 [1 1 J Project Narrative LOT 2R, SOUTHRIDGE VILLAGE SHOPPING CENTER 2434 S. IH 35E, Denton, Texas The property is an existing improved site with a former Albertson store and parking lot consisting of approximately 6 acres. The address is 2434 Interstate Highway 35E. The property had a Site Plan prepared in 1984 for a 67,195 square foot building and associated parking. The building was constructed a short time after that. Albertson occupied the building until a few years ago, from which time it has been vacant. The surrounding zoning is RCR -2 and RCC -N. The land uses are mostly retail. There is existing infrastructure on the property, so no additional site improvements are anticipated. The purchaser is proposing to lease the building to two tenants. One is for a membership fitness center and the other is an indoor Trampoline park. It is understood that both of these uses would be considered recreational uses and are not allowed under the current zoning classification of RCR -2. Therefore, a zoning request is being made for rezoning the property to RCC -N, which would allow the proposed uses. This zoning classification is consistent with most of the adjoining properties, which were recently rezoned to RCC -N. The proposed uses are compatible with the retail /commercial neighborhood El D 10 0 8 .. ]. a R a 0 a �- March 15, 2015 Property Owner Address Re: Zoning Case Z15 -0004, Lot 2R of Southridge Village Shopping Center Addition, 2434 Interstate Highway 35E South, Denton, Texas Dear Neighbor, A request has been sent to the City of Denton for a rezoning of the subject property from a Zoning Classification of RCR -2 to a Zoning classification of RCC -N. The site is a 5.997 acre tract of land with an existing 67,195 square foot building situated on it. The building was formerly occupied by Albertsons. The rezoning is being requested to allow a proposed use for a membership only fitness gym and an indoor trampoline center for recreation. There are no proposed additions or revisions being requested for the building or site improvements at this time other than signage for the new tenants. The proposed uses would provide fitness and recreational uses to the surrounding neighborhoods. The subject property is surrounded by like zoning with RCC -N and RCR -2 to the northwest and RCR -2 on all other borders of the property. The property is located approximately 320 feet north of residential property to the south and separated from the residential property by an undeveloped tract of land zoned RCR -2. The City Development Code states "the purpose of Regional Mixed Use Centers is to create centers of activity including shopping, services, recreation, employment and institutional facilities supported by and serving an entire region." According to city staff, there is a trend for this area to undergo the rezoning to the RCC -N zoning classification to allow for more regional and neighborhood uses If approved, the proposed tenants would begin the permitting process immediately. If you have any questions or concerns, please contact me at the number indicated below. Sincerely, Ron Avneri Triangle Properties 214 - 690 -9397 yoramavneri @ yahoo.com 0 0 a M f s; i ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING CLASSIFICATION FROM A REGIONAL CENTER RESIDENTIAL 2 (RCR -2) ZONING DISTRICT AND USE CLASSIFICATION TO AN REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC -N) ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 5.99 ACRES OF LAND GENERALLY LOCATED ON THE WEST SIDE OF I -35 E, APPROXIMATELY 730 FEET SOUTH OF LILLIAN B. MILLER PARKWAY IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z15 -0004) WHEREAS, Lynn Kadleck, has applied for a zoning change on approximately 5.99 acres of land legally described in Exhibit "A ", attached hereto and incorporated herein by reference (hereinafter, the "Property ") from a Regional Center Residential 2 (RCR -2) zoning district and use classification to an Regional Center Commercial Neighborhood (RCC -N) zoning district and use classification; and WHEREAS, on April 22, 2015, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (7 -0) of the change in zoning district and use classification; and WHEREAS, on June 2, 2015, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the property , have determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district and use classification for the Property is hereby changed from Regional Center Residential 2 (RCR -2) to Regional Center Commercial Neighborhood (RCC -N). SECTION 3. The City's official zoning map is hereby amended to show the change in the zoning district and use classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY MM APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:� r 1 (A/% , %u(% , -> STATE OF TEXAS COUNTY OF DENTON Exhibit A Legal Description [LEGAL DESCRIPTION] BEING all that certain lot, tract or parcel of land situated in the J. McGowan Survey Abstract Number 797, in the City of Denton, Denton County, Texas, being all of Lot 2R, Southridge Village Shopping Center Addition, an addition to the City of Denton, Denton County, Texas according to the replat thereof recorded in Cabinet E, Page 392, Plat Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for corner in the southwest line of Interstate Highway Number 35 -E South, a public roadway having a variable width right -of -way, said point being the northeast corner of Lot 1 D of said Southridge Village Shopping Center Addition; THENCE, S 47 °24'04" E, 330.74 feet with the southwest line of said Interstate Highway to an iron rod found for corner, said point being the most northerly point of Lot 3A of said Southridge Village Shopping Center Addition; THENCE, S 44 043'54" W, 360.90 feet with the northwest line of said Lot 3A to an "X" in concrete for corner; THENCE, N 45 016'06" W, 9.08 feet with said northwest line of said Lot 3A to an "X" in concrete for corner; THENCE, S 45 001'39" W, 170.78 feet wit said northwest line of said Lot 3A to a 60d nail found for corner; THENCE, S 00 052'13" W, 11.23 feet with said northwest line of said Lot 3A to an "X" in concrete for corner; THENCE, S 44 058'24" W, 110.11 feet with said northwest line of said Lot 3A to an "X" in concrete for corner; THENCE, S 44 043'54" W, 360.90 feet with said northwest line of said Lot 3A to an "X" in concrete for corner; THENCE, S 00 016'06" E, 40.76 feet with said west line of said Lot 1 to an iron rod found for corner in the north line of that certain tract of land conveyed by deed to F.C. McNeill et al recorded in Volume 477, Page 604, Deed Records, Denton County, Texas, said point being the southwest corner of said Lot 3A; THENCE, S 89 043'54" W, 250.94 feet with said north line of said McNeill tract to an "X" in concrete for corner in the east line of Lot 1, Block A of Oakmont Village Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet M, Page 147, Plat Records, Denton County, Texas; THENCE, N 00 040'44" W, 445.95 feet with said east line of said Oakmont Village Addition to an iron rod set for corner, said point being the northeast corner of said Oakmont Village Addition; THENCE, N 88 °52'51" W, 185.18 feet with the north line of said Oakmont Village Addition to an iron rod found for corner in the east line of Lillian Miller Boulevard, a public roadway having a right -of -way of 80.0 feet, said point being the northwest corner of said Oakmont Village Addition; THENCE, N 00 028'22" W, 44.96 feet with said east line of said Lillian Miller Boulevard to an iron rod found for corner, said point being the southwest corner of Lot 1A of said Southridge Village Shopping Center Addition; THENCE, N 88 054'19" E, 212.15 feet with the south line of said Lot 1A to an "X" in concrete for corner at an angle point in said Lot 1A; THENCE, S 44 042'39" E, 30.00 feet with said south line of said Lot 1A to an "X" in concrete for corner at an angle point in said Lot 1A; THENCE, S 00 006'14" W, 225.70 feet with a west line of said Lot 1A to an "X" in concrete for corner, said point being the most southerly point of said Lot 1A; THENCE, N 44 056'33" E, 289.91 feet with the southeast line of said Lot 1A to an "X" in concrete for corner at an angle point in said Lot 1A; THENCE, N 45 007'27" W, 36.99 feet with said southeast line of said Lot 1A to an "X" in concrete for corner at an angle point in said Lot 1A; THENCE, N 44 053'54" E, pass at 169.99 feet the most southerly point of Lot 1 D in said Southridge Village Shopping Center Addition, a total distance of 348.40 feet with said southeast line of said Lot 1A and with the southeast line of said Lot 1D to the PLACE OF BEGINNING and containing 5.997 acres of land. (commonly known as 2434 1 -35 South) City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: S15 -0003, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: Jon Fortune Date: June 2, 2015 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton repealing Ordinance 2013- 328 and approving a Specific Use Permit (SUP) to allow a Basic Utility, a DME electric substation, on approximately 7.334 acres of land within a Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district classification and use designation, located on the south side of East McKinney Street, approximately 1,300 feet east of Mack Drive and 450 west of Springtree Street. The Planning and Zoning Commission recommends approval (7 -0), subject to conditions. BACKGROUND The applicant, Teague Nall and Perkins, Inc., representing the property owner, the City of Denton, is requesting an SUP to allow full development of a Denton Municipal Electric (DME) McKinney Substation on 7.3 acres. An SUP for "Basic Utilities," which include electric substations, is required by the property's Neighborhood Residential Mixed Use 12 (NRMU -12) and Neighborhood Residential Mixed Use (NRMU) zoning designations. Approximately 6.2 acres of the subject property received approval of an SUP for an electric substation on November 19, 2013 and the Substation has subsequently been constructed within that 6.2 acre site. At that time, the remaining 1.1 acres, referred to as "The Carter Tract," was not fully under the ownership of the City of Denton and could not be included in the original SUP request. It was stated at the time the original SUP request was being considered that a new SUP would be required to incorporate the Carter Tract once fully under the ownership of the City. If approved, this SUP request would revoke the original SUP (S 13- 0005) for the 6.2 acre property and provide an SUP for the entire 7.3 acre site. To comply with public hearing notice requirements, 12 public hearing notices were mailed to property owners within 200 feet of the subject property, 14 courtesy notices to physical addresses within 500 feet of the subject property, published a notice in the Denton Record Chronicle and placed signs on the property. In lieu of a neighborhood meeting, Denton Municipal Electric provided a letter as part of the public hearing notices inviting all recipients to personally meet with DME. As of the writing of this staff report, staff has not received any responses for either in favor or in opposition of the rezoning request and no individual meetings with staff have been scheduled. OPTIONS Approve as submitted. City of Denton Page 1 of 3 Printed on 5/28/2015 File #: S15 -0003, Version: 1 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (7 -0), subject to staff's condition (7 -0). Staff recommends approval of this request, subject to the following condition: 1. A perimeter masonry screening wall shall be constructed with a minimum height of ten (10) feet. ESTIMATED SCHEDULE OF PROJECT Not Applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On October 23, 2013, the Planning and Zoning Commission recommended approval of an SUP to allow a DME electric substation on 6.2 acres within the subject property. On November 19, 2013, the City Council approved Ordinance 2013 -328, which provided an SUP to allow a DME electric substation on 6.2 acres within the subject property. On May 6, 2015, the Planning and Zoning Commission recommend approval of repealing ordinance 2013 -328 and an SUP to allow a DME electric substation on the subject property, subject to conditions (7 -0). FISCAL INFORMATION Not Applicable. BID INFORMATION Not Applicable. EXHIBITS 1. Planning and Zoning Commission Staff Report 2. Location/Aerial Map 3. Zoning Map 4. Project Narrative 5. Site Plan 6. DME CIP Project Map 7. Ordinance 2013 -328 8. Public Notification Map 9. May 6, 2015 Planning and Zoning Commission Meeting Minutes City of Denton Page 2 of 3 Printed on 5/28/2015 File #: S15 -0003, Version: 1 10. Draft Ordinance Respectfully submitted: Aimee Bissett Interim Director, Planning and Development Prepared by: Michael J. Bell Associate Planner City of Denton Page 3 of 3 Printed on 5/28/2015 PLANNING AND ZONING COMMISSION STAFF REPORT 515 -0003 — DME MCKINNEY SUBSTATION II TO: Planning and Zoning Commission DATE: May 6, 2015 CASE MANAGER: Mike Bell, (940) 349 -7705 SUBJECT: Hold a public hearing and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow a Basic Utility, a Denton Municipal Electric Substation, on approximately 7.3 acres of land generally located on the south side of E. McKinney Street, approximately 1,200 feet east of Mack Drive. APPROVAL PROCESS: A public hearing will be held at the Planning and Zoning Commission meeting, and the recommendation of the Commission will be forwarded to the City Council for an additional public hearing and final action, tentatively scheduled for the June 2, 2015 meeting. Vicinity Map: Existing Site Photo: J J W Subject Property ITEM SUMMARY: The applicant, Teague Nall and Perkins, Inc., representing the property owner, City of Denton, is requesting an SUP to allow full development of a Denton Municipal 515 -0003 (DME McKinney Substation II) Prepared By: Mike Bell, (940) 349 -7705 Page I of 6 DENTON City of Denton Specific Use Permit Request Planning and Zoning Commission Project Number: S15 -0003 May 6, 2015 Applicant: Teague Nall and Perkins, Inc. Property Owner: City of Denton Electric (DME) McKinney Substation on 7.3 acres. An SUP for "Basic Utilities," which include electric substations, is required by the property's Neighborhood Residential Mixed Use 12 (NRMU -12) and Neighborhood Residential Mixed Use (NRMU) zoning designations. Approximately 6.2 acres of the subject property received approval of an SUP for an electric substation on November 19, 2013. At that time, the remaining 1.1 acres, referred to as "The Carter Tract," was not fully under the ownership of the City of Denton and could not be included in the original SUP request. It was stated at the time the original SUP request was being considered that a new SUP would be required to incorporate the Carter Tract once fully under the ownership of the City. If approved, this SUP request would revoke the original SUP (S 13 -0005) for the 6.2 acre property and provide an SUP for the entire 7.3 acre site. CONFORMANCE TO THE COMPREHENSIVE PLAN: • Comprehensive Plan Goals and Objectives: The Community Vision Statement of Denton Plan 2030 states that by 2030 "Throughout Denton we see infrastructure systems which have undergone well - planned, staged expansion to serve and manage the City's growth." A major consideration of the Infrastructure and Utilities Element (IU) of Denton Plan 2030 is to provide efficient and sustainable energy systems to the residents and business community of Denton. Goal IU -1 of Denton Plan 2030 is to "Provide safe, reliable, and cost - effective electric and communication utilities that apply environmental stewardship to operations and meets future demands." Impact on Infrastructure: As part of the overall electric transmission and distribution system, as outlined by DME's 2013 -2017 Capital Improvement Plan (CIP), the proposed substation is one of 43 DME CIP projects which includes new substations, expansions to existing substations and other improvements such as transmission lines and improvements inside of stations and control buildings. The proposed substation includes construction of two 138kV /69kV to 13.2kV/7.62kV transformers, eight 138 kV circuit breakers, one control enclosure, and two distribution switchgear enclosures. The site will have space and provision for two additional transformers and two additional switchgear enclosures in the future. It will also be an interconnection point for two transmission lines. Specifically, this substation is part of the Spencer to Kings Row 69 kV Transmission Line Project. Water and Sanitary Sewer mains will be extended along the subject property's entire frontage of East McKinney Street. The substation's demand on these infrastructure systems will be limited to a tap for irrigation. • Impact on Public Facilities /Services: No impact on public facilities /services is anticipated. S15 -0003 (DME McKinney Substation II) Prepared By: Mike Bell, (940) 349 -7705 Page 2 of 6 DENTON City of Denton Planning and Zoning Commission May 6, 2015 Specific Use Permit Request Project Number: 515 -0003 Applicant: Teague Nall and Perkins, Inc. Property Owner: City of Denton • Compatibility with Existing and Potential Adjacent Land Uses: Northwest: NRMU Multifamily Noah: NR -3 Single - family Northeast: NRMU Undeveloped West: Subject Property: East: NRMU NRMU/NRMU -12 NRMU/NRMU -12 Undeveloped DME Substation Undeveloped Southwest: South: Southeast: NR -4 NR -4 NR -4 Undeveloped Undeveloped Undeveloped The subject property is surrounded to the east, west, and south by undeveloped properties. To buffer these properties, the applicant is proposing a 10 -foot decorative, precast concrete security wall around the site. The properties to north across East McKinney Street are multifamily and single - family uses. In an effort to mute the scale of the substation from these uses, vegetative screening in the form of eight new, large trees will be planted between the substation and the street. • Concentration of Use: Within 0.25 mile, approximately 102 acres are undeveloped, 80 acres are residential, and 6.2 acres are commercial. STAFF ANALYSIS: The criteria for approval of an SUP is provided in Subchapter 35.6.4 of the Denton Development Code, which states that SUPS shall be issued only if all of the following conditions have been met: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; The specific use will be compatible with and not injurious to the use and enjoyment of other property and will not significantly diminish or impair property values within the immediate vicinity. The surrounding properties to the east, south, and west are undeveloped. Properties to the immediate north are developed with multifamily and single - family uses. A 10 -foot masonry wall in addition to the planting of eight new large trees will be used as a screening mechanism. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 515 -0003 (DME McKinney Substation II) Prepared By: Mike Bell, (940) 349 -7705 Page 3 of 6 DENTON City of Denton Planning and Zoning Commission May 6, 2015 Specific Use Permit Request Project Number: 515 -0003 Applicant: Teague Nall and Perkins, Inc. Property Owner: City of Denton The expansion will not impede the normal and orderly development and improvement of surrounding vacant property. The surrounding properties to the east, south, and west are undeveloped. The smallest tract surrounding the property is approximately 11 acres. When the surrounding properties develop, they will have the design flexibility to minimize any potential impacts from the electric substation. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The proposed substation will not have a negative impact on public infrastructure, as its only domestic water or wastewater demand is limited to irrigation. The substation itself will contribute to the enhanced electrical service to this sector of the city. There will be minimal traffic to the site. The substation will be unmanned and visits to the site will be limited. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Access into the substation site will be intentionally restricted to authorized personnel only for maintenance or monitoring. There will be no public vehicular or pedestrian traffic and no parking spaces within the facility. The access drives from McKinney Street will be designed to accommodate the large trucks that may be required for future equipment replacement. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The electrical substation will not generate offensive odor, fumes, dust, noise or vibration. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and Lighting on site will be minimal and will not be visible from outside of the secured area. Any additional lighting will be directional lighting aimed at the interior of the site. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. As the majority of the site is zoned NRMU, the proposed landscaping and tree canopy coverage must comply with the more restrictive requirements of the NRMU zoning district. The minimum landscaped area required is 20% and the applicant proposes over 30 %. The NRMU zoning district requires 40% tree canopy and the applicant proposes 40% tree canopy cover. Meeting the 40% tree canopy coverage will require the planting of eight large trees, which will be placed along McKinney Street to provide screening to multifamily and single - family uses to the immediate north. 515 -0003 (DME McKinney Substation II) Prepared By: Mike Bell, (940) 349 -7705 Page 4 of 6 DENTON City of Denton Planning and Zoning Commission May 6, 2015 Specific Use Permit Request Project Number: 515 -0003 Applicant: Teague Nall and Perkins, Inc. Property Owner: City of Denton In summary, the proposed substation is consistent with the Denton Plan 2030 goal to provide safe, reliable and cost effective energy to the citizens and businesses of Denton. The proposed substation meets the criteria for approval of an SUP as provided in Subchapter 35.6.4 DDC and all general regulations of the NRMU zoning designation. The electric substation is a necessary facility to provide major electric infrastructure improvements to the City's transmission system and to reconfigure the station to best meet the needs of the eastern portion of the City. STAFF RECOMMENDATION: Staff recommends approval of the proposed SUP request as it is consist with the goals and objectives of the Comprehensive Plan. In order to provide adequate screening measures, staff recommends the following condition: 1. A perimeter masonry security wall shall be constructed with a minimum height of ten (10) feet. OPTIONS: 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Table the item. PUBLIC NOTIFICATION: To comply with public hearing notice requirements, 12 public hearing notices were mailed to property owners within 200 feet of the subject property, 14 courtesy notices to physical addresses within 500 feet of the subject property, published a notice in the Denton Record Chronicle and placed signs on the property. In lieu of a neighborhood meeting, Denton Municipal Electric provided a letter as part of the public hearing notices inviting all recipients to personally meet with DME. As of the writing of this staff report, staff has not received any responses for either in favor or in opposition of the rezoning request and no individual meetings with staff have been scheduled. PROJECT TIMELINE: Subject Date Business Days under DRC Review Business Days out to Applicant Application Received March 4, 2015 - - lst Submittal sent to DRC Members March 24, 2015 - - Coimnents Released to Applicant April 9, 2015 10 - 2nd Submittal sent to DRC Members April 13, 2015 - 2 Coimnents Released to Applicant April 17, 2015 4 - Total Business Days 14 2 515 -0003 (DME McKinney Substation II) Prepared By: Mike Bell, (940) 349 -7705 Page 5 of 6 DENTON City of Denton Planning and Zoning Commission May 6, 2015 ATTACHMENTS: • Location/Aerial Map • Zoning Map • Project Narrative • Site Plan • DME CIP Project Map • Public Notification Map Reviewed and Submitted By: Ron Menguita, AICP Development Review Committee Administrator Specific Use Permit Request Project Number: 515 -0003 Applicant: Teague Nall and Perkins, Inc. Property Owner: City of Denton 515 -0003 (DME McKinney Substation II) Prepared By: Mike Bell, (940) 349 -7705 Page 6 of 6 DENTON s:Alegal \our documents \ordinances \15 \s15- 0003(2).docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW A BASIC UTILITY, A DENTON MUNICIPAL ELECTRIC (DME) SUBSTATION, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) AND NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU -12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, LOCATED ON APPROXIMATELY 7.334 ACRES OF LAND ON THE SOUTH SIDE OF EAST MCKINNEY STREET, APPROXIMATELY 1,300 FEET EAST OF MACK DRIVE AND 450 WEST OF SPRINGTREE STREET, WITHIN THE CITY OF DENTON, DENTON COUNTY, TEXAS; REPEALING ORDINANCE 2013 -328; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (515 -0003) WHEREAS, Applicant Teague, Nall, and Perkins, Inc. has requested a Specific Use Permit (SUP) to allow a basic utility, a DME substation, within a Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU- 12) zoning classification and use designation and located on approximately 7.334 acres of land on the south of East McKinney Street, approximately 1,300 feet east of Mack Drive and 450 west of Springtree Street, more particularly described in Exhibit "A ", attached hereto and incorporated herein by reference (hereinafter, the "Property "); and WHEREAS, on November 19, 2013, the City Council approved Ordinance 2013- 328 to allow a SUP for a Basic Utility, a DME substation, on approximately 6.21 acres of land located on the Property (the "2013 Ordinance "); and WHEREAS, on February 27, 2015, the City of Denton acquired an additional 1.1 acres of land substantially surrounded by the 6.21 acres of land described in the 2013 Ordinance in order to expand the DME substation, which additional acreage also requires a Specific Use Permit; and WHEREAS, the City desires to issue a new SUP by repealing Ordinance 2013- 328 and replacing it with this Ordinance in order to include the total acreage of the DME substation area as 7.334 acres of land; and WHEREAS, on May 6, 2015, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended repealing Ordinance 2013 -328 and approval of the requested Specific Use Permit, subject to conditions; and s:Alegal \our documents \ordinances \15 \s 15- 0003(2).docx WHEREAS, on June 2, 2015, the City Council, after notice was published and a public hearing was held in accordance with State law, finds that the request is consistent with the Denton Plan and the Denton Development Code, as they exist, may be amended, or in the future arising, including but not limited to, this Ordinance, and has further agreed to comply with the additional restrictions and conditions set forth herein; WHERAS, the City Council has determined that it will be beneficial to Denton and its citizens to grant the SUP; that such grant will not be detrimental to the public welfare, safety or health; and that the SUP should be granted; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. Repealer and Savings. Ordinance 2013 -328 of the Denton Code of Ordinances is hereby repealed. This repeal does not affect a punishment or penalty incurred under the 2013 Ordinance before the effective date of this Ordinance, nor a suit, prosecution, or proceeding pending at the time of the repeal for an offense committed under the repealed ordinance. SECTION 3. SUP Granted. The Specific Use Permit to allow a basic utility on the Property is hereby approved, subject to the following condition: 1. A perimeter masonry security wall shall be constructed with a minimum height of ten (10) feet. SECTION 4. Failure to Comply. Except as otherwise stated above, all terms of the SUP shall be complied with prior to issuance of a Certificate of Occupancy. Failure to comply with any term or condition of the Ordinance will result in the SUP being declared null and void and of no force and effect. The SUP is issued to the City of Denton, Texas and is assignable and transferable. SECTION 5. SUP Regulations. Upon notice to the property owner and a hearing before the City Council, a SUP may be revoked or modified if: 1. There is one or more of the conditions imposed by this Ordinance that has not been met or has been violated on the Property; or 2. The SUP was obtained or extended by fraud or deception; or 3. As otherwise permitted by law and /or The Denton Code of Ordinances. SECTION 6. Effective date of SUP. The SUP shall be effective from and after the effective date of this Ordinance. Upon termination of the SUP, the Property shall s:Alegal \our documents \ordinances \I5\sI5- 0003(2).doex cease to be used as provided herein unless another SUP or appropriate zoning has been obtained. SECTION 7. Unlawful use. It shall be unlawful for any person, firm, entity, or corporation to make use of the above - referenced Property in some manner other than as authorized by the Denton Code of Ordinances and this Ordinance. SECTION 8. Penalty. Any person, firm, entity or corporation violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00 for each violation. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. The penal provisions imposed under this Ordinance shall not preclude Denton from filing suit to enjoin the violation and it retains all legal rights and remedies available to it under local, state and federal law. SECTION 9. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 10. Effective Date of Ordinance. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: a2fllJ1ii- t tc F ht s:\legal\OUr doctiments\ordinances\1 5\s I 5-0003(2).docx Exhibit A Legal Description Dentan Munlcllp;i Electric NICK1,11110y "'51lbstation, Site Legal Description. WHEREAS, THE CIP(OF DENTON, TEXAS, is the owner of a 7.334 acre tral7i: of land situated in thetA.E.P. & PAU. Survey, Abstract No. 1475, City of Denton, Denton Czunry, Texas, arod being kncrwn as aN, of a called 0-286 acre tract of `a", described in a Deed to the City of Denton, Texas, as rec-ordeed Docume.nt Number 201-2-83151 of the Real Property Re-tor ds of Demon County, Tetas, and ail of a cal,",ed 3.480 acre tract of land deser it-ed 4t a Deed to the i: ay of Dkenton, 76-,4ai, .as ter-orcied in Docurnent Number X01:1.. of th* Rtat, top Tv Recordt of D*nton Counvy, Texai, and all of a called 1,121 titre I tact of land described in a Ned to the (1,y of Donu-n, Tfxa;,, a; recorde,,d in Clor.,ument Number 7010-121543 'Of thjp Real Properry RPcords of Domton County, Teowas, and all of trot 2, Block A. Vela-Co--dina Addition, City 0 Denton, Denton County, Texas, according to the pat therrecwf recorded in Document Number 21013-112 of the Plat Records of Denton County, Texas, and being more particularly describ----d as fo---'t0'kvs: BE45.,,NNING at a 3 It'Z, inch, TroDOT Xurninum Ditc ly-tin in the d�dicalvd :,-, uther�"'w rigi�A of wwy liri'a of F M 426 (afw lk-nown A; ?v1c+"inrvy Strpot) frPm wbich a 1,il2 inch iron rod, with rap slampitcl, 'Arthur Surve-ying Company' fo=und for the Northe-ast corner of ;,aid, 0,226 acre tract -,f land be-ars North 01*03'57' West a distance of 4.58 feet, same being a point in the Werst tina, of a called 114111 awe tract of land described in a Geed to the 81- Denton Land 1, Llc, as recofd-ed in Document Number 21013-2�-267 of the Real Property Rsfofds of'Denton County, Texas, 1,,rmg in tile WEst boundary of the M. Yoach'Um Surv*y, Abstract No. 1442, City of Denton, bente-n tounix, Texas, THENCE Sokrth. OV15'33' West departing said McKinney Street, and z0ong the East lira: of acre tract and the West 13lr4e of sa 11.4111 acre tract and continumg., alon-i �i id � the cornmon ,rte of said 0,286 acre and 11-4111 acre tracts, passing a 112 inch iron rod with cap, stamped ',Ar€hur Surve°ong Company" fou" for the Sautheast corner ofsatd 0,2186 acre tract, 4ing in the Westerly Nne of the above cited 11.411 a-cre tract, at a distance of 148.348 feet,, aivi Lieirqg the Southetty North*asi cbme-t of the abcovc- cited 3490 acte tract, ceuntmuirir albng ihe Eitt Kira of -taid, 3,480 traitt of lao�d ardl the Ws6lt Nine of ,'a� fd 11,4111 acrw tract of ;and, for a total di7tanco of 677 07 foot to a 11-1 inch iron rod found for Ow, Southeast comer lisre-of, also being the Northelst corner of a cal€ed 316337 aces tract of land described in a Des-4 to Staff 'Realy,'nc _ as recprded in Document Number 94-6545 of tbs Peal Property Revords, Denton County, Texas, same being the Southeast corner of said 3.480 acre tract of land, from whk:h lzfr;e South-west corner of said 11.4111 acre tract of ,,and bears South 01'26'32' West a distance of 61-54 foie tl- I HENCE Sovth VF'217'33' We d4parting saw Fp;t ling rvf 5a-rf.1 3. 480 acre ITa--t, thve West "ime 04 �*d 11.4111 -acre tract, The West tine of said M. Yoac-hum SvTvey, alon-g ttie !;outlb 'ire of said 3.480 acre tract, of land, same bei s:\legal\()Ur documents\ordinances\1 5\s I 5-0003(2).docx Vela-iCo,dina Addillon ly,,ng in the West line of sa= d M, ET, & P R R 54jrVey, SaTr-# being the East tine of the T. Downing Sur-3 "f, Ab4tract No, 346, City of 0,entan, D*nton County, fey: s; THENCE South 89`2601" West continuing with the cornmonFine of said Lot 4Z" Efock A., Vela-Codina Addirt and Staff Peat] Inc. tract,, a distance of 196,92 feet to a *C-ALC* 1,12 inch, iron rod With cap stamp*d 'Artliur Surv*yttig Company- fou-n'd' b,*,nc the of sai�d Lot 2, BicaJ A and flie Southeast corner of Lot I., smock A, Vela-Codina Addition frost South,'4eist corner of said Lot 1, Block A. bears South 89'26'01" West a distance of 677.67 feet-, THENICE Nottil 00115'5%" welt 00orring the N hil* of tadd $44,ff P(01 ,j]VW tjC tf 3ft, thkk SOUth tiroo of said Vela-Codina Addaion and the said &outh hne of the T..tvf,. Downing -15urvey, along the comillon line of said Lots 1 and 2, a distance of &1!3,72 feet to a SJ8 inch iron, red with ye' ow plastic cap stamped "I NP" set for the Wr-thwesl comp-T hereof, same lying in the ccommon line tots I and 2, lymg in the ex-gslin; �,Oottj, fint- '41 - h i- n rod f*urid lying �-,n 11'* laid i , of $a�d, M(Kjjinty Stroot, from phi a �) a�c to Southe,rinj right of * aw bears N corth 72"IT5 9' West a di stance of 238.87 feet THENCE South 7".'17'59" East along the South Ime of said Mcf,inney Street and over and across said Lot 2, R,,*tk A, a �jjttant4t of 5n 7S, feot 1,o, an *.ngl,* pognt hv*of, from whtch, a 3 1/«� inch T-vDOT Alum nl Disc bears North 17'4S'-02' Vest a distance of 0.95 feet and a 5/8 inch iron, rod found for the North-west corner of said 1-121 acre tract bears Wirth 01'45'11' Wsst a distance of 5.62 feet, THENCE South 72 4&17" East departing the East fine of said Lot 2, Block A, VeEa-Caclina Adaftion and continui-ng, along, the South line of said McKinney Street a distance of 158-21 feet to a 5/8 -mcch rod with a yeUvw plastic cap stamped "TN P" set along, the el aced right ofway for an point hereof, from Viehit,h 3 J,/S inch iron t found b#*tj Uorth OJIJ4` $4'1 We.- a dtitAm"o 0(4 73 foot, Notfl-"Ok�l corner of said 1,1141 acre tract and the Uorthe-rh,,, Northviest corer of said 3.480 acre tract, in the East line of said TAM, Cowningg Survey." THEWE �,ouih East depgrti:Mc the Est !;n'q' of %viid T M, Ocreiring Survv,y, contirivirg a g the South One of said McKinney street and over and across said 3.480 acre tract and said 0.286—acre tract, for a distance of 248-49 feet to the PCYNT OF BEGil NAG, and containin.- 7-334 acres. of land, more or less. S15-0003 Site Location/Aerial Map Site N crry Carter Tract w o E DENTON Parcels ...... llainn�nq DelpailmoM - GIS Streets S DENTON Fees NRMU-12 S15-0003 Zoning Map NRMU-12 NR-3 M �N���M�tt ���iin° ���\ ��ga�ui�uil�l� 1��������������gi�����1� �iy��������11 �u������1����������������1��i�10�0� NRMU-12 Site N crry Carter Tract w o E or U CY Ali DENTON Parcels ...... S llainn�nq 11��� Streets L--: --------- _j :,.L eej I DENTON S15 -0003 Project Narrative Denton Municipal Electric McKinney Substation Site Preliminary Plat Narrative Statement September 24, 2013 Amended March 2, 2015 Amended SUP This site is separated into two components based on acquisition. The first component is an assemblage of tracts acquired by the City of Denton in 2013. The SUP for this component of the site (S13 -0005) was approved by the City Council on Nov. 18, 2013. The second component of the site is a tract previously owned by Brian and Brenda Carter, referred to herein as the Carter tract. Acquisition of this tract was delayed due to the difficulty of identifying and locating a number of heirs with ownership interest in the site. The tract has now finally been acquired by the City. This SUP submittal is styled as an amendment of the original SUP, amended only to include the Carter tract. The narrative below is the original SUP narrative, as the addition of the Carter tract does not affect the description of the project or the final use of the site. Construction of the substation is already underway, though construction has not begun on the portion of the site on the Carter tract. Project Description /Summary The scope of this project is to construct an electrical substation on a site adjacent to McKinney Street, east of Woodrow Lane. The substation and associated transmission lines will provide enhanced electrical service to Denton as part of the Denton Municipal Electric Capital Improvement Plan. The proposed substation will be enclosed and secured inside a 10' high decorative precast concrete security /screening wall. The City of Denton has adopted a Governmental entity Development Review Process, which essentially allows for concurrent submittal of multiple components of the necessary planning process in order to streamline the process and expedite review and approval. As an arm of the City of Denton, Denton Municipal Electric qualifies for this governmental track. A Specific Use Permit has already been submitted and has received staff approval, and is waiting for presentation to the Planning & Zoning Commission. Property Ownership The majority of this site is currently owned by the City of Denton. Entire tracts were acquired from Bobby Mitchell and Gary Dillard, and a portion of a tract was acquired from Gerald Vela. One remaining tract, owned by Brian and Brenda Carter, is in the process of acquisition. Site Location / Site History The proposed site for the McKinney Substation is a 7.3 -acre assemblage tract acquired as described above by the City of Denton on the south side of McKinney Street (also known as FM 426) just east of Mack Drive. The property has not been platted, though the Vela tract was platted prior to conveyance to the City. The site is a combination of NRMU and NRMU -12 zoning, though at least 75% of the site is the NRMU zoning, so those zoning requirements will be in effect. The NRMU zoning contemplates a neighborhood mixed use development. Basic utility facilities such as a substation are allowed uses in this zoning category with a Specific Use Permit. The site was selected because of its strategic location as part of the overall electrical transmission and distribution system as outlined in the Capital Improvement Plan. An existing transmission line traverses the site, there is direct access to McKinney Street, and an existing distribution system is available. This substation is part of the Spencer to Kings Row 69 kV Transmission Line project, also known as the "Purple Line ", presented to the public in several public meetings in early 2012. A neighborhood meeting Page 1 of 3 was held at the Singing Oaks Church of Christ on November 15, 2012 to allow residents the opportunity to see the planned substation and discuss it with DME staff. Both the Public Utility Board and the Denton City Council have approved the site for construction of the substation. The entire City of Denton property is approximately 7.3 acres in size. The fenced substation area will be approximately 4.58 acres. The substation will be enclosed and secured from public access by a 10 -foot decorative precast concrete security wall colored to simulate rock construction. A site plan that shows the planned arrangement of the site is part of this application. Surrounding Property Uses The property is bounded on all adjacent sides by undeveloped property. The property to the south of the site is zoned as NR -4, a residential designation. This is consistent with the designated Future Land Use of that property. The property on both the east and west sides are zoned NRMU and NRMU -12. The properties to the north, across McKinney Street are zoned a combination of NRMU -12 and NR -3, and both are currently developed. The NRMU -12 tract is an apartment complex, and the NR -3 is existing single - family residential. Preliminary Utility Plan There is an existing 10" sanitary sewer line in a utility easement along the south side of McKinney Street adjacent to the site. That sewer line will remain. There is an 8" water line on the north side of McKinney Street. We have shown a water line bore across McKinney Street and an 8" water line across the project frontage. Though the substation site will not be a manned station and will not have domestic water or sewer needs, a water meter has been shown to supply the required irrigation system. A fire hydrant is also shown near the eastern entrance drive to meet fire department requirements. Preliminary Drainage Study The existing topography of the site slopes gently from west to east, toward an existing drainage channel that conveys storm water from north of McKinney Street south toward Pecan Creek. This channel was man -made as part of the Maple Leaf Homes Addition. According to the City of Denton official maps this channel is not designated as floodplain or as an Environmentally Sensitive Area. Storm water on and across the site is currently primarily overland flow, with the exception of the drainage channel described above. Runoff from the west is conveyed overland across the site toward the channel. The Preliminary Drainage Study shows that most of this flow from the west will be directed along the west side of the site in a swale to a drainage system along the south end of the site, to the existing channel. Flow on the north end of the site will be conveyed across the site in a second drainage system, also to the channel. Both of these storm drain systems will be public systems, both will be designed to convey runoff under fully developed conditions, and both will be in drainage easements. A permeable rock surface will be installed over nearly the entire substation inside the concrete security fence, with the exception of the concrete access road around the inside perimeter of the north half of the substation. Runoff will filter through the rock and follow the subgrade to the swales and eventually to the existing channel along the east side of the site. A report prepared by the University of Illinois for evaluating the use of open graded permeable bases for pavement. This report describes the flow of water through a permeable rock base. Though the report is very long, the key chapters are the first four. We used Figure 4.12 in that report to estimate the hydraulic conductivity of water through the open graded rock (and verified it by using Figure 4.9 in the report), and converted the conductivity into a flow velocity used for calculating the time of concentration. The calculations show that the concrete drive increases the runoff coefficient, and the flow through the open graded rock is slowed so that the time of concentration increases. The net effect is a slight decrease in peak runoff as calculated using the Rational Method. Consequently, there will be no measureable increase in runoff due to construction of the facility. Storm water detention is not anticipated. Areas outside the secured area will be vegetated with native grasses and trees. Page 2 of 3 Access to the facility will be on the north side of the substation as shown on the site plan. Direct access to the site will be by means of driveways from McKinney Street. The substation will be unmanned except during the infrequent visits which are required for operation of equipment, for inspections, for testing, and when maintenance is required. Routine traffic in and out of the site will generally consist of one service vehicle per week. Substations are not public facilities but are restricted areas where significant measures are taken to exclude unauthorized personnel. Access to the secured area (inside the substation security fence) will be restricted to authorized or escorted personnel only. Pedestrian traffic onto and within the property outside the perimeter wall will be intentionally discouraged because of safety and security concerns. When McKinney Street is widened, it is anticipated that sidewalks will be constructed to provide a pedestrian connection along the street. No sidewalks will be constructed to the substation site itself No parking spaces are designated on the site, as service vehicles can park anywhere within the secure area of the site. Consistency with the Denton Development Code All electric utilities must design and construct power systems that provide the performance that is specified in federal and state standards (FERC, NERC, ERCOT, TRE). State law requires that municipally owned utilities construct facilities that at least observe the minimum clearances and practices stated in the National Electrical Safety Code. Standards for substation security fencing do not allow any climbing aids either in the type of fence construction or in any object near the fence. Clearly trees could be a climbing aid should they be in immediate proximity to the fence or by being allowed to have limbs that are close to or overhanging a fence. To avoid future problems, DME's position is to require a minimum clear area of 20' outside a substation fence to the edge of any mature tree canopy, existing or planted. To protect the transmission lines, a 75' wide easement is the common standard, and this easement is to be kept clear of trees and tree canopy. Where the transmission lines traverse the substation site, the area within the transmission easements, within the substation itself, and within the 20' clear buffer around the substation must be kept clear of trees. The landscape plan submitted as part of this SUP package is intended to honor those limitations and still provide the landscape buffer and tree canopy required by the DDC. The landscape plan submitted with this application is based on treating the entire secured area of the site as a transmission easement, along with those areas outside the secured site that fall within the transmission easements. As a result, tree canopy requirements are calculated based only on the area of the site outside the secured substation. Tree preservation standards will not apply to substation sites since station sites are part of the DME CIP which serves as a utility master plan (see DDC Section 35.13.7.A.2.c.v.). Mitigation for tree removal is not required. However, compliance with the Landscape Ordinance (Chapter 13 of the DDC) is required. As a result, tree canopy, buffers, and landscape area minimum requirements will be met. Page 3 of 3 z Q c Ol 7 E as I 0 z 1 0 0 ZO rz <z o � 0. O z 0 .0 R �z z Q c Ol 7 E as I X 1.2 'o A 0 z 1 0 0 ZO <z o � 0. 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M.9 ti sAlegal \our documents \ordinances \13 \s13- 0005.doc ORDINANCE NO. 2013 -328 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW A BASIC UTILITY; A DME ELECTRIC SUBSTATION, ON APPROXIMATELY 6.21 ACRES OF LAND WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) AND NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU -12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, LOCATED ON THE SOUTH SIDE OF EAST MCKINNEY STREET, APPROXIMATELY 1,300 FEET EAST OF MACK DRIVE AND 450 FEET WEST OF SPRINGTREE STREET, WITHIN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (S13-0005) WHEREAS, Teague, Nall and Perkins has applied for a Specific Use Permit to allow a basic utility; an electric substation on approximately 6.21 acres of land within a Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU -12) zoning classification and use designation legally described in Exhibit `A; attached hereto and incorporated herein by reference (hereinafter, the` Property); and WHEREAS, on October 23, 2013, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested Specific Use Permit, subject to conditions; and WHEREAS, the City Council finds that the request is consistent with the Denton Plan and the Denton Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The Specific Use Permit (SUP) to allow a basic utility on the Property is hereby approved, subject to the following conditions: A perimeter masonry security wall shall be constructed with a minimum height of ten (10) feet. See Exhibit 7 for the location of the proposed security wall and Exhibit 8 for examples of perimeter walls. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. sAlegal \our documents \ordinances \13 \s13- 0005.doc SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2013. MARK A. BURROUGI S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY.. s: \legal \our documents \ordinances \13 \sl3- OOOS.doc Exhibit A Legal Description OWNERS CERTIFICATE STATE OF TEXAS g COUNTY OF DENTON ¢ WHEREAS, THE CITY OF DENTON, TEXAS Is the owner of that certain 6.225 acre tract of land situated in the M.E.P. & P. R.R. Co. Survey, Abstract No. 1475, City of Denton, Denton County, Texas, and being known as all of a called 0.286 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Document Number 2012.83353 of the Real Property Records of Denton County, Texas, all of a called 3.480 acre tract of land described In a Deed to the City of Denton, Texas, as recorded in Document Number 2013 -226 of the Real Property Records of Denton County, Texas, and all of Lot 2, Block A of Vela- Codina Addition, according to the Plat thereof recorded in Document Number 2013 -112 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 3 -1/2 inch TxDOT Aluminum Disc for corner in the Southerly right -of -way line of F.M. Highway No. 426 (also known as McKinney Street), from which a 1/2 inch iron rod with cap stamped "Arthur Surveying Company" found for the Northeast comer of said 0.286 acre tract bears North 01 °03'57° West a distance of 4.58 feet, said point also being in the West line of a called 11.4111 acre tract of land described in a Deed to the BL Denton Land 1, LLC, as recorded in Document Number 2013 -26267 of the Real Property Records of Denton County, Texas; THENCE South 01 °15'33" West departing the Southerly line of said F.M. Highway No. 428, and along the East line of said 0.286 acre tract and the West line of said 11.4111 acre tract, passing a 1/2 inch iron rod with cap stamped "Arthur Surveying Company" found for the Southeast corner of said 0.286 acre tract and the most Easterly Northeast corner of the above cited 3.480 acre tract at a distance of 148.38 feet, and continuing along the East line of said 3.480 tract and the West line of said 11.4111 acre tract, for a total distance of 677.07 feet to a 1/2 Inch Iron rod found for the Southeast corner of said 3.480 acre tract, said point also being the Northeast comer of a called 318.937 acre tract of land described In a Deed to Staff Realty, Inc., as recorded in Document Number 94 -6845 of the Real Property Records of Denton County, Texas, from which the Southwest comer of said 11.4111 acre tract of land bears South 01 °28'32' West a distance of 61.54 feet; THENCE South 89 °2T33" West departing the West line of said 11.4111 acre tract, and along the South line of said 3.480 acre tract and the North line of said 318.937 acre tract, for a distance of 218.48 feet to a 5/8 inch rod with plastic cap stamped 'TNP' set for corner at the Southwest corner of said 3.480 acre tract and the Southeast corner of Lot 2, Block A, of said Vela - Codina Addition; THENCE South 89 °26'01" West along the South line of said Lot 2 and the North line of said 318.937 acre tract, for a distance of 196.92 feet to a 5/8 Inch rod with plastic cap stamped "TNP' set for comer at the Southwest comer of said Lot 2 and the Southeast corner of Lot 1, Block A. of said Vela- Codina Addition, from which the Southwest comer of said Lot 1 bears South 89 °28'01" West a distance of 875.67 feet; THENCE North 00 °35'55" West departing the North line of said 316.937 acre tract, and along the common line between said Lots 1 and 2, for a distance of 818.72 feet to a 5/8 inch iron rod with plastic cap stamped 'TNP" set for corner In the South line of said F.M. Highway No. 426, from which a 314 inch iron rod found for reference bears North 72 °1 T59" West a distance of 238.87 feet; THENCE South 72 *1T59" East along the South line of said F. M. Highway No. 426, for a distance of 52.78 feet to a point for comer, from which a 3 -1/2 Inch TxDOT Aluminum Disc found bears North 17 °45'02" West a distance of 0.95 feet and a 5/8 Inch iron rod found for the Northwest comer of a called 1.121 acre tract of land described in a Deed to Brian Carter and Brenda Carter, as recorded in Document Number 2010. 121541 of the Real Property Records of Denton County, Texas, bears North 01 °45'11" West a distance of 5.62 feet; THENCE South 00°32'45" East departing the South line of said F.M. Highway No. 426, and along the East line of said Lot 2 and the West line of said 1.121 acre tract, for a distance of 346.27 feet to a 1 Inch rod found for the Southwest corner of said 1.121 acre tract; THENCE North 89103'07' East along the South line of said 1.121 acre tract and the most Easterly North line of said Lot 2, for a distance of 149.59 feet to a 5/8 inch rod found for the Southeast corner of said 1.121 acre tract, said point also being the most Easterly Northeast comer of said Lot 2; THENCE North 00°20'23" West along the East line of said 1.121 acre tract, for a distance of 298.92 feet to point for corner in the South line of said F.M. Highway No. 426, from which a 3.1/2 inch TxDOT Aluminum Disc found bears North 38°32'38" West a distance of 0.47 feet and a 3/8 inch Iron rod found for the Northeast corner of said 1.121 acre tract bears North 01 °14'54" West a distance of 4.73 feet; THENCE South 72 °2T56" East along the South line of said F.M. Highway No. 426, for a distance of 248.49 feet to the POINT OF BEGINNING, and containing 6.225 acres of land, more or less. s:\Iegal\our documents\ordinances\13\s13-0005.doc lo a Exhibit B Landscape Plan IIE,� �I '';II,�lllll 4 P Ile �� w' � ��� �j girl � '!';' ' i YI Site crry Carter Tract w DENTON Parcels ...... llninniinq 11 ella.'airtl.moM - GIS Streets DENTON Exhibit 9 May 6, 2015 Planning and Zoning Commission Meeting Minutes 3. PUBLIC HEARINGS: A. Hold a public hearing and consider a recommendation to City Council re _ ag rdin_ g a Specific Use Permit for a Basic Utility, a Denton Municipal Electric Substation, on approximately 7.3 acres located on the south side of McKinney Street, approximately 1,200 feet east of Mack Drive. The subject property is located within Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU -12) zoning districts. (515- 0003, DME McKinney Substation, Mike Bell) Mauladad introduced Bell. Bell provided the location map, zoning map, and site photos. On November 19, 2013, a Specific Use Permit (SUP) was approved for 6.2 acres. The Carter Tract was in the process of being acquired by the City at that time. A 10 foot masonry screening wall was required, with a 10 foot buffer zone, and six (6) new trees. Staff sent out 12 Public Hearing notices to property owners within 200 feet of the subject site and 14 courtesy notices to property owners within 500 feet of the subject site. At this time staff has not received any returned responses. Bell stated staff recommends approval of this request based on the following condition: a perimeter masonry security wall shall be constructed with a minimum height of 10 feet. Reece opened the Public Hearing. There was no one to speak on the item, Reece closed the Public Hearing. Commissioner Frank Conner motioned to approve the request. Briggle stated the request should be amended to state this will remove the original SUP and grant this SUP for the entire property. Conner acknowledged. DeCurtis questioned if Briggle was going to amend the motion. Conner withdrew his original motion. Commissioner Amber Briggle motioned, Chair Thom Reece second to approve this request with the amendment to repeal the current Specific Use Permit and to approve the proposed Specific Use Permit for the entire property and based on staffs condition: a perimeter masonry security wall shall be constructed with a minimum height of 10 feet. Motion approved (7 -0). Commissioner Jim Strange, aye, Commissioner Frank Conner, aye, Commissioner Devin Taylor, aye, Commissioner Brian Bentley, aye, Commissioner Frank Dudowicz, aye, Commissioner Amber Briggle, aye, and Chair Thom Reece, aye. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: Z15 -0003, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: Jon Fortune Date: June 2, 2015 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning classification from a Regional Center Commercial Downtown (RCC -D) zoning district and use classification to an Employment Center Industrial (EC -I) zoning district and use classification on approximately 6.46 acres of land generally located on the Southeast Corner of Worthington Drive and Schuyler Street in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. (Z15 -0003) The Planning and Zoning Commission recommended approval of this request (7 -0). BACKGROUND The applicant, Lee Allison, representing the property owner, Westgate Properties, LP, is requesting to rezone approximately 6.46 acres from Regional Center Commercial Downtown (RCC -D) to Employment Centers Industrial (EC -I) to develop the subject property with office or warehouse facilities, either as speculative buildings or build to suit. One lot of the subject property is developed with a religious institution, and the remaining lots are undeveloped. The subject property was zoned RCC -D during the 2002 city -wide rezoning. Staff has analyzed the proposal and has determined that it conforms to the conditions for approval set forth in Section 35.3.4 of the Denton Development Code (DDC), is compatible with the adjacent land uses, and meets the goals of the Denton Plan 2030. The purpose of the EC -I zoning district is to provide locations for a variety of workplaces and complimentary uses. EC -I retains many of the commercial uses permitted in RCC -D, but allows for additional light industrial uses to accommodate a wide variety of development. The permitted uses in EC -I are compatible with the surrounding developments, which primarily include commercial, office, and light industrial uses. The proposed rezoning to EC -I is consistent with the future land use goals of the Denton Plan 2030. The Future Land Use designation of the subject property is Business Innovation, a mixed -use designation intended for "large -scale office and employment parks with supporting uses such as retail, hotels, and residential. Primary uses include office, research and development, and light manufacturing." Rezoning the property to an EC -I zoning district would provide more permitted use options, adding flexibility to develop the property with a variety of office, light industrial, warehouse, and commercial uses, which meets the intent of Business City of Denton Page 1 of 3 Printed on 5/28/2015 File #: Z15 -0003, Version: 1 Innovation. To comply with public hearing notice requirements, I I public hearing notices were mailed to property owners within 200 feet of the subject property. In addition, 22 courtesy notices to physical addresses within 500 feet of the subject property were also mailed. A notice was published in the Denton Record Chronicle and signs were placed on the property. As of the writing of this staff report, staff has not received one neutral response for the rezoning request. The applicant also hosted a neighborhood meeting on April 2, 2015, and no one attended the meeting. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (7 -0). Staff recommends approval of this request. ESTIMATED SCHEDULE OF PROJECT Not applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) A public hearing was held at the May 6, 2015 Planning and Zoning Commission meeting. FISCAL INFORMATION Not applicable. BID INFORMATION Not applicable. EXHIBITS 1. Staff Report 2. Site Location/Aerial Map 3. Zoning Map 4. Future Land Use Map 5. Proposed Zoning Map 6. Public Notification Map and Community Responses City of Denton Page 2 of 3 Printed on 5/28/2015 File #: Z15 -0003, Version: 1 7. Project Narrative 8. Site Photos 9. Planning and Zoning Minutes of the May 6, 2015 Meeting 10. Draft Ordinance Respectfully submitted: Aimee Bissett Interim Director, Planning and Development Prepared by: Julie Wyatt Assistant Planner City of Denton Page 3 of 3 Printed on 5/28/2015 PLANNING AND ZONING COMMISSION STAFF REPORT Z15 -0003 — MEDICAL CENTER ADDITION TO: Planning and Zoning Commission DATE: May 6, 2015 CASE MANAGER: Julie Wyatt, (940) 349 -8585 SUBJECT: Hold a public hearing and consider making a recommendation to City Council regarding a rezoning request from Regional Center Commercial Downtown (RCC -D) to Employment Center Industrial (EC -I) on approximately 6.46 Acres, located on the southeast corner of Worthington Drive and Schuyler Street. APPROVAL PROCESS: A public hearing will be held at the Planning and Zoning Commission meeting, and the recommendation of the Commission will be forwarded to the City Council for an additional public hearing and final action. The tentative meeting date scheduled for City Council is June 2, 2015. ITEM SUMMARY: The applicant, Lee Allison, representing the property owner, Westgate Properties, LP, is requesting to rezone approximately 6.46 acres from Regional Center Commercial Downtown (RCC -D) to Employment Centers Industrial (EC -I). The subject property is platted as Lots 1 -5, Block A, of the Medical Center Addition, Section 1. Currently, Lot 1 is developed with a religious institution, and the remaining lots are undeveloped. The subject property was zoned RCC -D during the 2002 city -wide rezoning. Vicinity Map: a � a"RRVATE Subject Property i�' �� i WINDSOR HAMPTON �1, THUNDERBIRD Z15 -0003 (Medical Center Addition) Prepared By: Julie Wyatt, (940) 349 -8585 Page I of 5 11r l YV DENTON City of Denton Planning and Zoning Commission May 6, 2015 Existing Site Photo: Rezoning Request ProjectNumber: Z15 -0003 Applicant: Lee Allison Property Owner: Westgate Properties, LP PROPOSED ZONING: The property owner is requesting a rezoning to EC -I to develop the subject property with office or warehouse facilities, either as speculative buildings or build to suit. The intent of the Employment Centers is to permit an array of commercial and industrial uses to provide for a variety of workplaces and complimentary uses. CONFORMANCE TO COMPREHENSIVE PLAN: Comprehensive Plan Goals and Objectives: Denton Plan 2030 designates the subject property as Business Innovation. Business Innovation is a mixed -use category intended for "large -scale office and employment parks with supporting uses such as retail, hotels, and residential. Primary uses include office, research and development, and light manufacturing." The typical uses for Business Innovation include office parks, flexible office space, research and development, and start -ups. Additionally, supporting and complementary retail and services should be permitted. Impact on Infrastructure: The subject property has access to Worthington Drive Schuyler Street, Barcelona Street. These roadways have adequate capacity for the proposed uses. However, uses that would generate higher traffic demands will require the applicant to provide a Traffic Impact Analysis during the platting stage to address demand on the roadways. There is adequate water and wastewater capacity for the uses permitted in EC- I zoning district. Impact on Public Facilities /Services: No impact on public facilities /services is anticipated. 0 Compatibility with Existing and Potential Adjacent Land Uses: Z15 -0003 (Medical Center Addition) Prepared By: Julie Wyatt, (940)349 -8585 Page 2 of 5 < rr l YV DENTON City of Denton Planning and Zoning Commission May 6, 2015 Rezoning Request ProjectNumber: Z15 -0003 Applicant: Lee Allison Property Owner: Westgate Properties, LP Northwest: North: Northeast: RCC -N RCC -D RCC -N Vacant Probuilt (Vehicle Repair) Texas Education Center (School) West: Subject Property: East: RCC -D and IC-G RCC -D RCC -D EDSCO (Industrial) Lot l: The Way Impact Value Place (Hotel) National Truck Ports (Vehicle Church (Religious Institution) Holiday Inn (Hotel) Repair) I Lots 2 -5: Vacant La Quinta (Hotel) Southwest: South: Southeast: RCC -D RCC -D RCC -D Metzler- Schaum, Inc. Vacant Renal Center (Medical Center) (Industrial and Commercial) Medical Center (Medical Center) The purpose of the EC -I zoning district is to provide locations for a variety of workplaces and complimentary uses. Within the area, a mix of uses with varying intensity has developed. Hotel uses are primarily located east of the subject property along the I -35 frontage road, with other commercial and industrial uses located to the west of the subject property. Offices, a religious institution, and a school are interspersed throughout the area. Some of these existing uses may not be compatible with all of the permitted uses in EC -I. To increase compatibility and mitigate potential nuisances such as noise, light, glare, dirt, litter, signs, parking or storage areas, development of the subject property shall comply with Section 35.13.8 Buffer Requirements of the Denton Development Code. Concentration of Use: Within a quarter mile of the property, there are approximately 73 acres of agricultural property, 19 acres of residential property, 52 acres of commercial property, and 7 acres of industrial property. Six acres are undeveloped. STAFF ANALYSIS: The proposed rezoning to EC -I is consistent with the future land use goals of the Business Innovation category of the Denton Plan 2030. The intent of the Business Innovation designation is to encourage traditional and innovative office developments. The variety of uses permitted in EC -I can provide the flexibility necessary to achieve those goals. Rezoning to an EC -I zoning district would provide more options, adding flexibility to develop the property with a combination of office, light industrial, warehouse, and commercial uses and allowing future development to adapt to economic conditions and complement the surrounding properties. Although the proposed EC -I zoning district would be isolated by surrounding RCC -D and RCC -N zoning districts, EC -I is consistent with the future land use designation of Business Innovation, and as the area continues to develop with complementary uses, it is anticipated that Z15 -0003 (Medical Center Addition) Prepared By: Julie Wyatt, (940)349 -8585 Page 3 of 5 czr l YV DENTON City of Denton Planning and Zoning Commission May 6, 2015 Rezoning Request ProjectNumber: Z15 -0003 Applicant: Lee Allison Property Owner: Westgate Properties, LP surrounding properties will be rezoned to allow for a balance of commercial and employment uses. STAFF RECOMMENDATION: Staff recommends approval of the proposed rezoning request due to consistency with the goals and objectives of the Comprehensive Plan. PUBLIC NOTIFICATION: To comply with public hearing notice requirements, staff sent public hearing notices to property owners within 200 feet of the subject property, courtesy notices to physical addresses within 500 feet of the subject property, published a notice in the Denton Record Chronicle and placed signs on the property. As of the writing of this staff report, staff has not received any responses for either in favor or in opposition of the rezoning request. The applicant also hosted a neighborhood meeting on April 2, 2015 and no one attended the meeting. OPTIONS: 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Table the item to a date certain. PROJECT TIMELINE: Subject Date Business Days under DRC Review Business Days out to Applicant Application Received 2/10/15 - - lst Submittal sent to DRC Members 2/13/15 - - Comments Released to Applicant 2/27/15 10 - DRC Meeting with Staff 3/15/15 - - Total Business Days 10 0 ATTACHMENTS: • Location/Aerial Map • Zoning Map • Future Land Use Map • Proposed Zoning Map • Property Owner Notification Map • Project Narrative • Site Photos Reviewed and Submitted By: Ron Menguita, AICP Development Review Committee Administrator Z15 -0003 (Medical Center Addition) Prepared By: Julie Wyatt, (940)349 -8585 Page 4 of 5 c rr l YV DENTON City of Denton Planning and Zoning Commission May 6, 2015 Z15 -0003 (Medical Center Addition) Prepared By: Julie Wyatt, (940)349 -8585 Page 5 of 5 Rezoning Request ProjectNumber: Z15 -0003 Applicant: Lee Allison Property Owner: Westgate Properties, LP DENTON s:Uegakour documen1s \ordinances \15 \z15- 0003.docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING CLASSIFICATION FROM A REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC -D) ZONING DISTRICT AND USE CLASSIFICATION TO AN EMPLOYMENT CENTER INDUSTRIAL (EC-1) ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 6.46 ACRES OF LAND GENERALLY LOCATED ON THE SOUTHEAST CORNER OF WORTHINGTON DRIVE AND SCHUYLER STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z15- 0003) WHEREAS, Lee Allison, has applied for a zoning change on approximately 6.46 acres of land legally described in Exhibit "A ", attached hereto and incorporated herein by reference (hereinafter, the "Property ") from a Regional Center Commercial Downtown (RCC -D) zoning district and use classification to an Employment Center Industrial (EC -I) zoning district and use classification; and WHEREAS, on May 6, 2015, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (7 -0) of the change in zoning district and use classification; and WHEREAS, on June 2, 2015, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the property , have determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district and use classification for the Property is hereby changed from Regional Center Commercial Downtown (RCC -D) to Employment Center Industrial (EC-1). SECTION 3. The City's official zoning map is hereby amended to show the change in the zoning district and use classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY C APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY C• CHRIS WATTS, MAYOR Exhibit A Legal Description STATE OF TEXAS COUNTY OF DENTON Whereas, the subject tract being more particularly described as follows: BEGINNING from the Northeast Corner of the tract being described herein, at the Northeast Corner of the said 6.4586 acre tract in the North Line of Schuyler Road and the East line of the said survey: THENCE South 89 Degrees 28 Minutes 13 Seconds West with the North line of said 6.4586 acre tract for a distance of 250.04 feet: THENCE South 00 Degrees 29 Minutes 22 Seconds West with the West line of said 6.4586 acre tract for a distance of 1124.68 feet: THENCE North 89 Degrees 28 Minutes 13 Seconds East with the South line of said 6.4586 acre tract for a distance of 250.04 feet: THENCE North 00 Degrees 29 Minutes 22 Seconds East with the East line of said 6.4586 acre tract for a distance of 1124.68 feet to the PLACE OF BEGINNING and enclosing 6.4586 acres of land. 0 75 150 300 mmmmmmmmmmmmmmm Feet CITY DENTON LOCATION MAP Project No: Z15 -0003 Medical Center Addition [ um )", It S Vll� C""),Vll, 0003 Vet ( ),,V),Addi[i V11, 0003 A,),i,,l V,),10 ,,d Vicinity Map 11 [ I )", It S Vll� C""),Vll, 0003 M,Ai,,,l ( ),,V),Addi[i V11, 0003 A,),i,,l V,),10 ,,d ... .......... .. .... .... .. . . .. ....... C""),Vll, 0003 M,Ai,,,l C ntrNlldi nV1 1, 0003 A,),i,,l V,),10 ,,d 0 75 150 300 mmmmmmmmmmmmmmm Feet CITY DENTON PROPOSED ZONING MAP Project No: Z15 -0003 Medical Center Addition [ um )", It S Vll� C""),Vll, 0003 Vet ( ),,V),Addi[i V11, 0003 A,),i,,l V,),10 ,,d Vicinity Map Z15 -0003 Selected Parcels CITY M-M 1=3 200ftBuffer w - ------- CITY 500ftBuffer OF DENTON In 11111dininhng If )e1p acrd. neint - GIS 0 .0 120 240 DENTON ...... Centerline Notification - --- --- Boundary lelo� -- -- --------- --- ------- --------- 200 Ft Notification '00 Boundary ------------------------------ ---------- SCHUYLER I RIVATE cn CL z 0 0 z SITE 0 m BARCELONA gPRG III Selected Parcels CITY M-M 1=3 200ftBuffer w - ------- CITY 500ftBuffer OF DENTON In 11111dininhng If )e1p acrd. neint - GIS 0 .0 120 240 DENTON ...... Centerline www.ae-grp.com Februtirt, 11, 2015 JUlie WYatt, Assistant Planner City of'Denton Planning Department City Hall West 221 N Elm St. Denton. Texas 76201 Re: Zoning Change Request Medical Center Addition, Section One, lots 1,2,3,4 &, 5 Protect Narrative AEG k HIPL1402 Greetings: We are requesting that this site be rezoned from Regional Center Commercial Downtown (RCC-D) to Employment Centers Industrial (EC-1), The site immediately across the Worthington Drive to (lie west was recently rezoned to IC-G There is all existing heavy manufacturing Use that is expanding on the west side of Worthington. RCC-13 provides limited OPPOI-1111lities ftn' land use transition between the developing F'C-I on the west and the emerging hotels and offices along 11135. A strategic strip oHC-G between tile two land uses \vould provide more oPPOrtLlni1iCS for responsible transitional developinent and the application of'Business Innovation. T'he site is located oil tile east side of'Wot-thington Drive, between Schuyler Street and Barcelona Street. The protect consist of 5 tracts ofland, R 13 3568., RI 33575, R, 13358 1, R 133582 and 81.3:3584. The total area is about 6,82 acres, The property owner desires to COaStrUCt. or market office/warehouse facilities on the referenced km.s. He may construct speculative buildings or build to stmt. If'build to suit he rna.y need to re-plat some or all of the lots to accommodate the desired I)LIHding foolprint. The area was originally the site ofthe regional hospital and doctor's offices. The hospital was demolished and tile doctor's offices have been remodeled as professional business offices, Fhe hospital site is vacant and three hotels have emerged along the frontage road, Pag,,v � of2 Allison Engineering Group, Inc. Nann�ng Communifies - Deso-g fiflg d1C SYSWM'S fbat Str-11' T'JWM ,11 Prq, , /; H j,,, / P/2 11 1 H, W, Mwl,d t ',(Hmvfw, _,om / ,/ "ubfun(ai P, mc, ( do, The property uses to the west are light and heavy manufacturing in nature. The site is platted and all of the necessary pUblic infrastrUcture appears to be in place. There is a Strearn BLIffier EIISA indicated on lots 3, 4 and 5, We anticipate this call be removed with an ESA review. We took forward to the CSI C I report and working togelfier, to h0p determine an effective process f'or the development of the site. Respectfully submitted., Allison Etigineering Group, Ine. . . . ......... . Lee K. Allison, PI:'.., FNSPE Allison Engineering Group, Inc. Na•r6ng ( onunm6fies Desigrdng the SystemsThat Serve Dion r i t i r c i t i t t Site Photos Looking north toward subject property from Barcelona Street Looking northwest toward subject property from Barcelona Street eo� Looking northwest toward subject property from Worthington Drive Looking southeast toward subject property from Worthington Drive May 6, 2015, Planning & Zoning Commission Meeting Minutes C. Hold a public hearing and consider making a recommendation to City Council regarding _ a Rezoning Request from Regional Center Commercial Downtown (RCC -D) to Employment Center Industrial (EC -I) on Approximately 6.46 Acres, Located on the Southeast Corner of Worthington Drive and Schuyler Street. (Z15 -0003, Medical Center Addition, Julie Wyatt) Mauladad introduced Wyatt. Wyatt provided the location map and zoning map. She provided the neighboring uses which include: industrial uses to the west, vehicle repair and a school to the north, hotels to the east along I -35, and medical centers to the southeast. The existing zoning is Regional Center Commercial Downtown (RCC -D). The intent of the current zoning district is to create centers of activity including shopping services, recreation, employment, and institutional facilities to serve the entire region. The proposed zoning is Employment Center Industrial (EC -I). The intent of the EC -I zoning is to provide locations for a variety of workplaces and complimentary uses. It still retains the many of commercial uses found in RCC -D; however, it removes the residential uses and adds more lower - intensity industrial uses such as warehouses and wholesale sales. Staff sent out 11 Public Hearing notices to property owners within 200 feet of the subject site, and 22 courtesy notices to property owners within 500 feet of the subject site. At this time staff has received one (1) neutral response to this request. Wyatt stated staff recommends approval of this request. The applicant is present. Chair Reece opened the Public Hearing. Lee Allison, Allison Engineering Group, 4401 I -35 4102, Denton, Texas. Allison stated the property owner wants to develop the site that was originally Denton Regional Medical Center. He identified all the neighboring properties and uses. He stated McNatt is the property owner and has received a few inquiries for office and warehouse spaces. There was no one else to speak on this request. Chair Reece closed the Public Hearing. Commissioner Frank Conner motioned, Commissioner Jim Strange seconded to approve this request. Motion approved (7 -0). Commissioner Jim Strange, aye, Commissioner Frank Conner, aye, Commissioner Devin Taylor, aye, Commissioner Brian Bentley, aye, Commissioner Frank Dudowicz, aye, Commissioner Amber Briggle, aye, and Chair Thom Reece, aye.