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July 21, 2015 Agenda
City f Denton City Hall Y 215 E. McKinney St. Denton, Texas 76201 ttu�Rltl www.cityofdenton.com Dt�NT N Meeting Agenda City Council Tuesday, July 21, 2015 11:00 AM 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, July 21, 2015 at 11:00 a.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 July 21, 2015. 3. Work Session Reports A. ID 15 -536 Receive a report, hold a discussion, and give staff direction regarding the results of the 2015 citizen and business surveys. Attachments: Exhibit 1 Community Livability Report Exhibit 2 Business Climate Report B. DCA15 -0002 Receive a report and hold discussion regarding adding "Craft Alcohol Production" a to the Denton Development Code. Attachments: Exhibit 1 - Proposed Amendments to Subchapter 5 - Zoning Districts and Limita Exhibit 2 - Proposed Amendments to Subchapter 23 - Definitions C. ID 15 -569 Receive a report, hold a discussion, and provide staff direction regarding promotion and advertising functions currently being performed by the Convention and Visitors Bureau (CVB). Attachments: Exhibit 1 FY 2014 -15 CVB Original Contract Exhibit 2 FY 2014 -15 CVB Amended Contract Exhibit 3 FY 2015 -16 Proposed HOT Fund Budget Exhibit 4 HOT Survey 2015 with Notes Exhibit 5 Promotion and Advertising Functions for the City 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: City ofDenton Page I Printed on 711612015 City Council Meeting Agenda July 21, 2015 A. ID 15 -534 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. (Hickory Substation) [ID 15 -542, 15- 543,'15 -544] B. ID 15 -558 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential Easement Grant and Abandonment Agreement of certain real property interests located in the Jeremiah Fisher Survey, Abstract No. 421, City of Denton, Denton County, Texas, and generally located in the 2200 Block of E. Ryan Road, west of the Ryan Road - Teasley intersection. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Denton West Lift Station Upgrade)[ID 15 -559] C. ID 15 -560 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 situated in the S. McCracken Survey Abstract Number 417, City of Denton, Denton County, Texas (located generally within the 2200 block of E. 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 City ofDenton Page 2 Printed on 711612015 City Council Meeting Agenda July 21, 2015 D. ID 15 -527 E. F. C!il 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 No 4 Rebuild)[ID 15 -561] 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 with direction pertaining to the potential sale of real property interests owned by the City of Denton located in the G. Walker Survey, Abstract 1330, and Lot 1, Block 1, Lake Dallas Storage Addition, both in Denton County, Texas, and located generally south of F. M. Highway 426 (East McKinney Street) between Mayhill Road on the west and South Trinity Rd. on the east. 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. (Atmos Lake Dallas Storage Facility). ID 15 -565 Consultation with Attorneys - 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 economic development incentives for a business prospective in the Cole Ranch Development. This discussion shall include commercial and financial information the City Council may receive from the business owners which the City seeks to have locate, stay, or expand in or near the territory of the City, and with which the City Council is conducting economic development negotiations, including the offer of financial or other incentives. Also hold a discussion with the City's attorneys on the referenced topic where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. ID 15 -566 Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment. ID 15 -570 Consultation with Attorneys - Under Texas Government Code, Section 551.071. City ofDenton Page 3 Printed on 711612015 City Council Meeting Agenda July 21, 2015 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 George P. Bush, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. 15- 02058 -362 currently pending in the 362nd District Court of Denton County and Texas Oil and Gas Association v. City of Denton, Cause No. 14- 08933 -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. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071- 551.086 OF THE TEXAS OPEN MEETINGS ACT. 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 A. U.S. Flag B. Texas Flag "Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS /PRESENTATIONS A. ID 15 -514 Parks Foundation presentation of a donation from the Denton Area Teachers Credit Union to the City of Denton for the Eureka 2 project. B. ID 15 -582 Resolution of Appreciation for Linda Holley 3. CITIZEN REPORTS City ofDenton Page 4 Printed on 711612015 City Council Meeting Agenda July 21, 2015 A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: A. ID 15 -541 Monica Jones regarding a complaint on Animal Control. B. ID 15 -572 Jerry Yensan regarding the City's interpretation of a boundary on a gas well plat. C. ID 15 -574 Luisa Feliz translating for Bolivar Diaz regarding interpretation of gas well boundaries. 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 — S). 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 — S 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 -465 Consider adoption of an ordinance amending Chapter 29 of the Code of the City of Denton, Texas, to provide for the adoption of the International Fire Code, 2012 Edition; providing for amendments thereto; re- establishing permit fees; providing for a penalty in the amount of $2,000.00 for violations thereof, providing for severability; repealing all ordinances in conflict therewith; and providing for an effective date. Attachments: Exhibit 1 Ordinance B. ID 15 -476 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute a Contract of Sale (herein so called), as attached thereto and made a part thereof as Exhibit "A ", by and between the City of Denton, (the "City ") and Jeffrey Craig Cook, individually and as Independent Administrator of the Estate of Herschell D. Cook, deceased (referred to collectively herein as "Seller "), regarding the sale and purchase of fee simple to a tract of land lying and being situated in the City and County of Denton, State of Texas, and being a part of Lot No. Three (3), Block Twenty (20) of the Original Town of Denton, an addition to the City of Denton, Denton County, Texas, located generally in the 100 block of Industrial Street in the City of Denton, Denton County, Texas, as more particularly described in the Contract of Sale, (the "Property Interests "), for the purchase price of One Hundred Thirty Seven Thousand Five Hundred Dollars and No /100 ($137,500.00), and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Industrial Park Property Acquisition project: Cook) Attachments: Exhibit 1 - Location Map Exhibit 2 - Ordinance City ofDenton Page 5 Printed on 711612015 City Council Meeting Agenda July 21, 2015 C. SI15 -0015 Consider adoption of an ordinance of the City of Denton, Texas to adopt the 2012 International Building Code (IBC), the 2012 International Residential Code (IRC), the 2012 International Plumbing Code (IPC), the 2012 International Mechanical Code (IMC), and the 2012 International Fuel Gas Code (IFGC) as amended by the City providing a penalty for violation; providing for severability; repealing all ordinances in conflict therewith; and providing an effective date. Attachments: Exhibit 1 - Power Point Presented to Contractors and HaBSCo Exhibit 2 - Answers to Questions fomr Work Session Exhibit 3- Pricing List for Opening Limiting Devices Exhibit 4- Proposed 2012 Building Code Adoption Ordinance D. ID 15 -538 Consider approval of the minutes of May 4, May 5, May 12, May 19, May 26, June 2, June 9 and June 16, 2015. Attachments: Exhibit 1 - May 4. 2015 minutes Exhibit 2 - May 5. 2015 minutes Exhibit 3 - May 12, 2015 minutes Exhibit 4 - May 19, 2015 minutes Exhibit 5 - May 26, 2015 minutes Exhibit 6 - June 2, 2015 minutes Exhibit 7 - June 9, 2015 minutes Exhibit 8 - June 16, 2015 minutes E. ID 15 -539 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Greenbelt Alliance of Denton County for the purpose of capital needs; providing for the expenditure of funds; and providing for an effective date. ($800) Attachments: Exhibit 1 - Ordinance Exhibit 2 - Agreement F. ID 15 -540 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Assistance Center, Inc. for funds that will be used for "Serve Denton" Services; Providing for the expenditure of funds; and providing for an effective date. ($1,900) Attachments: Exhibit 1 - Ordinance Exhibit 2 - Agreement G. ID 15 -542 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale between the City of Denton, Texas ( "City "), as Buyer, and Serendipity Business Interests, LLC Property ( "Owner ") 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 and more particularly described in Exhibit "'1 ", for the purchase price of Ninety Five Thousand Dollars and no cents ($95,000.00), and other valuable consideration, as prescribed in the contract of sale ( "Agreement "); authorizing the expenditure of City ofDenton Page 6 Printed on 711612015 City Council Meeting Agenda July 21, 2015 funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Serendipity Business Interests) Attachments: Exhibit 1 Ordinance H. ID 15 -543 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale between the City of Denton, Texas ( "City "), as Buyer, and Mankins Property ( "Owner ") 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 and more particularly described in Exhibit "'1 ", for the purchase price of One Hundred Fifteen Thousand Dollars and no cents ($115,000.00), and other valuable consideration, as prescribed in the contract of sale ( "Agreement "); authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Mankins Property) Attachments: Exhibit 1 Ordinance L ID 15 -544 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale between the City of Denton, Texas ( "City "), as Buyer, and Neblett Property ( "Owner ") 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 and more particularly described in Exhibit "'1 ", for the purchase price of One Hundred Forty Five Thousand Dollars and no cents ($145,000.00), and other valuable consideration, as prescribed in the contract of sale ( "Agreement "); authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Neblett Property) Attachments: Exhibit 1 Ordinance J. ID 15 -546 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute a professional services agreement for the design of the Hickory Creek Basin Peak Flow Detention Facility; providing for the expenditure of funds therefor; and providing an effective date (File 5768- awarded to Hazen and Sawyer, P.C. in an amount not -to- exceed $427,368). The Public Utilities Board recommends approval (5 -0). Attachments: Exhibit 1- Evaluation and Ranking Sheet Exhibit 2 -PUB Minutes Exhibit 3- Ordinance Exhibit 4- Contract K. ID 15 -550 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of a pre -cast security fence for the City of Denton Kings Row Substation; providing for the expenditure of funds therefor; and providing an effective date (RFP 5818- awarded to The Turner Company in the not -to- exceed amount of amount of $340,770.85). The Public Utilities Board recommends approval (6 -0). City ofDenton Page 7 Printed on 711612015 City Council Meeting Agenda July 21, 2015 Attachments: Exhibit 1- Pricing and Evalaution Sheet Exhibit 2 -PUB Minutes Exhibit 3- Ordinance L. ID 15 -551 Consider adoption of an ordinance approving a contract for the supply of decorative paint to color mulch chips for the City of Denton Beneficial Reuse Division which is only available from a single 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 5844- awarded awarded to TH Glennon Company, Inc. in the annual estimated amount of $25,000 for a three (3) year not -to- exceed amount of $75,000). The Public Utilities Board recommends approval (7 -0). Attachments: Exhibit 1 -PUB Agenda Sheet Exhibit 2 -Sole Source Letter Exhibit 3 -Staff Memo Exhibt4 -PUB Minutes Exhibit 5- Ordinance Exhibit 6- Contract M. ID 15 -552 Consider adoption of an ordinance approving a contract for the purchase of four (4) utility truck bodies for the City of Denton Wastewater Collections, Electric Operations, Water Distribution, and Traffic Control departments which are available from a single 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 5871- awarded to General Body Manufacturing Company in the not -to- exceed amount of $109,171). The Public Utilities Board recommends approval (6 -0). Attachments: Exhibit 1 -Quote Exhibit 2- Single Source Memo Exhibit 3 -PUB Minutes Exhibit 4- Ordinance N. ID 15 -553 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Electric Utility Overhead Distribution Pole Line Hardware for Transmission Line Under Build for Denton Municipal Electric (DME); and providing an effective date (RFP 5775- awarded to HD Supply in the three (3) year not -to- exceed amount of $1,000,000). Attachments: Exhibit 1- Evaluation and Ranking Sheet Exhibit 2- Ordinance Exhibit 3- Signed Contract O. ID 15 -559 Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas ( "City ") to execute, for and on behalf of the City, an Easement Grant and Abandonment Agreement ( "Agreement "), by and between the City and DENTON WEST JOINT VENTURE ( "Owner "), providing for (a.) the granting to City ofDenton Page 8 Printed on 711612015 City Council Meeting Agenda July 21, 2015 P N the City of easement for Lift Station purposes, encumbering 0.'127 acre tract; and (b.) the granting to the City of easement for Ingress and Egress purposes, encumbering a 0.052 acre tract; and (c.) the granting to the City of a Street Right -of -Way deed, encumbering a 0.333 acre tract; and (d.) the abandonment ( "Abandonment ") by the City of (1) that certain Sanitary Sewer Easement, from M. K. Buchanan to the City, recorded in Volume 645, Page 79, Deed Records, Denton County, Texas; and (ii) that certain Public Utility Easement, from M. K. Buchanan to the City, recorded in Volume 626, Page 123, Deed Records, Denton County, Texas; (collectively, the "Abandonment Tracts "), all tracts situated in the Jeremiah Fisher Survey, Abstract N0. 42'1, Denton County, Texas and being generally located at the 2200 block East Ryan Rd.; authorizing the expenditure of funds therefore; making findings; providing a savings clause; and providing an effective date. (Denton West Lift Station Upgrade) (Recommended for approval by PUB 6 -0) Attachments: Exhibit 1 Location Map Exhibit 2 Site Map Exhibit 3 Ordinance ID 15 -561 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a Contract of Sale, as attached thereto and made a part thereof as Exhibit "A ", by and between Jason Rose, (the "Owner "), and the City of Denton, Texas, (the "Buyer "), regarding the sale and purchase of fee simple to a 1.227 acre tract, more or less, situated in the S. McCracken Survey, Abstract No. 817, located in the City of Denton, Denton County, Texas, as more particularly described in the Contract of Sale, located generally in the 2'100 Block of East Sherman Drive (the "Property Interests "), for the purchase price of One Hundred Sixty Five Thousand Dollars and No Cents ($165,000.00), and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Denton Fire Station No. 4 Rebuild Proj ect) Attachments: Exhibit 1 Location Map Exhibit 2 Site Map Exhibit 3 Ordinance ID 15 -562 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, affirming, Texas, affirming the commitment of the City of Denton, Texas to the North Texas Boulevard Bridge in conjunction with the 35Express project in the amount of $396,372 and authorizing the City Manager, or his designee, to execute a letter of intent between the Texas Department of Transportation, Archer Western Contractors, LLC Granite Construction Company and Lane Construction Company and the University of North Texas to initiate final design; and providing an effective date. Attachments: Attachment 1 NT Blvd Exhibit 3 AGL Letter Gvhihi +d NIT PIvrI Exhibit 2 NT Blvd City ofDenton Page 9 Printed on 711612015 City Council Meeting Agenda July 21, 2015 R. ID 15 -564 Consider adoption of an ordinance concerning the removal of parking and changing of Highland Street, from North Texas Boulevard to Avenue D, from one -way, eastbound, to two -way and the changing of Avenue D, from Maple Street to Highland Street, from two -way to one way, northbound as attached to the ordinance (Exhibit 1) and providing an effective date. The Traffic Safety Commission recommends approval (5 -0). Attachments: Exhibit 1 Ordinance Exhibits 2 -7 S. ID 15 -571 Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a supplemental and amended engagement letter with Lloyd Gosselink Rochelle & Townsend, P.C. for Professional Legal Services relating to the pending litigation entitled the City of Denton, Texas V NRG Power Marketing, LLC; authorizing the expenditure of funds therefor; providing an effective date (File No. 5771 - in the additional amount of not -to- exceed $500,000, aggregating not -to- exceed $595,000). The Public Utilities Board recommends approval (6 -0). Attachments: Exhibit 1- Engagement Letter Exhibit 2 -PUB Draft Minutes Exhibit 3- Ordinance Exhibit 4- Supplemental Engagement Letter 5. PUBLIC HEARINGS A. Z15 -0012 Hold a public hearing and consider an initial zoning of Neighborhood Residential 1 (NR -1) on approximately 4.495 acres of land generally located approximately 760 feet east of South Trinity Road and 2,600 feet north of East McKinney Street (FM 426). The Planning and Zoning Commission recommends approval (7 -0). Attachments: Exhibit 1- Planning and Zoning Commission Report Exhibit 2- Site Location - Aerial Map Exhibit 3- Zoning Map Exhibit 4- Future Land Use Map Exhibit 5- Applicant Narrative Exhibit 6- NR -1 Permitted Uses Exhibit 7- Public Notiifcation Map Exhibit 8- June 17, 2015 Planning & Zoning Commission Minutes Exhibit 9- Draft Ordinance B. S15-0002 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit (SUP) for Multi - Family Dwellings in Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district and use classifications. The approximately 11.4 acre site is generally located on the south side of McKinney Street (FM 426), approximately 1,000 feet west of Mockingbird Lane; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, City of Denton Page 10 Printed on 711612015 City Council Meeting Agenda July 21, 2015 providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (7 -0) with conditions. Attachments: Exhibit 1 - PZ Staff Report Exhibit 2 - Location - Aerial Map Exhibit 3 - Zoning Map Exhibit 4 - Future Land Use Map Exhibit 5 - Proposed Site Plan Exhibit 6 - Proposed Landscape Plan Exhibit 7 - Proposed Elevation Rendering Exhibit 8 - Proposed Street Sections Exhibit 9 - Notification Map Exhibit 10 - Project Narrative Exhibit 11 - Site Photos Exhibit 12 - SUP Ordinance C. Z15 -0005 Hold a public hearing and consider adoption of an ordinance to the City of Denton, Texas, amending Ordinance No. 2007 -032 which provided for a zoning change to a Neighborhood Residential 3 (NR -3) zoning district classification and use designation along with an overlay district, in order to modify conditions related to design criteria in the overlay on approximately 31 acres of land generally located on the southwest corner of Hinkle Drive and Windsor Street in the City of Denton, Denton County; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (6 -1), subject to conditions. Attachments: Exhibit 1 Staff Report Exhibit 2 Aerial Map Exhibit 3 Zoning Map Exhibit 4 Future Land Use Map Exhibit 5 Ordinance No 2007 -032 Exhibit 6 Public Notification and Community Responses Exhibit 7 June 17, 2015 Planning & Zoning Commission Minutes Exhibit 8 Draft Ordinance D. Z15 -0010 Hold a public hearing and consider a rezoning request from Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district to a Neighborhood Residential 6 (NR -6) zoning district on approximately 20.13 acres of land generally located northwest of the intersection of Pockrus Page Road and Post Oak Boulevard. The Planning and Zoning Commission recommends approval (7 -0). City of Denton Page 11 Printed on 711612015 City Council Meeting Agenda July 21, 2015 Attachments: Exhibit 1- Planning and Zoning Commission Staff Report Exhibit 2- Site Location - Aerial Map Exhibit 3- Zoning Map Exhibit 4- Future Land Use Map Exhibit 5- NR -6 Permitted Uses Exhibit 6- Surrounding Residential Within One Square Mile Exhibit 7- Applicant Narrative Exhibit 8- Public Notification Map Exhibit 9- June 17, 2015 Planning & Zoning Commission Minutes Exhibit 10- Draft Ordinance E. DCA15 -0002 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending "Permitted Uses" in Subchapter 35.5 of the Denton Development Code to add "Craft Alcohol Production" to the use tables with a Limitation and to amend Subchapter 23.2 "Definitions and Terms" to define the use of "Craft Alcohol Production" and allow for the definition of "Restaurant, Brewpub "; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (5 -0). Attachments: Exhibit 1 Staff Report Exhibit 2 Proposed Amendments Subchapter 5 - Zoning Districts and Limitation; Exhibit 3 Proposed Amendments to Subchapter 23 - Definitions Exhibit 4 Craft Alcohol Ordinance 6. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: A. ID 15 -537 Willie Hudspeth regarding City Hall. B. ID 15 -573 Kent Key regarding gas well plats. C. ID 15 -575 A.C. Adam regarding buffer zone area around gas wells. D. ID 15 -586 Nell Yeldell regarding weeds, water and health hazards at 516 E. Prairie. 7. CONCLUDING ITEMS City of Denton Page 12 Printed on 711612015 City Council Meeting Agenda July 21, 2015 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 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 WORK SESSION ROOM AND CITY COUNCIL CHAMBERS ARE 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 13 Printed on 711612015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -536, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM/ ACM: Bryan Langley Date: July 21, 2015 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the results of the 2015 citizen and business surveys. BACKGROUND During the City Council planning retreat in September 2014, the Council directed staff to perform a citizen survey to gauge public opinion on a variety of issues. Staff engaged a survey research firm, the National Research Center (NRC) to perform the survey in April of this year. The NRC is endorsed by the International City /County Management Association and the National League of Cities, and has performed survey research for over 350 cities in the U.S. The NRC conducted two separate surveys, the National Citizen Survey and the National Business Survey, to gather opinion from citizens and the business community across a range of community issues and service areas. The National Citizen Survey seeks to measure public opinion in eight key areas: Community Engagement, Safety, Mobility, Natural Environment (open space, greenbelts), Built Environment (buildings, neighborhoods, infrastructure), Economy, Recreation and Wellness, and Education and Enrichment. The National Business Survey assesses local business owners' or managers' perspectives of the community. The survey tool tracks business expectations for the coming year, identifies services and policies that would assist the success of local businesses, describes characteristics of local companies, and tracks business owners' perceptions of the quality of current services. The survey results highlight several possible areas of focus for the City in upcoming years: • Mobility issues, including street repair, traffic flow, public parking, and pedestrian and bicycle travel. • Planning, zoning & land use issues, including increased flexibility in regulations and streamlined permitting. • Economic development, including job growth, business retention and attraction, marketing and promotion opportunities, and physical improvements to city -owned properties. The results support the key action steps that staff has proposed in the FY2016 Strategic Plan. Damema Mann, Senior Survey Associate of the National Research Center, will present the survey results to the Council on July 21. The attached Community Livability Report and Business Climate Report summarize the survey City of Denton Page 1 of 2 Printed on 7/16/2015 File #: ID 15 -536, Version: 1 findings. Staff will continue to review the data collected in the coming weeks as the FY 2016 budget and strategic plan are developed. EXHIBITS Exhibit l: Community Livability Report Exhibit 2: Business Climate Report Respectfully submitted: Alison Ream Administrative Services Manager City of Denton Page 2 of 2 Printed on 7/16/2015 Dentan, TX (D I�::y IL ........ . ii v a F/ II \l�r�l Ill.` r�e�rrl� (;r,iil���r Ins; �1h�01ullas4ti11nmaumommuuwmwn ^� " °. . 2955 Valmont Road Suite 300 Boulder, Colorado 80301 n- r -c.com • 303 - 444 -7863 lllll� j, Leaders the Core of Better Communities 777 North Capitol Street NE Suite 500 Washington, DC 20002 icma.org • 800 - 745 -8780 a Of II J fE ° ' [ it II. C ;H it �. S I( S OV Il Da a i Pa 1"', '1' L~ 1 C"1) I IM The National Citizen SurveyTM © 2001 -2015 National Research Center, Inc. The NCSTM is presented by NRC in collaboration with ICMA. NRC is a proud member of the AAPOR Transparency Initiative, providing clear disclosure of our sound and ethical survey research practices. G u The National Citizen SurveyTM (The NCS) report is about the "livability" of Denton. The phrase "livable community" is used here to evoke a place that is not simply habitable, but that is desirable. It is not only where people do live, but where they want to live. Great communities are partnerships of the government, private sector, community -based organizations and residents, all geographically connected. The NCS captures residents' opinions within the three pillars of a community (Community Characteristics, Governance and Participation) across eight central facets of community (Safety, Mobility, Natural Environment, Built Environment, Economy, Recreation and Wellness, Education and Enrichment and Community Engagement). The Community Livability Report provides the opinions of a representative sample of 276 residents of the City of Denton. The margin of error around any reported percentage is 6% for the entire sample. The full description of methods used to garner these opinions can be found in the Technical Appendices provided under separate cover. l i Most residents rated the quality of life in Denton as excellent or good. This was similar to ratings in other communities across the nation (see Appendix B of the Technical Appendices provided under separate cover). Excel l —n 32' Shown below are the eight facets of community. The color of each community facet summarizes how residents rated it across the three 2% sections of the survey that represent the pillars of a community — Community Characteristics, Governance and Participation. When most F ratings across the three pillars were higher than the benchmark, the 1 , color for that facet is the darkest shade; when most ratings were lower than the benchmark, the color is the lightest shade. A mix of ratings (higher and lower than the benchmark) results in a color between the extremes. Overall Quality of Life Good 53% In addition to a summary of ratings, the image below includes one or more stars to indicate which community facets were the most important focus areas for the community. Residents identified Safety and Economy as priorities for the Denton community in the coming two years. It is noteworthy that Denton residents gave strong ratings to both of these facets of community. Additionally, ratings for all facets of community were positive and similar to other communities. This overview of the key aspects of community quality provides a quick summary of where residents see exceptionally strong performance and where performance offers the greatest opportunity for improvement. Linking quality to importance offers community members and leaders a view into the characteristics of the community that matter most and that seem to be working best. Details that support these findings are contained in the remainder of this Livability Report, starting with the ratings for Community Characteristics, Governance and Participation and ending with results for Denton's unique questions. Legend Higher than national benchmark Similar to national benchmark Lower than national benchmark Most important The National Citizen SurveyTM I .. tnu,�' T, � Im What. makers; a Community li'vabl , attf rc iv al7d a c3 M117 Y [)00[)/0 M017t- to be? Overall quality of community life represents the natural ambience, services and amenities that make for an attractive community. How residents rate their overall quality of life is an indicator of the overall health of a community. In the case of Denton, 89% rated the City as an excellent or good place to live. Respondents' ratings of Denton as a place to live were similar to ratings in other communities across the nation. In addition to rating the City as a place to live, respondents rated several aspects of community quality including Denton as a place to raise children and to retire, their neighborhood as a place to live, the overall image or reputation of Denton and its overall appearance. Eight in i o residents gave high ratings to Denton as a place to raise children. About three - quarters of residents gave positive ratings to Denton's overall image and their neighborhood as a place to live while more than two- thirds of respondents gave favorable ratings for Denton as a place to retire and the overall appearance of Denton. Delving deeper into Community Characteristics, survey respondents rated over 40 features of the community within the eight facets of Community Livability. All aspects within the facets of Safety, Natural Environment, Recreation and Wellness and Community Engagement were rated positively by at least a majority of respondents. Within Economy, seven of the eight aspects were given ratings that were similar to the benchmark comparison, while the rating for Denton's vibrant downtown /commercial area was given a higher rating than the benchmark comparison with nearly 8 in io residents giving a positive rating. Place to Live Within Education and Enrichment, most residents gave positive ratings to education and enrichment opportunities, Excellent cultural /arts /music activities and adult education, all of which were 41% higher than ratings given in other communities. Ratings were lowest I in the aspect of Mobility. About half of residents were pleased with Good paths and walking trails and ease of walking, while about 4 in i o 46% residents rated travel by bicycle and travel by public transportation 48% positively; these aspects were rated similar to the benchmark. Poor Ratings for overall ease of travel, travel by car public parking and 1% FairJ traffic flow were lower than ratings given in other communities 10% across the nation. Percent rating positively (e.g., excellent /good) Comparison to national benchmark Higher uuuuu Similar Lower Overall image Neighborhood Place to raise children Place to retire Overall appearance The National Citizen SurveyTM I:::: igLfl e 1: Aspects of 01'-i a -act 'u. sbcs Percent rating positively (e.g., excellent /good, very /somewhatsate) Comparison to national benchmark Higher m Similar Lower SAFETY Overall feeling of safety Safe in neighborhood Safe downtown MOBILITY Overall ease of travel Paths and walking trails Ease of walking Travel by bicycle Travel by public transportation Travel by car Public parking Traffic flow NATURAL ENVIRONMENT Overall natural environment Cleanliness Air quality BUILT ENVIRONMENT Overall built environment New development in Denton Affordable quality housing Housing options Public places ECONOMY Overall economic health Vibrant downtown Business and services Cost of living Shopping opportunities Employment opportunities Place to visit Place to work RECREATION AND WELLNESS Health and wellness Mental health care Preventive health services Health care Food Recreational opportunities Fitness opportunities EDUCATION AND ENRICHMENT Education and enrichment opportunities Religious or spiritual events and activities Cultural /arts /music activities Adult education K -12 education Child care /preschool COMMUNITY ENGAGEMENT Social events and activities Neighborliness Openness and acceptance Opportunities to participate in community matters Opportunities to volunteer 4 The overall quality of the services provided by Denton as well as the manner in which these services are provided are a key component of how residents rate their quality of life. Nearly 8 in i o residents were pleased with the overall quality of Denton services, and about one -third gave positive ratings to the services provided by the Federal Government. Both of these ratings were similar to ratings given in other communities across the nation. Survey respondents also rated various aspects of Denton's leadership and governance. About 7 in i o respondents gave positive ratings to overall customer service by Denton employees and the overall direction that Denton is taking. About two- thirds of residents were pleased with Denton government generally acting in the best interest of the community, and about 6 in io gave positive ratings to welcoming citizen involvement, confidence in City government, and being honest. About half of respondents favorably rated the value of services for taxes paid and treating all residents fairly; these ratings were all similar to ratings given in other communities. Respondents evaluated over 30 individual services and amenities available in Denton. A majority or more of residents gave positive ratings to all aspects of Safety, Natural Environment, Built Environment, Economy, Recreation and Wellness, Education and Enrichment and Community Engagement and all aspects within these facets were rated similar to the benchmark with the exception of special events, which was rated higher than the benchmark. Ratings for Mobility were more varied: about 7 in i o respondents gave positive ratings to bus or transit services and about half rated traffic enforcement, street cleaning and street lighting positively. Sidewalk maintenance, traffic signal timing and snow removal were rated favorably by about 4 in io residents, while only 2 in i o were pleased with street repair. All aspects of Mobility were rated similar to ratings given in other communities except snow removal and street lighting, which were rated lower. Overall Quality of Services Excel le-` 27% Poor 4% 19% Good 51% Percent rating positively (e.g., excellent /good) Comparison to national benchmark Higher iiiiiiiii Similar Lower Value of Overall Welcoming Confidence Acting in the Being honest Treating all Customer Services services for direction citizen in City best interest residents service provided by taxes paid involvement government of Denton fairly the Federal Government The National Citizen SurveyTM �:::: igU ire Z: Aspects of (�:�oweiri iairice Percent rating positively SAFETY (e.g., excellent /good) Police Fire Ambulance /EMS Comparison to national Crime prevention benchmark Fire prevention Higher Animal control Emergency preparedness K Similar MOBILITY Traffic enforcement Lower Street repair Street cleaning Street lighting Snow removal Sidewalk maintenance Traffic signal timing Bus or transit services NATURAL ENVIRONMENT Garbage collection Recycling Yard waste pick -up Drinking water Natural areas preservation Open space BUILT ENVIRONMENT Storm drainage Sewer services Power utility Utility billing Land use, planning and zoning Code enforcement Cable television ECONOMY Economic development RECREATION AND WELLNESS City parks Recreation programs Recreation centers Health services EDUCATION AND ENRICHMENT Public libraries Special events COMMUNITY ENGAGEMENT Public information 0 IIIG IIIG IIV Are the fOS; 71-1; of De17tO17 C017170,cted to the corninunity and each other? An engaged community harnesses its most valuable resource, its residents. The connections and trust among residents, government, businesses and other organizations help to create a sense of community; a shared sense of membership, belonging and history. About 7 in i o residents gave positive ratings to the sense of community in Denton, which was similar to ratings given in other communities. Almost 9 in i o respondents would recommend Denton to others and more than 8 in i o plan to remain in Denton for the next five years; about half of residents had contacted Denton employees in the past year. These rates of participation were similar to the benchmark. The survey included over 3o activities and behaviors for which respondents indicated how often they participated in or performed each, if at all. Ratings for Participation varied across facets. A majority or more of residents participated in all aspects of Natural Environment, Recreation and Wellness and Education and Enrichment, rates which were similar to those in other communities. Rates of participation varied most widely in the facet of Community Engagement: about 9 in io residents had talked or visited with neighbors and about 8 in io read or watched local news at least once in the past year, while about 2 in i o had contacted Denton elected officials, attended or watched a local public meeting. Rates of participation within Economy were also varied with nearly all residents reporting they had purchased goods or services in Denton while only one -third indicated they felt the economy will have a positive impact on their income. All rates of Participation across each facet were similar to rates given in other communities across the country, with the exception of the rate of residents who work in Denton within the facet of Economy, which was higher than the rate given in other communities. Sense of Community Excellent 32% Poor 10% 22 % Good 36% Percent rating positively (e.g. Comparison to national very /somewhat likely, yes) benchmark Higher iiiiiiiiii Similar Lower Recommend Denton Remain in Denton Contacted Denton employees The National Citizen SurveyTM I::::igU ire I Aspects of Flair.bclip 'boiri Percent rating positively SAFETY (e.g., yes, more than Stocked supplies for an emergency once a month, always /sometimes) Did NOT report a crime Was NOT the victim of a crime Comparison to national MOBILITY benchmark Used public transportation instead of driving Higher Carpooled instead of driving alone KSimilar Walked or biked instead of driving NATURAL ENVIRONMENT Lower Conserved water Made home more energy efficient Recycled at home BUILT ENVIRONMENT Did NOT observe a code violation NOT under housing cost stress ECONOMY Purchased goods or services in Denton Economy will have positive impact on income Work in Denton RECREATION AND WELLNESS Used Denton recreation centers Visited a City park Ate 5 portions of fruits and vegetables Participated in moderate or vigorous physical activity In very good to excellent health EDUCATION AND ENRICHMENT Used Denton public libraries Participated in religious or spiritual activities Attended a City- sponsored event COMMUNITY ENGAGEMENT Campaigned for an issue, cause or candidate Contacted Denton elected officials Volunteered Participated in a club Talked to or visited with neighbors Done a favor for a neighbor Attended a local public meeting Watched a local public meeting Read or watched local news Voted in local elections 0 o i o i The City of Denton included four questions of special interest on The NCS. The first special- interest question asked residents to rate the quality of different aspects of City communications. About two- thirds of residents positively rated the availability of information about City programs and services and the quality of the City's website, while about 6 in i o gave favorable ratings to the usefulness of information in the Citizen Connection and the relevance of questions and topics on EngageDenton.com. About half of respondents gave positive ratings to the quality of the City's video production and cable television and to City efforts to engage citizens on social media sites, to keep citizens informed about local issues and to educate citizens about environmental and sustainable practices. The availability of information about City programs and services The quality of the City's website (www.cityofdenton.com) The usefulness of information in the Citizen Connection (utility bill newsletter) The relevance of questions and topics on EngageDenton.com The quality of the City's video production and cable television channel (Charter 194, Grande 12, Verizon 38) City efforts to engage citizens on social media sites City efforts to keep citizens informed about local issues City efforts to educate citizens about environmental and sustainable practices 0 Excellent uooI Good 64% 64% i0% D�D The National Citizen SurveyTM The second special- interest question on the survey asked residents to indicate how much of a source they considered different means of communication to be for obtaining information about the City government. About 9 in i o respondents indicated that they found the City website and word -of -mouth or friends to be at least a minor source of information, while about 8 in i o indicated the Denton Record - Chronicle as at least a minor source. At least two- thirds of survey participants indicated the Citizen Connection, local TV news, public buildings, and CodeRed emergency notifications as a source. Four in io or fewer residents indicated their homeowner /neighborhood association, local blogs or the City YouTube channel as sources of information. �::::aigUu.r: 5' : SOUu.cr:s of i�r- ifbu..ir'i"n 'Uor'I Please indicate how much of source, if at all, yr�u �r�r�sider each of the following try be for obtaining information about the City government and its activities, everts and services. City website (www.cityofdenton.com) Word of mouth /friends Denton Record - Chronicle Citizen Connection (utility bill newsletter) Local TV news Public buildings (brochures, posters, signage) CodeRed emergency notifications Local radio City staff City Facebook or Twitter feed City Council Public meetings EngageDenton.com City cable television channel (Charter 194, Grande 12, Verizon 38) City email newsletter Your homeowner /neighborhood association Local blogs City YouTube channel Major source uiiiiii Minor source 10 90% 88% The National Citizen SurveyTM A third special- interest question asked residents to indicate their preferred method of customer service interaction with City of Denton employees. In- person or face -to -face contact was the most preferred method of interaction, with about one -third of respondents favoring this method; one - quarter of respondents favored telephone interaction and about 2 in 10 favored email. Fewer than 1 in 10 respondents preferred interaction via internet application, social media, mail /fax, live chat, mobile phone application or other methods. �::::ic;U ire &: CUstor'n..ier' Sr:^u -V+ ce iii "iteira .ibir'i IMet'io Please indicate which of the following is your preferred method of customer service interaction with the pity of Denton Employees. In- person /face -to -face Telephone E -mail Internet application Social media (i.e., Facebook, Twitter, etc.) Mail /fax Live chat via the City's website Mobile phone application Other 33% The fourth and final special- interest question asked survey participants to rate the quality of their most recent customer service experience with the City of Denton. All categories of customer service were rated positively by at least 6 in 10 respondents. About 8 in 10 residents gave positive ratings to the courtesy and helpfulness of city staff and the timely resolution of their request, and about three - quarters positively rated the competence and knowledge of City staff, the ease of locating contact information and the availability of City staff. �:::: ic;U ire T: C" U stor'i "ieu.Sr;a -V+ ce i�r'i"1pirr;s§ ThInkIng about your most recent experience with the pity of Denton, please rate your impression of the following categories of customer service performance The courtesy and helpfulness of City staff The timely resolution of your request The competence and knowledge of City staff The ease of locating contact information The availability of City staff (hours of operation) The length of time you waited (waiting on hold, waiting in line, etc.) to submit a request m Excellent 1111111 Good 11 81% 78% 7% 1/0 P/40,1� =11111, �, � Most residents rated their quality of life positively and think that Denton is an excellent or good place to live. More than 8 in i o residents gave positive ratings for Denton as a place to live and raise children and about three - quarters favorably rated the overall image of Denton and their neighborhood as a place to live. Most residents would recommend Denton to others and plan on remaining in Denton for the next five years. �1Ilfcr"�,In 1111 ([ 1111 aind iIs IIiIglfly iiWkvd in Economy was identified as an important area of focus in the coming years, and many aspects of Economy were rated positively by a majority of residents, including overall economic health, shopping opportunities, Denton as a place to work and to visit, cost of living in Denton, vibrant downtown /commercial area, business and services and economic development. Virtually all residents had purchased goods or services in Denton in the past year and nearly 6 in io residents work in Denton. Ratings for Denton's downtown /commercial area and the number of residents who work in Denton were higher than ratings given in other communities across the nation. °111(,�rll.u.ull III/ a �°�l,IJIIngs u°11(1 a Y e a 0s siilL>>I� e a 1 ea Of fncl),J�s F011", �i. IIi I y in r Ratings for Mobility varied across the different pillars of community livability. A majority of respondents gave positive ratings for ease of walking, traffic enforcement, street cleaning, street lighting, and bus or transit services and gave ratings similar to those given in other communities. Fewer residents gave positive ratings for traffic flow, travel by car, public parking, street repair and snow removal, all which received ratings lower than the benchmark. Overall ease of travel was rated positively by 58% of respondents, a lower rating than was seen in other communities. Less than half of residents had carpooled instead of driving alone and about one - quarter had used public transportation instead of driving. <,, , h !`i r i I eased e,� a,rori ;i rr ! f I ! r,,, ( a,rori ! I r,,, i r ; ,,,,, ,e ,! ,,,e, � i ,,,.. ;r Q '�.q �Jl;l�ro IIaIIG��JI, ���1�6 i,,,u��;l[� Il���r�ll�l�prrl�� 1m1211�( i�� (�lollll�Ilr��11,1�,ll�rrllh.� a�,,i��,'6 /,,,111�,I1� rmlol! �1�,��lal��(u�ll �G�u iu1m�G� II,1� 1�,IlhG�, r,,.�1�1��1u In a series of special- interest questions on the survey, residents were asked to indicate their most commonly -used sources of information about the city and to rate the quality of City communications, as well as indicate their preferred method of customer service interaction with the City and to rate customer service quality. Almost all residents indicated the City website as a major or minor source of information about the City and about two- thirds of residents rated the quality of the City website as excellent or good. Nearly three - quarters of residents utilized the Citizen Connection newsletter as at least a minor source of information and 6o% of residents positively rated the usefulness of the newsletter. When asked to indicate their preferred method of customer service interaction with the City, one -third of residents indicated their preference for in- person or face -to -face contact and another 26% preferred telephone communication. All categories of customer service performance were rated favorably by about two- thirds or more of survey respondents, with the courtesy and helpfulness of City staff being the most highly rated. 12 f; / a Tfx NRC IV91111��6101ll1�W !mmiu!Niuu,,,,NUm" " °�� 2955 Valmont Road Suite 300 Boulder, Colorado 80301 n -r -c.com • 303 - 444 -7863 About~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1 11 ����U������ ~� nnU«�u,uU«�u,��...............................................................................................�� 11'.)6ng 113us�ness �n I'Denton~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 3 Commun�ty Character�sflcs~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 4 �� � ���V������������ ........................................................................................... �� 11:3us�ness �� �� � mp���x^nx������ .............................................................................................. `� SpedaUTop�cs~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 11 � � NRCisu charter member of the 4APOR Transparency Initiative, providing clear disclosure of our sound and ethical survey research practices. %/ l P o /r The National Business SurveyTM (The NBS) report is about the business climate of Denton and provides guidance about community characteristics and services that support local businesses. Great communities are partnerships of the government, private sector, community -based organizations and residents, all geographically connected. The NBS captures business owners' and managers' opinions across eight central facets of community livability (Safety, Mobility, Natural Environment, Built Environment, Economy, Recreation and Wellness, Education and Enrichment and Community Engagement). The Business Climate Report provides the opinions of a representative sample of 327 business owners and managers of the City of Denton. Because no statistical weighting was performed, no traditional margin of error was calculated. However, because not all business owners or managers responded to the survey, NRC recommends using plus or minus five percentage points as the "range of uncertainty" around any given percent reported. The full description of methods used to garner these opinions can be found in the Technical Appendices provided under separate cover. Page 1 I) iin t iin bu§hness owners in d n1wilagers vaIWeUhe iinmiini iin lii t y as a pIIIace 'to I ii in II' Iii iin in d "feeIII II po§i,UveIII y about,bhe II' bu§hness 6hhniate About 84% of survey respondents rated their quality of life in the City as excellent or good. Respondents' ratings of quality of life were similar to ratings in other communities across the nation. When considering Denton as a place to work, 83% of business owners and managers felt it was excellent or good while about three - quarters felt it was an excellent or good place to visit. At least 6 in i o business owners rated Denton as a place to do business and as a place to retire as well as the overall image and appearance of the city favorably. About 68% of survey respondents would be very or somewhat likely to recommend operating a business in Denton, which was lower than other municipalities across the nation. Most business owners planned to keep their business in Denton for the next five years and felt positive about the impact of the economy on their revenues in the coming six months. cUllunly iii s hniIpurt&ntto ' bu§hness owners in r C i iin ii � � iii i�i „ were genera IHy III l,U Business owners indicated that Economy is an important facet for Denton to focus on in the coming years. The rating for overall economic health was similar to the national comparison with about 7 in i o business owners giving it a positive rating. Within Community Characteristics, about 8 in io survey respondents felt that the quality of business establishments in Denton and the vibrant downtown /commercial area were excellent or good and slightly fewer (63 %) gave positive marks to shopping opportunities. Employment opportunities received a positive rating from 54% of survey respondents, which was lower than the national comparison. Within Governance, economic development was rated positively by 64% of business owners and was similar to the national comparison; however the remaining three aspects were rated positively by less than half of survey respondents (retaining existing businesses, attracting new businesses and supporting or creating new jobs). II' Iii III liity r III iii iin is in area of qpIportwnliity for III) iin t iin Mobility was also a key focus area for the business community, and respondent felt some areas may need improvement. Within Community Characteristics, each of the nine aspects received a positive rating from less than a majority of survey respondents ranging from about one in five giving positive ratings to traffic flow and ease of public parking to about two in five giving positive ratings to ease of walking and paths and walking trails. Within Governance, ratings of Mobility ranged from 19% excellent or good for street repair to 78% excellent or good for traffic enforcement (a rating that was higher than the national comparison). ;a Page 2 Knowing where to focus resources to establish or preserve a thriving business climate requires information that targets features that are most important to the business community. Overall, about 6 in i o business owners rated Denton as a place to do business as excellent or good. This rating was lower than ratings in comparison communities (see Appendix B of the Technical Appendices provided under separate cover). Business owners rated eight facets of community (Safety, Mobility, Natural Environment, Built Environment, Economy, Recreation and Wellness, Education and Enrichment and Community Engagement) in two dimensions on the survey, first by their overall quality and then how important each was for the City to focus on in the next two years. The chart below summaries these ratings by showing how each facet's quality compared to the benchmark; stars indicate the areas deemed most important for Denton's efforts in the future. Excellent 23 %_ Place to do business Poor 15% Good 37% Fair 25% Business owners identified Mobility and Economy as priorities for the Denton community in the coming two years. Ratings for Economy were strong and similar to the national benchmark. Benchmarks for the remaining seven facets were not available. This overview of the key aspects of community quality provides a quick summary of where businesses see exceptionally strong performance and where performance offers the greatest opportunity for improvement. Linking quality to importance offers community members and leaders a view into the characteristics of the community that matter most and that seem to be working best. Legend Higher than benchmark Similar to benchmark Lower than benchmark Benchmark not available Most important Page 3 Recreation and Wellness Education and Enrichment Community Engagement V.,Vrn/41 Overall quality of community life represents the natural ambience, services and amenities that make for an attractive community. How the business community views the overall quality of life is an indicator of the overall health of a community. In the case of Denton, 84% felt the City had an excellent or good quality of life. Respondents' ratings of quality of life were similar to ratings in other communities Excel le across the nation. 20% In addition to rating the City as a place to live, business owners and managers rated several aspects of community quality including Denton as a place to work, to retire and to Poor_ visit, the overall image or reputation of Denton and its 2% overall appearance. Overall, a majority of respondents rated each of these aspects favorably, with Denton as a place to work being the most positively rated aspect. A high proportion of respondents also felt that Denton was a good place to visit. When national comparisons were available, these ratings tended to be lower. Overall quality of life 1 QII J 15% Good 64% Delving deeper into Community Characteristics, survey respondents rated over 25 features of the community within the eight facets of Community Livability. When benchmark comparisons were available, these ratings tended to be lower than ratings given in communities across the nation. However, exceptions to this include three aspects that were rated similar to the national comparison including ratings of feelings of safety in commercial areas during the day, ratings for overall economic health and for opportunities to participate in community matters. Within Safety, nearly all business owners and managers identified that they feel safe in commercial areas during the day while about 9 in i o gave positive ratings to their overall feeling of safety. About three - quarters felt safe in commercial areas after dark. Within Mobility, each of the nine aspects received a positive rating from less than half of survey respondents including traffic flow, ease of public parking, ease of walking and availability of paths and walking trails. Ratings within the facet of Natural Environment were strong with at least 6 in i o giving positive ratings to each of the three aspects within this facet. About half to three - quarters of respondents rated aspects of Economy as excellent or good (e.g., employment opportunities, vibrant downtown /commercial area). Percent rating positively (e.g., excellent /good) 83% 62% Place to work Place to visit Place to retire Page 4 Comparison to benchmark Higher 1111111111 Similar Lower O Not available ::A. Overall image Overall appearance The National Business SurveyTM iglfl'E; 1 t _Ia Ctu,Of UIEE ttornr un ty Percent positive (e.g., excellent or good, very or somewhat safe) SAFETY Overall feeling of safety Safe in commercial areas during the day Comparison to benchmark Safe in commercial areas after dark Higher MOBILITY iiiiiiiii Similar Overall ease of travel Lower Traffic flow ::::I' Not available Ease of public parking Amount of public parking Travel by car Travel by public transportation Travel by bicycle Ease of walking Paths and walking trails NATURAL ENVIRONMENT Overall natural environment Air quality Cleanliness BUILT ENVIRONMENT Overall built environment Housing options Quality of commercial development ECONOMY Overall economic health Employment opportunities Shopping opportunities Quality of business establishments Vibrant downtown /commercial area RECREATION AND WELLNESS Health and wellness 21 911LfL�IN7►I_1I19]121 7[ya►�4�►�I Education and enrichment opportunities Training opportunities for work COMMUNITY ENGAGEMENT Sense of community Opportunities to participate in community matters Page 5 f The overall quality of the services provided by Denton as well as the manner in which these services are provided are a key component of how the business community rates the quality of life and the City as a place to do business. About three - quarters of business owners or managers gave excellent or good ratings to the overall quality of services provided by the City of Denton which was a rating similar to the national comparison. In comparison, only 51% gave excellent or good ratings to the services provided by State Government and fewer (36 %) gave excellent or good ratings to the services provided by the Federal Government. Survey respondents also rated various aspects of Denton's leadership and governance. When comparisons to the national benchmark were available, ratings in Denton tended to be lower. About 7 in i o business owners and managers gave high marks to the customer service provided by Denton employees. About half of survey respondents gave high marks to the overall direction of Denton, acting in the best interest of Denton and being honest. Excellent 15 %_ Poor 9 %� FE 19% City services Good 57% Respondents evaluated over 20 individual services and amenities available in Denton. When benchmark comparisons were available, these ratings tended to be similar to or lower than the ratings given in other communities across the nation. Within Safety, ratings were strong with three of the four related aspects receiving positive ratings from at least 84% of respondents; each of which was also similar to the national comparison (a benchmark was not available for emergency preparedness). Ratings of Mobility ranged from 19% excellent or good for street repair to 78% excellent or good for traffic enforcement (a rating that was higher than the national comparison). Ratings within the facet of Natural Environment were strong with about 8 in io giving positive ratings to both garbage collection and recycling while the rating for recycling was similar to the national comparison (a benchmark was not available for garbage collection). Economic development was the highest rated aspect within the facet of Economy with 64% giving a positive rating. Percent rating positively (e.g., excellent /good) Comparison to benchmark Higher uuuuu Similar Lower c2 Not available .••• Value of Informing Welcoming Overall Confidence Acting in the Being honest Customer Services Services services for businesses business direction in City best interest service provided by provided by taxes paid of involvement government of Denton State Federal community Government Government issues and values Page 6 The National Business SurveyTM ���Iglfl Z A^ a CLS Of UIE OVE;I i E3 11 CE, Percent positive (e.g., excellent or good, very or somewhat beneficial) Comparison to benchmark Higher uuuuu Similar Lower 17 Not available SAFETY Police Fi re Crime prevention Emergency preparedness MOBILITY Traffic enforcement Street repair Street cleaning Street lighting Snow removal Sidewalk maintenance Bus or transit services NATURAL ENVIRONMENT Garbage collection Recycling BUILT ENVIRONMENT Storm drainage Power utility Utility billing Land use, planning and zoning Building permits and inspections Code enforcement ECONOMY Economic development Retaining existing businesses Attracting new businesses Supporting or creating new jobs EDUCATION AND ENRICHMENT City- sponsored special events COMMUNITY ENGAGEMENT Public information Page 7 1 City businesses weighed in on the business climate of Denton. Of those surveyed, 68% would be very or somewhat likely to recommend operating a business in Denton, which was lower than other municipalities across the nation. Significantly more were likely to keep their business in Denton for the next five years and 61% felt positive about the impact of the economy on their revenues in the coming six months. When asked about potential programs and services to benefit businesses in Denton, about 9 in io identified physical improvements to City -owned property, increased flexibility in City regulations and streamlined permitting as the most beneficial. About three - quarters of respondents would find City- financed marketing and promotion beneficial, but fewer saw the benefits of skill - building classes /workshops for workers. Percent positive (e.g., very or somehat likely, very or somewhat beneficial, very or somewhat positive) CLIMATE OVERALL Recommend operating a business in Denton Comparison to benchmark Keep business in Denton Higher Impact of economy on revenues in the next 6 months uuuuui S i m i I a r Lower COMMUNITY ENGAGEMENT P. Not available Sponsor charitable events and activities in Denton 21►121 g[yFAIR a:ZiZN:L\►Ti6 Physical improvements to City -owned property Increased flexibility in City regulations Streamlined permitting City- financed marketing and promotion Financial assistance Skill- building classes /workshops for workers Page 8 Business owners and managers evaluated several aspects of Denton's workforce, including whether they planned to hire in the near future, the types of positions needed as well as the quality of the applicants they have encountered in past. Owners and managers also indicated the extent to which they used various hiring resources available in the community. About 43% of survey respondents planned to hire within the next 6 to 12 months; about one - quarter were unsure if they would be hiring. Those who indicated they were planning to hire or were unsure if they were planning to hire in the next 6 to 12 months were also asked what kind of jobs they might be adding. A majority indicated they would be adding technically skilled jobs while about 4 in i o indicated they would be adding administratively skilled jobs. Business owners and managers were least likely to hire for unskilled administrative or labor positions. Planningto hire in the next 6 to 12 months Yes 43 %_------_ Not sure 25% When asked about their impression of job applicants in their most recent hiring experience, survey respondents gave the most positive ratings to applicant prior experience with 41% giving an excellent or good rating. When indicating their overall impression of applicants, 34% gave an excellent or good rating. Survey respondents were also asked about their reliance on resources to seek talent for their business. About 4 in i o indicated relying on job websites or their own business' website to a great or moderate extent while about 3 in io relied on colleges /universities and social networks. About 13% relied on headhunters /recruiters and career fairs. Types of positions needed 56% 40% 28% 17% c r; Technically skilled (e.g. Administratively skilled Unskilled administrative Unskilled labor medical, computer, architecture, equipment operation, etc.) Page 9 The National Business SurveyTM F�guna3��AapeCLsoftheVVorkFonoe Percent positive (e.g., excellent 0rgood, great or moderate extent) APPLICANTS Comparison to benchmark 0Higher Applicant prior experience 1111111111Simi|ar Lower � I Not available Number of qualified applicants Overall impression of applicants HIRING RESOURCES ]obwebaitea Social networks Business' website Career fairs Page 10 � �� The City of Denton included four questions of special interest on The NBS related to City communications. When asked to rate the quality of eight aspects of Denton communications, about 7 in i o gave excellent or good ratings to the quality of the City's website, which was the highest rated aspect among the eight listed. About 6 in i o gave high marks to the availability of information about City programs and services and slightly fewer gave high marks to City efforts to educate citizens about environmental and sustainable practices and City efforts to keep citizens informed about local issues. Please rate the following aspects of City of Denton communications. The quality of the City's website (www.cityofdenton.com) The availability of information about City programs and services City efforts to educate citizens about environmental and sustainable practices City efforts to keep citizens informed about local issues The usefulness of information in the Citizen Connection (utility bill newsletter) The quality of the City's video production and cable television channel (Charter 194, Grande 12, Verizon 38) City efforts to engage citizens on social media sites The relevance of questions and topics on Engage Denton. com Page 11 41% 53% 41% 50% 42% 46% 34% 41% 33% 39% The National Business SurveyTM When asked about sources of information, nearly all business owners and managers indicated that word of mouth /friends was a major or minor source of information about the City government and its activities, events and services. About 9 in io indicated that the City website and Denton Record - Chronicle were sources of information. About two- thirds of respondents relied on public buildings, City staff and CodeRed notifications for information about the City. The City YouTube channel, local blogs, homeowner /neighborhood associations and the City cable television channel were among the least used sources of information. Please indicate how much of a source, if at all, you consider each of the following to be for obtaining information about the City government and its activities, events and services: Word of mouth /friends City website (www.cityofdenton.com) Denton Record - Chronicle Local TV news Public meetings Public buildings (brochures, posters, signage) City staff CodeRed emergency notifications Citizen Connection (utility bill newsletter) City Council Local radio City Facebook or Twitter feed City email newsletter Engage Denton. com City cable television channel (Charter 194, Grande 12, Verizon 38) Your homeowner /neighborhood association Local blogs City YouTube channel %Major source Minor source �RMON 44% 95% j/ 29% 90% 40% 72% j 51% 71% i r° 54% i 68% 44% MONSOON 68% 30% %� IM 66% 48% 64% 41% 63% 35% 57% i 29% 49% 34% 47% 36% 44% 35% 40% 26% 38% 30% 38% 24% 29% Page 12 The National Business SurveyTM About 4 in i o survey respondents indicated the telephone as their preferred method of customer service interaction with the City of Denton employees. About one - quarter preferred in- person /face -to -face and e -mail while fewer than 5% preferred each of the other methods listed. :ig fl'E; fix: C st mEn 1' SE,1' iJC ; ILE, N:3CUOII 1r thOd Please indicate which of the following is your preferred method of customer service interaction with the City of Denton Employees: Telephone In-person/face-to-face E -mail Internet application Social media (i.e., Facebook, Twitter, etc.) Live chat via the City's website Mobile phone application Mail/fax Other 39% When asked about impressions of Denton employee customer service, nearly 8 in io gave excellent or good marks to the courtesy and helpfulness of City staff while about 7 in i o gave high marks to the availability of City staff and the competence and knowledge of City staff. The lowest rated category of customer service performance was the length of time the survey respondent waited to submit a request; however a majority still gave positive ratings to this category. Thinking about your most recent experience with the City of Denton, please rate your impression of the following categories of customer service performance: The courtesy and helpfulness of City staff The availability of City staff (hours of operation) The competence and knowledge of City staff The timely resolution of your request The ease of locating contact information The length of time you waited (waiting on hold, waiting in line, etc.) to submit a request Excellent Good 51% 77% 53% 71% 49% 70% 44% 62% 45% 61% 43% 57% Page 13 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: DCA15- 0002a, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM /ACM: Jon Fortune Date: July 21, 2015 SUBJECT Receive a report and hold discussion regarding adding "Craft Alcohol Production" to the Denton Development Code. BACKGROUND Under the current regulations of the Denton Development Code (DDC), all breweries are classified as Light Manufacturing. This is due in large part to the production, storage and wholesale distribution activities associated with the breweries that are more appropriately located within employment and industrial zoning districts. However, as part of the recent boom in craft beers, many smaller breweries, or " microbreweries," have begun seeking out older, industrial buildings in more traditionally urban settings where they can also have associated restaurant, bar, or retail areas for onsite consumption of their products. Microbreweries are commonly defined by the industry as breweries producing less than 15,000 barrels of beer per year. These microbreweries have recently begun locating within urban areas of other Metroplex cities. In response to this boom and requests from microbrewery business owners about locations within downtown Denton, the Planning Division is proposing to add "Craft Alcohol Production" to the DDC to accommodate these requests and promote economic development downtown and throughout the city. By doing so, small -scale breweries, wineries, and distilleries may locate in certain zoning districts without permitting all other light manufacturing uses that may be inappropriate in those areas. To promote the walkability of downtown, staff is also recommending a limitation to the size of the use and to provide an onsite consumption component, such as a taproom or retail sales, for the general public. PROPOSED DEFINTIONS Craft Alcohol Production: A business that primarily manufactures alcoholic beverages for wholesale distribution, but that may also include onsite consumption and /or retail sales. Restaurant, Brewpub: A restaurant that also manufactures alcoholic beverages as an accessory use, primarily for onsite consumption or retail sales. Upon the direction of the Planning and Zoning Commission at its work session on June 17, 2015, staff removed the onsite consumption requirement from the definition of Craft Alcohol Production and moved it into City of Denton Page 1 of 3 Printed on 7/16/2015 File #: DCA15- 0002a, Version: 1 Limitation 12 discussed later in this report. The purpose of moving the onsite consumption requirement to a limitation was that onsite consumption may not be appropriate in all zoning districts. Staff also amended the definition of Restaurant, Brewpub to allow retail sales for those restaurants that may wish to sell their alcohol in growlers or other packaging for offsite consumption. PROPOSED LIMITATION In some zoning districts within the city, including Downtown and the mixed -use zones, staff recommends that onsite consumption or retail sales be required so that these businesses have public spaces and store frontages to promote walkability. To accomplish this, the following limitation is proposed: L(12) = On- premise consumption and /or retail sales is required. Uses are limited to no more than 10,000 square feet of gross floor area for production, bottling, packaging, storage, and other manufacturing related activities. A SUP is required for additional square footage. PROPOSED ZONING DISTRICTS Staff recommends Craft Alcohol Production be either permitted, not permitted, required with an SUP, or permitted with a limitation within the zoning districts of Subchapter 5 as follows: Downtown /University Core: Downtown Residential 1 (DR -1) Not Permitted Downtown Residential 2 (DR -2) Not Permitted Downtown Commercial Neighborhood (DC -N) SUP Downtown Commercial General (DC -G) L(12) Rural Areas: Rural Residential (RD -5) Not Permitted Rural Commercial (RC) SUP Neighborhood Centers: Neighborhood Residential 1 (NR -1) Not Permitted Neighborhood Residential 2 (NR -2) Not Permitted Neighborhood Residential 3 (NR -3) Not Permitted Neighborhood Residential 4 (NR -4) Not Permitted Neighborhood Residential 6 (NR -6) Not Permitted Neighborhood Residential Mixed Use 12 (NRMU -12) Not Permitted Neighborhood Residential Mixed Use (NRMU) SUP Connnunity Mixed Use Centers: Community Mixed Use General (CM -G) L(12) Community Mixed Use Employment (CM -E) L(12) Regional Mixed Use Centers: Regional Center Residential 1 (RCR -1) Not Permitted Regional Center Residential 2 (RCR -2) Not Permitted Regional Center Commercial Neighborhood (RCC -N) SUP Regional Center Commercial Downtown (RCC -D) L(12) Einployinent Centers: Employment Center Commercial (EC -C) Permitted Employment Center Industrial (EC -I) Permitted City of Denton Page 2 of 3 Printed on 7/16/2015 File #: DCA15- 0002a, Version: 1 Industrial Centers: Industrial Center Employment (IC -E) Permitted Industrial Center General (IC -G) Permitted Upon the direction of the Planning and Zoning Commission at its work session on June 17, 2015, staff added an SUP to the NRMU, DC -N, and RCC -N zoning districts and L(12) to the CM -G and CM -E zoning districts. This would help promote mixed -use areas outside downtown Denton as encouraged by Denton Plan 2030, while still maintaining protections for adjacent neighborhoods. RECOMMENDATION On July 8, 2015, the Planning and Zoning Commission recommended approval of this request (5 -0). EXHIBITS 1. Proposed Amendments to Subchapter 5 - Zoning Districts and Limitations 2. Proposed Amendments to Subchapter 23 - Definitions Respectfully submitted: Aimee Bissett Interim Director, Planning and Development Prepared by: Mike Bell Associate Planner City of Denton Page 3 of 3 Printed on 7/16/2015 - Categories Printing / Publishing RD-5 N RC N Bakeries N L(21) Craft Alcohol Production N SUP Manufacture of Non - odoriferous Foods N N Feed Lots SUP N Food Processing N N Light Manufacturing N SUP / L(24) Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries P P Distribution Center/Warehouse, General N N Warehouse, Retail N N Self- service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots N N Kennels L(14) L(14) Veterinary Clinics P P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N Gas Wells L(27) L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 5 ...... ............................... Development Code 5 -3 Subchapter 5 ...... ............................... Development Code Categories Printing / Publishing N N N N N N N Bakeries N N N N N N L(21) Craft Alcohol Production N N N N N N SUP Manufacture of Non - odoriferous Foods N N N N N N N Feed Lots N N N N N N N Food Processing N N N N N N N Light Manufacturing N N N N N N N Heavy Manufacturing N N N N N N N Wholesale Sales N N N N N N N Wholesale Nurseries N N N N N N N Distribution Center /Warehouse, General N N N N N N N Warehouse, Retail N N N N N N N Self- service Storage N N N N N N N Construction Materials Sales N N N N N N N Junk Yards and Auto Wrecking N N N N N N N Wrecker Services and Impound Lots N N N N N N N Kennels L(37) L(37) N N N N N Veterinary Clinics L(14) L(14) N N N N P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N N N N N N Gas Wells L(27) L(27) SUP L(27) SUP L(27) SUP L(27) SUP L(27) SUP L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -9 Subchapter 5 ...... ............................... Development Code Categories Printing / Publishing D- N DR-2 N DC-N N DC-G P Bakeries N N L(21) P Craft Alcohol Production N N SUP L(12) Manufacture of Non - odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N N Heavy Manufacturing N N N N Wholesale Sales N N N SUP/ L(36) Wholesale Nurseries N N N SUP/ L(36) Distribution Center /Warehouse, General N N N N Warehouse, Retail N N N N Self- service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Wrecker Services and Impound Lots N N N N Kennels N N N N Veterinary Clinics N SUP L(26) P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N N N Gas Wells SUP L(27) SUP I L(27) SUP I L(27) SUP I L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -15 Subchapter 5 ...... ............................... Development Code 5 -21 Categories Printing / Publishing P L(25) Bakeries P L(25) Craft Alcohol Production L(12) L(12) Manufacture of Non - odoriferous Foods N L(25) Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center /Warehouse, General N N Warehouse, Retail N N Self- service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots N N Kennels N N Veterinary Clinics P P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N Gas Wells SUP L(27) SUP I L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 5 ...... ............................... Development Code 5 -21 Subchapter 5 ...... ............................... Development Code Categories Printing / Publishing N N N N Bakeries N N L(21) P Craft Alcohol Production N N SUP L(12) Manufacture of Non - odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N L(23) Heavy Manufacturing N N N N Wholesale Sales N N N N Wholesale Nurseries N N N N Distribution Center /Warehouse, General N N N N Warehouse, Retail N N L(13) L(13) Self- service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Wrecker Services and Impound Lots N N N N Kennels N N N N Veterinary Clinics SUP SUP L(14) P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N N N Gas Wells SUP SUP L(27) L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -27 Subchapter 5 ..... ............................... Development Code 5 -32 Categories Commercial Land Use Home Occupation N N Sale of Products Grown on Site N N Hotels P P Motels P N Bed and Breakfast N N Retail Sales and Service P L(18) Movie Theaters N N Restaurant P P Private Club P P Bar P P Drive - through Facility P P Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Laundry Facilities P P Equestrian Facilities N N Outdoor Recreation P N Indoor Recreation P P Conference /Convention Centers P SUP Major Event Entertainment P P Commercial Parking Lots P P Administrative or Research Facilities P P Broadcasting of Production Studio P P Sexually Oriented Business N N Temporary Uses L(38) L(38) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -32 Subchapter 5 ...... ............................... Development Code 5 -39 Categories Printing / Publishing L(25) L(25) Bakeries L(25) P Craft Alcohol Production P P Manufacture of Non - odoriferous Foods L(25) P Feed Lots N N Food Processing N P Light Manufacturing P P Heavy Manufacturing N SUP Wholesale Sales P P Wholesale Nurseries P P Distribution Center /Warehouse, General P P Warehouse, Retail SUP SUP Self- service Storage P P Construction Materials Sales P P Junk Yards and Auto Wrecking N SUP Wrecker Services and Impound Lots L(29) L(29) Kennels N N Veterinary Clinics N N Sanitary Landfills, Commercial Incinerators, Transfer Stations N SUP Gas Wells L(27) L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 5 ...... ............................... Development Code 5 -39 Subchapter 5 ...... ............................... Development Code 5. All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business - owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L(9) = All restrictions of L(8), but limited to no more than 15 guest units. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(12) = On- premise consumption and /or retail sales is required. Uses are limited to no more than 10,000 square feet of gross floor area for production, bottling, packaging, storage, and other manufacturing related activities. A SUP is required for additional square footage. L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi -Public Halls, Clubs and Lodges. L(16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot. L(17) = Uses that exceed twenty -five thousand (25,000) square feet of gross floor area per use require approval of a SUP. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than 5,000 square feet of gross floor area except adjacent to I -35 then uses are limited to 10,000 square feet of gross floor area. L(19) = Allowed as an accessory use to the primary business(es) within the same structure. The accessory use is limited to those employees or owners of the business or businesses within the same structure. L(20) = Permitted, but outdoor storage of autos prohibited. L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L(22) = Uses are permitted only in association with Gas Stations and are limited to no more than 25 seats except adjacent to I -35 then the number of seats is limited to 50. L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 5,000 square feet. L(24) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 1,500 square feet. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(26) = Uses are limited to no more than 2,500 square feet of gross floor area per lot. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L(28) = Use allowed as part of consolidated parking plan. L(29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights -of -way and residential uses and zoning districts. 5 -43 Subchapter 23 Development Code Subchapter 23 — Definitions Sections: 35.23.1 General. 35.23.2 Definitions and Terms. 35.23.1 General. For the purpose of this Chapter, certain words and terms shall be defined and interpreted as follows. Interpretations of meaning shall be made by the Director of Planning and Development based on the provisions of Section 35.1.4. Appeals of staff interpretations of this Chapter shall be heard as a Board of Adjustment Procedure. 35.23.2 Definitions and Terms. Acceleration /Deceleration Lane: One or more paved traffic lanes traversing the frontage of a property for the purpose of allowing traffic to accelerate or decelerate outside of higher speed traffic lanes. Accepted for Filing: The status of an application following submission and acceptance as complete by the Director of all application materials, documents, and fees, and required signatures required by this Chapter. Access Ramp: A route to provide entry for vehicles and machinery into a drainage system. Access Road: A route parallel to and at the top of the bank or channel to allow maintenance access of channels from the top. Accessory Use: A use incidental or secondary to the principal use of a lot, building or structure and located on the same lot as the principal use. Acreage, Net: The gross acreage of a parcel excluding any floodway. Acreage, Gross: The acreage included within the boundary line of a particular property, including all property legally held by the owner, unless said property has dedicated right -of -way previous to development to the City, county, state or federal entity. Addition: Lots, tracts or parcels of land lying within the corporate boundaries of the City which is intended for the purpose of development. Administrative or Research Facilities: A facility used for the management of an enterprise or research and development activities such as improving technologies, developing products and scientific research. Adult Arcade: Any place to which the public is permitted or invited wherein coin - operated or slug - operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image - producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult Bookstore /Adult Video Store: A. A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following: 1. Books, magazines, periodicals or other printed matter, or photo - graphs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas': or 2. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities ". 23 -1 Subchapter 23 ..... ............................... Development Code B. For the purpose of this definition, a commercial establishment shall be considered to have as "one of its principal business purposes" the sale or rental of the materials described in (A) above, if: 1. The establishment makes use of a sign visible from any public street, whether located on or off the property of the establishment, advertising the availability at the establishment of any materials described in (A); 2. The establishment devotes more than thirty percent (30 %) of its total floor area which is open to the public to the display of items for sale or rental that are materials described in (A); 3. More than thirty percent (30 %) of the total number of items displayed for sale or rental by the establishment are materials described in (A); or 4. The establishment regularly maintains on the property for sale or rental materials described in (A) whole total retail value is more than fifty percent (50 %) of the total retail value of all materials kept on the premises for sale or rental. Adult Cabaret: A nightclub, bar, restaurant, or similar commercial establishment which regularly features: A. Persons who appear in a state of nudity; or B. Live performances which are distinguished or characterized by an emphasis on "specified sexual activities" or the exposure of "specified anatomical areas"; or C. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult Motel: A hotel, motel, or similar commercial establishment which: A. Offers accommodations to the public for any form of consideration; provides patrons with closed - circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right -of -way which advertises the availability of this adult type of photographic reproductions; or B. Offers a sleeping room for rent for a period of time that is less than 10 hours; or C. Allows a tenant or occupant of a sleeping room to sub -rent the room for a period of time that is less than 10 hours. Adult Motion Picture Theater: A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are distinguished or characterized by an emphasis on "specified sexual activities" or the exposure of "specified anatomical areas." Agricultural Activity: Land used exclusively as a bonafide agricultural operation by the owner or tenant. The use of land for agricultural purposes including farming, horticulture, animal and poultry husbandry, and the necessary accessory uses, provided that the operation of the accessory use is clearly incidental to the agricultural activity. An accessory use shall include incidental sales by the producer of products raised on the farm. Airspace Obstruction: Any structure, tree, land mass, or use of land which penetrates a transitional, horizontal, or conical surface of an airport, airport approach, or airport overlay as defined by this Chapter and /or regulations of the Federal Aviation Administration. Alley: A public way which affords a secondary means of access to abutting property and which is not intended for general travel or circulation. 23 -2 Subchapter 23 Development Code Antenna, Directional: Any antenna which incorporates a reflective surface that is designed to transmit or receive microwave signals from terrestrial or orbitally based uses. Apartment, Studio or Efficiency: One room which is designed or intended for occupancy by, or which is occupied by, one family doing its cooking therein or by one or more related persons doing their or their own cooking therein. For zoning purposes, a studio or efficiency apartment shall be regarded as a dwelling unit and a structure containing three or more such apartments shall be regarded as a multiple dwelling. Arcade: Any commercial building in which there are more than three amusement game machines on the premises which are available to the public. An arcade may contain commercial recreational machines or games other than amusement game machines. Arcades are restricted in use between the hours of 10 A.M. and 10 P.M. Sunday through Thursday and 10 A.M. and 12 P.M. Friday through Saturday and are further restricted from serving alcoholic beverages, except in the case where the use is primarily for adults and all minors are accompanied by an adult. Architectural Element: Authentic architectural projections and details. Architectural Projection: Eaves, decorative extensions, bay windows having no floor space, or other portions of a structure having no living space nor key structural value. Assisted Living Facility: An establishment that: A. Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and B. Provides personal care services. Attached Single - family: See "Dwelling, Single - family Attached." Automobile and RV Sales: A structure and /or lot dedicated to the retail sale of new or used motor vehicles. Automotive Wrecking and Salvage Yard: A business that stores three or more wrecked vehicles outdoors for the purpose of selling the vehicles whole; or dismantling or otherwise wrecking the vehicles to remove parts for sale or for use in an automotive repair or rebuilding business. Backhaul Provider: the owner of a wire network (i.e. the cable, electric, or telephone company) utilized in connecting the various cell sites to telephone switching offices, long distance providers or the public switched telephone network. Bakery: A place for baking or selling baked goods. Bar: An establishment whose primary activity is the sale of alcoholic beverages for on- premise consumption. Base Density: The density allowed in the parent zoning district per gross acre. Base Flood: A flood having a one (1) percent chance of being equaled or exceeded in any given year based on a fully developed watershed. Also known as the one hundred -year flood. Basement: A building story partially or completely underground. A basement shall be counted as a story in computing building height where any portion of a basement has more than one -half of its height above grade. Basic Utilities: Infrastructure services and the structures necessary to provide those services including electricity, natural gas, telephone, telecommunications, water, or sewer. Bed and Breakfast Facilities: A detached dwelling in which rooms are rented and meals may be served to transient guests on an overnight basis. Bedroom: Any room other than a living room, family room, dining room, kitchen, bathroom, closets, or utility room, for the purpose of this Code, shall be considered a bedroom. Dens, studies, etc. with or without closets and similar areas, which may be used as bedrooms shall be counted as bedrooms for the purposes of this Chapter. Block: The land surrounded by streets and other right -of -way other than an alley, or land which is designated as a block on any recorded subdivision map. 23 -3 Subchapter 23 ..... ............................... Development Code Board of Adjustment /Board: The Board of Adjustment of the City of Denton, Texas Boarding or Roominghouse: A dwelling in which meals and lodging or just lodging are furnished for compensation to more than four but fewer than 20 persons. Provision for meals may be made, provided cooking is done in a central kitchen and not in individual rooms or suites. Broadcasting or Production Studios: A structure designed for making and transmitting programs for radio or television or for the production /editing of films, videos, commercials, etc. Buffer: A strip of land that includes landscaping, fencing, walls, vegetated earthen berm, or any combination thereof. Buildable Area: The portion of a lot remaining and available for construction of a structure or related facilities after required yards and buffers have been provided. Buildable area cannot contain any setback areas, easements, and similar building restrictions, and cannot contain any land that is identified as Floodplain Areas, or Environmentally Sensitive Areas, except as otherwise provided in this Chapter. Building: Any permanent structure designed, used, or intended to be used for human occupancy or use or to support the human occupancy or use of land, including manufactured homes. Building Envelope: An area within the property boundaries of a lot or space within which a permitted structure can be placed. Building Line: A line established beyond which no part of a building shall project, except as otherwise provided in this Chapter. Building Official: The official appointed by the Director of Planning and Development and charged with the enforcement of this Chapter and responsibility of approving building permits and certificates of occupancy. Building Permit: A document signed by the Building Official or their authorized representative as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, repair, remodeling, rehabilitation, alteration, conversion, demolition, moving, installment, or portion of a structure or building, which acknowledges that such use or building complies with the provisions of this Chapter or an authorized variance or Specific Use Permit there from. Building, Principle: A building in which the primary use of the lot on which the building is located is conducted. Business or Trade School: A secondary school offering instruction in a professional, vocational, or technical field. Business Sign: An identification sign containing the name of the business or other accessory information located on the same premises. Caliper: A horticultural method of measuring the diameter of nursery stock grown for the purpose of planting in another location. For trees less than four inches in diameter, the measurement is taken at six inches above ground level. For trees four inches in diameter and up to and including twelve inches in diameter, the caliper measurement is taken twelve inches above ground level. For trees greater than twelve inches in diameter, the trunk is measured at breast height (DBH). Caretaker Quarters: A dwelling unit which houses an individual or family who is employed by the primary user of the property to guard and protect the property and structure(s) from fire, vandalism, theft, etc. Such structure is not to be used for dwelling purposes other than as a caretaker unit. Carport: A partially enclosed structure used for the housing of motor vehicles, the property of, and for use only by the occupants of the lot upon which such structure is located. For purposes of zoning, a carport attached to a principal structure shall be regarded as part of that principal structure and not as an accessory structure. A detached carport shall be classified as an accessory structure. Central Business District: The area described as such by the map contained within Appendix B of the Site Design Criteria Manual. 23 -4 Subchapter 23 Development Code Certificate of Occupancy: Certificate issued by the Building Official for the use of a building, structure or land, when it is determined by the Building Official that the building, structure or proposed land use complies with the provisions of all applicable Codes of the City of Denton. Channel: An open conduit in which water flows with a free surface. Charter School: A school established by a contract with the State Board of Education (SBOE) or the board of trustees of an independent school district; licensed by the state and meeting the state requirements for primary, secondary or higher education. Child -Care Facility: A facility licensed, certified, or registered by the State of Texas to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24 -hour day, whether or not the facility is operated for profit or charges for the services it offers. The following are child -care facilities: A. "Child -care institution" means a child -care facility that provides care for more than 12 children for 24 hours a day, including facilities known as children's homes, halfway houses, residential treatment centers, emergency shelters, and therapeutic camps. B. "Foster group home" means a child -care facility that provides care for 7 to 12 children for 24 hours a day. C. "Foster home" means a child -care facility that provides care for not more than six children for 24 hours a day. D. "Day -care center" means a child -care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day. E. "Group day -care home" means a child -care facility that provides care for 7 to 12 children under 14 years of age for less than 24 hours a day. F. "Family home" means a home that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker. Christmas Tree and Pumpkin Sales: Christmas tree and pumpkin sales include the sale of healthy, nonhazardous, cut or live evergreen trees, wreaths, tree stands and pumpkins. Permits for temporary Christmas tree and pumpkin sales are limited to the non - residential districts. Church: A structure used by a religious organization or congregation for regular organized religious activities. A church use may also include accessory or subordinate uses and structures associated with its religious mission, such as: rectories, convents, meeting halls, offices for administration of the institution, schools, educational facilities, dormitories for students, parsonages, dwelling units for religious organization personnel, recreational facilities, day care facilities, arenas or production studios, or any combination of such optional uses, provided that: 1. This definition shall not apply to any such accessory or subordinate uses, unless they are secondary to an active, primary church use located on the same premises, regardless of whether such uses are owned, operated, managed, supported, or endorsed by, or otherwise affiliated with, any religious organization, mission or belief, and regardless of whether any religious message, teachings, customs, celebrations, ceremonies, rituals, rites, worship or content are provided in conjunction with such uses; and, Any and all such accessory or subordinate uses having a residential component, such as rectories, convents, parsonages, dormitories and dwelling units, shall be located within an accessory structure, secondary to the main church use. The primary structure may not be used for any such residential use. City: The City of Denton, Denton County, Texas, and its extraterritorial jurisdiction. City Council: The City Council of the City of Denton, Texas. 23 -5 Subchapter 23 ..... ............................... Development Code City Engineer: The individual holding the office of City Engineer of the City of Denton, Texas, who shall actively maintain licensure in good standing as a Professional Engineer under the laws of the State of Texas. Those duties assigned by this chapter to the City Engineer which relate to the development review process may be reassigned by the City Manager, in whole or in part, to one or more licensed professional engineers, as needed to adjust workflow or to provide specific expertise. City Facility: A public service or facility provided, owned and controlled by the City. Clear Cutting: The removal of all of the trees or a significant majority of the trees within an area. Clearing: An intentional act to cut down or damage a tree and /or understory vegetation, to the extent that the tree and /or understory vegetation will decline or die. Clearing includes, but is not limited to, herbicide or similar chemical treatment of trees and /or understory vegetation, physical removal, damage from soil compaction, or damage due to grading. Clearing and Grading, Limits of. The boundaries of that area of land identified in the clearing and grading plan, site plan or landscape plan subject to soil disturbance, clearing of trees and other vegetation in conjunction with a proposed development or land use. Cluster Subdivision /Development: A grouping of individual building lots or sites in close proximity, each of which or the majority of which has less land than required for isolated individual lots, with the additional areas being devoted to open space, conservation area, recreation space, parking spaces and access facilities, in addition to required yards. Clustering: The concentrating of units or floor area ratio in the buildable area(s). College or University: An institution of higher learning providing facilities for teaching and research and authorized to grant academic degrees. Commercial Incinerator: Establishments primarily engaged in the collection and disposal of refuse by processing or destruction for profit. Examples would be furnaces or similar devices for the burning to ash of trash or bodies. Commercial Parking Lots: An area devoted to the standing, maneuvering, and circulation of motor vehicles in commercial areas. Commission: The Planning and Zoning Commission of the City of Denton, Texas. Committee: The Development Review Committee (DRC). Common Access Route /Internal Street: Private drive allowing principal means of access to individual HUD -Code Manufactured Home Park lots or auxiliary buildings. Community Center: A building used as a place of meeting, recreation, or social activity and not operated for profit and which neither alcoholic beverages or meals are normally dispensed or consumed, and typically for use by the residents of a particular development or the community. Community Home for Disabled Persons: A community -based residential home containing not more than 6 disabled persons with 2 supervisory personnel which meets the requirements of the Community Homes for the Disabled Persons Location Act, Tex. Hum. Res. Code Chapter 123.001, et seq. (Vernon 1990), as amended. Community Service: A structure or group of structures for a community's governmental, social, educational, and /or recreational activities. Community Service facilities include federal, state, county, and local government activities. - Comprehensive Plan: The Denton Plan, the Comprehensive Plan of the City of Denton, Texas as adopted by the City Council. The Comprehensive Plan shall consist of a Land Use Plan, a Mobility Plan, a Water System Plan, a Sanitary Sewer Plan, a Storm Drainage Plan, a Parks and Recreation Plan, and such other plans as may be adopted by the City. 23 -6 Subchapter 23 Development Code Condominium: A type of ownership of attached or detached dwelling units, offices, or other space within a structure, as defined by the provision of Title 7, Chapter 82 Uniform Condominium Act of the Texas Property Code in which each unit is independently owned and financed by the occupant but in which all lands are commonly owned. Conduit: Any open or closed device for conveying flowing water. Conference/ Convention Centers: A facility with a capacity of greater than 1,000 seats used for conferences, conventions, seminars, or similar functions. Conservation Easement: A nonpossessory interest held by a governmental body empowered to hold an interest in real property under the laws of this state or the United States; other qualified entity, pursuant to Section 170(h) of the Internal Revenue Code, as amended; or a charitable corporation, charitable association, or charitable trust in real property that imposes limitations or affirmative obligations designed to: A. Retain or protect natural, scenic, or open -space values of real property or assure its availability for agricultural, forest, recreational, or open -space use; B. Protect natural resources; C. Maintain or enhance air or water quality; or D. Preserve the historical, architectural, archeological, or cultural aspects of real property. Construction Materials Sales: A business involved in the sale of structure supplies and services including lumber, plywood, drywall, siding, windows, molding, cabinets, insulation, etc. Conveyance Plat: An interim plat recording the subdivision of property or defining a remainder of property created by the approval of a final plat for sole purpose of conveying land and not for development for a portion of property, where approval of final development plans is not sought. Copy Center: A facility for the custom reproduction of written or graphic materials for individuals of businesses. Typical processes include, but are not limited to, photocopying, small offset printing, blueprint, and facsimile sending and receiving. Corner Lot: See "Lot, Corner." Cornice: A continuous, molded projection that crowns a wall or other construction, or divides it horizontally for compositional purposes. Coverage, Lot or Site: Total area of all structures, paved driveways, or other soil disturbances that will not allow normal water infiltration. The coverage is expressed as a percentage of such area in relation to the total gross area of the lot or site. Landscaping shall not be deemed part of the lot or site coverage. Craft Alcohol Production: A business that primarily manufactures alcoholic beverages for wholesale distribution, but that may also include onsite consumption and /or retail sales. Criteria Manual: A manual pertaining to the technical and design requirements of this Chapter. Critical Root Zone (CRZ): The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line but not less than one foot radius for each one inch dbh. dbh: Diameter at breast height (dbh) is the tree trunk diameter measured in inches at a height of four and one -half (4 1/2) feet above existing ground level. A. For single -trunk trees, the width shall be measured at four and one -half feet (4 1/2 `) above ground level. B. For multi -trunk trees, combine the diameter of largest stem or trunk with one -half of the diameter of each additional stem or trunk, all measured at four and one -half feet (4 1/2 � above ground level. Day Care, Adult: A facility providing care for the elderly and /or functionally impaired adults in a protective setting for a portion of a 24 -hour day. The facility provides services under an adult day -care program on a daily or regular basis but not overnight to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. 23 -7 Subchapter 23 ..... ............................... Development Code Decibel (dB): The physical unit commonly used to measure noise levels; the unit of level such as the sound pressure level. Deed Restrictions /Private Covenants: Private stipulations usually pertaining to residential subdivisions which govern lot size, minimum floor area, uses permitted and, in some instances, architectural design. These may be stricter than provisions included in this Chapter. Demolition Business: A business that demolishes structures, including houses and other buildings, in order to salvage building materials and that stores those materials before disposing of them. Demolition: The dismantling, razing or neglect of all or any part of any structure. Dense Evergreen Foliage: A large quantity of vegetation per unit of area that retains its leaves throughout the year and of such opacity as to block one's vision through it. Density: The quantity of an item per unit area; for example, the number of dwelling units per gross area. Density, Base: The maximum number of dwelling units per gross acreage or the maximum floor area permitted outright by a particular land -use classification. Density, Gross: The total number of dwelling units divided by the total project area acreage, expressed as gross dwelling units per acre, or the calculation of which is otherwise defined by this Chapter. Density, Net: The total number of dwelling units divided by the net project area acreage, expressed as net dwelling units per acre. In determining net density within the development boundaries, including: all land area associated with and accessory to the dwelling unit, including private and public streets, driveways, off -street parking, public and private recreational facilities, common open space, utility easements, and environmentally sensitive areas. Exclusions from net density calculations include: nonresidential structures and land uses, accessory dwelling units, the floodway and any waters of the U.S. and any other exclusions as identified by this Chapter. Department: The Planning and Development Department of the City. Detention: The storage of storm runoff for a controlled release during or immediately following the design storm. Regional detention refers to storage of storm runoff from an entire drainage area or basin. Developed Floodplains: Any area defined as a floodplain within the FEMA 100 -year floodplain. These areas have typically been channelized or the land within these areas has been graded, filled, or otherwise disturbed. Developer: The legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. Development: Any man -made change to improved or unimproved real estate, including but not limited to, buildings or other structures, paving, drainage or utilities. Development activities include: subdivision of land; construction or alteration of structures, roads, parking, fences, pools, signs, temporary uses, utilities, and other facilities; installation of septic systems; grading excavation, mining or drilling operations; deposit of refuse, debris, or fill materials; and clearing of natural vegetative cover (with the exception of agricultural activities as defined and as permitted). Routine repair and maintenance activities are exempted. Development Unit: An approximate "subarea" within a specifically defined MPC boundary - containing singular or multiple designated land use and zoning classifications. Multiple classifications or mixed -use classifications may be permitted in the MPC District in conformance with the Denton Plan. A development unit in text or table format is the same area as referenced on a map but describes the area in more specific detail. The City Council may approve a particular definition of "subarea" or "development unit" for any individual MPC District. Development Exaction: Any dedication of land or easements for, construction of, or monetary contribution toward construction of a public improvement required as a condition of plat approval by the City. Development Plan: Is a plan, organized, by development unit, demonstrating how the Standards Report will be implemented. The Development Plan will illustrate the proposal's relationship and conformity with adjacent land uses, Mobility systems and the provision of utilities and other public services. 23 -8 Subchapter 23 Development Code Development Plan Map: A map at an appropriate scale included in an MPC zoning document that sets forth on the property all the proposed land uses in a zoning category format (e.g., NR -3, RCC, etc., or equivalent), identifies site access, connectivity, and general public improvements (such as parks, open space, trails, but not limited to these), a table showing all the land uses; including the total acreage of each proposed land use, the land use and acreage by parcel, and the total acreage of the project. The map shall also show boundaries reflecting the phasing plan. Development Plat: A plat reflecting new construction or the enlargement of any exterior dimension of any building, structure, or improvement on property previously final platted or not required to be platted. Diameter Breast Height (DBH): The outside diameter of the trunk of a tree, measured four and one -half (4 ' /z) feet above ground level. If a tree splits into multiple trunks below the 4 V2 feet level, DBH will be defined as the sum of each individual trunk measured at 4 V2 feet above ground level, or the single trunk at its most narrow dimension, whichever is greater. Directional Antenna: Any antenna which incorporates a reflective surface that is designed to transmit or receive microwave signals from terrestrial or orbitally bases uses. Director of Planning and Development /Director: The person designed to receive and process plats, site plans, amendments to this Chapter, the zoning map, or the Comprehensive Plan. Disabled Persons: Persons whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak or breathe is substantially limited because the person has: A. Orthopedic, visual, speech, or G. Multiple sclerosis; hearing impairments; H. Cancer; B. Alzheimer's disease; I. Heart disease; C. Pre - senile dementia; J. Diabetes; D. Cerebral palsy; K. Mental retardation; E. Epilepsy; L. Autism; or F. Muscular dystrophy; M. Emotional illness Disc Antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is the shape of a shallow dish, cone, horn, or cornucopia. Such devices may be used to transmit or receive radio or electromagnetic waves between terrestrially or orbitally based uses. This definition includes, but is not limited to, satellite earth stations and microwave antennas. Distribution Center /Warehouse, General: A facility where goods or products that are manufactured or assembled off -site are received and stored in bulk, and are then distributed to customers. District: An area, region, or section with a distinguishing character, or the regulations governing the height, area, use and design of the land and buildings. Disturbed Area: An area of land subjected to erosion due to the removal of vegetative cover and /or earthmoving activities, including but not limited to filling. Door: A hinged, sliding or folding barrier for providing access to a building, structure or room. Door, False: A device that resembles a door, but does not provide access to a building, structure or room. Dormitory: A dwelling unit designed to be occupied by at least 50 students or residents of a school, college, university, or similar institution, with sleeping accommodations, common gathering rooms, and may include group cooking and dining facilities designed to service the entire residency of the dormitory. Double Frontage Lot: See "Lot, Double Frontage." 23 -9 Subchapter 23 ..... ............................... Development Code Drainage Area /Basin: The land area upon which all rainfall that falls on that area is directed towards or flows to a given point or stream. Drainage Facilities/ Systems: Physical provisions to accommodate and regulate stormwater runoff to preclude excessive erosion and sedimentation and to control and regulate the rate of flow. Facili ties /systems can include natural features and conduits, channels, ditches, swales, pipes, detention devices or other devices designed or intended to carry, direct, detain or otherwise control stormwater. Drip Line: A vertical line run through the outermost portion of the canopy of a tree and extended to the ground. Drive- Through Use: A facility or structure that is designed to allow drivers to remain in their vehicles before and during an activity on the site. Drive - through facilities are a type of site development that is usually found in conjunction with a quick vehicle servicing use or other retail sales and service use. Examples include, but are not limited to, drive- through windows, menu boards, gas pump islands, car wash facilities, and quick lube or quick oil change facilities. Driving Surface: A paved access capable of supporting up to 44,000 lbs. gross vehicle weight. Surface to be of minimum width as required by this Chapter. Width shall be increased on turns where necessary to ensure fire apparatus remain on a paved surface during travel. Duplex: See "Dwelling, Duplex." Dwelling /Dwelling Unit: A structure or portion thereof that provides living, sleeping, eating, cooking, and sanitation accommodations. Dwelling, Accessory: A detached structure, other than a manufactured home, that contains a dwelling that is subordinate to a primary single - family detached dwelling. The accessory dwelling shall be on the same lot as the primary single - family dwelling (see definition of "Dwelling, Single - Family Detached "), and shall conform to the standards outlined in this Chapter. Accessory dwellings shall not be included in the density calculations for a lot or development. Dwelling, Duplex: A structure that contains two (2) attached dwellings that are separated by a fire -rated wall. Dwelling, HUD -Code Manufactured Home: A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is four hundred (400) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g). Dwelling, Mobile Home: A structure that was constructed before June 15, 1976, transportable in one (1) or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is four hundred (400) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems. Dwelling, Multi - Family: A structure that contains three (3) or more dwellings and any ancillary uses. Dwelling, Single - Family: An independent structure that is used for the purpose of one (1) dwelling only f►.T BN Subchapter 23 Development Code Dwelling, Single - Family Attached (aka Townhomes): A structure containing at least three (3), but not more than eight (8) attached dwellings, and complies with the following: 1. Has individual front and rear access on the ground floor of each dwelling; 2. Each dwelling shall be separated by fire -rated walls: 3. Each dwelling shall be serviced by an individual meter for each utilities; 4. Each dwelling shall have direct access to a street or alley; and 5. Each dwelling shall be located on its own individual platted lot and each lot must have frontage on a public or private street. Dwelling Unit, Efficiency (aka Studio Unit): A dwelling unit that has only one (1) combined living and sleeping room, but may also have separate kitchen and sanitary facilities within the same unit. Easement: A grant of the right to use a strip of land for specific purposes. Easement, Access: An easement created for the purpose of providing vehicular, pedestrian, or bicycling access to or between properties. Easement, Maintenance: An area of a parcel of land free of structures reserved to an adjacent parcel of land to allow access to repair and maintain a structure, facility, or conservation area located on the adjacent parcel. Ecological Impact:: A modification or change in the existing natural environment that could result in the disruption or loss of wildlife habitat, vegetation, air quality, soil and water quality, and resources, or an increase in ambient noise levels. Ecosystem: An interacting system formed by a biotic community and its physical environment. Effluent: Sewage water or other liquid, partially or completely treated or in its natural state, flowing out of any component of an individual sewage disposal system or flowing over the ground's surface or beneath the ground in groundwater. Elderly Housing: A structure licensed by the Texas Department of Aging and Disability, eighty percent of whose occupants are 55 years of age and older, and that; meets the definition of one of the three uses listed below: a. Elderly Housing, Assisted Living: Services in these establishments include assistance with daily activities, such as dressing, grooming, bathing, etc.; b. Elderly Housing, Congregate Care Facility: A facility for long -term residence generally for persons 55 years of age or older, and which shall include, without limitation, common dining, social and recreational features, special safety and convenience features designed for the needs of the elderly, such as emergency call systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and doorways designed to accommodate wheelchairs, and the provision of social services for residents which shall include at least two of the following: meals services, transportation, housekeeping, linen, and organized social activities; or c. Elderly Housing, Life Care Housing and Services: A residential complex, which may contain multi- family dwellings, attached dwellings, single - family dwelling and other types of dwellings and structures designed for and principally occupied by senior citizens. Such facilities will include one of the following: a congregate meals program in a common dining area, assisted living housing, nursing home facilities, congregate care facilities, or medical facilities. 23 -11 Subchapter 23 ..... ............................... Development Code Elementary School: A public', private or charter school established for grades 1 through 5 but may also include a kindergarten. Endangered Species: A species of animal or plant is considered to be endangered when its prospects for survival and reproduction are in immediate jeopardy from one or more causes as defined in the Endangered Species Act. Environment: The physical condition which exists within the area that will be affected by a proposed development, including: land, air, water, mineral, flora, fauna, noise, and objects of historic or aesthetic significance. Environment, Natural: This environment is characterized by severe biophysical limitations, presence of some unique or natural or cultural features intolerant of intensive human use, or its value is retained only in its natural condition. Management objectives are oriented toward preserving unique features, restricting activities that may degrade the actual or potential value of this environment, and severely restricting development in hazardous areas. Environmental Scientists: Professionals, which are required for the environmental analysis and plan required by this Chapter, with training or direct experience in areas such as: environmental planning, physical geography, environmental geography or hydrology, ecology, botany, soil sciences, or natural resources. Environmentally Sensitive Area: An area identified on the official map for Environmentally Sensitive Areas that contains Floodway, Developed Floodplain, Undeveloped Floodplain, Riparian Buffers, Water Related Habitat, or Upland Habitat. Environmentally Sensitive Areas Map: The official map that identifies areas identified as Environmentally Sensitive Areas. EPA: Environmental Protection Agency Ephemeral Stream: Stream that has flowing water only during and shortly after precipitation events in a typical year. These streams are located above the water table year round. Runoff from rainfall, not groundwater, is the primary source of water for stream flow. Equal Conveyance Principle: An area of the cross - section of a stream, in its existing condition, carrying a percentage of the stream flow, will continue to carry the same percentage of the stream flow after filling of the flood plain occurs, without any rise in the 100 -year flood plain elevation. Equestrian Facilities: A structure or area for horseback riding activities including boarding, training, lessons, and shows. Erosion: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, or gravity, caused either by natural or human created conditions. Escort: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who, for consideration, agrees or offers to privately model lingerie or to privately perform a striptease for another person. Escort Agency: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. Estate Lot: A lot that is at least one (1) acre in size with the purpose of being developed with a single - family detached dwelling as the primary use. Exaction Variance: A variance granted on the basis of a finding that the imposition of the regulations(s) exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted. Excavation: The mechanical or physical act to cut, dig, or scoop soil. z Reference Note — Texas case law generally prohibits enforcement of zoning restrictions upon the location of any school operated by a governmental authority with the powers of eminent domain (e.g. Denton Independent School District.) 23 -12 Subchapter 23 Development Code Extraction: To draw out or forth; hence to derive as if by drawing out; removal of physical matter in a solid, liquid, or gaseous state from its naturally occurring location; the initial step in use of a natural resource; examples include: petroleum and natural gas wells, shale and coal mines, gravel pits, and timber cutting. Extractive Industry: A use involving on -site extraction of surface or sub - surface mineral products or natural resources. Typical uses may be quarries, borrow pits, sand and gravel operations, mining, and soil mining. Specifically excluded from this use is grading and removal of soil associated with an approved site plan or subdivision or excavation associated with, and for the improvement of, a bonafide agricultural use. Extraterritorial Jurisdiction: The unincorporated area outside of and contiguous to the corporate boundaries of the City as defined and established in accordance with Chapter 42 of the Texas Local Government Code. Fabricating: The process of assembling using standardized parts. Facade: That portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation. Facade Articulation: A method or manner of jointing that makes the united parts clear, distinct, and precise in relation to each other. For example, when a brick clad section meets up with a glass curtain wall, a variation in plane is generally needed to avoid the facade appearing too flat. Fair Grounds: An area of land use including, but not limited to: agricultural related office building, exhibition of livestock and farm products, animal shows and judging, carnivals, circuses, community meeting or recreational buildings and uses, concerts, food booths and stands, games, rides, rodeos, sales, auctions, and storage. Family: One or more persons related by blood, marriage or legal adoption. FAR: See Floor -Area- Ratio. Farm Stand: An accessory use, building, or structure used for the retail sale of fresh fruits, vegetables, flowers, herbs, or plants, home - processed food stuffs and products such as jams, honey, pickled products, sauces, baked goods, and homemade crafts /art made on the site. No commercially packed handicrafts or commercially processed or packaged foodstuffs shall be sold at a farm stand. Farmer's Market: The seasonal selling or offering for sale at retail directly to the consumer of fresh fruits, vegetables, flowers, herbs, or plants, processed food stuffs and products such as jams, honey, pickled products, sauces, baked goods, crafts, and art, clothing and other goods, occurring in a pre - designated area, where the vendors are generally individuals who have raised the produce or have taken the same or other goods on consignment for retail sales. Fast Food Restaurant: A restaurant serving food from an ordering counter or from a drive- through facility. Feedlot: A lot, corral, yard, or other area in which livestock are confined, primarily for the purposes of feeding and growth prior to slaughter. The term shall not include areas which are used for raising crops or other vegetation or upon which livestock are allowed to graze, nor shall it allow the slaughter of said animals and livestock on premises. Fees in Lieu of. Allowing, at the developer's option, the payment of the developer's share of the cost of constructing a required public improvement instead of requiring the actual construction at the time of plat approval. FEMA: Federal Emergency Management Agency Fence: A vertical device used as a boundary or means of providing protection, confinement or privacy. Fence, perimeter: An enclosure used as a boundary or means of providing protection, confinement or privacy and is located along the limits of the developed area and is adjacent to an alley, or rights -of -way. Field or Construction Office: A temporary modular building located at a construction site which serves only as an office until the given construction work is completed. Filling: The depositing on land, whether submerged or not, of gravel, earth, or other natural materials in any combination. Fire Code: The most recently adopted International Fire Code as published by the International Code Congress 23 -13 Subchapter 23 ..... ............................... Development Code Fire Lane: A fire apparatus access roadway, on private property or within a public right -of -way, which provides unobstructed passage for the fire department apparatus responding to or engaged in emergency fire and rescue operations. Flatwork: Any impervious area constructed at grade, such as driveways and walkways. Flea Market: An outdoor market for selling secondhand articles or antiques. Floodplain: An area identified by the Federal Emergency Management Agency as possibly being flood - prone, or below the immediate flood line (100 -year flood plain). Flood Fringe: The area located within the floodplain and outside the floodway. Flood Hazard Boundary Map (FHBM): An official map of a community, issued by the Federal Insurance Administration, where special flood hazard areas have been designated. Flood Insurance Rate Map (FIRM): An official community map showing special flood hazard areas and the risk premium zones applicable to the community as issued by the Federal Insurance Administration. Flood Insurance Study: The official Federal Insurance Administration report containing flood profiles, the water surface elevation of the base flood and the flood hazard boundary map. Floodway: Area regulated by federal, state, or local requirements to provide for discharge for the base flow, so that the cumulative increase in water surface elevation is no more than a designated amount within the 100 -year floodplain. A river, channel or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (one - hundred -year flood) discharge without cumulatively increasing the water surface elevation at any point more than one (1) foot above that of the pre- floodway condition, including those designated on the flood insurance rate map. Floor Area: The floor area is the gross horizontal area of the one or more floors of a structure, excluding interior parking spaces. Residential floor space shall be exclusive of carport, basement, attic, patios and open porches. Same as Gross Leasable Floor Space. Floor Area Ratio (FAR): The ratio which is the result of dividing the total floor area of a structure by the area of the lot on which it is located. For example, a structure with a floor area of 20,000 square feet, located on a lot of 40,000 square feet has a floor area ratio (FAR) of 0.5. Food Processing Facilities: Industrial operations in which raw food is made suitable for consumption, cooking or storage. Such facilities include commercial slaughterhouses for poultry, livestock, or other animals, hog farms, and egg farms. Footprint: The horizontal area as seen in a site plan, measured from outside of all exterior walls and supporting columns. It includes residences, garages, covered carports, accessory structures, all other structural uses both primary and accessory to that district, but not trellises, patios, and areas of porch, deck, and balcony less than 30 inches from finished grade. Fraternity: A local or national organization organized for the purpose of sharing social, cultural, scholarly, or religious interests, where involvement requires regular meetings and formal written membership requirements. Fraternity or Sorority House: A dwelling unit in which members of a fraternity or sorority assemble or reside. Freeboard: The vertical distance between the design water surface level and the top of an open conduit left to allow for wave action, floating debris or any other condition or emergency without overtopping the structure. Frequency: Number of complete oscillations or cycles per unit of time. The unit of frequency often used is the Hertz (Hz). Front Yard: See "Yard, Front." Frontage: That side of a lot, parcel or tract abutting a street right -of -way 23 -14 Subchapter 23 Development Code Garage, Private or Public: A structure for the use of the owner or occupant of a principle structure for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature. Gas Stations: A facility that provides retail sales to the public of gasoline, motor oil, automobile lubricants, motor fuels, travel aids, and minor automobile accessories. Gated Communities: A subdivision or housing development with two or more dwellings with private streets controlled through the use of a vehicular or pedestrian gate. General Business: Commercial uses providing a wide range of retail goods and services to meet the needs of a large segment of the community. Geotextile: A synthetic permeable fabric, either woven or unwoven, that provides filtration, separation, and stabilization properties when applied to soil surfaces, and has the ability to reduces erosion and sedimentation due to rain or a storm event. Grade: A. The inclination or slope of a conduit, channel or natural ground surface, usually expressed in the percentage of units of vertical rise or fall per unit of horizontal distance; B. The elevation of the invert at the bottom of a conduit, canal, culvert, sewer, etc.; or C. The finished surface of a canal bed, roadbed, top of an embankment or bottom of excavation. Grade, Existing: The vertical elevation of the ground surface prior to excavation or filling; the surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a development regulated by this Chapter; or, the vertical elevation of a site which is currently developed and built upon. Grade, Ground Level: The average of the finished ground level at the center of all walls of the structure. In case a wall is parallel to and within five (5) feet of a sidewalk, the ground level shall be measured at the sidewalk. Grade, Natural: The existing grade or elevation of the ground surface that exists in its unaltered state. Grade, Percentage of. The rise or fall of a slope in feet and tenths of a foot for each 100 feet of horizontal difference. Grade Separation: The physical development of structures or intersections that separate motor vehicle from motor vehicles; motor vehicles, pedestrians, and bicyclists from trains and other transit; motor vehicles from pedestrians and bicyclists; as well as pedestrians from bicyclists. Grading: The mechanical or physical act of disturbing, moving, removing, transferring or redistributing soil. Gross Leasable Floor Space: The gross horizontal floor area of the one or more floors of a structure, excluding interior parking spaces. Residential floor space shall be exclusive of carport, basement, attic, patios and open porches. Same as Floor Area. Ground Cover: Low growing plants, vines, or grasses that form dense, extensive growth, and have a positive effect against soil erosion and soil moisture loss. Permeable natural landscape materials, such as mulch and rock, are also considered ground cover to the extent they are used in combination with live plant materials. Ground Coverage: The area of a lot occupied by all structures and parking expressed as a percentage of the gross area of the lot. Driveways are not included in the percent coverage but parking pads or areas, porches, decks, patios, pools, tennis courts, sheds, walkways and other accessory uses shall be included. Group Homes for Disabled Persons: A shared residential living arrangement which provides a family -type environment for 6 or more handicapped persons supervised by one or more primary caregivers and has obtained a license to operate under the Personal Care Facilities Licensing Act. Tex. Health & Safety Code X247.001 et.seq. A Group Home for Disabled Persons does not include Community Homes for Disabled Persons. 23 -15 Subchapter 23 ..... ............................... Development Code Group Home: A profit or nonprofit facility, home, or structure for the protective care of persons, both adult and adolescent, who need a watchful environment, but do not have an illness, injury, or disability which requires chronic or convalescent care, including medical and nursing services. Protective care and watchful oversight includes, but is not limited to, a daily awareness by management of the residents' whereabouts, the asking and reminding of residents of their appointments for medical checkups, the ability and readiness of management to intervene if a crisis arises for a resident, and supervision by management in areas of nutrition, medication, and actual provision of transient medical care, with a 24 -hour responsibility for the well-being of residents of the facility. Personal care facilities are exempt from the definition of a family and shall be classified in one of the following ways: A. Individual: One to three clients, plus manager. B. Family: Four to six clients, plus manager. C. Group: Seven to 15 clients, plus manager. D. Congregate: Sixteen or more clients, plus manager. Grubbing: The mechanical or physical act of removing stumps, underbrush, and rocks, prior to clearing and grading. Grubbing does not allow for any grade changes, only vegetation removal down to bare soil. A tree removal permit is required for all trees with a 3" or greater diameter, measured at 4.5 feet above natural grade. Guest Quarters: An attached or detached building that provides living quarters for guests, servants, or a related family member, which is considered an accessory use, and which is clearly subordinate and incidental to the principal residence on the same lot; and is not rented or leased. Habitat: The physical location or type of environment in which an organism or biological population lives or occurs. Handicap: A physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment, but such term does not include current, illegal use of or addition to a controlled substance as defined by Chapter 481 of the Texas Health & Safety Code. Hazardous Materials or Waste: A substance classified as a hazardous material under state or federal law or a chemical, petroleum product, gas, or other substance that if discharged or released, is likely to create an imminent danger to individuals, property or the environment. A hazardous material includes, but is not limited to any one of the following, as defined by 40 C.F.R 173, or, with respect to hazardous waste, listed as a substance subject to 40 C.F.R. 262: Radioactive material; Explosives, Class A; Explosives, Class B; Poison A; Poison B; Flammable gas; Nonflammable gas; Flammable liquid; Oxidizer; Flammable solid; Corrosive material; Combustible liquid; Etiologic agent; other regulated material (OR1V1); or, Hazardous waste. Heavy Manufacturing: Industrial operations for the production of a good using raw materials and mechanical power and machinery. Height: The vertical distance to the highest point of the roof for flat roofs; to the deck -Ene of mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the curb level if the building is not more than 10 feet from the front property line or from the grade in all other cases. Except as otherwise specified, the height of a structure other than a building is the vertical distance from the average grade at the base of the structure to the highest point of the structure. Hertz: Unit of frequency equal to one cycle per second. High School: A public', private or charter school established for grades 9 -12 or 10 -12 z Reference Note — Texas case law generally prohibits enforcement of zoning restrictions upon the location of any school operated by a governmental authority with the powers of eminent domain (e.g. Denton Independent School District.) 23 -16 Subchapter 23 Development Code Home Occupation: An occupation commonly carried on within a dwelling by members of the family occupying the dwelling. The use of the home as an occupation shall be incidental and subordinate to the use of the home as a dwelling. Homeowners Association: A homeowners association is an organization formed for the maintenance and operation of the common areas of the development. The membership in the association must be automatic with the purchase of a dwelling unit or other property in the planned development. The association's principal source of funds shall be an assessment levied against each dwelling unit or other property, which assessment shall be enforceable as a lien against the property. Horticulture: The cultivation of row crops, a garden, or an orchard for noncommercial purposes. Hospice: One main building, or portion, one zoning lot in which terminally ill persons live in order to receive appropriate Medicare - certified hospice services. Hospital: An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical, or surgical care and nursing service on a continuous basis; or a nursing home (see definition). Hotel: A facility offering transient lodging accommodations to the general public at a daily rate for a period of time not to exceed thirty (30) days, and providing additional services, such as restaurants, meeting rooms, and recreational facilities. Guest quarters are accessible through a main entrance and by hallways. Hotel /Motel, Extended Stay: A facility offering transient lodging rooms and /or suites to the general public, including lodging quarters for corporations and businesses, intended to be used, or which are used, rented, or hired out to be occupied or which are occupied for sleeping purposes for guests, may contain up to two bedrooms, contain kitchen facilities for food preparation including, but not limited to, refrigerators, stoves, and ovens, and which may also include living areas, and which are furnished to the public for periods of one week or more. Hydrograph: A graph showing stage, flow, velocity or other property of water versus time at a given point on a stream or conduit. Impact Fee: A fee levied by the City pursuant to Chapter 395 of TX Local Govt. Code, as a total or partial reimbursement for the total or partial cost of providing additional facilities or services needed as a result of new development. Impairment, Physical or Mental: A. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems; neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito- urinary; heroic and lymphatic; skin; and endocrine; or B. Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities. C. The term includes but is not limited to such diseases and conditions as orthopedic, visual, speech dementia, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addition (other than drug addition caused by illegal use of a controlled substance). Impervious: Any hard- surface, man -made area that does not readily absorb or retain water, including but not limited to building slabs, building roofs, swimming pools, parking and driveway areas, sidewalks, paved recreation areas, and other surfaces that do not generally absorb water and are not considered by the City to be pervious surfaces. Impervious Surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Imported fill: The mechanical or physical act of bringing soil in from offsite. When stockpiling imported fill, it shall occur on private property only. 23 -17 Subchapter 23 ..... ............................... Development Code Improvement (Public or Private). Any physical man -made addition which becomes part of, is placed upon, or is affixed to any real property, or any part of such addition, including but not limited to, any building, structure, bridge, work of art, parking facility, public facility, fence, gate, wall, streets and all related appurtenances, utilities, pedestrianways, bikeways, equestrian trails, landscaping or irrigation, whether involving the subdivision of land or not. Indoor Recreation: 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. Industrial, or Industrial Use: An activity related to the manufacture, warehousing, shipping, production or storage of products to be transported elsewhere for retail sale. Infill Development: Development on a vacant parcel or groupings of vacant lots within an existing block surrounded by existing development that is contiguous on at least two sides for corner lots and contiguous on at least three sides for interior lots (existing development located directly in front on the other side of the street may count as a side for interior lots only), no greater than two acres in size, and is served with all or most public services and facilities, including but not limited to water, wastewater and drainage. Infrastructure: The provision of systems that provide transportation, water, waste water, solid waste, storm water drainage, electrical and franchise facilities typically required to service development. Inlet: An opening into a storm drain system for the entrance of surface storm runoff. Inoperative Vehicle: Any motorized vehicle incapable of immediately being driven. Institution: An establishment that: A. Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and B. Provides minor treatment under the direction and supervision of a physician licensed by the Texas State Board of Medical Examiners, or other services that meet some need beyond the basic provision of food, shelter, and laundry; or C. A foster care residential facility that provides room and board to fewer than five persons who: 1. Are not related within the second degree of consanguinity or affinity, as determined under Chapter 573, Government Code, to the proprietor; and 2. Because of their physical or mental limitation, or both, require a level of care and services suitable to their needs that contributes to their health, comfort, and welfare. Institutional Use: A non -profit or quasi -public use, such as a religious institution, library, public or private school or hospital, or government -owned or government - operated structure or land used for public purpose. Installation: In reference to manufactured housing, means the construction of the foundation systems, whether temporary or permanent, and the placement and erection of a HUD -Code Manufactured Home or HUD -Code Manufactured Home components on the foundation system and includes supporting, blocking, leveling, securing, anchoring, and proper connection of multiple or expandable sections or components, and minor adjustments. Intermediate Care Facilities: A convalescent home or other recuperative facility for use by persons subsequent to hospital confinement, who are not yet ready to resume home life. Intermittent Stream: A stream that has flowing water during certain times of the year, when groundwater provides water for stream flow. Intermittent streams may not have flowing water during dry periods. Runoff from rainfall is a supplemental source of water for stream flow. Inverted Crown Section: A street cross section usually reserved for alleys in which the center of the street is lower than the edges so that drainage is carried down the center of the street. 23 -18 Subchapter 23 Development Code Irrigation, Underground: A permanent, artificial watering system designed to transport water and distribute water to plants. Junkyard: A business that stores, buys, or sells materials that have been discarded or sold at a nominal price by a previous owner and that keeps all or part of the materials outdoors until disposing of them. Kennels: Facility for the boarding (overnight) of domestic animals, usually limited to dogs and cats. Breeding and training of dogs and cats and the sale to the public of puppies and kittens is classified as a kennel activity. Land Disturbing Activity: Alteration of the land surface by: A. Any grading, scraping, excavating, dredging, transporting or filling of land; B. Any clearing of vegetation; C. Any construction, rebuilding, or alteration of a building, road, driveway, parking area, or other structure, not including routine maintenance such as painting, repair, or reconstruction of existing structures or surfaces; D. Any substantial activity or use which may result in soil erosion from water or wind and the movement of sediments into waters or lands protected by this Chapter; and, E. It shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, repairs, additions or minor modifications of an existing single family dwelling, and the cutting of firewood for personal use. Land Use Plan: The Land Use Element of The Denton Plan, as may be amended and including The Land Use Plan and Future Zoning Map. Landscape Area: See "Landscaping" Landscaping: A planted area containing trees, shrubs, and groundcovers providing a transition between structures on a site and the property line, adjacent structures, or street rights -of -way. Lane: A driving surface with a width as specified in the street design standards for that class of street. Laundry Facilities: A commercial laundering establishment which cleans clothing, carpeting, drapes, and other cloth or synthetic fiber materials using a chemical process. Such establishments may also include self - service laundering facilities. License: Written license issued by the City Council, permitting a person to operate and maintain a HUD -Code Manufactured Home Park under the provisions of this Chapter. Light Manufacturing: Industrial operations relying on the assembly of products using parts previously developed from raw material and not classified as a point source of objectionable pollutants. Limits of Construction: Delineation on a graphic exhibit, which shows the boundary of the area within which all construction activity will occur. Live -Work Units: Allows 25% of floor area to be used as work space, subject to home occupation limitations. Livestock: Facilities for the raising, breeding, or maintenance of domestic animals including, but not limited to cattle, horses, sheep, swine, goats, and poultry. This definition does not include feed lots or similar uses. Loading Space, Off - street: Space logically and conveniently located for bulk pickups and deliveries, and scaled to delivery vehicles expected to be used. Local Drainage System: Any drainage facility or system, which serves an area having a contributing drainage basin of less than one (1) square mile in area. Lot: A designated parcel, tract or area of land established by a plat or otherwise permitted by law to be used, developed or built upon as a unit. Lot Area: The total horizontal area within the lot lines of a lot, said area to be exclusive of street right -of -way. 23 -19 Subchapter 23 ..... ............................... Development Code Lot Corner: A lot abutting the intersection of two or more streets other than an alley. Lot Coverage: That portion of a lot used for building, parking, vehicular and pedestrian circulation, loading areas, and outside storage areas. Lot Depth: The horizontal distance from the midpoint of the rear of lot line to the midpoint of the front lot line. Lot, Double Frontage: A lot having frontage on two nonintersecting streets, as distinguished from a corner lot. Double frontage lots are prohibited. Lot, Flag: Any lot not having standard legal access to an City street, and which is provided with access by a driveway parallel to the lot line of a lot having standard access. Lot Frontage: That portion of a lot adjacent to a street. Lot Improvement: Any building, structure, work of art or other object or improvements of land on which they are situated, whether immediate or future, which includes but is not limited to streets, alleys, utilities, drainage modifications, and access modifications including curb cuts. Lot improvements include off -site work accomplished for the betterment of removed building lots. Lot, Interior: A lot other than a corner lot or a through lot. Lot Line: A boundary of a lot "Lot line" is synonymous with "property line." Lot Line, Front: The lot line separating the lot from the street other than an alley. In the case of a corner lot, there shall only be one street line considered the front lot line. The front lot line adjoins the public or private rights -of -way where the entrance/ address is located. Lot, Gross Area: An area under public or private property ownership, whose lot lines are described by plat or deed. Lot Line, Rear: A lot line which is opposite and most distant from the front lot line, and in the case of an irregular, triangular, or other shaped lot, a line ten (10) feet in length within the lot parallel to and at a maximum distance from the front lot line. Lot Line, Side: Any lot line not a front or rear lot line. Lot of Record: An individual lot or a lot which is a part of a subdivision, the map of which has been legally recorded in the office of the Denton County Clerk; or a parcel of land the deed of which has been recorded in the office of the Denton County Clerk. Lot, Reversed Corner: A corner lot, the side street line of which is substantially a continuation of the front line of the first lot to its rear. Lot, Through: An interior lot having frontage on two (2) parallel or approximately parallel streets other than alleys. Through lots are prohibited. Lot Width: The horizontal distance between the side lines, measured at right angles to the lot depth at a point midway between the front and rear lines. Major Event Entertainment: A structure or area with a capacity of greater than 1,000 seats for public performances and sporting events. Major event entertainment facilities include concert halls, stadiums, and arenas. Major Life Activity: Includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. Manufacture of Non - Odiferous Foods: Industrial operations for the manufacturing of non- odiferous foods. Manufactured Home: See "Dwelling, Manufactured Home." Manufactured Home Park or Park, HUD -Code : A parcel of land under single entity ownership which has been separately platted for the placement of HUD -Code Manufactured Homes, accessory uses and service facilities, meeting all requirements of this Chapter and any applicable deed restrictions and state laws. f►.TG?Q►O Subchapter 23 Development Code Manufactured Home Subdivision, HUD -Code: A tract of land that is subdivided and platted for individual ownership of HUD -Code manufactured homes. Master Plan: Policies and plans adopted by the City Council as a guide to the systematic physical development of the City. Master Planned Development: A development that comprehensively incorporates a combination of specific site design, site access, architectural, landscaping, buffering, screening and developments design standards. Mechanical Equipment: Equipment or devices installed for a use appurtenant to the primary use. Such equipment shall include heating and air conditioning equipment, solar collectors, parabolic antennas, disc antenna, radio or TV receiving or transmitting antennas, and any power generating devices. The following equipment or devices are exempt: A. Private, noncommercial radio and television antennas not exceeding a height of seventy (70) feet above grade or thirty (30) feet above an existing structure, whichever height is greater. No part of such antenna shall be within the yards required by this Chapter. A structure permit shall be required for any antenna mast, or tower over fifty (50) feet above grade or thirty (30) feet above an existing structure when the same is constructed on the roof of the structure. B. Parabolic antennas under three (3) feet in diameter. Medical Center: A walk -in facility for medical, obstetrical, or surgical care limited to day use only Middle School: A public', private or charter school established for grades 6 -8 or 6 -9. Minimum Structure Separation: A required open space between any two structures on the same lot which are used for nonresidential and multifamily residential purposes. Minor Plat: A subdivision resulting in four (4) or fewer lots, not requiring the creation of any new street or the extension of municipal facilities and not generating an average daily vehicular traffic (ADT) count of one thousand (1,000) or more vehicles. Mixed Use Development is defined as any single development that combines three or more mutually supporting land uses on a single parcel or site or within a general development plan, overlay district or cohesive zoning plan. Land uses may be mixed vertically (within the same physical structure), or horizontally connecting buildings (physical and functional integration of project components, including uninterrupted pedestrian connections) on the same lot and /or under unified control. Multifamily as a single use cannot exceed 40% of the acreage in an NRMU- 12 or NRMU zoning district, 50% of the acreage in an RCR -1 or RCR2 zoning district, or 30% of the acreage in an RCC -D or RCC -N zoning district. Motel: A structure or group of structures on the same lot containing individual guest units for rental to transients, with separate exterior entrances, and consisting of individual sleeping quarters, detached or in connected rows, with or without cooking facilities. Native Vegetation: Vegetation comprised of plant species, other than noxious weeds, that are indigenous to the Denton County and that reasonably could have been expected to naturally occur on the site. Natural Resources: Air, land, water, and indigenous plant and animal life of an area. Neighborhood: A sub area of the City of Denton in which the residents (or non - residential uses) share a common identity focused around a school, park, or community business center that are generally within walking distance of the homes or businesses, architecture, or other features with boundaries that may include highways, railroads or such natural features as rivers. The neighborhood character shall be deemed to be the prevailing character of structures within 300 feet in either direction along street frontages, irrespective of intervening streets. z Reference Note — Texas case law generally prohibits enforcement of zoning restrictions upon the location of any school operated by a governmental authority with the powers of eminent domain (e.g. Denton Independent School District.) 23 -21 Subchapter 23 ..... ............................... Development Code Nonconforming Use or Structure: Any structure or use of land lawful at the time of passage or amendment of this Chapter which does not conform, after the passage or amendment of this Chapter, with the regulations of the district in which it is located. Non - resident Lot: A lot on which there is no dwelling or business established. Nude Model Studio: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nudity or a State of Nudity: A. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts; or B. A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. Nursery School: See "Day Care, Nursery, Kindergarten ". Nursing Home: A home for the aged, chronically ill, or incurable persons who are unable to care for themselves and in which three or more person not of the immediate family are kept or provided with food and shelter of care for compensation; but not including hospitals, clinics, or other similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Occasional Sales: Occasional sales are the sale, or offering for sale, of tangible personal property to the public, upon the premises of an existing residential dwelling, by the owner or lessee of the residential dwelling. Such sales commonly include garage or yard sales. Octave Band: A portion of the audible sound spectrum. An octave band analyzer divides the audible sound spectrum into eight (8) octave bands. Odor Threshold: The concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person. Determination of the odor threshold is prescribed by A.S.T.M.D. 1931 -57, Standard Method for Measuring Odor in Atmosphere. Official Map: A map officially adopted by the governing body of City, Texas. Official Zoning Map: A map officially adopted by the City Council that illustrates the various zoning districts of the City of Denton, Texas. Off -site: Located outside the boundary of a development. One Hundred (100) Year Water Surface Elevation (100 -Yr W.S.E.): The water surface elevation established by hydrologic /hydraulic analysis of a stream, river, creek, or tributary, using the 100 -year fully developed watershed, based upon the 100 -year rainfall event. On -site: Located within the boundary of a development. Open Air Market: See "Farmer's Market." Open Space: Any parcel or area of land or water set aside, dedicated, designated, or reserved for public use or enjoyment of for the private use and enjoyment of owners and occupants of the land adjoining or neighboring such open space. Outdoor Recreation: Outdoor commercial uses which by their nature are recreational such as golf courses, outdoor swimming pools, tennis courts, and basketball courts. Outdoor Resale Business: A business that sells used merchandise, other than automobiles, logging equipment, or other agricultural equipment, and stores or displays the merchandise outdoors. Outside Display: The outdoor display of objects, items, products, or other merchandise for immediate sale, rental or special order. 23 -22 Subchapter 23 Development Code Outside Storage: The storage of objects, items, products or materials outside an enclosed building, and not intended for immediate sale. Overdoor: An ornamental painting, carving, or section of woodwork directly above a doorway. Owner: The owner of a tract of land as recorded in the Denton County Deed Records. An owner may include: a person, firm, corporation, partnership or agent, attorney -in -fact, manager or director, or developer. Such term as used in this Chapter always includes one (1) or more of the persons enumerated in this section who own all or any part of the land which is contemplated to be developed. Pad Site: A plot of land reserved for buildings located along any street frontage, usually a division of a larger development. Pad sites shall accommodate buildings 5,000 square feet of gross floor area or more. Park or Recreation, Public: The real property and improvements thereon owned, operated, or maintained by the City, university, or other public entity, which are designed or used for recreational purposes and are available to the general public. The recreational purposes includes, but is not limited to public swimming pools, golf courses, tennis courts, stadiums, and recreational centers. Park or Recreation, Private: A noncommercial, not for profit facility designed to serve the open space and recreation needs of the residents of a development. Parking Space: A rectangle not less than eighteen (18) feet long and nine (9) feet wide together with access and maneuvering space sufficient to permit a standard automobile to be parked within the rectangle without the necessity of moving other vehicles, said rectangle to be located off of the street right -of -way. Parking, Street; Off - Street, HUD -Code Manufactured Home Park: A parking space located within the boundary of a HUD -Code Manufactured Home space, or in common parking and storage area having unobstructed access to an internal street or access way, and as depicted on the site plan. Parking Tandem: Parking spaces that are arranged one behind another. Each parking space shall meet the dimension requirements of a full-size car on a one -way aisle. Tandem parking is allowed in drive- through lanes. Particulate Matter: Finely divided solid or liquid matter, other than water, which is released into the atmosphere. Paved: A paved surface shall be in accordance with City codes and Chapters relative to approved surfaces or as specified. Peak Particle Velocity: Unit of measurement that identifies, in inches per seconds, how fast the ground moves. Pedestrian Oriented District: All property within a Neighborhood Residential zoning district or Central Business District. Pedestrian Path: A graded, cleared way for individuals who travel on foot. When located along any improved street or parking area, these paths shall be adjacent to the curb at curb level. Pedestrian Way: A right -of -way for pedestrian traffic. Perennial Stream: A stream with flowing water year -round during a typical year. The water table is located above the stream bed for most of the year. Ground water is the primary source of water from stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Permitted Use: That use of a lot which is among the uses allowed as a matter of right, and subject to the restrictions of the zoning district. Person: An individual, firm, partnership, proprietorship, association, corporation, estate, receiver, syndicate, branch of government, social or fraternal organization, or any other group or combination acting as a legal entity, and including any trustee, assignee, or other representative. Pilot Channel: A concrete channel section used to convey normal low flows, fix the location of the flow line of a channel, minimize erosion and provide access for maintenance. Planning Staff. The staff of the City of Denton Planning and Development Department. 23 -23 Subchapter 23 ..... ............................... Development Code Planning and Zoning Commission /Commission: The City of Denton Planning and Zoning Commission, referred to as "Commission." Planting Area: An outdoor area, the surface of which shall not be covered by impervious surface materials or structures, and devoted entirely to the planting or maintenance or plant materials, except as otherwise allowed by this Chapter, such as walls, fences, plazas, landscape architectural features such as gazebos, pergolas, arbors, fountains, or sculpture. Landscape architectural features shall not include tennis courts, basketball courts or other pervious recreational facilities. Plants, Plant Material: Live plant material, including grasses, annuals, perennials, bulbs, groundcover, shrubs, and trees, are botanical plants that are nourished through the processes of air, water, and soil nutrients. Plastic, fibrous, silk, or other non -live materials, are not considered live plant materials. Plat or Final Plat: A map of a subdivision, addition or development to be recorded in the County Clerk Plat Records after approval by the Planning and Zoning Commission or the Development Review Committee. Pole Mounted Antenna: Any antenna which is preassembled off -site and designed to be moved from site to site. Preliminary Plat: A map showing the salient features of a proposed development as required by this Chapter submitted for the purpose of preliminary consideration prior to the submission of a Final Plat. Printing /Publishing: An establishment where printed material is produced, reproduced and /or copied by either a printing press, photographic reproduction techniques, or other similar techniques. This use does not include copy shops. Private Access Drive: A drive serving as the exclusive access for not more than two landlocked parcels of land, which is not owned or maintained by City. Private easements cannot be used to meet the right -of -way requirement. Private Club: A group of people associated with or formally organized for a common purpose, interest or pleasure, including organizations with facilities for the storage, sale, possession, or serving of any alcoholic beverage permitted by the law of the State of Texas and where none of such facilities are available except to a member or their guests. Private Street: A street which serves several lots over which the general public has no right of use as opposed to a driveway which is meant to serve one lot. Private Utility Provider: The owner of a wire network (i.e.. cable, electric, or telephone company) utilized in connecting the various cell sites to telephone switching offices, long distance providers or the public switched telephone network. Private Way: A private easement or ownership established by deed for vehicular access to property. Professional Services and Offices: Offices used for the conduct of business - related activities, excluding the sale of merchandise or storing of merchandise on the premises. Project. • A specific development on an identifiable parcel of land Project improvements. Site improvements and facilities that are planned and designed to provide for a particular development project and that are necessary for the use and convenience of the occupants or users of the project Project site. That portion of any lot, parcel, tract, or combination thereof that encompasses all phases of the total project proposal Protective Fencing: Temporary chain link fence, wire fence, orange vinyl construction fence, snow fencing or other similar fencing with a minimum four -foot (4') height. Public Improvement: Any street, alley, utility, drainage facility or other facility or improvement of land designed and intended to be dedicated, conveyed, or owned by the public. Public Street: A street which is owned or maintained by City. Public Utilities: For the purposes of tree preservation provisions of the Denton Development Code, the term Public Utilities means: 23 -24 Subchapter 23 Development Code i. entities franchised by the City to use public rights -of -way for the conduct of their business; ii. entities that are "public utilities" under pertinent provisions of the Texas Utilities Code or Texas Water Code but are specifically exempted by state law from the requirement that they receive a franchise from the City for the use of public rights -of -way; iii. public sanitary sewers; iv. public water mains; v. public streets; vi. public storm sewers; vii. public detention ponds; viii. municipally -owned electric utilities; and ix. any contractor hired by these entities. Qualified Professional: For the purposes of tree preservation provisions of the Denton Development Code, a qualified professional is a person with a minimum of a Bachelor of Science Degree in any of the following disciplines: Forestry, Horticulture, Botany and /or Plant / Soil Science or, an Arborist that has been certified by the International Society for Arboriculture, a Texas Certified Nursery Professional, a Texas Master Certified Nursery Professional certified by the Texas Nursery and Landscape Association or a Licensed Landscape Architect. Quick Vehicle Servicing: A business providing service to the motoring public. Such uses can include gasoline sales, light repair, tune -ups, oil changes, transmission or drive train repairs to automobiles or light trucks. No outside storage of any automobiles or materials such as tires, auto parts, etc., is allowable. The sale of motor vehicles shall be prohibited. Rear Yard: See "Yard, Rear." Recreational Vehicle: A motorized vehicle, designed or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively, having no foundation other than wheels or jacks. Recreational Vehicle Park: A parcel of land which is used solely for the rental or lease of lots for transient campers, trailers, motor homes, or temporary parking of any other recreational vehicle that is not a mobile home or HUD -code manufactured home. Recycling Business: A business that is primarily engaged in: A. Converting ferrous or nonferrous metals or other materials into raw material products having prepared grades and having an existing or potential economic value; B. Using raw material products of that kind in the production of new products; or C. Obtaining or storing ferrous or nonferrous metals or other materials for a purpose described by Paragraph A or B. Replat: A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use or any lot line or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. Residential District: A one - family, two- family, or multi- family zoning district, or any area within a planned development zoning district which is designated for residential use, as shown on the approved site plan for the district. Residential Use: A one - family, two- family, or multi- family dwelling, trailer camp, mobile home, or HUD -code manufactured home park or development. Restaurant: A structure that prepares and serves food to customers, including sit down, fast food, drive- through, and drive -in facilities. 23 -25 Subchapter 23 ..... ............................... Development Code Restaurant, Brewpub: A Restaurant use that also manufactures alcoholic beverages as an accessory use, primarily for onsite consumption and /or retail sales. Retail Sales and Service: A business established for the sale of goods or services to consumers, usually in small quantities (as opposed to wholesale) and does not include wholesale goods or services. Right -of -way: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another Specific Use. The usage of the term "right -of -way' for land platting purposes means that every right -of -way established and as shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right -of -way and not included within the dimensions or areas of such lots or parcels. Right -of -way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right -of -way is established. Riparian: An area adjacent to a river, stream or other natural course of water. Riparian Buffers: Areas identified as 100 feet from the stream centerline for streams draining a basin of greater than one square mile, and 50 feet from any streams that drain areas of one square mile or less. It also includes any areas identified as riparian through any Army Corps of Engineers Section 404 Permit Process. Root Pruning: Shall mean to cut away, remove, cut off or cut back all or parts of the root. All root pruning shall be in accordance with approved methods set forth in the National Arborist Association Standards. Sales of Products Grown On -site: Roadside stands or other temporary structures constructed for the sale of agricultural or horticultural products raised substantially on the premises. Salvage Yard: Any lot or parcel of land on which wastes or used secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials include but are not limited to: scrap iron and other ferrous metals, paper; rags, rubber tires, bottles, discarded goods, machinery, or two or more inoperable motor vehicles. Sanitary Landfills: A system of trash and garbage disposal in which the waste is buried between layers of earth. Satellite Earth Stations: Are considered to be accessory structures and are defined as a combination of: A. An antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; B. A low -noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; C. A coaxial cable whose purpose is to carry the signals into the interior of the structure; and, D. The station must be located to the side or rear of the structure unless a usable satellite signal cannot be obtained; in which case, the property owner may request a variance from the requirement through the board of adjustments. Ground - mounted stations shall be no more than ten feet above the maximum height requirement of the district in which they are located. Scrap Metal Processor: One who, from a fixed location, utilizes machinery and equipment for processing and manufacturing iron, steel or nonferrous metallic scrap into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap for sale for remelting purposes. Screening: A method of visually shielding or obscuring land -uses or structures via fencing, opaque buffer, or some other opaque physical barrier. Section 404 Permit: A permit required under federal Clean Water Act provisions. Self- Service Storage: A structure or portion used for dead storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals. Semi -Nude: A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices. 23 -26 Subchapter 23 Development Code Semi - Public Halls, Club or Lodge: A structure or facility owned or operated for special educational or recreational purposes, but not primarily for profit or to render a service that is customarily carried on for gain. Setback: The minimum distance between by which any building or structure must be separated from a street right - of -way or lot line. Sewer Connection, Manufactured Home: Connection consisting of pipes, fittings and appurtenances from the drain outlet of a HUD -Code Manufactured Home to the inlet of the corresponding sewer service riser pipe of the sewage system serving the HUD -Code Manufactured Home Park. Sewer Service Riser Pipe, Manufactured Home: That portion of sewer service which extends vertically to the ground elevation and terminates at a HUD -Code Manufactured Home space. Sexually Oriented Business: An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, or nude model studio. Shared Drive: A common driveway or access shared by adjoining properties. Shopping Center: A group of commercial establishments planned, developed, and managed as a unit, related in location, size and type of shops to the trade area that the unit serves, and providing on -site parking. Side Yard: See "Yard, Side." Site Plan Review: The comprehensive evaluation of a development and its impact on neighboring properties and the community as a whole, from the standpoint of: land use, site design, landscape design, environmentally sensitive areas protection, architecture, lighting, signs, clearing and grading, engineering design, health and safety, other adopted standards and criteria of this Chapter, all other adopted codes and ordinances of the City. Smoke: The visible discharge of particulate matter from a chimney, vent, exhaust or combustion process. Sorority: A local or national organization organized for the purpose of sharing social, cultural, scholarly, or religious interests, where involvement requires regular meetings and formal written membership requirements. Special Circumstances: With regard to utility extensions, only those areas where water or sewer is deemed necessary and the application of any general rule for extension shall cause a burden and cost considerably greater than what would be normally incurred due to the particular topography or unusual shape of the particular lot or tract involved. Special Events: A temporary outdoor use on private property that extends beyond the normal uses and standards allowed by the Denton Development Code. "Special events" include, but are not limited to, outdoor entertainment, educational and cultural events, art shows, sidewalk sales, haunted houses, carnivals, fairs, special auto sales, grand openings, festivals, home exhibitions, and church bazaars. Specific Use Permit: A use which is not automatically permitted by right, but which may be permitted within a zoning district subject to meeting specific conditions contained in this Chapter. Specified Anatomical Areas: Human genitals in a state of sexual arousal. Specified Sexual Activities: Includes any of the following: A. The fondling or other erotic touching of the human genitals, pubic region, buttocks, anus, or female breasts; B. Sex acts, normal or perverted, actual or stimulated, including intercourse, oral copulation, or sodomy; C. Excretory functions as part of or in connection with any of the activities set forth in A through B above. Spread Limits: The width of pavement covered by water flowing from a certain frequency (i.e.; one - hundred -year flood). 23 -27 Subchapter 23 ..... ............................... Development Code Standards Report: Consists of a narrative report, existing conditions map and background information describing the characteristics, components and timing of the proposed MPC District by development unit(s). The Standards Report includes a development unit matrix describing density, projected employment, intended FAR's, zoning districts and applicable development standards. The Standards Report also includes a matrix describing how the developer proposes to comply with the site design standards contained in Subchapter 13 of the Denton Development Code. It will describe for example, where the developer proposes to comply with the requirements to park behind or beside buildings and to identify alternatives where an alternative is proposed. Stockpiling: The holding on land of material or products such as, any soil, sand, gravel, clay, mud, debris, vegetation or any other material, organic or inorganic, in a concentrated state. Story: That portion of a structure included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between the floor and the ceiling above it; provided, that a room, suite, or story with more than one -half of its height below grade shall not be considered a story for the purposes of height regulations. Street: A public right -of -way for roadway, sidewalk, and utility installation including the terms "road ", "highway ", "land ", "place ", "avenue" "alley', or other similar designations. The entire width between the right -of -way lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic. Street Crown: The highest point of a street cross section, normally located at the centerline of the street. Stream Channelization: Manipulation of a stream channel to increase the rate of water flow through the stream channel. Manipulation may include deepening, widening, straightening, armoring, or other activities that change the stream cross - section, or other aspects of stream channel geometry, to increase the rate of water flow through the stream channel. A channelized stream remains a "waters of the U.S.," despite the modifications to increase the rate of water flow. Street, Cul -de -sac: A short dead -end street terminated by a vehicle turnaround. Street, Half. A portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street is provided in another subdivision. Street, Marginal Access: A minor street parallel and adjacent to a major arterial street providing access to abutting properties but protected from through traffic. Structure: An edifice of any kind or any piece of work artificially built up or composed of parts joined together which requires location on, in, or above the ground or which is attached to something having a location on, in or above the ground. Flatwork or in- ground swimming pools are excluded. Structure, Accessory: Any structure on the same lot with, and is incidental and subordinate to the principal structure. Flatwork, in- ground swimming pools and fences or walls used as fences are excluded. Structure, Height of. The vertical distance measured from the average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the gable(s) of a pitch or hip roof. Any height limitation of this Chapter shall not apply to church spires, belfries, cupolas and domes not intended for human habitation, monuments, water towers, silos, chimneys, flag poles, except as may be limited in the "A" Airport overlay zone. Structure Line: A line on a plat indicating the limit beyond which structures or structures may not be erected. Similar to Building Envelope. Structure, Principle: The structure in which the primary permitted use of the lot on which the structure is located and conducted. Structural Alteration: A change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams or girders, or the roof. Studio Apartment: See Dwelling Unit, Efficiency Subdivision: The division or redivision of land into two (2) or more lots, tracts, sites or parcels 23 -28 Subchapter 23 Development Code Tailwater: The water surface elevation directly downstream of a drainage facility. Temporary Storage Containers and Other Portable Storage Units: Temporary storage containers and other portable storage units used for the storage of items on a property (excluding use for storing equipment during multi- family dwelling and non - residential alterations and construction projects). Temporary Structure: A structure without any foundation or footings which is attached to the ground or other structure in some nonpermanent fashion. Temporary structures shall require a permit from the building inspection department and shall be removed from the site when the designated time period, activity, or use for which the temporary structure was established has ceased, but not exceeding six months in duration unless an extension is obtained from the building inspection department upon just cause. Temporary uses: Temporary uses are defined as those activities permitted and described in Section 35.12.9. Theaters: A structure or area for the presentation of plays, motion pictures, concerts, etc. Thoroughfare Plan: The thoroughfare component of the Mobility Plan, the official map depicting the City's existing and future street system and roadway network, together with explanatory text. Time of Concentration; The estimated time (in minutes) required for stormwater runoff to flow from the most hydraulically remote section of the drainage area to a specific design point. TNRCC: The Texas Natural Resources Conservation Commission. Topography: The physical land surface relief describing the terrain elevation, position of land features and slope. Topography includes land forms, water and other drainage features, and features such as gravel pits. A single feature such as a hillside or valley is called a topographic feature. Townhouse: See "Dwelling, Single - Family Attached." Toxic and Noxious Matter: Any solid, liquid or gaseous matter which is present in sufficient quantities to endanger health, safety and comfort of persons in the vicinity or which may cause injury or damage to property. Traffic Impact Analysis: A study performed by a registered traffic engineer analyzing the impacts of the expected traffic generated by a development on the existing an proposed road system including recommendations for mitigating such traffic. Trailer: A non - motorized vehicle, pulled by an automobile or truck designed or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively. Transfer Station: A temporary storage facility for the consolidation and eventual transfer of solid waste to a landfill. Tree, Healthy: A healthy tree is a tree that is vigorously growing and is free of structural problems such as hollows or voids, free of disease, or insect problems and has a root system that is large enough to support its above ground mass. Tree Protection, Permanent: Structural measures, such as retaining walls /wells or aeration devices, that are designed to protect the tree and its root systems throughout its lifetime. Tree Protection Sign: A sign furnished by the City upon approval of a tree survey or tree permit that describes prohibited conduct detrimental to trees. Tree Removal: An act that causes or may be reasonably expected to cause a tree to die including uprooting, severing the main trunk, damaging the root system and excessive pruning. Tree Protection, Temporary: Physical barriers installed prior to any clearing and grading activity and construction for the purpose of preventing damage to existing trees and understory vegetation and set outside of the root zone of such vegetation for the life of the developments construction. Tree Stand: Contiguous trees whose canopies are generally clustered together. 23 -29 Subchapter 23 ..... ............................... Development Code Tree Topping: The severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree that removal of the top canopy disfigures and invites probable disease or death to the tree. Tree topping is prohibited. TSC: The Traffic Safety Commission. Ultimate Developed Condition: A fully developed area based on current approved land use plans or "C" factor of 0.6 for remaining undeveloped land in a watershed. Unbuildable Area: All areas outside of building envelopes and within open space. Underbrush: Underbrush may include plant specie with stems of less than 1 inch DBH that are noxious, non- native, or invasive weeds or specie that are categorized as perennials, vines, shrubs, or that bear thorns or are briars, or that are poisonous through contact with the skin, or any plant on the non - protected plant specie list. Understory: A grouping of native, noninvasive low -level woody, herbaceous, or ground covers species with stems less than 1 inch dbh. Undeveloped Floodplains: Areas within the FEMA 100 -year floodplain, or other floodplain that is undeveloped and in its natural state. Upland Habitat: Areas, a minimum of ten acres is size, that contain remnants of the eastern Cross Timbers Habitat. U.S. Army Corps: United States Army Corps of Engineers. Use: The purpose or purposes for which land or a structure is designed, arranged, or intended, or to which such land or structure is occupied, maintained, or leased. Vegetation: All plant life; however, for the purposes of this Chapter shall be restricted to mean trees, shrubs, ground cover, annuals, perennials, bulbs, grasses, vines, and aquatic plants, with the exception of State and Federally protected and endangered vegetative specie which in all cases shall be preserved. Veterinary Clinic: Facility for the temporary boarding and treatment of domestic animals, operated under the supervision of a licensed veterinarian. Vehicle Repair: A business providing vehicle repair and or bodywork to the motoring public. Vibration: A periodic displacement of the earth measured in inches. Vision Clearance Area: A triangular area on a lot at the intersection of two (2) streets or a street and a railroad, two (2) sides of which are lot lines measured from the corner intersection of the lot lines for a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines or intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. Warehouse, Retail: A Distribution Center /Warehouse exceeding 25,000 square feet of gross floor area, and devoting up to thirty percent (30 %) of the gross floor area for display and retail sale or merchandise. Water Related Habitats: Areas designated for wetland, tree and understory preservation and including significant stands of predominately native water related habitat These areas include wetlands. Waterbody: Area that in a normal year has water flowing or standing above ground to the extent that evidence of an ordinary high water mark is established. Wetlands contiguous to the waterbody are considered part of the waterbody. Watershed: The land area(s) that contribute surface runoff or drainage to a water system or body. Wetlands: Jurisdictional wetlands as defined by the Federal Clean Water Act and the standards and guidelines in use by the United States Army Corps of Engineer, including the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. Those areas that are inundated or saturated by surface or ground water (hydrology) at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of 23 -30 Subchapter 23 Development Code vegetation, and are (hydrophytes) typically adapted for life in saturated soil conditions (hydric soils). Wetlands generally include swamps, marshes, bogs, and similar areas. Wholesale Nurseries: An area where plants are grown for transplanting, for use as stocks for budding and grafting, or for sale in large quantities for resale purposes. The business may have up to 50% retail sales in conjunction with the wholesale sales. Wholesale Sales: A business engaged in the sale of commodities in large quantities for resale purposes. Window: An opening in the wall of a building or structure for admitting light and fitted with a frame containing panes of glass. Window, False: A device in the wall of a building or structure fitted with a frame containing panes of glass so as to resemble a window, but not admitting light. Wrecker Services and Impound Lots: A business that provides wrecker or towing service to vehicles that are stored at a state licensed vehicle storage facility. A licensed vehicle storage facility is a garage, parking lot, or other facility owned or operated by a person other than a governmental entity for storing or parking 10 or more vehicles per year. Yard: A required open space located on the same lot as the principal structure, unoccupied and unobstructed except for accessory uses and landscaping. Yard, Front: A yard extended across the full width of and situated between the front lot line and the principal structure extending to the side lot lines. In the case of a corner lot, the front yard adjoins the public or private rights -of -way where the entrance/ address is located. Yard, Rear: A yard extended across the full width of and situated between the rear lot line and the principal structure extending to the side lot lines. In the case of a corner lot, the rear yard shall not extend past the corner side yard. Yard, Side: A yard extended across the full width of and situated between the side lot line and the principal structure extending from the front yard to the rear yard. In the case of a corner lot, the corner side yard shall extend from the front yard to the rear lot line. 23 -31 Subchapter 23 ..... ............................... Development Code v C a 0 a ro v, b INTERIOR LOT Rear Lot Line Accessory Structure (Garage) Re at Yard Principle Structure CORNER LOT Accessory y Structure (Garage) a 0 b Rear Yard -- ----- ------- � ca v v b �a ------- ------- Principle Structure Front Yard I Front Yard Front Lot Line Front Lot Line Street r~ v u� �n Zero lot line dwellings: Zero lot line dwellings are detached single - family dwellings that have a side yard setback of zero feet on one side. (Amended Ord. No. 2004 -009, 01/06/2004) (Amended Ord. No. 2004-332,10/19/2004) (Amended Ord. No. 2005-100,03/22/2005) (Amended Ord. No. 2005-224,08/16/2005) (Amended Ord. No. 2005-244,09/06/2005) (Amended Ord. No. 2006 -201, 07/18/2006) (Amended Ord. No. 2006 -221, 08/01/2006) (Amended Ord. No. 2006-303,10/17/2006) (Amended Ord. No. 2006-349,12/12/2006) (Amended Ord. No. 2007 -095, 05/01/2007) (Amended Ord. No. 2007 -096, 05/01/2007) (Amended Ord. No. 2007-249,10/16/2007) (Amended Ord. No. 2008 -158, 07/15/2008) (Amended Ord. No. 2008-318,12/09/2008) (Amended Ord. No. 2008-320,12/09/2008) (Amended Ord. No. 2009 -082, 04/07/2009) (Amended Ord. No. 2009 -083, 04/07/2009) (Amended Ord. No. 2009 -101, 04/21/2009) (Amended Ord. No. 2009-115,05/05/2009) (Amended Ord. No. 2009-116,05/05/2009) (Amended Ord. No. 2010 -181, 07/21/2010) (Amended Ord. No. 2011 -089, 05/17/2011) (Amended Ord. No. 2011 -125, 08/02/2011) (Amended Ord. No. 2012-155,07/17/2012) 23 -32 (Amended Ord. No. 2013 -197, 08/06/2013) (Amended Ord. No. 2015 -010, 01/6/2015) Subchapter 23 Development Code 23 -33 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -569, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM/ ACM: Bryan Langley, Assistant City Manager Date: July 21, 2015 SUBJECT Receive a report, hold a discussion, and provide staff direction regarding promotion and advertising functions currently being performed by the Convention and Visitors Bureau (CVB). BACKGROUND Historically, Denton has contracted with the Convention and Visitors Bureau (CVB) since the mid -1970s to perform the promotion and advertising functions for the City. Per contract, the CVB is now tasked with the following: Visitor Center operations. • Advertising targeted to reach audiences outside of the Denton city limits. • Promotional programs to attract tourism. The City most recently entered into a contract with the CVB in 2014 (see Exhibit 1), and this contract was amended in June 2015 (see Exhibit 2) to provide funding for a new Welcome and Visitor Center on the downtown square. As a result of this contract amendment, the Hotel Occupancy Tax (HOT) Committee has proposed to provide approximately $1.1 in funding to the CVB in FY 2015 -16 (see Exhibit 3). Due to the increasing amount of this contract, the HOT Committee recently requested that staff conduct a work session with City Council concerning CVB functions. Additionally, the Committee requested a discussion on potential advantages and disadvantages of contracting with a CVB versus performing the functions in- house. The purpose of this item, therefore, is to provide this information and seek direction on how to proceed. Staff surveyed area cities to determine how they performed similar operations, and this survey is attached for your review as Exhibit 4. The attached PowerPoint presentation (Exhibit 5) will be used to facilitate a discussion of these issues and determine direction. F,XHIRITS 1 - FY 2014 -15 Original CVB Contract 2 - FY 2014 -15 Amended CVB Contract 3 - FY 2015 -16 Proposed Tourist and Convention Fund Budget 4 - Survey of Area Cities City of Denton Page 1 of 2 Printed on 7/16/2015 File #: ID 15 -569, Version: 1 5 - PowerPoint Presentation Respectfully submitted: Bryan Langley Assistant City Manager City of Denton Page 2 of 2 Printed on 7/16/2015 AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE (CONVENTION & VISITORS BUREAU) (PY 2015) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY"), and the Denton Chamber of Commerce (Convention & Visitors Bureau), a non-profit corporation incorporated under the laws of the State of Texas (the "BUREAU"): WHEREAS, TEx. TAx CODE §351.002 authorizes CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (70/o); and WHEREAS, TEx. TAx CODE §351.101(a) authorizes CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, BUREAU is well equipped to perform those activities through its Denton Convention and Visitor's Bureau; and WHEREAS, TEx. TAx CODE §351.101(c) authorizes CITY to delegate by contract with BUREAU, as an independent entity, the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, CITY and BUREAU agree and contract as follows: 1.1 Consideration. For and in consideration of the activities to be performed by BUREAU under this Agreement, CITY agrees to pay to BUREAU a portion of the hotel tax revenue collected by CITY at the rates and in the manner specified herein (such payments by CITY to BUREAU sometimes herein referred to as the "agreed payments" or "hotel tax funds"). 1.2 Amount of Payments. (a) As used in this Agreement, the following terms shall have the following specific meanings: (i) The term "hotel tax revenue" shall mean the gross monies collected and received by CITY as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to Texas Tax Code §351.002 and City Ordinance. Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. CVB PY2015 HOT Fund Contract -- Page 1 00 The term "Collection period" will mean the collection period for CITY's fiscal year. It will include hotel tax revenue due to CITY for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year. (iii) The term "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by CITY during any relevant period of time (i.e., fiscal year or fiscal quarter), less: (1) attorney and auditing costs incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers (attorney and auditing costs include fees paid to attorneys or agents not in the regular employ of CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers); and (2) court costs and other expenses incurred in litigation against or auditing of such taxpayers. (iv) The term "contract quarter" shall refer to any quarter of the calendar year in which this Agreement is in force. Contract quarters will end on March 31st, June 30th September 30t`, and December 31" of each contract year. (b) In return for satisfactory performance of the activities set forth in this Agreement and all attachments hereto, CITY shall pay to BUREAU an amount of money in each contract year equal to the lesser amount of Forty Five and Forty-Four Hundredths percent (45.44%) of the annual base payment amount, or the fixed contract amount of Eight Hundred Twenty-Two Thousand Two Hundred Fifty-Five Dollars ($822,255). This amount will be divided into quarterly payments equal to 25% of the annual fixed contract amount, unless CITY can show with reasonable certainty that the annual base payment amount will be less than originally estimated for the fiscal year. The fourth quarterly payment will represent 25% of the fixed contract amount or the unpaid remainder of 45.44% of the base payment amount, whichever is less. If CITY's Chief Financial Officer determines that hotel tax receipts by the CITY are not meeting the anticipated budget projection, CITY may reduce BUREAU's current budget at any time during the contract period. Each quarterly payment is subject to refund of any unused or improperly expended funds from the prior contract period, and CITY's timely receipt of the required quarterly reports. 1.3 Dates of Payments. (a) The term "quarterly payments" shall mean payments by CITY to BUREAU of those amounts specified in 11.2, above, as determined by the hotel tax revenue collected. Ih (b) Each quarterly payment shall be paid upon receipt of the required reports and after the 2 5 day following the last day of the contract quarter. If any quarterly financial report is not received within thirty (30) days of the end of the applicable contract quarter, the recipient may be held in breach of this Agreement. CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved, which approval shall not be unreasonably withheld. 1.4 Other limitations regarding consideration. (a) The funding of this project in no way commits CITY to future fielding of this program beyond the current contract period. Any future funding is solely the responsibility of BUREAU. CVB PY2015 HOT Fund Contract -- Page 2 (b) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of CITY. (c) CITY may withhold further allocations if CITY determines that BUREAU's expenditures deviate materially from their approved budget. H. USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in consideration of the payment by CITY to BUREAU of the agreed payments of hotel tax funds specified above, BUREAU agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity as authorized by TEX. TAX CODE §351.101(a). Funds for any calendar year which are unused by midnight December 31" of that year shall be refunded to CITY within sixty (60) days. Advertising materials purchased with the hotel occupancy tax funds must be targeted to reach audiences outside the Denton city limits. These materials include, but are not limited to, signs, posters, postcards, newsletters and print advertising. 2.2 Administrative Costs. The hotel tax funds received from CITY by BUREAU may be spent for day-to-day operations, office supplies, salaries, travel expenses and other administrative costs allowed by nx. TAX CODE §351.101(e), but only if specified in BUREAU's budget (Exhibit "A") and each are directly attributable to work on programs, which promote tourism and the hotel and convention industry, and if each promotes at least one of the six statutory purposes enumerated within TEX. TAX CODE §351.101(a). 2.3 Specific Restrictions on Use of Funds. (a) BUREAU agrees to demonstrate strict compliance with the record keeping and apportionment limitations imposed by TEX. TAX CODE §351.101(f) and §351.108 (c) and (d). BUREAU shall not utilize hotel tax funds for any expenditure which has not been specifically documented to satisfy the purposes set forth in' T2.1 and 2.2 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of local tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. IM401 DIM iq� ,4 M a] 3.1 Budget. (a) BUREAU shall adhere to the budget (Exhibit "A") as approved by the City Council for each calendar year, for all operations of BUREAU funded by hotel tax revenue. In other words, CITY should be able to audit specifically the purpose of each individual expenditure of hotel tax funds from the separate account relating to hotel tax funds. CITY shall not pay to BUREAU any hotel tax revenues as set forth in Section I of this contract during any program year of this CVB PY2015 HOT Fund Contract -- Page 3 Agreement unless a budget for such respective program year has been approved in writing by the Denton City Council, authorizing the expenditure of funds. (b) BUREAU acknowledges that approval of the budget (Exhibit "A) by the Denton City Council creates a fiduciary duty in BUREAU with respect to the hotel tax funds paid by CITY to BUREAU under this Agreement. BUREAU shall expend hotel tax funds only in the manner and for the purposes specified in this Agreement, TEx. TAx CODE §351.101(a), and in the budget as approved by CITY. (c) Upon the application or consent of BUREAU, the City Manager or his designate may authorize minor amendments to the approved budget as necessary to carry out the intent of this Agreement, in a manner consistent with efficient use of public funds, and in accordance with State law. Such minor amendments may not increase the overall funding set forth in $1.2(b), extend the term, or otherwise alter the performance obligations of BUREAU, without approval of the City Council by ordinance. 3.2 Separate Accounts. BUREAU shall maintain any hotel tax funds paid to BUREAU by CITY in a separate checking account or with segregated fund accounting, such that any reasonable person can review the revenue source of any given expenditure. 3.3 Financial Records. BUREAU shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by BUREAU. These funds shall be classified as restricted funds for audited financial purposes, and may not be used for contracted services, including, but not limited to, auditing fees and attorney fees. Upon reasonable advance written request of the Denton City Council, the City Manager or designate, or any other person, BUREAU shall make such financial records available for inspection and review by the party making the request. BUREAU understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Public Information Act, TEx GOVT CODE, ch. 552, as hereafter amended. 3.4 Quarterly Reports. After initial receipt of the hotel tax funds, and within thirty (30) days after the end of every contract quarter, BUREAU shall furnish to CITY: (1) a completed financial report, (2) a list of the expenditures made or copies of the invoice or receipts with regard to hotel tax funds pursuant to TEX. TAx CODE §351.101(c), and (3) a copy of all financial records (e.g., copies of front and back cleared checks or bank statements, and other relevant documentation). BUREAU shall prepare and deliver all reports in a form and manner approved by the City Manager or designate. BUREAU shall respond promptly to any request from the City Manager of CITY, or designate, for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. BUREAU shall give the City Manager of CITY, or his designate, reasonable advance written notice of the time and place of all meetings of BUREAU's Board of Directors, as well as any other meeting of any constituency of BUREAU at which this Agreement or any matter subject to this Agreement shall be considered. CVB PY2015 HOT Fund Contract -- Page 4 4.1 Term. The term of this Agreement shall commence on January 1, 2015 and terminate at midnight on January 31, 2016. However, the program period shall commence on January 1, 2015 and terminate at midnight on December 31, 2015. Only those expenditures authorized by Chapter 351 of the Texas Tax Code and the program guidelines, which are actually incurred during the program period, for events and. activities taking place within the program period, are eligible for funding under this agreement, and any ineligible expenditures or unspent funds shall be forfeited to CITY upon termination of the Agreement. 4.2 Termination Without Cause. (a) This Agreement may be terminated by either party, with or without cause, bygiving the other party sixty (60) days advance written notice. (b) In the event this contract is terminated by either party pursuant to 14.2(a), CITY agrees to reimburse BUREAU for any contractual obligations of BUREAU undertaken by BUREAU in satisfactory performance of those activities specified in T 2.1 and 2.2 above and that were approved by the Council through the budget, as noted in T3.1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in IM2.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of CITY to reimburse BUREAU or to assume the performance of any contractual obligations of BUREAU for or under any contract entered into by BUREAU as contemplated herein shall not exceed 66 2/3% of the current quarterly payment. (c) Further, upon termination pursuant to T4.2(a), BUREAU will provide CITY: 1) within ten (10) business days from the termination notification, a short-term budget of probable expenditures for the remaining sixty (60) day period between termination notification and contract termination. This budget will be presented to Council for approval within ten (10) business days after receipt by CITY. If formal approval is not given within ten (10) business days and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) within thirty (30) days, a full accounting of all expenditures not previously audited by CITY; 3) within five (5) business days of a request from CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a final accounting of all expenditures and tax funds on the day of termination. BUREAU will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by BUREAU after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 112.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 4.3 Automatic Termination. This Agreement shall automatically terminate upon the occurrence of any of the following events: CV13 PY2015 140T Fund Contract -- Page 5 (a) The termination of the legal existence of BUREAU; (b) The insolvency of BUREAU, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by BUREAU for the benefit of creditors; (c) The continuation of a breach of any of the terms or conditions of this Agreement by either CITY or BUREAU for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (d) The failure of BUREAU to submit a financial quarterly report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term, or quarterly as required by T1.3 hereof. 4.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 4 1 .5 In the event that this Agreement is terminated pursuant to 114.3 or 4.4, BUREAU agrees to refund any and all unused funds, or funds determined by CITY to have been used improperly, within thirty (30) days after termination of this Agreement. V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit nor be construed to prohibit, the agreement by BUREAU with another private entity, person, or organization for the performance of those services described in 12.1 above. In the event that BUREAU enters into any arrangement, contractual or otherwise, with such other entity, person or organization, BUREAU shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEX. TAX CODE ch. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5.2 Independent Contractor. BUREAU shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of CITY. BUREAU shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and BUREAU shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. BUREAU shall not be considered a partner or joint venturer with CITY, nor shall BUREAU be considered nor in any manner hold itself out as an agent or official representative of CITY. 5.3 Indemnification. BUREAU AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY CVB PY2015 HOT Fund Contract -- Page 6 OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY BUREAU OF THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF BUREAU, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES. 5.4 Assignment BUREAU shall not assign this Agreement without first obtaining the written consent of CITY. 5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: CITY BUREAU City Manager Denton Chamber of Commerce City of Denton Denton Convention & Visitors Bureau 215 E. McKinney Kim Phillips Denton, TX 76201 P.O. Box 1719 Denton, TX 76202 5.6 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of CITY and BUREAU and their respective successors and assigns. 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 5.9 Duplicate Originals. This Agreement is executed in duplicate originals. 5.10 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. CVB PY2015 HOT Fund Contract -- Page 7 5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. 5.12 Insurance. BUREAU shall, at a minimum, provide insurance as follows: 1 $500,000 Commercial General Liability, or $1,000,000 Event Insurance, covering all events taking place on City-owned property, 2. Statutory Workers' Compensation and Employers' Liability ($100,0001$500,0001$100,000), 3. $250,000 Liquor/Dram Shop Liability for any event occurring on City-owned property where alcohol will be provided or served, and 4. $500,000 Business Automobile Liability on any owned, non-owned or hired vehicles. CITY must be named as an additional insured on all policies (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by CITY. EXECUTED this day of 2111A JENNIFER WALTERS, CITY SECRETARY 2014. THE CITY OF DENTON, TEXAS 0 GEORGE C. CAMPBELL, CITY MANAGER ANITA BURGESS, CITY ATTORNEY DENTON CHAMKR OF COMMERCE By President U CVB PY2015 HOT Fund Contract -- Page 8 ATTEST: m Secretary m CVB PY2015 HOT Fund Contract -- Page 9 Exhibit A Denton Chamber of Commerce Denton Convention and Visitors Bureau Budget 2015 ADVERTISING $40,000 General Administration: 20,000 Salaries and Benefits $144,000 Liability Insurance 800 Travel & Training 15,000 Memberships & Subscriptions 6,000 Computer Equipment 16,000 Copy Machine 4,000 Office Supplies 6,000 Telephone 15,000 Postage 6,000 Office Rent 15,255 $228,055 Program Advertising: Print Advertising $40,000 Internet Marketing 20,000 Tourism Promotional Material 10,000 Brochures 10,000 Travel & Trade Shows 8,000 Tourism & PR Services 13,100 Event Magazine 80,000 Event Magazine Distribution/Circulation 7,000 $188,100 Communication & Social Media Marketing: Website $12,000 Email Communications 3,100 Social Media Marketing 56,000 Salary and Benefits 161,000 Memberships & Professional Development 8,000 $240,100 Convention & Group Sales & Services: MeetinglConventionlSports Marketing Advertising (Print,Website,Digital,Socia[Media) $8,000 Sales & Marketing Missions 2,000 Trade Shows & Conferences 7,500 Site Visits & Family Tours 1,000 Servicing 1,000 Bid Fees 4,000 Memberships & Professional Development 2,700 Group Tour Marketing Advertising (Print,Website, Digita I,Social Media) $4,500 Sales & Marketing Missions 5,000 Trade Shows & Conferences 11,000 Site Visits & Family Tours 1,500 Servicing 800 Memberships & Professional Development 2,000 Salary and Benefits $110,000 Travel & Training 5,000 $166,000 Total $822,255 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF DENTON, AND THE DENTON CHAMBER OF COMMERCE (CONVENTION & VISITORS BUREAU) (PY 2015) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF A NEW VISTORS INFORMATION CENTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, TEX. TAX CODE §351.002 authorizes CITY to levy by ordinance a municipal hotel occupancy tax ( "hotel tax ") not exceeding seven percent (7 %) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7 %); and WHEREAS, TEX. TAX CODE §351.101(a) authorizes CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, BUREAU is well equipped to perform those activities through its Denton Convention and Visitor's Bureau; and WHEREAS, TEX. TAX CODE §351.101(c) authorizes CITY to delegate by contract with BUREAU, as an independent entity, the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; and WHEREAS, after the annual hotel tax fiinding contract between the CITY and BUREAU for PY 2015 had already been budgeted and approved, an opportunity arose for the BUREAU to lease building space on the downtown square (a popular tourist destination in its own right) for the construction and operation of a new visitor information center, where tourists and visitors can come and learn of local events, attractions and performances occurring in Denton, some of which might encourage visitors to stay another night or two in Denton, and thereby benefit the hotel and tourism industry; and WHEREAS, apart from the eligible expenditures previously budgeted and approved for PY2015, TEX. TAX CODE §351.101(a)(1) specifically authorizes, without limitation, the expenditure of hotel tax revenue for the acquisition of sites for and the construction, improvement, enlarging, equipping, operation, and maintenance of visitor information centers, of the type proposed; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute a supplemental agreement between the City of Denton and the Denton Chamber of Commerce (Convention & Visitors Bureau) for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION 2. 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 C APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Page 2 SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE (CONVENTION & VISITORS BUREAU) (PY 2015) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF A NEW VISITOR INFORMATION CENTER THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY "), and the Denton Chamber of Commerce (Convention & Visitors Bureau), a non - profit corporation incorporated under the laws of the State of Texas (the "BUREAU "): WHEREAS, Tex. TAX CODE §351.002 authorizes CITY to levy by ordinance a municipal hotel occupancy tax ( "hotel tax ") not exceeding seven percent (7 %) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7 %); and WHEREAS, Tex. TAX CODE §351.101(a) authorizes CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, BUREAU is well equipped to perform those activities through its Denton Convention and Visitor's Bureau; and WHEREAS, Tex. TAX CODE §351.101(c) authorizes CITY to delegate by contract with BUREAU, as an independent entity, the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; and WHEREAS, after the annual hotel tax funding contract between the CITY and BUREAU for PY 2015 had already been budgeted and approved, an opportunity arose for the BUREAU to lease building space on the downtown square (a popular tourist destination in its own right) for the construction and operation of a new visitor information center, where tourists and visitors can come and learn of local events, attractions and performances occurring in Denton, some of which might encourage visitors to stay another night or two in Denton, and thereby benefit the hotel and tourism industry; and WHEREAS, apart from the eligible expenditures already budgeted and approved for PY 2015, Tex. TAX CODE §351.101(a)(1) specifically authorizes, without limitation, the expenditure of hotel tax revenue for the acquisition of sites for and the construction, improvement, enlarging, equipping, operation, and maintenance of visitor information centers, of the type proposed; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, CITY and BUREAU agree and contract as follows: CVB PY2015 Supplementary HOT Fund Contract -- Page 1 1. HOTEL TAX REVENUE PAYMENT 1.1 Consideration. For and in consideration of the activities to be performed by BUREAU under this Agreement, CITY agrees to pay to BUREAU a portion of the hotel tax revenue collected by CITY at the rates and in the manner specified herein (such payments by CITY to BUREAU sometimes herein referred to as the "agreed payments" or "hotel tax fiends "). 1.2 Amount of Payments. (a) As used in this Agreement, the following terms shall have the following specific meanings: (i) The term "hotel tax revenue" shall mean the gross monies collected and received by CITY as municipal hotel occupancy tax at the rate of seven percent (7 %) of the price paid for a room in a hotel, pursuant to Texas Tax Code §351.002 and City Ordinance. Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. (ii) The term "Collection period" will mean the collection period for CITY's fiscal year. It will include hotel tax revenue due to CITY for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year. (iii) The teen "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by CITY during any relevant period of time (i.e., fiscal year or fiscal quarter), less: (1) attorney and auditing costs incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers (attorney and auditing costs include fees paid to attorneys or agents not in the regular employ of CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers); and (2) court costs and other expenses incurred in litigation against or auditing of such taxpayers. (iv) The term "contract quarter" shall refer to any quarter of the calendar year in which this Agreement is in force. Contract quarters will end on March 31S`, June 30t" September 30`', and December 31S` of each contract year. (b) In return for satisfactory performance of the activities set forth in this Agreement and all attachments hereto, CITY shall pay to BUREAU the fixed contract amount of Two Hundred and Eighty -Four Thousand Dollars, as a lump sum payment. If CITY's Chief Financial Officer determines that hotel tax receipts by the CITY are not meeting the anticipated budget projection, CITY may reduce BUREAU's current budget at any time during the contract period. 1.3 Dates of Payments. The lump sum payment of $284,000 to the BUREAU will be paid within two weeks of this executed contract. CVB PY2015 Supplementary HOT Fund Contract -- Page 2 1.4 Other limitations regarding consideration. (a) The funding of this project in no way commits CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of BUREAU. (b) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of CITY. (c) CITY may withhold further allocations if CITY determines that BUREAU's expenditures deviate materially from their approved budget. II. USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in consideration of the payment by CITY to BUREAU of the agreed supplementary payment of hotel tax funds specified above, BUREAU agrees to use such hotel tax funds only for the construction, improvement, enlarging, equipping, operation, and maintenance of visitor information centers as authorized by TEX. TAX CODE §351.101(a)l ). Funds for any calendar year which are unused by midnight December 3Is' of that year shall be refunded to CITY within sixty (60) days. 2.2 Specific Restrictions on Use of Funds. (a) BUREAU agrees to demonstrate strict compliance with the record keeping and apportionment limitations imposed by TEX. TAX CODE §351.101(f) and §351.108 (c) and (d). BUREAU shall not utilize hotel tax funds for any expenditure which has not been specifically documented to satisfy the purposes set forth in ¶2.1 above. (b) I Iotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of local tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III. RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) BUREAU shall adhere to the supplementary budget (Exhibit "A ") as approved by the City Council for each calendar year, for all operations of BUREAU funded by hotel tax revenue. In other words, CITY should be able to audit specifically the purpose of each individual expenditure of hotel tax funds from the separate account relating to hotel tax funds. CITY shall not pay to BUREAU any hotel tax revenues as set forth in Section I of this contract during any program year of this Agreement unless a budget for such respective program year has been approved in writing by the Denton City Council, authorizing the expenditure of funds. (b) BUREAU acknowledges that approval of the supplementary budget (Exhibit "A ") by the Denton City Council creates a fiduciary duty in BUREAU with respect to the hotel tax funds paid by CITY to BUREAU under this Agreement. BUREAU shall expend hotel tax funds only in CVB PY2015 Supplementary HOT Fund Contract -- Page 3 the manner and for the purposes specified in this Agreement, TEX. TAX CODE §351.101(a)(1), and in the budget as approved by CITY. (c) Upon the application or consent of BUREAU, the City Manager or his designate may authorize minor amendments to the approved budget as necessary to carry out the intent of this Agreement, in a manner consistent with efficient use of public funds, and in accordance with State law. Such minor amendments may not increase the overall funding set forth in ¶1.2(b), extend the term, or otherwise alter the performance obligations of BUREAU, without approval of the City Council by ordinance. 3.2 Separate Accounts. BUREAU shall maintain any hotel tax funds paid to BUREAU by CITY in a separate checking account or with segregated fund accounting, such that any reasonable person can review the revenue source of any given expenditure. 3.3 Financial Records. BUREAU shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by BUREAU. These funds shall be classified as restricted funds for audited financial purposes, and may not be used for contracted services, including, but not limited to, auditing fees and attorney fees. Upon reasonable advance written request of the Denton City Council, the City Manager or designate, or any other person, BUREAU shall make such financial records available for inspection and review by the party making the request. BUREAU understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Public Information Act, TEX. GOV'T CODE, ch. 552, as hereafter amended. 3.4 Quarterly Reports. After initial receipt of the hotel tax funds, and within thirty (30) days after the end of every contract quarter, BUREAU shall furnish to CITY: (1) a completed financial report, (2) a list of the expenditures made or copies of the invoice or receipts with regard to hotel tax funds pursuant to TEX. TAX CODE §351.101(c), and (3) a copy of all financial records (e.g., copies of front and back cleared checks or bank statements, and other relevant documentation). BUREAU shall prepare and deliver all reports in a form and mariner approved by the City Manager or designate. BUREAU shall respond promptly to any request from the City Manager of CITY, or designate, for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. BUREAU shall give the City Manager of CITY, or his designate, reasonable advance written notice of the time and place of all meetings of BUREAU's Board of Directors, as well as any other meeting of any constituency of BUREAU at which this Agreement or any matter subject to this Agreement shall be considered. IV. TERM AND TERMINATION 4.1 Term. The term of this Agreement shall commence upon execution and terminate at midnight on January 31, 2016. However, the program period shall commence on January 1, 2015 and terminate at midnight on December 31, 2015. Only those expenditures authorized by Chapter 351 of the Texas Tax Code and the program guidelines, which are actually incurred during the program period, for events and activities taking place within the program period, are eligible for funding under this agreement, and any ineligible expenditures or unspent funds shall be forfeited to CITY upon termination of the Agreement. CVB PY2015 Supplementary I40T Fund Contract -- Page 4 4.2 Termination Without Cause. (a) This Agreement may be terminated by either party, with or without cause, by giving the other party sixty (60) days advance written notice. (b) In the event this contract is terminated by either party pursuant to ¶4.2(a), CITY agrees to reimburse BUREAU for any contractual obligations of BUREAU undertaken by BUREAU in satisfactory performance of those activities specified in ¶ ¶2.1 and 2.2 above and that were approved by the Council through the budget, as noted in ¶3.1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in ¶ ¶2.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. (c) Further, upon termination pursuant to ¶4.2(a), BUREAU will provide CITY: 1) within ten (10) business days from the termination notification, a short -term budget of probable expenditures for the remaining sixty (60) day period between termination notification and contract termination. This budget will be presented to Council for approval within ten (10) business days after receipt by CITY. If formal approval is not given within ten (10) business days and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) within thirty (30) days, a full accounting of all expenditures not previously audited by CITY; 3) within five (5) business days of a request from CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a final accounting of all expenditures and tax funds on the day of termination. BUREAU will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by BUREAU after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in ¶ ¶2.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 4.3 Automatic Termination. This Agreement shall automatically terminate upon the occurrence of any of the following events: (a) The termination of the legal existence of BUREAU; (b) The insolvency of BUREAU, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assigmnent by BUREAU for the benefit of creditors; (c) The continuation of a breach of any of the teens or conditions of this Agreement by either CITY or BUREAU for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (d) The failure of BUREAU to submit a financial quarterly report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term, or quarterly as required by ¶1.3 hereof. CVB PY2015 Supplementary HOT Fund Contract -- Page 5 4.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non - terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 4.5 In the event that this Agreement is terminated pursuant to TT4.3 or 4.4, BUREAU agrees to refund any and all unused funds, or funds determined by CITY to have been used improperly, within thirty (3 0) days after termination of this Agreement. V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by BUREAU with another private entity, person, or organization for the performance of those services described in x(2.1 above. In the event that BUREAU enters into any arrangement, contractual or otherwise, with such other entity, person or organization, BUREAU shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEX. TAX CODE ch. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5.2 Independent Contractor. BUREAU shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of CITY. BUREAU shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and BUREAU shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. BUREAU shall not be considered a partner or joint venturer with CITY, nor shall BUREAU be considered nor in any manner hold itself out as an agent or official representative of CITY. 5.3 Indemnification. BUREAU AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY BUREAU OF THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF BUREAU, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES. 5.4 Assignment. BUREAU shall not assign this Agreement without first obtaining the written consent of CITY. CVB PY2015 Supplementary HOT Fund Contract -- Page 6 5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand- delivery, addressed to the respective parties as follows: CITY BUREAU City Manager Denton Chamber of Commerce City of Denton Denton Convention & Visitors Bureau 215 E. McKinney Kim Phillips Denton, TX 76201 P.O. Box 1719 Denton, TX 76202 5.6 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of CITY and BUREAU and their respective successors and assigns. This agreement creates no obligations to third parties. 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 5.9 Duplicate Originals. This Agreement is executed in duplicate originals. 5.10 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. 5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. 5.12 Insurance. BUREAU shall, at a minimum, provide insurance as follows: 1. $500,000 Commercial General Liability, or $1,000,000 Event Insurance, covering all events taking place on City -owned property, CVB PY2015 Supplementary HOT Fund Contract -- Page 7 2. Statutory Workers' Compensation and Employers' Liability ($100,000 /$500,000/$100,000), 3. $500,000 Business Automobile Liability on any owned, non -owned or hired vehicles. CITY must be named as an additional insured on all policies (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by CITY. EXECUTED this day of ATTEST: By: JENNIFER WALTERS, CITY SECRETARY 2015. THE CITY OF DENTON, TEXAS i GEORGE C. CAMPBELL, CITY MANAGER APPROVED AS TO LEG ANITA BURGESS, CITY ATTORNEY DENTON CII By: President OF COMMERCE CVB PY2015 Supplementary HOT Fund Contract -- Page 8 ATTEST: 0 Secretary APPROVED AS TO LEGAL FORM: 0 CVB PY2015 Supplementary HOT Fund Contract -- Page 9 Exhibit A August 1 Through Dec 31, 2015 Finish Out $150,000 Rent $18,000 Decorator $25,000 Computer /IT networking (register /software) $20,000 Supplies - Office /Retail $5,000 Full time manager $25,000 Maintenance $5,000 Part -time / Pd Interns $13,000 Furnishings and Decor $23,000 Total $284,000 HOTEL OCCUPANCY TAX June 16, 2015 7/7/20152:54 PM FY 2014 PY2015 PY2015 PY 2016 PY 2016 Actuals Budget Estimate Requests Committee Recommendation Beginning Fund Balance $ 1,251,291 $ 1,073,968 $ 1,503,502 $ 1,699,476 $ 1,699,476 Revenues: Hotel Revenue 1,990,739 1,791,637 2,082,586 2,145,064 2,145,064 Total Revenue Net Available Hotel Revenue $ 3,242,030 $ 2,865,605 $ 3,586,088 $ 3,844,540 $ 3,844,540 Expenditures: Air Fair $ 10,240 $ 10,752 10,752 $ 18,400 $ 11,290 Black Chamber of Commerce 16,580 17,409 17,409 16,572 16,572 Chamber of Commerce - CVB 783,100 822,255 822,255 1,076,000 917,395 Chamber of Commerce - CVB - Welcome Center - - 325,000 200,000 200,000 Cinco de Mayo 8,000 8,400 8,400 22,500 8,820 Civic Center Operations 3,935 7,875 7,875 44,730 27,875 Contingency - 5,000 5,000 15,000 15,000 Convention Center - LINT 300,329 100,000 24,781 - - Convention Center Project - - - 200,000 150,000 Convention Center Marketing Expenses 172,575 - - - Denton Community Market - 10,000 10,000 26,970 10,500 Denton Community Theatre 23,010 24,161 24,161 25,000 25,000 Denton County Office of History & Culture 104,513 113,999 113,999 150,000 150,000 Denton Festival Foundation 82,820 86,961 86,961 105,000 91,309 Denton Firefighter Museum 15,494 21,500 21,500 21,500 21,500 Denton Holiday Festival 7,640 7,700 7,700 7,700 7,700 Denton Public Art Committee 2.4% of Rev. 41,747 42,999 42,999 51,482 51,482 Denton Square Maintenance (PARD) 11,050 11,603 11,603 20,250 12,183 Dog Days of Summer 14,590 15,320 15,320 20,750 16,086 Greater Denton Arts Council 117,780 123,669 123,669 155,000 129,852 Juneteenth Committee 11,830 13,052 13,052 25,000 13,705 Kiwanis - Turkey Roll Bicycle Rally - - - 4,850 4,850 Main Street Association 23,010 24,161 24,161 31,400 25,369 Music Theatre of Denton 5,000 5,250 5,250 5,250 5,250 North Texas State Fair Association 73,620 77,301 77,301 150,000 125,000 Square Lighting Maintenance 5,250 5,250 5,250 5,250 5,250 Susan G. Komen 10,000 10,000 10,000 - - Tejas Storytelling Association 50,610 52,747 52,747 52,747 52,747 Texas Filmmakers 7,500 7,875 7,875 25,000 8,269 LINT College of Music - - - 114,310 - Water Works Park 10,880 11,592 11,592 42,060 42,060 Total Expenditures $ 1,738,528 $ 1,809,406 $ 1,886,612 $ 2,632,721 2,145,063 Ending Fund Balance $ 1,503,502 $ 1,056,199 $ 1,699,476 $ 1,211,819 $ 1,699,476 15% of Expenditures $ 260,779 $ 271,411 $ 282,992 $ 394,908 $ 321,759 7/7/20152:54 PM 7/7/20152:54 PM z 0 F- zuj oc LA. 0 t 0 06 0 0 u -6 U 0 -6 0 N v; -0 0 m C� a 0 F, u ui — a) a) (D 0 0 rz .0 0 a) 0 C� E (D bD > > 0 u 0 (D E U m u W 0 -a Y > (D 0 O o u u 0 E 0 E E 16 Z cu > E i6 _a - 0 -0 0 u > r_ 0 W — (D E bD > — 2 (D — L u U 0 0 u rj u 0 = m u E 0 -0 o 3: 0 -a E 0 'E -2 N 0 0 -0 0 a) u — m 0 UJ N ui a1 a1 m U 0 0 •m m cu cu cu (D (D 0 u CO 6 bD >. co bD m m 0- 0 > w m m 0 -a u u m 0 m co 0 am " rz -0 m E 0 0 > 16 0 0 E m m ' 0 0 0 (A a) Ln z V) V) LL CO U a u z u E a) v) E z -0 L 13 Z co 0 >, 2� 0 0 0 0 0 0 W m Z; z z z z z z > (D m 0 CL m E ;n N M C m LA � V (D 0 CL C aJ U. M 0 0 0 0 0 0 m 0 0 r14 0 0 a) z3- 0 to U U. Ln r-i r-i M C-0 r-i 0) r-i m r-i rn r� z3- M V-1 -4 0 .2 0 0 z3- rn r, � m r, 0 r1l a) 0 0 m Ln (D 0 m z3- 00 lD Ln 11 r-i 0 r, r-i 0 0 0 0 m co 0 00 rn lo 00 0) 0) Ln m r1i 00 0 0 r, 0 u > r.: 0.^ L6 -ze Lr1 d Lr 06 r, 0 z3- m �D 0) m 0 a) Ln �D 00 00 r1l .2 cl� cl� z3- r-i 00 r, 00 ry) -:1- 0 z3- ZT z3- r, m 0 CY) r-i Ln 0. M i-I l0 N rl� m co E 3 > 0 = M 0 > (D 0 r, 0 0) Ln �T -.0 N r-i 0 0 r" 0) U. 0 rf) 0 0 r-i Ln -.0 r, z3- -Z3 0 0 r-i 0 O 0 & r-i rl� 0 06 lo zi r1i 6 0) 1 00 Lr Ln rf� a) 1 r1l L6 0 0 & 0 6 ry) r-� CN (D 0) lD rn 0 0) 0) 0 0 Ln rl 00 0 r-i 0 X U r6. 3� r-i 3 rf� 00 ry) Ln 0 ry) lo Lo (D m -* v (D = -4 �o z3- M Lr � cy � : 0 . " ZT E U C m 0 M X U 0 0 :I. m 0 0 X :r m 0 0 (D >- (U (D 0 a) (D (D cu (D (U (D (D (D (D 4w- �Q-1 0 > Co 0 M > CL CL 0 0 0) c C tw 0 .- M 0 0 u m M s > Oq m 2 -6 0 — Ln '= m 16 > m m m Co U. m o (D CL h m 0 (D u u crU. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -534, 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. (Hickory Substation) [ID 15 -542, 15 -543, 15 -544] City of Denton Page 1 of 1 Printed on 7/16/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -558, 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. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential Easement Grant and Abandonment Agreement of certain real property interests located in the Jeremiah Fisher Survey, Abstract No. 421, City of Denton, Denton County, Texas, and generally located in the 2200 Block of E. Ryan Road, west of the Ryan Road - Teasley intersection. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Denton West Lift Station Upgrade)[ID 15 -559] City of Denton Page 1 of 1 Printed on 7/16/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -560, 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. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests situated in the S. McCracken Survey Abstract Number 417, City of Denton, Denton County, Texas (located generally within the 2200 block of E. 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 No 4 Rebuild)[ID 15 -561] City of Denton Page 1 of 1 Printed on 7/16/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -527, Version: 1 Agenda Information Sheet SUBJECT 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 with direction pertaining to the potential sale of real property interests owned by the City of Denton located in the G. Walker Survey, Abstract 1330, and Lot 1, Block 1, Lake Dallas Storage Addition, both in Denton County, Texas, and located generally south of F. M. Highway 426 (East McKinney Street) between Mayhill Road on the west and South Trinity Rd. on the east. 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. (Atmos Lake Dallas Storage Facility). City of Denton Page 1 of 1 Printed on 7/16/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -565, 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. Receive a report and hold a discussion regarding legal and economic development issues regarding economic development incentives for a business prospective in the Cole Ranch Development. This discussion shall include commercial and financial information the City Council may receive from the business owners which the City seeks to have locate, stay, or expand in or near the territory of the City, and with which the City Council is conducting economic development negotiations, including the offer of financial or other incentives. Also hold a discussion with the City's attorneys on the referenced topic where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. City of Denton Page 1 of 1 Printed on 7/16/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON File #: ID 15 -566, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074 Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment. City of Denton Page 1 of 1 Printed on 7/16/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -570, 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 George P. Bush, Connnissioner, Texas General Land Office v. City of Denton Texas, Cause No. 15- 02058 -362 currently pending in the 362nd District Court of Denton County and Texas Oil and Gas Association v. City of Denton, Cause No. 14- 08933 -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 7/16/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON File #: ID 15 -514, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Parks Foundation presentation of a donation from the Denton Area Teachers Credit Union to the City of Denton for the Eureka 2 project. City of Denton Page 1 of 1 Printed on 7/16/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO File #: ID 15 -582, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Resolution of Appreciation for Linda Holley City of Denton Page 1 of 1 Printed on 7/16/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO File #: ID 15 -541, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Monica Jones regarding a complaint on Animal Control. City of Denton Page 1 of 1 Printed on 7/16/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO File #: ID 15 -572, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Jerry Yensan regarding the City's interpretation of a boundary on a gas well plat. City of Denton Page 1 of 1 Printed on 7/16/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO File #: ID 15 -574, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Luisa Feliz translating for Bolivar Diaz regarding interpretation of gas well boundaries. City of Denton Page 1 of 1 Printed on 7/16/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON Legislation Text File #: ID 15 -465, Version: 1 Agenda Information Sheet DEPARTMENT: CM/ ACM: Date: SUBJECT Consider adoption of an ordinance amending Chapter 29 of the Code of the City of Denton, Texas, to provide for the adoption of the International Fire Code, 2012 Edition; providing for amendments thereto; re- establishing permit fees; providing for a penalty in the amount of $2,000.00 for violations thereof; providing for severability; repealing all ordinances in conflict therewith; and providing for an effective date. BACKGROUND The current 2009 IFC code, as amended, was adopted September 11, 2012. The 2012 IFC was published by the International Code Council (ICC) in the first quarter of 2012. Amendments to the code were drafted based on IFC changes, North Central Texas Council of Governments (COG) recommendations, and local practices. The 2012 IFC with proposed amendments was presented during a Builder's Luncheon on November 12, 2014 to approximately 80 professionals in the construction field. Significant changes in the code were highlighted and proposed amendments were positively received. The IFC 2012 and proposed local amendments were presented to the Health and Building Standards Commission (HaBSCo) on March 26, 2015. HaBSCo voted 6 - 0, with 1 abstaining vote, to recommend approval by City Council. A presentation was made to members of the Denton Community Development Alliance hosted by the Denton Chamber of Commerce with positive discussion and feedback. On April 7, 2015, a presentation was made during a City Council work session outlining the proposed adoption of the 2012 IFC along with local amendments. Direction and feedback to staff were captured and incorporated into the proposed local amendments. OPTIONS 1. Request additional information on the 2012 IFC and proposed amendments. 2. Adopt ordinance with local amendments. RECOMMENDATION Staff recommends the City Council adopt IFC 2012 with local amendments. City of Denton Page 1 of 2 Printed on 7/16/2015 File #: ID 15 -465, Version: 1 ESTIMATED SCHEDULE OF PROJECT A recommended effective date of August 24, 2015, satisfies the 30 day legal requirement from approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Health and Building Standards Commission reviewed the proposed adoption and local amendments. A 6 - 0 vote recommend approval by City Council with 1 abstaining vote. Staff presented the proposed adoption of the 2012 IFC along with local amendments to Council on April 7, 2015. An informal staff report was submitted by staff on June 5, 2015, with follow -up information requested by Council. FISCAL INFORMATION Implementation of the proposed re- inspection fee could generate approximately $15,000 in revenue. EXHIBITS Exhibit 1 Ordinance Respectfully submitted: Robin Paulsgrove Fire Chief Prepared by: Laura Behrens Fire Marshal City of Denton Page 2 of 2 Printed on 7/16/2015 SALega1\Chp 29 Intemational Fire Code.doc AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR THE ADOPTION OF THE INTERNATIONAL FIRE CODE, 2012 EDITION; PROVIDING FOR AMENDMENTS THERETO; RE-ESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2000 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 29 of the Code of the City of Denton, Texas is amended to read as follows: ARTICLE I. GENERAL PROVISIONS See. 29-1 International Fire Code--Adopted. There is hereby adopted by the City of Denton, Texas for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, those certain Codes and Standards known as the International Fire Code, including Appendices AJ, published by the International Code Council, Inc., being particularly the 2012 editions thereof and whole thereof, save and except such portions as are hereinafter deleted, modified or amended by section 29-2 of this ordinance. A copy of said Fire Code is now filed in the office of the City Secretary, and is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Denton and within five thousand (5,000) feet thereof, where specified therein. See. 29-2 Amendments. The International Fire Code, as adopted in Section 29-1, is hereby amended as follows: A. By the amendment of the International Fire Code, as follows: "Section 10.1.1; amended to read as follows: 1011 Title. These regulations shall be known as the Fire Code of the City of Denton, Texas, the "Fire Code" or, in the context of the following amendments, "this code". "Section 101.2,- second paragraph added to read as follows: The provisions of this code shall supplement any and all laws relating to fire safety and shall apply to all persons without restriction, unless specifically exempted. * *Section 102.4.1; added to read as follows: 102.4.1 Application of other codes. The design and construction of new structures shall comply with this code, and other codes as applicable; and any alterations, additions, changes in use or changes in structures required by this code which are within the scope of this and other codes shall be made in accordance therewith. S:\Legal\Chp 29 International Fire Code,doc "Section 102.7, amended to read as follows: 102.7 Referenced codes and standards. The codes and standards referenced in this code shall include those that are listed in Chapter 80, and such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. "Section 102.7.2; added to read as follows: 102.7.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code and any adopted amendments, the provisions of this code and any adopted amendments, as applicable, shall take precedence over the provisions in the referenced code or standard. "Section 103.1; second paragraph added to read as follows: Under the chiefs direction, the fire department is authorized to enforce all ordinances of the jurisdiction pertaining to: 1. The prevention of fires, 2. The suppression or extinguishments of dangerous or hazardous fires, 3. The storage, use and handling of hazardous materials, 4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire-extinguishing equipment, 5. The maintenance and regulation of fire escapes, 6. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures and other property, including those under construction, 7. The maintenance of means of egress, 8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials, and 9. The investigation of the cause, origin and circumstances of explosions. For authority related to control and investigation of emergency scenes, see Section 104. "Section 103.1.2; added to read as follows: 103.1.2 Department of Fire Prevention Personnel and Police. The chief and members of the Department of Fire Prevention shall have authority to issue citations for violations of this code. 'Section 103.4.2; added section to read as follows: 103.4.2 Local Liability. All regulations provided in this Code are hereby declared to be governmental and for the benefit of the general public. Any member of the City Council, any city official or employee, or any member of the Health and Building Standards 0) S:\Legal\Chp 29 International Fire Code. doe Commission charged with the enforcement of this code, acting for the City in the discharge of his or her duties, are entitled to the legal protections afforded by Article VIII of Chapter 2 of the Code of the City of Denton, Texas (§2-243 through 2-250), as amended, or as otherwise provided by State law, if better. "Section 104.10.2; added to read as follows: 104.10.2 Hazardous Materials. The fire code official is authorized to investigate the cause, origin, and circumstances of any unauthorized releases of hazardous materials. "Section 104.10.3; added to read as follows: 104-10.3 Explosives. The fire code official is authorized to investigate the cause, origin, and circumstances of explosions, explosives handling, manufacturing, and usage of explosive materials, "Section 105.3.3; amended to read as follows: 105.3.3 Occupancy Prohibited before Approval. The building or structure shall not be occupied prior to the fire code official issuing a permit when required and conducting associated inspections indicating the applicable provisions of this code have been met. "Section 105.6.47; added to read asJollows: 105.6.47 Gas and Oil Wells. An operational permit is required to operate gas and oil wells in the incorporated city limits of Denton following the issuance of a gas well permit by the City of Denton in accordance and compliance with all I ordinances of the City of Denton, Texas, including without limitation, Subchapter 22 of the Denton Development Code of the City of Denton, Texas. "Section 106, added sections 106.2.3.,106 2.4, 106 2. 5, and 106.2.6, to read as follows: 106.2.3 Frequency of Inspection. All owners of, occupants of, tenants of, lessees of or persons making use of any building or premises, or portions thereof, when used as nonresidential group occupancies, including hotels, lodging houses and congregate residences, as defined by the Building Code are required to accommodate annual inspections of such buildings, premises or portions thereof upon the reasonable and lawful demand of the Fire Marshal or his designated representative. Additionally, the Fire Marshal may initiate such inspections at such other times as he deems appropriate to satisfy the purposes of this ordinance, and may additionally inspect all other premises as may be necessary, including such other potential hazards or appliances as the Fire Marshal may specify, for the purpose of ascertaining and causing to be corrected any condition which would reasonably tend to cause a fire or contribute to its spread. 106.2.4 Annual Fire Protection Systems Testing. The annual testing of all fire sprinkler systems, fire alarm systems, fire extinguishing systems, hood extinguishing systems and fire pumps shall be witnessed by the Fire Code Official or his designee. 106.2.5 Annual Inspection Fees. The first annual inspection performed pursuant to Section 106 of this code shall be performed free of charge. If the Fire Marshal or his designee observes a violation of this chapter and performs a follow-up (re-inspection) inspection to determine whether a violation or violations observed during the previous inspection have been corrected, a fee shall be charged, and the occupant or lessee shall pay said fee within 30 days of being billed therefore as condition to continue lawful occupancy of the building or dwelling to be inspected. Said fee shall be based upon the amount of interior area of the building leased, occupied or used by the person. The fee shall be in the amount established, and from time to time amended, by ordinance of City Council, a copy that shall be kept on file with the City Secretary. Follow up inspection SALega1\Chp 29 Intemational Fire Code.doc fees for common areas of such buildings or premises shall be charged to and paid by the owner in accordance with the area inspected. 106.2.6 Permit and Permit Fees. Any permit required by Sections 105 or 106 of the Code shall be issued only upon payment of a permit fee in an amount established, and as from time to time amended, by ordinance of the City Council, a copy of which shall be kept on file with the City Secretary. If the Fire Marshal or his designee observes a violation of the permit or the work required by the permit is incomplete at the time of inspection and performs a follow-up (re-inspection) inspection to determine whether a violation or violations observed during the previous inspection have been corrected, a fee shall be charged. "Section 109.4, amended to read as follows: 109.4 Violation Penalties. Persons who violate any provision of this code, who fail to comply with any of the requirements thereof, or who erect, install, alter, repair or perform work in violation of the approved construction documents, the directives of the fire code official, or the conditions of any permit or certificate issued under provisions of this code, shall be subject to prosecution of a misdemeanor offense punishable by a fine as specified in §1-12 of the Code of the City of Denton, Texas. Each day that a violation continues after due notice has been served shall be deemed a separate offense. "Section 110.4, amended to read as follows: 110.4 Abatement. Any person operating or maintaining any occupancy, premises or vehicle subject to this Code who shall permit any fire hazard to exist on the premises under his or her control, or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the code official or his duly authorized representative, shall be guilty of a separate offense for each and every day or portion thereof which any violation of any of the provisions of this Code is committed or continued. "Section 111.4; amended to read as follows: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than two hundred ($200) dollars or more than the maximum fine specified in § 1 -12 of the Code. 'Section 202; the following definitions are added or amended to read as follows: AMBULATORY HEALTH CARE FACILITY. Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing or similar care on a less than 24-hour basis to individuals who are rendered incapable of self-preservation. This group may include but not be limited to the following: Dialysis centers Sedation dentistry Surgery centers Colonic centers Psychiatric centers DEPARTMENT OF FIRE PREVENTION. The Denton Fire Department members authorized by the Fire Chief. FIRE CODE OFFICIAL. The Fire Marshal or other designated authority charged by the City Council with the duties of administration and enforcement of the code, or a duly authorized representative. 4 S:\Legal\Chp 29 International Fire Code. doe FIRE DEPARTMENT. The City of Denton Fire Department. FIRE WATCH. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the fire code official for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department. HIGH-RISE BUILDING. A building having floors used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access. JURISDICTION. The City of Denton, Texas SELF-SERVICE STORAGE FACILITY. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. STANDBY PERSONNEL. Qualified fire service personnel, approved by the Fire Chief. When utilized, the number required shall be as directed by the Fire Chief. Charges for utilization shall be calculated at 1.5 times the hourly wage rate for each individual assigned. "Section 3117.1.1; .amended to read as follows: 307.1.1 Prohibited open burning. Open burning that is offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. Exception: (No change.) 'Section 307.2; amended to read as follows: 307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or open burning. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Examples of state or local law, or regulations referenced elsewhere in this section may include but not be limited to the following: 1. Texas Commission on Environmental Quality (TCEQ) guidelines and/or restrictions. 2. State, County or Local temporary or permanent bans on open burning. 3. Local written policies as established by the Code Official. "Section 307.3; amended to read asJollows. 307.3 Extinguishment authority. The fire code official is authorized to order the extinguishment by the permit holder, another person responsible or the fire department of open burning that creates or adds to a hazardous or objectionable situation. "Section 30 7.4, amended to read as follows, deleted exception 2: 307.4 Location. The location for open burning shall not be less than 300 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 300 feet of any. structure. S:\Legal\Chp 29 International Fire Code. doe Exceptions: 1. Fires in approved containers that are not less than 15 feet from a structure. f#2 deleted} "Section 347 4. 1; amended to read as follows: 307.4.1 Bonfires. A bonfire shall not be conducted within 300 feet of a structure or combustible material. Conditions which could cause a fire to spread within 300 feet of a structure shall be eliminated prior to ignition. "Section 307.4.2; amended to read as follows: 307.4.2 Recreational Fires. Recreational fires shall be prohibited within the incorporated city limits of Denton, Texas. "Section 347 4.4, added to read as follows: 307.4.4 Trench Burns. Trench bums shall be conducted in air curtain trenches and in accordance with Section 307.2. "Section 307.5; amended to read as follows: 307.5 Attendance. Open burning, trench bums, bonfires, or portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum of 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. 'Section 308.1.1; add a sentence to read as follows: Unmanned free-floating devices containing an open flame or other heat source, such as but not limited to. sky lanterns shall be prohibited. * *Section 308.1.4; amended to read asjollows: 308.1.4 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet of combustible construction. Exceptions: 1. One- and two-family dwellings. 0 SALegal\Chp 29 International Fire Code.doc "Section 308.1.6.2, Exception #3; amended to read as follows: Exceptions: ( #1 and #2 unchanged) 3. Torches or flame-producing devices in accordance with Section 308.1.3. {44 unchanged} "Section 311. S; amended to read as follows: 311.5 Placards. The fire code official is authorized to require marking of any vacant or abandoned buildings or structures determined to be unsafe pursuant to Section 110 of this code relating to structural or interior hazards, as required by Section 311.5.1 through 311.5.5. 'Section 403.3; add Sections 403.3.1 and 403.3.2 to read as follows: 403.3.1 Training. Training for crowd managers shall be approved and shall be based upon a valid job task analysis and duties outlined in Section 403.3.2. 403.3.2 Duties. The duties of crowd managers shall include: a. An inspection of the area of responsibility to identify and address any egress barriers b. An inspection of the area of responsibility to identify and mitigate any fire hazards c. Ensure compliance with all permit conditions, including those governing pyrotechnics and other special effects d. To direct and assist the event attendees in evacuation during an emergency c. Assist emergency response personnel if requested. f. Other duties outlined by the Fire Code Official g. Other duties outlined in the Emergency Plan * *Section 503.1.1; the following sentence is added to the first paragraph: Except for single- or two-family residences, the path of measurement shall be along a minimum of a ten feet (10') wide unobstructed pathway around the external walls of the structure. "Section 503.1.4, added to read as follows: 503.1.4 Existing Fire Lanes. Any fire lane that has been established prior to passage of the ordinance from which this article is derived and designated by the fire marshal or that has been established by a separate ordinance shall be a fire lane for all intents and purposes and shall be maintained as required by this code. 'Section 503-2.4; amended to read as follows: 503.2.4 Turning radius. Each fire apparatus access road shall have an inner turning radius of not less than 35 feet, and an exterior turning radius of not less than 55 feet, or shall have a design approved by the fire code official as functionally equivalent to this standard. "Section 503.2.9, added to read as follows: 503.2.9 Fire Lane Site Plan. in SALegahChp 29 Intemational Fire Code.doc (a) When fire lanes are required in accordance with the provisions of this article, the owner, builder, or developer shall submit a fire lane site plan measuring eight and one half (8- 1/2) inches by eleven (11) inches to the fire code official prior to issuance of a building permit. A copy of each approved fire lane site plan shall be kept on file with the fire department. (h) Construction of the building shall not begin until the fire lane site plan has been submitted and approved. "Section 503.3; amended to read as follows: 503.3 Marking. Where required by the fire code official, approved striping or, when allowed by fire code official, signs, or both, or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs or notices and striping shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. (1) Striping - Fire apparatus access roads shall be marked by painted lines of red traffic paint six inches (6") in width to show the boundaries of the lane. The words "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four inch (4") white letters at 20 feet intervals on the red border markings along both sides of the fire lanes. (2) Signs - shall read "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" and shall be 12" wide and 18" high. Signs shall be painted on a white background with letters and borders in red, using not less than 2" lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (66") (1.98 in) above finished grade. Signs shall be spaced not more than fifty feet (50 feet) (15.2 in) apart. Signs may be installed on permanent buildings or walls or as approved by the code official. "Section 503.4, amended to read as follows: 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed by persons in any manner, including parking, stopping, or standing any non-emergency vehicle, whether attended or unattended, in a fire lane. The minimum widths and clearances established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. The operator of a premise shall maintain, free of obstruction, all fire lanes on his premises. No person may mark, post or otherwise identify a non-fire lane private vehicular passageway as a fire lane or in such a manner as tends to create confusion as to whether the passageway is a fire lane. Any unauthorized vehicle found in or on a fire lane is: (1) Subject to removal by the operator of the premises, with the expense of removal and storage to be borne by the registered owner of the vehicle; (2) Subject to citation, as well as removal, by the fire marshal or a police officer; and (3) Deemed to constitute prima facie evidence of a violation of this section by: (1) a named lessee of an unattended vehicle, if subsequently determined to be under a lease or rental agreement at the time of the incident; (2) the registered owner of an unattended vehicle; or (3) by any occupant licensed to operate the vehicle, regardless of whether such license is expired, suspended or revoked. 8 SALega1\Chp 29 Intemational Fire Code,doc "Section 603.3.2.1, Exception; amended to read as follows: Exception: The aggregate capacity limit shall be permitted to be increased to 3,000 gallons (11,356 L) in accordance with all requirements of Chapter 57. "Section 603.3.2.2; amended to read as follows: 603.3.2.2 Restricted use and connection. Tanks installed in accordance with Section 603.3.2 shall be used only to supply fuel oil to fuel- burning equipment installed in accordance with Section 603.3.2.4. Connections between tanks and equipment supplied by such tanks shall be made using closed piping systems. "Section 604-604.2.2, amended to read as follows: 604.1 Installation. Emergency and standby power systems required by this code or the International Building Code shall be installed in accordance with this code, NFPA 110 and 111. Existing installations shall be maintained in accordance with the original approval, except as specified in Chapter 11. 604.1.1 Stationary generators. Stationary emergency and standby power generators required by this code shall be listed in accordance with UL 2200. 604.1.2 Critical Operations Power Systems (COPS). For Critical Operations Power Systems necessary to maintain continuous power supply to facilities or parts of facilities that require continuous operation for the reasons of public safety, emergency management, national security, or business continuity, see NFPA 70. 604.2 Where required. Emergency and standby power systems shall be provided where required by Sections 604.2.1 through 604.2.24 or elsewhere identified in this code or any other referenced code. 604.2.1 Emergency voice /alarm communications systems. Emergency power shall be provided for emergency voice/alarm communications systems in the following occupancies, or as specified elsewhere in this code, in accordance with Section 907.5.2.2.5. Covered and Open Malls, Section 604.2.13 Group A occupancies, Sections 907.2.1.1 and 907.5.2.2.4. Special Amusement buildings, Section 907.2.12.3 High rise buildings, Section 907.2.13 Atriums, Section 907.2.14 Deep Underground buildings, Section 907.2.19 604.2.2 Smoke control systems. Standby power shall be provided for smoke control systems in the following occupancies, or as specified elsewhere in this code, in accordance with Section 909.11: Covered mall building, International Building Code, Section 404.5 Atriums, International Building Code, Section 404.7 Underground buildings, International Building Code, Section 405.5 Group 1-3, International Building Code, Section 408.9 Stages, International Building Code, Section 410.3.7.2 Special Amusement buildings (as applicable to Group A's), International Building Code, Section 411.1 Smoke protected seating, Section 1028.6.2.1 &TegaWhp 29 international Fire Code, doe "Section 604.2.19-604.2.24, amended to read as follows: 604.2.19 Smokeproof enclosures and Stair Pressurization Alternative. Standby power shall be provided for smokeproof enclosures, stair pressurization alternative and associated automatic fire detection systems as required by the International Building Code, Section 909.20.6.2. 604.2.20 Elevator pressurization. Standby power shall be provided for elevator pressurization system as required by the International Building Code, Section 909.21.5. 604.2.21 Elimination of Smoke Dampers in Shaft Penetrations. Standby power shall be provided when eliminating the smoke dampers in ducts penetrating shafts in accordance with the International Building Code, Section 717.5.3, exception 2.3. 604.2.22 Common exhaust systems for clothes dryers. Standby power shall be provided for common exhaust systems for clothes dryers located in multistory structures in accordance with the International Mechanical Code Section 504.8, item 7. 604.2.23 Hydrogen Cutoff Rooms. Standby power shall be provided for mechanical ventilation and gas detection systems of Hydrogen Cutoff Rooms in accordance with the International Building Code, Section 421.8. 604.2.24 Means of Egress Illumination in Existing Buildings. Emergency power shall be provided for means of egress illumination in accordance with Section 1104.5 and 1104.5. 1 when required by the fire code official. "Section 604.7; added to read as follows: 604.7 Energy time duration. Unless a time limit is specified by the fire code official, in this chapter or elsewhere in this code, or in any other referenced code or standard, the emergency and standby power system shall be supplied with enough fuel or energy storage capacity for not less than 2-hour full-demand operation of the system, Exception: Where the system is supplied with natural gas from a utility provider and is approved. "Section 605.11.3.2 through Section 605.11.3.2.4 removed and added to the 2012 International Residential Code M2302. "Section 901.4.3: added to read as follows: 901.4.3 Fire areas. {First part of section unchanged) ... determined in accordance with Section 707.3. 10 of the International Building Code. "Section 903.1.2; added to read as follows: 903.1.2 Residential systems. Unless specifically allowed by this code or the International Building Code, residential sprinkler systems installed in accordance with NFPA 13D or NFPA 13R shall not be recognized for the purposes of exceptions or reductions, commonly referred to as "trade-offs", permitted by other requirements of this code. In addition, residential sprinkler systems installed in accordance with NFPA OR must include attic sprinkler protection to be recognized for the purposes of such trade- offs permitted by other requirements of this code. C1 S:\Legal\Chp 29 Intemational Fire Code.doc "Section 903.2; amended to read as follows: 903.2 Required Installations of Automatic Fire Extinguishing Systems. An automatic fire extinguishing system shall be installed and maintained in each occupancy, as required by the provisions of Section 903. 'Sections 903.2.1.1, 903.2.1.2, 903.2.1.3 and 903.2.1.4; amended to read as follows: 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout a fire area containing a Group A -1 occupancy, where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. The fire area contains a multitheater complex. 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-2 occupancy, where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet. 2. The fire area has an occupant load of 100 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-3 occupancy, where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-4 occupancy, where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor. other than a level of exit discharge serving such occupancies. "Section 903.2.8.3; added to read as follows: 903.2.8.3 Group R-1. An automatic sprinkler system shall be provided throughout buildings with a Group R -1 fire area, including all combustible concealed spaces and attic spaces. "Section 903.2.9.2; amended to read as follows: 903.2.9.2 Bulk storage of tires. Buildings and structures where the area for the storage of tires exceeds 10,000 cubic feet shall be equipped throughout with an automatic fire sprinkler system in accordance with Section 903.3.1.1. * *Section 903.2.9.3; added to read as follows: S:\Legal\Chp 29 International Fire Code,doc 903.2.9.3 Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. "Section 903.2.10; amended to read as follows: 903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.6 of the International Building Code. "Sections 903.2.11.7 and 903.2.11.8; added to read as follows: 903.2.11.7 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet, see Chapter 32 to determine if those provisions apply. 903.2.11.8 Spray Booths and Rooms. New spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. "Section 903.2.11.9; added to read as follows: 903.2.11.9 General. 1. An automatic sprinkler system shall be installed in all new buildings of noncombustible construction, (Type I & 11) including Group R-3, which exceed three stories in height or which have more than ten thousand (10,000) square feet of floor area regardless of fire area, area separation walls, or fire walls. 2. An automatic sprinkler system shall be installed in all new buildings of combustible construction, (Type 111, IV & V) including Group R-3, which exceed two stories in height or which have more than seven thousand five hundred (7,500) square feet of floor area regardless of fire area, area separation walls, or fire walls. 1 The owner(s) of any building shall be required to install an automatic sprinkler system at such time as the owner(s) constructs an addition or enlargement to the building if the total square footage of such addition, when combined with the total square footage of the existing building, exceeds ten thousand (10,000) square feet of noncombustible construction (Type I & 11) total floor area, regardless of fire area, area separation walls, or fire walls. 4. The owner(s) of any building shall be required to install an automatic sprinkler system at such time as the owner(s) constructs an addition or enlargement to the building if the total square footage of such addition, when combined with the total square footage of the existing building, exceeds seven thousand five hundred (7,500) square feet of combustible construction (Type III, IV & V) total floor area, regardless of fire area, area separation walls, or fire walls. "Section 903.3.1.1; amended to read as follows: 903.3.1.1 NFPA 13 Sprinkler Systems. Where the provisions of this code require a building, or portion thereof, to be equipped throughout with an automatic sprinkler system, sprinklers shall be installed throughout in accordance with N.F.P.A. 13, latest edition, except as provided in Sections 903.3.1.1.1, 903.3.1.2 and 903.3.1.3. * *Section 903.3.1.1.1; amended to read as follows: 903.3.1.1.1 Exempt locations. When approved by the fire code official, automatic sprinklers shall not be required in the following rooms or areas, where such rooms are protected with an approved fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be 12 S:\Legal\Chp 29 International Fire Code,doc omitted from any room merely because of damp conditions, fire-resistance-rated construction or the presence of electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire resistance rating of not less than 2 hours. 4. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by a wall with a fire resistance rating of not less than 1 hour and a floor/ceiling assembly with a fire-resistance rating of not less than 2 hours. 'Section 903.3.1.2; amended to read as follows: 903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R, latest edition, and as further restricted by section 903.1.2, with respect to exceptions or reductions permitted by other requirements of this code. "Section 903.3.5, amended to read as follows: 903.3.5 Water Supplies. Water supplies for automatic sprinkler systems shall comply with this section, the standards referenced in Section 903.3.1, and other applicable design standards and requirements. The potable water supply shall be protected against backflow in accordance with the requirements of this section and the International Plumbing Code. Every fire protection system shall be designed with a 10 psi safety factor. "Section 903.4, add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems, except for fire department hose connection valves, shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. "Section 903.4.2, add second paragraph to read as follows: The alarm device required on the exterior of the building shall be a weatherproof born/strobe notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the fire department connection. "Section 903.7, amended to read as follows: 13 S:\Lcga]\Cbp 29 international Fire Code.doe 903.7 Fire department connections. The fire department connection shall be provided in a location approved by the fire code official, within 50 feet of the fire lane and unobstructed. "Section 905.2; amended to read as follows: 905.2 Installation standards. Standpipe systems shall be installed in accordance with this section and NFPA 14, latest edition. "Section 905.3.9, added to read as follows: 905.3.9 Building area. In buildings exceeding 10,000 square feet in area per story, Class I automatic wet or manual wet standpipes shall be provided where any portion of the building's interior area is more than 200 feet of travel, vertically or horizontally, as the hose lies, from the nearest point of fire department vehicle access. Exception: Automatic dry and semiautomatic dry standpipes are allowed as specified in NFPA 14. "Section 905.4, item #5; amended to read asfollows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3 - percent slope), each standpipe shall be provided with a two-way hose connection located either on the roof or at the highest landing of stairways with stair access to the roof. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes. "Section 905.4, add the following item 7.- 7. When required by this Chapter, standpipe connections shall be placed adjacent to all required exits to the structure and at two hundred feet (200') intervals along major corridors thereafter, or as otherwise approved by the fire code official. 'Section 905.9; second paragraph added after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. "Section 906. 1, item #1; amended to read asfollows. 1. In Groups A,13, E, F, H, 1, M, R -1, R-2, R-4, S, and occupancies. "Section 907.1.4, added to read as follows: 907-1.4 Design Standards. All new and replacement fire alarm systems serving 20 or more alarm actuating devices shall be addressable fire alarm systems. * *Section 947.2.1; amended to read asfollows: 907-2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.6 shall be installed in Group A occupancies having an occupant load of 300 or more persons or more than 100 persons located above or below the lowest level of exit discharge. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for Group E occupancy. Activation of fire alarm notification appliances shall: 14 SALegal\Chp 29 International Fire Code.doc 1. Cause illumination of the means of egress with light of not less than I foot-candle (I I lux) at the walking surface level, and 2. Stop any conflicting or confusing sounds and visual distractions. * *Section 907.2..1.1; amended to read asjollows: 907.2.1.1 System initiation in Group A Occupancies with an occupancy load of three hundred (300) or more. Activation of the fire alarm in Group A Occupancies with an occupancy load of three hundred (300) or more shall immediately initiate a signal using an approved emergency voice /alarm communications system in accordance with Section 907.6.2.2. Exception: When approved, the prerecorded announcement is allowed to be manually deactivated for a period of time, not to exceed three (3) minutes, for the sole purpose of allowing a live voice announcement from an approved, constantly approved station. "Section 907.2.3; amended to read as follows: 907.2.3 Group E. A manual fire alarm system that initiates the occupant notification signal utilizing an emergency voice/alarm communication system meeting the requirements of Section 907.5.2.2 and installed in accordance with Section 907.6 shall be installed in Group E occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. "Section 907.2.13; amended to read as follows: 907.2.13 High-rise buildings. Buildings with floors used for human occupancy that are located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access shall be provided with an automatic smoke detection in accordance with 907.2.13.1, a fire department communications system in accordance with Section 907.2.13.2 and an emergency voice/alarm communications system in accordance with Section 907.6.2.2. **Section 907.2.13, exceptions #1 -6 are deleted. 'Section 907.4.2.7, added to read as follows: 907.4.2.7 Type. Manual alarm initiating devices shall be an approved double action type. **Section 907.6.1.1; added to read asfallows: 907.6.1.1 Wiring Installation. All fire alarm systems shall be installed utilizing Class "A" wiring for all signaling, initiating, and indicating circuits. Class "A" wiring shall be designed to comply with NFPA 72. "Section 907.6.3.2; amended to read as follows: 907.6.3.2 High-rise buildings. Buildings with floors used for human occupancy that are located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access shall establish separate zones by floor for any of the following types of alarm- initiating devices: 1. Smoke detectors 2. Sprinkler water-flow devices 15 S:\Lcgal\Chp 29 International Fire Code.doc 3. Manual fire alarm boxes 4. Other approved types of automatic fire detection devices or suppression systems. "Section 910.1 Exception #2; amended to read as follows: 2. Where areas of buildings are equipped with early suppression fast-response (ESFR) sprinklers, only manual smoke and heat vents shall be required in these areas. Automatic smoke and heat vents are prohibited. **Section 91'2.2.3; added to read as follows: 912.2.3 Hydrant distance. An approved fire hydrant shall be located within 100 feet of the fire department connection as the fire hose lays along an unobstructed path, or as approved by the fire code official. "Section 913.4: second paragraph added to read as follows: The fire-pump system shall also be supervised for "loss of power", "phase reversal" and "pump running" conditions by supervisory signal on distinct circuits. "Chapter 10. Sections 1001 through 1029, replace all references to 'Tire code official" with "building official". "Section 1007.1; added the following Exception 4: Exceptions: (previous exceptions unchanged) 4. Buildings regulated under State Law and built in accordance with State registered plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of Section 1007. 'Section 1007, 5; Plqform lifts, amended to read asfollows: 1007.5 Platform lifts. Platform (wheelchair) lifts . .. required accessible route in Section 1109. , Items I through 10. Standby power. . {remainder unchanged) "Section 1008.1.4.4; amended deleting criteria #4 and 5: 1008.1.4.4 Access-controlled egress doors. The entrance doors in a means of egress in buildings with an occupancy in Group A, B, E, M, R -1 or R-2 and entrance doors to tenant spaces in occupancies in Groups A, B, E, M, R-1 and R-2 are permitted to be equipped with an approved entrance and egress access control system which shall be installed in accordance with all of the following criteria: 1. A sensor shall be provided on the egress side arranged to detect an occupant approaching the doors. The doors shall be arranged to unlock by a signal from or loss of power to the sensor. 2. Loss of power to that part of the access control system which locks the doors shall automatically unlock the doors. In S:\Legal\Chp 29 Intemational Fire Code.doc 3. The doors shall be arranged to unlock from a manual unlocking device located 40 inches to 48 inches (1016 mm to 1219 mm) vertically above the floor and within 5 feet (1524 mm) of the secured doors. Ready access shall be provided to the manual unlocking device and the device shall be clearly identified by a sign that reads "PUSH TO EXIT." When operated, the manual unlocking device shall result in direct interruption of power to the lock—independent of the access control system electronics—and the doors shall remain unlocked for a minimum of 30 seconds. {Delete #4 and 45) 6. Entrance doors in buildings with an occupancy in Group A, B, E or M shall not be secured from the egress side during periods that the building is open to the general public. 17 S:\Legal\Chp 29 International Fire Code.doc "Section 1008.1.9.4, amended exceptions 3 and 4 as follows: Exceptions: 1. Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F, M or S occupancy, {Remainder unchanged} 4. Where a pair of doors serves a Group A, 13, F, M or S occupancy. f Remainder unchanged} * *Section 1008.1.9.9, amended to read as follows: 1008.1.9.9 Electromagnetically locked egress doors. Doors in the means of egress in buildings with an occupancy in Group A, B, E,1 -1, 1-2, M, R -1 or R-2 and doors to tenant spaces in Group A, 13, E, 1-1, 1-2, M, R-1 or R-2 shall be permitted to be electromagnetically locked if equipped with listed hardware that incorporates a built-in switch and meet the requirements below: {remaining text unchanged) * *Section 1015; added new section 1015.7 to read asfollows: 1015.7 Electrical Rooms. For electrical rooms, special exiting requirements may apply. Reference the electrical code as adopted. "Section 1016; added new section 1016.2.2 to read as follows: 1016.2.2 Group F-1 and S-1 increase. The maximum exit access travel distance shall be 400 feet (122 in) in Group F -1 or S -1 occupancies where all of the following are met: 1. The portion of the building classified as Group F-1 or S- I is limited to one story in height; 2. The minimum height from the finished floor to the bottom of the ceiling or roof slab or deck is 24 feet (7315 mm); and 3. The building is equipped throughout with an automatic fire sprinkler system in accordance with Section 903.3.1.1. "Section 1018.1; added exception 6 to read as follows: {previous text unchanged) 6. In Group B office buildings, corridor walls and ceilings within single tenant spaces need not be of fire-resistive construction when the tenant space corridor is provided with system smoke detectors tied to an approved automatic fire alarm. The actuation of any detector shall activate alarms audible in all areas served by the corridor. "Section 1022.10: amended to read as follows: Section 1022.10 Smokeproof enclosures and pressurized stairways. Each exit that serves building stories where the floor surface is located more than 55 feet above the lowest level of fire department vehicle access or more than 30 feet below the level of exit discharge serving such floor levels shall be a smoke proof enclosure or pressurized stairway in accordance with Section 909.20 of the International Building Code. 18 S:\Lega]\Chp 29 International Fire Code.doc, "Section 1026.6, amended exception 4 to read as follows: Exceptions: (Exceptions I through 3 unchanged) 4. Separation from the open-ended corridors of the building... (remaining text unchanged) **Section 1028.1.1.1; deleted. "Section 1029.1; amended to read asjollows: 1029.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue openings in Group R and I -1 occupancies. (Remainder unchanged) Exceptions: {Exceptions I through 3 unchanged. } 4. In other than Group R-3 occupancies, buildings equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3. 1.1 or 903.3.1.2. "Section 1030.2; amended to read as follows: 1030.2 Reliability. Required exit accesses, exits and exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency. An exit or exit passageway shall not be used for any purpose that interferes with a means of egress. "Section 1101.1; amend to read as follows: 1101.1 Scope. The provisions of this chapter shall apply to existing buildings constructed prior to the adoption of this code when an alteration, repair, addition, change of occupancy, or change of ownership occurs or if a proposed use poses an increased hazard based on life and fire risks. "Section 1103.3; added sentence to end of paragraph as follows: Provide emergency signage as required by Section 607.2. "Section 23033, item 04, amended to read as follows: 4. Such that a nozzle, when the hose is fully extended, will not reach within 10 feet (3,048 mm) of building openings. "Section 2304.1; amended to read as follows: 2304.1 Supervision of dispensing. The dispensing of fuel at motor fuel- dispensing facilities shall be in accordance with the following: 1. Conducted by a qualified attendant; and/or, 2. Shall be under the supervision of a qualified attendant; and/or 3. Shall be an unattended self-service facility in accordance with Section 2304.3. 19 S:\Legal\Chp 29 Intemational Fire Code,doc At any time the qualified attendant of item Number I or 2 above is not present, such operations shall be considered as an unattended self-service facility and shall also comply with Section 2304.3. "Section 2401.2, deleted this section. 'Table 3206.2, footnotej, amended to read as follows: j. Where areas of buildings are equipped with early suppression fast-response (ESFR) sprinklers, manual smoke and heat vents or manually activated engineered mechanical smoke exhaust systems shall be required within these areas. **Section 3310.1; add sentence to end of paragraph to read as follows: When fire apparatus access roads are required to be installed for any structure or development, they shall be approved prior to the time of which construction has progressed beyond completion of the foundation of any structure. "Section 5601.1.3, amended to read as follows: 5601.1.3 Fireworks. Except as provided otherwise herein, no person shall possess, store, offer for sale, expose for sale, sell at retail, manufacture, use or explode any fireworks within the city limits, or within five thousand feet (5,000 ft) (1,524 in) thereof. Exceptions: 1. Only when approved for fireworks displays, storage and handling of fireworks as permitted in Sections 5604 and 5608. 2. The use of fireworks for approved display as permitted in Section 5608. "Section 5608.5.6; amend by the addition of the following section: Section 5608.5.6 Marking of Shell. Each aerial shelf shall have printed directly on its outer casing the following minimum warning 118-inch high letters, which contrast to the background WARNING EXPLOSIVES CLASS " IAG or 1.3G" FIREWORK DO NOT HANDLE- CALL "911 "Section 5608.11: added to read as follows: Section 5608.11 Ignition. Aerial shells shall be ignited by lighting the lips of fuses by an electrical ignition source, except when manual ignition is approved by the Fire Marshal. Operators shall not place any part of their bodies over the throat of the mortar. "Section 5703.6; sentence added to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. "Section 5704.2.9.5, change Section 5704.2.9.5 and add Section 5704.2.9.5.3 to read as follows: 5704.2.9.5 Above-ground tanks inside of buildings.' Above-ground tanks inside of buildings shall comply with Section 5704.2.9.5.1 and 5704.2.9.5.2 through 5704.2.9.5.3. 5704.2.9.5.1 {No change.) K11 SALega11Chp 29 International Fire Code.doe 5704.2.9.5.2 (No change.) 5704.2.9.5.3 Combustible liquid storage tanks inside of buildings. The maximum aggregate allowable quantity limit shall be 3,000 gallons (11 356 L) of Class 11 or III combustible liquid for storage in protected aboveground tanks complying with Section 5704.2.9.7 when all of the following conditions are met: 1. The entire 3,000 gallon (11 356 L) quantity shall be stored in protected above- ground tanks; 2. The 3,000 gallon (11 356 L) capacity shall be permitted to be stored in a single tank or multiple smaller tanks; 3. The tanks shall be located in a room protected by an automatic sprinkler system complying with Section 903.3.1.1; and 4. Tanks shall be connected to fuel- burning equipment, including generators, utilizing an approved closed piping system. The quantity of combustible liquid stored in tanks complying with this section shall not be counted towards the maximum allowable quantity set forth in Table 5003.1.1(1), and such tanks shall not be required to be located in a control area. Such tanks shall not be located more than two stories below grade. 'Section 5704.2.11.5, added a sentence to read as follows: 5704.2.11.5 Leak prevention. Leak prevention for underground tanks shall comply with Sections 5704.2.11.5.1 through 5704.2.11.5.3. An approved method of secondary containment shall be provided for underground tank and piping systems. "Section 5706.3.9; added to read as follows: 5706.3.9 Permit required. An operational permit is required prior to drilling and operating a gas well. An operational permit related to a gas well located within the corporate limits of the City of Denton shall not be issued unless and until a gas well permit has been issued in accordance and compliance with all ordinances of the City of Denton, Texas, including without limitation, Subchapter 22 of the Denton Development Code of the City of Denton, Texas. 'Section 5706.3.10; added to read as follows: 5706.3.10 Fire Protection. Drilling and Production Sites shall be equipped with a lightning protection system. In addition, tank battery facilities shall be equipped with a remote foam line and a lightning arrestor system approved by the fire code official. "Section 6103.2.1.5; sentence added to read as follows: Standby personnel shall be present during demonstrations. SECTION 2. The fees provided for in Section 106 of the code adopted by Section I of this ordinance shall be as follows: 1. Follow-Up (Re-inspection) Inspection Fees provided in Section 106: Interior Square Footage Fee I to 3,000 $25.00 3,001 to 24,000 $50.00 24,001+ $100.00 21 SALegaRChp 29 International Fire Code.doc If follow-up inspections (re-inspection) are required because the violation has not been corrected, the following fees shall be charged: I to 3,000 $50.00 3,001 to 24,000 $100.00 24,001+ $200.00 2. The fee for an operational permit required under Section 105.6 of the Fire Code shall be $200.00 per permit. A fee of $25.00 shall be assessed for each reinspection associated with an operational permit. 3. The fee for a construction permit required under Section 105.7 of the Fire Code shall be $200.00 per permit. A fee of $25.00 shall be assessed for each reinspection associated with a construction permit. 4. A fee of $35.00 shall be assessed for each witnessed inspection of automatic extinguishing systems (Hood Suppression Systems), automatic fire suppression systems, and automatic fire alarm systems conducted pursuant to Section 901.6.1. 5. A permit fee for a temporary sales or display booth in covered malls, conducted pursuant to Section 105.6.9 of the Fire Code, shall be $35.00. A fee of $25.00 shall be assessed for each reinspection associated with a temporary sales or display booth permit. 6. A permit fee of $100.00 per permit per day shall be assessed for an open burning permit issued under Section 105.6.30 of the Fire Code for noncommercial applications only. 7. A permit fee of $35.00 shall be assessed for a temporary tent permit issued under Section 105.6.43 of the Fire Code. A fee of $25.00 shall be assessed for each reinspection associated with a tent permit. 8. A fee of $25.00 shall be assessed for each reinspection associated with a certificate of occupancy application and fire finals associated with a building permit. SECTION 3. Any person who violates a provision of this ordinance shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. The repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit 22 S:\Legal\Chp 29 International Fire Code.doc or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of this passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of its passage. PASSED AND APPROVED this the day of 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I. IN I I - =-I --- Sul A11019rilulp 1(4"W 'A F. . • 11H % No 23 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -476, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Parks and Recreation CM/ ACM: John Cabrales, Jr. Date: July 21, 2015 SUBJECT Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute a Contract of Sale (herein so called), as attached thereto and made a part thereof as Exhibit "A ", by and between the City of Denton, (the "City ") and Jeffrey Craig Cook, individually and as Independent Administrator of the Estate of Herschell D. Cook, deceased (referred to collectively herein as "Seller "), regarding the sale and purchase of fee simple to a tract of land lying and being situated in the City and County of Denton, State of Texas, and being a part of Lot No. Three (3), Block Twenty (20) of the Original Town of Denton, an addition to the City of Denton, Denton County, Texas, located generally in the 100 block of Industrial Street in the City of Denton, Denton County, Texas, as more particularly described in the Contract of Sale, (the "Property Interests "), for the purchase price of One Hundred Thirty Seven Thousand Five Hundred Dollars and No /100 ($137,500.00), and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Industrial Park Property Acquisition project: Cook) BACKGROUND This park will serve as a connector between the Williams Trade Square parking lot and Industrial Street. Design concepts include a small stage, trees, and landscape plantings, plus an interactive water spray area and seating. Approval of the subject ordinance authorizes execution of the Contract of Sale by the City to acquire the land rights necessary to secure the undeveloped tract. This tract has been identified as downtown green space to be designated as park land. OPTIONS 1. Approve the proposed Ordinance 2. Decline to approve the proposed Ordinance 3. Table for future consideration RECOMMENDATION Recommend approval of the Ordinance City of Denton Page 1 of 2 Printed on 7/16/2015 File #: ID 15 -476, Version: 1 PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 16, 2015 - Executive Session, briefed City Council FISCAL INFORMATION The Industrial Park Property Acquisition Project is being funded with Park Dedication Funds (915). BID INFORMATION Not applicable F,XHIRITS 1. Location Map 2. Ordinance (Contract of Sale attached) Respectfully submitted: Emerson Vorel Director, Parks and Recreation Prepared by: LuAnne Oldham Real Estate Specialist City of Denton Page 2 of 2 Printed on 7/16/2015 Q J O a0 PARKWAY Location Map O N PARKWAY MCKINNEY -Z PECAN g 4 O OAK Courthouse o J Q HICKORY 'L Location of Cook Tract x C STROUD z 3 U K W a g J W PRAIRIE N Industrial Park Property Acquisition Project w E Jeffrey Cook, 108 Industrial St. Denton, TX CITY OF S 175 87.5 0 175 350 525 Exhibit 1 to the CC AIS Feet DENTON ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONTRACT OF SALE (HEREIN SO CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A ", BY AND BETWEEN THE CITY OF DENTON, (THE "CITY ") AND JEFFREY CRAIG COOK, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF HERSCHELL D. COOK, DECEASED (REFERRED TO COLLECTIVELY HEREIN AS "SELLER "), REGARDING THE SALE AND PURCHASE OF FEE SIMPLE TO A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY AND COUNTY OF DENTON, STATE OF TEXAS, AND BEING A PART OF LOT NO. THREE (3), BLOCK TWENTY (20) OF THE ORIGINAL TOWN OF DENTON, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, LOCATED GENERALLY IN THE 100 BLOCK OF INDUSTRIAL STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE CONTRACT OF SALE, (THE "PROPERTY INTERESTS "), FOR THE PURCHASE PRICE OF ONE HUNDRED THIRTY SEVEN THOUSAND FIVE HUNDRED AND NO/ DOLLARS AND NO CENTS ($137,500.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE CONTRACT OF SALE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and necessity and the public use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized (a) to execute for and on behalf of the City (i) the Contract of Sale, by and between the City and Owner, in the form attached hereto and made a part hereof as Exhibit "A ", with a purchase price of $137,500.00, as prescribed in the Contract of Sale; and (ii) any other documents necessary for closing the transactions contemplated by the Contract of Sale; and (b) to make expenditures in accordance with the terms of the Contract of Sale. SECTION 2. 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 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12015. PASSED AND APPROVED this the day of 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: I rk -7-,-,-, Page 2 EXHIBIT "A" to Ordinance - Property Interests STATE OF TEXAS 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 "Conti-act") 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 Jeffrey Craig Cook, individually and as Independent Administrator of the Estate of Herschell D. Cook, deceased (referred to collectively herein as "Seller") and the City of Denton, 'I"exas, a Lome Rule Municipal Corporation of Denton County, Texas (referred to herein as "Buyer"). RECITALS WIIEREAS, Seller owns that certain tract of land being more particularly described on Exhibit "A", attached hereto and rnade a part hereof for all purposes, being located in Denton County, Texas (the "..,and "); and WI-IEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, the [,and, 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, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. EXHIBIT "A" to Ordinance - Property Interests ARTICLE 11 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 Thirty Seven Thousand Five Hundred and No/100 Dollars ($137,500.00) (the "Purchase Price"). 2.02 Earnest Money. Buyer shall deposit the sum of Five Thousand and No/100 Dollars ($5,000.00), as Earnest Money (herein so called) with Title Resources, 525 South I.00p 288, Suite 125, Denton, Texas, 76205-4515 (the "Title Company"), as escrow agent, within fourteen (14) calendar days after 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, 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"). EXHIBIT "A" to Ordinance - Property Interests (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 and other matters provided in items 1-4, 6, 7a, 8, 10 and 1.1 of Table A of the ALTA Minimum Standard Detail Requirements. 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. Notwithstanding the Survey of the Property, the Purchase Price for the Property, as prescribed by Section 2.01, above, shall not be adjusted in the event the Survey shall determine the Property to be either larger or smaller than that depicted in Exhibit "A", attached hereto. 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 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, as may be extended by Buyer, in its sole discretion, then Buyer has the option of either: (a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller EXHIBIT "A" to Ordinance - Property Interests 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. 3.05 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 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", unless otherwise agreed by Buyer; (d) no liens will be shown on Schedule B. 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 forty five (45) calendar days thereafter (the "Absolute Review Period"), based on such appraisals, 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, EXHIBIT "A" to Ordinance - Property Interests 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, if requested by 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: (a) Deleted. (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 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. (g) 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 EXHIBIT "A" to Ordinance - Property Interests finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (h) 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, including without limitation, all personal property of any such tenants or parties, on or before the date of Closing. (i) 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) 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: 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"). (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 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, or claims related thereto, 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 EXHIBIT "A" to Ordinance - Property Interests 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. (d) On or before Closing, Seller shall remove (i) any waste material or debris that are located upon, or may accumulate or otherwise be placed on the Property (the "Waste Material"), from the Property and dispose of same in accordance with all applicable statutes, regulations, rules, orders and ordinances; and (ii) all personal property from the Property. It is expressly Stipulated that (i) the Waste Material shall be deemed at all times the property of Seller; and (ii) Buyer may retain, destroy, or dispose of any property, of any kind or type, left or remaining on the Property at Closing (the "Abandoned Property"), without liability of any kind to Buyer and without payment of consideration of any kind to Seller. In the event Buyer shall elect to store said Abandoned Property, Buyer may store such Abandoned Property in the name, and at the expense, of Buyer. 5.02.A. Warranty of Buyer; Property Condition. Buyer represents and warrants to Seller that it has made, or will make prior to Closing, an independent inspection and evaluation of the Property and acknowledges that Seller has made no statements or representations concerning the present or future value of the Property, or the condition, including the environmental condition, of the Property. Except as otherwise specifically represented and warranted by Seller in this Contract, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, STATUTORY, OR IMPLIED, AS TO THE VALUE, QUALITY, QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR. HISTORIC USE OF "rl--IE PROPERTY, AND/OR MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY. Buyer further acknowledges that it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent evaluations and studies based thereon. Seller makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Buyer, if any, whether furnished by Seller or any third party. Seller assumes no liability for the accuracy, completeness or usefulness of any material furnished by Seller, if any, and/or any other person or party. Reliance on any material so furnished is expressly disclaimed by Buyer, and shall not give rise to any cause, claim or action against Seller. THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS", "AS IS", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY, EXPRESSED, STATUTORY OR IMPLIED, AS TO THE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR h EXHIBIT "A" to Ordinance - Property Interests UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, THE QUALITY, QUANTITY AND VALUE OF THE PROPERTY, OR FITNESS FOR PURPOSE OR MERCTIANTABIIJTY. 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Seller and Buyer contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a). ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, all of the following shall have occurred: (a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and (b) Seller cures or Buyer waives in writing, within the time periods specified in Article 111, all of Buyer's objections made in accordance with Article 111. 6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants and agreements of Seller contained in this Contract are true and correct or have been performed, as applicable, as of the Closing Date, except where specific reference is made to another date. 6.03 Adverse Change. Buyer is not obligated to perform Linder 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 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 8 EXHIBIT "A" to Ordinance - Property Interests 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 V11 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 eighty (80) 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 111, Section 3.05; (ii) The Special Warranty Deed, substantially in the form as attached hereto as Exhibit "B", 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 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 11, 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. EXHIBIT "A" to Ordinance - Property Interests The following item shall be adjusted or prorated between Seller and Taxing Authority 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 and submitted by Seller to the Denton County Tax Assessor as of the Closing Date. Ad valorem tax for the calendar year in which the Closing shall occur shall be tendered under Texas Property Tax Code 5ection 26.11. 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. 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 all other fees, costs and expenses related to Closing. 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 EXHIBIT "A" to Ordinance - Property Interests remedies for the default, may, at Buyer's sole option, 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. 8.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Article V11, Section 7.02(b) of this Contract for 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 remedy for the default, may, at Seller's sole option, 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. ARTICLF, 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 and received, 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: Jeffrey Craig Cook, individually and as Independent Administrator of the Estate of Flerscliell D. Cook, deceased Copies to: BUYER: City of Denton Paul Williamson Real Estate and Capital Support 901 -A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 For Seller: For Buyer: Larry Collister, Deputy City Attorney City Attorney's Office Telecopy: EXHIBIT "A" to Ordinance - Property Interests 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 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. TFI Is CONTRACT IS PERFORMABLE IN, AND THE EXCI..USIVE VENUE FOR ANY ACTION BROUGHT wrrII RESPECT HERETO, SHALL LIE IN DENTON COUNTY, TEXAS. 9.03 Entirely 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 devisees, heirs, 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 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 (i) in the case of damage, all insurance proceeds, if any; and (ii) in the case of eminent domain, all proceeds paid for the Property related to the eminent domain proceedings. Buyer shall have 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 to 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 V11, above, and there shall be assigned by Seller to Buyer at Closing, in form and substance satisfactory to Buyer, 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. 12 EXHIBIT "A" to Ordinance - Property Interests 9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated tmbe performed, executed and/or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and/or deliver, nr cause tobo performed, cmcuutcd end/or delivered at the Closing or after the Closing, any further deeds, acts, and ommurauucm as are reasonably necessary to consummate the transactions contemplated hereby. Notwithstanding anything 1w the contrary contained iu this Contract and vvidbooi limiting the gcocru\ application of the provisions of Section 5.03, above, the provisions mf this Article IX, Section 9.06 shall survive Closing. 9.07 Time i»wf the Essence. Uia expressly agreed between Buyer and Seller that time is of the essence with respect tothis 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 aKAuthority. Authority 10 take any actions that are 10 be, ormay be, taken by Buyer Linder this Contract, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action hy the City Council of Denton, Texas, to Ross Chadwick, Fire Chief 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 [)u10 or the date of such performance, as the ommn may be, ahu\| be the next following regular business day. 6 / Craig Cook, Independent Administrator Estate of flerschell D. Cook, deceased Executed by Seller mnthe a, b �� day of 2015. 13 EXHIBIT "A" to Ordinance - Property Interests By: GEORGE C. CAMPBELL, CITY MANAGER Executed by Buyer on the -- day of 2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY Cm APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY mm 14 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 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: Reunion Title 2745 Wind River Lane Denton, Texas WE Printed Name: Title: Contract receipt date: 12015 EXHIBIT "A" to Ordinance - Property Interests EXHIBIT "A" to Contract of Sale Legal Description All that certain lot, parcel or tract of land lying and being situated in the City and County of Denton, State of Texas, and being a part of Lot No. Three (3), Block Twenty (20) of the Original Town of Denton, and BEGINNING at the Southeast comer of said Lot No. Three (3) on the east line of Industrial (formerly known as Bois d' Arc Street); THENCE West 80 feet to a stake for corner; THENCE North 58 feet to a stake for corner; THENCE East 80 feet to a stake on the East line of said Lot No. Three (3); THENCE South 58 feet to the point of beginning, and being the South 58 feet of a lot of land out of said Lot No Three (3) conveyed by W. T. Bolton and wife, Leta Bolton to J. A. Cook by deed dated March 28, 1925, riled for record April 2, 1925, recorded in Volume 196, at Page 356, Deed Records, Denton County, Texas. 16 o I I I I I I I I I o I I I - � � � � � � � � � � � � .................... ... . ..................... . ...... --- EXHIBIT "A" to Ordinance - Property Interests EXHIBIT "B" TO CONTRACT OF SALE NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That Jeffrey Craig Cook, individually and as Independent Administrator of the Estate of Herschell D. Cook, deceased (herein collectively called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLI..,ARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the City of Denton, Texas, a Texas I-lome Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELI., and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described 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"). Exceptions to conveyance and warranty: 17 EXHIBIT "A" to Ordinance - Property Interests [Insert Permitted Exceptions, if any] Grantor hereby assigns to Grantee, without recourse or representation, any and all claims and causes of action that Grantor may have for or related to any defects in, or injury to, the Property. Grantee represents and warrants to Grantor that it has made an independent inspection and evaluation of the Property and acknowledges that Grantor has made no statements or representations concerning the present or future value of the Property, or the condition, including the environmental condition, of the Property. Except as otherwise specifically represented and warranted by Grantor herein and in that certain Contract of Sale, dated _, 2015, by and between Grantor and Grantee, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES EXPRESSED, STATUTORY, OR IMPLIED, AS TO THE VALUE, QUALITY, QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, AND/OR MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY. Grantee further acknowledges that it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent evaluations and studies based thereon. Grantor makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Grantee, if any, whether furnished by Grantor or any third party. Grantor assumes no liability for the accuracy, completeness or usefulness of any material furnished by Grantor, if any, and/or any other person or party. Reliance on any material so furnished is expressly disclaimed by Grantee, and shall not give rise to any cause, claim or action against Grantor. THE CONVEYANCE OF THE PROPERTY IS ON A "WHERE IS", "AS IS", AND ,WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY, EXPRESSED, STATUTORY OR IMPI..,IED, 18 EXHIBIT "A" to Ordinance - Property Interests AS TO THE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF TFIE PAST OR HISTORIC USE OF TILE PROPERTY, THE QUALITY, QUANTITY AND VALUE OF Tf-IE PROPERTY, OR FITNESS FOR PURPOSE OR MERCHANTABILITY. 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 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 2015 Jeffrey Craig Cook Jeffrey Craig Cook, Independent Administrator of the Estate of I-lerschell D. Cook, deceased ACKNOWLEDGMENT TI--lE STATE OF § COUNTY OF § This instrument was acknowledged before me on , 2015 by Jeffrey Craig Cook, Individually and as Independent Administrator of the Estate of Flerschell D. Cook, deceased. Notary Public, State of My commission expires: IN EXHIBIT "A" to Ordinance - Property Interests Upon Filing Return TO: The City of Denton- Engineeri n g Attn: Paul Williamson 901 -A Texas Street Denton, TX 76209 20 Property Tax Bills'Fo: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 EXHIBIT "A" to Ordinance - Property Interests Exhibit "A" To Special Warranty Deed I..egal Description All that certain lot, parcel or tract of land lying and being situated in the City and County of Denton, State of Texas, and being a part of Lot No. Three (3), Block Twenty (20) of the Original Town of Denton, and BEGINNING at the Southeast corner of said Lot No. Three (3) on the east line of Industrial (formerly known as Bois d' Arc Street); THENCE West 80 feet to a stake for corner; THENCE North 58 feet to a stake for corner; THENCE East 80 feet to a stake • the East line of said Lot No. Three (3); THENCE South 58 feet to the point of beginning, and being the South 58 feet of a lot of land out of said Lot No Three (3) conveyed by W. T. Bolton and wife, Lela Bolton to J. A. Cook by deed dated March 28, 1925, filed for record April 2, 1925, recorded in Volume 196, at Page 356, Deed Records, Denton County, Texas. W City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: S115 -0015, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: Jon Fortune Date: June 16, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas to adopt the 2012 International Building Code (IBC), the 2012 International Residential Code (IRC), the 2012 International Plumbing Code (IPC), the 2012 International Mechanical Code (IMC), and the 2012 International Fuel Gas Code (IFGC) as amended by the City providing a penalty for violation; providing for severability; repealing all ordinances in conflict therewith; and providing an effective date. BACKGROUND The current 2009 building codes, as amended, were adopted on September 11'', 2012. The 2012 International Codes were published by the International Code Council (ICC) in the first quarter of 2012. Upon publication, the various building code boards of the North Central Texas Council of Governments (COG) reviewed the Codes and recommended several amendments to the Codes. The COG amendments were then published to the municipalities within this 16- county North Central Texas region for consideration of adoption. The City of Denton Building Inspections staff began reviewing the COG amendments in the first quarter of 2014 anticipating adopting the code in early 2015. On November 12, 2014, the amended 2012 International Building Codes were presented to approximately 80 area professionals including builders, contractors, plumbers, mechanical contractors, architects, and engineers. The presentation highlighted the most significant changes from the 2009 Codes to the 2012 version of the Building Codes, which were received well by the attendants. The proposed 2012 Building Codes and the proposed amendments are posted on the Building Inspections webpage. On November 20, 2014, the draft ordinance of the 2012 Building Codes was presented to the Health and Building Standards Commission (HaBSCo) along with the presentation given to the contractors. The HaBSCo commissioners voted 6 -1 to recommend adoption. On February 17, 2015, the draft ordinance of the 2012 Building Codes was presented to the City Council at a work session. At that time, Council raised several questions which I have outlined below. I have provided an attachment which should answer the following questions. City of Denton Page 1 of 2 Printed on 7/16/2015 File #: S115 -0015, Version: 1 Question #1 Can we amend the International Energy Conservation Code (IECC) to allow for replacement fenestration (windows and doors) to meet less stringent requirements than those for new construction? Question #2 Does the Building Official have the authority to make decisions based upon situations where compliance with the code is impractical? Question #3 What are the potential costs associated with compliance with the revised requirements in section 1013.8 of the 2012 International Building Code (IBC) for opening limiting devices? OPTIONS 1. Request more information about the 2012 Building Codes 2. Postpone consideration 3. Table item for future consideration RECOMMENDATION Staff recommends that the City Council adopt the 2012 International Building Code, Residential Code, Plumbing Code, Mechanical Code, and the Fuel Gas Code along with staff recommended amendments. FISCAL INFORMATION Staff does not anticipate any fiscal impact as a result of adopting this code. FYHIRITC 1. Power Point Presented to Contractors and HaBSCo 2. Answers to Council's questions from Work Session 3. Pricing list for opening limiting devices 4. 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Ln rz . s W 4"a >_ U.- 4-J cCfV�VC�4 -JU iJ , cct cct '''-' V O 'i�dJCn�� s0-- �����rz �:3 �ctt0M4 -J> M"._0 � / � �} }�� ( \ � x \� � k\ � �\ � \ (�� � � (�� � � � � � \ � � }�{ :�: ( 2� e \� z � } .� ^� P1 0 rq M •- s Ln .§ • dJ (v V V co V Ln � O • � � c � co 0 O V E .. s O s� Zz � Ln �� O •� co0 o �� �Q0 V O u .,� O � a� cn — X p v E v � v ss , o ..�s 07 cn o -0 Ln -0 wo �, -0 (V 4-J � � Co in 4-a ro v4 O 0-0 0 -p O WMEMM •> 0- O (•.- c� .��.�'.� dJLn vv >o CZ vV� mv V� m._MLA cctmmr rmwm c� 00 o6 > rq (31 r— N M 111 � LA to d-r O a � > a 61- y— V W W O (1) 4-' U Ln O _ O_ LL a a � it ,, If. ,, i� i�� ,;_. i i Answers to Questions Posed By City Council at February 17, 2015 Work Session Question #1 Can we amend the International Energy Conservation Code (IECC) to allow for replacement fenestration (windows and doors) to meet less stringent requirements than those for new construction? The limiting facto^ on any amendments to the IECC is the fact that the City of Denton is located in an Enviromnental Protection Agency designated ozone non - attainment area. Per state law, any municipality which is located within a non - attainment area who desires to adopt amendments to the IECC must submit those amendments to the Energy Systems Laboratory (ESL) at Texas A &Mfor evaluation and they must conclude that the amendments will be at least as stringent as the version of the code currently adopted by the State. The State of Texas has adopted the 2009 version of the IECC. The pe�^forfinance requirements for windows found in the 2009 IECC are .50 fog^ U facto^ and .30 fog^ Solar Heat Gain Co- efficient as compared to .35 fog^ U facto^ and .25 for Solar Heat Gain Co- efficient in the 2012 IECC. Staff feels confident in the fact that we could set the perforfinance factors for window replacements at the levels required in the 2009 IECC without having to submit this amendment to the ESL. However, this amendment would only be effective until the State of Texas adopted a newer version of the IECC. At that time this amendment would no longer meet the stringency r^equir^einents. Question #2 Does the Building Official have the authority to make decisions based upon situations where compliance with the code is impractical? Under section 104.10 of the 2012 International Building Code (IBC) it states "Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the departinent of building safety. " This section does allow the Building Official to make decisions based upon impractical situations. However, the 2012 IBC Commentary clearly states that "Such modifications do not, however, extend to actions that are required to correct violations of the code. In other words, a code violation or the expense of correcting one cannot constitute a practical difficulty. " Below are 2 examples of these types of modifications: Example 1: A stairway in an apartinent complex has a single handrail. It has deteriorated to the point that it will require reconstruction of the stairway. The current IBC requires handrails on both sides of a stairway. However, the installation of the additional handrail would encroach upon the required exit width of the stairway. The only way to widen the stairs would be to remove a load bearing wall. In this instance, removing the wall would be impractical and allowing the hand rail to encroach into the required exit width would constitute a life safety hazard. Therefore it would be impractical to require the additional handrail. Example 2: A building on the square, which was constructed in the 1930's has afire escape as it's only available pathway to meet the requirements of a second means of egress frrom the upper floors of the building. Due to the fact that the building is constructed on the property line on all sides there is no way to provide a full exterior exit stairway, and the structure of the building is such that an additional interior stair is not structurally feasible in order to meet the requirements of the current code. In consultation with the Fire Department, the Building Official agrees that the fire escape will be allowed to continue to function as the required second means of egress as long as the applicant agrees to install a sprinkler system in the existing building to control any potential fire event and lessen the impacts of afire on the occupants ability to exit the building. Question #3 What are the potential costs associated with compliance with the revised requirements in section 1013.8 of the 2012 International Building Code (IBC) for opening limiting devices? As to your questions concerning the costs associated with the opening limiting or opening protective devices which would become more prevalent for multi family developments due to the change in sill height requirements in the 2012IBCf oin 24" to 36 ", I have attached pricing lists for your review. As you will see, the prices for these types of systems range from $4.25 per window for opening limiting devices up to $200 plus per window for opening protective devices, depending upon the type of system desired. The more expensive opening protective devices are used mainly in those climates where windows may be the only fog in of ventilation for summer cooling of dwelling units. In those climates, having the ability to fully open windows for ventilation, necessitates the installation of the bar type protective devices to protect children when the windows are left in the fully open position for extended periods of time. The only requirement of the Code is that the opening limiting device or opening protective device must meet ASTM f2090 10 specifications. The simple $4.25 window stops are compliant with ASTM f2090 10 and can be even cheaper when ordered in bulk. Opening limiting devices are the types of devices we currently see used in our area. The installation of these types of devices could potentially add approximately $10 to the cost of new windows. Keep in mind, based upon the fact that the code only requires that those windows greater than 72 " above adjacent grade be provided with these types of devices, most windows located on the first floor as well as those opening onto balconies or elevated walkways, would be exempt from this requirement. 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Guardian Angel Child Safety Window Guard 35 -58 In. 4Bar 35 -58 In. Item Code GA3558 -44 Our Price $79.95 Child Protection Window Guard Expands to Fill Wi ndow Openings 22 x 35 to 58 In . Childproofing includes protecting open windows with Guardian Angel window guards . �JJf r ; J'lJl �U ( "He'sFe'Wk�-v`me7` Guardian Angel Child Safety Window Guard 23 -35 Inch Expansion. 3 BARS Item Code GA2335 -43 Our Price $59.95 Keep Children Safely Inside Windows with Guardian Angels Protecting Your Windows Baby safety , child safety and home safety experts agree window guards or window opening limiters are needed to I���( 111/ lll>Tlll� / / / / / % / / / /!!Im /M111 /Ii Safe Homog) John Sterling 1123 -DB 313ar Fixed Window Guard 15x23 -42 In BLACK Item Code JS- 1123-IDB Our Price $19.95 John Sterling 1120 series. NYC Approved #HDWG 05 -87 -86 and HDWG- 04 -93 -09 for double hung style, non - sleeping areas only. 15' high. Bar space: 4.5'. Extend from 23 -42" wide. Made in USA. !' Swe HumeO - John Sterling 3Bar Escape Window Guard 11x24 -42 IN WHITE Item Code JS -1133 Our Price $27.50 John Sterling. Sleeping and non - sleeping areas. Bar space: 3.5. Vertical mount or horizontal mount for traditional windows. Locking channel. Safety release. Quantity discounts. Made in USA. John Sterling 6Bar Basic Fixed Mt. Window Guard,22x41 -58In WHITE Item Code JS -IBK- 1136 -L Our Price $46.25 Burglar Bar Guard for Wider Windows Has 6 Bars for 41 -58 Inch Windows John Sterling basic fixed mount JS -1136L is a New Jersey approved window guard when installed as a fixed child safety window... IJ�11" l(lllilY% /// ,fir lr/lAi1 John Sterling 4Bar Basic Fixed Mt Window Guard,14x14 -24 In White b � a l� °9 afe HorneEr .. John Sterling 4Bar Fixed Window Guard 20x23 -42In WHITE Item Code JS -1124 Our Price $24.95 John Sterling 1120 series. NYC Approved #HDWG 05 -87 -86 and HDWG- 04 -93 -09 for double hung style, non - sleeping areas only. 20" high. Bar space: 4.5 ". Extend from 23 -42" wide. Made in USA. Safes 1I'M_,1 Window Warden (TM) Window Lock Bulk Kit, Polybag Pack Item Code CG -WW -B Our Price $4.25 Window Lock Allows Safe Opening of Most Windows and Sliding Doors for Air For security and child safety or safeguarding impaired adult, protect windows with inexpensive Window Warden(TM) window locks... r 01 00 11lFr� ...... .. Q John Sterling 5Bar MAX Window Guard, Removable and Locks, 21 -42 In. Item Code JS -1175 Our Price $81.98 John Sterling 1170 series. Heavy duty. Swing open and lift out of mounts. For sleeping and non - sleeping areas. Security or child safety. Angular bars resist bolt cutters. p y hr, it °,.. Safe Hom�W, IJJf r... , tr,44 Home;7i,.P„ Guardian Angel Child Safety Window Guard 35 -58 In. Expansion, 5 Bars Item Code GA3558 -45 Our Price $83.95 Child Safety Window Guards Completely Remove from Mounts to Clean Windows Childproof your home with Guardian Angel white powder coated GA3558 -45 window bar units. Window Guardian Window Lock Push Button Keyed Item Code CG- TG01 -W Our Price $15.50 Window Lock With Removable Push Button Key Childproofs Windows The Window Guardian Lock for windows keeps children from opening windows and falling out. ���� � Ii. fg Hom €!;tir "J John Sterling Locking Channel (No Guard) for BK -1138, 1139 BLACK Item Code JS- BIK- 8760 -8DI6 Our Price $9.95 Black Locking Channel Only for 8- Bar and 9 -Bar Guards (No Guards Included) To convert a black John Sterling BK -1138 basic fixed window guard or a BK -1139 fixed window bar unit to a swing open escape... ff %/IO Site Homr40 John Sterling 413ar Basic Fixed Mt.Window Guard, 14x41 -58 https:// www. safehomeproducts. com/ shp2/ showcategories.aspx ?source=bing &category = 1140 &utm source=bing &um medium= cpc& utm_campaign= bing_childsafety[2 /23/2015 11:45:03 AM] 11 i %r1` r I C+ S ll rr. Safe Hr R. i John Sterling 6Bar Basic Fixed Mt. Window Guard,22x41 -58In WHITE Item Code JS -IBK- 1136 -L Our Price $46.25 Burglar Bar Guard for Wider Windows Has 6 Bars for 41 -58 Inch Windows John Sterling basic fixed mount JS -1136L is a New Jersey approved window guard when installed as a fixed child safety window... IJ�11" l(lllilY% /// ,fir lr/lAi1 John Sterling 4Bar Basic Fixed Mt Window Guard,14x14 -24 In White b � a l� °9 afe HorneEr .. John Sterling 4Bar Fixed Window Guard 20x23 -42In WHITE Item Code JS -1124 Our Price $24.95 John Sterling 1120 series. NYC Approved #HDWG 05 -87 -86 and HDWG- 04 -93 -09 for double hung style, non - sleeping areas only. 20" high. Bar space: 4.5 ". Extend from 23 -42" wide. Made in USA. Safes 1I'M_,1 Window Warden (TM) Window Lock Bulk Kit, Polybag Pack Item Code CG -WW -B Our Price $4.25 Window Lock Allows Safe Opening of Most Windows and Sliding Doors for Air For security and child safety or safeguarding impaired adult, protect windows with inexpensive Window Warden(TM) window locks... r 01 00 11lFr� ...... .. Q John Sterling 5Bar MAX Window Guard, Removable and Locks, 21 -42 In. Item Code JS -1175 Our Price $81.98 John Sterling 1170 series. Heavy duty. Swing open and lift out of mounts. For sleeping and non - sleeping areas. Security or child safety. Angular bars resist bolt cutters. p y hr, it °,.. Safe Hom�W, IJJf r... , tr,44 Home;7i,.P„ Guardian Angel Child Safety Window Guard 35 -58 In. Expansion, 5 Bars Item Code GA3558 -45 Our Price $83.95 Child Safety Window Guards Completely Remove from Mounts to Clean Windows Childproof your home with Guardian Angel white powder coated GA3558 -45 window bar units. Window Guardian Window Lock Push Button Keyed Item Code CG- TG01 -W Our Price $15.50 Window Lock With Removable Push Button Key Childproofs Windows The Window Guardian Lock for windows keeps children from opening windows and falling out. ���� � Ii. fg Hom €!;tir "J John Sterling Locking Channel (No Guard) for BK -1138, 1139 BLACK Item Code JS- BIK- 8760 -8DI6 Our Price $9.95 Black Locking Channel Only for 8- Bar and 9 -Bar Guards (No Guards Included) To convert a black John Sterling BK -1138 basic fixed window guard or a BK -1139 fixed window bar unit to a swing open escape... ff %/IO Site Homr40 John Sterling 413ar Basic Fixed Mt.Window Guard, 14x41 -58 https:// www. safehomeproducts. com/ shp2/ showcategories.aspx ?source=bing &category = 1140 &utm source=bing &um medium= cpc& utm_campaign= bing_childsafety[2 /23/2015 11:45:03 AM] Child Safety I Window Guards I Window Stops I Security Window Bars I Guardian Angel Window Grillsl John Sterling I Window Locks I Baby Safety I Childproofing I Home Security I Safety Products I Windo... Guardian Angel Child Safety Window Guard 17 -23 In. 5BAR Item Code GA1723 -45 Our Price $61.50 Flimsy screens can break causing injury or death of children. Childproof 2nd to 6th story windows with egress window guards. Snap -lock extended lead -free white steel guards into mounts. lllll�lll��>l . Guardian Angel Child Safety Window Guard 58 -90 In. 4 Bars for Child Safety Item Code GA5890 -44 Our Price $123.25 Expanding Tall or Wide Window Guard Fits Windows from 58 Inches to 90 Inches Stack or mount side by side. It Guardian Angel Child Safety Window Guard 58 -90 Inch Expansion. 3 Bars Item Code GA5890 -43 Our Price $104.95 Removable Window Guards for Tall or Wide Windows Lock into Mounting Bars The Guardian Angel GA5890- 43 is a four safety release button, 3 bar window guard to use alone or with other 5890 window guards... �11���IIii ll�lll/m�l Item Code JS -IBK- 1134 -S Our Price $23.95 White 4 Bar Fixed Guard Meets New Jersey Code for Non - Sleeping Rooms Note: No screws, no mounting brackets, no locking pin and no locking channel is included with this basic fixed window bar unit. ell U/N i:. r� r .Safe- d-Rome* P John Sterling 6Bar Basic Fixed Mt.Window Guard 22x58 -76In White Item Code JS -IBK- 1136 -EL Our Price $72.95 6 Bar 22x58 -76 White Window Guard Is A Fixed Mount Safety Window Guard Note: No screws, no safety release pin and no locking channel is included with this basic fixed window bar unit . O 011 l "%l Safe Hoi„ef) John Sterling 4Bar Fixed Window Guard 20x23 -42In BLACK Item Code JS- 1124 -IDB Our Price $26.95 4 Bar High BLACK Fixed Window Guard Protects Maximum of 24 Inches High Choose this taller black John Sterling Model 1124 for areas where you need a 20 inch high child safety window guard. / /ll %/f7YPlll9/r/7F111y, John Sterling 8Bar Escape Window Guard 30x24 -42In WHITE Item Code JS -1138 Our Price $58.50 John Sterling 1138. 30" high. Protects up to 36" with 3" top and bottom spaces. Extends 24" to 42". Vertical or horizontal mount. em John Sterling 56ar Escape Window Guard 18x24 -42 In WHITE Item Code JS -1135 Our Price $42,50 John Sterling. Sleeping and non sleeping areas. Bar space: 3.5. Vertical mount or horizontal mount for traditional windows. Locking channel. Safety release. Quantity discounts. Made in USA. Window Guardian Window Stoppers, 4 /BOX Item Code SF- SS- 12458 -4 Our Price $31.00 Ventilate safely with removable stops. Limit opening to 4" with two 1.25' x 2" wedge with 2.75' flexible suction cups per window. Easily installed and removed by adults. em alp"', 1121111111,1211 In, WHITE Item Code JS -IBK- 1134 -IL Our Price $37.95 Protect children in homes, day care centers, and apartment buildings. 1130 Series Child Safety Window Guards are installed as fixed mounts and do NOT include a locking channel or safety release pin. „ 1V wSrc. FRr`Yrtt4�4vJ ^�; Guardian Angel Child Safety Window Guard 35 -58 Inch Expansion 3BAR Item Code GA3558 -43 Our Price $76.95 Child Safety for Any Window with a Guardian Angel Protecting Him or Her Use one child safety window guards MADE IN USA or combine 3, 4 and /or 5 bar Guardian Angel window guards to protect windows. Window Guardian Removable Super Window Stops 12 /CS Item Code SF- SS- 12458 -12 Our Price $84.00 Unique wedge combined with 2.75 inch flexible suction cup stops windows and doors from opening wider than you choose. Easily installed. Easily removed by adults and older children. em f1'� `' If All Pnces .. All Brads Page 1 of 4 0 0 1 Son by Most Popular Window Guards for Child Safety and /or Home Security. Window Stops to Keep Window Openings at 4 Inches/ Safe Home TM sells both powder coated Guardian Angel removable window guards and John Sterling fixed and swing open window guards. Window stops or window locks keep windows (not casement type) from opening more than 4 inches beyond the top or side of the guard. Use window stops or locks alone if you don't need more ventilation. Visit Safe Home TM for window safety guards or devices for child safety and pet safety. Or Email to sales @safehomeproducts with your window types, sizes, number of windows and which type of window guard you prefer. Quantity discounts are available for whole home or commercial needs. If you own a business and your products would be attractive to our customers, send us an e-mail: sales@SafeHomeProducts.com. https: / /www. safehomeproducts. com/ shp2/ showcategories.aspx ?source=bing &category = 1140 &utm source=bing &utm_ medium= cpc &utm_campaign= bing_childsafety[2 /23/2015 11:45:03 AM] / Safe Horneaff John Sterling 56ar Escape Window Guard 18x24 -42 In WHITE Item Code JS -1135 Our Price $42,50 John Sterling. Sleeping and non sleeping areas. Bar space: 3.5. Vertical mount or horizontal mount for traditional windows. Locking channel. Safety release. Quantity discounts. Made in USA. Window Guardian Window Stoppers, 4 /BOX Item Code SF- SS- 12458 -4 Our Price $31.00 Ventilate safely with removable stops. Limit opening to 4" with two 1.25' x 2" wedge with 2.75' flexible suction cups per window. Easily installed and removed by adults. em alp"', 1121111111,1211 In, WHITE Item Code JS -IBK- 1134 -IL Our Price $37.95 Protect children in homes, day care centers, and apartment buildings. 1130 Series Child Safety Window Guards are installed as fixed mounts and do NOT include a locking channel or safety release pin. „ 1V wSrc. FRr`Yrtt4�4vJ ^�; Guardian Angel Child Safety Window Guard 35 -58 Inch Expansion 3BAR Item Code GA3558 -43 Our Price $76.95 Child Safety for Any Window with a Guardian Angel Protecting Him or Her Use one child safety window guards MADE IN USA or combine 3, 4 and /or 5 bar Guardian Angel window guards to protect windows. Window Guardian Removable Super Window Stops 12 /CS Item Code SF- SS- 12458 -12 Our Price $84.00 Unique wedge combined with 2.75 inch flexible suction cup stops windows and doors from opening wider than you choose. Easily installed. Easily removed by adults and older children. em f1'� `' If All Pnces .. All Brads Page 1 of 4 0 0 1 Son by Most Popular Window Guards for Child Safety and /or Home Security. Window Stops to Keep Window Openings at 4 Inches/ Safe Home TM sells both powder coated Guardian Angel removable window guards and John Sterling fixed and swing open window guards. Window stops or window locks keep windows (not casement type) from opening more than 4 inches beyond the top or side of the guard. Use window stops or locks alone if you don't need more ventilation. Visit Safe Home TM for window safety guards or devices for child safety and pet safety. Or Email to sales @safehomeproducts with your window types, sizes, number of windows and which type of window guard you prefer. Quantity discounts are available for whole home or commercial needs. If you own a business and your products would be attractive to our customers, send us an e-mail: sales@SafeHomeProducts.com. https: / /www. safehomeproducts. com/ shp2/ showcategories.aspx ?source=bing &category = 1140 &utm source=bing &utm_ medium= cpc &utm_campaign= bing_childsafety[2 /23/2015 11:45:03 AM] a= C"""I" 111 an prdwrier mated uo�atjwe i5 wn000w Dar umLi 1cm Williclaw Giti than Ondow Lock Push Mon Keyed Saw o Hook (-'.,Dde C 46M W Window Waiden (TM) Wmdow Our Nice $ `a.SO bxk Bulk Kit, Polybaq Pack Window LoA W#[ Pri�iqyvatvle Push Rep i m Code GG, - WW R Bu an Ke-y Chikdptr als Nindoms The Vqw"�w Guaidan nd fc.w mcl" : ws ouir Price $4 2" heeps chIMITR rn"'prul %*nmg Mndryws a UhTwo oW WwMw W3, ARrms 141k- n*Inmg cA Wp"t MrVOONS and Wing Nxes frx,ko F'a wmnry and chAil saft4i tx safrqhafmng onpailim'41 ad &A' rpmocl mylows wilb lq*"'PiMSrve Wkirdow WwdoniTMA m0ow o0s cm fifllli('� Z", I I swi v 4Johi Slei lin 3Bar E9 ipe — — -- - --------- - ... . 4 Window Guaircl IJX24• 2 1N WHITE Iteni Code JS� 113 31 Guaidian Anqe� Child Safety Our Price S�27 50 Midow Guard �35-5�8, In. 4Bar 35-58 M. John stedling SleRP1119 Mn- Item code GAO""M 'M sopp,), aleas Rx 5pac 35 O"r plri(,p $79 9S Vertical mwrd Lai how"m r'now 4 frxlrafto"W pamkms L- kng c'flx,mo S'a*ty wease Cs 'my C41W Flro*rlm NqOm Gwvd Osrdjoints N13(* m US, Expm'45 Irk RUM Wow OW, ump 22 x 35 to Ni N n Coodpwfirp incm*'s p"Aectia; opp" winwws wah GwOan Ar 8 wvijow guwil� prdwrier mated uo�atjwe i5 wn000w Dar umLi 1cm Williclaw Giti than Ondow Lock Push Mon Keyed Saw o Hook (-'.,Dde C 46M W Window Waiden (TM) Wmdow Our Nice $ `a.SO bxk Bulk Kit, Polybaq Pack Window LoA W#[ Pri�iqyvatvle Push Rep i m Code GG, - WW R Bu an Ke-y Chikdptr als Nindoms The Vqw"�w Guaidan nd fc.w mcl" : ws ouir Price $4 2" heeps chIMITR rn"'prul %*nmg Mndryws a UhTwo oW WwMw W3, ARrms 141k- n*Inmg cA Wp"t MrVOONS and Wing Nxes frx,ko F'a wmnry and chAil saft4i tx safrqhafmng onpailim'41 ad &A' rpmocl mylows wilb lq*"'PiMSrve Wkirdow WwdoniTMA m0ow o0s cm fifllli('� Z", I I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTIONS 28 -27, 28 -28, 28 -33, 28 -34, 28 -123, 28 -124, 28 -144, 28 -145, 28 -251, AND 28 -252 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE 2012 INTERNATIONAL BUILDING CODE, 2012 INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS, 2012 INTERNATIONAL FUEL GAS CODE, 2012 INTERNATIONAL PLUMBING CODE, AND THE 2012 INTERNATIONAL MECHANICAL CODE ALL PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDING FOR LOCAL AMENDMENTS THERETO; PROVIDING FOR A PENALTY FOR VIOLATION OF A FINE NOT TO EXCEED $2,000.00; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas ( "City "), as a home -rule municipality, is permitted to enact certain rules and regulations to provide for the general health, safety, and welfare of its citizens; and WHEREAS, pursuant to Texas Local Government Code Sec. 214.211, the City desires to adopt the latest versions of the International Building Code, International Residential Code for one and two family dwellings with Appendix G, the International Plumbing Code, the International Mechanical Code, and the International Fuel Gas Code, all published by the International Code Council in 2012; and WHEREAS, the City desires to adopt local amendments to such international codes and to amend the Denton Code of Ordinances accordingly; 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 International Building Code, 2012 Edition, is hereby adopted and Section 28- 27 of the Code of Ordinances of the City of Denton is hereby amended as underlined and to read as follows: "Sec. 28 -27. Adoption of the building code. The International Building Code, 2012 Edition, as published by the International Code Council, a copy of which shall be filed in the Office of the City Secretary and available for public inspection, is hereby adopted and designated as the building code for other than 1 & 2 family dwellings for the city, the same as though the edition of such code were copied at length herein subject to the deletions and amendments enumerated in section 28 -28." Page I of 35 SECTION 3. The City hereby adopts local amendments to the International Building Code, 2012 Edition, and Section 28 -28 of the Code of Ordinances of the City of Denton, Texas is hereby amended as underlined and to read as follows: "Sec. 28 -28 Deletions and Amendments: Amendments to the 2012 International Building Code (1) Section 101.4; change to read as follows: 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.6 and referenced elsewhere in this code, when specifically adopted, shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted. (2) Section 101.4.7; add the following: 101.4.7 Electrical. The provisions of the Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. (3) Section 103 amend to insert the Department Name as follows: SECTION 103 Building Inspections Division of the City of Denton (4) Section 103.1 chanted to read as follows: Creation of enforcement agency. The Building Inspections Division of the City of Denton is hereby created and the official in charge thereof shall be known as the Building Official. (5) Section 105.2 under the sub -title entitled `Buildin ,-" delete items 1, 2, 10 and 11 and re- number as follows: Building: 1. ... provided the floor area does not exceed 120- square feet (11 m2). 2. Delete this exemption. 3. (Unchanged) 4. (Unchanged) 5. (Unchanged) 6. (Unchanged) 7. (Unchanged) 8. (Unchanged) Page 2 of 35 9. (Unchanged) 10. Delete this exemption. 11. (Unchanged) 12. (Unchanged) 13. (Unchanged) jL6LSection 109; add Section 109.7 to read as follows: 109.7 Re- inspection Fee. A fee as established by city council resolution may be charged when: 1. The inspection called for is not ready when the inspector arrives; 2. No building address or permit card is clearly posted; 3. City approved plans are not on the job site available to the inspector; 4. The building is locked or work otherwise not available for inspection when called; 5. The job site is red - tagged twice for the same item; 6. The original red tag has been removed from the job site. 7. Failure to maintain erosion control, trash control or tree protection. Any re- inspection fees assessed shall be paid before the final inspection is made on that job site. Section 109; add Section 109.8, 109.8.1, 109.8.2 and 109.9 to read as follows: 109.8 Work without a permit. 109.8.1 Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. 109.8.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code or the city fee schedule as applicable. The payment of such investigation fee shall not exempt the applicant from compliance with all other provisions of either this code or the technical codes nor from penalty prescribed by law. 109.9 Unauthorized cover up fee. Any work concealed without first obtaining the required inspection in violation of Section 110 shall be assessed a fee as established by the city fee schedule. This fee shall be in addition to any citations issued as a result of work being concealed without proper inspections. Page 3 of 35 (8) Section 110. 3.5 is amended to delete the exception Section 202; amend the following definitions as underlined and to read as follows:: AMBULATORY CARE FACILITY. Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing or similar care on a less than 24 -hour basis to individuals who are rendered incapable of self - preservation by the services provided. This group may include but not be limited to the following: - Dialysis centers - Sedation dentistry - Surgery centers - Colonic centers - Psychiatric centers [FIFIRE WATCH. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the fire code official, for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department. ASSISTED LIVING FACILITIES. A building or part thereof housing persons, on a 24- hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. ATRIUM. An opening connecting three or more stories other than enclosed stairways, elevators, hoistways, escalators, plumbing, electrical, air- conditioning or other equipment, which is closed at the top and not defined as a mall. Stories, as used in this definition, do not include balconies within assembly groups or mezzanines that comply with Section 505. HIGH -RISE BUILDING. A building with an occupied floor located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access. 10 Section 303.1.3: add a sentence to read as follows: 303.1.3 Associated with Group E occupancies. A room or space used for assembly purposes that is associated with a Group E occupancy is not considered a separate occupancy except when applying the assembly requirements of Chapter 10 and 11. 11 Section 304.1; add the following to the list of occupancies: Fire stations Police stations with detention facilities for 5 or fewer detainees 12 Section 307.1; add the following sentence to Exception 4: Page 4 of 35 4. Cleaning establishments... {text unchanged} ...with Section 707 or 1 -hour horizontal assemblies constructed in accordance with Section 711 or both. See also IFC Chapter 12, Dry Cleaning Plant provisions. 13 Section 310.1; amend second paragraph under R -3 as follows: Adult care and child care facilities with 5 or fewer unrelated persons that are within a single- family home are permitted to comply with the International Residential Code. (14) Section 404.5 is amended to delete the exception. (15) Section 406.3.2: add item 3 to read as follows: 3. A separation is not required between a Group R -2 and U carport provided that the carport is entirely open on all sides and that the distance between the two is at least 10 feet (3048 mm). (16) Section 406.8: add a second Para ,-raph to read as follows: This occupancy shall also excludes garages involved in minor repair, modification and servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such minor repairs. (17) Section 712.1.8, change item 5 to read as follows: 5. Is not open to a corridor in Group I and H occupancies. (18) Section 713.14.1 Elevator Lobby. Exceptions: 4.3 change to read as follows: Elevators serving floor levels over 55 feet (16 764 mm) above the lowest level of fire department vehicle access in high rise buildings (19) Chapter 9: change International Fire Code to replace with the 2012 International Fire Code as amended by the City of Denton, except for Sections 909 and 910. 20 Section 910.1; change Exception 2 to read as follows: [F] 2. Where areas of buildings are equipped with early suppression fast - response (ESFR) sprinklers, only manual smoke and heat vents shall be required within these areas. Automatic smoke and heat vents are prohibited. (21) Section 910.2 where required to read as follows: [F] {Text unchanged} ...... Sections 910.2.1 through 910.2.4 (22) Add Section 910.2.3 with exceptions to read as follows: Page 5 of 35 [F] 910.2.3 Group H. Buildings and portions thereof used as a Group H occupancy as follows: 1. In occupancies classified as Group H -2 or H -3, any of which are more than 15,000 square feet (1394 m2) in single floor area. Exception: Buildings of noncombustible construction containing only noncombustible materials. 2. In areas of buildings in Group H used for storing Class 2, 3, and 4 liquid and solid oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water - reactive materials as required for a high- hazard commodity classification. Exception: Buildings of noncombustible construction containing only noncombustible materials. 23 Add subsections 910.2.4 to read as follows: [F] 910.2.4 Exit access travel distance increase. Buildings and portions thereof used as a Group F -1 or S -1 occupancy where the maximum exit access travel distance is increased in accordance with Section 1016.2.2. 24 Table 910.3; Change the title of the first row of the table from "Group F -1 and S- I " to include "Group H" and to read as follows: Group H, F -1 and S -1 25 Section 1007.1; add the following Exception 4: Exceptions: {previous exceptions unchanged} 4. Buildings regulated under State Law and built in accordance with State registered plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of Section 1007. 26 Section 1007.5; Platform lifts, amend to read as follows: 1007.5 Platform lifts. Platform (wheelchair) lifts . . . required accessible route in Section 1109.-7 8, Items 1 through 9 10. Standby power .. {remainder unchanged} 27 Section 1008.1; add the following paragraphs to read as follows: 1008.1 Doors. (Previous text unchanged) Page 6 of 35 Exterior door openings more than 30 inches from the top of the threshold to the surface or ground on the exterior side of the door, that are not part of a means of egress, shall be protected by an engineered guard designed for a live load equal to the occupancy served. The means of attachment of the guard to the structure shall be designed and stamped by a registered professional engineer. The design of the guard shall meet or exceed the minimum requirements of sections 1013.2 and 2308.12.7 of this code; otherwise the exterior operating door shall be fixed in a closed position with all operating hardware removed. 28 Section 1008.1.4.4; add changes to read as follows: 1008.1.4.4 Access - controlled egress doors. The entrance doors in a means of egress in buildings ... {text unchanged} ... R -1 and R -2 shall allow for free egress at all times without the use of keys, special knowledge, or effort {delete rest of section }. (29) Section 1008.1.9.4; amend exceptions 3 and 4 as follows: Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F, M or Soccupancy. {Remainder unchang. d} 4. Where a pair of doors serves a Group A, B, F, M or S occupancy. {Remainder unchang.!�W (30) Section 1008.1.9.9; {Previous text unchanged; Delete exceptions 4 &5. {Remainder of section unchangedi (31) Section 1008.1.9.3; Locks and Latches; add condition as follows: 1008.1.9.3, Locks and latches. Locks and latches shall... {text unchanged} ... any of the following exists: {text of conditions I through 3 unchanged} 3.1 Where egress doors are used in pairs and positive latching is required, approved automatic flush bolts may be permitted, provided that both leaves achieve positive latching regardless of the closing sequence and the door leaf having the automatic flush bolts has no doorknobs or surface mounted hardware. {text of conditions 4 and 5 unchanged} (32) Section 1008.1.9.9; chanze to read as follows: 1008.1.9.9 Electromagnetically locked egress doors. Doors in the means of egress in buildings with an occupancy in Group A, B, E, I -1, I -2, M, R -1 or R -2 and doors to tenant spaces in Group A, B, E, I -1, I -2, M, R -1 or R -2 shall be permitted to be electromagnetically locked if equipped with listed hardware that incorporates a built -in switch and meet the requirements below: {remaining text unchang.LW 33 Section 1015; add new section 1015.7 to read as follows: Page 7 of 35 1015.7 Electrical Rooms. For electrical rooms, special exiting requirements may apply. Reference the electrical code as adopted. (34) Section 1016: add new section 1016.2.2 to read as follows: 1016.2.2 Group F -1 and S -1 increase. The maximum exit access travel distance shall be 400 feet (122 m) in Group F -1 or S -1 occupancies where all of the following are met: 1. The portion of the building classified as Group F -1 or S -1 is limited to one story in height 2. The minimum height from the finished floor to the bottom of the ceiling or roof slab or deck is 24 feet (7315 mm); and 3. The building g is equipped throughout with an automatic fire sprinkler system equipped throughout with an automatic fire sprinkler system in accordance with Section 903.3.1.1. 35 Section 1018.1; add exception 6 to read as follows: {previous text unchanged 6. In Group B office buildings, corridor walls and ceilings within single tenant spaces need not be of fire- resistive construction when the tenant space corridor is provided with system smoke detectors tied to an approved automatic fire alarm. The actuation of any detector shall activate alarms audible in all areas served by the corridor. (36) Section 1026.6: amend exception 4 to read as follows: Exceptions: {Exceptions I through 3 unchang.LW 4. Separation from the open -ended corridors of the building... Lreinaining text unchang.LW (3 7) Section 1028.1.1.1: delete. (38) Section 1029.1: amend to read as follows: 1029.1 General. In addition to the means of egress reauired by this chabter_ brovisions shall be made for einergency escape and rescue openings in Group R and I -1 occupancies m-ueee a flee w4h Tables 1021.2(1 ` -reap D-j {Remainder unchanged} Exceptions: {Exceptions 1 through 3 unchanged.} 4. In other than Group R -3 occupancies, buildings gs equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2. 39 Section 1101.2; Add exception to read as follows: Exceptions: Projects registered with the Architectural Barriers Division of the Texas Department of Licensing and Regulation shall be deemed to be in compliance with the requirements of this Chapter. Page 8 of 35 (40) Section 1203.1; amend to read as follows: 1203.1 General. Buildings shall be provided with natural ventilation in accordance with Section 1203.4, or mechanical ventilation in accordance with the International Mechanical Code. Where air infiltration rate in a dwelling unit is 5 air changes or less per hour when tested with a blower door at a pressure 0.2 inch w.c. (50 Pa) in accordance with Section 402.4.1.2 of the International Energy Conservation Code, the dwelling unit shall be ventilated by mechanical means in accordance with Section 403 of the International Mechanical Code. (41) Table 1505.1; delete footnote c and replace footnote b with the followinz: b. Non - classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sq. ft. of protected roof area. When exceeding lg 20 sq. ft. of protected roof area, buildings of U occupancies may use non -rated non - combustible roof coverings. c. delete 42 Section 1505.7; delete the section 43 Section 1510.1; add a sentence to read as follows: 1510.1 General. Materials and methods of applications used for recovering or replacing an existing roof covering shall comply with the requirements of Chapter 15. All individual replacement shingles or shakes shall be in compliance with the rating required by Table 1505.1. {text of exception unchanged} (44) Section 2901.1; add a sentence to read as follows: [P] 2901.1 Scope. {existing text to remain} The provisions of this Chapter are meant to work in coordination with the provisions of Chapter 4 of the International Plumbing Code. Should any conflicts arise between the two chapters, the Building Official shall determine which provision applies. (45) Table 2902.1; chanze footnote f to read as follows: f. Drinking fountains are not required in M Occupancies with an occupant load of 100 or less, B Occupancies with an occupant load of 25 or less, and for dining and /or drinking establishments. 46 Section 3006.1; change to read as follows: 3006.1, General. Elevator machine rooms shall be provided. {Remainder unchanged.} 47 Section 3006.4; add a sentence to read as follows and delete exceptions I and 2: Page 9 of 35 IF] 3006.5. Machine Rooms and Machinery Spaces: {text unchanged} ... Storage shall not be allowed within the elevator machine room. Provide approved signage at each entry door to the elevator machine room stating "Elevator Machinery No Storage Allowed." 48 Section 3109.1; change to read as follows: 3109.1 General. Swimming pools shall comply with the requirements of sections 3109.2 through 3109.5 and other applicable sections of this code and comply with applicable state laws. (49) Section 3401.5 Alternative Compliance. Work performed in accordance with the International Existing Building Code shall be deemed to comply with the provisions of this chapter with prior approval from the Building Official. (50) Section 3401.6 Danzerous Conditions. {Remainder unchanged. � " SECTION 4. The International Residential Code with Appendix G, 2012 Edition, is hereby adopted, and Section 28 -33 of the Denton Code of Ordinances is hereby amended as underlined and reads as follows: "Sec. 28 -33. Adoption of the residential code. The International Residential Code with Appendix G, 2012 Edition as published by the International Code Council, a copy of which shall be filed in the Office of the City Secretary and available for public inspection, is hereby adopted and designated as the residential code for one and two family dwellings for the city, the same as though the edition of such code were copied at length herein subject to the deletions and amendments enumerated in section 28 -34." SECTION 5. The City hereby adopts local amendments to the International Residential Code with Appendix G, 2012 Edition, and Section 28 -34 of the Code of Ordinances of the City of Denton, Texas is hereby amended as underlined to read as follows: "28 -34. Deletions and Amendments: Amendments to the 2012 International Residential Code (1) Section RI011; Insert as follows: 11101.1 Title. These regulations shall be known as the Residential Code for One- and Two family Dwellings of the City of Denton hereinafter referred to as "this code." (2) Section R102.4; change to read as follows: R102.4 Referenced codes and standards. The codes, when specifically adopted, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R102.4.1 and R102.4.2. Whenever amendments have been adopted to the referenced Page 10 of 35 codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference made to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted. (3)Section R105.2; make changes to this section as follows: RI 05.2 Work exempt from permits. No changes in first paragraph. Building: 1. ...provided the floor area does not exceed 120 square feet 2. Delete this exemption 3. No changes 4. No changes 5. No changes 6. No changes 7. No changes 8. No changes 9. No changes 10. Decks not exceeding 120 square feet in area (4) 108.7 Re- inspection Fee. A fee as established by city council resolution may be charged when: I . The inspection called for is not ready when the inspector arrives; 2. No building address or permit card is clearly posted-, 3. Approved plans are not on the job site available to the inspector; 4. The building is locked or work otherwise not available for inspection when called; 5. The job site is red - tagged twice for the same item; 6. The original red tag has been removed from the job site and /or, 7. Violations exist on the property including failure to maintain erosion control, trash control or tree protection. 8. Any re- inspection fees assessed shall be paid before any more inspections are made on that job site. LLSection RHO (RII0.1 through R110.5); delete the section. (6) Section R112.2.1 & R112.2.2; delete the sections. (7) Section R202: chanze definition of "Townhouse" to read as follows: TOWNHOUSE. A single- family dwelling unit constructed in a group of three or more attached units separated by property lines in which each unit extends from foundation to roof and with a yard or public way on at least two sides. (8) Table R301.2(1); fill in as follows: GROUND WIND DESIGN SEISMIC DESIGN SNOW LOAD SPEED (mph) Topographic CATEGORY' Page I I of 35 Effects'` 5 lb /ft2 90 (3- sec - gust) /76 No A fastest mile — — SUBJECT TO DAMAGE FROM Weatheringa Frost line depthb Termite' moderate 6" very heav {No change to footnotes} (9) Section R302.1; add exception #6 to read as follows: Exceptions: {previous exceptions unchanged} 6. Open non - combustible carport structures may be constructed when also approved within adopted ordinances. (10) Section R302.2, Exception; change to read as follows: Exception: A common two -hour fire- resistance -rated wall assembly, or one -hour fire- resistance -rated wall assembly when equipped with a sprinkler system... {remainder unchanged} (11) Section R302.2.4, Exception 5; change to read as follows: Exception: {previous exceptions unchanged} 5. Townhouses separated by a common fire- resistance -rated wall as provided in Section PIm (12) Section R302.3; add Exception #3 to read as follows: Exceptions: 1. {existing text unchanged} 2. {existing text unchanged} 3. Two - family dwelling units that are also divided by a property line through the structure shall be separated as required for townhouses. (13) Section R302.5.1; change to read as follows: Page 12 of 35 ICE BARRIER AIR MEAN WINTER FLOOD UNDER - LAYMENT FREEZING ANNUAL DESIGN TEMPe REQUIRED HAZARDSg INDEX' TEMP 22 °F No local code 150 64.9 °F {No change to footnotes} (9) Section R302.1; add exception #6 to read as follows: Exceptions: {previous exceptions unchanged} 6. Open non - combustible carport structures may be constructed when also approved within adopted ordinances. (10) Section R302.2, Exception; change to read as follows: Exception: A common two -hour fire- resistance -rated wall assembly, or one -hour fire- resistance -rated wall assembly when equipped with a sprinkler system... {remainder unchanged} (11) Section R302.2.4, Exception 5; change to read as follows: Exception: {previous exceptions unchanged} 5. Townhouses separated by a common fire- resistance -rated wall as provided in Section PIm (12) Section R302.3; add Exception #3 to read as follows: Exceptions: 1. {existing text unchanged} 2. {existing text unchanged} 3. Two - family dwelling units that are also divided by a property line through the structure shall be separated as required for townhouses. (13) Section R302.5.1; change to read as follows: Page 12 of 35 R302.5.1 Opening protection. Openings from a private garage directly into a room used for sleeping �purposes shall not be permitted. Other openings between the _gara_ ge and residence shall be equipped with solid wood doors not less than 13/8 inches (35 mm) in thickness, solid or honeycomb core steel doors not less than 13/8 inches (35 mm) thick, or 20- minute fire -rated doors. Delete remainder and add: Pull down ladders installed in the ceiling of an attached garage, where the garage attic is open to the attic of the house, shall have a minimum 20 minute fire rating or have an approved covering of fire retardant materials. 14 Section R302.7; change to read as follows: R302.7 Under stair protection. Enclosed accessible space under stairs shall have walls, under stair surface and any soffits protected on the enclosed side with 5/8 -inch (15.8 mm) fire -rated gypsum board or one -hour fire- resistive construction. (15) R303.4 Mechanical Ventilation: change to read as follows: Every dwelling unit shall be provided with whole -house mechanical ventilation in accordance with Section M1507.3. (16) Section R315.3, amend and add exceptions as follows: Where required in existing dwellings. Where work requiring a permit for an addition or an alteration that occurs in existing dwellings, that have attached garages or in existing dwellings within which fuel -fired appliances exist, carbon monoxide alarms shall be provided in accordance with Section R315.1: Exceptions: 1. Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck, are exempt from the requirements of this section. 2. Installation, alteration or repairs of plumbing or mechanical systems are exempt from the requirements of this section. (17) Section R401.2, amended by addin,- a new parazraph followinz the existin'- parazraph to read as follows: Section R401.2. Requirements. {existing text unchanged ... Every foundation and /or footing, or any size addition to an existing post- tension foundation, regulated by this code shall be designed and sealed by a Texas-registered _ engineer. _ Section R401.2.1 Engineered design. Every foundation and /or footing which exceeds 400 square feet in area, or any addition to an existing post tensioned foundation, regulated by this code shall be designed and sealed by a Texas - registered engineer. Page 13 of 35 TOP F (18) Section 602.6.1; amend the following: R602.6.1 Drilling and notching of top plate. When piping or ductwork is placed in or partly in an exterior wall or interior load - bearing wall, necessitating cutting, drilling or notching of the top plate by more than 50 percent of its width, a galvanized metal tie not less than 0.054 inch thick (1.37 mm) (16 Ga) and 5 inches (127 mm) wide shall be fastened across and to the plate at each side of the opening with not less than eight 10d (0.148 inch diameter) having a minimum length of 1 1/2 inches (38 mm) at each side or equivalent. Fasteners will be offset to prevent splitting of the top plate material. The metal tie must extend a minimum of 6 inches past the opening. See figure R602.6.1. {remainder unchanged} (19) Figure R602.6.1; delete the figure and insert the following figure: 20 Section R703.7.4.1; add a second paragraph to read as follows: I AND 5 IN. WIDE FNED ACROSS AND r EACH SIDE OF THE 1d NAILS EACH SIDE In stud framed exterior walls, all ties shall be anchored to studs as follows: Page 14 of 35 1. When studs are 16 in (407 mm) o.c., stud ties shall be spaced no further apart than 24 in (737 mm) vertically starting approximately 12 in (381 mm) from the foundation; or 2. When studs are 24 in (610 mm) o.c., stud ties shall be spaced no further apart than 16 in (483 mm) vertically starting approximately 8 in (254 mm) from the foundation. 23 Section R902.1; Amend and add exception #3 to read as follows: R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. Class A, B, or C roofing shall be installed. {remainder unchanged} Exceptions: 1. {text unchanged} 2. {text unchanged} 3. {text unchan ed� 4. Non - classified roof coverings shall be permitted on one -story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 SF , and there shall be a minimum of 6 feet between detached accessory structures and a residential dwelling unit. (24) Sections N1101 through N1103 shall conform to the requirements of the 2012 International Energy Conservation Code as amended by the City of Denton. (25) Section M1305.1.3; change to read as follows: M1305.1.3 Appliances in attics. Attics containing appliances requiring access shall be provided ... {bulk of paragraph unchanged} ... sides of the appliance where access is required. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger and large enough to allow removal of the largest appliance. A walkway to an appliance shall be rated as a floor as approved by the building official. As a minimum, for access to the attic space, provide one of the following: 1. A permanent stair. 2. A pull down stair with a minimum 300 lb (136 kg) capacity. 3. An access door from an upper floor level. 4. Delete Page 15 of 35 Exceptions: 1. The passageway and level service space are not required where the appliance can be serviced and removed through the required opening. 2. Where the passageway is unobstructed ... {reinaining text unchanged} (Add the following) Water heaters of any type shall not be installed within attics; with the exception of replacement of existing water heaters. 26 Section M1411.3; change to read as follows: M1411.3 Condensate disposal. Condensate from all cooling coils or evaporators shall be conveyed from the drain pan outlet to a sanitary sewer through a trap, by means of a direct or indirect drain unless otherwise approved by a building official... {remaining text unchanged} (27) M1503.4 Makeup Air Required amend and add exception as follows: M1503.4 Makeup air required. Exhaust hood systems capable of exhausting in excess of 400 cubic feet per minute (0.19 m3 /s) shall be provided with makeup air at a rate approximately equal to the difference between the exhaust air rate and 400 cubic feet per minute. Such makeup air systems shall be equipped with a means of closure and shall be automatically controlled to start and operate simultaneously with the exhaust system. Exception: Where all appliances in the house are of sealed combustion, power -vent, unvented, or electric, the exhaust hood system shall be permitted to exhaust up to 600 cubic feet per minute (0.28 m3 /s) without providing makeup air. Exhaust hood systems capable of exhausting in excess of 600 cubic feet per minute (0.28 m3 /s) shall be provided with a makeup air at a rate approximately equal to the difference between the exhaust air rate and 600 cubic feet per minute. 28 Section M2005.2; change to read as follows: M2005.2 Prohibited locations. Fuel -fired water heaters shall not be installed in a room used as a storage closet. Water heaters located in a bedroom or bathroom shall be installed in a sealed enclosure so that combustion air will not be taken from the living space. Access to such enclosure may be from the bedroom or bathroom when through a solid door, weather - stripped in accordance with the exterior door air leakage requirements of the International Energy Conservation Code and equipped with an approved self - closing device. Installation of direct -vent water heaters within an enclosure is not required. Water heaters of any type shall not be installed within attics; with the exception of replacement of existing water heaters. 29 Section G2408.3 (305.5); delete. (30) Section G2415.2.1 (404.2.1): add a second parazraph to read as follows: Page 16 of 35 Both ends of each section of medium pressure _gas piping shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tam "WARNING 1/2 to 5 psi gas pressure Do Not Remove" (31) Section G2415.2.2 (404.2.2); add an exception to read as follows: Exception: Corrugated stainless steel tubing�(CSST) shall be a minimum of 1/2" (18 EDH ). (32) Section G2415.7 Protection from physical damaze. (Previous verbiage unchanged) (Add the following) CSST pipe shall not be installed within insulated exterior walls or within 12 inches of the connection between the top plate of an insulated exterior wall and roof rafters. (33) Section G2415.12 (404.12); change to read as follows: G2415.12 (404.12) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches (457 mm) below grade, except as provided for in Section G2415.12.1. 34 Section G2417.4; change to read as follows: G2417.4 (406.4) Test pressure measurement. Test pressure shall be measured with a manometer or with a pressure- measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. Gauges used to measure... {remainder unchanged} 35 Section G2417.4.1; change to read as follows: G2417.4.1 (406.4.1) Test pressure. The test pressure to be used shall be not less than 3 psig (20 kPa gauge), or at the discretion of the Building Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge For tests requiring a pressure of 3 psig, gauges shall utilize a dial with a minimum diaphragm diameter of three and one half inches (3 �/2 "), a set hand, 1 /10 pound incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one -half inches (3 1/2"), a set hand, a minimum of 2/10 pound incrementation and a pressure range not to exceed 20 psi For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water Page 17 of 35 column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one -half times the proposed maximum working pressure. 36 Section G2417.4.2; change to read as follows: G2417.4.2 (406.4.2) Test duration. The test duration shall be held for a length of time satisfactory to the Building Official, but in no case for less than fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Building Official, but in no case for less than thirty (30) minutes. 37 Section G2420.1 (406.1); add Section G2420.1.4 to read as follows: G2420.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12- inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. (38) Section G2420.5.1 (409.5.1); add text to read as follows: G2420.5.1 (409.5.1) Located within the same room. The shutoff valve ... {bulk of paraph unchang. d�... in accordance with the apliance manufacturer's instructions. A secondary shutoff valve must be installed within 3 feet (914 mm) of the firebox if abbliance shutoff is located in the firebox. 39 Section G2421.1 (410.1); add text and Exception to read as follows: G2421.1 (410.1) Pressure regulators. A line pressure regulator shall be ... {bulk of paragraph unchanged}... approved for outdoor installation. Access to regulators shall comply with the requirements for access to appliances as specified in Section M1305. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. (40) Section G2422.1.2.3 (411.1.3.3); delete Exception I and Exception 4. 1 Section G2445.2 (621.2); add Exception to read as follows: (42) Section G2445.2 (621.2); than ,-e to read as follows: Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling g unit. Page 18 of 35 Exception: Existing approved unvented room heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Building Official unless an unsafe condition is determined to exist as described in International Fuel Gas Code Section 108.7 of the Fuel Gas Code. 43 Section G2448.1.1 (624.1.1); change to read as follows: G2448.1.1 (624.1.1) Installation requirements. The requirements for water heaters relative to access, sizing, relief valves, drain pans and scald protection shall be in accordance with this code. Water heaters shall not be installed within attics. 44 Section P2801.6; add Exception to read as follows: Exceptions: 1. Electric Water Heater. 45 Section P2903.7; change to read as follows: The minimum size water service pipe shall be �4 1 inch. (Remainder of section unchanged) 46 Section P3005.2.1; add text to the end of this section to read as follows: G3005.2.1 Materials. { existing section with no changes} ... All building cleanouts subject to vehicular damage shall be cast iron. (47) Section P3005.2.6; change to read as follows: P3005.2.6 Base of s+., Upper Terminal. n elea out shall be provided at the base of eaeh waste of soil stack Each horizontal drain shall be provided with a cleanout at its upper terminal. Exception: Cleanouts may be omitted on a horizontal drain less than five (5) feet (1524 mm) in length unless such line is serving sinks or urinals. 48 Section G3005.2.7; change to read as follows: P3005.2.7 Building drain and building sewer junction. There shall be a cleanout near... Back to back combination fittings shall be installed to serve as the required cleanouts for both the building drain and the building sewer, unless other fittings are approved by the Building Official. The cleanout at the .... 49 Section P3111; delete. 50 Section P3112.2; delete and replace with the following: P3112.2 Installation. Traps for island sinks and similar equipment shall be roughed in above the floor and may be vented by extending the vent as high as possible, but not less than the drainboard height and then returning it downward and connecting it to the Page 19 of 35 horizontal sink drain immediately downstream from the vertical fixture drain. The return vent shall be connected to the horizontal drain through a Wye- branch fitting and shall, in addition, be provided with a foot vent taken off the vertical fixture vent by means of a wye- branch immediately below the floor and extending to the nearest partition and then through the roof to the open air or may be connected to other vents at a point not less than six (6) inches (152 mm) above the flood level rim of the fixtures served. Drainage fittings shall be used on all parts of the vent below the floor level and a minimum slope of one - quarter (1/4) inch per foot (20.9 mm/m) back to the drain shall be maintained. The return bend used under the drainboard shall be a one (1) piece fitting or an assembly of a forty -five (45) degree (0.79 radius), a ninety (90) degree (1.6 radius) and a forty -five (45) degree (0.79 radius) elbow in the order named. Pipe sizing shall be as elsewhere required in this Code. The island sink drain, upstream of the return vent, shall serve no other fixtures. An accessible cleanout shall be installed in the vertical portion of the foot vent. 51 Chapters 34 through 43; delete. Except for additional amendment that follows, replace chapters 34 through and including chapter 43 of the International Residential Code with the National Electrical Code as amended and adopted. 52 Section E3301.1; add amendment to read as follows: Electricians holding a State Electrical Apprentice license shall be directly supervised by an electrician holding a State Residential Wireman license. 53 Appendix G Swimming Pools, Spas and Hot Tubs. Adopt as part of this code with the amendment as follows: Section AG105.2; changed to read as follows: AG105.2 Outdoor swimming pool. An outdoor swimming pool, including an in- ground, above - ground or on- ground pool, hot tub or spa shall be surrounded by a barrier which shall comply with the following: 1. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier which faces away from the swimming pool. 54 Appendix H Patio Covers. Adopt as part of this code. (55)Appendix JExisting Buildings and Structures. Adopt as part of this code." SECTION 6. The International Fuel Gas Code, 2012 Edition, is hereby adopted and Section 28- 123 of the Code of Ordinances of the City of Denton is hereby amended as underlined so that said section shall hereafter be and read as follows: "Section 28 -123 Adoption of the fuel gas code. The International Fuel Gas Code, 2012 edition as published by the International Code Council, a copy which shall be filed in the Office of the City Secretary and available for public inspection, is hereby adopted and designated as the fuel gas code for the city, the same as though the edition of such code were copied at length herein subject to the deletions and amendments enumerated in section 28 -124." Page 20 of 35 SECTION 7. The City hereby adopts local amendments to the International Fuel and Gas Code, 2012 Edition, and Section 28 -124 of the Code of Ordinances of the City of Denton, Texas is hereby amended as underlined to read as follows: "28 -124. Deletions and amendments. Amendments to the 2012 International Fuel Gas Code (1) Section 102.2; add an exception to read as follows: Exception: Existing dwelling units shall comply with Section 621.2. (2) Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. (3) Section 304.10; change to read as follows: 304.10 Louvers and grilles. The required size of openings for combustion, ventilation and dilution air shall be based on the net free area of each opening. Where the free area through a design of louver, grille or screen is known, it shall be used in calculating the size opening required to provide the free area specified. Where the design and free area of louvers and grilles are not known, it shall be assumed that wood louvers will have 25- percent free area and metal louvers and grilles will have 7-5--50- percent free area. Screens shall have a mesh size not smaller than 1/4 inch (6.4 mm). Nonmotorized louvers and grilles shall be fixed in the open position. Motorized louvers shall be interlocked with the appliance so that they are proven to be in the full open position prior to main burner ignition and during main burner operation. Means shall be provided to prevent the main burner from igniting if the louvers fail to open during burner start -up and to shut down the main burner if the louvers close during operation. (4) Section 304.11; change #8 to read as follows: 304.11 Combustion air ducts. Combustion air ducts shall comply with all of the following: 1. Ducts shall be constructed of galvanized steel complying with Chapter 6 of the International Mechanical Code or of a material having equivalent corrosion resistance, strength and rigidity. Page 21 of 35 Exception: Within dwellings units, unobstructed stud and joist spaces shall not be prohibited from conveying combustion air, provided that not more than one required fireblock is removed. 2. Ducts shall terminate in an unobstructed space allowing free movement of combustion air to the appliances. 3. Ducts shall serve a single enclosure. 4. Ducts shall not serve both upper and lower combustion air openings where both such openings are used. The separation between ducts serving upper and lower combustion air openings shall be maintained to the source of combustion air. 5. Ducts shall not be screened where terminating in an attic space. 6. Horizontal upper combustion air ducts shall not slope downward toward the source of combustion air. 7. The remaining space surrounding a chimney liner, gas vent, special gas vent or plastic piping installed within a masonry, metal or factory -built chimney shall not be used to supply combustion air. Exception: Direct -vent gas -fired appliances designed for installation in a solid fuel- burning fireplace where installed in accordance with the manufacturer's instructions. 8. Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than 12 inches (305 mm) vertically from the adjoining ground level-or the manufacturer's recommendation, whichever is more restrictive. Section 306.3; change to read as follows: [M] 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided ... {bulk of paragraph unchanged} ... side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, for access to the attic space, provide one or more of the following are required: 1. A permanent stair. 2. A pull down stair with a minimum 300 lb (136 kg) capacity. 3. An access door from an upper floor level. 4. (Delete) Exceptions: Page 22 of 35 1. The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. 2. Where the passageway is not less than ... {bulk of section to read the same }. Water heaters shall not be installed within attics. Section 306; add Section 306.7 with exception and subsection 306.7.1 to read as follows: 306.7 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Water heaters shall not be installed within attics. Exception: A max 10 gallon water heater (or larger when approved by the code official) is capable of being accessed through a lay -in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. 306.7.1. Illumination and convenience outlet. Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1. Section 401.5; add a second paragraph to read as follows: Both ends of each section of medium pressure corrugated stainless steel tubing (CSST) shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: "WARNING 1/2 to 5 psi gas pressure Do Not Remove" Section 402.3; add an exception to read as follows: Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2" ( 18 EHD). (9) Section 404.2; add a sentence to read as follows: ...CSST pipe shall not be installed within insulated exterior walls or within 12 inches of the connection between the top plate of an insulated exterior wall and roof rafters. (10) Section 404.12; chanze to read as follows: Page 23 of 35 404.12 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches (458 mm) top of pipe below grade- (11) Section 406.1; change to read as follows: 406.1 General. Prior to acceptance and initial operation, all piping installations shall be inspected and pressure tested to determine that the materials, design, fabrication, and installation practices comply with the requirements of this code. The permit holder shall make the applicable tests prescribed in Sections 406.1.1 through 406.1.5 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the code official when the piping system is ready for testing. The equipment, material, power and labor necessary for the inspections and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in the following tests. 12 Section 406.4; change to read as follows: 406.4 Test pressure measurement. Test pressure shall be measured with a monometer or with a pressure - measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. 13 Section 406.4.1; change to read as follows: 406.4.1 Test pressure. The test pressure to be used shall be no less than 3 psig (20 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge, For tests requiring a pressure of 3 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one half inches (3 �/2 "), a set hand, 1 /10 pound incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one -half inches (3 �/2 "), a set hand, a minimum of 2/10 pound incrementation and a pressure range not to exceed 20 psi. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one -half times the proposed maximum working pressure. 14 Section 406.4.2; change to read as follows: 406.4.2 Test duration. Test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than thirty (30) minutes. (Delete remainder of section) 15 Section 409.1; add Section 409.1.4 to read as follows: Page 24 of 35 409.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12- inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. 16 Section 410.1; add a second paragraph and exception to read as follows: Access to regulators shall comply with the requirements for access to appliances as specified in Section 306. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. 17 Section 621.2; add exception as follows: 621.2 Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in Section 108.7. 18 Section 624.1.1; change to read as follows: 624.1.1 Installation requirements. The requirements for water heaters relative to access, sizing, relief valves, drain pans and scald protection shall be in accordance with the International Plumbing Code." SECTION 8. The International Plumbing Code, 2012 Edition, is hereby adopted, and Section 28 -144 of the Code of Ordinances of the City of Denton is hereby amended so that said section shall hereafter be and read as follows: "Section 28 -144. Adoption of the plumbing code. The International Plumbing Code, 2012 edition as published by the International Code Council, a copy which shall be filed in the Office of the City Secretary and available for public inspection, is hereby adopted and designated as the plumbing code for the city, the same as though the edition of such code were copied at length herein subject to the deletions and amendments enumerated in section 28 -145." SECTION 9. The City hereby adopts local amendments to the International Plumbing Code, 2012 Edition, and Section 28 -145 is hereby amended as underlined as reads as follows: Page 25 of 35 "28 -145. Deletions and amendments. Amendments to the 2012 International Plumbing Code (1) Table of Contents, Chapter 7, Section 714; change to read as follows: 714 Engineered Drainage Design ................... 67 (2) Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 13 and such codes, when specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where the differences occur between provisions of this code and the referenced standards, the provisions of this code shall be the minimum requirements. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. (3) Sections 106.6.2 and 106.6.3; change to read as follows: 106.6.2 Fee schedule. The fees for all plumbing work shall be as adopted by resolution of the governing body of the jurisdiction. 106.6.3 Fee Refunds. The code official shall establish a policy for authorizing the refunding of fees. {Delete balance of section} (4) Section 109; Delete entire section and insert the following: SECTION 109 MEANS OF APPEAL 109.1 Application for appeal. Any person shall have the right to appeal a decision of the code official to the Zoning Board of Adjustment (ZBA) established by ordinance. The ZBA shall be governed by the applicable provisions of the Texas Local Government Code and local ordinance. (5) Section 305.6.1; change to read as follows: 305.6.1 Sewer depth. Building sewers shall be a minimum of 12 inches (304 mm) below grade. (6) Section 305.9; change to read as follows: 305.9 Protection of components of plumbing system. Components of a plumbing system installed within 3 feet along alleyways, driveways, parking garages or other locations in a manner in which they would be exposed to damage shall be recessed into the wall or otherwise protected in an approved manner. Page 26 of 35 Section 314.2.1; change to read as follows: 314.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal.... {text unchanged} ... Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance. Section 314.2.2; change to read as follows: 314.2.2 Drain pipe materials and sizes. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, cross - linked polyethylene, polyethylene, ABS, CPVC, or schedule 80 PVC pipe or tubing when exposed to ultra violet light. All components shall be selected for the pressure, temperature and exposure rating of the installation. Joints and connections shall be made in accordance with the applicable provisions of Chapter 7 relative to the material type. Condensate waste and drain line size shall not be less than 3/4 -inch (19 mm) internal diameter and shall not decrease in size from the drain pan connection to the place of condensate disposal. Where the drain pipes from more than one unit are manifolded together for condensate drainage, the pipe or tubing shall be sized in accordance with Table 314.2.2. Section 401.1; add a sentence to read as follows: 401.1 Scope. This chapter shall govern the materials, design and installation of plumbing fixtures, faucets and fixture fittings in accordance with the type of occupancy, and shall provide for the minimum number of fixtures for various types of occupancies. The provisions of this Chapter coordinate with the provisions of the Building Code. Should any conflicts arise between the two chapters, the Code Official shall determine which provision applies. 10 Section 405.6; delete. 11 Section 409.2; change to read as follows: 409.2 Water connection. The water supply to a commercial dishwashing machine shall be protected against backflow by an air gap or backflow preventer in accordance with Section 608. 12 Section 410.1; change to read as follows: 410.1 Approval. {existing text unchanged} ...In other occupancies, where drinking fountains are required, water coolers or bottled water dispensers shall be permitted to be substituted for all required drinking fountains. Drinking water shall be provided at no cost. 13 Section 412.4; change to read as follows: 412.4 Required location. Floor drains shall be installed in the following areas. 1. In public coin - operated laundries and in the central washing facilities of multiple family dwellings, the rooms containing automatic clothes washers shall be provided Page 27 of 35 with floor drains located to readily drain the entire floor area. Such drains shall have a minimum outlet of not less than 3 inches (76 mm) in diameter. 2. Commercial kitchens. In lieu of floor drains in commercial kitchens, the code official may accept floor sinks. 3. Public restrooms. 14 Section 419.3; change to read as follows: 419.3 Surrounding material. Wall and floor space to a point 2 feet (610 mm) in front of a urinal lip and 4 feet (1219 mm) above the floor and at least 2 feet (610 mm) to each side of the urinal shall be waterproofed with a smooth, readily cleanable, hard, nonabsorbent material. 15 Section 502.6; Add Section 502.6 to read as follows: 502.6 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Water heaters of any type shall not be installed within attics; with the exception of replacement of existing water heaters. Exception: A max 10 gallon water heater (or larger with approval) is capable of being accessed through a lay -in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. 502.6.1 Illumination and convenience outlet. Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 502.1. 16 Section 504.6; change to read as follows: 504.6 Requirements for discharge piping. The discharge piping serving a pressure relief valve, temperature relief valve or combination thereof shall: 1. Not be directly connected to the drainage system. 2. Discharge through an air gap. 3. Not be smaller than the diameter of the outlet of the valve served and shall discharge full size to the air gap. 4. Serve a single relief device and shall not connect to piping serving any other relief device or equipment. Page 28 of 35 Exception: Multiple relief devices may be installed to a single T & P discharge piping system when approved by the administrative authority and permitted by the manufactures installation instructions and installed with those instructions. 5. Discharge to an indirect waste receptor or to the outdoors. Where discharging to the outdoors in areas subject to freezing, discharge piping shall be first piped to an indirect waste receptor through an air gap located in a conditioned area. 6. Discharge in a manner that does not cause personal injury or structural damage. 7. Discharge to a termination point that is readily observable by the building occupants. 8. Not be trapped. 9. Be installed so as to flow by gravity. 10. Not terminate less than 6 inches or more than 24 inches (152 mm) above grade nor more than 6 inches above the waste receptor. 11. Not have a threaded connection at the end of such piping. 12. Not have valves or tee fittings. 13. Be constructed of CPVC, Copper, Ductile iron, Galvanized steel, or Stainless steel. 17 Section 604.4; add Section 604.4.1 to read as follows: 604.4.1 State maximum flow rate. Where the State mandated maximum flow rate is more restrictive than those of this section, the State flow rate shall take precedence. (18) Section 604.8; add Section 604.8.3 to read as follows: 604.8.3 Thermal expansion control. An expansion tank or aproved device shall be installed for the water heater with the addition of a pressure reducing valve or regulator creating a closed system. 19 Section 606.1; delete items #3, #4, and #5. 20 Section 606.2; change to read as follows: 606.2 Location of shutoff valves. Shutoff valves shall be installed in the following locations: 1. On the fixture supply to each plumbing fixture other than bathtubs and showers in one- and two - family residential occupancies, and other than in individual sleeping units that are provided with unit shutoff valves in hotels, motels, boarding houses and similar occupancies. Page 29 of 35 2. On the water supply pipe to each appliance or mechanical equipment. 21 Section 608.1; change to read as follows: 608.1 General. A potable water supply system shall be designed, installed and maintained in such a manner so as to prevent contamination from nonpotable liquids, solids or gases being introduced into the potable water supply through cross - connections or any other piping connections to the system. Backflow preventer applications shall conform to applicable local regulations, Table 608.1, and as specifically stated in Sections 608.2 through 608.16.10. 22 Section 608.17; change to read as follows: 608.17 Protection of individual water supplies. An individual water supply shall be located and constructed so as to be safeguarded against contamination in accordance with applicable local regulations. Installation shall be in accordance with Sections 608.17.1 through 608.17.8. 23 Section 610.1; add exception to read as follows: 610.1 General. New or repaired potable water systems shall be purged of deleterious matter and disinfected prior to utilization. The method to be followed shall be that prescribed by the health authority or water purveyor having jurisdiction or, in the absence of a prescribed method, the procedure described in either AWWA C651 or AWWA C652, or as described in this section. This requirement shall apply to "on- site" or "inplant" fabrication of a system or to a modular portion of a system. 1. The pipe system shall be flushed with clean, potable water until dirty water does not appear at the points of outlet. 2. The system or part thereof shall be filled with a water /chlorine solution containing at least 50 parts per million (50 mg /L) of chlorine, and the system or part thereof shall be valved off and allowed to stand for 24 hours; or the system or part thereof shall be filled with a water /chlorine solution containing at least 200 parts per million (200 mg /L) of chlorine and allowed to stand for 3 hours. 3. Following the required standing time, the system shall be flushed with clean potable water until the chlorine is purged from the system. 4. The procedure shall be repeated where shown by a bacteriological examination that contamination remains present in the system. Exception: With prior approval the Code Official may wave this requirement when deemed un- necessary. 24 Section 708.3.5 and 708.3.7; add new sections to read as follows: 708.3.5 Building drain and building sewer junction. {Existing section with no changes} ...All building cleanouts subject to vehicular damage shall be cast iron. Page 30 of 35 708.3.7 Materials. All building cleanouts subject to vehicular damage shall be cast iron. (25) Section 712: change to read as follows: 712.3.3.1 Materials. Pipe and fitting materials shall be constructed of brass, copper, CPVC, ductile iron, stainless steel, galvanized iron, PE, or PVC. 26 Section 712.5; add Section 712.5 to read as follows: 712.5 Dual Pump System. All sumps shall be automatically discharged and, when in any "public use" occupancy where the sump serves more than 10 fixture units, shall be provided with dual pumps or ejectors arranged to function independently in case of overload or mechanical failure. For storm drainage sumps and pumping systems, see Section 1113. 27 Section 714, 714.1; change to read as follows: SECTION 714 ENGINEERED DRAINAGE DESIGN 714.1 Design of drainage system. The sizing, design and layout of the drainage system shall be permitted to be designed by approved design methods. 28 Section 802.4; add a sentence to the end of the paragraph to read as follows: 802.4 Standpipes. Standpipes shall be... {text unchanged} ...drains for rodding. No standpipe shall be installed below the ground. (29) Section 903.1: change to read as follows: 903.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least six (6) inches (152 mm) above the roof, except that where a roof is to be used for M purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. 30 Section 1002.10; delete. 31 Section 1003.1; added to read as follows: 1003.1 Minimum construction standards for food service establishments are required when: 1. A new building with a food service establishment is constructed and occupied; 2. Prior to the issuance of a certificate of occupancy for a new food service establishment in an existing structure which has not been previously used as a food service establishment within the last six (6) months, or has been used as a food service establishment without an adequately sized grease interceptor; or. 3. When a change to a more restrictive class of food service establishment occurs. Page 31 of 35 Heavy Food Preparation: shall mean any area in which foods are prepared utilizing a grill, griddle, deep -fat fiver, commercial type ovens, and /or any similar food preparation equipment; or any area subject to flooding type of wet cleaning procedures due to the cutting or processing of meat, poultry, fish or pork. Heavy food preparation includes but is not limited to: cafeterias, fast food restaurant, full service restaurants, pizza preparation, donut preparation, and meat and fish markets, etc. either a minimum 750 - gallon grease interceptor is required for heavy food preparation establishments with *seating capacity for 50 or more; or a minimum 250- gallon grease interceptor is required for heavy food preparation establishments with a *seating capacity for less than 50 or take -out food service establishments; or the minimum size shall be established by the currently adopted International Plumbing Code; whichever is more stringent. Light Food Preparation: shall mean any area in which foods are prepared exclusive of the use of fryers, grills or similar equipment. Light food preparation is usually limited to the preparation of hot dogs, sandwiches, salads or other similar foods and fountain -type cold drinks. Light food preparation includes, but is not limited to, sandwich shops, limited menu concession stands, etc. Either a minimum 250- gallon grease interceptor is required for light food preparation establishments with *seating capacity for 50 or more; or a minimum 20 gpm flow - through rating or 40 -pound retention capacity grease trap is required for light food preparation establishments with a *seating capacity for less than 50 or take -out food service establishments; or the minimum size shall be established by the currently adopted International Plumbing Code; whichever is more stringent. No Food Preparation: shall mean any area in which foods are provided pre- wrapped, from an approved source, with microwave oven type heating being the maximum handling involved. No food preparation is limited to pre - packaged sandwiches or similar foods, candies and containerized beverages. A grease interceptor is not required for "no food preparation" establishments. Food service establishments shall not share grease interceptors unless specifically authorized by the Building Official. *Seating Capacity is measured using Section 1004.7 Fixed Seating and Table 1004.1.1 Maximum Floor Area Allowances per Occupant found in the currently adopted version of the International Building Code. 32 Section 1106.1; change to read as follows: 1106.1 General. The size of the vertical conductors and leaders, building storm drains, building storm sewers, and any horizontal branches of such drains or sewers shall be based on six (6) inches per hour rainfall rate. 33 Section 1107.3; change to read as follows: 1107.3 Sizing of secondary drains. Secondary (emergency) roof drain systems shall be sized in accordance with Section 1106. Scuppers shall be sized to prevent the depth of ponding water from exceeding that for which the roof was designed as determined by Section 1101.7. Scuppers shall not have an opening dimension of less than 4 inches (102 mm). The flow through the primary system shall not be considered when sizing the secondary roof drain system. 34 Section 1202.1; delete Exception 2. Page 32 of 35 SECTION 10. The International Mechanical Code, 2012 Edition is hereby adopted, and Section 28 -251 of the Code of Ordinances of the City of Denton is hereby amended as underlined and read as follows: 1128 -251. Adoption of the mechanical code. The International Mechanical Code, 2012 edition as published by the International Code Council, a copy which shall be filed in the Office of the City Secretary and available for public inspection, is hereby adopted and designated as the mechanical code for the city, the same as though the edition of such code were copied at length herein subject to the deletions and amendments enumerated in section 28- 252." SECTION II. The City hereby adopts local amendments to the International Mechanical Code, 2012 Edition, and Section 28 -252 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows. "28 -252. Deletions and Amendments. Amendments to the 2012 International Mechanical Code (1) Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. (2) Section 306.3; change to read as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided ... {bulk of paragraph unchanged} ... side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, for access to the attic space, provide one of the following: 1. A permanent stair. 2. A pull down stair with a minimum 300 lb (136 kg) capacity. 3. An access door from an upper floor level. 4. Delete Page 33 of 35 Water heaters of any type shall not be installed within attics; with the exception of replacement of existing water heaters. Exceptions: 1. The passageway and level service space are not required where the appliance is capable of being serviced and removed... {remainder of section unchanged} Section 306; add Section 306.6 to read as follows: 306.6 Water heaters above ground or floor. When the mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Exception: A max 10 gallon water heater (or larger with approval) is capable of being accessed through a lay -in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. 306.6.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1. Section 307.2.3; amend item 2 to read as follows: 2. A separate overflow drain line shall be connected to the drain pan provided with the equipment. Such overflow drain shall discharge to a conspicuous point of disposal to alert occupants in the event of a stoppage of the primary drain. The overflow drain line shall connect to the drain pan at a higher level than the primary drain connection. However, the conspicuous point shall not create a hazard such as dripping over a walking surface or other areas so as to create a nuisance. SECTION 12. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provision or applications, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. To this end, the provisions of this ordinance are severable. SECTION 13. All provisions of the ordinances of the City of Denton in conflict with the provision of this ordinance are hereby repealed. The repeal of any ordinance or any portion thereof by the preceding text shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect and such shall remain in force for all intents and purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 14. Any person violating any provision of this ordinance shall, upon conviction, be found guilty of a misdemeanor and fined a sum not to exceed two thousand dollars ($2,000.00) for each violation. Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offence. Page 34 of 35 SECTION 15. Pursuant to Section 2.09(c) of the Charter for the City of Denton, this ordinance shall become effective fourteen (14) days from the date of this passage and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. In compliance with Section 214.218 of the Texas Local Government Code, enforcement of any new provisions adopted herein shall be delayed for at least 30 days after final adoption unless such delay would cause imminent harm to the health or safety of the public. PASSED AND APPROVED this the day of 12015 CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Page 35 of 35 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO File #: ID 15 -538, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Consider approval of the minutes of May 4, May 5, May 12, May 19, May 26, June 2, June 9 and June 16, 2015. City of Denton Page 1 of 1 Printed on 7/16/2015 CITY OF DENTON CITY COUNCIL MINUTES MAY 4, 2015 After determining that a quorum was present, the City Council convened in a Work Session on Monday, May 4, 2015 at 11:30 a.m. in the Natatorium Classroom at WaterWorks Park, 2400 Long Road, Denton, Texas. PRESENT: Mayor Pro Tem Engelbrecht, Council Member Gregory, Council Member Hawkins, Council Member Roden, and Council Member Ryan ABSENT: Council Member Johnson; Mayor Watts A. ID 15 -372 Receive an update, hold a discussion, and give staff direction regarding the Parks and Recreation Department. Emerson Vorel, Director of Parks and Recreation, stated that various Division Managers for Parks would be presenting an overview of their departments. D'Lee Covey, Parks Program Area Manager, reviewed the five Parks and Recreation Centers and their functions. She noted the activities that the various Centers provided and the special events hosted by Parks. Kathy Avery, Aquatics Manager, stated that the City had three water facilities — WaterWorks Park, the Natatorium and the Civic Center Pool. She reviewed the programs associated with each facility including the joint use agreement with the DISD. She also provided updates on proposed new facilities. Kathy Schaeffer, Program Manager for Youth Athletics, provided information on programs available for youth and adult programs. Another function of her division was the After School Care /Summer Care Programs. She presented information on the impact of athletic tournaments held in the City. Jim Mays, Superintendent of Planning and Construction, reviewed park maintenance activities including the maintenance of the grounds, trails and related ADA safety. John Schubert, Parks Superintendent, reviewed the properties that were maintained by his division. Their duties included mowing, trash pickup, tree trimming, landscape planting and maintaining the Downtown area. Special projects for his division included the renovation of the golf driving range, the concession stand at the WaterWorks Park and the batting cages at Evers Park. Vorel reviewed recent grants, gifts and donations the Parks Department had received. He also presented information on new awards received by the Department this year. Council Member Gregory asked if HOT funds were used to help the Parks sponsored events. Vorel stated that the Department received some funds with the cleaning of the Square area. They also received funds to help with advertising outside the City for the WaterWorks Park and Civic Center Pool. Council Member Roden asked if the Department had any Pre -K programming. Covey provided information on the types of Pre -K programs and the hours. City of Denton City Council Minutes May 4, 2015 Page 2 Council Member Roden asked about a map of the trail system. Mays stated that they were in the process of redoing the map and also were working on Google maps. Council Member Hawkins commented on the summer food program and the fact that it was so beneficial for children. B. ID 15 -368 Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council did not have any items to present. Council and staff participated in a tour of the facilities. With no further business, the meeting was adjourned. JIM ENGELBRECHT MAYOR PRO TEM CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 5, 2015 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, May 5, 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 regarding the Consent Agenda. 2. Requests for clarification of agenda items listed on the agenda for May 5, 2015. Council Member Ryan stated that he had received requests from several citizens to pull Consent Agenda Items O -S for separate consideration. City Manager Campbell stated that Council had received a substitute fee schedule for the Parks item and he requested Council include that in any motion for the Consent Agenda. Council Member Johnson asked about Consent Agenda Item F regarding the software maintenance and requested a clarification of the expenditure. Chuck Springer, Director of Finance, stated that the item was a three year agreement for the utility billing system software support for that program and an update for the prepaid utility program to make them more efficient. Council Member Johnson asked about Consent Agenda Item N regarding the sharing of resources to a city in Mexico. He suggested either pulling the item for recognition at the regular meeting or have the City Manager explain it in the regular meeting. City Manager Campbell stated that the item was a proposal to donate equipment and Council authority was needed in order to complete the transaction. This proposal would provide better use of the equipment than just disposing of it. Mayor Pro Tern Engelbrecht stated that this was in conjunction with a follow up of a meeting last year with the City of Muzquiz. Muzquiz asked for help locating supplies for their fire /police and Denton was able to donate items to them. The two cities had entered into joint friendship agreement. 3. Work Session Reports A. ID 15 -156 Receive a report, hold a discussion and give staff direction regarding the request to change the existing park rules Chapter 22 -26 and 22 -29 of the Code of Ordinances of the City of Denton to prohibit vending, solicitation and the offer to sell items in the park and as well as solicitation of future sales unless the vendor is under contract with the City to offer fitness, athletic or recreation programs; or invited to participate in an activity offered by the Department. City of Denton City Council Minutes May 5, 2015 Page 2 Emerson Vorel, Director of Parks and Recreation, stated that current park rules did not allow solicitation in the Parks without contracting with the City. There had been an increase in unauthorized commercial use of the Parks such as teaching tennis lessons on the courts, organized fitness activities in the parks, sales of food and problems with solicitation in the parks to purchase products off the website. These vendors did not have any insurance and provided no protection for the City if someone were to get hurt participating in one of these types of activities. There were also no background checks on the individuals providing the classes and no general fund revenue for the City. These vendors were in direct competition with individuals who had contracts with Parks. There was a philosophical difference with the personal gain off public tax supported property. The Parks Board expressed a desire to limit commerce in the parks to special events, recreation and sports related activities and no food vendors, etc. without a contract with the City. Council Member Roden asked if there was a tool in place to enforce these activities at this time. Vorel stated that they could curb the true sales but needed help with the solicitation and associated resistance from those vendors. Council Member Roden asked what would be the process if a citizen wanted to approach the City with a related need. Vorel stated that their process was very clear. They could come in and talk with him about their proposal. If an event was being held in a park, the perception was that it was related to the City. Council Member Gregory asked about limiting the food vending. Vorel stated that the Parks Board recommended not allowing food vending in the parks for several reasons which included the noise level, litter, children in the street, etc. There was also the conflict where there was already a concessions stand either sponsored by the City or by a group. Council Member Ryan questioned why not allow food vending where there was no concessions. Vorel stated that the Parks Board indicated that they did not want commerce of any kind in the parks and had a lengthy discussion about the matter. Council Member Roden asked about the fee schedule. Vorel stated that the Parks Board had indicated no vending in the parks and other vending would be worked out with a contract with staff. Council Member Gregory stated that he was not sure if he was comfortable with no vending at all as there might be a time when it would be appropriate. Vorel stated that in that case, it would be some type of special event and vendors would be invited by Parks to vend. City of Denton City Council Minutes May 5, 2015 Page 3 Consensus of the Council was to follow the general direction of the proposed ordinance reflected by the Parks Board for further discussion. B. ID 15 -332 Receive a report, hold a discussion and give staff direction regarding City Council priorities for the FY 2015 -16 Proposed Budget and Capital Improvement Plan. Chuck Springer, Director of Finance, presented the budget priorities for the 2015 -16 budget. The purpose of the discussion was to discuss council priorities to assist staff in the development of the 2015 -16 budget. He provided a list of potential priories from prior year budget discussions and City Council discussion during the current year. He reviewed the potential budget priorities list that was in the backup materials. Council Member Roden asked if staff's supplemental packages had already been submitted. Springer stated that staff will make presentations to the City Manager in early June and the budget would be presented to Council in July. Council Member Roden asked if there was any give or take before the supplemental packages were considered. The current process made it hard to get Council /citizen suggestions. Springer stated that the City Manager sent out a memo regarding projects staff wanted to see before the proposed budget. City Manager Campbell stated that most of what the departments were submitting was their perceptions of what the City needed based on discussions from Council. Council Member Roden stated that he would like more detail on the current street situation in order to consider how that would affect franchise fees. Howard Martin, Assistant City Manager, stated that the OCI study would not be completed for a while. Staff could put together a financial plan or approach that could be adjusted when the study was completed. Council Member Roden requested that sidewalks be included with an inventory and condition assessment along with facility parking lots. Council Member Gregory felt the list was a good reflection of what Council had been discussing. He felt that a 3 -1 -1 plan was missing and did not know if it needed to be on the list. City Manager Campbell stated that it would be good to add it to the list to keep as a place holder. Council Member Johnson stated that he would like a plan for a goal for the OCI rating and how to get there from an activity standpoint and financial standpoint. He suggested considering a long range goal for the OCI rating to help with the financial aspect. Then set up short term goals for the next 5, 10 or 15 years to reach that long term goal. He noted that one thing missing from the list was improvement in the planning and development process from start to the receipt of a Certificate of Occupancy. City of Denton City Council Minutes May 5, 2015 Page 4 Aimee Bissett, Interim Director of Planning and Development, stated that the department was in the process of doing that and that staff had conversations with Building Inspections and the Planning Division on how to balance the trend for inspections, etc. Council Member Johnson suggested adding a priority for appropriate funding for Building Inspections and Planning. Council Member Ryan asked about a reserve for economic development and a way to fund that as other economic development incentives rolled off. He also asked about cash funding for vehicles. Springer stated that in the past there was some cash funding done but that was later rolled into the General Fund. Council Member Johnson requested developing a plan to assist with bike /pedestrian access such as here was what was wanted /here was how long to get there. Council Member Gregory noted that there was a bike plan but not so much with sidewalks and that there were lots of gaps in the sidewalks. Council Member Hawkins felt that the streets issue was the capacity to work on the streets and a schedule to do that. Martin stated that it would cost about $157 million to do all the streets and that they were trying to tackle it over a number of years. Mayor Pro Tem Engelbrecht stated that water and sewer lines needed to be replaced at the same time and suggesting funding to do the utilities at the same time as the streets. Springer stated that the upcoming budget proposed to add a piece of equipment for a second dedicated City crew to work on those projects and then add a second crew to do the smaller jobs. Council Member Johnson recommended setting the OCI goal at 70. He also recommended hiring a consultant to help with facility usage to plan what was needed such as a space study to get the process moving. Mayor Watts stated that he had suggested this meeting early in the process out of concern about budget assumptions that had changed. He suggested building a budget amount and the excess that went over that budgeted amount, determine where to put those additional funds. If the amount went over the established increase, Council could determine what to do with that extra funding. He felt that he would like to revisit the OCI process and the OCI technology. He questioned if a street were redone, what then was the rating for that street. Council Member Hawkins requested an Informal Staff Report on how it was determined on which streets to fix before there was an OCI rating. City of Denton City Council Minutes May 5, 2015 Page 5 Council Member Roden suggested considering how to plan for big ticket items; a McKinney Street crossing suggestion; and a smart meter concept for the immediate Square area for on- street parking. Mayor Watts suggested considering TIF funds for helping with the Parks. C. ID 15 -351 Receive a report, hold a discussion, and give staff direction regarding a proposal of private property tree planting projects from Keep Denton Beautiful (KDB). Loren Barker, Keep Denton Beautiful (KDB) Program Manager, stated that at the Council meeting of March 3rd staff had presented a proposal for KDB to use Tree Mitigation Funds for private property tree plantings. The focus of this meeting would be a comprehensive plan to use Tree Fund money for getting trees into the hands of citizens. It would also cover necessary changes to the Tree Code to make these programs possible. Background of KDB - KDB was a nonprofit partner of the City working on litter prevention, beautification and urban forestry. It provided free trees and tree planting instructions through a number of events. Proposal overview - revisions to the Tree Code were needed to allow use of the Tree Migration Funds for private property planting and staffing. The recommendation was 12,160 trees at a total cost of $835,302 over three years. The proposal would be a combination of four programs to maximize distribution and reach the approaches fitting within existing program models. There would be a built -in tracking capability and opportunities for education. Case studies and current KDB tree programs were used to determine feasibility and sustainability. Tree Code revisions — an amendment was needed to allow for proposed programs to purchase trees for planting on private property either through giveaways or rebates and for temporary staff. Proposed Programs — these programs included small scale giveaways, a business NeighborWoods program, enhanced Arbor Day activates and a tree rebate program. Small -scale giveaways would include (1) giveaways to neighborhood groups, churches and civic organizations, and (2) free trees at the Denton Redbud festival. The business neighborhood option would target businesses that needed trees. Participants would agree to provide a water /maintenance plan, plant the trees in publicly viewed spaces, take a tree care education class and submit reports to track the health of the trees over time. Enhanced Arbor Day activities would involve providing up to 20 3 -inch caliper trees planted at local schools along with watering bags, mulch and educational materials. The Tree Rebate Program was modeled after Denton's GreenSense Rebate Program which included a list of approved vendors. Only selected native or adapted trees would be eligible for the rebate. The public education component would center on the right tree in the right place. A temporary employee would be needed to implement the program and process applications. The three year budget projections were reviewed. Additional considerations were (1) temporary staff to support the programs, (2) a citizen forester training program, (3) a sustained education City of Denton City Council Minutes May 5, 2015 Page 6 campaign, and (4) the possibility of increased tree trimming costs (even with education and placement requirements). Short term goals included coordinating public and private efforts for a comprehensive tree planting plan for the City and metrics for large -scale tree planting success. Long range goals involved a citywide tree management plan and tree tracking software to allow residents to adopt a tree through an online portal plus the use of Citizen Forester volunteers to help care for street trees and other public trees. Council Member Johnson felt that the program was heavily weighted towards a rebate program. Barker stated that the cost of a tree was lower as well as the labor to install the tree. Council Member Johnson suggested finding retailers who would partner with the City which might result in the sale of other items along with getting the trees. Council Member Roden suggested building in an opportunity for flexibility to change from a rebate to a neighborhood program, etc. Council Member Roden asked if the tracking system would be the same for each of the different programs. Barker stated that the intake of the data would be different such as applications, etc. for each program. Council discussed the neighborhood programs, training for those receiving the trees, the rebate program associated with receiving the trees, and the need to keep in mind that Denton was part prairie and part woods to keep the plantings consistent with the region. Council Member Roden suggested not getting bogged down in the details regarding the education of the planting of trees so as to not keep people away from the rebate program. Mayor Watts requested an Informal Staff Report on the details of the project. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 15 -360 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; and Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the, A. Tomkins Survey, Abstract No. 1246, and the O. S. Brewster Survey, Abstract No. 56, both in Denton County, City of Denton City Council Minutes May 5, 2015 Page 7 Texas, generally located in the 1800 block of Bonnie Brae Street, City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or 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. (Bonnie Brae Road Widening and Improvements Project: Parcel 17, Jones Family Trust [ID 15 -361]) B. ID 15 -367 Deliberation regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551 -071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests in the J. Haney Survey, Abstract No. 515, Denton, Denton County, Texas, generally located south of FM 1173 and east of Masch Branch Road. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of real property interests referenced above where a public discussion of these legal matters would conflict with the duties of the City's attorneys to the City of Denton and Denton City Council under the Texas Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. (DME -Masch Branch Switch Station) [ID 15 -371] C. ID 15 -377 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the potential exchange and /or sale of certain real property interests regarding a 1.6598 acre tract located in the Robert Beaumont Survey, Abstract Number 31 and a 0.3278 acre tract located in the N.H. Meisenhamer Survey, Abstract Number 810, both in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential proceedings against the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (North Lakes Park - excess property below south dam area) [ID 15 -378] D. ID 15 -376 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. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to Orison Holdings and economic development incentives and the acquisition of real property interests in the H. City of Denton City Council Minutes May 5, 2015 Page 8 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. This item was not considered. E. ID 15 -302 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. Receive a presentation from Denton Municipal Electric (DME) staff regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies relating to selecting and acquiring generation resources for the City; discuss and deliberate opportunities and strategies for the City to acquire purchased power and enter into agreements regarding the same, in order to meet its future energy needs. Discuss, deliberate and provide staff with direction. F. ID 15 -168 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; and Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive a further briefing and presentation from Denton Municipal Electric ( "DME ") staff regarding certain public power competitive, financial and commercial information regarding the proposed Collaboration Agreement which pertains to DME's establishment of a high voltage direct current (HVDC) interconnection with another electric transmission service company utilizing the latest in power grid technology that would provide DME the opportunity to acquire additional renewable energy and other electric power products for its energy portfolio. Consultation with the City's attorneys regarding legal issues associated with the proposed Collaboration Agreement and the implementation of the HVDC interconnection 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. Discuss, deliberate, provide staff with direction and consider final action and approval of the Collaboration Agreement. Council considered Ordinance No. 2015 -124. Mayor Pro Tem Engelbrecht 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. City of Denton City Council Minutes May 5, 2015 Page 9 G. ID 15 -363 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive a briefing and presentation from Denton Municipal Electric ( "DME ") staff regarding certain public power competitive, financial and commercial information relating to issues regarding the proposed Professional Services Agreement (the "Agreement ") by and between the City of Denton, Texas and Burns & McDonnell Engineering Company, Inc., Kansas City. Missouri, regarding contractual matters that deal with plans, studies, proposals and analyses for system improvements to the Denton Municipal Electric system, said Agreement being in the not -to- exceed amount of $264,648. Consultation with the City's attorneys regarding legal issues associated with the Agreement 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. Discuss, deliberate, provide staff with direction, approve and take final action on said Agreement. Council considered Ordinance No. 2015 -125. Mayor Pro Tem Engelbrecht 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. H. ID 15 -364 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive a briefing and presentation from Denton Municipal Electric ( "DME ") staff regarding certain public power competitive, financial and commercial information relating to issues regarding the proposed three -year Professional Services Agreement (the "Agreement ") by and between the City of Denton, Texas and Teague Nall & Perkins, Inc. regarding contractual matters that deal with plans, studies, proposals and analyses for system improvements to the Denton Municipal Electric system, said Agreement being in the not -to- exceed amount of $450,000. Consultation with the City's attorneys regarding legal issues associated with the Agreement 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. Discuss, deliberate, provide staff with direction, approve and take final action on said Agreement. Council considered Ordinance No. 2015 -126. Council Member Gregory 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. City of Denton City Council Minutes May 5, 2015 Page 10 ID 15 -375 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. ID 15 -394 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 not considered. K. ID 15 -400 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 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. Mayor Watts left the meeting with a potential conflict of interest. L. ID 15 -401 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 City of Denton City Council Minutes May 5, 2015 Page 11 discussion regarding legal and economic development issues regarding a proposed economic development incentive agreement for Madison Partners. This discussion shall include commercial and financial information the City Council has received from Madison Partners 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. Mayor Watts returned to the 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. Council Member Roden left the meeting. 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 -246 National Day of Prayer Mayor Watts presented the proclamation for National Day of Prayer. B. ID 15 -250 Bike Month Mayor Watts presented the proclamation for Bike Month. C. ID 15 -292 Shelter Thy Neighbor Week Mayor Watts presented the proclamation for Shelter Thy Neighbor Week. D. ID 15 -384 Children's Mental Health Awareness Day Mayor Watts presented the proclamation for Children's Mental Health Awareness Day. E. ID 15 -402 Arson Awareness Week Mayor Watts presented the proclamation for Arson Awareness Week. City of Denton City Council Minutes May 5, 2015 Page 12 3. CONSENT AGENDA Mayor Watts noted that Items O -S would be pulled for separate consideration and that Item L would be considered with the substitute ordinance as provided in the Work Session. Council Member Hawkins motioned, Council Member Gregory seconded to adopt the Consent Agenda and accompanying ordinances and resolutions with the exception of Items O -S and with the substituted ordinance for Item L. On roll call vote, Mayor Pro Tem Engelbrecht "aye" Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No. 2015 -127 A. ID 15 -136 Consider adoption of an ordinance approving an Encroachment Agreement between the City of Denton, Texas, and RLB Investment Partners, LLC, to allow a deck and related appurtenances to be located within existing City easements on and near 321 W. Hickory St.; and declaring an effective date. Ordinance No. 2015 -128 B. ID 15 -312 Consider adoption of an ordinance approving the expenditure of funds for the purchase of LON GON Odor Control for the City of Denton Landfill which is available from only one source in accordance with Texas Local Government Code 252.022, such purchases are exempt from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 5786- awarded to Enviro Chemical Research in the three (3) year not -to- exceed amount of $450,000). The Public Utilities Board recommends approval (7 -0). Ordinance No. 2015 -129 C. ID 15 -352 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of two (2) skid steer loaders for the City of Denton Solid Waste and Wastewater Collections departments; and providing an effective date (File 5813 awarded to Bobcat Company in the amount of $152,722.74). The Public Utilities Board recommends approval (4 -0). Ordinance No. 2015 -130 D. ID 15 -353 Consider adoption of an ordinance providing for the expenditure of funds for the emergency cleaning of the Lake Ray Roberts Water Treatment Plant Supply Pipeline in accordance with provisions of Section 252.022 of the Local Government Code exempting such purchases from requirements of competitive bidding; and providing an effective date (File 5684- awarded to Archer Western Construction, LLC in the amount of $265,818.12 and File 5711 awarded to Clean -Co Systems, Inc. in the amount of $224,493.10). The Public Utilities Board recommends approval (4 -0). City of Denton City Council Minutes May 5, 2015 Page 13 Ordinance No. 2015 -131 E. ID 15 -354 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of the Lake Ray Roberts Water Treatment Plant Equipment Storage Building; providing for the expenditure of funds therefor; and providing an effective date (RFP 5783- awarded to Caliber Construction, Inc. in the amount of $138,040). The Public Utilities Board recommends approval (4 -0). Ordinance No. 2015 -132 F. ID 15 -355 Consider adoption of an ordinance approving the expenditure of funds for the purchase of three (3) year software maintenance for continued vendor support for Harris Public Utility Billing System and associated software modules, implementation of data transfer with Exceleron for utility prepay, and implementation of the core automation suite, 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 4735- awarded to Harris Computer Systems, Inc. in the three (3) year not -to- exceed amount of $700,000). Ordinance No. 2015 -133 G. ID 15 -356 Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with The Cooperative Purchasing Network (TCPN) for the acquisition of maintenance, repair, and operations supplies including hand tools, personal safety equipment, and supplies used by the City's field personnel, for the City of Denton Distribution Center; providing for the expenditure of funds therefore; and providing an effective date (File 5811- awarded to Fastenal Company in the three (3) year not -to- exceed amount of $600,000). Ordinance No. 2015 -134 H. ID 15 -357 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the City of Denton Pecan Interceptor III project; providing for the expenditure of funds therefor; and providing an effective date (Bid 5767- awarded to the lowest responsible bidder meeting specification, William J Schultz Inc. dba Circle C Construction Company in the amount of $2,928,637). The Public Utilities Board recommends approval (4- 0). Ordinance No. 2015 -135 L ID 15 -358 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of medium duty trucks for the City of Denton; and providing an effective date (RFP 5762- awarded to Grapevine DCJ, LLC in the three (3) year not -to- exceed amount of $1,743,826). Ordinance No. 2015 -136 J. ID 15 -359 Consider adoption of an ordinance of the City of Denton authorizing an agreement by and between the City of Denton, Texas and Robson Denton City of Denton City Council Minutes May 5, 2015 Page 14 Development, L.P. for the provision of water services, providing for the expenditure of funds therefor; providing an effective date. The Public Utilities Board recommends approval (7 -0). Ordinance No. 2015 -137 K. ID 15 -371 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to accept a counteroffer from McKee- Krum Properties, LLC, for the purchase by the City of a 15.037 acre tract located in the J. Haney Survey, Abstract No. 515, Denton, Denton County, Texas, generally located south of FM 1173 and east of Masch Branch Road, for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, including substations and switch stations, for the price of $250,000.00; authorizing the expenditure of funds; and, providing an effective date. (DME Masch Branch Switch Station) [ID 15 -367] Ordinance No. 2915 -138 L. ID 15 -373 Consider adoption of an ordinance adopting a Schedule of Fees for use of certain park facilities; superseding all prior fees in conflict with such schedule; and providing for severability and an effective date. The Parks, Recreation and Beautification Board recommends approval (4 -1). Ordinance No. 2015 -139 M. ID 15 -378 Consider adoption of an ordinance of the City of Denton, Texas approving the sale of an approximate 1.6598 acre of designated City park land situated in the R. Beaumont Survey, Abstract No. 31, to the successful proposer, SSR Group, LP, a Texas limited partnership, for the total consideration of $658,100.00 consisting of both cash and real property; authorizing the City Manager in accordance with Texas Local Government Code 253.001 to execute a deed to SSR Group, LP, together with any other documents necessary to sell and convey said real property; and providing an effective date (RFP 5614 -Sale of Real Property). Ordinance No. 2015 -140 N. ID 15 -399 Consider adoption of an ordinance authorizing the City Manager to execute an Donation Agreement with the City of Muzquiz, a political subdivision of the Free and Sovereign State of Coahuila, Mexico in compliance with City of Denton Ordinance 2008 -11; authorizing the donation of Police and Fire Equipment to the City of Muzquiz; authorizing the donation of the equipment with an estimated value greater than Five Hundred Dollars ($500); and providing an effective date (File 5824- Donation Agreement with the City of Muzquiz). Council considered Items O -S pulled for separate consideration. Ordinance No. 2015 -141 O. ID 15 -396 Consider adoption of an ordinance approving a salary increase for Anita City of Denton City Council Minutes May 5, 2015 Page 15 Burgess, City Attorney, under the performance review provision of her employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. Council Member Gregory motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Mayor Pro Tern Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No. 2015 -142 P. ID 15 -397 Consider adoption of an ordinance approving a salary increase for George C. Campbell, City Manager, under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. Mayor Pro Tern Engelbrecht motioned, Council Member Johnson seconded to adopt the ordinance. On roll call vote, Mayor Pro Tern Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No. 2015 -143 Q. ID 15 -403 Consider adoption of an ordinance approving a salary increase for Robin A. Ramsay, Municipal Judge, under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. Council Member Ryan motioned, Mayor Pro Tern Engelbrecht seconded to adopt the ordinance. On roll call vote, Mayor Pro Tern Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No. 2015 -144 R. ID 15 -404 Consider adoption of an ordinance extending an employment agreement for the City Manager; amending Sections 3, 5 and 6 of said agreement; authorizing the Mayor to execute said agreement; and authorizing expenditures and actions. Mayor Watts noted that Comment Cards had been submitted by the following: Hatice Salih, 300 Northridge, Denton, 76201 - in opposition Daniel Garza, 300 Northridge, Denton, 76201 - in opposition David Zoltner, 2501 Timber Trail, Denton, 76209 - in opposition Council Member Gregory motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Mayor Pro Tern Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. City of Denton City Council Minutes May 5, 2015 Page 16 Ordinance No. 2015 -145 S. ID 15 -405 Consider adoption of an ordinance extending an employment agreement for the City Attorney; amending Sections 3, 5 and 6 of said agreement; authorizing the Mayor to execute said agreement; and authorizing expenditures and actions. Mayor Watts noted that Comment Cards had been submitted by the following: Hatice Salih, 300 Northridge, Denton, 76201 - in opposition Daniel Garza, 300 Northridge, Denton, 76201 - in opposition David Zoltner, 2501 Timber Trail, Denton, 76209 - in opposition 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 Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. 4. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS Ordinance No. 2015 -146 A. ID 15 -361 Consider adoption of an ordinance finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain (i) fee simple title to the surface estate, with waiver of surface use related to the mineral estate, of an approximate 1.28 acre of real property, (ii) a utility slope easement encumbering 0.244 acre of real property, (iii) a temporary construction, grading and access easement, encumbering 1.29 acre of real property; (iv) a slope easement encumbering 0.04 acre of real property, (v) a drainage easement encumbering 0.04 acre of real property, (vi) a sanitary sewer easement encumbering 0.65 acre of real property, (vii) a utility drainage easement encumbering 0.01 acre of real property, and (viii) a temporary access easement encumbering 1.11 acre of real property; for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway located in the City of Denton, Texas, generally located in the 1800 block of N. Bonnie Brae Street, and situated in the A. Tompkins Survey, Abstract No. 1246 and the O. S. Brewster Survey, Abstract No. 56, City of Denton, Denton County, Texas, as more particularly described on "Exhibit "A ", attached thereto and made a part thereof, (collectively the "Property Interests "); authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; authorizing the expenditure of funds therefore; making findings; providing a savings clause; and providing an effective date. (Bonnie Brae Road Widening and Improvements Project: Parcel 17, Jones Family Trust) LuAnne Oldham, Real Estate Specialist, presented information on the proposal. The project involved the Bonnie Brae Road widening and improvements. She noted that she would be presenting the legal description of the property on the overhead screen as the motion was being read. City of Denton City Council Minutes May 5, 2015 Page 17 Council Member Gregory motioned: "I move that the City of Denton, Texas authorize the use of the power of eminent domain to acquire (1) fee simple title to the surface estate, with waiver of surface use related to the mineral estate, of an approximate 1.28 acre tract of real property, (2) a utility slope easement encumbering 0.244 acre of real property, (3) a temporary construction, grading and access easement, encumbering 1.29 acre of real property, (4) a slope easement encumbering 0.04 acre of real property, (5) a drainage easement encumbering 0.04 acre of real property, (6) a sanitary sewer easement encumbering 0.65 acre of real property, (7) utility drainage easement encumbering 0.01 acre of real property, and (8) a temporary access easement, encumbering 1.11 acre of real property, all of which are for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway situated in the A. Tompkins Survey, Abstract No. 1246 and the O. S. Brewster Survey, Abstract No. 56, City of Denton, Denton County, Texas and are generally located in the 1800 block of N. Bonnie Brae Street, and are more particularly described in Exhibit "A" to the ordinance now under consideration and on the overhead screen being now displaced to the audience." Council Member Hawkins seconded the motion. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION First Reading A. SI15 -0011 Consider adoption of an ordinance of the City of Denton, Texas, on first reading, confirming and approving a Boundary Adjustment Agreement, with the City of Corinth, Texas, adjusting a mutual boundary of the cities not exceeding 1,000 feet; providing for severability; and providing an effective date. Aimee Bissett, Interim Director of Planning and Development, stated that this was a boundary adjustment with the city of Corinth. She presented the location map and zoning map. This adjustment was a mutual request from the cities of Denton and Corinth and would not exceed 1,000 feet. If approved the next step would be to amend PD -12 to extend the boundary to include the new area and complete the final plat. 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 Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Resolution No. R2015 -014 B. ID 15 -347 Consider approval of a resolution appointing a member of the Board of Directors of Texas Municipal Power Agency, a Joint Powers Agency representing the City of Denton, Texas; and declaring an effective date. Mayor Watts left the meeting with a conflict of interest. City of Denton City Council Minutes May 5, 2015 Page 18 Council Member Gregory motioned, Council Member Ryan seconded to appoint Chris Watts to the TMPA Board of Directors. On roll call vote, Mayor Pro Tem Engelbrecht "aye ", Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", and Council Member Ryan "aye ". Motion carried unanimously. Mayor Watts returned to the meeting. 6. PUBLIC HEARINGS Ordinance No. 2015 -147 A. HL 15 -0004 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, designating the property located at 1109 West Congress Street, legally known as Lot 2 (all), Lot 6 (n25' of w75'), Block 4 of the High School Addition, as a historic landmark under Section 35.7.6 of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval (7 -0). Aimee Bissett, Interim Director of Planning and Development, stated that the request was for a historic landmark designation for 1109 W. Congress. She presented site photos and criteria for approval which the proposal met. The Planning and Zoning Commission and the Historic Landmark Commission recommended approval. The Mayor opened the public hearing. Mayor Watts noted that Comment Cards had been submitted by the following: John and Donna Morris, 918 W. Oak, Denton — in favor Angie Matthews, 317 Matthew, Denton, 76210 — in favor Chris Voci, applicant, spoke in favor. Council Member Johnson asked Voci about his experience going through the process from the application to this meeting. Voci stated that he submitted his preliminary application after HLC approved it and then his final application was submitted in December. The entire process was about five -six months from first started. He suggested a seminar on how to do the process. The Mayor closed the public hearing. Council Member Ryan 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 Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. City of Denton City Council Minutes May 5, 2015 Page 19 Ordinance No. 2015 -148 B. HL 15 -0006 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, designating the property located at 923 West Oak Street, legally known as Tract 17, A.E. Pulchalski Survey, Abstract No. 996, as a historic landmark under Section 35.7.6 of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval (7 -0). Aimee Bissett, Interim Director of Planning and Development, presented the details of the proposed historic designation. The HLC had made the recommendation to designate both the land and the home as a historic designation. The Planning and Zoning Commission and the Historic Landmark Commission recommended approval. The Mayor opened the public hearing. Mayor Watts noted that two Comment Cards had been submitted: John and Donna Morris, 918 W. Oak, Denton — in favor Angie Matthews, 317 Matthew, Denton, 76210 — in favor Randy Hunt spoke in favor. The Mayor closed the public hearing. 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 Hawkins "aye ", Council Member Johnson "aye ", Council Member Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. Ordinance No, 2015 -149 C. HL 15 -0012 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, designating the property located at 1011 West Oak Street, legally known as Tract 22, A.E. Pulchalski Survey, Abstract No. 996, as a historic landmark under Section 35.7.6 of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval (7 -0). Aimee Bissett, Interim Director of Planning and Development, presented the details of the request for historic designation at 1011 West Oak Street. She reviewed site photos, location map and notification map. The HLC had approved a preliminary application. She reviewed the criteria for approval which the proposal met. The Planning and Zoning Commission and the Historic Landmark Commission recommended approval. The Mayor opened the public hearing. Mayor Watts noted that Comment Cards had been submitted by: City of Denton City Council Minutes May 5, 2015 Page 20 John and Donna Morris, 918 W. Oak, Denton — in favor Angie Matthews, 317 Matthew, Denton, 76210 — in favor Randy Hunt spoke in favor. 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 Ryan "aye ", and Mayor Watts "aye ". Motion carried unanimously. 7. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: B. ID 15 -383 Willie Hudspeth regarding Southeast Denton issues. Mr. Hudspeth stated that he had several issues to discuss with the Council. One of his concerns was the time when citizens were allowed to speak. Another was a meeting that was hosted asking City leaders to come and get to know each other. Some members did not attend the meeting. Administrators were causing him problems at his business at Oak and Bonnie Brae. His final concern was that the Parks Department had never had an African - American in a leadership role. He thanked Police Chief, Fire Chief and the County Sheriff for attending his meeting. 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. Mayor Pro Tem Engelbrecht thanked the Parks Department for bringing Quakertown Park up to better standards for Cinco de Mayo after the wet weather during Jazzfest. Council Member Hawkins echoed Mayor Pro Tem Engelbrecht's thanks. Council Member Johnson thanked staff for the information concerning food trucks. City of Denton City Council Minutes May 5, 2015 Page 21 Mayor Watts suggested a committee be formed to discuss potential changes in the use of the Tree Mitigation Fund and different way to approach the tree ordinance. Mayor Watts requested a presentation by the Planning Department describing different projects in process and requested an update on those listed projects. 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 7:40 p.m. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 12, 2015 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, May 12, 2015 at 4:00 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 Ryan, Council Member Roden, and Mayor Watts. ABSENT: None. 1. Work Session Reports A. ID 15 -385 Receive a report, hold a discussion, and give staff direction on the Road Impact Fee calculations, and comparison with other cities. PS Arora, Wastewater Division Manager, reviewed the items covered to date and items that would be covered at this meeting. Those items included impact fee calculation, comparison information for impact fees and impact fee procedures. The process in determining the vehicle - mile calculation in residential and non - residential calculation was reviewed. This was tied into the calculation of the impact fee. The Service Area "D" impact fee CIP recoverable cost was reviewed. The total need was $39.61 million. The Impact Fee CIP recoverable cost required the removal of the cost to meet existing demand, the removal of the cost outside the 10 year need and provide credit for ad valorem taxes. The formula for the maximum impact fee per vehicle mile was presented. Each service area had its own calculation for the maximum impact fee per vehicle mile. A comparison of roadway impact fees for single family from various cities in the Metroplex was presented. Preliminary recommendations from staff included adopting impact fees between 25 -30% of the maximum calculated fee and using the same impact fee amount for all service areas. Council discussed various scenarios associated with the proposed fees and the amount of trips generated in multi - family versus single family. There was a policy perspective to discuss on whether to assess a different fee per type of zone or one fee for the entire city. Arora stated that he would be presenting the incentives at the next meeting for Council to consider. Mayor Watts questioned what other cities were doing with infill and for a definition of infill. PS reviewed the different rates for different zones. Mayor Watts stated that he had difficulty with the concept of the requirement that when development occurred, right -of -way had to be dedicated. If the City was going to start giving credit for right -of -way, he questioned how the value of the land would be determined. Mayor Pro Tern Engelbrecht asked if there was a 10 year plan and how to handle inflation. Arora stated that the fee had to be updated every 5 years by State law and that would take inflation into consideration. Any rate could be set but 5 years was the maximum. City of Denton City Council Minutes May 12, 2015 Page 2 Council Member Johnson stated that he was not ready at this time to make a decision. He would like to see five projects going through the process at this time and see the calculations for those projects. He requested more real examples for the fee comparison. Council Member Hawkins agreed with that process to look at different scenarios. Council Member Roden asked if Council Member Johnson was in favor of shifting to impact fees and just needed to know the fee range. Council Member Johnson stated that he was in favor of the impact fees but needed more information on the associated fee to implement. Mayor Watts suggested including some smaller projects and some new development to see how the credits would impact the fee. B. ID 15 -423 Receive a report and hold a discussion regarding a gas well fire on May 7, 2015 and following emergency responses by the City of Denton and state regulatory agencies. Laura Behrens, Fire Marshal, updated the Council on the incident and reviewed an associated timeline. Council Member Roden asked if this was an active well. Behrens stated that it was a low producing well which was shut in. There was no product received from it. The well was not plugged but also was not in production. A low level of gas at the well head was being released and that was what was on fire. Council discussed responders getting on scene and fact that there were multiple reports on the fire with no specific address for the location. They also discussed the requirements for an all - weather road, techniques of fire suppression during the fire, response time of the technical experts from the well owners, companies within the Metroplex that would be able to participate in suppressing the fire and direct City personnel on how to properly respond. It was noted that response time was dependent on type of equipment needed to put out a fire. It was expressed that there was a need to coordinate a good communication process with the community and that there were limitations of what a municipal fire department could do in a hazardous materials situation as it was a different orientation process. Mayor Watts asked for a staff report on high pressure to low pressure due to the malfunction of equipment and how that occurred. Following the completion of the 2nd Tuesday Session, the City Council convened in a Closed Meeting at 5:37 p.m. to consider the specific items listed below under the Closed Meeting section. 1. Closed Meeting: A. ID 15 -413 Consultation with Attorneys -Under Texas Government Code, Section 551.071; City of Denton City Council Minutes May 12, 2015 Page 3 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. [Locust substation/no associated action item] B. ID 15 -419 Consultation with Attorneys -Under Texas Government Code Section 551.071. Consult with City's attorneys regarding legal rights, restrictions, and obligations under Texas law, associated with overlapping extraterritorial jurisdictions claimed by municipalities neighboring the City of Denton, Texas, as well as possible negotiated resolutions of such matters, where a public discussion of such legal matters would conflict with the duty of the City's attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in potential litigation. [ID 15 -417] C. ID 15 -414 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. Special Called Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes May 12, 2015 Page 4 1. ITEMS FOR INDIVIDUAL CONSIDERATION First Reading A. A15 -0012b Consider adoption of an ordinance of the City of Denton, Texas, on first reading to involuntarily annex approximately 578.74 acres of land contained in eight (8) of the fifteen (15) annexation areas. Four (4) of the annexation areas include approximately 440.19 acres of land and are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ) Division 1, and are identified as PAA1, PAA2, PAA3, and PAA4. The remaining four (4) areas include approximately 138.65 acres of land and are considered unincorporated ETJ pockets located within the body of the City of Denton's corporate limits and are identified as DH2, DH3, DH4, and DH 11; providing for a penalty in the maximum amount of $2000.00 for violations thereof, severability and an effective date. (A15- 0012b) Aimee Bissett, Interim Director of Planning and Development, stated that in 1999 the Denton Plan called for a significant annexation plan at that time. In 2009 an annexation plan was completed and identified a large area of annexation to be considered. In 2010 the City entered into annexation agreements for five years that expire this year. One year extensions were offered for those properties that continued to qualify for the exception. This was the first reading of the ordinance. Eight areas were located in the city's ETJ. The locations of the annexation areas and the amount of property were reviewed. Bissett noted that staff would continue to work with the property owners for an exemption and refine the area to be annexed. Council Member Gregory motioned, Council Member Hawkins seconded to adopt the ordinances. On roll call vote, Council Member Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Ryan "aye ", Council Member Hawkins "aye ", Council Member Roden "aye ", and Mayor Pro Tem Engelbrecht "aye ". Motion carried unanimously. Ordinance No. 2015 -150 B. ID 15 -386 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute a Contract of Sale (herein so called), as attached hereto and made a part hereof as Exhibit "A ", by and between the City of Denton, (the "City ") and DENTON 68 JOINT VENTURE, a Texas Joint Venture (the "Seller), regarding the sale and purchase of fee simple to three tracts identified as (I) a 6.458 acre tract, known as Lot 57, Block A, of THE OAKS OF TOWNSHIP II, recorded in Cabinet E, Page 13, Plat Records Denton County, Texas; and (11) a 0.361 acre tract, more or less, out of the R. H. Hopkins Survey, Abstract No. 1694, and being part of Township II, Phase 2, and recorded in Volume 11, Page 14, Plat Records, Denton County, Texas; and (III) a 3.384 acre tract, known as Lot 44, Block A of the Woodlands of Township II, recorded in Cabinet E, Slide 16, Plat Records, Denton County, Texas, all being additions to the City of Denton, Denton County, Texas, located generally in and around the Township II area south and west of Colorado Blvd., south of Foxhollow, north and east of Angelina Bend Dr. and west of Valley Creek Rd., in the City of Denton, Denton County, Texas, as more particularly described in the Contract of Sale, (the "Property Interests "), for the purchase price of Fifty Four Thousand Six Hundred and No/ Dollars and No Cents ($54,600.00), City of Denton City Council Minutes May 12, 2015 Page 5 and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Township II Park Property Acquisition project: Tracts 1, 2, and 4 - Denton 68 Joint Venture) LuAnne Oldham, Real Estate Specialist, presented the details of the proposal. The ordinance would authorize a contract sale of the remaining three tracts in the Oaks of Township 11 property. Council Member Roden motioned, Council Member Johnson seconded to adopt the ordinance. On roll call vote, Council Member Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Ryan "aye ", Council Member Hawkins "aye ", Council Member Roden "aye ", and Mayor Pro Tem Engelbrecht "aye ". Motion carried unanimously. Ordinance No. 2015 -151 C. ID 15 -417 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an Interlocal Boundary and Extraterritorial Jurisdiction Contract between the City of Denton and the Town of Ponder; providing for severability, savings and an effective date. Jerry Drake, Deputy City Attorney, stated that Council had been briefed in Closed Meeting on this agreement. The City of Ponder had the proposal on their upcoming agenda. Council Member Ryan motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Council Member Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Ryan "aye ", Council Member Hawkins "aye ", Council Member Roden "aye ", and Mayor Pro Tem Engelbrecht "aye ". Motion carried unanimously. Ordinance No. 2015 -152 D. ID 15 -420 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and the Denton Parks Foundation to assist with the costs of seating in Quakertown Park; providing for the expenditure of funds; and providing for an effective date. ($1,200) City Manager Campbell stated that the agreement would use Council contingency funds for seating in Quakertown Park and recommended approval. Council Member Roden asked about the type of seating. Mayor Pro Tem Engelbrecht noted that the seating would be in the garden area so people could enjoy the park setting. Mayor Pro Tem Engelbrecht motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Gregory "aye ", Mayor Watts "aye ", Council Member Ryan "aye ", Council Member Hawkins "aye ", Council Member Roden "aye ", and Mayor Pro Tem Engelbrecht "aye "; Council Member Johnson "nay ". Motion carried with a 6 -1 vote. City of Denton City Council Minutes May 12, 2015 Page 6 Resolution No. R2015 -015 E. ID 15 -421 Consider approval of a resolution of the City of Denton, Texas ( "City "), approving a change in the rates of Atmos Energy Corporation, Mid -Tex Division ( "Atmos ") as a result of a settlement between Atmos and the Atmos Texas Municipalities ( "ATM ") under the rate review mechanism; finding the rates set by the attached tariffs to be just and reasonable; finding that the meeting complied with the Open Meetings Act; declaring an effective date; and requiring delivery of the resolution to the company and legal counsel. John Knight, Deputy City Attorney, presented the details of the settlement which was the culmination of several years of negotiations to set the gas rates for Atmos in the future Council Member Hawkins motioned, Council Member Gregory seconded to approve the resolution. On roll call vote, Council Member Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Ryan "aye ", Council Member Hawkins "aye ", Council Member Roden "aye ", and Mayor Pro Tem Engelbrecht "aye ". Motion carried unanimously. 2. PUBLIC HEARINGS Ordinance No. 2015 -153 A. S15-0001 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit for Multifamily Dwellings in a Regional Center Commercial Downtown (RCC -D) zoning district and use classification. The approximately 6.93 acre site is generally located 605 feet west of South I -35E and 540 feet north of Wind River Lane; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (S 15 -0001) Aimee Bissett, Interim Director of Planning and Development, stated that the requested specific use permit was for a multifamily development located in Unicorn Lake. There were 227 units proposed for the development. She presented location map, zoning map, the L4 limitation permitted only with a specific use permit and the future land use map for regional mixed uses. The site plan showed four three -story apartment buildings with three secondary office uses, retail and restaurant. The proposal had 77% lot coverage and 23% landscape coverage. Staff worked with the applicant to break up the parking areas to make it easier for pedestrians and not have large contiguous areas of parking locations. Bissett reviewed the criteria for approval, the adjacent uses, and the proposed alternate buffer landscape plan to create a more walkable environment between the existing use and proposed use. The proposal would include pedestrian amenities to assist with the walkability. The notification map and responses were presented. The Planning and Zoning Commission recommended approval with the following conditions: 1. The development must substantially conform to the proposed site plan and landscape plan with the following additions: • Street trees shall be installed in accordance with Section 35.13.7.C.3 of the Denton Development Code along the north/south access drive on the east property line. City of Denton City Council Minutes May 12, 2015 Page 7 • A minimum of five bicycle racks shall be installed throughout the subject property. • A sidewalk shall be installed from the subject property to the undeveloped property to the west to provide for future pedestrian connection. 2. The development must substantially conform to the proposed elevations. Council Member Roden stated that the SUP was needed to approve the use but that the criteria for approval did not lock those into the statement. Bissett stated that the purpose of the conditions for approval would hold them to the conformity of what was shown at the meeting. Council Member Roden questioned the sidewalks adjacent to the property which was vacant. The Mayor opened the public hearing. Lee Ramsay, applicant, stated that he would answer any of the Council's questions. Council Member Gregory asked about the ingress /egress into site. Ramsay stated that access was from I -35 and Wind River. They were stubbing a road for future development. Council Member Johnson asked about the need for the sidewalk and questioned if the applicant was agreeable with that provision. Ramsay stated that the added sidewalk was no problem. Council Member Roden stated that this was a unique development area which he wanted to succeed. When he saw new projects for the area, he filtered them through his vision for area and whether they would help with that vision. He questioned what Ramsay saw this area doing and how this project fit in. Ramsay stated that the first project was very successful with 95% occupancy. That occupancy did not include all students. Phase 2 was under construction with 15% preleased. His vision was for an area transition to a commercial area to be in the middle of the new business. Keep that area as a walkable area with walking trails throughout the development. Council Member Roden questioned the density. Ramsay felt that the density was there but also there was a consideration to think of what the area would look with too much density. A consideration was what other citizens in the area would support and what a good fit for the area was. The Mayor closed the public hearing. Council Member Johnson motioned, Council Member Ryan seconded to adopt the ordinance and to remove the condition to install a sidewalk from the subject property to the undeveloped property to the west. On roll call vote, Council Member Gregory "aye ", Council Member City of Denton City Council Minutes May 12, 2015 Page 8 Johnson "aye ", Mayor Watts "aye ", Council Member Ryan "aye ", Council Member Hawkins "aye ", Council Member Roden "aye ", and Mayor Pro Tem Engelbrecht "aye ". Motion carried unanimously. Council returned to Agenda Item IA. A. A15 -0012b Consider adoption of an ordinance of the City of Denton, Texas, on first reading to involuntarily annex approximately 578.74 acres of land contained in eight (8) of the fifteen (15) annexation areas. Four (4) of the annexation areas include approximately 440.19 acres of land and are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ) Division 1, and are identified as PAA1, PAA2, PAA3, and PAA4. The remaining four (4) areas include approximately 138.65 acres of land and are considered unincorporated ETJ pockets located within the body of the City of Denton's corporate limits and are identified as DH2, DH3, DH4, and DH 11; providing for a penalty in the maximum amount of $2000.00 for violations thereof, severability and an effective date. (A15- 0012b) Deputy City Attorney Drake noted that the ordinance captions for each annexation ordinance needed to be read into the record. Mayor Watts recalled Agenda Item A. Mayor Pro Tem Engelbrecht read the ordinance caption for PAA1 into the record. First Reading An ordinance annexing an area of land to the city of Denton, Texas, generally identified as PAA1 of approximately 188.60 acres (less those parcels identified in Exhibit "C ") 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 "Z" attached hereto, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within PAA1 subject to non - annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Mayor Pro Tem Engelbrecht motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Council Member Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Ryan "aye ", Council Member Hawkins "aye ", Council Member Roden "aye ", and Mayor Pro Tem Engelbrecht "aye ". Motion carried unanimously. Council Member Roden read the ordinance caption for PAA2 into the record. City of Denton City Council Minutes May 12, 2015 Page 9 First Reading An ordinance annexing an area of land to the city of Denton, Texas, generally identified as PAA2 south of approximately 88.45 acres (less those parcels identified in Exhibit "C ") located on the south side of FM 1173, north of W. University Drive, west of I -35, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within PAA2 south subject to non - annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Council Member Hawkins motioned, Mayor Pro Tem Engelbrecht seconded to adopt the ordinance. On roll call vote, Council Member Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Ryan "aye ", Council Member Hawkins "aye ", Council Member Roden "aye ", and Mayor Pro Tem Engelbrecht "aye ". Motion carried unanimously. Council Member Johnson read the ordinance caption for PAA3 into the record: First Reading An ordinance annexing an area of land to the city of Denton, Texas, generally identified as PAA3 of approximately 219.96 acres (less those parcels identified in Exhibit "C ") located on the south side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I -35, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within PAA3 subject to non - annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Council Member Hawkins motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Council Member Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Ryan "aye ", Council Member Hawkins "aye ", Council Member Roden "aye ", and Mayor Pro Tem Engelbrecht "aye ". Motion carried unanimously. Mayor Watts read the ordinance caption for PAA4 into the record. First Reading An ordinance annexing an area of land to the city of Denton, Texas, generally identified as PAA4 of approximately 11.78 acres (less those parcels identified in Exhibit "C ") located on the south side of Milam Road; north of Loop 288; east of I -35, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties City of Denton City Council Minutes May 12, 2015 Page 10 within PAA4 subject to non - annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Council Member Gregory motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Council Member Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Ryan "aye ", Council Member Hawkins "aye ", Council Member Roden "aye ", and Mayor Pro Tem Engelbrecht "aye ". Motion carried unanimously. Council Member Gregory read the ordinance caption for DH -2 into the record. First Reading An ordinance annexing an area of land to the city of Denton, Texas, generally identified as DH -2 of approximately 73.51 acres (less those parcels identified in Exhibit "C ") 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, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within DH -2 subject to non - annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Council Member Roden motioned, Mayor Pro Tem Engelbrecht seconded to adopt the ordinance. On roll call vote, Council Member Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Ryan "aye ", Council Member Hawkins "aye ", Council Member Roden "aye ", and Mayor Pro Tem Engelbrecht "aye ". Motion carried unanimously. Council Member Hawkins read the ordinance caption for DH -3 into the record. First Reading An ordinance annexing an area of land to the city of Denton, Texas, generally identified as DH -3 of approximately 24.47 acres (less those parcels identified in Exhibit "C") 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, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within DH -3 subject to non - annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Council Member Roden motioned, Council Member Johnson seconded to adopt the ordinance. On roll call vote, Council Member Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Ryan "aye ", Council Member Hawkins "aye ", Council Member Roden "aye ", and Mayor Pro Tem Engelbrecht "aye ". Motion carried unanimously. City of Denton City Council Minutes May 12, 2015 Page 11 Council Member Ryan read the ordinance caption for DH -4 into the record. First Reading An ordinance annexing an area of land to the city of Denton, Texas, generally identified as DH -4 of approximately 347 acres (less those parcels identified in Exhibits "C ") 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, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within DH -4 subject to non - annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Mayor Pro Tem Engelbrecht motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Council Member Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Ryan "aye ", Council Member Hawkins "aye ", Council Member Roden "aye ", and Mayor Pro Tem Engelbrecht "aye ". Motion carried unanimously. Council read the ordinance caption for DH -11 into the record. First Reading An ordinance annexing an area of land to the city of Denton, Texas, generally identified as DH -11 of approximately 62.2 acres located southeast of the intersection of Mayhill Road and McKinney Street, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 10 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Council Member Roden motioned, Council Member Johnson seconded to adopt the ordinance. On roll call vote, Council Member Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Ryan "aye ", Council Member Hawkins "aye ", Council Member Roden "aye ", and Mayor Pro Tem Engelbrecht "aye ". Motion carried unanimously. 3. 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 City of Denton City Council Minutes May 12, 2015 Page 12 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 Gregory requested a press release regarding the gas well fire incident 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 7:35 p.m. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 19, 2015 The City of Denton City Council convened in the Work Session Room on Tuesday, May 19, 2015 at 5:30 p.m. to attend a reception honoring City Council. After determining that a quorum was present, the City Council convened in a Regular Meeting on Tuesday, May 19, 2015 at 6:30 p.m. in the Council Chambers at City Hall PRESENT: Mayor Pro Tem Engelbrecht, Council Member Gregory, Council Member Hawkins, Council Member Johnson, Council Member Roden, Council Member Ryan, and Mayor Watts. ABSENT: None. 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. Items for Individual Consideration: Ordinance No. 2015 -154 A. ID 15 -408 Consider adoption of an ordinance canvassing the returns and declaring the results of the Regular Municipal Election to elect four City Council Members to Districts 1, 2, 3, and 4 of the City Council of the City of Denton, Texas held in the City of Denton on May 9, 2015; and providing an effective date. Jennifer Walters, City Secretary, read the final vote totals for each of the four districts and upon favorable motion by the Council indicated that Kevin Roden - District l; Keely Briggs- District 2; Kathleen Wazny- District 3; and Joey Hawkins - District 4 would be duly elected. Council Member Hawkins motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Ryan "aye ", Council Member Hawkins "aye ", Council Member Roden "aye ", and Mayor Pro Tem Engelbrecht "aye ". Motion carried unanimously. B. Oath of Office administered to newly elected Council Members. Jennifer Walters, City Secretary, administered the oath of office to the newly elected Council Members - Kevin Roden - District l; Keely Briggs- District 2; Kathleen Wazny- District 3; and Joey Hawkins- District 4. C. Election of Mayor Pro Tempore. Council Member Roden motioned, Council Member Johnson seconded to elect Council Member Gregory as Mayor Pro Tempore. On roll call vote, Council Member Briggs, Council Member Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Wazny "aye" and Mayor Watts "aye ", ". Motion carried unanimously. D. Resolutions of Appreciation for Jim Engelbrecht and John Ryan. City of Denton City Council Minutes May 19, 2015 Page 2 Mayor Watts read the Resolution of Appreciation for John Ryan. Mayor Pro Tem Gregory motioned, Council Member Hawkins seconded to approve the Resolution of Appreciation. On roll call vote, Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Wazny "aye" and Mayor Watts "aye ". Motion carried unanimously. Mayor Watts read the Resolution of Appreciation for Jim Engelbrecht. Council Member Johnson motioned, Mayor Pro Tem Gregory seconded to approve the Resolution of Appreciation. On roll call vote, Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Wazny "aye" and Mayor Watts "aye ". Motion carried unanimously. With no further business, the meeting was adjourned at 7:10 p.m. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 26, 2015 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Tuesday, May 26, 2015 at 2:00 p.m. in the Council Work Session Room at City Hall. 1. Work Session Reports A. ID 15 -412 Receive a report, hold a discussion and provide staff direction relating to a proposal submitted by the Denton Community Market on establishing a new market location. Mark Nelson, Director of Transportation, gave a presentation regarding a proposal submitted by the Denton Community Market on establishing a new market location. Key elements of the proposal included use of the former tax office property at 300 E. McKinney, a downtown location, and a five -year lease agreement. They were also looking for a site that would accommodate their growth. The proposal included several city - funded upgrades: parking for 81 vehicles; a covered facility for all weather and multi - season; restrooms; access to electric; access to water; green space (1 acre). Future wants included a permanent building for the Market and a long -term lease and partnership. Their proposal indicated that they no longer considered the 121 Exposition site a viable option for the future of the Market. Their proposal outlined desired enhancements to be made to the two -acre McKinney Street tract including paved parking, green space, a pavilion with stage, electric and water services for vendors and food trucks, and public restrooms. Staff worked with Kirkpatrick Studio to develop a planning -level cost estimate for the proposed improvements. The total costs of improvements proposed were estimated at $1,259,458. Council Member Johnson asked for additional information comparing the cost of permeable paving versus traditional paving. Council Member Roden asked if the idea was that the Market would be restricted to the east side of the property, leaving the additional parking on the west side. Kati Trice, founder and vendor coordinator of the Denton Community Market, and Vicki Oppenheim, coordinator and planner of the Market, responded that they planned to use the entire space including the green space and parking for placement of vendors and activities during the market. Right now the market was open 9:00 a.m. until 1:00 p.m. every Saturday for 35 Saturdays from April to November. When the market was not in session, the green space could be utilized by the residents and visitors, and the parking could be used for downtown events and activities as well as businesses. Roden asked what elements were essential and if any elements could be phased in over time. Trice responded that phasing was an option; core needs were green space, electricity, water, and restrooms. Johnson asked why the Exposition site was determined not to be viable for the market. City of Denton City Council Minutes May 26, 2015 Page 2 Trice stated that the Exposition site was determined not viable because the feel of that area was very industrial and not connected to other downtown activities. Johnson suggested that the Market could be a draw for other activities on the Exposition site to compliment expected future growth in that area. Nelson responded that the Exposition site served as the primary parking for the Police and Fire Training Facility. In addition to that the City was looking at adding additional hard - surface parking to accommodate the demand in that area. Johnson asked how many additional parking spots could be accommodated in the Exposition site. Nelson estimated that there were roughly 80 parking spaces that were marked at the Exposition lot. There was a green spot where a structure had been removed. It could be re- orientated to change it to accommodate roughly 170 -180 spots. Council Member Briggs suggested a test -run of the Market at the McKinney location. Council Member Hawkins asked if there had been any vendor feedback regarding the current site. Trice responded that there were challenges with the current site, including lack of permanent restrooms, a short -term lease, and no year -round facility. Roden asked about the Market's discussions with the County on the current site. Oppenheim responded that the Market did not have a long -term agreement with the County. They had discussed options for restrooms, but none of the other requested amenities. Roden suggested the Market do a test at each location and collect data from visitors. He asked to look further at parking options for a multi - purpose space at the end of the rail trail. Trice explained that both the parking spaces and the green space would be used on Market days and would be unavailable to vendors and customers at that time. Council Member Wazny suggested that any improvements be long -term. She asked staff to explain the long -term plan for the McKinney site. George Campbell, City Manager, responded that the City had not asked for proposals or done an analysis for the best use of the site, but had anticipated it might be used for transit - oriented development in the future. Briggs asked if the restrooms would be open to the public throughout the week. Trice suggested that the property could be additional green space, parking and restrooms for the downtown area. City of Denton City Council Minutes May 26, 2015 Page 3 John Cabrales, Assistant City Manager, responded that staff could explore extended hours for the facility, but there were vandalism and maintenance issues that would have to be addressed. Roden asked about the capacity of the Railroad Avenue parking lot. Nelson responded that there were roughly 120 spots in that lot, 64 in the transit center parking lot and around 75 -80 in the Exposition lot. Roden asked about the current parking capacity for the Market at the current location. Oppenheim responded that they had access to the DATCU lot and on- street parking in the current location. Mayor Watts asked Aimee Bissett, Director of Economic Development, to respond to the question regarding the long -term plan for the McKinney site. Bissett stated that the City Council had asked staff to draft an RFP for use and redevelopment of city -owned property and innovative parking solutions. The McKinney site could potentially be a part of that RFP. Watts stated that the intent in purchasing the property was to hold it for either a municipal complex or some type of public - private partnership with a private developer. He suggested that the Market continue to explore the Exposition site and look at other locations outside of the downtown area. Johnson asked that staff take the Market's plan and do a layout on the Exposition site and see what it looks like. General consensus of the Council was for staff to provide a cost estimate of the key elements on the Exposition site and to work with the Market to do a test run of the market at both sites. Council also gave direction to schedule regular meetings with the Market coordinators to share information. B. ID 15 -427 Receive a report, hold a discussion and provide direction regarding a proposal from the Convention and Visitors Bureau to lease and operate a new Visitors Center in downtown Denton. Bryan Langley, Assistant City Manager, stated that the Convention and Visitors Bureau had presented a proposal to the Hotel Occupancy Tax Committee to discuss the possibility of leasing and operating a Visitor Center in the downtown area. The HOT Funds Committee had considered this item and recommended the proposal be presented to the City Council. Although this type of proposal was typically considered during the budget process, this project was time - sensitive, and so was coming before the council for consideration. Kim Phillips, Vice President of the Denton Convention & Visitors Bureau (CVB), presented the Discover Denton Welcome and Experience Center Project. The project was based on a business City of Denton City Council Minutes May 26, 2015 Page 4 plan developed by the 2011 -2012 Leadership Denton class. The proposed site was on the downtown square between Evers Hardware and Lone Star Attitude. The business plan included a visitor center, sundries, internal promotions and sponsorships, ticket sales, tours and rentals. The physical space would also include a recording studio and offices for Denton Radio and the CVB. The CVB was requesting a budget amendment of $135,000 as a prorated amount to begin August 1, 2015. The budget request for 2016 was $200,000. Briggs asked if this was the only location considered. Phillips responded that they had looked at several locations over the last three years. They had considered the Gulf station at the corner of Elm and McKinney and requested funding for this location from the 2014 bond committee. An agreement could not be made with the building owners. Briggs expressed concern with the noise and activity levels at the proposed location. Hawkins stated that it would be beneficial for the City to have a physical space on the square. Roden asked where the budget amendment would be funded from. Chuck Springer, Director of Finance, responded that the Tourist and Convention Fund revenues were expected to exceed budgeted expenditures. Those revenues would fund the budget amendment. Roden also asked if there were any cost savings by moving CVB offices from the current location. Phillips answered that the offices proposed would be for additional office space and staff for the program. Roden asked if this would compete with other Denton businesses. Phillips stated that they would not sell anything to compete with an existing Denton store, but would provide an outlet for artists that don't currently have one in Denton. Briggs asked how the CVB would measure success for the project. Phillips stated that the center would not be a profit center, but would support the mission of the CVB. She did not expect the center to pay for itself or make a profit, but might generate revenue to offset some of its costs. Wazny asked about parking for the location and projected revenue. Johnson asked Phillips to discuss access to the rooftop deck on the building. He suggested that this could be a benefit for economic development efforts. Hawkins asked if other visitors centers had sold gift cards for the local businesses in the area. City of Denton City Council Minutes May 26, 2015 Page 5 Phillips responded that it was something they had considered. Mayor Watts asked if the rent rate was based upon a certain finish -out allowance. Phillips confirmed. Watts suggested that in the future, the City discuss options to own locations instead of renting. The Council gave direction to move forward with a contract with the CVB and a budget amendment to consider on the June 16 council agenda. C. ID 15 -425 Receive a report, hold a discussion and give staff direction regarding Fire and Emergency Medical Services incident demand and strategies to improve response times. Robin Paulsgrove, Fire Chief, gave a presentation regarding response times and performance indicators for Fire and Emergency Medical Services. He stated that his goal was to develop comprehensive strategies to improve response time. Paulsgrove explained that several criteria could impact response time, including travel distance, call volume, development density, target hazard, service equity, annexation agreement, and Insurance Services Office (ISO) standards. Paulsgrove stated that the Denton Fire Department target response time was 5 minutes or less, excluding dispatch time. The department had not met that goal in the previous two years. Paulsgrove presented response times by district and explained that the high call volume increased response times, especially in fire districts that did not have medical units. In southeast Denton, data revealed the highest call volume. District 6 had the longest response times and the highest call volume growth projections. District 6 experienced a call volume that required supplementary responses from other districts to handle simultaneous calls. In the area of east Denton, District 2, the data revealed high call volume, long response times and call volume growth. The analysis had revealed an area southeast/east as a priority location for an additional fire station. He stated that staff had identified the potential to utilize existing City - owned property for a Fire Station 8. After Medical Unit 7 was placed in service southwest, one additional station, Station 4 in Northeast Denton, would remain without a medical unit. In 2014, District 4 required responsive support from other districts over 57 percent of the total incidents within the district. Over 19 percent of ambulance responses in District 4 experienced a response time of ten minutes or longer. Paulsgrove stated that based on existing conditions, he recommended a new fire station 8 located southeast and a medical unit at existing Station 4. Mayor Watts asked if a medic unit at Station 4 was a higher priority than an additional station. Paulsgrove responded that based on his analysis, Station 8 would be the higher priority. City of Denton City Council Minutes May 26, 2015 Page 6 Paulsgrove responded that there was no additional funding allocated to add a unit. The station was currently staffed with an engine company. Paulsgrove presented analysis of the resource demand criteria to determine prioritization of future stations and medical units. Wazny asked about the overlap in 911 systems. Paulsgrove responded that the dispatch study might recommend technology improvements to address this issue. Briggs asked if every firefighter was EMS certified. Paulsgrove clarified that every member of the responding organization was EMS certified, even if they were responding as part of the engine company. The Council asked if there were other vehicles that could help improve response times for the high frequency calls. Paulsgrove explained that both medical units and engines had dual use capabilities. Mayor Watts asked if there were other opportunities for shared services to meet demand. Paulsgrove stated that there were opportunities, but not to the same level as the agreement with the Argyle Emergency Services District. 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. Council Member Johnson asked what the process was for the use of revenues in excess of expenditures. Johnson asked to discuss how to handle the excess expense for Arts & Jazz festival. Council Member Roden asked to discuss fiber connectivity for commercial areas, including downtown and neighborhoods. Roden asked to receive a report with mapping of dumpsters in the right -of -way. Roden asked for report on the signs for handicap parking on East Hickory. City of Denton City Council Minutes May 26, 2015 Page 7 Mayor Watts asked about employment requirements for the animal shelter and adoption center. Watts asked for a history of bond issuances and projects completed or funding reallocated. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:24 p.m. to consider specific items when these items were listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 15 -444 Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with 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. B. ID 15 -447 Consultation with Attorneys - Under Texas Government Code Section 551.071, Deliberation regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Deliberation regarding Real Property - Under Texas Government Code Section 551.072. 1. 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 City of Denton City Council Minutes May 26, 2015 Page 8 the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. C. ID 15 -448 Consultation with Attorneys - Under Texas Government Code Section 551.071, Deliberation regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. 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. D. ID 15 -463 Consultation with Attorneys - Under Texas Government Code, Section 552.071. 1. Consult with City's attorneys regarding litigation styled Watson v. City of Allen, et al., Cause No. 4:15 -cv- 00335 -A, currently pending in the US District Court, Northern District of Texas where public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. The Council returned to Open Session and with no further business, the meeting was adjourned at 8:17 p.m. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 2, 2015 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 2, 2015 at 2:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Briggs, Mayor Pro Tern Gregory, Council Member Hawkins, Council Member Johnson, Council Member Roden, Council Member Wazny, and Mayor Watts. ABSENT: None. 1. Citizen Comments on Consent Agenda Items There were no Comment Cards submitted by citizens for Consent Agenda Items. 2. Requests for clarification of agenda items listed on the agenda for June 2, 2015. There were no requests for clarification of agenda items by Council. 3. Work Session Reports A. ID 15 -440 Receive an update from the Denton Parks Foundation regarding the Eureka 2 Playground. Emerson Vorel, Director of Parks and Recreation, introduced Molly Tampke, Executive Director of the Parks Foundation. Ms. Tampke presented an update on the Eureka 2 Park. There currently were two active areas that the Foundation was working on. One was the marketing area. She presented the information on the different sites available for information on the update of the Park. The second active area was fundraising. Many events were scheduled for fundraising which she reviewed. Members were approaching local businesses for donations and support, working with the schools, developing an on -line campaign through "Go Fund Me ", and had a major gifts campaign in progress. Currently the donations amount was approximately $122,000. By the end of the summer the Foundation would like to be at $375,000. There was a special opportunity for a donation of $10,000 to operate a backhoe to take down the old playground equipment. The Foundation was also seeking sponsorships for specific types of equipment, tables, benches, and handprint tiles that were available for purchase with names imprinted on them. She indicated that timing of the consultant to come and work on the site and hoped to start building around November 91n B. ID 15 -461 Receive a report, hold a discussion and give staff direction regarding City Council committee nominations. City Secretary Walters reviewed the current Council committee makeup and indicated that several members had provided preferences for the committees. Council discussed the committees and the current membership. Based on those discussions, the membership of the committees was adjusted. City of Denton City Council Minutes June 2, 2015 Page 2 City Secretary Walters indicated that the list of committee memberships would be revised and available for Council consideration at the regular meeting. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 2:29 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 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, 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. City of Denton City Council Minutes June 2, 2015 Page 3 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. This item was not considered. 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. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes June 2, 2015 Page 4 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 3. CITIZEN REPORTS A. ID 15 -407 Isabel Cano regarding benches for bus stops. Ms. Cano stated that she had been working on getting benches at the bus stops for several reasons. People were sitting on the ground or were chaining chairs to nearby poles in order to have a place to sit while waiting for the buses. She asked that benches be placed in the areas of the bus stops. A bench would not cost as much as a shelter and they would be in place faster than the shelters. Council Member Roden questioned Ms. Cano where she was in the process and what were the obstacles she was facing. Cano stated that she was trying to raise awareness but the State, DCTA and the City did not help. Council Member Johnson asked if she had spoken with Jim Klein with DCTA. Cano replied that DCTA was only interested in constructing bus shelters rather than benches. B. ID 15 -422 Willie Hudspeth regarding Southeast Denton issues. Mr. Hudspeth was not present at the meeting. 4. CONSENT AGENDA Council Member Hawkins motioned, Council Member Roden seconded to adopt the Consent Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member Briggs "aye ", Mayor Pro Tem Gregory "aye ", Council Member Hawkins "aye ", Council Member Johnson "aye ", Council Member Roden "aye ", Council Member Wazny "aye ", and Mayor Watts "aye ". Motion carried unanimously. Resolution No. R2015 -016 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. City of Denton City Council Minutes June 2, 2015 Page 5 Approved the noise exception listed below 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. Ordinance No. 2015 -155 C. ID 15 -429 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). Ordinance No. 2015 -156 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). Ordinance No. 2015 -157 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). Approved the minutes listed below. F. ID 15 -436 Consider approval of the minutes of March 2, March 3, March 24, April 6, April 7 and April 14, 2015. Ordinance No. 2015 -158 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 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) City of Denton City Council Minutes June 2, 2015 Page 6 Ordinance No. 2015 -159 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 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) Ordinance No. 2015 -160 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. (Al 5 -0015) Ordinance No. 2015 -161 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) 5. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS Ordinance No. 2015 -162 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 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 City of Denton City Council Minutes June 2, 2015 Page 7 an effective date. (Hickory Street DME Substation assemblage tract: Serendipity Business Interests) Smith Day, Compliance Manager, presented the details of the proposal. The parcel was part of the future Hickory Street Substation. The proposed ordinance would find that a public use and necessity existed to start the eminent domain process. The legal description of the project was displayed on the overhead screen. Council Member Johnson made the following motion: "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" Council Member Roden seconded the motion. On roll call vote, Mayor Pro Tern Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Wazny "aye ", Council Member Roden "aye ", and Council Member Hawkins "aye "; Council Member Briggs "nay ". Motion carried with a 6 -1 vote. Ordinance No. 2015 -163 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) City of Denton City Council Minutes June 2, 2015 Page 8 Smith Day, Compliance Manager, presented the details of the project which was part of the Hickory Street Substation. He noted the legal description and public use and necessity for the project. Council Member Hawkins made the following motion: "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" Council Member Roden seconded the motion. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Wazny "aye ", Council Member Roden "aye ", and Council Member Hawkins "aye "; Council Member Briggs "nay ". Motion carried with a 6 -1 vote. Ordinance No. 2015 -164 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; 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) Smith Day, Compliance Manager, presented the details of the tract for the Hickory Street Substation. He noted that there was a public use and necessity associated with the proposal and presented the legal description of the property. City of Denton City Council Minutes June 2, 2015 Page 9 Mayor Pro Tem Gregory made the following motion: "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 ". Council Member Johnson seconded the motion. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Wazny "aye ", Council Member Roden "aye ", and Council Member Hawkins "aye "; Council Member Briggs "nay ". Motion carried with a 6 -1 vote. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 15 -462 Consider appointments to Council Committees. City Secretary Walters noted that the revised Council Committee matrix was at the Council's seats for consideration. Council Member Roden motioned, Council Member Hawkins seconded to approve the appointments. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Wazny it Council Member Roden "aye ", and Council Member Hawkins "aye ". Motion carried unanimously. 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. Council Member Roden stated that Council would be trying to answer questions at this meeting, taking questions and determining the best method to answer them. Council Member Wazny stated that Council would welcome comments from citizens to be part of decision making process. City of Denton City Council Minutes June 2, 2015 Page 10 Mayor Pro Tem Gregory stated that Council would be interested in hearing ideas /suggestions for ways the City could be in the best position to fight for local control which was taken away by the State when HB40 was approved. Council Member Briggs stated that Council would welcome creative solutions. Mayor Watts stated that the Council was committed to the best thing for Denton in view of HB40. Council had heard loud and clear in November what the citizens wanted and Council wanted to provide information to citizens on how the situation had changed since then. The following individuals submitted speaker cards: Adam Briggle, 1315 Dartmouth Place, Denton, 76201 — opposed — advice from their attorney was for Council to repeal the fracking ordinance. Council Member Gregory asked if Mr. Briggle could elaborate on the conversations he had with their attorney. He felt Mr. Briggle had indicated that the attorney recommended repealing the ordinance. Briggle stated that was an accurate summation. Council Member Gregory asked where there might be better success. Briggle stated that there were a lot of fights being waged across the state and HB40 activated many cities to action. Mayor Watts asked Briggle if he had any questions to Council as far as the options and situation. Briggle stated that people were asking questions about technical aspects such as a way to leave the ban on the books in an unenforced state. Council Member Hawkins questioned what it meant personally to Briggle to leave the ordinance on the books when it was unenforceable. Briggle stated that it was more than just symbolism. If left on the books and when HB40 was gone, the ordinance would be there. Mayor Pro Tem Gregory questioned if there was a way to leave the ban on the books and somehow deal with the pending litigation with the idea of resolution on the part of the Council; perhaps recognizing that HB40 made the ban unenforceable. City Attorney Burgess stated that the Texas legislature would say that the fracturing ban was preempted by HB40. If left on the books it could affect the two lawsuits in progress. Looking forward to a resolution of them and some kind of consent decree, there needed to be some kind of agreement. To date there had not been any agreement in regards to the language of a Consent Decree. City of Denton City Council Minutes June 2, 2015 Page 11 Ron Seifert, 1400 Morim Drive, Denton - questioned what the City was prepared to do to follow through with the vote of the people. The City goal should be to get as close as possible to keeping fracking out of Denton. The authority and power came from the voters in Denton. Council Member Johnson stated that was what the Council had been doing since the ordinance passed. Even after finding out that the State had overruled the City, they were still doing everything possible to enforce the ban within the law. Council Member Roden suggested noting questions as they were presented and have time after all of the citizen comments to organize answers to the questions. Mayor Pro Tem Gregory stated that the oath of office they all took promised to uphold the laws of the State and the ordinances of City. Now they had an ordinance in conflict with the law of the State. He was curious to hear suggestions on how deal with regaining more local control given the realities of HB40 Seifert replied fight fracking in the courts Cindy Spoon, 2210 Westwood, Denton - table discussion for more time for a decision and public input. Council Member Hawkins asked about enacting an ordinance regarding enforcing an ordinance no longer on the books. City Attorney Burgess stated that staff was researching that issue. Jim McKinney, 2019 Crestwood Place, Denton, 76209 - enforce the ban and then challenge the constitutionality of HB 40; adopt an ordinance using portions of the restrictive ordinances from Dallas, Fort Worth and Houston and make it more restrictive. Mayor Pro Tem Gregory asked McKinney if he could pinpoint the provision in the Texas or US Constitution which made HB40 unconstitutional. McKinney stated that he did not know that that there was a way to equally enforce the bill without problems with larger cities. Mayor Pro Tem Gregory stated that Council was advised as well as DAG that the ban would lose in Court and questioned how the City would win by losing. McKinney felt that cities could regulate their zoning especially in terms of health. Alexandra Ponette, 1600 Highland Park, Denton, 76205 - respect the citizens right to vote, asked for time and fight was worth fighting for. Will Weste, 1400 Morim Drive, Denton, 6207 - table consideration at this time; keep the ordinance on the books. Amy Taylor, 2026 Sauls Lane, Denton, 76209 — Mayor read her comments as she did not speak; protect fracking ban and preserve local control City of Denton City Council Minutes June 2, 2015 Page 12 Matthew Fry, 1600 Highland Park, Denton, 76205 — questioned the use of local police to arrest protestors and felt it should be State police as the State had enacted the ban. Mayor Pro Tem Gregory asked if he would rather have State police take care of the arrests rather than local police. Fry said yes that it would be the worst case scenario but if the State tied their hands then they needed to take care of it. Mayor Pro Tem Gregory asked if Fry viewed HB40 as being explicit in preempting municipalities to ban fracking. Fry stated that he read it the same way but would like to keep the ordinance on the books and have another ordinance indicating that it would not be enforced. Jennifer Hensley, 517 Cardinal, Denton, 76209 — opposed to the proposed repeal of the fracking ban. Branden Finley, 806 Denton Street, Denton, 76201 — questioned what the next step was and the need to fight for local control. Eugene Hargrove, 2025 Houston Place, Denton, 76201 — felt this was a public trust obligation issue Rebecca and Walter Lindrose, 825 Lynhurst Lane, Denton, 76205 — urged the Council to defend the ban Michael Briggs, 2311 Houston, Denton — spoke in opposition Mayor Pro Tem Gregory asked if there were other parts of gas drilling that might be unenforceable under HB40. City Attorney Burgess stated that many cities were looking at their ordinances to determine if they were enforceable as Denton will have to do. Mayor Pro Tem Gregory asked if there were areas that were more vulnerable than others. City Attorney Burgess stated that the law was new and everyone was looking at it. Ed and Carol Soph, 1620 Victoria, Denton, - spoke in opposition Riley Briggs, 3108 Broken Bow, Denton — spoke in opposition to repealing the ban; he wanted the ban to stay and Denton to be frack free. Donna Bloom, 2019 Crestwood Place, Denton - was opposed to repealing the ban. Mayor Pro Tem Gregory asked Bloom if TxOGA and the Land Commission asked for a summary judgment, would it be in favor or against Denton. Bloom stated that she did not deal with that type of law but felt it was overbroad and over stepped. Mayor Pro Tem Gregory asked what would be won if the legal battle was lost. City of Denton City Council Minutes June 2, 2015 Page 13 Bloom stated that it would win the citizens behind them. Kelsey Fryman, 701 Fort Worth Drive, Denton, 76201 — spoke in opposition to repealing the ban. Kelli Barr, 701 W. Sycamore, Denton, 76201 — spoke in opposition Kevin Moffitt, 2332 Salado, Denton — was not present but Mayor Watts read his comments regarding the support of a long term plan to support anti - fracking in Denton. Paula Collins, 1223 Highland Park Road, Denton — read a letter regarding her opposition to the proposal Jodi Ismert, 819 Anna, Denton, 76201 — requested Council table the vote Jonathan Adams, 2210 Westwood, Denton, 76205 — spoke in opposition to repealing the ban Council Member Briggs asked what the effect would be if the ban were removed from the books. City Attorney Burgess stated that it could be put back on the books in the future through an initiative process or by action of the Council enacting a ban in the future. Eric Moll, 2210 Westwood, Denton, 76205 — spoke in opposition Pauline Raffestin, 2015 Bowling Green, Denton, 76201 — spoke in opposition Sue Smith, 1819 Crescent, Denton, 76201 — spoke in opposition to repealing the fracking ban. Deborah Armintor, 2003 Mistywood, Denton, 76209 — spoke in opposition Topher Jones, 419 Fulton, Denton, 76201 — spoke in opposition Mike Sutton3212 Old Orchard, Denton, 76209 — was not present but Mayor Watts noted that he was in opposition. Frank Mayhew, 2100 Greenway, Denton, 76207 — spoke in opposition Sharon Spiess, 7501 Stallion, Denton, 76208 — spoke in opposition Jonathan Vann, 1803 Wayne, Denton, 76209 — requested to table the discussion for more time to discuss and get community involvement. Alison Trapp, 3437 Crisoforo Drive, Denton, 76207 — spoke in opposition Ashleigh Milam, 1221 West Oak, Denton, 76201 — spoke in opposition Christopher Fuhrmann, 2924 Longfellow, Denton, 76209 — spoke in opposition Christine Niblo, 700 N. Austin, Denton, 76201 - was not present but Mayor Watts noted that she was in opposition. Rodney Love, 700 N. Austin, Denton, 76201 — spoke in opposition Tara Linn Hunter, 2210 Westwood, Denton, 76205 — spoke in opposition Marshall Smith, 2016 Redwood, Denton, 76209 — spoke in opposition Rachael Sanders, 200 S. Bonnie Brae, Denton, 6201 — spoke in opposition Sarah Fredericks, 5801 S. Dorchester, Chicago — spoke in opposition Nicole Chochrek, 1716 Carlton, Denton, 76201 — spoke in opposition The following individuals submitted Comment Cards in opposition: Heidi Thiele, 3908 Fawn Drive, Denton, 76208 Justin Lemons, 809 Emery, Denton, 76201 Rachael Sanders, 200 S. Bonnie Brae, Denton, 76201 Michael Hennen, 724 Thomas, Denton, 76201 City of Denton City Council Minutes June 2, 2015 Page 14 Sarah Olivares, 2424 W. Oak, Denton, 76201 Holly Garner, 1201 Bolivar, Denton, 76201 Ken Gold, 2512 Natchez Trace, Denton, 76210 Vivian Casper, PO Box 50272, Denton, 76206 Todd Ellis, 3437 Crisoforo, Denton, 76207 Christopher Walker, 805 Emery, Denton, 76201 Sara Nickel, 804 W. Locust, Denton, 76201 Gillian Murphy, 1905 Whitefish, Denton, 76210 Elizabeth Clinton, 2126 Stella, Denton, 76201 Laura Hernandez, 804 N. Locust, Denton, 76201 Melissa Moffitt, 2332 Salado, Denton, 76209 Dylan Reeves, 6503 Spring Hill, Krum, 76249 Kristin Logue, 6503 Spring Hill, Krum, 76249 Agatha Beins, 1501 Panhandle, Denton, 76201 Stone Curtan, 2015 Bowling Green, Denton, 76207 Jeri Bailey, 620 Pierce, Denton, 76201 Sarah Schulwitz, 1713 Carlton, Denton, 76201 Morgan Larson, 2210 Westwood, Denton, 76205 Jennifer Seman, 501 W. Congress, Denton, 76201 Lisa Bubert, 1606 W. Congress, Denton, 76201 Council discussed the questions that they and the citizens had concerning the proposal. Questions for discussion included whether the State police could help in the situation of the protestors, about the value of a second ordinance on the books stating that the current ordinance would not be enforced, whether the lawsuits would be void if there were not damages, and what the current ordinance looked like in terms of HB40. City Attorney Burgess stated that the current ordinance had not taken HB40 into consideration. At this point, the lawsuits did not address any additional issues and as pleaded was for injunctive relief. Council Member Roden questioned what the goal of the Council was. The citizens were asking what the Council's goal was in regards to gas drilling /fracking in the city of Denton. That would determine the future drafting of ordinances. There was a need for a significant policy discussion in the future due to the impact of HB40 on the current ordinance or anticipated changes in ordinance. Council was struggling to write an ordinance that was commercially reasonable to the industry. Mayor Pro Tem Gregory noted that a citizen initiative could be removed by a simple majority vote of the Council and felt that might need to be reviewed. Council Member Briggs noted that no one from the gas industry came to the meeting. Council Member Johnson stated that due to HB40, the conversation had gotten much bigger. There was now the need to think about others, other issues in terms of fracking such as enforcing ordinances. The City needed to think about other cities and their rights to enforce their laws. City of Denton City Council Minutes June 2, 2015 Page 15 Council Member Wazny felt that there were three options. The Consent Decree was off the table because the sides could not agree on the language. A Summary Judgment was frightening as it could be on multiple levels and the City could lose much of what was in the current ordinance. A judge could encompass everything and anything as the City was not in control. The third option was to repeal the ordinance. Adam Briggle and the attorney for DAG recommended repealing the ordinance. For now HB40 was the law of the land so the City was compromised on what options were available. Council Member Briggs felt another option was writing another ordinance; to possibly totally rewrite the current ordinance due to HB 40. Mayor Watts stated that he did not want to be constrained by a sense of urgency. He was uncomfortable bringing the item back in two weeks to have the same discussion all over again. He felt it was necessary to create a strategy, communicate that strategy and be comfortable with that strategy. The passage of time might hurt Denton and he was not sure if the course of action had been defined. He was in favor of taking time to work out the issue and think the process through. Council Member Briggs motioned to table the item to the June 16th meeting. Mayor Pro Tem Gregory seconded the motion. City Attorney Burgess noted that if no action were taken and no motion to postpone, the item would fail unless the Agenda Committee put it back on a future agenda. Council Member Johnson stated that if the item were voted on at this meeting and did not pass, the item would not be continued. It would then give time to flush out needed ideas and when the time was right repost it to an agenda. Council Member Hawkins stated that he did not know the ultimate goal and agreed that it might be best to deny the motion at this meeting. That would provide time to continue to collect data, look at the legal ramifications and assess it when ready. City Attorney Burgess stated that if Council took no action, the proposal would fail. Another option to consider if the Council did not want to take action was to continue it. Council Member Wazny stated that she was in favor of having the motion withdrawn and have the proposal not voted on. Mayor Watts stated that to continue this item to June 16th was mute as in two weeks Council would be looking for different options. If it was continued there would be the same options as presented at this meeting. Mayor Pro Tem Gregory stated that the option to explore a different ordinance might find that it had flaws and a posting to repeal the ordinance might be necessary. City of Denton City Council Minutes June 2, 2015 Page 16 Council Member Roden stated that an issue from the community was that it was posted Thursday at 5 p.m. which provided only a short time to get engaged in the issue. This would act as a place holder to avoid any posting that might be different and would provide a level of predictability Council Member Hawkins questioned what would happen if Council was not ready to act on June 16th and if it would then be continued again. Council Member Briggs asked about a change in wording. City Attorney Burgess stated that if the item were continued, it would have the same wording. If the item failed it would not be continued and then Council could change the wording as listed. Council Member Briggs withdrew her motion to continue. Mayor Pro Tem Gregory withdrew his second. Mayor Watts called for a motion on the item. Hearing no motion, the item failed. 7. PUBLIC HEARINGS Ordinance No. 2015 -165 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. Aimee Bissett, Interim Director of Planning and Development, stated that this was consideration of a special sign district for the Golden Triangle Mall. She showed the location map and indicated that El Fenix, AT &T and Chase Bank were not included in the district. The sign code was reviewed regarding signs. As written today the Mall could have up to twenty signs. The Special Sign District request was for a package that had a theme consistent with the recent facade upgrades and allowed for a sign of greater height and size in exchange for fewer overall ground signs on the property. The proposal was for six new directional signs and six new entrance signs plus two new multitenant signs. There would be an entry marker by El Fenix. The proposal met the criteria for approval. The Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. Jim Greenfield, representing the Mall, presented information on the sign district. Mayor Watts noted that Comment Cards had been received from David Stautz and Matt Lindemann in support. The Mayor closed the public hearing. City of Denton City Council Minutes June 2, 2015 Page 17 Council Member Johnson motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Wazny "aye ", Council Member Roden "aye ", and Council Member Hawkins "aye ". Motion carried unanimously. Ordinance No. 2015 -166 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 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). Aimee Bissett, Interim Director of Planning and Development, stated that this was a zoning case for the Southridge Village Shopping Center. She reviewed the location map, zoning map, proposed and existing zoning, and future land use. The proposal was to allow for indoor recreational uses with two potential uses as a fitness center and indoor trampoline park. The criteria for approval which the proposal met and the notification map were reviewed. The Planning and Zoning Commission and staff recommended approval. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Hawkins motioned, Council Member Briggs seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Wazny "aye ", Council Member Roden "aye ", and Council Member Hawkins "aye ". Motion carried unanimously. Ordinance No. 2015 -167 C. S 15 -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. Aimee Bissett, Interim Director of Planning and Development, stated that the Specific Use Permit would allow for a DME electric substation at the location. She reviewed the location City of Denton City Council Minutes June 2, 2015 Page 18 map, zoning map, background for the property, as well as the site plan. The Planning and Zoning Commission recommended approval with the condition that a perimeter masonry security wall be constructed with a minimum height of ten feet. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Roden motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Wazny "aye ", Council Member Roden "aye ", and Council Member Hawkins "aye ". Motion carried unanimously. Ordinance No. 2015 -168 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 Commission recommended approval of this request (7 -0). Aimee Bissett, Interim Director of Planning and Development, stated that this proposal was for a medical center addition. She reviewed the location map, future land use map, proposed zoning map, site photos, criteria for approval, and notification map. The Planning and Zoning Commission and staff recommended approval. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Johnson motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Wazny "aye ", Council Member Roden "aye ", and Council Member Hawkins "aye ". Motion carried unanimously. 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 City of Denton City Council Minutes June 2, 2015 Page 19 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. There were no items suggested by Council. 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 1:00 a.m. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 9, 2015 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 9, 2015 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tern Gregory, Council Member Johnson, Council Member Briggs, Council Member Hawkins, Council Member Wazny, Council Member Roden and Mayor Watts. ABSENT: None. Work Session Reports A. ID 15 -434 Receive a report, hold a discussion, and provide staff direction regarding organizational programs which increase the efficiency, effectiveness, and productivity of City of Denton operations. Bryan Langley, Assistant City Manager, stated that the City had created three separate process and workforce improvement programs. Those programs included Lean Government; Innovation Program; and Leadership Excellence and Enhancement Program. These programs attempted to encourage creative thinking, improve efficiency, improve productivity, engage employees in continuous quality improvement and improve customer service. Lean Government - Lean Government originated in a manufacturing environment but had been adapted to governmental settings. It was a series of techniques used to identify and eliminate waste in processing. Examples of these techniques included (1) 5S (sort, set in order, shine, standardize, and sustain), (2) the 5 Whys with a goal to get past the surface level to the root cause of issues, and (3) Swim Lanes that document processes to identify issues. He reviewed the external stakeholders and internal stakeholders speech regarding what was Lean. Going forward - initially a consultant was engaged to facilitate the process and train the trainer. Lean trainers were developed and will be used to examine additional operations and processes. Trainers were from different departments. Additional projects would be tracked and reported to Council on at least an annual basis. Council Member Johnson asked if the process started with the identification of a program or went into a department to find opportunities. Langley stated that it went to a department after projects had been identified to consider. Council Member Wazny asked if there was a way for employees to submit submissions anonymously and if not try to implement that procedure. She also asked if there was a way for the public to make suggestions in a confidential manner. Langley stated that currently there was no method to submit anonymously but that staff could take a look at it to get those ideas. Mayor Pro Tern Gregory asked how the coaches were selected. Langley stated that employees were asked if they would be interested. Participation was on a voluntary basis if interested. Most of the participants were mid -level managers and above. City of Denton City Council Minutes June 9, 2015 Page 2 Council Member Briggs asked if there were rewards for the employee input. Langley stated not for the Lean portion. Innovation Program - in 2014 staff initiated an online employee innovation program to engage and recognize employees, solicit creative ideas, and implement suggestions to improve service. Approximately 170 employees participated in the program. Over 46 ideas were submitted and discussed in online forums. Eighteen ideas advanced to the second round of the process and nine ideas were submitted to Directors for consideration. After review and evaluation, the management team had recommended the implementation of five of the ideas - employee childcare solution, employee online forum, notification of hold time for utility customer service, one -login for city employees and management of underutilized fleet vehicles. The LEEP Program was created in 2014 to provide a formal program to develop leadership and management competencies for employees. Project task groups were developed to examine specific issues facing the City. The first class began January 2014 and consisted of 12 employees. The class completed over 104 hours of classroom training from UNT covering several competencies. They completed the project work and will present the project recommendations to Council for consideration. Next steps were to (1) complete implementation of ideas generated in LEEP, Lean and Innovation programs which may require funding allocation in upcoming budget process, (2) begin a new round of Innovation Program in late summer, and (3) initiate a second LEEP class in the Fall of 2015. B. ID 15 -435 Receive a report, hold a discussion, and provide staff with direction concerning the Leadership Excellence and Enhancement Program (LEEP) project recommendations. Mary Dickinson of the Right -of -Way group, presented their project "Destination Denton ". The project was to look at the right -of -way in Denton in terms of trash and debris on the roadways and unmaintained vegetation. The project approach was to identify the project, evaluate the problem, set goals, and make recommendations. Jim Mays presented the evaluation portion of the project. The right -of -way maintenance was conducted through a municipal maintenance agreement with TxDOT at the current service level. The group secured a pilot project to help with the issue. The community impact associated with their project was economic development. They requested citizen impressions through a pre -pilot project survey. Calls were made to 2403 individuals with 150 survey respondents. Engage Denton was also used for a city -wide survey with 1372 participants and 36 survey respondents. A post -pilot project survey would be done in late summer 2015. He presented upcoming right - of -way maintenance for the next five years. Noreen Housewright presented the goals for the project. The first goal for right -of -way maintenance was to establish levels of regular right -of -way maintenance along city entryways, commercial corridors and major thoroughfares. Associated with this goal was the goal to City of Denton City Council Minutes June 9, 2015 Page 3 establish regular maintenance in the Railyard area. The second goal was beautification. That goal involved improving the attractiveness of city entryways, commercial corridors, and major thoroughfares. The City participated in TxDOT Green ribbon program. In that program, the areas chosen were the Dallas Drive medians, Fort Worth Drive medians, Teasley Lane and the University Drive, north slope. She reviewed the Green Ribbon schedule for the plantings. Lancine Bentley stated that the final goal was resources and partnership. The goal was to develop partnerships that would provide resources and assistance in implementing right -of -way and railyard maintenance and beautification. Organizations might be included were TxDOT, Union Pacific Railroad, Downtown TIF Board, East Hickory Street Developer and the General Fund. Funding goals — the program currently had approved funding at $125,000 with $219,838 being requested for additional roads. If City funding was provided for several locations, TxDOT would provide $25,730 annually. Contracts, start date roadways and additional areas for the pilot program were reviewed. Recommendations — there were three primary recommendations for annual funding, railyard improvement plan, and the Green Ribbon program. Two additional recommendations were for way - finding signage and entryway markers, and commercial corridors. Council discussed the projects, locations of the projects, funding with TxDOT and other entities, coordination with road improvements, whether the standards would be the same depending on the location, and a review of funding for entrymarkers for the City. Kevin Ann Mullen presented the second project "Project NOW & Next ". It involved employee evaluation and succession planning. Megan Schuth reviewed the project definition which was a cultural change initiative that utilized a comprehensive approach to evaluating and improving the organization's performance succession management. Ethan Cox presented the gap analysis between the current state and best practice. Those areas included lack of compliance, unclear expectations & ratings, access to development and administrative work to lessen the load. Recommendations - have an executive champion for the project, form a cross functional advisory committee, relentless communication on how the process works, and hold managers accountable. To simplify, comply and collaborate, the recommendations included maintain the performance cycle, reduce administrative work, and emphasize ongoing discussions. Rodney Patterson reviewed support and resources recommendations. Those recommendations included performance management coaches, a mentor network, on- demand training and resources, ongoing direction and instruction. Invest in Systems recommendations included performance management which simplified processes, reduced administrative work, and promoted collaboration. Learning management provided online training and tracked development plans. City of Denton City Council Minutes June 9, 2015 Page 4 Vernell Dooley reviewed the system benefits which included performance and learning management software. That software would help with performance, compensation, succession and development. It would provide aggregate performance & development data, automated and streamlined workflows, provided easy access for managers and employees and tracked performance and development throughout the year. Recommended timelines - in 2014 -15 appoint executive champion, form an advisory committee and maintain current performance model. In 2015 -16 implement performance management system, refine PM processes, eliminate excess admire work, direction and support for managers and implement the Learning Management System. Council Member Roden suggested incorporating the Innovation Program into the evaluation program. Council discussed the provisions of the proposal and how they related to employees and training supervisors on how to effectively perform performance reviews. C. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Mayor Watts requested a work session on the Hackathon and its parameters. Mayor Watts requested a work session on the ordinances associated with the historic registry. Council Member Briggs requested a report on the possibility of no turn on red around the Square in consideration for pedestrian safety. Following the completion of the 2nd Tuesday Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section of this agenda. Closed Meeting: A. ID 15 -466 Consultation with Attorney -Under Texas Government Code, Section 551.071. Consultation with the City's attorneys concerning pending litigation entitled City of Denton City of Denton City Council Minutes June 9, 2015 Page 5 v. NRG Power Marketing, LLC, Cause No. 15- 01404 -16, in the 16th Judicial District Court in and for Denton County, Texas 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. B. ID 15 -473 Consultation with Attorney -Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from the City's attorneys pertaining to the negotiation and legal consequences of meet and confer agreements with the Police and Fire Associations, and provide the City's attorneys with direction, 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 proceedings or potential litigation. C. ID 15 -488 Consultation with Attorney -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. D. ID 15 -493 Consultation with 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 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 City of Denton City Council Minutes June 9, 2015 Page 6 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. The Council returned to Open Session and with no further business, the meeting was adjourned. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 16, 2015 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 16, 2015 at 1:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Briggs Mayor Pro Tern Gregory, Council Member Hawkins Council Member Johnson, Council Member Roden Council Member Wazny, 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 June 16, 2015. Council Member Johnson requested to have Consent Agenda Items K and L pulled for separate consideration. He would like to know what had been spent to date on creating the gas well ordinance and what had been spent on the lawsuit. Council Member Hawkins requested an explanation for Consent Agenda Item A. Chuck Springer, Director of Finance, stated that the City had to approve the financing for this entity as there was a facility located here in Denton. The City was not under obligation in terms of financial responsibility but that federal tax laws required the resolution. Council Member Hawkins stated that Consent Agenda Item F already had several change orders and requested an explanation in terms of a strategy to change orders. Frank Payne, City Engineer, stated that typically a change order was done only if there was a change in field condition or a change in the job that had not been settled at the time of the bid. In this case, this was an end of job change order justifying all the items that went over or under the original bid. It was a cleanup at the end of the job. Council Member Briggs asked about Consent Agenda Item D and questioned if these consulting contracts were activities that the City did not have the man power to perform. Jon Fortune, Assistant City Manager, stated that the contracts were for the future and a new facility planning for the expansion. 3. Work Session Reports Item 3B was considered. B. ID 15 -433 Receive a report, hold a discussion, and provide staff direction concerning proposed revisions to the City of Denton strategic plan. City of Denton City Council Minutes June 16, 2015 Page 2 Bryan Langley, Assistant City Manager, stated that the strategic plan was the foundation of the budget. He reviewed the Strategic Plan history which was started a number of years ago. He noted that for 2015 -16 staff did not recommend any changes to the Strategic Plan. The purpose of the presentation was to solicit Council feedback on possible Strategic Plan changes and review specific action items to track the status of the Strategic Plan. The five key focus areas consisted of organizational excellence, public infrastructure, economic development, safe, livable and family- friendly community and sustainable and environmental stewardship. Goals of the Strategic Plan were (1) provide a high level overview of key policy goals, (2) ensure policy and administrative decision - making based on a proactive approach, (3) create stability for the community and organization, (4) incorporate citizen feedback and communicate desired service level to citizens and employees, (5) link organizational direction to the City's established vision, mission and values. The Action Steps to implement the Plan were reviewed. The Key Action Steps for 2015 were presented along with the current status of the action items. Council Member Roden stated that the key performance indicators had specific metrics and questioned if in -house there was more specific information for those. Langley stated that individual departments had more specifics in order to track the performance. He continued with the proposed 2015 -16 Action Steps and presented selected key outcomes by Key Focus Area. Next steps involved submitting a draft of the revised Strategic Plan to Council in late July as a part of the budget process; discuss the proposed budget and strategic plan in August/September and consider adoption of a new Strategic Plan for 2015 -16 in September. Council Member Hawkins questioned who on a staff level made sure the Plan was moving forward through the steps. Lockley stated that staff discussed the Plan on a quarterly basis to make sure it was on track. Council Member Wazny suggested including businesses in the parking discussion. There was a need for a plan and move forward with streets including sidewalks. In terms of the development review process, there was not a lot of money on this item but there were cities around that had better systems and she suggested using some of that same information. She felt that the fire station and the medic unit at Station 4 were a top priority. She also wanted to look at the cost of a bus bench program that the citizens had brought forward for several years. She wanted the Strategic Plan to focus on citizens. Council Member Briggs noted that there was no mention of gas wells or maintenance of gas wells. Langley stated that those items could be added but were currently included in the section on air quality. City of Denton City Council Minutes June 16, 2015 Page 3 Langley stated that the City would still have to go through the competitive process for dollars. They were looking at a capacity of about $3 million including the fire station items. There were about $11 million of requests. Council Member Roden stated that at some point in the process staff would be asking Council to prioritize the items. He questioned how to add social issues to the Strategic Plan so as to be a part of the priorities. Langley stated that a separate goal under KFA 4 could be added. Council Member Johnson stated that last year when Council got down to data in the budget, it was determined that it was not possible to do what was expected. If there were items on the Strategic Plan that required additional time for people already maxed out, he suggested considering that in the process. He would rather have ten things that could be done rather than twenty four that were just trying to make everyone happy. City Manager Campbell stated that it was important get the issues on the table and then start working on them. This process would involve priority processing. Mayor Watts stated that he would like a discussion on what exactly the core services were that the City needed to provide to citizens. There never was enough money to do everything so he would like to know the core services to spend it on. Mayor Pro Tem Gregory felt that Council had that conversation every year when doing the budget. Mayor Watts stated that he had not heard that "x" was a top priority. There were limited resources compared to the needs and suggested this budget cycle related expenses to core needs. Council Member Wazny suggesting starting with citizens to see what their priorities were and present them when starting the budget cycle. Council Member Roden felt it would be helpful to be reminded of these and how they refer to a strategic goal such as in the backup materials or agenda items. A. ID 15 -490 Receive a report, hold a discussion and give staff direction regarding a proposed convention center and hotel project by O'Reilly Hotel Partners Denton (OHPD) to be located in the Rayzor Ranch development project, including a discussion and possible recommendation on economic incentives. Jon Fortune, Assistant City Manager, stated that the City had recently been approached by O'Reilly Hotel Partners Denton (OHPD) regarding a project at Rayzor Ranch. He reviewed the provisions of the hotel which would be located at Rayzor Ranch Town Center. This would be a development project with OHPD owning the hotel and convention center. The City was not being asked to issue debt for construction. OHPD was requesting a performance based economic incentive in terms of a rebate of the hotel occupancy tax and ad valorem and sales taxes generated by the project. They were also requesting a rebate on construction sales taxes. A Tax City of Denton City Council Minutes June 16, 2015 Page 4 Increment Reinvestment Zone was not necessary with OHPD requesting an incentive as it could be handled via a Chapter 380 agreement. The City would have a management role in the convention center via the CVB which would require amending RED Development's 380 agreement. Council Member Roden asked about a requirement that would allow HOT funds to be used. Fortune stated that in order to use the fund, the City would either have to own or manage the convention center in whole or in part. Council Member Roden asked how the funds could be used. Fortune stated that they could be used for a broader purpose than just advertising, etc. Council Member Roden asked if there was space included for UNT. Fortune stated not at this time. Council Member Briggs asked about performance metrics and the incentives and how they would tie into the proposal. Fortune stated that those would have to be established if Council wanted to go in that direction as they had not been done at this point in time. Council Member Hawkins stated that the prior proposal had a complex timeline and this version was not that way. The City would not be responsible except for the performance based incentives. Fortune stated that it would be similar to any other type of major economic development coming to the City. Mayor Pro Tem Gregory asked about the rebate for construction sales tax and if the rebate would be for items purchased outside the City. Fortune stated that the items would have to be identified but that the rebate would be equivalent to what would be paid in sales tax and not necessarily where the items were purchased. Council Member Wazny stated that she would like to see a sales tax evaluation before moving forward. She would also need to see what "help manage" involved such as who paid for marketing and if that was the City how much, etc. She questioned if there would be a liability having the City manage the events and if any thoughts had been made of having the CVB center in this facility instead of on the Square. Council Member Johnson stated that this would be a private project and City would only be involved in a performance based reimbursement. The risk to the City was minimal to zero and felt it was a good project. City of Denton City Council Minutes June 16, 2015 Page 5 Mayor Pro Tem Gregory stated that he would like to see the total possible impact on the HOT funds. Tim O'Reilly, O'Reilly Hotel Partners Denton, reviewed the essence of the project and that development in the area was a positive venture. This type of project necessitated a private - public partnership and partnering with the CVB made sense to help market the project. In terms of UNT, they had continued some discussions with them for a partnership and would see a good working relationship with them. An Embassy Suites Hotel worked in conjunction with the convention center as it was a Hilton property and they reached nationally and internationally. The economic benefits would pay some of the debt for the convention center. Council Member Wazny asked if OHPD would pay for infrastructure or would RED. O'Reilly stated that they would pay for infrastructure on their site but RED would pay for the other site improvements. Council Member Hawkins asked if the economic incentives would be tied to the convention center or the hotel or be treated as one project. O'Reilly stated that it was seen as one project and not two separate facilities. He hoped to have the incentives cover the majority of the debt service on the facility itself. Council discussed with O'Reilly the size of the facilities, the total project costs, equity and debt factors and how much it appeared would be financed. Fortune stated that based on this conversation, staff would move forward to get more specific details. C. ID 15 -451 Receive a report, hold a discussion and give staff direction regarding a potential Economic Development Chapter 380 Grant Agreement for Project Ranger One (Denton - Tarrant PRW, LLC). Aimee Bissett, Director of Economic Development, stated that this project was a multi -state distribution center which would be built in the Westpark Reinvestment zone. The project involved 800,000 square feet with $130 million capital investment, and 165 new jobs with an annual wage of $44,000. Phase 1 of the project would involve the infrastructure improvements which would benefit more than just this project. A target closing date was mid -June with preliminary and final plats under review. In order to facilitate this project, an incentive agreement needed to be approved prior to closing. The Economic Development Partnership Board, the TIRZ 2 Board, and the City Council have, over a period of several months, negotiated a potential economic development grant agreement with Project Ranger One, which would accomplish two objectives: (1) full reimbursement of the cost of Phase 1 improvements using a combination of funding mechanisms; and (2) after full reimbursement, an economic development incentive of 60% of the City's ad valorem tax revenue for a period of four years following full reimbursement of Phase I improvements. City of Denton City Council Minutes June 16, 2015 Page 6 The first term of the grant agreement would end when full reimbursement had occurred, and included the following forms of reimbursement: (1) Up to $1,000,000 in reimbursement for water lines, utilizing the City's Water Development Plan Line Fund, pursuant to the City's Infrastructure Financing Policy adopted by Resolution 91 -008 (2) Up to $865,000 in reimbursement for the sewer lines, utilizing the City's Wastewater Development Plan Line Fund, pursuant to the City's Infrastructure Financing Policy, (3) 100% of the locally collected Sales and Use Tax for construction materials, furniture, fixtures, and equipment for the construction of the project, (4) 100% of the tax increment collected in the TIRZ 2 Fund associated directly with the Ranger One Project, until full reimbursement occurs. This includes the City and County's 40% contribution to the TIRZ 2 Fund annually. (5) The City's remaining 60% of ad valorem revenue, until full reimbursement occurs. It was anticipated that full reimbursement would occur in approximately four years and would be an approximate amount of $6.5 million. The first year after full reimbursement, the second term of the grant agreement would commence, and would include a 60% rebate of the City's ad valorem revenue for a period of four years, for an estimated total incentive of $1.7 million. Additionally, as a result of this proposed agreement, the Westray Reimbursement Agreement would be amended to exclude Phase 1 Improvements and to exclude the tax increment generated by Project Ranger One. This amendment was scheduled for the Council regular agenda at this meeting. Council Member Hawkins asked about the TIRZ subfunds. Bissett stated that the money in the TIRZ would remain. Council Member Wazny asked about the total number on the infrastructure west of I35. Bissett stated that the infrastructure itself was about $126 million. Mayor Watts felt that the sales tax rebate was similar to the proposal for the convention center. Bissett stated that it was the same concept. D. ID 15 -471 Receive a report; hold a discussion, and give staff direction regarding the preliminary FY 2015 -16 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. Chuck Springer, Director of Finance, presented a budgetary overview and preliminary look at the upcoming budget. The General Fund involved neighborhood services, public safety, transportation, and administrative and community services. He reviewed the budgetary dates from June to September. Council Member Roden noted that by the time Council received the budget it was August 6th which did not leave a lot of time to provide direction. City of Denton City Council Minutes June 16, 2015 Page 7 Mayor Watts questioned if Council Member Roden was asking to move the August 6th date sooner. Council Member Roden replied move the date or give more information sooner such as supplemental requests so Council would have more time to address them. City Manager Campbell stated that the process was very tight and it would be hard to move the August 6th meeting up but staff could send preliminary data such as supplemental packages as long as Council understood it was not a recommendation at that point in time. Mayor Watts stated that he did not want to have different budgets due to different kinds of valuations. City Manager Campbell stated that if the supplemental packages were looked at alone, it would be $11 million but a final recommendation might only be $2 million. His obligation was to give as clear an estimate on what the revenue would be and what could be funded with that amount. He was not inclined to base a budget on 4% if it was going to be a 6% growth. Mayor Watts felt that took away some of Council's direction on the budget. Council Member Roden stated that he would like to have options to prioritize rather than having to cut when receiving the budget for other programs. City Manager Campbell stated that several years ago a budget was presented that assumed more revenue than what was needed but Council had a hard time deciding what additional programs to include. A bigger problem was the array of projects which were not funded and which one Council wanted to add into the budget. Council Member Johnson stated that last year he was frustrated at having to take away from one department and give to another. He would like to have a base budget with reoccurring revenue. Council Member Briggs felt that it was important to know what the citizens wanted included in the budget and suggested a survey with citizens for a wish list to bring to the table to consider. Mayor Watts stated that the Council provided that information before the election but new members could provide it to the City Manager. Budgetary themes consisted of (1) maintain competitive compensation plan, (2) continue street maintenance expansion, (3) expand EMS response capacity in southwest Denton, (4) utility infrastructure - replacement and expansion, (5) manage TMPA debt requirements in electric utility, (6) maintain conservative budgetary practices as outlined in rating agency upgrade and (7) funding for strategic plan initiatives /action steps. Assumptions for General Fund Projections included assessed value increase, debt service portion of tax rate, maintenance and operation portion of tax rate, sales tax and franchise fees. The compensation and benefits assumptions and preliminary General Fund projections were presented. City of Denton City Council Minutes June 16, 2015 Page 8 Council discussed how to present the budget in terms of basic expenditures such as salaries, what would be included in the Strategic Plan, and how to see the numbers earlier in order to assist with determinations of supplemental packages. Springer continued with Fund Balance increases, projections without Economic Development agreements expiring; and the process of budget development in the General Fund. He listed budget transparency items that were helpful to citizens to know about the city's budget process. Figures on other Metroplex communities in terms of General Fund Sales Tax per capita for FY 2014 were presented along with assessed values per capita for FY 2014 and figures in the Street Improvement fund. Council discussed the street improvement fund, having a review of the OCI rating and the philosophy of the rating. Street Maintenance Funding — it was noted that funding was underway with all growth in franchise fee revenues dedicated to street maintenance funding, general obligation bond funding and proposed street impact fees. Springer continued with the preliminary budget funding for the Electric Utility fund, Water Utility fund, Wastewater Utility fund, Solid Waste and Recycling fund, Tourist and Convention fund, Debt Service Fund and General CIP. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. D 15 -069 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive a presentation from Denton Municipal Electric ( "DME ") staff regarding public power competitive and financial matters pertaining to obtaining solar energy resources for the DME system; discuss, deliberate and provide staff with direction regarding the proposed "Power Purchase Agreement" by and between the City of Denton, Texas and Bluebell Solar, LLC. Consultation with the City's attorneys regarding legal issues associated with the proposed Purchase Power Agreement where a public discussion of this legal matter 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 -446] B. ID 15 -496 Consultation with Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. City of Denton City Council Minutes June 16, 2015 Page 9 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. [ID 15 -455] C. ID 15 -475 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 being a part of Lot No. Three (3), Block Twenty (20) of the Original Town of Denton, an addition to the City of Denton, Denton County, Texas, located generally in the 100 block of Industrial Street. 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. (Industrial Park Property Acquisition Project: Cook) D. ID 15 -485 Consultation with 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 economic development incentives for a business prospective in the Cole Ranch Development. This discussion shall include commercial and financial information the City Council may receive from the business owners which the City seeks to have locate, stay, or expand in or near the territory of the City, and with which the City Council is conducting economic development negotiations, including the offer of financial or other incentives. Also hold a discussion with the City's attorneys on the referenced topic where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. This item was not considered. E. ID 15 -489 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 City of Denton City Council Minutes June 16, 2015 Page 10 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 George P. Bush, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. 15- 02058 -362 currently pending in the 362nd District Court of Denton County and Texas Oil and Gas Association v. City of Denton, Cause No. 14- 08933 -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. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. 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 -350 Leadership Excellence and Enhancement Program Mayor Watts presented the proclamation for the Leadership Excellence and Enhancement Program. B. ID 15 -480 Kiwanis Days Mayor Watts presented the proclamation for Kiwanis Days. C. ID 15 -502 Water Environment Association of Texas Plant of the Year Award to the City of Denton Pecan Creek Water Reclamation Plant. The award was presented to the Council from PS Arora, Wastewater Division Manager. 3. CITIZEN REPORTS A. ID 15 -491 Willie Hudspeth regarding Southeast Denton issues. Mr. Hudspeth stated that he was continuing his discussion from a prior meeting. He felt he had been treated poorly from the City regarding a business he tried to start in the City. He felt rules City of Denton City Council Minutes June 16, 2015 Page 11 had been changed for him and not for other businesses in the City. He felt that city leaders did not come out to African - American events. 4. CONSENT AGENDA Mayor Watts announced that Items K and L would be pulled for separate consideration. Council Member Hawkins motioned, Council Member Roden seconded to adopt the Consent Agenda and accompanying ordinances and resolutions with the exception of Items K and L. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye ". Motion carried unanimously. Resolution No. R2015 -017 A. ID 15 -426 Consider approval of a resolution approving the issuance of Revenue Bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society in an aggregate principal amount not to exceed $4,200,000; recognizing that the City of Denton is not responsible for issuing the Revenue Bonds and has no financial obligation to pay any principal of or interest on the Revenue Bonds; making certain findings in connection therewith; and providing an effective date. Ordinance No. 2015 -171 B. ID 15 -477 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 one (1) haul truck and two (2) dump trucks for the City of Denton Wastewater Collections Department; and providing an effective date (File 5843- awarded to Rush Truck Center, Crane in the amount of $431,553). The Public Utilities Board recommends approval (7 -0). Ordinance No. 2015 -172 C. ID 15 -478 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing and approving the purchase of Microsoft Office 365 Software as a Service (SaaS) and additional licensing for Windows Data Center Edition and Enterprise SQL as approved by the State of Texas Department of Information Resources (DIR) Contract Number DIR -SDD -2503; providing for the expenditure of funds therefor; and providing an effective date (File 5842- awarded to SHI Government Solutions in the not -to- exceed amount of $680,000). Ordinance No. 2015 -173 D. ID 15 -479 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for consulting services related to the development of a comprehensive master plan for the City of Denton Municipal Solid Waste Landfill Facility; providing for the expenditure of funds therefor; and providing an effective date (File 5837- awarded to Applied Ecological Services in the not -to- exceed amount of $110,000). The Public Utilities Board recommends approval (4 -0). City of Denton City Council Minutes June 16, 2015 Page 12 Ordinance No. 2015 -174 E. ID 15 -481 Consider adoption of an ordinance of the City of Denton Texas, authorizing the City Manager to execute the "Second Amendment to Professional Services Agreement" for further design and engineering services related to Phase II of the multiple -use field improvements at North Lakes Park; authorizing the expenditure of additional funds therefor in an amount not -to- exceed $122,500; providing an effective date (File 5273- awarded to Dunaway Associates, L.P. aggregating an amount not -to- exceed $303,670). Ordinance No. 2015 -175 F. ID 15 -482 Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Three to the contract between the City of Denton and North Texas Contracting, Inc. for the US Hwy 380 Utility Relocations Project which consists of the installation of 9440 feet of water line and 6570 feet of sewer line paralleling US Hwy 380 from Bonnie Brae Street to Carroll Boulevard; providing for the expenditure of funds therefor; and providing an effective date (Bid 5190 -US Hwy 380 Utility Relocations - Change Order Number Three in the amount of $231,613.67 for a total contract award of $3,749,989.25). The Public Utilities Board recommends approval (7 -0). Ordinance No. 2015 -176 G. ID 15 -483 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 Tourist and Convention Fund of three hundred twenty -five thousand dollars ($325,000) for the purpose of funding startup costs for a Visitor Information Center in the Downtown Square; declaring a municipal purpose; providing a severability clause; providing an open meetings clause; and providing and effective date. Ordinance No. 2015 -177 H. ID 15 -484 Consider adoption of an ordinance adopting a Supplemental Agreement between the City of Denton and the Denton Chamber of Commerce (Convention & Visitors Bureau) (PY 2015) providing for the payment and use of Hotel Tax Revenue in support of a new Visitor Information Center. Ordinance No. 2015 -169 L ID 15 -506 Consider adoption of an ordinance of the City of Denton, Texas approving a First Amendment to a Reimbursement Agreement between the City of Denton, The Board of Directors of the Tax Increment Reinvestment Zone Number Two, City of Denton, Texas, and Westray Group, LP.; and providing an effective date. Approved the minutes listed below. J. ID 15 -507 Consider approval of the minutes of April 21, 2015 April 28, 2015 City of Denton City Council Minutes June 16, 2015 Page 13 Ordinance No. 2015 -178 K. ID 15 -511 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 expenditure of funds; and providing for an effective date. Anita Burgess, City Attorney, presented the background for Items K and L. Item K was applied to work on issues relating to the gas well ordinance amendment. Item L was for litigation matters. A Speaker Card was submitted by Will Wooten requesting that the Council table the items for a public hearing. Council Member Roden stated that there was a distinction between the two ordinances as they involved separate procedures. It appeared that the most significant amount was over the course of the years on how to properly regulate oil and gas. City Attorney Burgess stated that in four years $930,000 was spent for the two items. The major portion was for the transaction issues. The City spent $221,578 on litigation matters. Council Member Johnson stated that he had asked for these items to be pulled as it was important for the public to know what had been spent so far. There was a distinction between the two ordinances. HB40 had negated much of the work already done. Council Member Briggs stated that over $1 million was spent on the legal team. Terry Morgan also did work on Eagleridge. City Attorney Burgess stated that transitional work was included negotiations with Eagleridge and work on the ordinances to date. The money spent was not all for Terry Morgan but rather included consultants and other attorneys. Council Member Johnson motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye "; Council Member Briggs "nay ". Motion carried with a 6 -1 vote. Ordinance No. 2015 -179 L. ID 15 -512 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 expenditure of funds; and providing for an effective date. Mayor Pro Tem Gregory motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye "; Council Member Briggs "nay ". Motion carried with a 6 -1 vote. City of Denton City Council Minutes June 16, 2015 Page 14 5. ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2015 -180 A. SI15 -0011a Consider adoption of an ordinance of the City of Denton, Texas, on second reading, confirming and approving a Boundary Adjustment Agreement, with the City of Corinth, Texas, adjusting a mutual boundary of the cities not exceeding 1,000 feet; providing for severability; and providing an effective date. Aimee Bissett, Interim Director of Planning and Development, stated that the ordinance would adopt a boundary adjustment with Corinth. It would bring in 0.29 acres into the city of Denton. She presented information on zoning, background information and location of the property. The next step would be to amend PD -12 to extend the PD boundary and proceed with the final replat. Mayor Pro Tem Gregory motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye ". Motion carried unanimously. Ordinance No. 2015 -181 B. ID 15 -446 Consider adoption of an ordinance of the City Council of the City of Denton, Texas providing for, authorizing, and approving the execution by the City Manager of a Power Purchase Agreement for solar generated electrical energy, capacity and environmental attributes between the City of Denton, Texas and Bluebell Solar, LLC., a Delaware limited liability company; approving and authorizing the acceptance and approval by the City Manager and City Attorney, or their respective designees, of guaranties and letters of credit issued by Bluebell Solar, LLC and NextEra Energy Capital Holdings, Inc., a corporation further securing the obligations of Bluebell Solar, LLC. To the City for the benefit of the City; approving the execution of such other and further related documents, including, without limitation, interconnection agreements, certificates, assignments, licenses, directions, instruments, instructions, confirmations, statements, and any other document deemed necessary to effectuate this transaction by the City Manager or his designee, which are incident or related thereto, as shall be reasonably determined by the City Attorney or her designee; confirming and ratifying that the City of Denton, Texas, its Mayor, its City Council members, its City Manager, and its City Attorney and their collective delegated designees shall be authorized and empowered to perform such acts and obligations as are reasonably required to consummate this transaction; ratifying all prior actions taken by the City Council in furtherance of the foregoing transaction; and determining that several of said documents involved in this transaction pertain to a "competitive electric matter" as set forth under the provisions of § §551.086 and 552.133 of the Texas Government Code, as amended; finding and determining that Texas Government Code §252.022(a)(15) applies to said Purchase Power Agreement, exempting the procurement of electricity from the requirements of competitive bidding; adopting significant recitations, findings and conclusions, as are set forth in the preamble of this ordinance; that the purchase of capacity and energy made by the City under the terms of this Power Purchase Agreement are in the public welfare; authorizing the expenditure of funds therefore; providing an effective date. City of Denton City Council Minutes June 16, 2015 Page 15 Mike Grim, Executive Manager of DME, stated that the proposal was for a solar opportunity power purchase agreement. The City had received nine respondents to the request for proposal and Bluebell Solar was the top evaluated respondent. This agreement would increase the City's renewable portfolio from 41% to 46% without being a driver for a rate increase. The agreement would begin on or before December 31, 2018. Staff recommended approval of the long -term solar power purchase agreement with Bluebell Solar. Council Member Roden motioned, Council Member Johnson seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye ". Motion carried unanimously. Ordinance No. 2015 -170 C. ID 15 -455 Consider adoption of an ordinance of the City of Denton, Texas approving an Economic Development Program Grant Agreement between the City of Denton, the Board of Directors of Tax Increment Reinvestment Zone Number Two of Denton, Texas, and Denton - Tarrant PRW, LLC; and providing an effective date (Project Ranger One). The Economic Development Partnership Board recommends approval. Aimee Bissett, Director of Economic Development, stated that this project impact would include a $130 million capital investment and more than 800,000 square feet of space. It would be one of the largest economic development projects in Texas this year for a single end user based on square footage on the ground. Scott Cooperman, representing Ranger One, presented the details of the project. He reviewed the project description to be located on the west side of Western Blvd. The current status of the project was that it was in the final stages of due diligence and title review. They were working through pre- closing contingencies of obtaining final plat approval, and pending approval of incentives and the final plat, the property would close. He presented information on the community benefit and the various components included in the project. The proposal would involve the initial hiring of approximately 165 new jobs with an average wage of $21.00 per hour. The end user would pay for the infrastructure with a reimbursement through a variety of economic development agreements. Council Member Roden asked Cooperman what made Denton attractive to this developer. Cooperman stated it was the mix of interstate access, an area that allowed service to a multistate area, other distribution facilities in the area, a like for this piece of property, the labor pool was favorable and they liked the community. Bissett noted that the Economic Development Partnership Board, the TIRZ 2 Board, and the City Council have, over a period of several months, negotiated a potential economic development grant agreement with Project Ranger One, which would accomplish two objectives: (1) full reimbursement of the cost of Phase 1 improvements using a combination of funding mechanisms; and (2) after full reimbursement, an economic development incentive of City of Denton City Council Minutes June 16, 2015 Page 16 60% of the City's ad valorem tax revenue for a period of four years following full reimbursement of Phase I improvements. Bissett noted that there were two components of the agreement. The first term of the grant agreement would end when full reimbursement had occurred, and included the following forms of reimbursement: (2) Up to $1,000,000 in reimbursement for water lines, utilizing the City's Water Development Plan Line Fund, pursuant to the City's Infrastructure Financing Policy adopted by Resolution 91 -008 (2) Up to $865,000 in reimbursement for the sewer lines, utilizing the City's Wastewater Development Plan Line Fund, pursuant to the City's Infrastructure Financing Policy, (3) 100% of the locally collected Sales and Use Tax for construction materials, furniture, fixtures, and equipment for the construction of the project, (4) 100% of the tax increment collected in the TIRZ 2 Fund associated directly with the Ranger One Project, until full reimbursement occurs. This includes the City and County's 40% contribution to the TIRZ 2 Fund annually. (5) The City's remaining 60% of ad valorem revenue, until full reimbursement occurs. It was anticipated that full reimbursement would occur in approximately four years and would be an approximate amount of $6.5 million. The first year after full reimbursement, the second term of the grant agreement would commence, and would include a 60% rebate of the City's ad valorem revenue for a period of four years, for an estimated total incentive of $1.7 million. Mayor Watts asked about the TIRZ contributions from the City and County that would be used to pay for infrastructure. Bissett stated that the TIRZ was created in 2012 to create a fund to get public infrastructure in that area. The reimbursement funding would be out of that fund. Mayor Watts noted that the area would be getting the infrastructure faster than it would have without the proposal. It would also help open other areas for development. Council Member Hawkins motioned, Mayor Pro Tem Gregory seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye ". Motion carried unanimously. Council moved Item D to the end of the agenda and considered the other items as listed. Ordinance No. 2015 -190 E. ID 15 -486 Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on the east side of North Locust Street from its intersection with Parkway Street to its intersection with East University Drive; 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 City of Denton City Council Minutes June 16, 2015 Page 17 providing for an effective date. The Traffic Safety Commission recommends approval (3 -2). Mark Nelson, Director of Transportation, stated that at one time, the segment of North Locust from Oakland to University had "no parking" signs posted on the east side, however, the signs were removed in November 2013 as part of a city -wide maintenance effort to improve signage in Denton. Because there was not an ordinance in place to restrict and enforce on- street parking, the no parking signs were not replaced resulting in vehicles parking in the wide outside urban shoulder on the east side of North Locust. The Traffic Safety Commission had reviewed the proposal and recommended to restrict parking from Parkway to University. This would reduce the number of parking spaces in the area by 6 and would shift the demand for parking to other neighborhoods. The change would not impact the Greenhouse and Ragsdale parking on- street stalls. It was felt that the change would improve safety in the area. Council Member Hawkins questioned how many door hangers were put out. Nelson stated that staff worked with Community Improvement Services to put about 170 door hangers. Council Member Roden stated that previously the area signed as no parking was only from Oakland to University and going back to that no parking in that area would just be going back to the status quo. Going from Parkway to Oakland was more controversial. He questioned how many parking spaces would be lost from Parkway to Oakland. Nelson stated that about 27 spaces would be removed. Council Member Wazny felt that parking was needed there. Parking in Denton was an issue and this proposal would remove parking. There were no options provided on other places to park; the proposal was just taking away parking. She asked if it would be possible to re- measure the street and give some thought to duplicate what was on Oak and Hickory. Make the lanes just a bit smaller and continue to allow parking. Nelson stated that as this was a TxDOT street, the City would have to follow their guidelines. The current TxDOT standard was 11 feet. Council Member Johnson stated that the challenge was that if the lanes were narrowed and a variance obtained from TxDOT there still was not enough room to park. His sense was that it was mostly TWU students who were parking in the area. It was the City's responsibility to provide a safe environment for citizens and he did not feel it was safe to have parking there. Mayor Watts noted that there were Speaker Cards for this item. Kate Lynass, 1120 N. Locust, Denton, 76201 — opposed Council Member Hawkins felt that there was very little feedback received from the doorhanger notifications. City of Denton City Council Minutes June 16, 2015 Page 18 Lynass replied that she did not know she could give feedback. Council Member Wazny questioned about doing the public notification again and perhaps get more response to the proposal. Get the public involved in the decision. Lynass stated that she did not know if information went to any of the cars parked on the streets. Mike Cochran, Oak Street, Denton, 76201 — opposed. Council Member Roden stated that the street probably would be redone in the next five years but questioned what could be done now. It appeared to be the value of on- street parking versus a bike thoroughfare. Cochran felt that it would be difficult to get two lanes of traffic, on- street parking and a bike lane all in that one street. This was primarily a residential area and he would hate to see the residential quality eroded due to removal of parking. Mayor Watts stated that there were other segments of streets that had a similar problem. He was opposed to doing piecemeal fixes without doing the entire lengths of streets. He questioned if there was a possibility of implementing any kind of calming activities other than a reduction in speed limit or construct a crosswalk in the area. Nelson stated that a crosswalk with pedestrian bumpouts could be installed but they would probably be done with the reconstruction of Locust and would need agreements with TxDOT. Mayor Watts questioned what started this issue. Nelson stated that comments had been made to the Traffic Engineer and last summer the Traffic Safety Commission started to discuss the problem. It had also been to the Council Mobility Committee. Council Member Johnson questioned if the businesses there were required to provide parking based on the use of the property or did they have a variance on Locust or Elm to not have to provide parking. Bissett stated that this area was part of the Central Business District and was exempt from the parking requirements. Council Member Johnson questioned that if the full width of the street were measured and based on that width would it be possible to fit two safe travel lanes and a parking lane that met TxDOT requirements. Nelson stated that the parking width would be ten feet which would not work at Sawyer. Council Member Johnson felt that a consideration was what TxDOT would allow. He did not want to continue to allow parking just because it had always been done as this was a safety conversation. If there could safely be two lanes and parking that TxDOT would allow, then it should be done. City of Denton City Council Minutes June 16, 2015 Page 19 Council Member Roden questioned the timing of getting the ordinance in place. Nelson stated that it would have to be published in the newspaper and there would be a 7 -10 day time frame to get the signs posted. Council Member Roden stated that new students to the area would have to be educated about no parking on the street. Council Member Gregory stated that he was surprised by the responses from the businesses in favor of the proposal and felt that crosswalks in select areas would be appropriate. Council discussed the safety of the area and the number of traffic accidents reported in the last several years and that TWU was performing a parking study in the area. There was also a concern expressed that there was only one person from the area who attended the public meeting and that the Traffic Safety Commission had voted 3 -2 in favor of the proposal. Mayor Pro Tem Gregory motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Hawkins "aye ", and Council Member Roden "aye "; Council Member Briggs "nay ", and Council Member Wazny "nay ". Motion carried with a 5 -2 vote. Ordinance No. 2015 -191 F. ID 15 -505 Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on both sides of West Mulberry Street from 8:00 a.m. until 6:00 p.m. on Monday through Friday from its intersection with Cedar Street to its intersection with Carroll Boulevard; providing a repealer clause; providing a savings clause; providing 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). Mark Nelson, Director of Transportation, stated that West Mulberry was previously marked with no parking but that the signs had been taken down. Denton Area Credit Union (DATCU) approached the City of Denton requesting the City re- establish the no parking zone to improve pedestrian safety and mobility in the area. Because this street segment had previously been posted as a No Parking Zone, staff initiated contact with adjacent property owners, including the County to advise them of the proposal. Representatives from the adjacent property owners provided verbal consent, via telephone conversations, to re- establish the no parking zone. The item was considered by the Traffic Safety Commission on June 8, 2015, and the Commission recommended an option to restrict on- street parking on both sides of West Mulberry from Cedar Street to Carroll Boulevard between 8:00 a.m. and 6:00 p.m., Monday through Friday. The Commission believed this was the best approach to restoring the previous no parking zone while also maintaining parking capacity for the Downtown area on the weekends and after normal business hours. City of Denton City Council Minutes June 16, 2015 Page 20 Council Member Wazny expressed a concern with taking parking away from the downtown area with no plan in place to replace it. Until there was a parking plan for the area she would not be in favor. Council Member Johnson motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Hawkins "aye ", and Council Member Roden "aye "; Council Member Briggs "nay ", and Council Member Wazny "nay ". Motion carried with a 5 -2 vote. Ordinance No. 2015 -192 G. ID 15 -513 Consider adoption of an ordinance amending Initiative Ordinance No. 2014 -01, "Prohibition of Hydraulic Fracturing "; to declare the City's non- enforcement of same; or consider adoption of an ordinance declaring the City's non- enforcement of Initiative Ordinance No. 2014 -01; and providing for an immediate effective date. City Attorney Burgess stated that the item posted would address Initiative Ordinance No. 2014- 01. It could address adoption of a potential amendment to the initiative ordinance, the adoption of a standalone ordinance declaring non - enforcement of the initiative ordinance or amend the current ordinance. Council Member Roden stated that the issue involved several entities, including the City, the State and two lawsuits. In the spirit of full disclosure he requested the City Attorney provide an update as to the pleading by the Texas Oil and Gas Association. City Attorney Burgess stated that the Texas Oil and Gas Association and the General Land Office had amended the pleadings to add claims and both filed motions for Partial Summary Judgment. Mayor Pro Tem Gregory asked how many times the pleading could be amended. City Attorney Burgess stated that there were some limitations on amending but Texas was generous on the number of times to amend. The following individuals submitted Speaker Cards: Sharon Spiess, 7501 Stallion Street, Denton 76208 — opposed Adam Briggle, 1315 Dartmouth, Denton, 76201 in favor to repeal the ban Sandy Mattox, 4008 Vinyard, Denton, 76226 - not present; Mayor Watts read her comments in opposition. Rodney Love, 700 N. Austin, Denton, 76201 — in support Brandon Finley, 806 Denton Street, Denton, 76201 — opposed Larry Beck, 915 Sherman Drive, Denton, 76209 — in support John Betten, 515 Robertson, Denton, 76205 — in support and opposed Michael Hennen, 724 Thomas, Denton, 76201 — in support Christopher Klabunde, 511 Robertson, Denton, 76205 — in support Will Wooten, address not legible - supported amendment City of Denton City Council Minutes June 16, 2015 Page 21 Tara Linn Hunter, 2210 Westwood, Denton, 76205 - in support and opposed Ed Soph, 1620 Victoria, Denton, 76209 — opposed Cindy Spoon, 2210 Westwood, Denton, 76205 - not support repeal Eric Moll, 2210 Westwood, Denton, 76205 — in favor of sleeping beauty resolution Ron Seifert, no address given — opposed Rebekah Hinojosa, 621 Schmitz, Denton, 76209 — in support Rosemary Candelario, 602 Woodland, Denton, 76209 - urged City to file to dismiss Kelli Barr, 701 W. Sycamore, Denton, 76201 — in support Maile Bush, 4501 Lacewood, Denton, 76227 -in favor of repeal Deborah Amminter, 2003 Mistywood, Denton, 76209 — in support Dylan Reeves, Spring and Nail Hill road, Krum, 76249 in support Michael Briggs, 2311 Houston, Denton — in support Gene Price, 725 Chisholm Trail, Denton, 76206 - in support Jonathan Adams, 2210 Westwood, Denton, 76205 — in support Sandra Swan, 1413 Cambridge Road, Denton, 76201 — question regarding moratorium Council Member Roden asked if Council could go into closed session if necessary. City Attorney Burgess stated that the agenda was posted to allow that procedure. Council Member Roden questioned that if there was a plea for Summary Judgment and a particular option was tried and failed, would the defendant have another option or was there only one option available. City Attorney Burgess stated that it would depend on how the ruling was issued. In this case it would be against the City and would move forward. There was the possibility that Council could come back later and repeal. Council Member Roden asked what would be the legal effect of a repeal as opposed to the legal effect of a sleeping beauty option. City Attorney Burgess stated that if the ordinance were repealed the entire issue would be out of the litigation. In that case, it would be mute which was the basis for repealing rather than the sleeping beauty option. Council Member Roden stated that repealing the ordinance produced a high level of certainty to mute the lawsuits whereas an ordinance of non - enforcement would not do that. Mayor Watt stated that amended pleadings might include the moratorium and issue a motion for Summary Judgment on two fronts; fracking and the moratorium. The sleeping beauty proposal was to keep the ordinance on the books but not enforce until such time in the future that HB 40 went away. A repeal of the fracking ban would allow the moratorium to still be in effect and provide time to develop an action. Council discussed the legal process of the Summary Judgment and scenarios regarding the fracking ban and moratorium and how a judge might consider them. City of Denton City Council Minutes June 16, 2015 Page 22 Mayor Watts agreed with the notion of three legal actions that could be taken at this meeting. However, if Council was going to repeal he suggested putting it on another meeting schedule in order to allow for additional discussion. However, from a time perspective it would be hard to get it scheduled due to council members being absent from two future meetings. Council Member Briggs asked about other cities with bans and lawsuits at those cities. City Attorney Burgess stated that Denton had the only ban currently in the state of Texas. Mayor Pro Tem Gregory stated that he was in favor of delaying the vote for more time to consider all options. He was hearing from citizens who were looking for a way to move forward to negate the effect of HB40 and to figure out the best way to fight for Denton and other cities to work with in the battle. Council Member Roden stated that in reality the other side changed the situation on short notice. Council was attempting to be responsive within what the law allowed. He did not have any great discomfort to repeal at this meeting and did not think additional time would give any different information. Council Member Hawkins asked what would happen if Council took no action. City Attorney Burgess stated that the ordinance would die. Council Member Wazny stated that HB40 was a fact; the lawsuits were a fact and questioned about waiting two weeks to ask the Court for an extension of 21 days. City Attorney Burgess stated that additional time could be asked for from the lawsuits. Council Member Wazny stated she would like to explore an extension of 21 days for additional time to determine a decision. Council Member Briggs questioned if it would be possible to replace the word "repeal" but not use "not enforce ". Instead use softer language for the ordinance. Council Member Johnson stated that there was a variety of ways to attack the issue. He took exception to the accusation that if Council was not protesting or getting arrested they were not defending the issue. There were a number of people who said they would replace the Council or didn't trust the Council or the Council was not standing with them just because Council was not acting the same as what they did. He still believed in the City and disagreed with HB40. Mayor Watts stated that this was quite a struggle for him to decide what the right thing to do was; what was the long term goal or objective. There was not a stampede of other cities to go against HB40 and no support from other municipalities to Denton to help with the issue. Council Member Briggs felt that a plan was needed as right now Denton was not frack free and questioned if that was what Denton wanted to be. City of Denton City Council Minutes June 16, 2015 Page 23 Council Member Johnson was concerned that the industry wanted Denton to go to court and felt that to fight was not best option. Leaving the ban in place and adopting another ordinance indicating that Denton was not going to enforce the original ordinance did not preserve the history. Council Member Johnson motioned to amend the ordnance by repealing it. At that point the lawsuits were mute and there was no risk as to what a judge would do. He did not think the risk of exposing the City was worth keeping the ban on the books to preserve history. Council Member Roden asked about having a work session on where to go from here. Council Member Briggs asked if the City had 21 days to respond. City Attorney Burgess stated that unless there was a signed agreement to an extension, the City would have to defend against Summary Judgment and have to apply assets to prepare against that motion. Staff would have to start as soon as possible to begin defending it. Council Member Wazny stated that if the judge did not allow an extension and if staff did not get started on a reply, then the City would really have a problem being unprepared. Mayor Watts stated that he was conflicted in the situation. He would like to find an alternate time for making a decision. He was in favor of repealing the ban and knew that the City was under a time line but he was not sure if he was ready to act at this meeting. Mayor Pro Tem Gregory stated that there was not a lot of time to do a lot of considering as the clock was ticking and the City's hand was being forced on how to respond. Council Member Johnson stated that next week three members were gone and the following week one member was gone. Staff had to begin preparations and that could not be done until Council took some kind of action. Given the advice from the Attorney and the conversation and comments from public, he did not know what other options would be found in 2 -3 weeks. There was no assurance that it could be delayed. Council had all the options available and input and needed to make a call. Waiting three weeks to make that call could put the legal team in a bad position to do their job. Council Member Briggs stated that she was not ready to vote at this meeting and felt Council should take the time to post the item correctly. Council Member Roden agreed that a vote needed to be taken. Even if extended, a vote would be along the lines of the current motion. There were other difficult options to consider such as the proposed ordinance and it was time to move on. He seconded the motion. Council Member Hawkins asked about not using the word "repeal ". City Attorney Burgess stated that moving forward in order to successfully argue the case to mute the lawsuits, the ordinance needed to be repealed and wordsmithing was not the right approach. The word "repeal" needed to be in the ordinance. City of Denton City Council Minutes June 16, 2015 Page 24 Mayor Watts questioned the reason for not delaying. Council Member Johnson stated that Council had advice from counsel, had conversations and input from citizens and he had not heard anything different in the case as to the need to delay. Council needed to take action and get on to the ordinance. The legal team could not start until Council gave direction and felt that there would be no new ideas if delayed. Council Member Watts stated that he would support the repeal if somewhere a statement could be inserted about the importance of the citizen vote, the commitment the Council had to the citizen vote and that HB40 nullified the vote of the community. Also include language that acknowledged the hard work and dedication of the citizens. Council Member Johnson stated that he would not oppose a friendly amendment with that type of language in the ordinance but he did not want any statement that if HB40 were overturned the ordinance would be reenacted. Council Member Roden was not opposed to that friendly amendment to his second of the motion. Council Member Johnson motioned, Council Member Roden seconded to adopt the ordinance inserting language that would note the importance of the citizen vote, the commitment the Council had to the citizen vote that HB40 nullified the vote of community and that acknowledged the hard work and dedication of the citizens. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye "; Council Member Briggs "nay ". Motion carried with a 6 -1 vote. 6. PUBLIC HEARINGS A. DCA14 -0009h 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- 0009h). 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. City Attorney Burgess stated that in light of HB40 and its effect on the proposed ordinance, staff was recommending that the public hearing be reopened, that comments be taken and then close the public hearing and remand matter to the Planning and Zoning Commission for further deliberation. The Planning and Zoning Commission would take the ordinance under advisement and come forward with recommendations to the Council. Mayor Watts noted that the public hearing was open. City of Denton City Council Minutes June 16, 2015 Page 25 The following individuals spoke during the public hearing: Ed Soph, 1620 Victoria, Denton - take this opportunity to strengthen the ordinance in ways not able to do before Michael Briggs, 2311 Houston, Denton - put wording on website tonight Carol Soph, 1620 Victoria, Denton — consider a table top discussion on emergency situations Eric Moll, 2210 Westwood, Denton — questioned the Zoning Board of Adjustment granting an exception of to a setback to Vantage City Attorney Burgess stated that the ZBA had considered that exception and in their authority considered the matter and granted it. Ron Seifert, no address given - frack with consent of those impacted by the procedure. City Attorney Burgess noted that HB40 would not allow that type of approach. Cindy Spoon, 2210 Westwood, Denton — asked about insurance policies The Mayor closed the public hearing. Council Member Hawkins motioned, Council Member Roden seconded to remand the ordinance back to the Planning and Zoning Commission. On roll call vote, Mayor Pro Tem Gregory "aye" Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye "; Council Member Briggs "nay ". Motion carried with a 6 -1 vote. Council returned to Item 5D. D. A15 -0012c Consider adoption of the ordinances of the City of Denton, Texas on second reading to involuntarily annex approximately 574.75 acres of land contained eight (8) of the fifteen (15) annexation areas. Four (4) of the annexation areas include approximately 440.19 acres of land and are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ) Division 1, and are identified as PAA1, PAA2, PAA3, and PAA4. The remaining four (4) areas include approximately 134.56 acres of land and are considered unincorporated ETJ pockets located within the body of the City of Denton's corporate limits and are identified as DH2, DH3, DH4, and DH 11; providing for a penalty in the maximum amount of $2000.00 for violations thereof, severability and an effective date. (A15- 0012c) Aimee Bissett, Interim Director of Planning and Development, stated that this was the second reading of the annexation ordinances. She would be presenting each caption individually and Council would take action on each one individually. The annexations included eight different areas. Bissett presented the location and size of PAA1 and read the following ordinance caption: City of Denton City Council Minutes June 16, 2015 Page 26 Ordinance No. 2015 -186 An ordinance annexing an area of land to the city of Denton, Texas, generally identified as PAA1 of approximately 188.60 acres (less those parcels identified in Exhibit "C ") 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 "Z" attached hereto, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within PAA1 subject to non - annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Council Member Hawkins motioned, Mayor Pro Tem Gregory seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye ". Motion carried unanimously. Bissett presented the location and size of PAA2 and read the following ordinance caption: Ordinance No. 2015 -187 An ordinance annexing an area of land to the city of Denton, Texas, generally identified as PAA2 south of approximately 88.45 acres (less those parcels identified in Exhibit "C ") located on the south side of FM 1173, north of W. University Drive, west of I -35, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within PAA2 south subject to non - annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Council Member Johnson motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye ". Motion carried unanimously. Bissett presented the location and size of PAA3 and read the following ordinance caption: Ordinance No. 2015 -188 An ordinance annexing an area of land to the city of Denton, Texas, generally identified as PAA3 of approximately 219.96 acres (less those parcels identified in Exhibit "C ") located on the south side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I -35, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this City of Denton City Council Minutes June 16, 2015 Page 27 ordinance; excluding properties within PAA3 subject to non - annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Mayor Pro Tem Gregory motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye ". Motion carried unanimously. Bissett presented the location and size of PAA4 and read the following ordinance caption: Ordinance No. 2015 -189 An ordinance annexing an area of land to the city of Denton, Texas, generally identified as PAA4 of approximately 11.78 acres (less those parcels identified in Exhibit "C ") located on the south side of Milam Road; north of Loop 288; east of I -35, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within PAA4 subject to non - annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Council Member Johnson motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye ". Motion carried unanimously. Bissett presented the location and size of DH2 and read the following ordinance caption: Ordinance No. 2015 -182 An ordinance annexing an area of land to the city of Denton, Texas, generally identified as DH -2 of approximately 73.51 acres (less those parcels identified in Exhibit "C") 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, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within DH -2 subject to non - annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Council Member Hawkins motioned, Mayor Pro Tem Gregory seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye ". Motion carried unanimously. City of Denton City Council Minutes June 16, 2015 Page 28 Bissett presented the location and size of DH -3 and read the following ordinance caption: Ordinance No. 2015 -183 An ordinance annexing an area of land to the city of Denton, Texas, generally identified as DH -3 of approximately 24.47 acres (less those parcels identified in Exhibit "C") 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, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within DH -3 subject to non - annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Council Member Hawkins motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye ". Motion carried unanimously. Bissett presented the location and size of DH -4 and read the following ordinance caption: Ordinance No. 2015 -184 An ordinance annexing an area of land to the city of Denton, Texas, generally identified as DH -4 of approximately 347 acres (less those parcels identified in Exhibits "C ") 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, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within DH -4 subject to non - annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Council Member Johnson motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye ". Motion carried unanimously. Bissett presented the location and size of DH -11 and read the following ordinance caption: Ordinance No. 2015 -185 An ordinance annexing an area of land to the city of Denton, Texas, generally identified as DH -11 of approximately 62.2 acres located southeast of the intersection of Mayhill Road and McKinney Street, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas, and which contains fewer than 10 separate tracts of land on which one or more City of Denton City Council Minutes June 16, 2015 Page 29 residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. Council Member Hawkins motioned, Mayor Pro Tem Gregory seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Gregory "aye ", Council Member Johnson "aye ", Mayor Watts "aye ", Council Member Briggs "aye ", Council Member Hawkins "aye ", Council Member Wazny "aye ", and Council Member Roden "aye ". Motion carried unanimously. 7. 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 did not have any items to present. 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 1:00 a.m. 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 #: ID 15 -539, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM: George C. Campbell Date: July 21, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Greenbelt Alliance of Denton County for the purpose of capital needs; providing for the expenditure of funds; and providing for an effective date. ($800) BACKGROUND This agreement allows for the total expenditure of $800 from Council Contingency Funds. (Mayor Watts $300, Council Member Briggs $200 and Council Member Hawkins $300) Key provisions of the agreement include: • Funds shall be used by the Greenbelt Alliance of Denton County for the purpose of capital needs. • In addition to other reporting requirements, documentation in the form of canceled checks and /or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from Council contingency fund accounts. FYUIRITC 1. Ordinance. 2. Agreement Respectfully submitted: George C. Campbell City Manager Prepared by: City of Denton Page 1 of 2 Printed on 7/16/2015 File M ID 15 -539, Version: 1 Linda Holley Senior Executive Assistant City of Denton Page 2 of 2 Printed on 7/16/2015 h rwm d by I cx:ls i''I S:\I,egal\Our Docurnents\0rdinances\1 5\sery agr-G reen belt Alliance ol'Denton County.doc ORDINANCE NO. AN ORDINANCE OFTI-1f,'"CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE? CITY OF DENTON, TEXAS AND GREENBELT ALLIANCE OF DENTON C0LjNj'Y FOR THE PURPOSE OF CAPITAL NEEDS; PROVIDING FOR ']"HE EXPENDITURE; OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WFIEREAS, the City Council of the City of Denton hereby finds that the agreement between the City and Greenbelt Alliance of Denton County for expenses for the continued preservation of the Greenbelt, attached hereto and made a part hereof by reference (the "Agreement "), serves a municipal and public purpose and is in the public interest; NOW, TFIEREFORE, THE COUNCIL OF THE CITY OF' DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City tinder the Public Service Agreement, including the expenditure of funds as provided in the Agreement. SECTION 3. 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 SECRE"I'ARY Im APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 7 BY: ---------- \ \codad \departments \city manager's office \cmo \council assistant \contingency funds \contingency 2014- 15 \greenfest \sery agr greenbelt alliance of denton county.doc SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND GREENBELT ALLIANCE OF DENTON COUNTY This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City ", and Greenbelt Alliance of Denton County, a Texas Non - Profit Corporation, hereinafter referred to as "Greenbelt Alliance of Denton County ": WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; and WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public interest; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES Greenbelt Alliance of Denton County shall, in a satisfactory and proper manner, perform the following tasks, for which the monies provided by City may be used: The funds being provided shall be used by Greenbelt Alliance of Denton County to assist with expenses for the continued preservation of the Greenbelt. II. OBLIGATIONS OF GREENBELT ALLIANCE OF DENTON COUNTY In consideration of the receipt of funds from City, Greenbelt Alliance of Denton County agrees to the following terms and conditions: A. Eight Hundred Dollars and no /100 ($800.00) shall be paid to Greenbelt Alliance of Denton County by City to be utilized for the purposes set forth in Article I. B. Greenbelt Alliance of Denton County will maintain adequate records to establish that the City funds are used for the purposes authorized by this Agreement. C. Greenbelt Alliance of Denton County will permit authorized officials of City to review its books at any time. D. Upon request, Greenbelt Alliance of Denton County will provide to City its By Laws and any of its rules and regulations that may be relevant to this Agreement. E. Greenbelt Alliance of Denton County will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. .e ..,...,.,,.....,.r— . .--. w -mm ..........m .. ..—. -- —.—....,.... .... ...0 - - miwaawmw.rvww �— .mnw .wwu �AY�tl.F %I W- 1:Ilauronldo�mlc�adslscry agr greenbeh alliance 0denton county doc F. Greenbelt Alliance of .Denton County will appoint a representative who will be available to meet with City oVicials when requested, G, Greenbelt Alliance of Denton County will submit to City copies of year -end audited financial statements. III. 'TIME OF PERFORMANCE The services landed by City shall be undertaken and completed by Organization within the following time frame: The term of this Agreement shall cotnmence on the effective date and terminate September 30, 2015 unless the contract is sooner terminated under Section VII "Suspension or Termination ". IV, PAYMENTS A. PAYMENTS To GfwLNBL`LT ALLIANCE of DENTON COUNTY, City shall pay to Greenbelt Alliance of`Denton County the sum specified in Article 11 after the effective date of this Agreement, B, EXCESS PAYMENT, Greenbelt Alliance of Denton County shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines; 1) has resulted in overpayment to Greenbelt Alliance of Denton County; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. V. EVALUATION Greenbelt Alliance of Denton County agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Greenbelt Alliance of Denton County agrees to make available its financial records for review by City at City's discretion. In addition, Greenbelt Alliance of Denton County agrees to provide City the following data and reports, or copies thereof. A. All external or internal audits. Greenbelt Alliance of Denton County shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. An explanation of any major changes in program services, Page 2 of 7 LSlaurcnWownlcutds \scry agr greouhelt alliance ofdenion count) doe D. To comply with this section, Greenbelt Alliance of Denton County agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. The record system ol.Greenbelt Alliance of Denton County shall contain sufficient documentation to provide in detail Full support and justification for each expenditure. Greenbelt Alliance of Denton County agrees to retain all books, records, documents, reports. and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for rive years. E. Nothing in the above subsections shall be construed to relieve Greenbelt Alliance of Denton County of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTORRS' MEFTINGS During the term of this Agreement, Greenbelt Alliance of Denton County shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof wherein this program is a part of the subject matter of the meeting. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Greenbelt Alliance of Denton County understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Greenbelt Alliance of Denton County' governing; body shall be available to City within ten (10) working days of approval. VII. TERMINATION The City may terminate this Agreement for cause if Greenbelt Alliance of Denton County violates any covenants, agreements, or guarantees of this Agreement, the Greenbelt Alliance of Denton County's insolvency or filing of bankruptcy, dissolution, or receivership, or the Greenbelt Alliance of Denton County' violation of any law or regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. VIIL EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Greenbelt Alliance of Denton County shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. Greenbelt Alliance of Denton County will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. C. In the event of noncompliance by Greenbelt Alliance of Denton County with the nondiscrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Greenbelt Alliance of Denton County may be barred from further contracts with City. Page 3 of 7 f,llauren\downloadAicrk, agr greenbelt uIhance of demon county doe W. WARRANTIES Greenbelt Alliance of Denton County represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City, B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Greenbelt Alliance of Denton County on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Greenbelt Alliance of Denton County, C. No litigation or legal proceedings are presently pending or threatened against Greenbelt Alliance of Denton County, D. None of the provisions herein contravenes or is in conflict with the authority under which Greenbelt Alliance of Denton County is doing business or with the provisions of any existing indenture or agreement of Greenbelt Alliance of Denton County, E. Greenbelt Alliance of Denton County has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the tcrtrns and conditions of this Agreement. F. Norte ofthe assets of Greenbelt Alliance of Denton County are subject to any lien or encumbrance of any character, except for current taxes not delinquent., except as shown in the financial statements furnished by Greenbelt Alliance of Denton County to City. Each of these representations and warranties shal I be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. CHANGES AND AMmFNDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall beeome a part of the Agreement on the effective date specified by the law or regulation. Page 4 of 7 fAlaurenklownloadssery aep grccnbelt alliance of denton county,doc C. Greenbelt Alliance of Denton County shall notify City of any changes in personnel or governing board composition. XL INDEMNIFICATION ATION To the extent authorized by law, the Greenbelt Alliance of Denton County agrees to indenvrify, hold harmless, and defend the City, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the Greenbelt Alliance of Denton County or those services contemplated by this Agreement, including all such clairns or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of Greenbelt Alliance of Denton County, its officers, employees, agents, subcontractors, licensees and invitees. X11. CONFLICT OF INTF.,k.BST A. Greenbelt Alliance of Denton County covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Greenbelt Alliance of Denton County further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Greenbelt Alliance of Denton County further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his /her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself /herself, or others; particularly those with which he /she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest. X111. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received, or not, when deposited in the United States mai I, postage prepaid, registered or certified, return receipt requested, or via hand - delivery or facsimile, addressed to Greenbelt Alliance of Denton County or City, as the case may be, at the following addresses: Page 5of7 L1laurenldo+vnloadswcry aer grccnbclt alliance ordenton county doc CITY City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 Fax No. 940.349.8591 GREENBELT ALLIANCE OF DENTON COUNTY Richard Rogers Chairman of Greenbelt Alliance of Denton Cournty 2459 Blackjack Road West Aubrey, TX 76227 682.365.8677 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XIV. MISCELLANEOUS A. Greenbelt Alliance of Denton County shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Greenbelt Alliance of Denton County hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Greenbelt Alliance of Denton County. Neither shall such payment, act; or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other con-invtment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. Page 6 of 7 fklavraiWowulaPdR\wry &V Fftnbeft alliance of dentom county.doc IN, WITNESS WHEREOF, the parties do hereby affix their signatures wid enter jTlto this Agreemebt as of the day of .2015 W, BOARD SECRETARY CITY OF DENTON, TEXAS TAWN-mrorl"XIM-M CITY MANAGER COUNTY 10, RICHARD ROG;6-S" CHAIRMAN 07,30M City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -540, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM: George C. Campbell Date: July 21, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Assistance Center, Inc. for funds that will be used for "Serve Denton" Services; Providing for the expenditure of funds; and providing for an effective date. ($1,900) BACKGROUND This agreement allows for the total expenditure of $1,900 from Council Contingency Funds. (Council Member Johnson $1,600 and Council Member Hawkins $300) Key provision of the agreement include: • Funds shall be used by the Denton Assistance Center, Inc. for Serve Denton Services. • In addition to other reporting requirements, documentation in the form of canceled checks and /or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from Council contingency fund accounts. FYUIRITC 1. Ordinance. 2. Agreement Respectfully submitted: George C. Campbell City Manager City of Denton Page 1 of 2 Printed on 7/16/2015 File M ID 15 -540, Version: 1 Prepared by: Linda Holley Senior Executive Assistant City of Denton Page 2 of 2 Printed on 7/16/2015 h rwm d by I cx:ls i''I S:\1,ega1\0Ur Docunients\0rdinanccs\1 5\sery agr-Denton Assistance - Serve Denton.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, 'TEXAS AND DENTON ASSISTANCE CENTER, INC. FOR FUNDS 'THAT WILL BE USED FOR "SERVE DENTON" SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton hereby finds that the agreement between the City and Denton Assistance Center, Inc. for funds to be used for Serve Denton services, which is attached hereto and made a part hereof by reference (the "Agreement"), serves a municipal and public purpose and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City under the Public Service Agreement, including the expenditure of funds as provided in the Agreement. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the — day of , 2015. CI-IRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: sAegahow docuiam"s\coin1ract,,A I Aseiiv agr denton ass�maince cmer,doc SERVICE AGREEMENT BETWEEN THE CITY OF DENTON,TEXAS AND DENTON ASSISTANCE CENT111ER, INC. This Agreement is hereby entered into by and between the City of Denton,Texas, a I forne Rule Municipal Corporation, hereinafter referred to as "City", and Denton Assistance Center, a '11'exas Non-Profit Corporation, hereinafter referred to as "Denton Assistance Center, Inc,." WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; and WHEREAS, this Agreernent serves a valid municipal and public purpose and is in the public interest; NOW, THEREF, ORE, the parties hereto mutually agree as followsa 1. SCOPE OF S1. . .,RVICES Denton Assistance Center shall, in a satisfiactory and proper manner, perform the following tasks, for which the monies provided by City may be used: The ffinds being provided shall be used by Denton Assistance Center to assist with funds that will be used by Serve [)enton services. 11. OBLI(JATIONS OF DENTON ASSis,rANCE CENTER . ..................... . . . ...................................... .. — Okgahour documeiruskonvacW 15\sery agr season assislance emer doc F. Denton Assistance Center will appoint as representative who will be available to meet with City officials when requested. G. Denton Assistance Center will submit to City copies of year-end audited financial RUHMMM 111. TIME OF PERFORMANCE . . .................. . . ............................. The services funded by City shall be undertaken and completed by Organization within the following time f1rarne: The term of this Agreement shall commence on the effective date and terminate September 30, 2015 unless the contract is sooner tenninated under Section V11 "Suspension or Termination". IV. PAYMEN'rs 11-1- - - - ---------- -- A, PAYMENTS'ro DENTON AssiSTANCE CEWER. City shall pqy to I..)enton Assistance Center the SUrn specified in Article 11 after the eff.ective date of this Agreement. B. ExCESS PAYMENT. Denton Assistance Center shall refund to City, within ten (10) working days of City's request, any, sum of money which has been paid by City and which City at any time thereafter deter rmines° 1) has resulted in overpayment to Denton Assistance Center; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. V. EVALUXTION Denton Assistance Center agrees to participate in an implementation and maintenance system Thereby the services can be contirniously monitored. Denton Assistance Center agrees to make available its financial records for review by City at City's discretion. In addition, Denton Assistance Center agrees to provide City the following data and reports, or copies thereof. A- All external or intemal audit 's. Denton Assistance Center shall submit a copy of the annual independent audit to City within ten (10) days of' receipt. B. All external or internal evaluation reports,, C. An explanation of any ma,. I )or changes in program services. D. To comply with this section, Denton Assistance Center agrees to maintain records that will provide accurate, current, separate, and complete disclosure ofthe status offends i.-,eceived and the Page 2 of-7 SAIICpAour agT denlowl assWaince cenacv doc services performed under this Agreement. "I'he record system of Denton Assistance Center shall contain sufficient documentation to provide in detail full support and justification For each expenditure., l...)enton Assistance Center agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of ftinds under this Agreement for five years. E, Nothing in the above subsections shall be construed to relieve Denton Assistance Center of responsibility for retaining accurate and current records that clearly, reflect the level and benefit of services provided under this Agreement. W DIRl"C'YORS' MEt"VINGS I'll, ----- -2 ------ -------- - - Minutes of all meetings of Denum Assistance Center' governing body shall be available to City within ten (10) working days of approval. V11. TERMINATION The City may terminate this Agreement for cause if Denton Assistance Center violates any covenants, agreements, or guarantees of this Agreement, the Denton. Assistance Center's insolvency or filing of bankruptcy, dissolution, or receivership, or the Denton Assistance Center'violation of ally law or regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. V111. E UAL OPPORTUNITY AND COMPLIANCE WITH 1....AWS .......... Q ............................ . . ...... A. Denton Assistance Center shall comply with all applicable equal employment opportunity and affim-tative action laws or regulations. B. Denton Assistance Center will ftimish all information and reports requested by City, and wiH permit access to its books, records., and accounts for purposes of investigation to ascertain compliance with 1(.-)cal, State and Federal rules and regulations., C. In the event of noncorriphance by Denton Assistance Center with the nondiscrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Denton Assistance Center may be barred from further contracts with City. Page 3 of 7 s:Mega \our dwumenlslconftacls\ 1 5\SM agr demon assumance ceinter.doc JX WARRANTIES Denton Assistance ("enter represents and warrants that. A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial staterneruts heretofore requested by City and furnished to City, are complete, accurate and fairly, reflect the financial conditions of Denton Assistance Center on the date shown on said report, arid the results ofthe operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Denton Assistance Center. (,'. No litigation or legal proceedings are presently pending or threatened against Denton Assistance Center. D. None of the provisions herein. contravenes or is in conflict with the authority under which Denton Assistance Center is doing business or with the provisions of any existing indenture or agreement of Denton Assistance Center, E. Denton Assistance Center has the power to enter into this Agreement and accept payments hereUnder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. one of the assets of Denton Assistance Center are subject to any lien or encumbrance of any character, except for current taxes not delinquent, excel,,)t as shown in the financial statements furnished. by Denton Assistance Center to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. CHANGES AND AMENDMF-,'N'TS .............. . . ..... - A, Any alterations, additions, or deletions to the terms of this Agreement shall be by written arnendr-rient executed by both parties, except when the term.s of this Agreement expressly provide that another method shall be used. B. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursumt hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall becorne a part of the Agreement on the effective date specified by the law or regulation. Page 4 of 7 s��Vegehoiardocun�ents\contfacts��5\.sery agr denton RsMstance cemer, doe C. Denton Assistance Center shall notify City of any changes in personnel or governing board composition. XL I-NDIIE"M�NIIIFICIA"Ir�11110�NI XIL CONFLICT OF TNTEREST A. Denton Assistance Center covenants that neither it nor any member of its goveming body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Denton Assistance Center further covenants that in the perfonnance of this Agreement, no person having such interest shall be employed or appointed as as member of its governing body. B. Denton Assistance Center further covenants that no member of its gnave ming body or its staff, subcontractors or employees shall possess any interest in or use his/tier position for as purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which. he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its grave ink' body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest. XIII. NOTICE Any notice or other, written instrument required or permitted to be delivered under the to of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the [Jrdted States mail, postage prepaid, registered or certified, return receipt requested, or via hand-delivery or facsimile, addressed to Denton Assistance Center or City, as the case may be, at the following addresses: sAegal\our doctuiiieiits\coi[itr'acts\15\sery agir demon assistance cemey. doe I= City of Denton, Texas Attn: City, Manager 215 E. McKinney Denton, 'rX 76201. Fax No., 940.349.8591 DEWON ASsisTANCE CENTER, MC. Pat Smith Serve Denton 1980 E. University Dr. Denton,'rX 76209 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XIS'. M.1 S CELLANEOUS A. Denton Assistance Center shall not transfer, pledge or otherwise assignthus Agreement or any interest thereiri, or any claim arising thereunder to any party or parties, bar ., trust corripany, or other financial institution without the prior written approval of City. B. If any provision of this Agreement is field to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. D. ' 'has .Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto., have any legal force or eff.ect whatsoever, unless properly, executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. This Agreement shall be interpreted in accordance with the laws of the State of'rexas and venue of any, litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. sAlegal \our documents\contracts\ I 5\sery agr denton assistance center.doc IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of - 1..,. _ti 2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ��0�.e. Y' BY: ATTEST: aj t � RD v" [e' VARY CITY OF DENTON, TEXAS GEORGE C. CAMPBELL CITY MANAGER DENTON ASSISTANCE CENTER, INC.. PAT SMITH Page 7 of 7 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -542, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Denton Municipal Electric CM/ ACM: Howard Martin, 349 -8232 Date: 21- JULY -15 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale between the City of Denton, Texas ( "City "), as Buyer, and Serendipity Business Interests, LLC Property ( "Owner ") 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 and more particularly described in Exhibit "1 ", for the purchase price of Ninety Five Thousand Dollars and no cents ($95,000.00), and other valuable consideration, as prescribed in the contract of sale ( "Agreement "); 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. Recommend approval of this offer to purchase this real property. 2. Do not recommend approval of the offer of this real property purchase and provide staff with further direction. Table for future discussion RECOMMENDATION DME staff recommends acceptance of the offer to purchase this real property. 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 7/16/2015 File #: ID 15 -542, 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 offers for the abovementioned Property Interest on March 23, 2015. The City Council made a finding that a public use and necessity existed for this tract and authorized acquisition 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. Ordinance (contains contract & exhibits) Respectfully submitted: Phil Williams General Manager Prepared by: Smith Day Compliance Manager City of Denton Page 2 of 2 Printed on 7/16/2015 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONTRACT OF SALE BETWEEN THE CITY OF DENTON, TEXAS ( "CITY "), AS BUYER, AND SERENDIPITY BUSINESS INTERESTS, LLC, A TEXAS LIMITED LIABILITY COMPANY, ( "OWNER "), AS SELLER, TO ACQUIRE FEE TITLE TO A 0.138 ACRE TRACT SITUATED IN THE E. PUCHALSKI SURVEY, ABSTRACT NO. 996, CITY OF DENTON, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A ", AND LOCATED GENERALLY IN THE 100 BLOCK OF N. BONNIE BRAE ST. ( "PROPERTY INTEREST ") FOR THE PURCHASE PRICE OF NINETY FIVE THOUSAND DOLLARS AND NO CENTS ($95,000.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE CONTRACT OF SALE ( "AGREEMENT "); AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ( "City ") made a bona fide offer to Serendipity Business Interests, LLC, ( "Owner ") to purchase the Property Interest; WHEREAS, the Owner has made a counteroffer to the offer of the City; WHEREAS, the City is amenable to the counteroffer, and finds that it is in the best interest to agree to same; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is authorized (a) to execute on behalf of the City (i) the Contract of Sale, between the City and Owner, in the form attached hereto and made a part hereof as Exhibit "A ", with a purchase price of $95,000.00 and other consideration, plus costs and expenses, all as prescribed in the Contract of Sale; and (ii) any other documents necessary for closing the transaction contemplated by the Contract of Sale; and (b) to make expenditures in accordance with the terms of the Contract of Sale. SECTION 2. 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 3. 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 IN APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: v %"'o- STATE OF TEXAS § COUN'T'Y OF DENTON § CONTRACT OF SALE NOTICE. YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREE1t4ENT REGARDING THE CITY OF DENI'ON'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 defiled 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 ]-ionic 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 (� .��i�2i/ j-�- tA.��tS -{�'lk. I'i1'���. �., i��,i'Ylf��!�.. G1.Yl "'� rA,►'lt�_ Gf�I. � ,t? �- ,,�f�'1Q rl,et (� —fit, f t 1' I v1L not,-) on 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. f,'Wie, 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 Pit-ice. The Purchase Price to be paid to Seller for the Property is the SLIM of SFfi`1° fi``-P� F � rr 1 C (the "Purchase Price"). ° Cv�f j�'tic� i2 �4i 1'b t� U:rti�}� 'l IGt L 7 SID LR)� 2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No /100 Dollars (51,000.') ), as Earnest Money (herein so called) with Title Resources, L,LC, 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 (SI00.0") (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(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. (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 cornmissions 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: (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 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 titne 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; 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: 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 Bu Scott W. Hickey, Attorney at La4v Kelsey, Kelsey & Hickey, PLLC P.O. Box 918 Denton, Texas 76202 Telecopy: (940) 387 -9553 Contract of Sale Page 12 of 21 --I F Z 1 �Sil- ��`i�i G`�i 4P/✓ %..U�yy�^`r w� G�.�jf�j ///'"t/(,,��%C�G� ,1-}�Q /�V))I 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 Bu Scott W. Hickey, Attorney at La4v 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 (uniting 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: SERF,NUIPITY BUSINESS IN` EIRES "f S, LLC, A TEXAS Ll\4I`rEl) BILITY CC IMPANY Nlame: —�� Title: i( h1_0 JN . Executed by Seller on the day of rte .2015. 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 Im APPROVED AS TO LEGAL FORM: SCOTT W. HICKEY, KELSEY, KELSEY & HICKEY, PLLC BY: V 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 Exhibit "A" to Contract of Sale z 6,6 5' z -a 0 < LLI 2, Lu a 0 w E Cq cc Ck Z) -z 61. 0 0 U) v7 z Om 0 O> 7z 0 4; (J) 0 0 L, mom z 0 CC 0 0 z > cc 0. z < LU 0 42. L) 0� On 0 �7 < z < 31^ Q. Ld KO 0 > na;! 16 v n8 & C, 0, K < 0 01 0 ti s ale E t O 0. 0 u, z IL road 66 'Od' r ovo NOWOOV N311IHAA 994I'9IEW ON DOG 9101 011 YdVd 02W)4VO t, 101 uv7d-.00*09 Hincs) M "M14.00 s X — (tot A"'31 P99 *°)d 'Zop IOA 'M33 'NVSXt w og ILI W 16 1; 0 Cn- -,I iwJ ti (2, w0 CL .0 < 0 0 O Ilu LU uj p S z 2,L p CL p I U� 100 .09 3 .89.„85,£4000 -----(IV-ld-,00'09 H180N) 6 t3 k % (AVIA-JO-1H918 HIOMA -37OV18VA) 133HIS 3VUS 3INN08 E, 43 Contract of Sale Page 17 of 21 n ATTACHMENT "1" 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 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 , 2015 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 i - Exhibit "A" to Special Warranty Deed N o y` > b a "R °fr8 ° o a - LLI LLJ LLI S i6 E W �.is z U) 0z :' 00 oz ✓ S e�P� UA an ? C) �� o ° p w Ow vF _ W f w o y ,e, 2 O E Q w0 t D R > o pN x F 0 $ 00 N °n£ a u2 Pw IR c v • av z s< e L r E °$ I 1XI cc u c G x 4 wpj 2 ✓' °.� o �,� E °v` 41 ` 5 r� « I _. i I( Q $ S s f` aW W O 4 OK v 6 0 a °:� s g y �a s sa 0 of o f mNO z °� aES Yy zr a J _ pp tu J ma M v i 6 {_ .1.0.0. N.d 66 "ed ' f 'evo NOIU100V N3111NM 98tS8-EtOZ'ON 000 9101 '077 )48Vd 03W MVO 4 101 (.LV7d- ,00'09 H1nOS) ° ,94'09 M 11Zh44 °00 S 1 ,91X -- $ X o 09 Zi Zlby N1) IM33 M33 'NVS ,Zt g aUa 1w �� nr CID, :6 '',R° o a° a Ew 0. u_ { e� , V 0 u Q> a 2U0 o� 4 2 b � � Jj,�' N � E 2 F_ 4 y o Yin �sp t w F- o W= .r. p LU cc j p� -Q ti ti� - SAO � Z UZo 4 a N w�p 4 6 � P 00M M.99.ELOOS e U 00'09 3 „8S.£Lo00 N eana �to3 x{ t y - -- — ___r_�1V7d •.00'09 H1iJON)— ' - - -_.. _a r (AVM -d0'1HO1&H1OIM 378VIUVA) ® 133UIS WHO Contract of Sale o Page 21 of 21 9 � City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -543, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Denton Municipal Electric CM/ ACM: Howard Martin, 349 -8232 Date: July 21, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale between the City of Denton, Texas ( "City "), as Buyer, and Mankins Property ( "Owner ") 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 and more particularly described in Exhibit "1 ", for the purchase price of One Hundred Fifteen Thousand Dollars and no cents ($115,000.00), and other valuable consideration, as prescribed in the contract of sale ( "Agreement "); 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. Recommend approval of this offer to purchase this real property. 2. Do not recommend approval of the offer of this real property purchase and provide staff with further direction. 3. Table for future discussion RECOMMENDATION DME staff recommends acceptance of the offer to purchase this real property. 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 7/16/2015 File #: ID 15 -543, 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 offers for the abovementioned Property Interest on March 23, 2015. The City Council made a finding that a public use and necessity existed for this tract and authorized acquisition 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. Ordinance (contains contract & exhibits) Respectfully submitted: Phil Williams General Manager Prepared by: Smith Day Compliance Manager City of Denton Page 2 of 2 Printed on 7/16/2015 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONTRACT OF SALE BETWEEN THE CITY OF DENTON, TEXAS ( "CITY "), AS BUYER, AND WILLIAM CHADWICK MANKINS ( "OWNER "), AS SELLER, TO ACQUIRE FEE TITLE TO A 0.138 ACRE TRACT SITUATED IN THE E. PUCHALSKI SURVEY, ABSTRACT NO. 996, CITY OF DENTON, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A ", AND LOCATED GENERALLY IN THE 100 BLOCK OF N. BONNIE BRAE ST. ( "PROPERTY INTEREST ") FOR THE PURCHASE PRICE OF ONE HUNDRED AND FIFTEEN THOUSAND DOLLARS AND NO CENTS ($115,000.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE CONTRACT OF SALE ( "AGREEMENT "); AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ( "City ") made a bona fide offer to William Chadwick Mankins ( "Owner ") to purchase the Property Interest; WHEREAS, the Owner has made a counteroffer to the offer of the City; WHEREAS, the City is amenable to the counteroffer, and finds that it is in the best interest to agree to same; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is authorized (a) to execute on behalf of the City (i) the Contract of Sale, between the City and Owner, in the form attached hereto and made a part hereof as Exhibit "A ", with a purchase price of $115,000.00 and other consideration, plus costs and expenses, all as prescribed in the Contract of Sale; and (ii) any other documents necessary for closing the transaction contemplated by the Contract of Sale; and (b) to make expenditures in accordance with the terms of the Contract of Sale. SECTION 2. 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 3. 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: CONTRACT OF SALE r ,ti I - STATE OF TEXAS S COUNTY OF DENTON NOTICE; YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEINIENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER Oil AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. This Contract of Sale (tile "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 MANKI \S (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, Seiler 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 (tile "Land")-, and Wf-IERI;AS, 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 resCrvation made herein, shall rescrNe, for """sell; his heirs, dcviseCS, successors and assigns all of, his oil, =as 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 Nvith 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. Wjdie, 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 L 0,115- sum of NfNFT i TV°I TN(Tt+ 'S=AND 3rid sfEi }Ofl t� D fi trs ¢$9 0 (the "Purchase I'I'ICe "). T t C G; "I'✓\, U ` " I <+ 1 € c v, i 1 2.02 Earnest Nloney. Buyer shall deposit the sum of One Thousand and No /100 Dollars ($1,000.00), as Earncst 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/] 00 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 Safe Pace 2 oF2 1 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 (tile "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, theft 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 firth in Article 111, above, shall be applicable to the Objections by Buyer to the Updated Commitment, if' any, and Closing shall be so extended to accommodate such review and cure period. 3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas Owner's Policy of Title Insurance ( "Title Policy ") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to tite 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 Safe 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); (e) 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. AR'T'ICLE 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 REPRESENTA'T'IONS WARRAN'T'IES 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 t'age 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. (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 acid encumbrances. (i) Seller has not contracted or entered into any agreement with any real estate broker, agent, tinder, 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 ol'any I- lazardoUS Substance to, on or from the Property. AS used in this Contract, "I- Ia7.ardoUS Substance" means and includes all hazardous and toxic substances, waste or materials, chemicals, and any pollutant or contaminant, including without limitation, PC13'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 I?nvironmental 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(x), 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 oil 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, trite, correct, and complete copies of the following: (i) All lease agreements and /or occupancy agreements and/or licenses of, ar7v kind or nature (if oral, Seller shall provide to (3uyer in tivritiilg all material terms thereof) relating to the possession 01, the Property, or any part thereof, including any and all modifications, supplements, and amendments thereto (the "Leases-). 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 hilly performed on or before Contract ofSale Pagc 7 of 21 the Closing or would be binding on Buyer or the Property after the date of Closing. Advise the Buyer promptly of any litigation, arbitration, or administrative hearing concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, grant or permit to be attached or perfected, any lien, encumbrance, or charge thereon. (e) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, liability, and expense, including, without limitation, reasonable attorneys' flees, 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) Seiler 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 Seder'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 Pnge 8 of 2 l initiated by an entity other than Buyer, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 5.06 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. 5.05 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. 5.05 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 ' r established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall be o {�cM}attnrd �i`f9c e►g i (i °AOJ°f�t�daf- da3#tr�ih� Efti�cti�-e °l-?ate; ;�'� `"``; unless otherwise mutually agreed upon by Buyer and Seller. N1j5 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 spccif led 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, tine following items: (i) The Munn 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 tine 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 Pecs, 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 Safe 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 orally 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 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; 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 assets 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 Vil, Section 7.02(b) of this Contract for Contract of Sale Page 1 I 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: z - _0 1�) 110 > 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. Flickey, Attorney at Law Kelsey, Kelsey & Hickey, PI-LC P.O. Box 918 Denton, Texas 76202 "Telecopy: (940) 387 -9553 Contact of Sale Pagc 12 of 21 9.02 Governing; Law and Venue. '['his 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. 1N, 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. "Phis 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 tip 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, ill 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. hl 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: WILLIANt CEIADWiCK IMANKINS Executed b Seller on the day of —I w �; c y � y � t " -- . 201 S. Contract of Sale Page 1.4 of 21 is • GEORGE C. CAMPBELL, CITY MANAGER Executed by Buyer on the day of )2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY IC APPROVED AS TO LEGAL FORM: SCOTT W. HICKEY, KELSEY, KELSEY & HICKEY, PLLC BY: 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 pet-form 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 ME Printed Name: Title: Contract receipt date: , 2015 Contract of Sale Page 16 of 21 Exhibit "A" to Contract of Sale N N XE m d 8 rW a n a ZoagAw a r�s O Ev o Ck LU CL ° O U o LL Q 45 $ a r 6 Z Q W Q Q o N O c O ZO 3 ° �E W K .2 tee' 49 4U' �O °� Y E " Q CC m °0 oe 01. In ° c 2 a E iz q 4 z� SEA d•'. i °mv K c osN , 4 E z °E o ¢ fR vs `g e 0> z 3n =' " O z Y a c i E } I i °° m v U U s r ° It 10 w _` = p R" B b b X w= r _ .._.. �_ Ern co L'E E 0 C) 0 Etc C a C p ds` v € -° E a a 7O m_« oa > F k O U 66'`Jd'f'8VO yc? a n,U Q�Ua N0I11(I0V N31IIHM q o Cj X v o � 9 101 a 4101 C, r q O O Qd7d m 09 HL7oS) �'�- v SD � st os M,.zt,at<oo s ,96'09 M 11Z6S46100 S { �- ' Jv I�D O < X X X (a01 W31U Oct M.Zt,bt.00 S e' �J 3�t1J� 3UV.1 h99 '0 'L06 "70A (02 'J6VS3IS "NVS,Zt — c W X W � w 2v LLI t� M waU 0 1 W ja °mead o 0 io 0 O \Ji ?�� q f0 U o W ° 5 c N ��oo o- .- hg�'y a m) ti n o _ ¢ 0- a vWi z ° w to z 3 6 ® S 62 o� QO'09 3 AM 00 N .N , orroo -= UV7d,0009 HIaoN) - �_��� (GV /,1-d0-1H°Jla H141M 378V18VA) w J.33HIS 3VUB 31NNOS Page 17 of 21 9 Contract o Sale W ¢o x aoo� §�aooao ! ATTACHMENT "1" 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 MANKtNS (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 , 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 z t < ®woW Q. z z a 1 C0 01 E w r 82 P < LIJ C) 0, U CI T: z C) 00 U) z 0 z 0 6 z W < 2 > w 0 wz z 2 ul OW 0 .-0 10 Lj (m) . . . z z Z� 0 C) 0 0 U 0 0 0 w F . 0 6 w E Ig 0 E S. 0, > Ni 61 < < E > 01 uj P - a W .0 w ,0 Pu w W C) F, z > t & CO i, zi E 0 85 g 16' Z. Q, 00 0 8 t < ! 76 t Z R E 0 � 0 � 3 P& 8 zqm Z E q Q) 0 < U 66 "Od' r Cr NOIIICIGV N3111HM a o Ci 9 101 101 C, 0 C) Q (.L vlam og H-Lnos) h-3 st 09 m,et'Pt.00 3 .9 V09 M 11z kt, L.00 s t 000 x < x x W3-LI) M.elltll 7—K—, 0(a P99 Od 'ZOO 10A IWS3 M3S LU 0 to W w (3 �t W w Ci 0 IJ OJI x MUUO 0 z Q z .0 C) 0 N i,15 0 W Er CL ul CL CL C, z 0 2 .00 '09 9 . .89,C L -00 N s dv7d,00 09 HiHQN)7-'-- - E)IH ki.LGIM 31908VA) 6 d (AVM-30-1H 0/U 3VUB 3INN08 P Page 21 of 21 Contract of Sale rc City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -544, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Denton Municipal Electric CM/ ACM: Howard Martin, 349 -8232 Date: 21- JUL -15 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale between the City of Denton, Texas ( "City "), as Buyer, and Neblett Property ( "Owner ") 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 and more particularly described in Exhibit "1 ", for the purchase price of One Hundred Forty Five Thousand Dollars and no cents ($145,000.00), and other valuable consideration, as prescribed in the contract of sale ( "Agreement "); 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. Recommend approval of this offer to purchase this real property. 2. Do not recommend approval of the offer of this real property purchase and provide staff with further direction. 3. Table for future discussion RECOMMENDATION DME staff recommends acceptance of the offer to purchase this real property. 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 7/16/2015 File #: ID 15 -544, 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 offers for the abovementioned Property Interest on March 23, 2015. The City Council made a finding that a public use and necessity existed for this tract and authorized acquisition 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. Ordinance (contains contract & exhibits) Respectfully submitted: Phil Williams General Manager Prepared by: Smith Day Compliance Manager City of Denton Page 2 of 2 Printed on 7/16/2015 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONTRACT OF SALE BETWEEN THE CITY OF DENTON, TEXAS ( "CITY "), AS BUYER, AND JAMES MICHAEL NEBLETT ( "OWNER "), AS SELLER, TO ACQUIRE FEE TITLE TO A 0.164 ACRE TRACT SITUATED IN THE E. PUCHALSKI SURVEY, ABSTRACT NO. 996, CITY OF DENTON, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A ", AND LOCATED GENERALLY IN THE 2300 BLOCK OF W. OAK ST. ( "PROPERTY INTEREST ") FOR THE PURCHASE PRICE OF ONE HUNDRED AND FORTY FIVE THOUSAND DOLLARS AND NO CENTS ($145,000.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE CONTRACT OF SALE ( "AGREEMENT "); AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ( "City ") made a bona fide offer to James Michael Neblett ( "Owner ") to purchase the Property Interest; WHEREAS, the Owner has made a counteroffer to the offer of the City; WHEREAS, the City is amenable to the counteroffer, and finds that it is in the best interest to agree to same; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is authorized (a) to execute on behalf of the City (i) the Contract of Sale, between the City and Owner, in the form attached hereto and made a part hereof as Exhibit "A ", with a purchase price of $145,000.00 and other consideration, plus costs and expenses, all as prescribed in the Contract of Sale; and (ii) any other documents necessary for closing the transaction contemplated by the Contract of Sale; and (b) to make expenditures in accordance with the terms of the Contract of Sale. SECTION 2. 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 3. 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: 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 [7 day of 2015, effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date"), by and between JAMES MICHAEL NEBLE,r,r (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, mariner 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 Ycdioui or any deviation from vertical, nmto, n/olx, pit areas, acisooio activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or |u(ocol support for any surface facilities or well bores, or any other \ofrushuntoco 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 orproduction of same. As used herein, the term "minerals" shall include [ii gas and all associated hydrocarbons, and nbuD exclude (i) all aubmh\uoou (except oil, gas and all uuoociukx] that any reasonable cxbuo|ion` cuiuioO or other exploration and/or production method, operation, process or procedure would cu000nlc` deplete or destroy the surface of the Property; and (ii) all substances (except oil and gux\ which are at or near the surface of the Property. The intent of the parties hereto is that the ruouuiog of the {oom ^^zoiueru|u° on utilized herein, shall be in yccooduooC with that set forth in Reed v. Wylie, 597S.W.2d743(Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface uf the earth (o o depth of five hundred feet /500`\below the surface of the earth and all areas above the surflace of the earth. ARTICLE If PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the( sum of -00—US-1�1ars ($122,000.00) (the ^v^^"",e.`.c` �/ 'wm ��x�v�� + Alp i H co 2.02 Earnest MnocJ. Buyer ybuU deposit the murn of One Thousand and Nn/100 [)ollucm ($1`000.00), as BocucSt Money (herein a0 cu)kz) with Title Dzsou000x, l.LC, 525 South Loup 288` Suite 125, Denton, Tcxun. 76205, (Lho "Title Corupuuy"), as ooucow agent, within fourteen (14) calendar days of the Effective Date hereA All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner au the original Earnest Money deposit, as provided io this Contract. If the purchase contemplated hereunder iS C0DSUUlDIutrd in accordance with the terms and the provisions bcrto{ the Earnest Money, together with all interest earned thereon, shall be applied tn the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall bcdisposed of by the Title Company usprovided in this Contract. 2.03 Independent Contract Consideration. Within fourteen (14) calendar days after the Effective Date, Buyer shall deliver to the Title Company, payable to and for tile benefit of Seller, u check. in the amount of One Hundred and No/100 Dollars ($|00. m ) (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 t0, and independent of any other consideration or ymyn)eu1 provided in this Contract ofSale Page 2of2l Contract, is non - refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. ARTICLE III TITLE AND SU&VEY 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 aption 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 forgoing 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 Monqy, 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. 3.04.4. Additiowo 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 thaA 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 Section3.03 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 fb4 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 i 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 area" only (although be amended if required by Buyer to read "shortages in Schedule C of the Title Commitment may condition Contract of Sale Page 4 of 21 amendment on ft 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 sble 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 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 germinate this Contract by written notice to the Seller, as soon as reasonably practicable, brat 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 pprsuant 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 5.01 Representations land 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 Clos4 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 rusting 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 levie's 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 shaIF convey the Property free and clear of all debts, liens and encumbrances. (i) Seller has not. cgntracted 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 Seder'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 topic substances, waste or materials, chemicals, and any pollutant or contaminant, i 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 agreements conveyance or any other agreement of any kind with respect to, or affecting, the Property that will not be My 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 resultnn 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 ►,:. - 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 ftunished 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 Puyer'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 �o 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... ' iM 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 huidred and eighty (180) calendar days after the Effective Date, unless otherwise mutuall* agreed upon by Buyer and Seller. 7.02 Items to be Delivjered at the Closing. (a) O. At the Closing, Seller skull deliver or cause to be d6livered 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.Speci*l 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 requiremejnts 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 notknown 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 j including, but not limited to, subsequent assessments for prior years due to char: ge of land usage or ownership occurring prior to the date of Closing) and Bu* 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 hereip 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 jmanner 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) Seiler 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 documpents 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 i(s 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 *nd 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 stile 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; pr (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 land delivery, and (b) the date of the deposit of, in a regularly maintained receptacle foir the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: Telecopy Copies to: Telecopy: City of Denton Paul Williamson Real Estate and Capital Support 901 -A Texas Street Denton, Texas 76209 Telecopy: (940) 349 -8951 For B Scott W. Hickey, Attorney at Law Kelsey, Kelsey 8t Hickey, PLLC P.O. Box 918 Denton, Texas 76202 Telecopy: (940) 387 -9553 Contract of Sale Page 12 of 21 9.02 Governing Law sand 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 �eller on the final settlement of all condemnation proceedings or insurance claims related to damage or destruction of any improvement located on the Property, in *hich 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 Ardele VII, above, and there shall be assigned by Seller to Buyer at Closing all interests of Sellet in and to any and all insurance proceeds or condemnation awards which m&X 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 Assura". In addition to the acts and deeds recited in dais Contract and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller and Buyer agree to perfbjrm, 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 neuu000hl» uuo:asury to consummate the transactions contemplated hereby. Notwithstanding anything k) the contrary contained in this Contract and without limiting the gmoorn| application of the provisions of Section 5.03` above, the provisions uf this Article JX~ Section 9.06 uhu[\ survive Closing. ' 9.07 Time |so[ the Essence. ](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 iu and made o part ofdzieConbnot/o,oUpurpouou. 9.09 Delegation 0fAuthority. Authority k) take any actions that are hz be, or may be, taken by Buyer under this Contract, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant N action hv the City Council of Denton, Texas, toPhil Williams, Denton Municipal Electric, General Manager nfBuyer, or his designee. 9.10 Contract Execution. This Conti-act o[ Sale may hc executed io 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 mthe day of performance required or permitted under this Contract falls oou Saturday, Sunday o« Denton County holiday, then the Closing Date o« the date of such performance, as the oumo may be, sbu]| be the ocx\ following regular business day. 9.12 Relocation. Relocation advisory aon'iceu and relocation fiouuchd assistance, if applicable pucauuo{ to Ordinance No. 2012'073 (the ^^Kolooudoo Ordinance"), shall be administered as provided by the Relocation [)nUooucc` aside and opod from the transaction contemplated by this Contract. a CvTG, K Ual M (j \ 7 Excoutcd6»8c�eroothc �uyo� 2015. Contract of Sale Page 14 of 21 r , By: GEORGE C. CAMPBELL, CITY MANAGER Executed by Buyer on the day of .2015. ATTEST: JENNIFER W ALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: SCOTT W. HICKEY, KELSEY, KELSEY & DICKEY, 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 -012:1 By: Printed Name: Title: Contract receipt date: , 2015 Contract of Sale Page 16 of 21 a e 0 b lzp a aftd ars JO pv4uoa SOIO1E DRM STET oo {VARIABLE WWTH R*H%OF•WAYJ A&'4MLi PAYEAW#!T (Who 01 &x rt.00' n `� .." t:. ', :`11100°1!W- E 2 "'``sue: wAUC' F S 00'1358" W . 25200' § Z P IR IR ZI N N S 00'14'12" W 120.30' POLE XV ♦ N k d � P o Ior 19' SAM SEW. ESUT �'' VC L. 407, PG 684 u OMW 10ej "RF FLfIG •� (SOM 72.00'P"I) I � •,Z N R N > �a Al i� Dp " I v i LOT 5 o wHiTTEN ADDITION s CAB. J PG, 99 I � •,Z N R N > �a Al i� Dp " I v ATTACHMENT K1" 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 N01100 DOLLARS ($10.00), and other good and Yaluable 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 and appurtenances U)cretu in anywise belonging unto GRANTEE and GRANTEE'S oocouaxoco and assigns forever; and GRANTOR does hereby bind GRANTOR and GD&N7OD'8 heirs, devisees, successors and uoaigo to WARRANT AND FOREVER DEFEND all and singular the Property unto (}/NIE2 and GRANTEE'S ouooc000ru and assigns, against every person whomsoever lawfully claiming orro c)ui'n the same or any part thereof when the claim is by, through, or under GRANTOR but not otherwise. \7 B}<BCDTEDthm \/ Jnvnf J 2015 m4ay VIE ACKNOWLEDGMENT 8I/\TB OF TEXAS 8 This iox�un�cutvvua before o�c on ddx the _~�` _ -_-.-'_��-- PAUL RAYNER *Dwy PW*. State of Texas '! 9 J( Eq, Upon Filing KctuunTn: The City of Denton-Engineering Attn: Paul Williamson 90l-\ Texas Street Denton, TX 76289 My Commission Expires: S"-/z Contract of Sale Page 20 of 21 ~_� / ./ day of Seod7ux Billing Statements To: The City ofDenton Attn: Finance Department 215 East McKinney Street Denton, Texas 702O| City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -546, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: July 21, 2015 SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute a professional services agreement for the design of the Hickory Creek Basin Peak Flow Detention Facility; providing for the expenditure of funds therefor; and providing an effective date (File 5768 - awarded to Hazen and Sawyer, P.C. in an amount not -to- exceed $427,368). The Public Utilities Board recommends approval (5 -0). RFO INFORMATION The design of the Hickory Creek Basin Peak Flow Detention Facility project is part of the Wastewater Collection System Master Plan for managing the wet weather flows in the Hickory Creek Basin. The design scope of work for the project includes the following: • One (1) 3 -3.5 Million Gallon above ground covered pre- stressed concrete tank with pump in, gravity out configuration and One (1) manhole weir diversion structure. Storage basin flow monitoring (influent and effluent). • Site layout will designate the location for a second 3 -3.5 MG above ground tank to be constructed at a later date. • One (1) 24 MGD pump station with non -clog submersible pumps, pump retrieval system, piping, valves and appurtenances. • Nozzle based flushing system for storage basin cleaning using either rain water or a potable water source. • Ventilation and odor control for the storage tanks. • Site lighting. • Electrical utility service to the storage facility site, electrical and instrumentation design. • Fencing around storage basins and pump station with a manual gate. • Access road design from Country Club Road to the Detention Facility. Requests for Qualifications were sent to 85 prospective suppliers. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Seven (7) responses were received. The proposals were evaluated based upon the qualifications of the respondents. Hazen and Sawyer, P.C. received the highest scores of all of the respondents and was then City of Denton Page 1 of 3 Printed on 7/16/2015 File #: ID 15 -546, Version: 1 notified to submit a pricing proposal in accordance with the provisions of Texas Government Code 2254. The firm responded and City staff negotiated to obtain a "best valued" solution. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 22, 2015, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Approve a professional services agreement for the design of the Hickory Creek Basin Peak Flow Detention Facility with Hazen and Sawyer, P.C. in the not -to- exceed amount of $427,368. PRINCIPAL PLACE OF BUSINESS Hazen and Sawyer, P.C. Dallas, TX ESTIMATED SCHEDULE OF PROJECT Services to be performed will begin upon Council approval and will continue until the completion of the project as defined in the Professional Services Agreement. FISCAL INFORMATION The services to be performed under this contract will be funded from Wastewater Capital Project Fund account 640163545.1360.21100. Requisition number 124827 has been entered in the Purchasing software system. EXHIBITS Exhibit l: Evaluation and BAFO Sheet Exhibit 2: Public Utilities Board Draft Minutes Exhibit 3: Ordinance Exhibit 4: Contract Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: P.S. Arora at 349 -7189. City of Denton Page 2 of 3 Printed on 7/16/2015 File M ID 15 -546, Version: 1 City of Denton Page 3 of 3 Printed on 7/16/2015 h rvvm d by I cx:ls i''I A IE El El 0 e E 10, I I IEEII Ell a M, x m w 0 w 0 0 IE El 10 El El El 0 X w 0 m W Z.; IE El El El a x IE El El El mx IE El El El 10 bA E -a E 0 V 0 Jk m w -a E 0 m =W xw E 72 72 4 E 15 -0 -0 0 V so 2 Cd 'm x > ou w w E 0 u EXHIBIT 2 DRAFT MINUTES PUBLIC UTILITIES BOARD June 22, 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, June 22, 2015 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901 Texas Street, Denton, Texas. Present: Chairman Dick Smith, Vice Chair Billy Cheek, Phil Gallivan, Barbara Russell, and Lilia Bynum Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities Absent: Secretary Randy Robinson and Charles Jackson OPEN MEETING: CONSENT AGENDA: 1. Consider recommending approval of the Scope of Work and Cost Proposal from Hazen and Sawyer engineers for the final design of the Hickory Creek Basin Peak Flow Detention Facility in the amount of $427,368. Motion was made to approve item 1 by Board Member Gallivan with the second by Board Member Cheek. The vote was 5 -0 approved. Adjournment - 11:13 a.m. EXHIBIT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF THE HICKORY CREEK BASIN PEAK FLOW DETENTION FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5768— AWARDED TO HAZEN AND SAWYER, P.C. IN AN AMOUNT NOT -TO- EXCEED $427,368). WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional service contract with Hazen and Sawyer, P.C., to provide professional design services for the Hickory Creek Basin Peak Flow Detention Facility, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5768 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12015. CHRIS WATTS, MAYOR EXHIBIT 3 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY _ A BY: EXHIBIT 4 1 1 City of Denton Contract # 5768 Hickory Creek Peak Flow Detention Facility Design Services EXHIBIT 4 Contract #5768 PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into on July 21, 2015, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton Denton County, Texas 76201, hereinafter called "Owner" and Hazen and Sawyer, ., with its corporate office at 8350 North Central Expressway, Suite 775, Dallas, Texas 75206 hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, is generally identified as the design of the Hickory Creek Peak Flow Detention Facility (PFDF), and hereinafter called "Project ". The peak flow detention facility will manage peak flows from the 5 -year design storm event using 6 to 7- million gallons (MG) of storage along with a 24- million gallons per day (MGD) peak flow pump station to shave flows from the Hickory Creek Interceptor to the peak flow storage basins. The design effort includes the geotechnical investigations for foundation design, site plan for the proposed detention facility including the peak flow pump station and odor control system, SCADA system integration of the detention facility, drainage plan, conformance to City of Denton ESA requirements for installation of gravity sewer in the floodplain, conformance to Denton Development Code requirements as applicable, preparation of final plans and specifications for conducting the public procurement process for construction of the detention facility project, and construction management services as requested by the City. Owner employs Engineer, and Engineer agrees to perform the professional services identified in the Scope of Services attached hereto as Exhibit "A" and incorporated herein. A. Engineer shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should Owner require additional services not included under this Agreement, Engineer shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by Owner; and without decreasing the effectiveness of the performance of services required under this Agreement. B. To the extent reasonably necessary for Engineer to perform the services under this Agreement, Engineer shall be authorized to engage the services of any agents, assistants, persons, or corporations that Engineer may deem proper to aid or assist in the Page 1 C: \Users\2211725 \Desktop \RFQ 5768 Hickory Creek Basin Dentention Facility \Contract 5768.Hickory Creek Peak Flow Detention Facility Design.7.06.15.doc EXHIBIT 4 performance of the services under this Agreement with the prior written approval of Owner. The cost of such personnel and assistance shall be a reimbursable expense to Engineer only if authorized in writing in advance by Owner. In the absence of such authorization in writing, Engineer assumes all responsibility for the cost and performance of said personnel and assistance. C. Engineer shall furnish and pay for all labor, tools, materials, equipment, supplies, transportation and management necessary to perform all services set forth in the Scope of Services. AFTER AWARD OF CONSTRUCTION CONTRACT BY OWNER ENGINEER SHALL: 1. Meet with the Contractor and Owner's representatives in advance of project start to establish parameters for the prosecution of the project by each party. 2. Make periodic visits to the Project site and, when deemed appropriate by Engineer in the exercise of his professional judgment, to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the plans, specifications, and construction contract documents. Engineer will NOT: (a) be required to make exhaustive or continuous on -site reviews to check the quality or quantity of the work; (b) be responsible for having quality control testing done; (c) be responsible for the techniques and sequences of construction; (d) be responsible for the Contractor's failure to perform the construction work; or (e) be responsible for job site safety, Engineer will endeavor to guard Owner against defects and deficiencies in the work of the Contractors, and may disapprove work as failing to conform to the plans and specifications, and construction contract documents. 3. Check samples, catalog data, laboratory testing, shop drawings, mill tests of materials and equipment, and other data which the Contractor is required to submit, only for the conformance with the design concept of the Project and general compliance with the information given by the plans, specifications, and construction contract documents; and accept or reject all such submittal data furnished by the Contractor, materials used, and work performed by the Contractor as either substantially complying or not complying with the intent of the plans, specifications, and construction contract documents. 4. Consult and advise with Owner, act as Owner's representative at the Project site, issue all instructions of Owner to the construction contractors that do not conflict with good engineering practice, and prepare routine change orders as required. 5. Engineer will receive, review and recommend payment for all progress payments to contractors and vendors on the Project based on his on -site observations as an experienced and qualified design professional and on his review of the applications for payment, advise the Owner of any apparent discrepancies in the amount requested by the contractors or vendors. 6. Conduct, in company with Owner's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the plans, specifications, and construction contract documents, and recommend in writing final payment to the Contractor(s). Page 2 C: \Users\2211725 \Desktop \RFQ 5768 Hickory Creek Basin Dentention Facility \Contract 5768.Hickory Creek Peak Flow Detention Facility Design.7.06.15.doe EXHIBIT 4 7. Furnish Owner, a set of record prints of drawings and addendum drawings showing those changes made during the construction period, based upon the marked up prints, drawings, and other data furnished by the Contractor to Engineer and which Engineer considers to be significant. Additional Obligations provided by the OWNER Owner shall furnish, at Owner's expense, all information, reports, data, surveys and instructions available to Owner and required by Engineer to perform this Agreement, including but not necessarily limited to the following: A. All information concerning Owner's requirements for the Project; 1. Topographical and Boundary surveys 2. Texas Accessibility Standard Plan Review and Post - construction Inspection 3. Construction Observation and Materials Testing B. All reasonably available information pertinent to the site of the Project including all previous reports, construction documents, and any other data relative to design or construction of the Project; C. Owner's written decision, within a reasonable time, on matters presented to Owner by Engineer that require a decision from the Owner, so as not to delay work by the Engineer; D. Any previous geotechnical reports on the Project site. Engineer may use such information, requirements, reports, data, surveys and instructions in performing his services and is entitled to rely upon the accuracy and completeness thereof. E. Owner shall make all necessary provisions for Engineer to lawfully enter upon city property as required for Engineer to perform his work under this Agreement. Owner shall obtain all easements, right -of -way, and fee simple lands required for the construction of the Project and bear all costs incident thereto including surveying, abstracting, easement preparation and appraisals. F. If required, Owner shall provide advertisements to solicit bids or proposals on the Project, open the bids or proposals at the appointed time and place, and pay for all costs related to the bid /proposal process. G. Owner shall designate in writing, a person to act as Owner's representative with respect to the work to be performed under this Agreement. The designated person shall have authority to transmit instructions, receive information, and define Owner's position regarding materials, equipment and systems pertaining to the Project and work to be performed under this Agreement. H. If Owner becomes aware of any defect in the Project, then Owner shall promptly give the Engineer written notice of the defect. I. Owner shall pay all fees imposed by local, State, or Federal regulatory agencies to review and approve of completed plans and specifications requiring regulatory approval. Page 3 C: \Users\2211725 \Desktop \RFQ 5768 Hickory Creek Basin Dentention Facility\Contract 5768.Hickory Creek Peak Flow Detention Facility Design.7.06.15.doc EXHIBIT 4 SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 Progress payments for Basic Services shall be paid in the following percentages of the total compensation for the Basic Services satisfactorily completed at the end of the following Tasks of the Project: _. I #R ..rel>minat> Fn >nerin erviices sk 1A nvest>< Iron anal P Sul ask I i Confirmation � $ 8,918 ENGINEER will review information provided by the City related to the design of the Hickory Creek PFDF including, but not limited to: • Property Boundary Survey • Hickory Creek Interceptor Drawings • Special Use Permit • City of Denton InfoWorks Model Outputs for the Design Storm(s) • Existing utility information including power supply, voltage, capacity, etc. • Radio Communication Survey • Relevant City of Denton Design Criteria Manuals and Development Code Requirements ENGINEER will review existing information and confirm that the necessary background information is available to proceed with the design. The ENGINEER will use the existing City of Denton InfoWorks model outputs to confirm the design criteria with a more detailed design evaluation of varying storm events, storage sizes and pumping rates. Scope Item Assumptions: • Boundary survey electronic files, datum information, etc. • Record drawing files will be provided in .PDF or .JPEG format • City will provide InfoWorks model outputs required to define the basis of design. Engineer assumes no liability for City's InfoWorks model outputs. Meetings: • 1 hour in meeting with City InfoWorks modeler to obtain/ run necessary storm scenarios Deliverables: • Data request letter transmitted electronically in PDF format. Estimated completion time: Page 4 C: \Users\2211725 \Desktop \RFQ 5768 Hickory Creek Basin Dentention Facility \Contract 5768.Hickory Creek Peak Flow Detention Facility Design.7.06.15.doc EXHIBIT 4 Subtask 102: Geotechnical Investigation $23,897 ENGINEER will perform a site specific geotechnical investigation including coordination with the geotechnical investigation sub - consultant, review and analysis of the geotechnical investigation report, and summary of design requirements. Scope Item Assumptions: • A total of four (4) borings for one storage tank • A total of one (1) boing for the pump station facilities • A total of four (4) borings for the gravity wastewater pipeline alignments • A total of three (3) borings for the road paving; near the railroad for the asphalt road and two for the millings road to be constructed by the City. • Tree clearing required for geotechnical investigation will be minimized and only performed for drill equipment access. Clearing debris will be left on site for City to process /dispose. City will be notified prior to any clearing. • A written report will be provided summarizing the geotechnical findings with all the required information to the tank vendor for design of the proposed storage tank, including, but not limited to: o Foundation recommendations • Groundwater table conditions • Pipe trench bedding recommendations • Soil characteristics such as allowable bearing pressure, lateral earth pressure, subsurface soil profile, etc. • Seismic parameters All site activities will be coordinated with the City and in accordance with the City's agreements with adjacent property owners. Meetings: • None. Deliverables: • One electronic (.PDF format) and three (3) hard copies of the geotechnical investigation report. 17.vlh, ?ate completion. i'in°w.° 1t7g4 && J&,,,2 � $28,092 ENGINEER will perform preliminary design calculations to determine optimum pipeline sizes, pump station location and confirm operation philosophies for filling and draining the storage tanks. Alternative pipeline alignments will be evaluated to minimize environmental impacts cost effectively and identify any permit or mitigation requirements for an alignment alternative. Subtask activities will include: • Evaluating two alignment options for the gravity wastewater pipelines to and from the Hickory Creek Interceptor to the project site. • Performing hydraulic calculations required to optimize pipeline size, minimum slopes, capacity (16,700 gpm, 24 MGD), wet well size, etc. Page 5 C: \Users\2211725 \Desktop \RFQ 5768 Hickory Creek Basin Dentention Facility \Contract 5768.Hickory Creek Peak Flow Detention Facility Design. 7.06.15.doc EXHIBIT 4 • Developing a hydraulic profile for the selected alternative • Confirm operational philosophies with constant speed pumps and develop hydraulic calculations. VFD analysis is not included as part of this evaluation. • Evaluating tank draining operational philosophy and control method to align with Hickory Creek PS wet well level management • Investigating compliance requirements with the Endangered Species Act (ESA) requirements in the undeveloped floodplain and 200 -ft riparian barrier • Investigating of US Army Corps of Engineers (USACE) design and permit requirements • Develop an AACE Class 4 Preliminary Opinion of Probable Construction Cost for the evaluation of pipeline alignment alternatives and pump station sizing options evaluated. Assumptions: • City will provide control philosophy and operating data (flow, pump on /off frequency, level, etc.) of Hickory Creek LS in electronic form. • City will provide hydraulic profile of interceptor line connecting the proposed facilities and Hickory Creek LS. Meetings: • One 1 -hour evaluation review meeting to present alternatives evaluated and summarize the preliminary recommendations Deliverables: • A summary of the evaluation will be delivered as part of the Subtask 105 Basis of Design Technical Memorandum. Estimated completion time: Subtask 104: Tank Cleaning Evaluation $ 9,314 ENGINEER will perform preliminary design calculations for the tank cleaning system requirements and methods for pump station cleaning. Alternative tank flushing water sources will be evaluated including rain water harvesting and potable water. Assumptions: • A nozzle based system will be designed. Wave flush technologies will not be evaluated as part of this project • Flushing water source will be evaluated including rain water harvesting and potable water • City will provide potable water supply pressure and flow information for the tie -in line at the Bent Creek Estates or the existing pipeline at Fort Worth Drive • City will provide relevant design storm information and inches of rainfall to determine feasibility of rain water harvesting • Develop a AACE Class 4 Preliminary Opinion of Probable Construction Cost for the evaluation of alternatives Meetings: Page 6 C: \Users\2211725 \Desktop \RFQ 5768 Hickory Creek Basin Dentention Facility \Contract 5768.Hickory Creek Peak Flow Detention Facility Design.7.06.15.doc EXHIBIT 4 • A 1 -hour meeting; to present the findings of the evaluation and present a recommendation to the City. Deliverables: • A summary of the evaluation will be delivered as part of the Subtask 105 Basis of Design Technical Memorandum. Subtask 105: Basis of Design Technical Memorandum $73,314 ENGINEER will perform a preliminary design of the siting and location of access roads, tanks, pump station, yard piping layout and all related appurtenances. Analysis will determine impacts to surrounding environmental resources such as encroachments to floodplain and stream buffer boundaries, as well as determine overall project footprint and the necessary regulatory permits required for environmental and construction compliance. In addition, a summary of each evaluation performed in previous tasks will be included as part of the technical memorandum to document the design decisions. The memorandum will include basis of design summaries for each discipline based on the preliminary design activities. Subtask activities will include: • Performing a code review to determine permit, easement and regulatory requirements that impact the facility for impacted disciplines • Preparing discipline design basis summaries that are to include the following areas: • General — Hydraulic profile and process flow schematic • Civil — Site Work and Yard Piping ■ Investigation of site grading alternatives ■ Determination of total project footprint and impact for the performance of topographical survey ■ Compliance with TPDES General Permit for stormwater discharges during construction ■ Compliance with City of Denton Site Design and Drainage Design Criteria ■ Coordination with the Corp of Engineers on compliance requirements with the Endangered Species Act (ESA) requirements in the undeveloped floodplain and 200 -ft riparian barrier ■ Determination of the water line alignment from the nearby Bent Creek Estates or Fort Worth Drive to the project site ■ Coordination with the railroad easement owner or the City of Denton Parks Department (for Fort Worth Drive pipeline option) to determine permit requirements ■ Determine Texas Department of Transportation permit requirements for site access road (driveway permits, Right -of -Way) ■ A preliminary site plan showing preliminary location of above grade facilities, pipeline alignments and road way access, power easement, etc. ■ A preliminary site grading and drainage plan showing revised site contours ■ List of anticipated required project permits o Structural Page 7 CAUsers\22ll725 \Desktop \RFQ 5768 Hickory Creek Basin Dentention Facility\Contract 5768. Hickory Creek Peak Flow Detention Facility Design. 7.06.15.doc EXHIBIT 4 Foundation type and subgrade requirements for major facilities based on results of the geotechnical investigation ■ Basic scope assumes a reconstructed subgrade with a concrete slab on grade. The detailed foundation design will be done by the storage tank manufacturer ■ Determination of viable tank manufacturers o Mechanical • Basis of design for the design storm, storage volume, pumps, pump station wet well, pipelines, acceptable manufacturers and equipment preferences • Preliminary plan and section of major facilities o Electrical and Instrumentation • Site electrical requirements including incoming service, power distribution, backup power requirements, materials of construction, and identification of equipment manufacturers • Electrical facilities will be designed with a portable emergency generator connection, which would allow for a standby generator to be installed in the future • Preliminary control philosophy • City's power supply delivery plan and scope summary • Preliminary site lighting plan • Bottom half of the P &ID ■ Electrical one line diagram(s) Meetings: • One, 2 -hour meeting to review the draft technical memorandum and receive the City's review comments Deliverables: • One electronic (.PDF format) copy and five hard copies of the draft technical memorandum. • One electronic (.PDF format) copy and five hard copies of the final technical memorandum. l;'vinui edcorrplelioti Mix: Task 200: Detailed Design and Bid Phase Services Subtask 201: 50- Percent Design $120,551 ENGINEER will perform the necessary design calculations, agency coordination, development of plans, specification development, manufacturer coordination and cost estimation in accordance with applicable Federal, State and local regulations in addition to the City's design standards. The level of detail will conform to industry standards for a 50% level design detailed below. Subtask activities will include: • Preparing the 50% design drawings which will contain the following in general: ■ General Sheets Page 8 C: \Users\2211725 \Desktop \RFQ 5768 Hickory Creek Basin Dentention Facility \Contract 5768.Hickory Creek Peak Flow Detention Facility Design. 7.06.15.doc EXHIBIT 4 ■ Civil — existing plan (identifies horizontal and vertical control information, existing easements, flood plain, flood way, setbacks and buffers, existing facilities, roads, etc.), existing grading, proposed facility plan, proposed site grading plan, proposed site paving plan, proposed yard piping plan, gravity and force main plans and profiles, site erosion and sediment control plan, storm water control plan and standard details. ■ Mechanical — facility plans and primary sections (storage tanks, pump station, odor control system, rain water harvesting system, etc.), and initial standard details ■ Structural— general notes, facility plans and primary sections, and standard details ■ Electrical — general notes, single line diagrams, proposed site plan, lighting plan, power plan, electrical equipment elevations and standard details ■ Instrumentation — symbols and diagrams, piping and instrumentation diagrams, system block diagrams, and standard details • Prepare 50% technical specifications for all disciplines • Prepare AACE Class 1 Opinion of Probable Construction Costs based on 50% level design • Obtain standard front -end documents from the City and begin coordination with overall project • Conduct an internal milestone quality control review • Perform a 50% internal constructability review • Perform a 50% internal interdisciplinary coordination workshop • Review the 50% construction package with the client in a workshop format to obtain comments and feedback Meetings: • One, 2 -hour 50% design submittal review and City comment workshop Deliverables: • One electronic (.PDF format) copy and five hard copies of the 50% plans and specifications • One electronic (.PDF format) copy of the meeting minutes from the design review workshop, action item log and, client review comment log for the City's records Estimated completion time: Apr1i 0 Subtask 202: 90- Percent Desim $100,030 ENGINEER will perform necessary design calculations, agency coordination, specification development, manufacturer coordination and cost estimation in accordance with applicable Federal, State and local regulations in addition to the City's design standards. The level of detail will conform to industry standards for a 90% level design detailed below. Subtask activities will include Incorporating City's 50% comments. Preparing the 90% design drawings which comply with applicable Federal, State and local regulations and the City's Standards. All 50% drawings developed to a 90% design level. The content of the set in addition to 90% design includes: Page 9 C: \Users\2211725 \Desktop \RFQ 5768 Hickory Creek Basin Dentention Facility \Contract 5768.Hickory Creek Peak Flow Detention Facility Design. 7.06.15.doc EXHIBIT 4 • Civil— additional erosion control measures, staking data, landscaping and temporary irrigation plans (if necessary), contractor staging area, laydown areas, and other pertinent project specific details • Structural— facility sections, foundation schedules, special inspection requirements and project specific details • Mechanical — Develop additional mechanical design on 50% content to include, miscellaneous detail annotation, piping, valves, construction notes, sequence of work, elevations, etc. Additional plans and sections will be added as necessary to clarify design intent. • Electrical — duct bank schedules, grounding plans, riser diagrams, control one line diagrams, conduit and wire schedules and project specific details • Instrumentation — project specific details • Prepare 90% technical specifications for all disciplines including bidding and contract requirements and existing infrastructure tie in requirements. • Prepare AACE Class 1 Opinion of Probable Construction Costs based on 90% level design • Coordinate front -end documents from the City • Conduct an internal milestone quality control review • Perform a 90% internal interdisciplinary coordination workshop • Review the 90% construction package with the client in a workshop format to obtain comments and feedback Meetings: • One, 2 -hour 90% design submittal review workshop Deliverables: • One electronic (.PDF format) copy and five hard copies of the 90% plans and specifications • One electronic (.PDF format) copy of the meeting minutes from the design review workshop, action item log and, client review comment log for the City's records Estimated completion time: LU Subtask 203: 100 - Percent / Bid Set Design $28,063 ENGINEER will develop bid ready construction documents set including drawings, technical specifications and an AACE Class 1 Opinion of Probable Construction Cost estimate. Subtask activities will include: • Incorporating the City's 90% review comments. • Preparing the bid ready design drawings using the 90% documents • Prepare bid ready technical specifications for all disciplines including final bidding and contract requirements. • Prepare AACE Class 1 Opinion of Probable Construction Costs based on bid level design • Finalize front -end documents with the City Meetings: Page 10 C: \Users\2211725 \Desktop \RFQ 5768 Hickory Creek Basin Dentention Facility \Contract 5768.Hickory Creek Peak Flow Detention Facility Design.7.06.15.doc EXHIBIT 4 • None. Deliverables: • One electronic (.PDF format) copy of full size and half size drawings • One hard copy of half size drawings and technical specification. The hard copy set will be submitted unbound for easy reproduction by the City • One electronic (.PDF format) copy of the action item log, and client review comment log and for the City's records Ev1haate(,1 � c mlrlelion trine: Subtask 204: Bid Phase $ 22,676 The ENGINEER will provide bid phase services including attending the pre -bid meeting, answering contractor questions and inquiries through written addenda, reviewing the bid submissions and providing any additional recommendations required by the City. Assumptions: • The City will provide electronic and hard copy bid documents to all interested bidders • The City will receive all questions and inquiries from contractors in writing and provide them to the ENGINEER for response. • ENGINEER will keep record on questions and inquiries to be addressed from the pre -bid meeting • ENGINEER will prepare all addenda and provide electronic copies for the City to issue to bidders • ENGINEER will prepare the conformed documents after bid phase is completed. • ENGINEER will not provide hard copy bid set drawings or specification to bidders • ENGINEER will provide hard copy conformed set of half size and full size drawings and specifications to the City unbound for easy reproduction by the City Meetings: • One, 1 -hour pre -bid meeting. Deliverables: • One electronic copy (.PDF format) of each addenda required to address bidder inquiries and questions • One electronic copy (.PDF format) of meeting minutes from the pre -bid meeting for the City's records • Conformed Drawings - one electronic copy (.PDF format), one full size hard copy, one half size hard copy and one hard copy of specifications; all unbound for reproduction Estimated completion time: June 30 2016 Page 11 C: \Users\2211725 \Desktop \RFQ 5768 Hickory Creek Basin Dentention Facility \Contract 5768.Hickory Creek Peak Flow Detention Facility Design.7.06.15.doc EXHIBIT 4 Subtask 205: Design Phase Meetings $ 12,514 The ENGINEER will provide sixty -four (64) hours of design phase meeting services to the City of Denton, during the course of the design project. Estimated completion time: inj. 11 21116 Additional Task All: Foundation Design with Piles (not included in fee) Upon receipt and review of the site geotechnical investigation the ENGINEER will determine whether a pile foundation support system is required for the project. The pile foundation support system will also require the ENGINEER to provide a more detailed foundation system. Additional subtask activities include: • Design of foundation support piles • Details for the foundation system • Three (3) structural sheets for the pile plan and foundation section and details • Coordination meeting with the contractor during construction prior to pile construction • Pile and foundation submittal reviews • Response to requests for information by the contractor specific to the pile plan and foundation details • Site visit and inspection by the ENGINEER during the pile construction Meetings: • One, one (1) hour meeting with the contractor during construction to review pile construction • One, two (2) hour site visit for installation inspection Deliverables: • Three (3) additional structural sheets as part of the design package 2.2 ADDITIONAL SERVICES Engineer may furnish services in addition to the basic services listed in Exhibit A, if authorized in writing by Owner. Owner shall not be responsible for Engineering fees and costs for services in addition to the basic services listed in Exhibit A unless said additional services are pre- authorized in writing by Owner. Any requested Additional services shall be in accordance to the fee schedule detailed in Exhibit B, Engineer's Standard Hourly Rates. Additional Services may include the following: A. Material changes in the scope, size, complexity, or character of construction of the Project requested in writing by Owner. Material changes also include substantial changes to the project budget after the execution of design services has commenced, value engineering changes made necessary to bring the project cost within the budget allocated for the project; or enhancements desired by the owner; B. Revisions, elected by Owner after giving previous approval of studies, reports, design documents, drawings or specifications. No additional fees shall be owed Engineer by Owner if the revision(s): Page 12 C: \Users\2211725 \Desktop \RFQ 5768 Hickory Creek Basin Dentention Facility \Contract 5768.Hickory Creek Peak Flow Detention Facility Design.7.06.15.doe EXHIBIT 4 1) is required by regulating authorities or to bring the design into compliance with any applicable statute, code, or ordinance, if such requirement, statute, code or ordinance was in effect at the time of the performance of engineer's design services, or 2) is required as a result of Engineer's error or omission. C. Furnishing of additional copies (beyond the basic construction contract sets) of reports and additional prints of drawings, specifications, and construction contract documents. Furnishing of reproducible mylars, films, sepias or other hard copy of the construction documents. D. Investigations or reports involving details of operation, maintenance, and overhead expenses; or the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, and valuations; or detailed quantity surveys of material and labor; or material audits or inventories required for certification of construction work completed. E. Additional or extended services during the construction made necessary by (1) work damaged by fire, flood, wind, vandalism, acts of God, or other cause by construction, (2) prolongation of the construction contract time by more than 25 percent through suspension of the work by the owner through no fault of the engineer, (3) acceleration of work schedules involving services beyond normal working hours, (4) construction contract default due to delinquency or insolvency of the construction contractor. F. The preparation of instruction manuals or of operation and maintenance manuals beyond those furnished with fixtures and equipment incorporated into the Project as described in Exhibit "A ". G. Additional time and expense necessitated by out -of -town travel required of the Engineer other than visits to the Project site and consultation in Owner's office. H. Time and expense when serving as expert witness or consulting with Owner regarding actual or potential litigation concerning the Project. Provided however, Owner shall not be responsible for the cost of Engineer's time or expenses incurred by Engineer if a claim has been made against Engineer or Engineer is a party to the litigation. 1. Services of a Resident Project Representation (RPR) during the construction phase of the Project. If requested in writing by Owner, one or more full -time RPR will be furnished and directed by Engineer in order to provide more extensive representation at the Project site during the construction phase. This paragraph, however, shall not restrict Owner from employing other persons for the purpose of full or part time inspection of the Project. J. Preparation of boundary survey, plats, legal descriptions, or deeds; record search, abstracting of ownership or other related surveyor work. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of n/a times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $0 without the prior written approval of the Owner. Page 13 C: \Users\2211725 \Desktop \RFQ 5768 Hickory Creek Basin Dentention Facility \Contract 5768.Hickory Creek Peak Flow Detention Facility Design.7.06.15.doc EXHIBIT 4 SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. Exhibit A —The Design Professional's Scope of Services 3. Exhibit B — The Design Professional's Hourly Rate Sheet for Additional Services 4. Exhibit C — The Design Professional's Contract Documentation This Agreement is signed by the parties hereto effective as of the date first above written. ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY CITY OF DENTON IM GEORGE C. CAMPBELL CITY MANAGER 11AZF -.,,N D. A" YER P.C. BY . CHAMINDRA : Al A �" 1" PhD, PE Project Director — Vice President Page 14 C: \Users\2211725 \Desktop \RFQ 5768 Hickory Creek Basin Dentention Facility \Contract 5768.Hickory Creek Peak Flow Detention Facility Design.7.06.15.doc EXHIBIT 4 CITY 0xmowTmN GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES 1.1 The Architect wEngineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal")mwhich these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Profesoional")mDesign Professional's employees and consultants as enumerated in Articles z and s'{these General Conditions as modified »y the Agreement and Proposal (the ''oervicvs"). /.z The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level ofcare and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree vfCare'). The Services shall m, performed as expeditiously mi,consistent with the Degree ,x Care necessary for the orderly progress o(mvProject. Upon request vf the Owner, the Design Proressional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted m the Project proceeds, and shall include allowances for periods ,xtime required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved o/ the Owner shall not, except for reasonable cmoo,, be exceeded uy the Design Professional orOwner, and any adjustments m this schedule shall he mutually acceptable m both parties. ARTICLE 2 SCOPE orBASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described »r and required in Section z4. The Basic Services may oc modified hy the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design prohsoivox|, in um,o|tui^n with the Owner, ,xon dwm|vp o°rimon nmamm for the Project to mu,nmio Owner's uc*do and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms or the other, subject m the limitations set forth m Subsection 5.z./. 2.2.3 rh*oesisnpmfemio^u|sxm|re,imvwimmvoum^ralmmoimon,mmmesmdesisnu^amnstmuionvfthmpudom. 2�.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional u»al|prepmn.xx*»rmvuihymvownor, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume v, other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement m the completion orconstruction. zs DESIGN DEVELOPMENT PHASE 2-3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 2-3.2 The Design Professional ohnnmhise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described /o Section z2z. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments mthe scope or quality of the Project mmthe construction budget authorized hy the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth m detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding mprocurement information, bidding mprocurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. z�a The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates vr Construction nostindivatedhyuhanaes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval ofgovernmental authorities having jurisdiction over the Project. zs CONSTRUCTION CONTRACT PROCUREMENT z.5.x The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without Page 15 C:\Users\2211725\Desktop\Contract 5768.Hickory Creek Peak Flow Detention Facility Design 7.06.15.doc EXHIBIT 4 limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. 2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionals the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.63 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf ofthe Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis- sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional 's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor- rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval ofsafety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics Page 16 C:\Users\2211725\Desktop\Contract 5768.Hickory Creek Peak Flow Detention Facility Design 7.06.15.doc 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.52. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 33.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3-3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. Page 17 C:\Users\2211725\Desktop\Contract 5768.Hickory Creek Peak Flow Detention Facility Design. 7.06.15.doe EXHIBIT 4 a3a Providing services mevaluating an extensive number of claims submitted by the Contractor mothers in connection with the work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding vr construction prior m the completion or the Construction Documents pxasv. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal mr these General Conditions to the contrary, all services described inthis Article s that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part ofthe Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening vrumuoneo negligence of the Owner shall not limit the Design Professional's obligations under this Subsection l39. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility mother special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. n.*.4 Providing services relative m future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy v drawings m other information furnished hy the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. a».o Providing detailed quantity surveys or inventories of material, equipment and labor. 3^4.9 Providing analyses of operating and maintenance costs. 3.4.14 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation, 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration mr the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement m not customarily furnished in accordance with generally accepted mxhimmom| practice. 3.4.17 Preparing of reproducible record drawings in addition m those required hy Subsection z.6.\9, showing oignifivantchanges iv the work made during con- struction basedvnmarkeu-up,nnm.omwi^euuuomerumofurni,xouoym^contrmctormmuov,ie`pma*oivom. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as apart ofthe Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18. ARTICLE *OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (0 the Owner's objectives, (0 schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- fically described in Subsection 2.2. 1. 4z The Owner shall establish and update un overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related m all o these costs. 4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations underthis Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner m such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress vf the Design Professional's services. Page 18 C:\Users\2211725\Desktop\Contract 5768.Hickory Creek Peak Flow Detention Facility Design. 7.06.15.doc EXHIBIT 4 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and infon-nation concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re- sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. Page 19 C:\Users\2211725\Desktop\Contract 5768.Hickory Creek Peak Flow Detention Facility Design.7.06.15.doc EXHIBIT 4 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms m the Agreement through nv fault of the Design Professional. Owner may terminate the Agreement m any phase thereof with mwithout cause upon thirty (30) days prior written notice m the Design Professional. All work and labor being der the Agreement shall cease immediately opv Design Professional's receipt mromm notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior m the receipt or,uc»notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination ofthe Agreement and shall uc promptly delivered m the Owner ino reasonably i dfonn. Should Owner subsequently contract with o new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 n the Project /o suspended hr the Owner for more than so consecutive days, the Design Professional shall bo compensated for services satisfactorily performed prior m notice or such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption oC the Design Professional's services. 73 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. /c the Project i, abandoned ty the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement yy giving written oohou. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily ummpetedmuccumunu*wimthxx:reomumt shall hvconsidered substantial non- performance and cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily pcuonxod. the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed phmm termination. ARTICLE PAYMENTS Tm THE DESIGN PROFESSIONAL Page 20 C:\Users\2211725\Desktop\Contract 5768.Hickory Creek Peak Flow Detention Facility Design.7.06.15.doc EXHIBIT 4 8.6 mmSIsm PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available mOwner or Owner's authorized representative records ^r Reimbursable Expenses and expenses pertaining to Additional Services and services performed vn the basis ofu multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date mr the final Certificate orPayment, m until any litigation re|mc w the Project i, final, whichever date i^ The Design Professional shall indemnify and save and hold harmless the Owner and its officers, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, mmeholdemagenu.mmnnmyeesium^perfmmanceor`he Agreement. uo Nothing herein shall he construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense orgovernmental immunity, which defenses are hereby expressly reserved. ARTICLE mINSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized muobusiness iu the State of Texas hy the State Insurance Commission ^r any successor agency that has u rating with Best Rate Carriers vfm least unA-vrabove: m./ Comprehensive General Liability Insurance with bodily injury limits vf not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits or not less than $|no'OQo for each occurrence ununvt|c,*mm.$zso.00Oiuthoagereeate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits vr not less than %/oo.000 for each accident. M.s Worker's Compensation Insurance io accordance with statutory requirements, and amr}were` Liability Insurance with |im/mvynm|uoothon$/oo.000forv/mx accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. /0.5 The Design Professional shall furnish insurance certificates or insurance policies m the Owner evidencing insurance in compliance with this Article mm the time of the execution ,f the Agreement. The General Liability and Automobile Liability insurance name the Owner mmn additional insured, the Workers' Compensation policy shall contain u waiver of subrogation in favor mr the Owner, and each policy shall contain v provision that such insurance shall not ho canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date ofthe change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article |O. oa The Agreement shall be governed hythe laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. o.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives m the other party mthis Agreement and m the partners, successors, assigns and legal representatives vr such other party with respect m all covenants of this Agreement. The Design Professional shall not assign its interests |nthe Agreement without the written consent or the Owner. 11.3 Thvmnn Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section mrthe Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or omvnmemx, either written or oral. The Agreement may be amended only by written instrument oi:pvd by hmx 0xme, and omimo rmho^/onxL When interpreting the Agreement the executed xgreomx^t, pmpoxo|, mv,e General c^ndNvo, and the other attachments referenced in 9omioo s of the Agreement ,xux to the extent that is reasonably possible hv read ooasm harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably »mmnoized. such documents shall bo given priority io the following order: 1. The executed Agreement 2. Attachments referenced in Section 3mrthe Agreement other than the Proposal ]. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create o contractual relationship with mocause of action in favor ofothird party against either the Owner mDesign 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right minclude representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential v, proprietary information if the Owner has previously advised the Design i in writing mr the information considered by the ovnerm,e confi- dential vrpmpxetury. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor bu deemed urelease-of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and oo»mnxo|unm for the accuracy and competency vy their designs or other work; nor shall such approval hv deemed mueuo assumption vf,uvx responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. Page 21 C:\Users\2211725\Desktop\Contract 5768.Hickory Creek Peak Flow Detention Facility Design. 7.06.15.dor, 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement Page 22 C:\Users\2211725\Desktop\Contract 5768.Hickory Creek Peak Flow Detention Facility Design. 7.06.15.doc EXHIBIT 4 I p R 1 EXHIBIT 4 June 8, 2015 P.S. Arora Assistant Director of Wastewater Utilities City of Denton 901 -A Texas Street Denton, TX 76209 HAZEN AND SAWYER Environmental Engineers & Scientists 8350 North Central Expressway Suite 775 Dallas, TX 75206 (214) 382 -5750 hazenandsawyer.com RE: Attachment A: Scope of Work - Design of Hickory Creek Peak Flow Detention Facility (RFQ 5768) Background and Project Overview The City of Denton (City) selected Hazen and Sawyer to design the Hickory Creek Peak Flow Detention Facility (PFDF). The peak flow detention facility will manage peak flows from the 5- year design storm event using 6 to 7- million gallons (MG) of storage along with a 24- million gallons per day (MGD) peak flow pump station to shave flows from the Hickory Creek Interceptor to the peak flow storage basins. The design effort includes the geotechnical investigations for foundation design, site plan for the proposed detention facility including the peak flow pump station and odor control system, SCADA system integration of the detention facility, drainage plan, conformance to City of Denton ESA requirements for installation of gravity sewer in the floodplain, conformance to Denton Development Code requirements as applicable, preparation of final plans and specifications for conducting the public procurement process for construction of the detention facility project, and construction management services as requested by the City. Hazen will include the following features with the conveyance system and storage basin designs: • Two new gravity sewer pipelines sized in accordance with design, local, state and federal design requirements • One (1) manhole weir diversion structure (without screening) • One (1) new permanent vehicle access road at the project site including a concrete paved access point, asphalt road along the railroad to the new property line, and concrete paving with a vehicle turn around inside the fenced project site. Construction of the road from the asphalt section to the site shall be the responsibility of the City of Denton. The ENGINEER will provide survey, grading maps and civil design (storm water culverts and general grading) for direction. • One (1) 3 -3.5 MG above ground covered pre- stressed concrete tank with pump in, gravity out configuration. Site layout will designate the location for a second 3 -3.5 MG above ground tank to be designed and constructed at a later date. • One (1) 24 MGD pump station with non -clog submersible pumps, pump retrieval system, piping, valves and appurtenances. • Nozzle based flushing system for storage basin cleaning using either rain water or a potable water source. • Site lighting. • Ventilation and odor control for the storage tanks. • Storage basin flow monitoring (influent and effluent). • Electrical utility service to the storage facility site. Page 1 of 11 EXHIBIT 4 City of Denton MZENAND SAWYER Design of Hickory Creek Peak Flow Detention Facility Environmental Enpineers 8 Sclentlsts • Electrical equipment will be rated for outdoor use in place of housing it an electrical building. • Fencing around storage basins and pump station with a manual gate. Project Scope Task 100: Investigation and Preliminary Engineering Services Subtask 101w Review t i IO o rm atig qarrd Do i n Basis Confirmation ENGINEER will review information provided by the City related to the design of the Hickory Creek PFDF including, but not limited to: • Property Boundary Survey • Hickory Creek Interceptor Drawings • Special Use Permit • City of Denton InfoWorks Model Outputs for the Design Storm(s) • Existing utility information including power supply, voltage, capacity, etc. • Radio Communication Survey • Relevant City of Denton Design Criteria Manuals and Development Code Requirements ENGINEER will review existing information and confirm that the necessary background information is available to proceed with the design. The ENGINEER will use the existing City of Denton InfoWorks model outputs to confirm the design criteria with a more detailed design evaluation of varying storm events, storage sizes and pumping rates. • Boundary survey electronic files, datum information, etc. • Record drawing files will be provided in .PDF or .JPEG format • City will provide InfoWorks model outputs required to define the basis of design. Engineer assumes no liability for City's InfoWorks model outputs. t1 • 1 hour in meeting with City InfoWorks modeler to obtain/ run necessary storm scenarios Data request letter transmitted electronically in PDF format. Subtask 102: Geotechnical Investigation ENGINEER will perform a site specific geotechnical investigation including coordination with the geotechnical investigation sub - consultant, review and analysis of the geotechnical investigation report, and summary of design requirements. Scope of Work — June 8, 2015 Page 2 of 11 EXHIBIT 4 City of Denton Design of Hickory Creek Peak Flow Detention Facility Environmental Engineers 8 scientists Scope Item Assumptions: • A total of four (4) borings for one storage tank • A total of one (1) boing for the pump station facilities • A total of four (4) borings for the gravity wastewater pipeline alignments • A total of three (3) borings for the road paving; near the railroad for the asphalt road and two for the millings road to be constructed by the City. • Tree clearing required for geotechnical investigation will be minimized and only performed for drill equipment access. Clearing debris will be left on site for City to process /dispose. City will be notified prior to any clearing. • A written report will be provided summarizing the geotechnical findings with all the required information to the tank vendor for design of the proposed storage tank, including, but not limited to: • Foundation recommendations • Groundwater table conditions • Pipe trench bedding recommendations • Soil characteristics such as allowable bearing pressure, lateral earth pressure, subsurface soil profile, etc. • Seismic parameters • All site activities will be coordinated with the City and in accordance with the City's agreements with adjacent property owners. • None. MMM • One electronic (.PDF format) and three (3) hard copies of the geotechnical investigation report. Subtask 103: Hydraulic Evaluation ENGINEER will perform preliminary design calculations to determine optimum pipeline sizes, pump station location and confirm operation philosophies for filling and draining the storage tanks. Alternative pipeline alignments will be evaluated to minimize environmental impacts cost effectively and identify any permit or mitigation requirements for an alignment alternative. Subtask activities will include: • Evaluating two alignment options for the gravity wastewater pipelines to and from the Hickory Creek Interceptor to the project site. • Performing hydraulic calculations required to optimize pipeline size, minimum slopes, capacity (16,700 gpm, 24 MGD), wet well size, etc. • Developing a hydraulic profile for the selected alternative • Confirm operational philosophies with constant speed pumps and develop hydraulic calculations. VFD analysis is not included as part of this evaluation. • Evaluating tank draining operational philosophy and control method to align with Hickory Creek PS wet well level management Scope of Work — June 8, 2015 Page 3 of 11 EXHIBIT 4 City of Denton IN AND SAWYER Design of Hickory Creek Peak Flow Detention Facility Frav YV�Gsn�i���f��arAq� • Investigating compliance requirements with the Endangered Species Act (ESA) requirements in the undeveloped floodplain and 200 -ft riparian barrier • Investigating of US Army Corps of Engineers (USACE) design and permit requirements • Develop an AACE Class 4 Preliminary Opinion of Probable Construction Cost for the evaluation of pipeline alignment alternatives and pump station sizing options evaluated. • City will provide control philosophy and operating data (flow, pump on /off frequency, level, etc.) of Hickory Creek LS in electronic form. • City will provide hydraulic profile of interceptor line connecting the proposed facilities and Hickory Creek LS. Emm • One 1 -hour evaluation review meeting to present alternatives evaluated and summarize the preliminary recommendations mom • A summary of the evaluation will be delivered as part of the Subtask 105 Basis of Design Technical Memorandum. Subtask 104: Tank Cleaning Evaluation ENGINEER will perform preliminary design calculations for the tank cleaning system requirements and methods for pump station cleaning. Alternative tank flushing water sources will be evaluated including rain water harvesting and potable water. • A nozzle based system will be designed. Wave flush technologies will not be evaluated as part of this project • Flushing water source will be evaluated including rain water harvesting and potable water • City will provide potable water supply pressure and flow information for the tie -in line at the Bent Creek Estates or the existing pipeline at Fort Worth Drive • City will provide relevant design storm information and inches of rainfall to determine feasibility of rain water harvesting • Develop a AACE Class 4 Preliminary Opinion of Probable Construction Cost for the evaluation of alternatives • A 1 -hour meeting; to present the findings of the evaluation and present a recommendation to the City. Scope of Work — June 8, 2015 Page 4 of 11 EXHIBIT 4 City of Denton Design of Hickory Creek Peak Flow Detention Facility Envlronmenlel Engineers 8 Scientists I • A summary of the evaluation will be delivered as part of the Subtask 105 Basis of Design Technical Memorandum. Subtask 105: Basis of Design Technical Memorandum ENGINEER will perform a preliminary design of the siting and location of access roads, tanks, pump station, yard piping layout and all related appurtenances. Analysis will determine impacts to surrounding environmental resources such as encroachments to floodplain and stream buffer boundaries, as well as determine overall project footprint and the necessary regulatory permits required for environmental and construction compliance. In addition, a summary of each evaluation performed in previous tasks will be included as part of the technical memorandum to document the design decisions. The memorandum will include basis of design summaries for each discipline based on the preliminary design activities. f Performing a code review to determine permit, easement and regulatory requirements that impact the facility for impacted disciplines Preparing discipline design basis summaries that are to include the following areas: • General — Hydraulic profile and process flow schematic • Civil — Site Work and Yard Piping • Investigation of site grading alternatives • Determination of total project footprint and impact for the performance of topographical survey ■ Compliance with TPDES General Permit for stormwater discharges during construction ■ Compliance with City of Denton Site Design and Drainage Design Criteria ■ Coordination with the Corp of Engineers on compliance requirements with the Endangered Species Act (ESA) requirements in the undeveloped floodplain and 200 -ft riparian barrier ■ Determination of the water line alignment from the nearby Bent Creek Estates or Fort Worth Drive to the project site ■ Coordination with the railroad easement owner or the City of Denton Parks Department (for Fort Worth Drive pipeline option) to determine permit requirements ■ Determine Texas Department of Transportation permit requirements for site access road (driveway permits, Right -of -Way) • A preliminary site plan showing preliminary location of above grade facilities, pipeline alignments and road way access, power easement, etc. • A preliminary site grading and drainage plan showing revised site contours ■ List of anticipated required project permits o Structural ■ Foundation type and subgrade requirements for major facilities based on results of the geotechnical investigation Scope of Work — June 8, 2015 Page 5 of 11 EXHIBIT 4 City of Denton Design of Hickory Creek Peak Flow Detention Facility t nvlrar�m anial Enpinaara S Salantlata • Basic scope assumes a reconstructed subgrade with a concrete slab on grade. The detailed foundation design will be done by the storage tank manufacturer • Determination of viable tank manufacturers • Mechanical • Basis of design for the design storm, storage volume, pumps, pump station wet well, pipelines, acceptable manufacturers and equipment preferences • Preliminary plan and section of major facilities • Electrical and Instrumentation • Site electrical requirements including incoming service, power distribution, backup power requirements, materials of construction, and identification of equipment manufacturers • Electrical facilities will be designed with a portable emergency generator connection, which would allow for a standby generator to be installed in the future • Preliminary control philosophy • City's power supply delivery plan and scope summary • Preliminary site lighting plan • Bottom half of the P &ID • Electrical one line diagram(s) • One, 2 -hour meeting to review the draft technical memorandum and receive the City's review comments Deliverables: • One electronic (.PDF format) copy and five hard copies of the draft technical memorandum. • One electronic (.PDF format) copy and five hard. copies of the final technical memorandum. Task 200: Detailed Design and Bid Phase Services Subtask 201: 50- Percent Design ENGINEER will perform the necessary design calculations, agency coordination, development of plans, specification development, manufacturer coordination and cost estimation in accordance with applicable Federal, State and local regulations in addition to the City's design standards. The level of detail will conform to industry standards for a 50% level design detailed below. Subtask activities will include: Preparing the 50% design drawings which will contain the following in general: • General Sheets • Civil — existing plan (identifies horizontal and vertical control information, existing easements, flood plain, flood way, setbacks and buffers, existing facilities, roads, etc.), existing grading, proposed facility plan, proposed site grading plan, proposed Scope of Work — June 8, 2015 Page 6 of 11 EXHIBIT 4 City of Denton Design of Hickory Creek Peak Flow Detention Facility Environmental Engineers 8 Scientists site paving plan, proposed yard piping plan, gravity and force main plans and profiles, site erosion and sediment control plan, storm water control plan and standard details. ■ Mechanical — facility plans and primary sections (storage tanks, pump station, odor control system, rain water harvesting system, etc.), and initial standard details ■ Structural— general notes, facility plans and primary sections, and standard details ■ Electrical — general notes, single line diagrams, proposed site plan, lighting plan, power plan, electrical equipment elevations and standard details ■ Instrumentation — symbols and diagrams, piping and instrumentation diagrams, system block diagrams, and standard details • Prepare 50% technical specifications for all disciplines • Prepare AACE Class 1 Opinion of Probable Construction Costs based on 50% level design • Obtain standard front -end documents from the City and begin coordination with overall project • Conduct an internal milestone quality control review Perform a 50% internal constructability review Perform a 50% internal interdisciplinary coordination workshop Review the 50% construction package with the client in a workshop format to obtain comments and feedback • One, 2 -hour 50% design submittal review and City comment workshop • One electronic (.PDF format) copy and five hard copies of the 50% plans and specifications • One electronic (.PDF format) copy of the meeting minutes from the design review workshop, action item log and, client review comment log for the City's records Subtask 202: 90- Percent Design ENGINEER will perform necessary design calculations, agency coordination, specification development, manufacturer coordination and cost estimation in accordance with applicable Federal, State and local regulations in addition to the City's design standards. The level of detail will conform to industry standards for a 90% level design detailed below. • Incorporating City's 50% comments. • Preparing the 90% design drawings which comply with applicable Federal, State and local regulations and the City's Standards. All 50% drawings developed to a 90% design level. The content of the set in addition to 90% design includes: Scope of Work — June 8, 2015 Page 7 of 11 EXHIBIT 4 City of Denton IUZENMD SAW M, Design of Hickory Creek Peak Flow Detention Facility Environmental Enolneeri 6 Scientists • Civil— additional erosion control measures, staking data, landscaping and temporary irrigation plans (if necessary), contractor staging area, laydown areas, and other pertinent project specific details • Structural— facility sections, foundation schedules, special inspection requirements and project specific details • Mechanical — Develop additional mechanical design on 50% content to include, miscellaneous detail annotation, piping, valves, construction notes, sequence of work, elevations, etc. Additional plans and sections will be added as necessary to clarify design intent. • Electrical — duct bank schedules, grounding plans, riser diagrams, control one line diagrams, conduit and wire schedules and project specific details • Instrumentation — project specific details • Prepare 90% technical specifications for all disciplines including bidding and contract requirements and existing infrastructure tie in requirements. • Prepare AACE Class 1 Opinion of Probable Construction Costs based on 90% level design • Coordinate front -end documents from the City • Conduct an internal milestone quality control review • Perform a 90% internal interdisciplinary coordination workshop • Review the 90% construction package with the client in a workshop format to obtain comments and feedback • One, 2 -hour 90% design submittal review workshop • One electronic (.PDF format) copy and five hard copies of the 90% plans and specifications • One electronic (.PDF format) copy of the meeting minutes from the design review workshop, action item log and, client review comment log for the City's records Subtask 203: 100 - Percent / Bid Set ENGINEER will develop bid ready construction documents set including drawings, technical specifications and an AACE Class 1 Opinion of Probable Construction Cost estimate. • Incorporating the City's 90% review comments. • Preparing the bid ready design drawings using the 90% documents • Prepare bid ready technical specifications for all disciplines including final bidding and contract requirements. Scope of Work — June 8, 2015 Page 8 of 11 EXHIBIT 4 City of Denton ffiZM AND SAWM Design of Hickory Creek Peak Flow Detention Facility Environmental Engineers B Scientists • Prepare AACE Class 1 Opinion of Probable Construction Costs based on bid level design . Finalize front -end documents with the City • None. • One electronic (.PDF format) copy of full size and half size drawings • One hard copy of half size drawings and technical specification. The hard copy set will be submitted unbound for easy reproduction by the City • One electronic (.PDF format) copy of the action item log, and client review comment log and for the City's records Subtask 204: Bid Phase The ENGINEER will provide bid phase services including attending the pre -bid meeting, answering contractor questions and inquiries through written addenda, reviewing the bid submissions and providing any additional recommendations required by the City. • The City will provide electronic and hard copy bid documents to all interested bidders • The City will receive all questions and inquiries from contractors in writing and provide them to the ENGINEER for response. • ENGINEER will keep record on questions and inquiries to be addressed from the pre -bid meeting • ENGINEER will prepare all addenda and provide electronic copies for the City to issue to bidders • ENGINEER will prepare the conformed documents after bid phase is completed. • ENGINEER will not provide hard copy bid set drawings or specification to bidders • ENGINEER will provide hard copy conformed set of half size and full size drawings and specifications to the City unbound for easy reproduction by the City • One, 1 -hour pre -bid meeting.. One electronic copy (.PDF format) of each addenda required to address bidder inquiries and questions One electronic copy (.PDF format) of meeting minutes from the pre -bid meeting for the City's records Conformed Drawings - one electronic copy (.PDF format), one full size hard copy, one half size hard copy and one hard copy of specifications; all unbound for reproduction Scope of Work — June 8, 2015 Page 9 of 11 EXHIBIT 4 City of Denton Design of Hickory Creek Peak Flow Detention Facility Environmental EnQlnsere 9 Sclentlsts Task 200 Exemptions: In an effort to clearly define efforts that are not included in this scope or fee, Hazen has identified the following exemptions: • Changes to the design directives defined in the by the City of Denton which include: • Property location; • Size of the storage facility or pump station; and • Flows diverted from Hickory Creek Interceptor • Additional time that would be encountered due to stoppages /delays in the design process of over 9 months. • Hydraulic modeling of the flows contributing to the Hickory Creek Interceptor SSOs. • Flow monitoring in the existing sewer system or creek. • Mechanical ventilation (other than foul air exhaust) for the storage basin and pump station wet well. • Permanent standby generator at the Hickory Creek Site. (design will allow flexibility for a future permanent standby generator to be installed) • Screening or grinders at the storage facility or pump station. • Site buildings for electrical, operations, maintenance, etc. • Restroom facilities including sanitary waste and ventilation design and domestic water service and water heating for the site. • Clean up of contaminated materials • Advanced restoration features. • Pedestrian or vehicular bridges or railroad crossing. • Alternative energy design including geothermal, solar panels, hydroelectric power, wind, etc. • Detailed site utilization studies (architectural building placement). • Arc Flash Analysis (to be provided by contractor at construction completion based on electrical system installed, specification provided to contractor for direction). • SCADA/PLC programming. • Front -end documents other than bid proposal, bid form, special provisions, and technical specifications. • Energy certification /commissioning- LEED, USGBC, Energy Star, Etc. • Building energy modeling reports. • Utility cost modeling. • NTCOG and iSWM storm water requirements. • Access paving between the railroad and the storage tank site. Additional Task Al: Foundation Design with Piles (not included in fee) Upon receipt and review of the site geotechnical investigation the ENGINEER will determine whether a pile foundation support system is required for the project. The pile foundation support system will also require the ENGINEER to provide a more detailed foundation system. Additional subtask activities include: Design of foundation support piles • Details for the foundation system • Three (3) structural sheets for the pile plan and foundation section and details Scope of Work — June 8, 2015 Page 10 of 11 EXHIBIT 4 City of Denton HAM MD SOM Design of Hickory Creek Peak Flow Detention Facility Environmental Engineers & Scientists • Coordination meeting with the contractor during construction prior to pile construction • Pile and foundation submittal reviews • Response to requests for information by the contractor specific to the pile plan and foundation details • Site visit and inspection by the ENGINEER during the pile construction • One, one (1) hour meeting with the contractor during construction to review pile construction • One, two (2) hour site visit for installation inspection Imm Three (3) additional structural sheets as part of the design package Schedule The proposed project schedule is based on cumulative time for each task based on ENGINEER receipt of the Notice to Proceed. Project timeline assumes a one week review period for all deliverables and information / field verification requests to the City in house resources are returned within two weeks of request. Key project elements and associated timeline include the following: Task/Milestone ..._ ��._ ..............._.. Calendarm ................�..._ ..... Days from NTP: Kickoff Meefingmmmmmmmm 14 ..___.. esign Basis Tech Memo Draft D_..... 9 0 Desi n Basis Tech Memo. Final _ .......... 105 ._ .......... 50% Design SSubmissionmmmmm 165 m ww w_ _ww 90% Design Submission 228 ......................._ 100% /Bid Set Submission 273 9 months Bid Award .. ............. 329 C ...� �� nstruction A min ....._ �wwwwww�....4._.�� ....... 875 27 months ,(. �...www...www Scope of Work — June 8, 2015 Page 11 of 11 EXHIBIT 4 10 D 1 i LW ' 1 1 Hourly Rates fo EXHIBIT 4 ATTACHMENT B LABOR CATEGORY RATES CITY OF DENTON HICKORY CREEK PEAK FLOW DETENTION FACILITY DESIGN SERVICES Labor Category Rate Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit for this project. Labor Category 2016 -2016 Rate _mmm__ �.......... ($ /hour).... VP — Vice President 285 SA — Senior Associate 210 A —Associate 180 SPE — Senior Pro' ect Engineer J g � -m60 1mmmmmm PE _— Pro'ect Engineer 130 ........ ......� ..E — Engineer �.m._-------- 110 D — Designer / CADD ... 90 Admin — Administrative Assistant 70 EXHIBIT 4 Attachment C Contract # 576Y, O .. EXHIBIT 4 City of Denton Purchasing 901 -B Texas St. Denton, TX 76209 Phone: (940) 349 -7100 Fax: (940) 349 -7302 www.dentoni)urchasing.com Substitute W -9 Form The IRS requires all vendors to complete a W -9 Form. The information on this form must be filled out, signed and submitted by a vendor representative. All information must be completed before a purchase order or payment will be issued. Name as shown on your income tax return: Hazen and Sawyer 13- 2904852 Tax ID /Social Security #: Under penalties of pedury, I certify that: 1. The number shown on this form is my correct taxtaxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because (a) I am exempt from backup witholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of Failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a US citizen or other U.S. person -for fededral tax purposes as defined at the bottom of this page *. �� yw Authorized Signature........ ',ma I �... -�.,a Printed Name:�._._�_._� _ _ ......��� - ......_ Mailing Address: Company Name: Hazen and Sawyer, P.0 Contact Name: Brandt Miller Address: 8350 North Central Expressway Suite 775 Check aoorooriate box for federal tax classification (required): ❑ ❑ Corporation � ❑ Part Individual/ Sole Proprietor Must designate C or S ❑ C Exempt Email: bmiller@hazenandsawyer.com Webslte: Phone Number: 214 - 382 -5750 Fax Number: Limited Other Liability specify: Corporation p �'' Real Estate Equipment Business Type: Rental /Lease Royalties (A -2) ❑ (Al) ( ) ❑ RentellLease (A -8) ❑ MedlcaVHeallh Care Services Only (A- Merchandise- Merchandise & ❑ 7) Goods Only A -7 m Services (A-7) ❑ Legal FirmlAttomey (A -C) Consultant/Prof Proceeds from Fees (A -7) Real Estate Purchases (S) Type of Organization: q.. -) Minority Owned El Female Owned ❑ Non Profit El Historically Underutilized . Business *Definition of a U.S. Person -For Federal Tax purposes, you are considered a U.S. person if you are: (a) an individual who is a U.S. citizen or U.S. resident (b) a partnership, corporation, company, or association created or organized in the United States or under the laws of the United States (c) an estate (other than a foreign estate), or (d) a domestic trust (as defined in Regulations Section 301.7701 -7). COD Page 1 9/2312011 EXHIBIT 4 BqmU.....ddmttIf' dft%nLftam Lkqvtl Company Narne� I �azan and Sa I . .... ..... .. . Contact Name� Yin Chun Addrass. 498 Seventh Ave tip Moor Eimali: ychiu hazen n a Phone Number 212-539-7090 Fax Nurnbec List Prod ucts andlar Services Werested in Biddil1q; I ----------- 11 I,,, ,r Intemal Use Only 0 New Vendor El Vendor Change Vendoir Nurnber El Refund Requesfing Department Department RelpresentoUve ( Purchasft S�gnature: A9dhfammj12n-V2Wn ABA Contact Name: B k Name: CO I EmWi ACH EmM Phone NumberL: Fax Number: MM � (we) authosize the Cky of Dentan to deposit payrnents Into the checMing account Hato d. The authority renWns M affect until the My of Denton Inns recolved wdftan notification froirn vine of fermi naUon in Mme to aflow ireesonaWe opportunity to act on It, or unbl the Mly of Denton has sent me carp nn nufte of termlinaflon of the agrearnent, Vendor SIgnatme MM COD Page 2 W2312011 EXHIBIT 4 CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vcndor.or other pmittess with local ovr rrtmental t nttR) This q est onna relreflect changes made to the law by H.B. 1491, 80t . h Leg., Regular Session. This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person who has a business relationship as defined by Section 176,001(1 -a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. � Name of person who has a� business relationship � ,. � , �.,.,,.. ®....,_ .. ...,, ., �, .�,.. ...�, p onship with local governmental entity. z� El Check this box if you are filing an update to a previously file) questionnaire, (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7'h business day after the daatc the oriainally filed uuestaonnaire b&otms hicom plelo or inaccurate.) Na me of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must he completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176,001(1 -a), Local Government Code, Attach additional pages to this Form CIQ as necessary, A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? m Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from (lie local governmental entity? EJ Yes - - -,1 No C. is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? . .. 1' Yes 1,...,� No D. Describe each affiliation or business relationship, N— I have no Conflict of Interest to disclose. Signature, of person deatng hrasrtaarws wills t c,t overnnlenlal entity Dale City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN File #: ID 15 -550, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: July 21, 2015 SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of a pre -cast security fence for the City of Denton Kings Row Substation; providing for the expenditure of funds therefor; and providing an effective date (RFP 5818- awarded to The Turner Company in the not -to- exceed amount of amount of $340,770.85). The Public Utilities Board recommends approval (6 -0). RFP INFORMATION The Kings Row Substation is an approved Capital Improvement Plan project that will supply electric power to the northeastern areas of the Denton Municipal Electric service territory. This new substation will replace the existing Kings Row substation. Its construction is necessary to support growth and reliability. Construction of a precast concrete fence will provide the required perimeter security for the substation. The fence will be constructed using the Turner precast concrete panel system. Requests for Proposals were sent to 485 prospective suppliers. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Three (3) proposals meeting specification were received. The proposals were evaluated based upon published criteria including price, project schedule, compliance with specifications, and indicators of probable performance. A Best and Final Offer was conducted which resulted in a savings of $4650.77. The Turner Company was ranked the highest and determined to be the best value for the City of Denton. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 13, 2015, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award to the Turner Company in the not -to- exceed amount of $340,770.85. PRINCIPAL PLACE OF BUSINESS The Turner Company City of Denton Page 1 of 2 Printed on 7/16/2015 File #: ID 15 -550, Version: 1 Rhome, TX ESTIMATED SCHEDULE OF PROJECT This construction of the fence is estimated to be completed within 74 calendar days of Notice to Proceed. FISCAL INFORMATION The fence project will be funded from the Electric Capital Project Fund account 4603054500.1350.3550. Requisition# 124843 has been entered in the Purchasing software system. EXHIBITS Exhibit l: Evaluation/Ranking Sheet Exhibit 2: Public Utilities Board Draft Minutes Exhibit 3: 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 7/16/2015 12-1 - 1-1 - 1-1-1-1-1 \ \ \��� \ \\ � \��` \ \ u \ \ \ \ \ \ \ �\ \ N C� C� � \� \ � IN Im, \ \ � z 2a 6 } : \ § \; 12-1 - 1-1 - 1-1-1-1-1 \ \ \��� \ \\ � \��` \ \ u 12-1 - 1-1 - 1-1-1-1-1 \ \ \��� \ \\ EXHIBIT 2 DRAFT MINUTES PUBLIC UTILITIES BOARD June 22, 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, July 13, 2015 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901 Texas Street, Denton, Texas. Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Barbara Russell and Charles Jackson Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities Absent: Lilia Bynum OPEN MEETING: CONSENT AGENDA: 8. Consider recommending approval of a contract with LBW Turner LLP, a limited liability partnership, Rhome, Texas, doing business as The Turner Company, for constructing a precast concrete security /screening fence for the Kings Row Substation in an amount not to exceed $340,770.85. (RFP 45818). Russell asked regarding item #8, is it possible to adopt a certain type of fencing or wall for the various uses, sometimes that does save money. Phil Williams answered when possible they use the same vendor. On the Cooper Creek Substation a type of vendor with concrete walls looked to be more economic than the walls that were built on Bonnie Brae which was block by block. There was a contract given to this vendor for other sites. This same vendor could not be used on this one because there is a retaining wall as well as security wall. An RFP was put out and a different vendor came in less expensive. Motion was made to approve item 8 by Board Member Russell with the second by Board Member Jackson. The vote was 6 -0 approved. Adjournment - 11:13 a.m. EXHIBIT 3 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A PRE -CAST SECURITY FENCE FOR THE CITY OF DENTON KINGS ROW SUBSTATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5818- AWARDED TO THE TURNER COMPANY IN THE NOT -TO- EXCEED AMOUNT OF $340,770.85). 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 5818 The Turner Company $340,770.85 SECTION 2. The acceptance and approval of the above competitive proposals shall not constitute a contract between the City and the person submitting the proposal for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Proposers including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the proposals accepted and approved herein, provided that such contracts are made in accordance with the Notice to Proposers and Request for Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. EXHIBIT 3 SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 5818 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 DENT' IN File #: ID 15 -551, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: July 21, 2015 SUBJECT Consider adoption of an ordinance approving a contract for the supply of decorative paint to color mulch chips for the City of Denton Beneficial Reuse Division which is only available from a single 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 5844- awarded awarded to TH Glennon Company, Inc. in the annual estimated amount of $25,000 for a three (3) year not -to- exceed amount of $75,000). The Public Utilities Board recommends approval (7 -0). FILE INFORMATION The City of Denton Beneficial Reuse Division currently sells four (4) decorative mulches which are Red, Black, Brown and Cedar colors. The paint for the mulch is purchased from TH Glennon Company, Inc. To ensure that a consistent color is obtained, the paint for the mulch has been purchased from TH Glennon Company, Inc. (TH Glennon) for the past thirteen (13) years. The paint has proven to be a high quality paint that adheres well to the wood material. The City also utilizes a Mulch Color Jet Machine that was purchased from TH Glennon and is warranted for the use of their paint. A detailed history of this process is included in the Public Utilities Board Agenda Information Sheet (Exhibit 1). The paint colorants sold by TH Glennon Company, Inc. are a proprietary blend of organic material that is manufactured solely by TH Glennon (Exhibit 2). Staff is recommending the continued purchase of the decorative paint from TH Glennon to insure consistency of color and continue the warranty on the Mulch Color Jet Machine. A business justification for sole source procurement is attached as (Exhibit 3). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 8, 2015, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award a three (3) year contract to TH Glennon Company, Inc. in the not -to- exceed amount of $75,000. PRINCIPAL PLACE OF BUSINESS City of Denton Page 1 of 2 Printed on 7/16/2015 File #: ID 15 -551, Version: 1 TH Glennon Company, Inc. Salisbury, MA ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION Funding for the paint is budgeted in the Wastewater Fund Beneficial Reuse operating account 640400.6334. Purchase orders are issued on an as needed basis, EXHIBITS Exhibit l: Public Utilities Board Agenda Information Sheet Without Exhibits Exhibit 2: Letter from TH Glennon Exhibit 3: Staff Memo Exhibit 4: Public Utilities Board Draft Minutes Exhibit 5: Ordinance Exhibit 6: Contract Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: P.S. Arora at 349 -7189. City of Denton Page 2 of 2 Printed on 7/16/2015 EXHIBIT 1 PUBLIC UTILITIES BOARD AGENDA ITEM #3 AGENDA INFORMATION SHEET AGENDA DATE: June 8, 2015 DEPARTMENT: Utility Administration ACM: Howard Martin, 349 -8232 SUBJECT Consider recommending approval for the expenditure of funds for the purchase of decorative paint to color mulch for the City of Denton Composting Operation and to provide an effective date awarded to TH Glennon in the annual estimated amount of $25,000 for an estimated three year amount of $75,000. BACKGROUND In 1991 the Water Reclamation Division began the composting program. This program involved the utilization of two troublesome waste streams, yard waste and wastewater biosolids, to produce a marketable product. The first few years of the project were focused on the development of a product that would be appealing to our local market. The Beneficial Reuse division created the product Dyno Dirt and began distribution of the product to other city departments as well as to the general public. We also made a much product referred to as Dyno Chips which consisted of a combination of clean hard wood and soft wood construction lumber (no painted or treated lumber is accepted). We kept the yard waste and the wood waste separated to utilize two different products Dyno Dirt and Dyno Chips. In 1997 we began selling these products to the public. After a few years and listening to what our customers wanted we started getting requests for a more uniformed size material so we began double grinding the wood mulch to make a more uniformed size and a more appealing product to sell to our customers. We changed the name of the material from Dyno Chips to Dyno Double Grind. In FY 2001 -2002 we began looking at ways to make decorative mulch using the Dyno Double Grind material. Periodically, we rented a coloring machine over a two -year period to produce a brick red and cedar color material. We investigated purchasing a coloring machine, which at that time would have cost around $100,000 and upwards. In the summer of 2003, the Beneficial Reuse Department found a company (TH Glennon) that sold a Much Color Jet machine for $6,000 and realized we could use the screener that we already had and shrink wrap the drum and use the much color jet machine to paint the wood waste material. In August 2003, we purchased the Much Color Jet and our first two colors of paint which were Red and Cedar colors. We currently sell four decorative mulches which are Red, Black, Brown and Cedar colors which we purchase from TH Glennon and to get a consistent color that our customers are accustomed to we would like to continue to purchase our paint through TH Glennon. The paint has proven to be a high quality paint that adheres well to the wood material. AIS — PUB Agenda Item 43 EXHIBIT 1 June 8, 2015 Page 2 of 2 In addition, TH Glennon will warranty the Mulch Color Jet machine by providing any worn parts or replacing any parts that malfunction as long as we have the machine. (See Exhibit 11) Over the past three and a half years we have spent approximately $59,000 on paint averaging about $17,000 annually. We have sold over $315,000 dollars worth of decorative mulch during this time period. RECOMMENDATION Staff recommends approval for up to $75,000 for three years. PRIOR ACTION /REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION The paint purchased from TH Glennon will be funded from departmental revenue. EXHIBITS 1. Justification for Single Source Purchase 2. TH Glennon Pricing Proposal & warranty information Respectfully submitted: •5-7 P.S. Arora Assistant Director of Wastewater Utilities Written by: Gayla Wright Beneficial Reuse Manager City of Denton - Beneficial Reuse Attn: Gayla Wright 1100 Mayhill Road Denton, TX 76208 May 29, 2015 Dear Gayla; EXHIBIT 2 MULCH COLORANTS, ADHESIVES & COATINGS On April 10", 2015, we sent you a price list of the colorants that you purchase from us. The colorants are a proprietary blend of inorganic material and are manufactured solely by T.H. Glennon. Please see the below answers to the questions that you send me: 1. Approximately how many pounds in a drum? Black - 500lbs Cocoa - 600lbs Dark Red -7401b Cypress - 600lbs 2. What is the approximate delivery time -frame per order? Orders go out within 2 days and transit times can vary- usually around 4 -5 days 3. Confirm that prices include delivery/ freight costs. Pricing does include freight Regards, Brian R. Shea President 25 Fanaras Drive • Salisbury, MA 01952 - 978.465.7222 • fax 978.465.3228 • WWW.MulchColorJet.com EXHIBIT 3 psi;, Beneficial Reuse / 1100 S. Mayhill Rd / Denton, TX 76208 Phone 940 - 349 -8290 • Fax 940 - 349 -8707 Date: May 28, 2015 TO: Public Utilities Board Members FROM: Gayla Wright Beneficial Reuse Manager SUBJECT: Business Justification for Single Source Purchase of TH Glennon Paint The Beneficial Reuse Division produces four (4) decorative mulches which include red, brown, black and cedar colors. Since the City has moved to coloring the mulch, many different types of coloring (paint) have been tested. Each different type of coloring varies, resulting in unacceptable differences to the customers. In the past, when using other vendors we received customer complaints regarding the different shades of the paint. So in order to keep customer satisfaction and a consistent color of paint we would like to continue to purchase paint from TH Glennon. The product from TH Glennon Company has consistently produced desirable results from the coloring process that are satisfactory to the customers. In order to remain competitive in the mulch market, it is highly important to obtain, and retain both commercial and residential customers, and meeting their demands for consistent coloring of the product is vital for doing so. In accordance with Texas Local Government Code 252.022 and the City of Denton Procurement Policies, I am recommending this material to be procured without competition, through a sole - source agreement with TH Glennon, as the overall best value for the City of Denton. "Dedicated to Quality Service" www.cityofdenton.com EXHIBIT 4 DRAFT MINUTES PUBLIC UTILITIES BOARD June 8, 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, June 8, 2015 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901Texas Street, Denton, Texas. Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Barbara Russell, Lilia Bynum and Charles Jackson Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities OPEN MEETING: CONSENT AGENDA: 3. Consider recommending approval for the expenditure of funds for the purchase of decorative paint to color mulch for the City of Denton Composting Operation and to provide an effective date awarded to TH Glennon in the annual estimated amount of $25,000 for an estimated three year amount of $75,000. Motion was made to approve item 3 by Board Member Russell with the second by Board Member Jackson. The vote was 7 -0 approved. Adjournment: 11:42 a.m. ORDINANCE NO. AN ORDINANCE APPROVING A CONTRACT FOR THE SUPPLY OF DECORATIVE PAINT TO COLOR MULCH CHIPS FOR THE CITY OF DENTON BENEFICIAL REUSE DIVISION WHICH IS ONLY AVAILABLE FROM A SINGLE 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 5844 - AWARDED AWARDED TO TH GLENNON COMPANY, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $25,000 FOR A THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $75,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NT TNARFR VFNTY1R A NAM TNT 5844 TH Glennon Company, Inc. $75,000 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5844 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I: CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND T.H. GLENNON COMPANY, INC. (FILE 5844) THIS CONTRACT is made and entered into this date , by and between T.H. GLENNON COMPANY, INC. a corporation, whose address is 25 FANARAS DRIVE, SALISBURY, MA 01952, hereinafter referred to as "Supplier," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall provide products in accordance with the Supplier's proposal in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "D". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A "); (b) City of Denton Standard Terms and Conditions (Exhibit "B "); (c) Supplier's Proposal. (Exhibit "C "); (d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "D ") These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." FILE 5844 Page 1 of 24 &TqWfff %V 211 i � 1! � , 1 0 8, - � '"� 1111111111 11111111111111111 LT40mm ATTEST: JENNIFER WALTERS, CITY SECRETARI Lot", 0 FA'j L 1-w T.H. GLENNON COMP INC. BY: AUTHORIZED SIGNATURE Uri Name: Title: *�\ PHONE NUMBER lej I aws] a 11 ploy vsjgffij� [a VIC Rej MKOKSIA Lvj I u; a 9 1 rd 0 F-1 I 109 Ell FILE 5 844 Page 2 of 24 Exhibit A Special Terms and Conditions uantities The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. Product Changes During Contract Term The supplier shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the product must be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to dentonpurchasing Lcityofdenton.com, with the above file number in the subject line, for review. Products found to have changed specifications without notification, and acceptance, will be returned at the supplier's expense. Products that have been installed will be replaced at the supplier's expense. Authorized Distributor The supplier shall be the manufacturer or authorized distributor of the proposed products. The distributor shall be authorized to sell to the City of Denton, and make available the manufacturer's representative as needed by the City. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one -year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. Price Escalation and De- escalation The City will implement an escalation/de- escalation price adjustment annually. The escalation/de- escalation will be based upon manufacturer published pricing sheets to the vendor. The price will be increased or decreased based upon the annually percentage change in the manufacturer's price list. The price adjustment will be determined annually from the award date. Should the change exceed or decrease a minimum threshold value of + / -1 %, then the stated eligible prices shall be adjusted in accordance with the published price change. It is the supplier or the Cities responsibility to request a price adjustment annually in writing. If no request is made, then it will be assumed that the original price will be in effect. The supplier must submit or make available the manufacturers pricing sheet used to calculate the proposal, to participate in the escalation /de- escalation clause. Total Contract Amount The contract total for services shall not exceed $75,000. Pricing shall be per Exhibit C attached. Delivery Lead Time Products or services will be delivered within 14 days after the receipt of order from the City. FILE 5844 Page 3 of 24 Exhihit R City of Denton Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's contract are applicable to contracts /purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the seller's proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City's premises or on public rights -of -way. 1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE /TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. FILE 5844 Page 4 of 24 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non - conforming deliverables. If the City has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or the deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non - complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor's obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City's facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property. i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on FILE 5844 Page 5 of 24 the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( "IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor's invoice. C. Invoices for labor shall include a copy of all time - sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work -hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. FILE 5844 Page 6 of 24 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of- i. delivery of defective or non - conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all FILE 5844 Page 7 of 24 reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by the contractor in traveling to and from City facilities whall not be reimbursed, unless otherwise negotiated. 15. FINAL PAYMENT AND CLOSE -OUT: A. If a DBE /MBE /WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close -Out MBE /WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books ", "records ", "documents" and "other evidence ", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE /MBE /WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not FILE 5844 Page 8 of 24 initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY - PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the FILE 5844 Page 9 of 24 City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non - conforming deliverables, or replace the non - conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non - conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under FILE 5844 Page 10 of 24 this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON - CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non - conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non - conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3) years FILE 5844 Page 11 of 24 and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and /or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non - conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. FILE 5844 Page 12 of 24 B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage's and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street FILE 5844 Page 13 of 24 Denton, Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self - insured retentions, if any, stated in policies. All deductibles or self - insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse affect on the Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof, and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or FILE 5844 Page 14 of 24 Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co- counsel on the City's behalf. Further, Contractor agrees that the City's specifications regarding the deliverables shall in no way diminish Contractor's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City's and /or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know -how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information "). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and /or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and /or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The FILE 5844 Page 15 of 24 Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made - for -hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made -for- hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made - for -hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work - made - for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and /or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. FILE 5844 Page 16 of 24 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision - making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer /employee relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45. ASSIGNMENT - DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to FILE 5844 Page 17 of 24 the Contract. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre - printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision - making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator's fees equally and the FILE 5844 Page 18 of 24 parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: New Year's Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON - SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub - awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, FILE 5844 Page 19 of 24 State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non - Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT - SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty -free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means - (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. FILE 5844 Page 20 of 24 D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate ". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis -Bacon Wage Determination at http: / /www.dol.gov /whd/contracts /dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD- 2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on -site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing with issuance of Form W -2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers' Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100 -690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug -free work environment; and the final rule, government -wide requirements for drug -free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government- owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and FILE 5844 Page 21 of 24 suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non - performance or delay in performance. 65. NON - WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. City's standard terms and conditions 3. Purchase order 4. Supplier terms and conditions FILE 5844 Page 22 of 24 Exhibit C Pricing Proposal TH.G lennon City of Denton-Beneficial Reuse Att.n-1 Gayla Wright I 100'Mayhill Road Denton, TX 76208 MULCH[ OOLORAWS ADHEVVES & COATNGS Please see your pricing for the next three (3) years below, If an increase takes place, within those three (3) years it will be at Cost of Living Adjustment, In addition, we will warranty the Mulch Color Jet by providing any worn parts or replacing any parts that malfunction. We thank you very much for your business and wish you all the best for the upcoming mulch season Re araI Brian R, Shea President C'MVP . 'pAl FILE 5844 Page 23 of 24 1-2 Drums ""$,-0"-,,,9- 3 Muni 6 Drums 9 Drmns, 15 Drums 4-71-b' Red Fob Plant $0.94/lbs $0.89/11)s W84/lbs $0.79/lbs 4289 Cocoa W84/lb �/lb M 6 9/1b s 1 270 (;y - e "94/-Ib . ........ - ------ ------ $0.84/lbs $0.79/lbs 62 Black Max Fob Plant W94/lbs $0.89/lbs $0.84/lbs $0.79/lbs In addition, we will warranty the Mulch Color Jet by providing any worn parts or replacing any parts that malfunction. We thank you very much for your business and wish you all the best for the upcoming mulch season Re araI Brian R, Shea President C'MVP . 'pAl FILE 5844 Page 23 of 24 Exhibit D CONFLICT OF INTEREST QUESTIONNAIRE - FORM CI For vendor or other person doing business with local governmental entity _.. ........... This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person who has a business relationship as defined by Section 176.001(1 -a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. — ................. . ...._.......................... m..,, -e, -,.,---------- – ----- ,.,------------ --- .......................................... _ ............ ....... ------ ......................... - - -- —. Name of person who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7t" business day after the date the on inally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. . . ..... ............... . ....... Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? El Yes No B. is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? L Yes I V No C. is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes F—I No D. Describe each affiliation or business relationship. I have no Conflict of Intern `t to disclose. —.� ,.... ___------------- 3 _ � .. �/ Signature of person doing business with the governmental entity irate FILE 5844 Page 24 of 24 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -552, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: July 21, 2015 SUBJECT Consider adoption of an ordinance approving a contract for the purchase of four (4) utility truck bodies for the City of Denton Wastewater Collections, Electric Operations, Water Distribution, and Traffic Control departments which are available from a single 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 5871- awarded to General Body Manufacturing Company in the not -to- exceed amount of $109,171). The Public Utilities Board recommends approval (6 -0). FILE INFORMATION This item is for the purchase of four (4) Knapheide utility bodies for the City of Denton Wastewater Collections, Water Distribution, Electric Operations, and Traffic Control departments. Three (3) of these bodies are replacements for current units, and one (1) is an addition. The addition will be used as part of a new Wastewater Collections Construction Division crew that was approved by Council on January 6, 2015. The funding for the equipment was approved on April 7, 2015. The City Council approved the purchase of these utility bodies in the Fiscal Year 2014 -2015 Budget. The replaced chassis and bodies will be auctioned once the replacements arrive. The truck chassis will be delivered directly to the body manufacturer to have the body mounted. This item is being purchased as a single source. Pricing was requested from four (4) different body vendors and only one response was received (Exhibit 1). Therefore, Fleet Services is recommending the purchase of the Knapheide bodies from General Body Manufacturing Company per the attached memorandum (Exhibit 2). The City of Denton has utilized Knapheide service bodies exclusively over the past six (6) years in the up- fitting of medium duty utility trucks. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 13, 2015, the Public Utilities Board (PUB) recommended approval to forward this item to the City Council for consideration. The Traffic Control body did not require PUB approval; therefore the PUB approval amount is only for $86,716. RECOMMENDATION City of Denton Page 1 of 2 Printed on 7/16/2015 File #: ID 15 -552, Version: 1 Award the purchase of construction equipment to General Body Manufacturing Company in the amount of $109,171.00. PRINCIPAL PLACE OF BUSINESS General Body Manufacturing Company Houston, TX ESTIMATED SCHEDULE OF PROJECT The purchase and delivery the chassis and bodies will occur within 180 days of purchase order issuance. FISCAL INFORMATION This item will be funded from the Wastewater, Water, Electric and Traffic Control Fund accounts listed below: Fleet ID#EO1579 603587605.1355.3920 - $34,439 Fleet ID4TC1554 810229408.1355.30100 - $22,455 Fleet ID4WD1566 635065635.1355.30100 - $38,082 Fleet ID4WC15131 645045545.1355.30100 - $14,195 Requisition 4124795 has been entered in the Purchasing software system. FYHIRITC Exhibit l: Utility Body Quotes Exhibit 2: Single Source Memo Exhibit 3: Public Utilities Board Draft Minutes Exhibit 4: Ordinance Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Terry Kader at 349 -8729. City of Denton Page 2 of 2 Printed on 7/16/2015 GENERAL BODY MANUFACTURING CO. _ Metroplex 1801 Timberlake Dr. Arlington, TX 76010 817.695.6602 / FAX 817.695.6610 To GRAPEVINE DODGE 2601 WILLIAM D. TATE AVENUE GRAPEVINE TEXAS 76061 United States E01579 EXHIBIT I Our Quotation # 030105 -00 06/30/2016 Terms : Cash On Delivery Attention : DENNIS THOMAS We are pleased to quote your requirements as shown below. Our company has a reputation for delivering quality products on time and we look forward to the opportunity of serving you. Prices do not include any Federal, State, or Local taxes unless otherwise indicated. Item Facility / Part / Rev / Description / Details Quantity Quoted Unit Price Extended Price 001 Default KNAP 6132 CRANE Rev NS U/M EA 1.0000 34,439.0000 US$ 34,439.0 KNAPHEIDE 6132D54 WITH CRK IN RR CORNER TREAD PLATE OVERLAY HITCH AND 7 WAY 20" WORK BUMPER WITH OUTRIGGER TUBE BULKHEAD WITH 2 LED WORKLIGHTS ON TOP GO LIGHT ON RIGHT CORNER OF BULKHEAD 6 DRAWER MECHANICS CHEST IN DRIVERS SIDE FRONT COMPARTMENT 2EA LED WORK LIGHTS ON CORNERS OF BED LED LIGHTS INCLUDING BACK UP 3500 WATT INVERTER WITH GFI PLUG ON RIGHT CORNER OF BED INSTALLED IN CURBSIDE FRONT COMPARTMENT STELLAR 4420,4000# ELECTRIC CRANE BOOM REST INTERIOR COMPARTMENT LIGHTS LIGHTS WITH IN CAB SWITCH FOR LEFT AND RIGHT SID INTERIOR HOOKS ON RR AND LR COMPARTMENTS QUOTATION Page # 1 Authorized Signature GENERAL BODY MANUFACTURING CO. _ Metroplex 1801 Timberlake Dr. Arlington, TX 76010 817.695.6602 / FAX 817.695.6610 To GRAPEVINE DODGE 2601 WILLIAM D. TATE AVENUE GRAPEVINE TEXAS 76061 United States Attention : DENNIS THOMAS EXHIBIT I Our Quotation # 030105 -00 06/30/2016 QUOTATION Page # 2 Authorized Signature Item Facility / Part / Rev / Description / Details Quantity Quoted Unit Price Extended Price WHELEN 600 SERIES LIGHTS ON REAR SURFACE MOUNT FRONT STROBES 2EA FIRE EXT MOUNTED ON FRONT CORNERS OF BED INTERIOR LADDER RACK HOOKS ON DRIVERS SIDE FOR LADDER VISE MOUNT ON RR CORNER OF BUMPER WATER COOLER RACK ON DRIVERS SIDE FRONT TOP OF COMPARTMENT SPRAY LINE INTERIOR, BUMPER TOP AND COMPARTMENT TOPS MANUAL OUT MANUAL DOWN OUTRIGGER REAR SPRINGS ON BOTH SIDES 3500WATT INVERTER WITH GFI PLUG AT REAR ES1361 Thanks again for your interest in our company as one of your suppliers. Prices do not include any Federal, State, or Local taxes unless otherwise indicated. QUOTATION Page # 2 Authorized Signature GENERAL BODY MANUFACTURING CO. _ Metroplex 1801 Timberlake Dr. Arlington, TX 76010 817.695.6602 / FAX 817.695.6610 To GRAPEVINE DODGE 2601 WILLIAM D. TATE AVENUE GRAPEVINE TEXAS 76051 United States TC1554 EXHIBIT I Our Quotation # 030108 -00 06/30/2015 Quotation Valid Thru : 07/30/2015 Terms: NET 10 DAYS Attention : DENNIS THOMAS We are pleased to quote your requirements as shown below. Our company has a reputation for delivering quality products on time and we look forward to the opportunity of serving you. Prices do not include any Federal, State, or Local taxes unless otherwise indicated. Item Facility / Part / Rev / Description / Details Quantity Quoted Unit Price Extended Price 001 Default TC1554 CITY OF DENTON Rev NS U/M EA 1.0000 22,455.0000 US$ 22,455.0 FURNISH AND INSTALL KNAPHEIDE 6132D545OJ1 PLUS 50 BODY TREADPLATE OVERLAY ON COMPARTMENT TOPS REAR 24" WORK PLATFORM BUMPER WITH THRU SHELF, STEPS AND GRAB HANDLES BULKHEAD LED LIGHTS INCLUDING BACK UP 2EA 3 "X3" HALOGEN WORKLIGHTS ON BULKHEAD 2EA GO LIGHTS WITH WIRELESS REMOTE INSTALLED ON EACH REAR CORNER OF BED 600 SERIES WHELEN LIGHTS ON REAR OF BODY AMBER FLUSH MOUNT ON FRONT GRILL 4EA 2.5# FIRE EXT ON EACH CORNER OF BODY SIGN RACK ON RIGHT REAR INSIDE OF BED. POLE RACK 18T "X12 "WX 12'6 "L SIDES AND BOTTOM OF EXPANDED METAL TOP OF TREAD PLATE, WITH SPRAY LINE MATERIAL QUOTATION Page # 1 Authorized Signature GENERAL BODY MANUFACTURING CO. _ Metroplex 1801 Timberlake Dr. Arlington, TX 76010 817.695.6602 / FAX 817.695.6610 To GRAPEVINE DODGE 2601 WILLIAM D. TATE AVENUE GRAPEVINE TEXAS 76061 United States Attention : DENNIS THOMAS EXHIBIT I Our Quotation # 030108 -00 06/30/2016 Quotation Valid Thru : 07/30/2016 QUOTATION Page # 2 Authorized Signature Item Facility / Part / Rev / Description / Details Quantity Quoted Unit Price Extended Price SPRAY LINE INTERIOR OF BED INCLUDING COMPARTMENT TOPS SPRAY LINE TOP OF BUMPER WATER COOLER AND RACK INSTALLED ON CURB SIDE TOP OF BODY 3500WATT INVERTER INSTALLED ON FRONT WALL OF CURBSIDE 2ND COMPARTMENT GFI PLUG AT REAR LADDER RACK BOX WITH ROLLER SLIDERS INSTALLED IN BED Thanks again for your interest in our company as one of your suppliers. Prices do not include any Federal, State, or Local taxes unless otherwise indicated. QUOTATION Page # 2 Authorized Signature WD1566 Quote 1 * * EXHIBIT I Our Quotation # 030106 -00 GENERAL BODY MANUFACTURING CO. _ 06/30/2016 Metroplex 1801 Timberlake Dr. Arlington, TX 76010 817.695.6602 / FAX 817.695.6610 To GRAPEVINE DODGE 2601 WILLIAM D. TATE AVENUE GRAPEVINE TEXAS 76061 United States Quotation Valid Thru : 07/30/2016 Terms : Cash On Delivery Attention : DENNIS THOMAS We are pleased to quote your requirements as shown below. Our company has a reputation for delivering quality products on time and we look forward to the opportunity of serving you. Prices do not include any Federal, State, or Local taxes unless otherwise indicated. Item Facility / Part / Rev / Description / Details Quantity Quoted Unit Price Extended Price 001 Default KNAP 6132 CRANE Rev NS U/M EA 1.0000 30,700.0000 US$ 30,700.0 FURNISH AND INSTALL KNAPHEIDE 6132D54 WITH CRK IN RR CORNER TREAD PLATE OVERLAY HITCH AND 7 WAY 20" WORK BUMPER BULKHEAD WITH 2 LED WORKLIGHTS ON TOP GO LIGHT ON RIGHT CORNER OF BULKHEAD 6 DRAWER MECHANICS CHEST IN CURBSIDE FRONT COMPARTMENT 2EA LED WORK LIGHTS ON CORNERS OF BED LED LIGHTS INCLUDING BACK UP STELLAR EC3200 ELECTRIC CRANE BOOM REST INTERIOR COMPARTMENT LIGHTS LIGHTS WITH IN CAB SWITCH FOR LEFT AND RIGHT SIDES INTERIOR HOOKS ON RR AND LR COMPARTMENTS WHELEN 600 SERIES LIGHTS ON REAR 2EA FLUSH MOUNT STROBES ON FRONT OF TRUCK GRILL QUOTATION Page # 1 Authorized Signature GENERAL BODY MANUFACTURING CO. _ Metroplex 1801 Timberlake Dr. Arlington, TX 76010 817.695.6602 / FAX 817.695.6610 To GRAPEVINE DODGE 2601 WILLIAM D. TATE AVENUE GRAPEVINE TEXAS 76061 United States Attention : DENNIS THOMAS EXHIBIT I Our Quotation # 030106 -00 06/30/2016 Quotation Valid Thru : 07/30/2016 QUOTATION Page # 2 Authorized Signature Item Facility / Part / Rev / Description / Details Quantity Quoted Unit Price Extended Price 2EA FIRE EXT. MOUNTED AT FRONT OF BODY ON CORNERS INTERIOR LADDER RACK HOOKS ON DRIVERS SIDE FOR LADDER VISE MOUNT ON RR CORNER OF BUMPER VAN AIR PRO 35 AIR COMPRESSOR WITH 1/2 "X50' AIR HOSE REEL INSTALLED IN BOTTOM OF CRANE COMPARTMENT WITH FLR AND FAIRLEAD OUT REAR. WATER COOLER RACK ON DRIVERS SIDE FRONT TOP OF COMPARTMENT SPRAY LINE INTERIOR, BUMPER TOP AND COMPARTMENT TOPS 1EA JACK LEG ON RIGHT CORNER OF BUMPER Thanks again for your interest in our company as one of your suppliers. Prices do not include any Federal, State, or Local taxes unless otherwise indicated. QUOTATION Page # 2 Authorized Signature GENERAL BODY MANUFACTURING CO. _ Metroplex 1801 Timberlake Dr. Arlington, TX 76010 817.695.6602 / FAX 817.695.6610 To GRAPEVINE DODGE 2601 WILLIAM D. TATE AVENUE GRAPEVINE TEXAS 76051 United States Attention : DENNIS THOMAS WD1566 Quote 2 EXHIBIT I Our Quotation # 030107 -00 06/30/2015 Quotation Valid Thru : 07/30/2015 Terms: NET 10 DAYS We are pleased to quote your requirements as shown below. Our company has a reputation for delivering quality products on time and we look forward to the opportunity of serving you. Prices do not include any Federal, State, or Local taxes unless otherwise indicated. Item Facility / Part / Rev / Description / Details Quantity Quoted Unit Price Extended Price 001 Default WD1566 HYDRAULIC TOOL CIT Rev NS U/M EA 1.0000 7,382.0000 US$ 7,382.0 FURNISH AND INSTALL INSTALL HYDRAULIC TOOL CIRCUIT ON RAM 5500 INCLUDES PTO,PUMP,HOSES, VALVES. TANK. CONTROLS HYDRAULIC FLUID Customer Part: E Thanks again for your interest in our company as one of your suppliers. Prices do not include any Federal, State, or Local taxes unless otherwise indicated. QUOTATION Page # 1 Authorized Signature GENERAL BODY MANUFACTURING CO. _ Metroplex 1801 Timberlake Dr. Arlington, TX 76010 817.695.6602 / FAX 817.695.6610 To CITY OF DENTON FLEET SERVICES ATTN: VINCENT 804 TEXAS STREET DENTON TEXAS 76209 WC15131 EXHIBIT I Our Quotation # 030442 -00 06/26/2015 Quotation Valid Thru : 07/26/2015 Terms: NET 90 DAYS Attention : CHARLIE We are pleased to quote your requirements as shown below. Our company has a reputation for delivering quality products on time and we look forward to the opportunity of serving you. Prices do not include any Federal, State, or Local taxes unless otherwise indicated. Item Facility / Part / Rev / Description / Details Quantity Quoted Unit Price Extended Price 001 Default KNAP 6132D54J1 Rev NS U/M EA 1.0000 14,195.0000 US$ 14,195.0 FURNISH AND INSTALL INSTALL ON INSTALL 1 1F KNAPHEIDE MODEL # 6132D54J1 (STANDARD HEIGHT) 8" GALVA GRIP BUMPER WITH BALL HITCH RECESS 4 COMPARTMENTS PER SIDE, 20" DEEP COMPARTMENTS STANDARD SHELVING AND DIVIDERS, 54" WIDE FLOOR L.E.D LIGHTS INCLUDING REVERSE LIGHTS. AND REFLECTORS, GENERAL BODY MUD FLAPS PAINT OUTSIDE WHITE TO MATCH CAB (PAINT CODE), WEIGHT SLIP HEADACHE RACK MASTERLOCK RECEIVER HITCH AND 7 WAY PLUG SPRAY LINE INTERIOR OF BODY 2 5/16" PINTLE COMBO STINGER 2 EACH WHELEN 600 SERIES STROBE LIGHTS INSTALLED ON REAR OF SERVICE BODY WITH IN CAB SWITCH/ AMBER- CLEAR LENS 2 EACH 5# FIRE EXTINGUISHERS INSTALLED ON FRONT CORNERS OF SERVICE BODY BY CAB QUOTATION Page # 1 Authorized Signature GENERAL BODY MANUFACTURING CO. _ Metroplex 1801 Timberlake Dr. Arlington, TX 76010 817.695.6602 / FAX 817.695.6610 To CITY OF DENTON FLEET SERVICES ATTN: VINCENT 804 TEXAS STREET DENTON TEXAS 76209 Attention : CHARLIE EXHIBIT I Our Quotation # 030442 -00 06/26/2016 Quotation Valid Thru : 07/26/2016 QUOTATION Page # 2 Authorized Signature Item Facility / Part / Rev / Description / Details Quantity Quoted Unit Price Extended Price POWERBRIGHT 3500 WATT INVERTER INSTALLED IN RIGHT FRONT COMPARTMENT OF BODY COMPARTMENT LED LIGHTS WITH SWITCH VISE BRACKET INSTALLED ON RIGHT REAR CORNER OF BUMPER Thanks again for your interest in our company as one of your suppliers. Prices do not include any Federal, State, or Local taxes unless otherwise indicated. QUOTATION Page # 2 Authorized Signature No Response EXHIBIT 1 From: Rosendahl, Charles To: "tvines(d)knapheide.com" Subject: Updated Quotes Date: Friday, June 05, 2015 7:17:42 AM Attachments: E01579 Knapheide Ouote.pdf WD1566 Knapheide Ouote.pdf WD1566 Knapheide Tool Circuit Ouote.pdf TC1554 Knapheide Ouote.pdf Tim, I need these quotes updated. I haven't met the new salesman, but could you pass this on to them to get these quotes updated? Thank you, Charlie Rosendahl Fuel Specialist City of Denton Fleet Services 940 - 349 -8422 No Response EXHIBIT Rosenclahl Charles From: Davenport Gary [G.Oovenport@poIfleeLoon] Sent: Monday, June 15.3O151O:37AM To: Roaendoh|.Chor|ea Subject: RE: Body Quotes Charles, I sure will Buddy!! Thanks for the opportunity and I know we can take care of all your up fit needs, from Y2 ton to Class 8 Rigs. From: Rosendah|,Charles Sent: Monday, June 15, 2015 10:24 AM To: Davenport Gary Subject: Body Quotes Could you quote me on bodies similar to the specs I have attached for Knapheide bodies? If you have any questions give me a call. Thank you, [har|ieRnsendah| Fuel Specialist City nf Denton Fleet Services Click here to report this email as spam. This message has been scanned for uzalwuze bvWehoenoe. No Response EXHIBIT 1 Rosendahl, Charles From: Rosendahl, Charles Sent: Monday, June 15, 2015 10:07 AM To: mclark @royaltruckbody.com Subject: Quotes Attachments: Truck Body Specs.pdf Murray, Terry Kader gave me your information. I need to get quotes on comparable units to the knapheide specs I have attached. If you have any questions I would be happy to answer them. Thank you, Charlie Rosendahl Fuel Specialist City of Denton Fleet Services 940 - 349 -8422 EXHIBIT 2 MEMORANDUM DATE: June 30, 2015 TO: Elton Brock FROM: Terry Kader Fleet Services Superintendent CC: Antonio Puente 1.J.33I ±R CT`: SINGLE S0tJ I((: "1 R (1]AS1 - (".1l,N)''RAl, 1 ()DY Requests for quotes were sent to 4 vendors, and General Body Manufacturing Company was the only vendor to submit quotes on the requested service bodies. The City of Denton has utilized Knapheide service bodies exclusively over the past 6 years in the up- fitting of medium duty trucks. The Knapheide product provides excellent service and has proven to be a durable utility body for many city fleet applications. Fleet Services is recommending the purchase of Knapheide service bodies from local vendor, General Body Manufacturing Company as a single source purchase. General Body Manufacturing Company is a national distributor and can also provide warranty repair and parts replacement on the Knapheide product if needed. Regards, Terry Kader Fleet Services Superintendent Estimated Annual Purchases: 2014-20 $ 135,000 EXHIBIT 3 DRAFT MINUTES PUBLIC UTILITIES BOARD July 13, 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, July 13, 2015 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901 Texas Street, Denton, Texas. Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Barbara Russell and Charles Jackson Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities Absent: Lilia Bynum OPEN MEETING: CONSENT AGENDA: 7. Consider recommending adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order for the acquisition of utility bodies as a single source purchase for various City of Denton departments; and providing an effective date (File 5871 - utility bodies awarded to General Truck Manufacturing Company in the amount of $86,716.00). Motion was made to approve item 7 by Board Member Russell with the second by Board Member Cheek. The vote was 6 -0 approved. Adjournment - 11:13 a.m. EXHIBIT 4 ORDINANCE NO. AN ORDINANCE APPROVING A CONTRACT FOR THE PURCHASE OF FOUR (4) UTILITY TRUCK BODIES FOR THE CITY OF DENTON WASTE WATER COLLECTIONS, ELECTRIC OPERATIONS, WATER DISTRIBUTION, AND TRAFFIC CONTROL DEPARTMENTS WHICH ARE AVAILABLE FROM A SINGLE 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 5871- AWARDED TO GENERAL BODY MANUFACTURING COMPANY IN THE NOT -TO- EXCEED AMOUNT OF $109,171). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 5871 General Body Manufacturing Company $109,171 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. EXHIBIT 4 SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5871 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ffig 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 DENT' IN File #: ID 15 -553, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: July 21, 2015 SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Electric Utility Overhead Distribution Pole Line Hardware for Transmission Line Under Build for Denton Municipal Electric (DME); and providing an effective date (RFP 5775- awarded to HD Supply in the three (3) year not -to- exceed amount of $1,000,000). RFP INFORMATION This contract is for a three (3) year agreement to supply Overhead Distribution Pole Line Hardware which is used by Denton Municipal Electric (DME) to attach distribution circuits to steel transmission poles. These items are carried in the Distribution Center working capital inventory. Since these items are purchased for the Distribution Center, they do not go to the Public Utilities Board for consideration, but directly to City Council for consideration. Requests for Proposals were sent to 317 prospective suppliers. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Three (3) proposals meeting specifications were received. The proposals were evaluated based upon published criteria including price, delivery timeframe, compliance with specifications, and indicators of probable performance. A Best and Final Offer was conducted which resulted in a very minor price decrease to one item. HD Supply was ranked the highest and determined to be the best value for the City of Denton. Items 2, 19, 24, 26, 34, and 35 will not be awarded. During the development of the solicitation, DME staff had indicated a need for the items, but during the evaluation process, staff later determined that these items will not be used in the transmission line construction process. RECOMMENDATION Award to HD Supply, in the three (3) year not -to- exceed amount of $1,000,000. This amount includes a contingency for upcoming substation construction requirements. PRINCIPAL PLACE OF BUSINESS HD Supply Corinth, TX City of Denton Page 1 of 2 Printed on 7/16/2015 File #: ID 15 -553, Version: 1 ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION The items in this RFP will be funded out of the Materials Management Fund working capital account and charged back to the using department. EXHIBITS Exhibit l: Evaluation/Ranking sheet Exhibit 2: Ordinance Exhibit 3: Contract 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 7/16/2015 o 0 0 oO eq o o o o o o o w o o o o u . . . 0 . . . . . . . .6 . . . . 6 ry - - n 6 - - -i - 6 - - - - - - 4 O - - O m - - 6 - i - 6 - - 6 - 6 - - - - -- - - . . . . . . . . . . . . . 0 0 0 0 0 . . . . Iq rn -0 In N, S .1 c 6 m m o c� .c a I Iq I 1 j ] ] vl - - - - - - - - - - - - - - - - - - - - - - - -- - - V1 N - - - - - - - - - - - - - - - - - - - - - - 6 - - -- - - E .0 w < x T IM ° °m -0 v. c m -wNw Nw-, -8--wm Nm mm IN o - - - - - - - - - - - - - - - - - - - - - - - - -- - - I 1 w w 1 2 ow I N I . I IN w� ml -N 2 . -N ww m . -N w 11 -I I ww I wl ol 1 1. 1 I . . . . . . . . . . . . . . . . . . . . . . . . 0 . 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U-0 Im Q to —U--O j S! m 0 — w w N w 0— Iz w w m o o o — z z z z z z z z z W N w w w IN w F- 1w, F- 18, F- rN 18, mlwl-� o 0 0 oO eq o o o o o o o w o o o o u ORDINANCE NO. 2015- AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF ELECTRIC UTILITY OVERHEAD DISTRIBUTION POLE LINE HARDWARE FOR TRANSMISSION LINE UNDER BUILD FOR DENTON MUNICIPAL ELECTRIC (DME); AND PROVIDING AN EFFECTIVE DATE (RFP 5775 - AWARDED TO HD SUPPLY IN THE THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $1,000,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the supply of Electric Utility Overhead Distribution Pole Line Hardware for Denton Municipal Electric in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; 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 in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 5775 HD Supply $1,000,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal 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 5775 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposals. 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 ffla APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY EXHIBIT 3 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND HD SUPPLY (RFP 5775) THIS CONTRACT is made and entered into this date , by and between HD Suply, a partnership, whose address is 2800 Quail Run Dr., Suite 100, Corinth, TX 76208, hereinafter referred to as "Supplier," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall provide products in accordance with the City's RFP # 5775 Electric Utility Overhead Distribution Pole Line Hardware for Transmission Line Under Build, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A "); (b) City of Denton's RFP 5775 (Exhibit "B" on file at the office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions (Exhibit "C "); (d) Supplier's Proposal. (Exhibit "D "); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." RFP 5775 EXHIBIT 3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY RFP 5775 SUPPLIER AUTHORVE Sl(WATURE Date:_ Name:N /EL /QOIr/N HONE NUMBER FAX NUMBER wall a 11 pla Kligm BY: GEORGE C. CAMPBELL, C T ITY MANAGER Date: EXHIBIT 3 Exhibit A Special Terms and Conditions The Quantities indicated on Exhibit D are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. Product Changes During Contract Term The supplier shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the product must be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to dentonpurchasing Lcityofdenton.com, with the above file number in the subject line, for review. Products found to have changed specifications without notification, and acceptance, will be returned at the supplier's expense. Products that have been installed will be replaced at the supplier's expense. Authorized Distributor The supplier shall be the manufacturer or authorized distributor of the proposed products. The distributor shall be authorized to sell to the City of Denton, and make available the manufacturer's representative as needed by the City. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one -year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. Price Escalation and De- escalation Prices for the commodities described must be firm for a period of one year from date of contract award. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) for other electrical equipment manufacturing (PCU33593359). The price will be increased or decreased based upon the annual percentage change in the PPI. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be determined annually at the renewal date. Should the PPI change exceed a minimum threshold value of + / -1 %, then the stated eligible bid prices shall be adjusted in accordance with the PPI change not to exceed the 8% limit per year. The supplier should provide documentation as percentage of each cost associated with the unit prices quoted for consideration. Request must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must also provide supporting documentation as justification for the request. RFP 5775 EXHIBIT 3 Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation as competitive with the general market price at the time, and become effective upon the renewal date of the contract award or reject the increases within 30 calendar days after receipt of a properly submitted request. If a properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued. Pre -price increase prices must be honored on orders dated up to the official date of the City of Denton approval and /or cancellation. The request can be sent by e -mail to: purchasing�2cityofdenton.com noting the solicitation number. The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. Total Contract Amount The contract total shall not exceed $1,000,000. Pricing shall be per Exhibit D attached. Delivery Lead Time Product or services shall be delivered to the City per the days /weeks noted in Exhibit D after receipt of the order. RFP 5775 EXHIBIT 3 Exhihit C City of Denton Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's contract are applicable to contracts /purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the seller's proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City's premises or on public rights -of -way. 1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE /TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City RFP 5775 EXHIBIT 3 only when the City actually receives and accepts the deliverables. 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non - conforming deliverables. If the City has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or the deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non - complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor's obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City's facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property. i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled RFP 5775 EXHIBIT 3 substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( "IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor's invoice. C. Invoices for labor shall include a copy of all time - sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work -hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. RFP 5775 EXHIBIT 3 The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of- i. delivery of defective or non - conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the RFP 5775 EXHIBIT 3 term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by the contractor in traveling to and from City facilities whall not be reimbursed, unless otherwise negotiated. 15. FINAL PAYMENT AND CLOSE -OUT: A. If a DBE /MBE /WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close -Out MBE /WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books ", "records ", "documents" and "other evidence ", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE /MBE /WBE agreed to Plan, the RFP 5775 EXHIBIT 3 Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY - PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all RFP 5775 EXHIBIT 3 liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non - conforming deliverables, or replace the non - conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non - conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery RFP 5775 EXHIBIT 3 of the breach warranty, but failure to give timely notice shall not impair the City's rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON - CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non - conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non - conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the RFP 5775 EXHIBIT 3 Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and /or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non - conforming deliverables, negligence, willful misconduct or a RFP 5775 EXHIBIT 3 breach of any legally imposed strict liability standard. B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage's and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department RFP 5775 EXHIBIT 3 901B Texas Street Denton, Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self - insured retentions, if any, stated in policies. All deductibles or self - insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse affect on the Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof, and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed RFP 5775 EXHIBIT 3 delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co- counsel on the City's behalf. Further, Contractor agrees that the City's specifications regarding the deliverables shall in no way diminish Contractor's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City's and /or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know -how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information "). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and /or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and /or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such RFP 5775 EXHIBIT 3 information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made - for -hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made -for- hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made - for -hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work - made - for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and /or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior RFP 5775 EXHIBIT 3 consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision - making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer /employee relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45. ASSIGNMENT - DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity RFP 5775 EXHIBIT 3 not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre - printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision - making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first RFP 5775 EXHIBIT 3 mediation session. The City and the Contractor will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: New Year's Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON - SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub - awards to parties RFP 5775 EXHIBIT 3 that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non - Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT - SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty -free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means - (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. IOa - IOd) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental RFP 5775 EXHIBIT 3 list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate ". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis -Bacon Wage Determination at http: / /www.dol.gov /whd/contracts /dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD- 2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on -site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing with issuance of Form W -2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers' Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100 -690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug -free work environment; and the final rule, government -wide requirements for drug -free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government- owned, leased, or occupied property RFP 5775 EXHIBIT 3 and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non - performance or delay in performance. 65. NON - WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP /Bid documents 3. City's standard terms and conditions 4. Purchase order 5. Supplier terms and conditions RFP 5775 EK)VMIID 3 2800 Quail Run Dr, Ste. 100, Corinth, TX 76208 w �.hdsu �Iqw�ersoluti�onscom� RFP#5775 — Supply of Electric Utility Overhead Distribution Pole Line Hardware for Transmission Line Under Build for the City of Denton Inside Sales Scott Price (940)270-7243 david.price @hdsupply.com hdsu ly.—com __- Outside Sales Jason Leake (940)765-4255 jason.leake@hd! l � _com District Sales Manager Daniel Brown (806)549-7681 daniel.brown@hdsupply.com Q J_ m Q: W 0 z W z J z O N CN_ C N z Q Q: O LL W Q: Q Q W z J W J O a z O m Q: N N_ Q W W O U U W J W LL O J a a N L G1 G1 s N tw a i N N N N a LL O Q Z H W 0 co O LL O W U. U W CL cn Q cn 0 O O a ce W J W O O H cn O U J J Q W O D J U z J Q x cn a z U a a7 C CL N O O. 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LA. z 0 � Z ui Q m 0 � Q U. Q \ 2 q 0 0 O a q w Q 0 \ 0 Q a 0 D v z cn� « _ O z U a CL � \ CL k CL 0 2 k CL 0 >0 a \ \ k � ) { Q Q a £ 2 2 E ui 0 \ \ 2 (v \ \ CL 7 _ 0) e f 5 m ; 2 m & « \ § \ LU ) c c 2 ® 0 0 $ \ rH ± cr 0 f % 5 J N 2 2 2 2 0 z \ \ \ \ e \ \ / $ 7 7 » § 2 a / u % co \ m / 2 \ \ j \ 2 v f / k � o \ g e � a / § f 3 a/ ƒ § 3 a / O g § m a m ƒ 2 £ u 2 @ ® 2 2 @ \ \ w \ \ & @ z D \ R @ q @ O / T 9 N w ¢ m k ( m « 12 _ m « 4 J O- - G t"u) G w 9 w b @ @ £K)BMIID 3 E@)VIM11D3 1J � 2800 Quail Run Dr, Ste. 100, Corinth, TX 76208 To Whom It May Concern: HD Supply is glad to submit a bid in response to RFP#5775 — Supply of Electric Utility Overhead Distribution Pole Line Hardware for Transmission Line Under Build for the City of Denton. Our experience in the utility distribution market dates all the way back to our company roots with Temple, Inc, which has operated as a full-line distributor in the State of Texas since 1953. We stock and supply distribution and transmission material, and have over 60 years of experience handling blankets and alliance agreements. In addition to our vast experience, we feel that we would be an exceptional choice to serve as the City of handled out of our Corinth, TX facility, placing us just ten miles from the City of Denton warehouse location. We have employees on call at all times to respond in the event of emergencies, and have a commitment to ensuring that your needs are exceeded. We look forward to conducting business with the City of Denton for years to come. EX)VM111) 3 City of Denton RFP for Supply of Electric Utility Overhead Distribution Pole Line Hardware for Transmission Line Under Build SOLICITATION CHECKLIST Check Document when Task to be Completed by Respondent Completed Pricjqg_.Sheet —Exhibit I 3 Exhibit I —Yric7111_9 sheet 4 Review Exhibit 2 - General Provisions and Terms and Conditions 5 6 Review Exhibit 3 -§�co e of Work/Technical Specifications 7 Review Exhibit 4 -Technical Drawings and Plans (if applicable) 8 9 Submission of Exhibit 5 - FTP Site Form (if applicable) Review Exhibit 6 --- Federal Grant Requirements Llfaml.icabLe) Cover sheet Solicitation number Solicitation narne Firm name Firm address Contact name -ontact nbone C Contact fax Website address Contact email address Solicitation Checklist Attachment A- Business Overview Questionnaire Document how firm meets minimum qualifications (Section 3) Detail to support evaluation criteria Attachment B - Exception Form NiA Attachment C - Sa Attachment D - Reference Form - - -------- Attachment E - Conflict of Interest Questionnaire Form - with nature Attachment - Acknowledgment Acknowledgment of Addenda Submission signed by authorized officer, in the order specified below Hard Copy Submission: If submitting a hard copy, the City requires one (1) original and three (3) copies, with the pricing sheet submitted electronically in excel or emailed in excel to Libids( ,.i&jty,ol'denton.coin with the RFP # and name in the subject line. Electronic Submission: If submitting an electronic proposal only, email to i )fdenton.coni with the RFP # and name in the subject line. The pricing sheet (Exhibit 1) must be in excel format. Submit response, with tabs marking each section, in the following order: Order for Submission Document I Cover Sheet 2 Pricjqg_.Sheet —Exhibit I 3 ------ . .......... .......... Solicitation Checklist 4 Attachment A- Business Overview Questionnaire 5 6 Attachment B — Exception Form . ...... . ............... Attachment C — Safety Record Questionnaire (if applicable) 7 Attachment D — Reference Form 8 9 - Attachment E Conflict of Questionnaire Form Attachment F - Acknowledgment RFP 5775 - Main Document Page 11 of 18 EX)VM111) 3 City of Denton RFP for Supply of Electric Utility Overhead Distribution Pole Line Hardware for Transmission Line Under Build ki'A %V-11V941 VAll; I A& W&A 1 "i 01 IWIN 1 71 Frei MM 1. Contractor Legal Name (for contracting purposes): HD Supply 2. Subsidiary of- N/A 3. Organization Class (circle): <� Corporation Individual Association 4. Tax Payer ID#: 26-0100651 5. Date Established: 1953 — Temple, Inc. 100"W**A1 6. Historically Underutilized Business: Yes (Cr No ) 1%ftwoov, 7. Does your any have an established physical presence in the State of Texas, or the City of Denton`? Yes in which? Texas — Corinth, TX; White Cap branch operating within the city limits of Denton, TX as well. 8. Please provide a detailed listing of all products and/or set vices that your company provides. HD Supply is a full-line electrical utility distributor. We offer the following services in addition to our vast inventory: automation engineering, lay-down yards, job-site trailers, consignment yards, kitting and storm response. 9. Has your company filed or been named in any litigation involving your company and the Owner on a contract within the last five years under your current company name or any other company name? If so provide details of the issues and resolution if available, Include lawsuits where Owner was involved. No 10. I-lave you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and why? Give name and telephone number of Owner. No 1. Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). No 12. Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction Standards" as they apply to your Company's customary activities? N/A; safety program and training to exceed OSHA standards. e=-S'FANDARDS&,p toc leve1=1&p keyvalue=1926 RFP 5775 - Main Document Page 12 of 18 EK)VMII[) 3 City of Denton RFP for Supply of Electric Utility Overhead Distribution Pole Line Hardware for Transmission Line Under Build 13. Resident/Non-Resident Bidder Determination: Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits cities and other governmental units from awarding contracts to a non-resident firm unless the amount of such a bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders' state. In order to make this determination, please provide the name, address and phone number of: a. Responding firms principle place of business: 2800 Quail Run Dr, Ste 100 Corinth, TX 76208 b. Company's majority owner principle place of business: HD Supply c. Ultimate Parent Company's principle place of business: 3.100 Cumberland Blvil Atlanta, GA 30339 RFP 5775 - Main Document Page 13 of 18 EX)VM111) 3 City of Denton RFP for Supply of Electric Utility Overhead Distribution Pole Line Hardware for Transmission Line Under Build 14. Provide details to support the evaluation criteria, including experience and delivery. HD Supply is committed to meeting delivery requirements as outlined in our quotation. We have over 60 years of experience handling anything from blanket agreements to full-line integrated supply arrangements. We maintain over $40 million worth of inventory in the state of Texas to meet the needs of our customers. Because of our inventory position, we are the preferred distributor of many organizations for emergency outage response. We always strive to exceed the expectations of our customers. 15. Provide details on how firm meets the minimum qualifications stated in this Main document Section 3. a. The details must he completed on this, form, and chqll nnt poinj to analbi-r docl1mg-ut in the respondent's proposal. b. Sign below and return form with final submission. Over 60 years of experience managing supply agreements in the state of Texas. We currently manage the wire and meter blankets for the City of Denton. In addition to the City of Denton, HD Supply manages the following blankets across the state: Integrated Supply ALYreements: CoSery Electric (Since 1999), Sharyland Utilities (Since 1996), Tri-County Electric, Lamar Electric, Oncor and Centerpoint Energy Blankets: CPS San Antonio, Lubbock Power & Light, City of San Augustine and City of Brownfield. I certify that r firm meets the minimum qualifications as stated in this Main document, section 3. ho smpR4 - -- ------------- - -- nat . e Company Date RFP 5775 - Main Document Page 14 of 18 EK)BMIII) 3 City of Denton RFP for Supply of Electric Utility Overhead Distribution Pole Line Hardware for Transmission Line Under Build I i I 1 11 1 1 xii Frew Any exceptions taken to this solicitation (including terms and conditions in Exhibit 2, the General Provisions and Terms and Conditions) must be itemized on the lines below. Additional pages may be added as needed. If there are no exceptions, please sign where indicated at the bottom of the page. Item 4 Description . ......... . L Y Lejk MAC,LOAV\j Ycg�Ac---VIA The above exceptions (and any additional pages identified) are the ONLY exceptions to the specifications, General Provisions and Terms and Conditions in Exhibit 2, and sample contract to this solicit %on , I understand that the City may not accept additional exceptions produced after final submissl of this DrODOsal. t'0'm]p9ny'- 7/"20 t S I Date No Exceptions are taken to this solicitation or the General Provisions and Terms and Conditions in Exhibit 2. Signature Company Date RFP 5775 - Main Document Page 15 of 18 6A Vk C- ocd ............. k-m- 5 0 C 6E;rvis DCI:k,-IILI) MNQUE-AN) ss) ilv) wNIF" ft I TA LI - I Llil- A �aC 24:5 ........... . .... . The above exceptions (and any additional pages identified) are the ONLY exceptions to the specifications, General Provisions and Terms and Conditions in Exhibit 2, and sample contract to this solicit %on , I understand that the City may not accept additional exceptions produced after final submissl of this DrODOsal. t'0'm]p9ny'- 7/"20 t S I Date No Exceptions are taken to this solicitation or the General Provisions and Terms and Conditions in Exhibit 2. Signature Company Date RFP 5775 - Main Document Page 15 of 18 EX)BM11) 3 City of Denton RFP for Supply of Electric Utility Overhead Distribution Pole Line Hardware for Transmission Line Under Build Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this solicitation. REFERENCE ONE GOVERNMENT/COMPANY NAME: CoSery Electric LOCATION: Corinth, TX CONTACT PERSON AND TITLE: Kyle Pastorius — Account Manager TELEPHONE NUMBER: (940)270-7284 SCOPE OF WORK: Integrated Supply CONTRACT PERIOD: 1999 - Present REFERENCE TWO GOVERNMENT/COMPANY NAME: Lubbock Power & Light LOCATION: Lubbock, TX CONTACT PERSON AND TITLE: Ronnie Dewbre — Account Manager TELEPHONE NUMBER: (806)789-9228 SCOPE OF WORK: Multiple Blankets: Wire, Poles, Meters, Switches CONTRACT PERIOD: 12 Month Increments 11 GOVERNMENT/COMPANY NAME: Greenville - GEUS LOCATION: Greenville, TX CONTACT PERSON AND TITLE: Ed Rush - Buyer TELEPHONE NUMBER: (903)457-2827 SCOPE OF WORK: Transformers, Switchilear, Spot Buys CONTRACT PERIOD: Various RFP 5775 - Main Document Page 16 of 18 EX)VM11) 3 City of Denton RFP for Supply of Electric Utility Overhead Distribution Pole Line Hardware for Transmission Line Under Build CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. C'h-eli this hax ifvw- are filing au update to a filed pro-ausly qui;Wownmira (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7t' business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? = Yes a No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? = Yes = No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? = Yes = No D. Describe each affiliation or business relationship. I have o Conflict of Interest to disclose. 'on -2 /o w tb�� or, �oi i t Signature of person omg bust with the governmental entity Date RFP 5775 - Main Document Page 17 of 18 EK)BMII[) 3 City of Denton RFP for Supply of Electric Utility Overhead Distribution Pole Line Hardware for Transmission Line Under Build EX-1 kDKINT, I ili The undersigned agrees this submission becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of materials and equipment; and all other matters that will be required for the work before submitting a response. The undersigned agrees, if this submission is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of this submission will be 120 calendar days unless a different period is noted. The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been prepared in collusion with any other respondent, nor any employee of the City of Denton, and that the contents of this submission have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance of this submission. Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section I et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et se q. Me urilerslgrie afrims M-aT Mey aver ari unnerstarld tne spairications, V uxtllbM arid attaMmunts contairlud in this solicitation package. The undersigned agrees that the solicitation package posted on the website are the official specifications and shall not alter the electronic copy of the specifications and/or pricing sheet (Exhibit 1), without clearly identifying changes. The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at: htti)://lwww.cill,,ofd-erlt.o-n,,coiii./ind.e,x.-a,sp ?Tqge 3.91 to ensure they have downloaded and signed all addendum(s) required for submission with their response. I certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this submission will be investigated, with my full permission, and that any misrepresentations or omissions may cause my submission to be rejected. Acknowledge receipt of following addenda to the solicitation: Addendum No I Dated Addendum No 2 Dated Addendum No 3 Dated JF'J M 1 I 13 1 owl I I Fax No. (A /;7- 7C7 RFP 5775 - Main Document Page 18 of 18 ar C'cpyWtictor Hardware >> Msulator F-Rtings Cievis - Cievis, 90" Material: • Ductile Iron, Hot Dip Galvanized U6H F A C — It 1 T J �Wl am C C I Ym a TYPE CC Am C'ataloq Min Ultimate A B C D G 1-1 Weight/100 Nurnbei sbength (Ibs) CCR-55 30000 3 1 1 5/8 5/8 15/16 15/16 1 208 1/2 9/16 9/16 7/8 CC-55A 35000 3 1 1 5/8 5/8 13/16 13/16 1 242 112 9/16 9/16 7/8 CC-66 40000 4 13/4 13/4 3/4 3/4 15/16 15/16 -- 400 185 CCR-66A 45000 5 23/8 23/8 3/4 3/4 1 1 2 460 1/4 1/16 1/16 1/8 60000 6 2 2 7/8 7/8 2 1 - 11/16 11/16 Notes: 1) For bolt, nut and cotter instead of clevis pin and cotter, add suffix "-BC" to catalog number wLw—w. ffLa–cLe=wer.Corn C'miductor Harclware >> lrISUiator Httmgs Y'-CAevis BalW, Standard & Hot Line Material: . Forged Steel, Hot Dip Galvanized 4 5* t-- F I I // I I I k I FIRM S ta n d a rd Catabq It Lfltim".3te For InSU[ator A C D i' R V'Jeight/l 00 N urnbe"f Strength Class (I bs) YCB-65A 35000 *ANSI 52-3 31/4 1 3/4 17/8 1/2 215 & 5 9/16 YCB-78 50000 ANSI 52-8 & 3 1 7/8 2 5/8 330 11 13/16 9/16 3/16 YCB-720 40000 IEC 20MM 41/16 1 7/8 2 5/8 340 9/16 3/16 Notes: 1) ANSI 52-5 & IIEC 16mm are generally accepted as being interchangeable 2 7/8" DIA. f-1 1/ "` IA. IWMEJ FX-Almlin I Hot L[ne Catalog Iry ln For A C (m) Diameter E F 0n) J i) K (i f i) R (in) VO-,,:�ght/100 Nwriber Utimate InSLflator (m (in) (lbs) Strength Class YCBHL-65A 35000 *ANSI 10 1- 3/4 6 1- 1- 1/2 9/16 317 52-3 - 11/16 7/8 3/4 & 5 1/8 YCBHL-78 50000 ANSI 10 1-3/4 7/8 6 2- 11/16 430 52-8 - 3/16 & 11 7/8 Notes: 1) ANSI 52-5 & IIEC 16mm are generally accepted as being interchangeable Cx,nductor Fiardware >> �nsWator Fittings Socket Eye, Standard VITT M-ml • Ductile Iron, Hot Dip Galvanized Catalog Min Ultimate Foy lnsulator B C, D Weight/100 Number Strength Class E 11 3 (Ibs) SI-500 18000 *ANSI 52-3 1/2 23/16 1 5/8 11/16 108 &5 SI-625 20000 *ANSI 52-3 5/8 23/16 1 5/8 11/16 ill &5 SI-750 25000 *ANSI 52-3 3/4 23/16 1 5/8 11/16 113 &5 SE-750-6 30000 *ANSI 52-3 3/4 23/4 2 13/16 180 &5 SI-875 30000 *ANSI 52-3 7/8 23/16 1 5/8 11/16 115 &5 SE-875-6 30000 *ANSI 52-3 7/8 23/16 1 13/16 121 & 5 11116 SE-1000-6 30000 *ANSI 52-3 1 23/8 1 13/16 185 & 5 11/16 SI-1062 30000 *ANSI 52-3 1 25/16 1 5/8 11/16 117 & 5 1/16 SI-1 12.xi MOO *ANSIS9-.1 1 1/8 2 1.1 /1 A 1 r)18 11/16 118 &5 SE-1250-6 30000 *ANSI 52-3 1 1/4 23/8 1 13/16 235 & 5 11/16 SE-1250-8 30000 *ANSI 52-3 11/4 21/2 2 1 235 & 5 1/16 SI-1375 30000 *ANSI 52-3 1 3/8 23/16 1 1/2 11/16 122 &5 SI-1375-6 30000 *ANSI 52-3 1 3/8 23/16 1 5/8 13/16 128 &5 SE -11 30000 *ANSI 52-3 1 3/8 23/8 1 518 11/16 22 &5 SE-1625-6 30000 *ANSI 52-3 15/8 3 13/4 13/16 195 &5 SI-1750 30000 *ANSI 52-3 1 3/4 23/16 1 1/2 11/16 130 &5 SE-1750-6 30000 *ANSI 52-3 13/4 2 15/8 13/16 240 & 5 11/16 SI-2000 30000 *ANSI 52-3 2 23/16 1 1/2 11/16 138 &5 SE-2000-6 30000 *ANSI 52-3 2 23/16 1 9/16 13/16 230 &5 SI-2187 30000 *ANSI 52-3 2 23/16 1 1/2 11/16 146 & 5 3/16 SI-2500 30000 *ANSI 52-3 2 1/2 23/16 1 1/2 11/16 168 &5 SE-250OA-6 30000 *ANSI 52-3 21/2 3 13/4 13/16 255 &5 1 1 SE8-1437-6 45000 ANSI 52-8 & 1 55/16 21/4 13/16 580 11 7/16 — — ------- — ------ ................................................. . .... . . . ................. 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LLI z a- 0 9 In I uj < uj -j z x x 0 < D LO0 LO N C) r1l g A ui O z z < a- N 0 LIJ z Wd jL 0 Cr < > CL m z ft� C) cn M CD z C/') > Ca < U) Uj U m LJ 0 z CJ OOY Ln Ln LJ O LLJ X x LLJ cl-, 00 CN LJ lLl cn Ld Uf LJ z u < OX � LL Z Cn Lj -5 Li I-.- IN k') 1 6n _ -A _j W < < 0 W L,J ------- --------------- N I r1r) 0 L, Ln U-) N 0 r, N z CN f I z o III Lij tl ��ruy cr:, LZU > :J N rl) 0 Ld :D V) 0 L� Z. uj (.) LLI z a- 0 9 In I uj < uj -j z x x 0 < D LO0 LO N C) r1l g A Poie 1, ine Hardware F--Z >> Wash,,,rs Square, Steel SQUARE WASHERS Material: • Galvanized Steel SQUARE CURVED WASHERS c""Italog Number Siz.e (Inches) Hole Dias . Bolt DIameter (In&)es)VVeight/1 00 (lbs) J1073 2 x 2 x 1/8 9/16 1/2 13.0 J1074 2 x 2 x 1/8 11/16 5/8 13.8 J1075 2-1/4 x 2-1/4 x 3/16 11/16 5/8 22.0 J1076 2-1/4 x 2-1/4 x 3/16 13/16 3/4 21.0 J10.78 3 x 3 x 3/16 13/16 3/4 48.0 J1079 3 x 3 x 1/4 13/16 3/4 64.0 J1080 4 x 4 x 3/16 13/16 3/4 87.0 J1082 4 x 4 x 1/4 15/16 3/4 & 7/8 114.0 J1081 4 x 4 x 1/2 1-1/8 1 216.0 Im X X z F x x x m X7 Z 0 0 Z 0 m 0 m Ln r,n C—r, 4p �yOb C/) = 9-- m :4 C- co RA CD C- 00 x L'i CD C/) G-) CD C- 0 ()o 00 m w iv t- z M m G1 Z < > z M N > r- m M r- t=j m m -u 70 tj m m n M M trJ I z z C) M vy > 1 > z m m cri t=j F- m Z z r m V) ID 3 N) 00 j - 70 m 9 CA CD 70 m 9 F-: 00-fti.. / C-n--W X m n r. 0 M M w VP I-Z0939 0 OZ[-Z0999 .... . ..... . 96-ZO999 p .. ...... . . ... ....... ... . .... . . . ..... 09-ZO999 - - - - Lu U� CA z uj u L. Cl x z Lu 0 -0 Z < cc o - .0 CO ix o 0 0 CL. < < CA Z g z x jr < < = :� m 0 12 LU U :,) n 0 LU z z z F2 0 U < < < z P Una' U 0 �o U U X .006 0 C7 0 n. I 0 I 0 y T19 %0 V) co A OP Q9 L 0'� 55607 O &AWING NUMBER E z 0 z u EX)VM11D 3 cle"Wer Svstems DistHbutiojn irwsulators >> Distft ,jtlon Deaderd DS- M Sedes Section Length UBE= • 15kV - 35kV 15 kV - 3 5 kV Catalog Line Section Dy Ar Leakaae Dry I Wet CIL�L Neg Packing Flailet Weiall Number Voltage Length (in) (in) Electrical Electrical (k\/) (kV) QTY QI Y Lbs (in) Fiashover Flashover CIFO (ctn) (kg) (kV) 60 (W) 60 11Z Hz DS-15M 15 1 13.0 7.6 1 15.8 90 65 140 145 18 432 2.6 DS-28M 28 17.0 11.6 24.7 130 100 190 220 18 324 2.9 DS-25M 28 18.75 13.6 31.5 150 135 255 265 18 324 3.2 DS-35M 35 22.0 16.8 37.6 170 155 280 290 18 216 3.4 Notes: 1) SML= 15,737 lbs [70 kN] 2) RTL = 7,869 lbs [35 kN] 3) All ratings meet or exceed the requirements of ANSI 029.13 (2000) and LWIWG-01(96) 4) Corrosion Resistant Boron Free Fiberglass Core / Silicone Housing ANSI 52-4 Clevis & Tongue End Fittings 5) HP Suffix denotes Hex Pin 6) For other product options, contact your local MPS Sales Representative 7) RUS Accepted www.macleanDoower.com City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON Legislation Text File #: ID 15 -559, Version: 1 Agenda Information Sheet DEPARTMENT: Wastewater CM/ ACM: Howard Martin, 349 -8232 Date: July 21, 2015 SUBJECT Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas ( "City ") to execute, for and on behalf of the City, an Easement Grant and Abandonment Agreement ( "Agreement "), by and between the City and DENTON WEST JOINT VENTURE ( "Owner "), providing for (a.) the granting to the City of easement for Lift Station purposes, encumbering 0.127 acre tract; and (b.) the granting to the City of easement for Ingress and Egress purposes, encumbering a 0.052 acre tract; and (c.) the granting to the City of a Street Right -of -Way deed, encumbering a 0.333 acre tract; and (d.) the abandonment ( "Abandonment ") by the City of (i) that certain Sanitary Sewer Easement, from M. K. Buchanan to the City, recorded in Volume 645, Page 79, Deed Records, Denton County, Texas; and (ii) that certain Public Utility Easement, from M. K. Buchanan to the City, recorded in Volume 626, Page 123, Deed Records, Denton County, Texas; (collectively, the "Abandonment Tracts "), all tracts situated in the Jeremiah Fisher Survey, Abstract N0. 421, Denton County, Texas and being generally located at the 2200 block East Ryan Rd.; authorizing the expenditure of funds therefore; making findings; providing a savings clause; and providing an effective date. (Denton West Lift Station Upgrade) (Recommended for approval by PUB 6 -0) BACKGROUND The development of the Teasley Trails residential subdivision has necessitated the relocation and capacity upgrade of the City's Denton West Lift Station on E. Ryan Road. The existing lift station is near the end of its useful life and does not have sufficient capacity available to serve proposed area developments. The developer of Teasley Trails residential subdivision is required to cost - participate in, and deliver easements for, the necessary lift station relocation and expansion. In addition to the Sanitary Sewer Easement to accommodate the installation of the increased capacity lift station, an Ingress and Egress Easement is to be conveyed. Denton West Joint Venture (R. J. Button) is the owner of property to the East of the Teasley Trails subdivision which is affected by the required offsite easements. The proposed Agreement provides for abandonment and release of the existing easements encumbering the Denton West Joint Venture property tract, in exchange for the grant of alternative easements for the construction of the relocated lift station and incoming sewer line. The Abandonment Tracts are to be released upon the completion and acceptance by the City of Denton, of the installation of the public improvements contemplated by the Project. The proposed Agreement also stipulates; in conjunction with the conveyance of the stated new easements and the abandonment of existing easements, certain work to be performed by the City. That work involves installation by the City of a 6 foot high concrete masonry fence, screening around the new lift station, the extension of a water line to serve an existing City of Denton Page 1 of 2 Printed on 7/16/2015 File #: ID 15 -559, Version: 1 residential tenant, on the south side of Ryan Road. This water service work has already been performed by the City, so as to avoid any hardship to the tenant, prior to the forthcoming lift station Project. OPTIONS 1. Recommend that the City Council approve the proposed Ordinance. 2. Not recommend that the City Council approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB - July 13, 2015 - Recommended for approval (6 -0) EXHIBITS 1. Location Map 2. Site Map 3. Ordinance (with attachments) Respectfully submitted: P. S. Arora, P.E. Assistant Director Wastewater Prepared by: LuAnne Oldham Real Estate Specialist City of Denton Page 2 of 2 Printed on 7/16/2015 Location Map 0 0 0 wil I OWWOOD 01-- ROSS AWIII 1 1114 N W E S Exhibit 1 to the CC AIS Poy "4 urn UT 10 H S0Ih1 2 Teasley Trails Phase 3 and 4 Proposed Easements PFl RI Denton West Lift Station Upgrade Project 1,750875 0 1,750 3,500 5,250 i Feet OLKY Hwy " � DENTON I1 7`i- S ... i- RI ' - �'[M —d (.PH O S.vp"d VICINITY MAP SCALE V-3000' 4 am= v . ....... ... 77� D R. NORTON - TEXAS, LTD L NST NO 2014105510 0,R D,C r PHASE ............. .. . . .... ..... A.N —A'.HNA ""TT"T EME.NT 10W�� �45 PAGE .79 - ---------- ....... ......... DENTON WEST JOINT VENTURE INST. NO. 2011 - 114170 O.R. D.C.T -------- ------- PROPOSED IN✓RESS/EGRESS EASEMENT TO THE CITY OF DENTON; 0.052 ACRES PROPOSED SANITARY SEWER EASEMENT TO THE CITY OF A ANDONMEN I TRAET DENTON; 0.127 ACRES HPLITY EASEMENT VOLUME 829, PAGE E 01RDCT ............. ............. RYAN ROAD --------- - --- - — -- STREET RIGHT-OF-WAY ORATION DEED CITY OF DENTON, TEXAS INST NO, 2014-91669 0 R.D.G.T. 0.333 ACRES ISO GRAPHIC SCALE M QI-7 N Denton West Lift Station Upgrade Project -11-T S DENTON 1, n&.-bms Exhibit 2 to PUB AIS MA. EM I& and C . IMA ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN EASEMENT GRANT AND ABANDONMENT AGREEMENT ( "AGREEMENT ") BETWEEN THE CITY OF DENTON ( "CITY ") AND DENTON WEST JOINT VENTURE ( "OWNER ") PROVIDING FOR (A) AN EASEMENT TO THE CITY FOR LIFT STATION PURPOSES, ENCUMBERING 0.127 ACRE TRACT, (B) AN EASEMENT TO THE CITY FOR INGRESS AND EGRESS PURPOSES, ENCUMBERING A 0.052 ACRE TRACT, (C) A STREET RIGHT -OF -WAY DEED TO CITY FOR A 0.333 ACRE TRACT, AND (D) THE ABANDONMENT BY THE CITY OF (1) THAT CERTAIN SANITARY SEWER EASEMENT, FROM M. K. BUCHANAN TO THE CITY, RECORDED IN VOLUME 645, PAGE 79, DEED RECORDS, DENTON COUNTY, TEXAS, AND (2) THAT CERTAIN PUBLIC UTILITY EASEMENT, FROM M. K. BUCHANAN TO THE CITY, RECORDED IN VOLUME 626, PAGE 123, DEED RECORDS, DENTON COUNTY, TEXAS; (COLLECTIVELY, THE "ABANDONMENT TRACTS "), ALL TRACTS DESCRIBED HEREIN ARE SITUATED IN THE JEREMIAH FISHER SURVEY, ABSTRACT N0. 421, DENTON COUNTY, TEXAS AND BEING GENERALLY LOCATED AT THE 2200 BLOCK, EAST RYAN RD.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; MAKING FINDINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ( DENTON WEST LIFT STATION UPGRADE) THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION 1. The City Manager, or his designee, is authorized to execute on behalf of the City the Easement Grant and Abandonment Agreement (the "Agreement ") between the City and Owner, in the form as attached as Exhibit "A" and made a part hereof. SECTION 2. The City Manager, or his designee, is authorized to execute, for and on behalf of the City of Denton, any and all documents related to closing the transactions contemplated by the Agreement, including without limitation the documents attached to the Agreement. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY i BY: EASEMENT GRANT AND ABANDONMENT AGREEMENT This Easement Grant and Abandonment Agreement (the "AGREEMENT ") is dated 2015 between DENTON WEST JOINT VENTURE, ( "OWNER "), and the City of Denton, Texas ( "CITY "). WITNESSETH: WHEREAS, DENTON WEST JOINT VENTURE, is the owner of a tract of real property described in a Warranty Deed from Lakewood West Joint Venture, recorded under Clerk's File Number 2011 - 114170, in the Real Property Records of Denton County, Texas ( "PROPERTY "), being affected by the public improvement project called the Denton West LS Upgrade ( "PROJECT "); WHEREAS, CITY is in need of: (i) a certain 0.127 acre easement for lift station purposes, and (ii) a certain 0.052 acre easement for ingress and egress; both easements being in, along, over, upon, under and across a portion of the PROPERTY related to the PROJECT; and (iii) a 0.333 acre tract for street purposes, hereinafter collectively referred to as the "Conveyance Tracts ". WHEREAS, the CITY is amenable, upon the terms, provisions and conditions set forth herein, to abandon the following easements, in exchange for the granting of the Conveyance Tracts to the CITY by OWNER, to -wit: a. That certain sanitary sewer easement, dated on or about May 8, 1972, from M. K. Buchanan to the City of Denton, Texas, recorded in Volume 645, Page 79, Deed Records, Denton County, Texas, (the "Sanitary Sewer Easement "); b. That certain public utility easement, dated on or about June 21, 1971 from M. K. Buchanan to the City of Denton, Texas, recorded in Volume 626, Page 123, Deed Records, Denton County, Texas, (the "Existing Lift Station Easement"); 1 WHEREAS, the Sanitary Sewer Easement and the Existing Lift Station Easement are hereinafter collectively referred to as the "Abandonment Tracts "; WHEREAS, the OWNER and the CITY agree that the Abandonment Tracts and the Conveyance Tracts, in conjunction with the performance of the Work, as defined and stipulated hereinafter in Paragraph 5, are of equal value; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms, conditions, abandonments, quitclaims and conveyances associated with the installation of public utility improvements for the PROJECT, including (i) the conveyance of the lift station easement, by OWNER to CITY, related to same; (ii) the conveyance of a Street Right -Of -Way Donation Deed by OWNER to CITY; (iii) the conveyance of an ingress and egress easement, by OWNER to CITY; (iv) abandonment by CITY of the Abandonment Tracts; (v) installation by CITY of a six foot high concrete masonry -type fence screening around the new Lift Station area, and (vi) relocation of water line by CITY, NOW, THEREFORE, in consideration of the execution of this agreement and the agreements contained therein, which is accepted by both the OWNER and the CITY as if the consideration represented by the agreement were paid in cash, the parties agree as follows: 1. The OWNER shall grant, execute and deliver to the CITY, on or before five (5) days after the Effective Date hereof, a Lift Station easement in, along, over, upon, under and across the tract of land being described in Exhibit "A" and depicted in Exhibit `B ", respectively (the "Lift Station Easement Land ") to that certain Lift Station Easement (herein so called), attached hereto as Attachment 1 and a made part hereof, for Lift Station purposes, as more particularly described therein (the "Lift Station Easement "). OWNER stipulates that CITY is in need of, and OWNER is amenable thereto, the grant of the Lift Station Easement within the time period provided herein, so that the CITY may begin construction of the work contemplated by the PROJECT. 2. The OWNER shall grant, execute and deliver to the CITY, on or before five (5) days after the Effective Date hereof, an Ingress and Egress easement in, along, over, upon, under and 2 across the tract of land being described in Exhibit "A" and depicted in Exhibit "B ", respectively (the "Ingress and Egress Easement Land ") to that certain Ingress and Egress Easement (herein so called), attached hereto as Attachment 2 and a made part hereof, for Ingress and Egress purposes, as more particularly described therein (the "Ingress and Egress Easement "). OWNER stipulates that CITY is in need of, and OWNER is amenable thereto, the grant of the Ingress and Egress Easement within the time period provided herein, so that the CITY may begin construction of the work contemplated by the PROJECT. 3. In anticipation of this agreement the OWNER has granted, executed and delivered to the CITY a Street Right -of -Way Donation Deed, dated August 29, 2014, recorded in the Official Records of Denton County Texas, Document No. 2014 -91669 on September 9, 2014, granting all of that certain tract or parcel of land containing an approximately 0.333 acre of land, situated in the City of Denton, Denton County, Texas, copy of which is attached hereto as Attachment 3 and made a part hereof (the "Street Donation Deed "). 4. The CITY shall execute and deliver to the OWNER, within the time period prescribed below, the Abandonment, Release & Quitclaim (the "Release ") of the Abandonment Tracts, in the form of the Release attached hereto and made a part hereof as Attachment 4. The CITY, by and through the City Manager, or his designee, shall execute and deliver to OWNER the Release, upon the completion, and acceptance by the CITY, of the installation of the public improvements contemplated by the PROJECT. OWNER stipulates and agrees that CITY is in need of the Abandonment Tracts, until it completes the installation of the public improvements contemplated by the PROJECT. Upon acceptance of the public improvements contemplated by the PROJECT, the CITY stipulates and agrees the Existing Lift Station shall be taken off line, dismantled and demolished. 5. The "Work: a) The new Lift Station area shall be screened by a 6 foot high concrete masonry -type fencing product, at CITY's sole cost and expense. 3 b) At the CITY's sole cost and expense, a one inch (1 ") tap loop and meter can, shall be installed on the south side of Ryan Road. CITY to provide water service to the existing mobile home and shop building. This water meter service installation to be field sited in close proximity to the present water service line for the existing mobile home /shop building. 6. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 7. The date on which this Agreement is executed by the last to sign of the parties shall be the "Effective Date" of this Agreement. 8. In the event a party shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice: By CITY to OWNER at: 3939 Teasley Ln. Denton, TX 76210 -8492 Attn: R. J. Button By OWNER to CITY at: 215 E. McKinney Denton, TX 76201 Attn: Larry Collister, Deputy City Attorney and opportunity to cure, the non - defaulting party may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance or termination of this Agreement. 9. Each party represents and warrants that it has taken all actions necessary to authorize the person executing this Agreement to bind it, in all respects, to all terms and provisions of this Agreement, that such person possesses the authority to execute this Agreement and bind its rd party hereto, and that this Agreement is binding and enforceable upon it in accordance with the terms hereof. 10. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. CITY OF DENTON, TEXAS IN GEORGE C. CAMPBELL, CITY MANAGER Date: 2015 ATTEST: JENNIFER WALTERS, CITY SECRETARY Date: 2015 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Date: �j� , 2015 5 OWNER: DENTON WEST JOINT VENTURE, IC R. J. Button, Manager Date: , 2015 Attachment I To Easement Grant and Abandonment Agreement NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SANITARY SEWER AND LIFT STATION EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT, DENTON WEST JOINT VENTURE, (Grantor) whose mailing address is 3939 Teasley Ln., Denton Texas 76210 -8492, in consideration of the payment of the sum of Ten Dollars and No Cents ($10.00), in hand paid by the City of Denton, Texas, a home rule municipal corporation (City), receipt and sufficiency of which is hereby acknowledged, does GRANT, GIVE and CONVEY to the City a sanitary sewer and lift station easement across the real property owned by Grantor, situated in the City of Denton, Denton County, Texas, as more particularly described in Exhibit "A ", and as depicted in Exhibit "B" both of which are attached hereto and made a part hereof for all intents and purposes. The grant made includes and is subject to the following: 1. This easement grants to the City the right to construct, install, reconstruct, repair, relocate, operate: sanitary sewer and lift station equipment and systems, and their collective related utilities, facilities and appurtenances, in, on, over, under and across the easement tract depicted in Exhibit "B ". 2. Building and Structures. Grantor shall not construct, erect or place any buildings, signs, or other permanents structures, or portions thereof, in on, or over the easement tract described herein. If the Grantor constructs or places buildings, signs, parking lots, driveways, private walkways, or other structures or improvements over the easement after execution of this easement document, the City may remove all or part of the structures and improvements as necessary to construct, reconstruct, replace, repair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the structures or improvements and without any liability to Grantor including the obligation to make further payment to Grantor. 3. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial construction, the City will remove or relocate the fence or gate at City of Denton expense. The City, at its discretion, shall erect and maintain a perimeter fence or enclosure surrounding the Lift Station area depicted in Exhibit "B ". 4. Access. For the purposes of exercising its rights, the City shall have access to the easement by way of existing public property or right -of -way and not from other lands owned by Grantor outside the subject easement, unless additional means of access is a quantified component of this grant or subsequently acquired. 5. Grantor's Rights. Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purposes granted, subject to the restrictions contained herein. 6. Successors and Assigns. This grant shall run with the land and shall be binding upon the parties and their heirs, successors and /or assigns. Witness my hand this day of By: DENTON WEST JOINT VENTURE In R. J. Button Its: Manager 2015. ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § Before me, the undersigned authority, on this day personally appeared of DENTON WEST JOINT VENTURE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated as the act and deed of said DENTON WEST JOINT VENTURE. Given under my hand and seal of office, this day of Accepted this day of (Resolution No. 91 -073) By: Paul Williamson, Real Estate Capital Support Manager AFTER RECORDING RETURN TO: CITY OF DENTON Department of Engineering and Development Services Paul Williamson 901 -A Texas Street Denton, TX 76209 2015. Signature of Notary Public Printed Name of Notary Public Notary Public, State of 2015, for the City of Denton, Texas DESCRIPTION 0.127 of an Acre BEING a tract of land situated in the Jeremiah Fisher Survey, Abstract No. 421, City of Denton, Denton County, Texas, and being a portion of a called 56.014 acre tract of land, conveyed to Denton West Joint Venture, as evidenced in a Warranty Deed, recorded in Instrument No. 2011 - 114170, Official Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with plastic cap stamped "KHA" set on the north side of an asphalt road, known as Ryan Road, an apparent public right of way, no record found, for the southwest corner of said called 56.014 acre tract, common to the southeast corner of a called 20 acre tract of land described in the deed to James L. Helm, recorded in Volume 381, Page 256, Deed Records of Denton County, Texas, and from which, a found 5 /8-inch iron rod, bears South 26 °11' West, 5.02 feet; THENCE North 00 °32'08" East along the westerly line of said called 56.014 acre tract and along the easterly line of said called 20 acre tract, a distance of 35.12 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the beginning of a non - tangent curve to the left having a central angle of 1 °11'56 ", a radius of 4169.19 feet, and a chord bearing and distance of North 86 °33'00" East, 87.24 feet; THENCE in a northeasterly direction, departing the easterly line of said called 20 acre tract, and crossing said called 56.014 acre tract, an arc distance of 87.24 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for comer at the end of said curve; THENCE North 85 °57'02" East, continuing across said called 56.014 acre tract, a distance of 468.01 feet to a 5/8 inch iron rod with a plastic cap stamped "KHA" set for corner at the beginning of a tangent curve to the right having a central angle of 3 °20'45 ", a radius of 1755.00 feet, and a chord bearing and distance of North 87 °37'18" East, 102.47 feet; THENCE in a northeasterly direction, continuing across said called 56.014 acre tract, with said curve to the right, passing at an arc distance of 53.40 feet the northwest comer of a Water, Sanitary Sewer, & Drainage Easement recorded In Instrument No. 2014 - 103667, Official Public Records, Dallas County, Texas, continuing along the same course and along the northerly line of said Easement for a total arc distance of 102.48 feet to a point for comer at the end of said curve; THENCE North 89 °17'40" East, continuing across said called 56.014 acre tract and the northerly line of said Easement, a distance of 474.64 feet.to the POINT OF BEGINNING; THENCE North 18 °10'22" East, departing the northerly line of said Easement and continuing across said called 56.014 acre tract, a distance of 73.98 feet to a point for corner; THENCE North 89 °17'40" East, continuing across said called 56.014 acre tract, a distance of 67.28 feet to a point for corner; THENCE South 0 °46'53" East, continuing across said called 56.014 acre tract, a distance of 70.00 feet to a point for corner; THENCE South 89 °17'40" West, continuing across said called 56.014 acre tract, passing at 2.15 feet the northeast corner of said Easement, continuing along the same course and along the northerly line of said Easement for a total distance of 91.31 feet to the POINT OF BEGINNING and containing 0.127 of an acre (5,551 square feet) of land,. more or less. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. CERTIFICATION 1, the undersigned registered professional land surveyor, do declare that the plat shown hereon represents a boundary survey made on the ground under my supervision of the tract or parcel of land, according to the map or plat and /or deeds thereof, indicated hereon. MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972 -335 -3580 michael.marx @kimley - hom.com ........................... MICHAEL B. MARX ,0 5181 <1 •. 9 �P 0 9y� S EXHIBIT A CITY OF DENTON SANITARY SEWER EASEMENT JEREMIAH FISHER SURVEY ABSTRACT NO. 421 CITY OF DENTON DENTON COUNTY, TEXAS ra INAWAN RVI MAMA R 19Rl90lri 9-99 PM nW(3 NAMF KAFRI RI fRVrYAn89Anfi70A_TFARI FY TRAIL R PHARF AlnWG1PH A LEGEND A = CENTRAL ANGLE P.Q.C. = POINT OF COMMENCING P.O.B. =POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W /CAP FOUND PKF = PK NAIL FOUND D.R.D.C.T. = DEED RECORDS OF DENTON COUNTY, TEXAS O.R. D.C.T. =OFFICIAL RECORDS OF DENTON COUNTY, TEXAS P,R.D.C.T. = PLAT RECORDS OF DENTON COUNTY, TEXAS NOTE: Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. NORTH 0 50 100 GRAPHIC SCALE IN FEET Y' I JEREMIAH FISHER SURVEY ' C) ABSTRACT NO. 421 w I � J Z REMAINDER OF A U I z CALLED 56 014 ACRES 0 DENTON MST JOINT VENTURE I O JEREMIAH FISHER SURVEY 0 INST. NO. 2011-114170 m ABSTRACT NO. 421 w° O R.D.C.T. Q Q ° 0- 3 = U a d ui APPROXIMATE LOCATION = _' OF ABSTRACT LINE t9 > ° w A =3 °20'45" WATER, SEWER, 8 I REMAINDER 0) � ¢¢ R= 1755,00' DRAINAGE EASEMENT L =102.48' ' CALLED 20 ACRES RE JAMESL KELM a W d } INST. No.2014- 103667, CB= N87'37'18 "E O.P.R.D.C.T. Q VOLUME 381, PAGE 258 D.R.D CT. p =1 °11'56" °-'D C =102.47' w I R= 4169.19' L=87,24' IRSC (KHA) N89'1 7'40"E Z CB =N86 °33'00 "E N85 °57'02 'E — `� — J 474.64' `j IRSC (KHA) —� C =87.24 468.01' _ I 35.12' IRSC (KHA) I t IRSC (KHA) ^� --~�' RYAN ROAD PKF 1 2 ^ UJ PolNroF _ IELI ICKE TT SURVEY z 0 5/8" IRF BEARS COMMENCEMENT 1� � 0 S26 °1VW, 5.02' TRACT NO. 1018 0 b •- 5/8" IRFC ACOBS" - � RIGHT -OF -WAY DEDICATION -0 z Q a Q — ~LOT 1, BLOCKS BY FOREST MEADOW, PHASE 2 w F 0 1 N o INST. NO. 2014- 268,P,R.D,CT, u K a'6 o , UNDEVELOPED COMMON AREA _ Q O q° z 0 (DE) LOT 2, BLOCK B } iI LOT 1, BLOCK W z o. W I FOREST MEADOW PHASE2 FOREST MEADOW 4 FOREST MEADOW I je 'J FOREST INST. NO. 2014-268 PHASE2 Co PHASE2 g z? RR.D.C.T. INST. N0.2014 -268 X INST. NO. 2014-268 W P.R.D.C.T. 0 (n P.R.D.C.T. I MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972.335 -3580 michael.marx@kimley-horn.com EXHIBIT B CITY OF DENTON SANITARY SEWER EASEMENT JEREMIAH FISHER SURVEY ABSTRACT NO. 421 CITY OF DENTON DENTON COUNTY, TEXAS NAWAN RYI VIANA R/2Q/2M15 2.3n PM n", NA&AF K-VFR I RI IRVFVInrQ'A(197nR -TFARI FV TRAII C PHARF g1nVdrkPH A WFST.IV SRF.nWr. LEGEND A = CENTRAL ANGLE P.O.C. = POINT OF COMMENCING P.O. B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W /CAP FOUND PKF = PK NAIL FOUND D.R.D.C.T. = DEED RECORDS OF DENTON COUNTY, TEXAS O.R.D.C.T. = OFFICIAL RECORDS OF DENTON COUNTY, TEXAS P.R.D.C.T. = PLAT RECORDS OF DENTON COUNTY, TEXAS NOTE: Bearing system based on the Texas Coordinate System of 1983, North Central Zane (4202), North American Datum of 1983. JEREMIAH FISHER SURVEY • ABSTRACT N0.421 REMAINDER OF A CALLED 66.014 ACRES 16' SANITARY SEWER EASEMENT I DENTON WEST JOINT VENTURE VOLUME 645, PAGE 0079, O.R.D.C.T. INST. NO. 2011- 114170 (TO BE ABANDONED AFTER NEW O.R.D.C.T. LIFT STATION IS ON -LINE AND ! FACILITIES ARE REMOVED) / / I / SANITARY SEWER EASEMENT UTILITY EASEMENT ! 0.127 ACRES VOLUME 626, PAGE ED 0123, A T R D C.T. J ) 5,551 SQ. FT. (TO HE ABANDONED AFTER NEW / I LIFT STATION IS ON -LINE AND N18 °10'22 "E i °'0 "E FACILITIES ARE REMOVED) 73.98' ACCESS EASEMENT (BY SEPARATE WST j �WER,B DRAWAG&EASEMENT SQ °46'53 "E INST. No.2014- 103667,• O.P.R.D.C.T. 70.00' N89' 17'40 "E 474.64' 91.31Z I aorlvroF S89 °17'4 J BEGINNING CENTERLINE OF EXISTING RYAN ROAD (NO RECORD FOUND) � RYAN ROAD J Q • AP PKF PROXIMATE LOCATION I NORTHWEST CORNER OF OF ABSTRACT LINE . HICKORY CREEK HEIGHTS ` CABINET N, PAGE 101 1 P.R.D.C.T. PORTION OF HICKORY CREEK HEIGHTS I CALLED 56.014ACRES CABINET N, PAGE 101 ---, DENTON MST NEST JOINT VENTURE INST, NO, 2011- 114170 I P.R. D.C.T. O.R.D.C.T. I I I e ELI PICKETT SURVEY — ABSTRACT NO. 1018 I I CERTIFICATION I, the undersigned registered professional land surveyor, do declare that the plat shown hereon represents a boundary survey made on the ground under my supervision of the tract or parcel of land, according to the map or plat and /or deeds thereof, indicated hereon. MICHAEL MARX I REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972 - 335 -3580 michael.marx@kimley-horn.com GUNAWAN. SYLVIANA 6/29/2015 2:31 PM DWG NAME K TR `1115 —y 1;NORTH 0 50 100 GRAPHIC SCALE W FEET EXHIBIT B CITY OF DENTON SANITARY SEWER EASEMENT JEREMIAH FISHER SURVEY ABSTRACT NO. 421 CITY OF DENTON DENTON COUNTY, TEXAS 3 SEPARATE INSTRUMENTS1069306706DENTON WESTJV SSE DWG Attachment 2 To Easement Grant and Abandonment Agreement NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. INGRESS AND EGRESS ACCESS EASEMENT THE STATE OF TEXAS, § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: THAT Denton West Joint Venture, a Texas Joint Venture, (GRANTOR), in consideration of the Easement Grant and Abandonment Agreement between Grantor and the City of Denton, a Texas home -rule municipal corporation ( "City "), dated , 2015, including the documents contained therein, which is accepted by Grantor as if the consideration represented by the agreement were paid in cash, does by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by GRANTOR and situated in Denton County, Texas, as more particularly described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and made a part hereof. And it is further agreed that the City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of ingress and egress in, along, upon and across said premises, with the right and privilege at all times of the GRANTEE herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises or any part thereof. GRANTEE shall have the right to grade, pave and.maintain pavement improvements at GRANTEE'S discretion within the above described tract, but is under no obligation to do so. GRANTOR shall have the right to grade, pave and maintain pavement improvements at GRANTOR's discretion within the above described tract but is under no obligation to do so. GRANTOR shall not be liable for damages to pavement improvements installed at GRANTEE's discretion. GRANTEE shall not be liable for damages to pavement improvements installed at GRANTOR's discretion. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness its hand, this day of , 2015. GRANTOR: DENTON WEST JOINT VENTURE a Texas Joint Venture By: R. J. Button Its: 2 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § This instrument is acknowledged before me, on this day of , 2015 by by R. J. Button, on behalf of Denton West Joint Venture, a Texas Joint Venture. Notary Public, in and for the State of My Commission Expires: Accepted this day of , 2015 for the City of Denton, Texas (Resolution No. 91 -073). I Paul Williamson Real Estate & Capital Support Manager AFTER RECORDING RETURN TO: City of Denton Engineering Services Attn: Paul Williamson 901 -A Texas Street, Second Floor Denton, Texas 76209 DESCRIPTION 0.052 of an Acre BEING a tract of land situated in the Jeremiah Fisher Survey, Abstract No. 421, City of Denton, Denton County, Texas, and being a portion of a called 56.014 acre tract of land, conveyed to Denton West Joint Venture, as evidenced in a Warranty Deed, recorded in Instrument No. 2011 - 114170, Official Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with plastic cap stamped "KHA" set on the north side of an asphalt road, known as Ryan Road, an apparent public right of way, no record found, for the southwest corner of said called 56.014 acre tract, common to the southeast corner of a called 20 acre tract of land described in the deed to James L. Helm, recorded in Volume 381, Page 256, Deed Records of Denton County, Texas, and from which, a found 5/8 -inch iron rod, bears South 26 "11' West, 5.02 feet; THENCE North 00 °32'08" East along the westerly line of said called 56.014 acre tract and along the easterly line of said called 20 acre tract, a distance of 35.12 feet to a 5/8 inch iron rod With plastic cap stamped "KHA" set for corner at the beginning of a non - tangent curve to the left having a central angle of 1 °11'56 ", a radius of 4169.19 feet, and a chord bearing and distance of North 86 °33'00" East, 87.24 feet THENCE in a northeasterly direction, departing the easterly line of said called 20 acre tract, and crossing said called 56,014 acre tract, an are distance of 87.24 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the end of said cure; THENCE North 85 °57'02" East, continuing across said called 56.014 acre tract, a distance of 468.01 feet to a 5/8 inch iron rod with a plastic cap stamped "KHA" set for corner at the beginning of a tangent cure to the right having a central angle of 3 °20'45 ", a radius of 1755.00 feet, and a chord bearing and distance of North 87 °37'18" East, 102.47 feet; THENCE in a northeasterly direction, continuing across said called 56.014 acre tract, with said cure to the right, passing at an are distance of 53.40 feet the northwest corner of a Water, Sanitary Sewer, & Drainage Easement recorded in Instrument No. 2014 - 103667, Official Public Records, Dallas County, Texas, continuing along the same course and along the northerly line of said Easement for a total are distance of 102.48 feet to a point for comer at the end of said cure; THENCE North 89 °17'40" East, continuing across said called 56.014 acre tract and along the northerly line of said Easement, a distance of 454.11 feet to the POINT OF BEGINNING; THENCE North 0 °46'53" West, departing the northerly tine of said Easement and continuing across said called 56.014 acre tract, a distance of 70.00 feet to a point for comer; THENCE North 89 °17'40" East, continuing across said called 56.014 acre tract, a distance of 44.56 feet to a point for corner; THENCE South 18 °1022" West, continuing across said called 56.014 acre tract, a distance of 73.98 feet to a point for comer on the northerly line of said Easement; THENCE South 89 °17'40" West, continuing across said called 56.014 acre tract and along the northerly line of said Easement, a distance of 20.53 feet to the POINT OF BEGINNING and containing 0.052 of an acre (2,278 square feet) of land, more or less. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. CERTIFICATION I, the undersigned registered professional land surveyor, do declare that the plat shown hereon represents a boundary survey made on the ground under my supervision of the tract or parcel of land, according to the map or plat and /or deeds thereof, indicated hereon. MICHAEL MARX I REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972- 335 -3580 michael.marx@kimley-horn.com .......... MICHAEL B. MARX ................... y ,0 5181 <,9y0 F�gS� � S U R ��tl 1.1 EXHIBIT A CITY OF DENTON ACCESS EASEMENT JEREMIAH FISHER SURVEY ABSTRACT NO. 421 CITY OF DENTON DENTON COUNTY, TEXAS rNSTRUMENTS1069306706 DENTON VVEST JV AE.D WG } U) C) w- -O j z �U 0 o-� Z� �Q tY CL U REMAINDER OFA CALLED 20 ACRES JAMES L. HELM VOLLIME 381, PACE 256 D RA C.T. IRSC (KHA) No °32'08 "E - 36.12' IRSC (KHA) 518" IRF BEARS 526.11 -W. 5.02' ! JEREMIAH FISHER SURVEY ABSTRACT NO. 421 APPROXIMATE LOCATION OF ABSTRACT LINE I R= 4169.19' L= 87.24' CB =N86 °33'00 'E C=—J/ ' IRS POINT OF COMMENCEMENT 5/8" IRFC "JACOBS "�. LOT 1, BLOCK UNDEVELOPED COMMON AREA (DE) FORESTMEADOWPHASE2 INST. NO. 2014-268 P.R.D.C.T. LEGEND A = CENTRAL ANGLE P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRSC = 518" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W /CAP FOUND PKF = PK NAIL FOUND D.R.D.C.T. = DEED RECORDS OF DENTON COUNTY, TEXAS O.R.D.C.T. = OFFICIAL RECORDS OF DENTON COUNTY, TEXAS P.R.D.C.T. = PLAT RECORDS OF DENTON COUNTY, TEXAS MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972 - 335 -3580 michael.marx@kimley-horn.com GUNAWAN. SYLVIANA 6/29/2015 226 PM DWG NAME K:1FR g w C3 > w IL Q J ww Oa12 am NOTE: Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. NORTH 0 50 100 GRAPHIC SCALE IN FEET JEREMIAH FISHER SURVEY ABSTRACT NO. 421 I REMAIN DER OF A ` CALLED 56.014 ACRES I DENTON WEST JOINT VENTURE INST. NO. 2011 - 114170 O.RDCT. A =3 °20'45" R= 1755.00' L= 102.48' CB= N87 °37'18"E C= 102.47' IRSC (KHA) NB5 °5 468.01' WATER, SEWER,& I DRAINAGE EASEMENT INST. No. 2014- 103667, ' O.P,R.D.C.T. ABSTRACT NO, 1018 n Q w r > �^ LU I —o- N89 °17'40 "E _ Z 454.11' ° o o N PHASE I — — 0 1 o INST. NO.2014- 266,P.R,D.0 T. O to 0 0 LOT 2, BLOCK B of H LOT 1, BLOCK C I RYAN ROAD LPKF 1 w of ELI PICKETT SURVEY c ABSTRACT NO, 1018 n w r > �^ z n p 7 LLaF7 Z I RIGHT -OF -WAY DEDICATION BY FOREST MEADOW, 2 ° o o N PHASE I 0 1 o INST. NO.2014- 266,P.R,D.0 T. O to 0 0 LOT 2, BLOCK B of H LOT 1, BLOCK C I O w? O o ". w� F O FOREST MEADOW Uj 0 FOREST MEADOW n a Z (n ? I PHASE2 m a x PHASE2 4 2014-268 p LY v INST. N0.2094 -268 f- o INST. NO. T. P,R.D,C.T. 0 (/) a P.R.D.0 I EXHIBIT B CITY OF DENTON ACCESS EASEMENT JEREMIAH FISHER SURVEY ABSTRACT NO. 421 CITY OF DENTON DENTON COUNTY, TEXAS 3 LINE TABLE NO, BEARING LENGTH Ll N00 °4653 'W 70.00' L2 N89 °17'40 "E 44.56' L3 S18 °10'22 'W 73.98' L4 I S89 °17'40 'W 20.53' NOTE: Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. 1 r a / O' c�}s 4, 16 SANITARY SEWER EASEMENT VOLUME 645, PAGE 0079, O.R.D.C.T. (TO BE ABANDONED AFTER NEW LIFT STATION IS ON -LINE AND FACILITIES ARE REMOVED) REMAINDEROFA / CALLFD 56 014 ACRES / DEN INS LIRE T O 1 114170 NR D T NORTH 0 50 100 GRAPHIC SCALE IN FEET LEGEND A = CENTRAL ANGLE P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD VV/CAP FOUND PKF = PK NAIL FOUND D.R,D.C.T. = DEED RECORDS / OF DENTON COUNTY, TEXAS UTILITY EASEMENT O.R.D.C.T. = OFFICIAL VOLUME 626, PAGE 0123, O.R.D.C.T. (TO BE ABANDONED AFTER NEW / SRNITARY SEWER EASEMENT RECORDS OF DENTON LIFT STATION IS ON -LINE AND / FOR LIFT STATION COUNTY, TEXAS • FACILITIES ARE REMOVED) L2 (BY SEPARATE INST.). P.R.D.C.T. = PLAT RECORDS WATER, S EWER, & OF DENTON COUNTY, TEXAS DRAINAGE EASEMENT / INST. No 2014- 103667, -j -1 < ' 0 -P.R.D C.T. Lij N89 °17'40 "E 454 .11 ' P.o.s. ACCESS EASEMENT I - — J -j L4 I - 0.052 ACRES Z J • 2,278 SQ. FT. rCENTERLINEOF EXISTING RYAN RECORD FOUND) h RYAN ROAD — • PIT-1 APPROXIMATE LOCATION NORTHWEST CORNER OF OF ABSTRACTLINE • HICKORY CREEK HEIGHTS CABINET N, PAGE 101 P.R D.C.T. PORTION OF I HICKORY CREEK HEIGHTS CALLED 56.014ACRES CABINET N, PAGE 101 DENTON WEST JOINT VENTURE r INST. N0.2011- 114170 I 1 - P.R.D.C.T. O.R.D.C.T. ELI PICKETT SURVEY ABSTRACT NO. 1018 1 � J CERTIFICATION I, the undersigned registered professional land surveyor, do declare that the plat shown hereon represents a boundary survey made on the ground under my supervision of the tract or parcel of land, according to the map or plat and/or deeds thereof, indicated hereon. MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972 -335 -3580 michael.marx @kimley- horn.com SYLVIANA 6/29/2015 2:41 PM Lr, TRAILS PHASE -11I EXHIBIT B CITY OF DENTON ACCESS EASEMENT JEREMIAH FISHER SURVEY ABSTRACT NO. 421 CITY OF DENTON DENTON COUNTY, TEXAS 3SEPARATE Attachment 3 to Easment Grant and Abandonment Agreement Denton County Cynthia Mitchell County Clerk Denton, TX 76202 70 201q 000916G9 Instrument Number: 2014 -91669 As Recorded On: September 09, 2014 Deed Parties: DENTON WEST JOINT VENTURE Billable Pages: 5 To Number of Pages: 5 Comment: ( Parties listed above are for Clerks reference only ) ** THIS IS NOT A BILL ** Deed 42.00 Total Recording: 42.00 * * * * * * * * * * ** DO NOT REMOVE, THIS PAGE IS PART OF THE INSTRUMENT * * * * * * * * * * ** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2014 -91669 UTILITIES & GIP ENGINEERING Receipt Number: 1205058 901 -A TEXAS STREET Recorded Date/Time: September 09, 2014 01:28:30P ATTN PAUL WILLIAMSON DENTON TX 76209 User / Station: M Barnett - Cash Station 4 THE STATE OF TEXAS) o °tr COUNTY OF DENTON) I hereby certify that thls Instrument was FILED In the File Number sequence on the dato/llmo printed heron, and was duly RECORDED In the Official Records of Denton County, Taxes. 188 County Clerk ''�...»... Denton County, Texas 1 of 5 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. STREET RIGHT -O&WAY DONATION DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT Denton West Joint Venture, (whose mailing address is 3939 Teasley Ln., Denton, Texas 76210 -8492) whether one or more, hereinafter called "Grantor," for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to Grantors in hand paid by the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter called "Grantee," the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, express or implied, does GRANT, GIVE and CONVEY unto the Grantee all of that certain tract or parcel of land containing approximately 0.333 acre of land, situated in the City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" and as illustrated in Exhibit "B ", both of which are attached hereto and made a part hereof for all purposes, together with all improvements situated thereon and all, and singularly the rights and appurtenances thereto and any and all right, title and interest of Grantor in and to any adjacent streets, alleys or rights-of-way, hereinafter collectively called the "Property." It is acknowledged and agreed that Grantee is acquiring the Property for the purpose of permitting Grantee or its agents or assigns to construct, maintain, repair and operate thereon street, highway, right -of -way, drainage improvements, utilities and other related improvements. Grantor hereby waives any and all right for compensation for the property interests conveyed to Grantee hereunder, including without limitation, the right or claim to severance damages, or any damages to, or diminution in value of, other lands belonging to Grantor, that may be claimed or asserted by virtue of such acquisition of the Property by Grantee. Grantor does hereby further reserve for Grantor and Grantor's heirs and assigns forever any and all oil, gas and other minerals in and under and that may be produced from the Property, without the right of access to the surface of the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns, forever. Grantor does hereby bind Grantor and Grantor's heirs, successors, executors and assigns, to warrant and forever defend, all and singular the Property unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. EXECUTED this Z f .__.� day of! t fj' A".'__ , 2014. By: Denton West Joi e By: Print Name: Print 'Title: ACKNOWLEDGMENT THE STATE OF M t Char § COUNTY OF C'h4de1) 01 ,vL Before me, the undersigned authority, on this day personally appeared J -8i t &I of Denton West Joint Venture known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed, in the capacity therein state and as the act and deed of said Denton West Joint Venture. Given under my hand and seal of office on this o2V6 day of , 20L• SHARI K JONES NOTARY PUBLIC- CHARLEVOIX COUNTY, MI MYCOMMISSION EXPIRES: q -1-1 _5��JLM jz_u� Signature of Notary Public .SA" P. jvneS Printed Name of Notary Public Notary Public, State of M I ch 19 4n Accepted this "1" day of /O> i✓j_e °+� , 2014 for the City of Denton, Texas (Resolution No. 91 -073). tE;j�k 6U Paul Williamson Real Estate & Capital Support Manager AF1'i R RECORDING RETURN TO: u nuTIES & CIP ENGINEERING 901 -A Texas Street Denton, Texas 76209 Attention: Paul Williamson EXHIBIT "A" LEGAL DESCRIPTION Denton West Joint Venture Tract BEING a 0.333 acre tract of land situated in the Eli Pickett Survey, Abstract No. 1018, City of Denton, Denton County, Texas, and being part of a called 57.25 acre tract of land described in a Deed to Denton West Joint Venture, as recorded in Document No. 2011 - 114170 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a "PK" nail found for corner in Ryan Road, a variable width right -of -way, at an interior ell corner of the above cited 57.25 acre tract, said point being the Northeast corner of Forest Meadow Phase 2, per the Final Plat recorded in Document No. 2014 -268 of the Plat Records of Denton County, Texas, from which a 1/2 inch capped iron rod found for the Northwest corner of said Forest Meadow Phase 2 bears South 89 °00'20" West a distance of 726.65 feet; THENCE North 88 °42'53" East along said Ryan Road, for a distance of 300.82 feet to a "PW nail found for an interior ell corner of said 57.25 acre tract and the Northwest corner of Hickory Creek Heights, per the Final Plat recorded in Cabinet N, Page 101 of the Plat Records of Denton County, Texas, from which a "PK" nail found for the Northeast corner of said Hickory Creek Heights bears North 88 °46'35" East a distance of 500.02 feet; THENCE South 01 °04'03" East departing said Ryan Road, and along the common line between said 57.25 acre tract and said Hickory Creek Heights, passing the Northwest corner of Lot 1, Block A per said Plat of Hickory Creek Heights at a distance of 34.58 feet, and continuing along said common line for a total distance of 49.72 feet to a "PK* nail set for corner; THENCE South 89 °17'02" West departing the common line between said 57.25 acre tract and said Hickory Creek Heights, for a distance of 300.72 feet to a 5/8 inch iron rod with cap stamped "Jacobs" found for corner in the common line between said 57.25 acre tract and said Forest Meadow Phase 2, said point being the Northeast corner of Lot 1, Block C per said Plat of Forest Meadow Phase 2; THENCE North 01 °1119" West along the common line between said 57.25 acre tract and said Forest Meadow Phase 2, for a distance of 46.73 feet to the POINT OF BEGINNING, and containing 0.333 acres of land, more or less. .��4lSTfq�o1 TODDB. TURNER ................ Todd B. Turner, R.P.L.S. No. 4859 s° 4859 Date: August 25, 2014 % 10 off. T.B.P.L.S. Firm No. 10011601 9 %�.sN: •'j-1 u Op O N ti cot 'od 'N BV� - n�'o•a,os �,,.. O MUG N3AVH)IHVd V V) r� `� -lws3 ui nx — i Q p (... cD to E.. W i Y �ypr. i t It �W zQW� 1 10 p , W W �= LLJ LL C) F JpU/V !f' l O U O 1 r O O yd0 1 i U {i jj�� \ :F) ` 0 ti � ��' N un,s CC �_/ - - -- Q �u CL ccz� v 1 W O tw.. w a rw Fa uj �QZawa �a o $ N ti (1 �7 G Opa>2v a� N z uW�`� r o LL z N M UQ t�1z ^V � p�0 � LLww w g I�+ ohoq `� Wual :CZ) 3z wox M �\ $ V o �K�Ot1. Cam' az�Fc�fia) w0 \N r wwwza �U�WU hzx W a '� (�J x ow co ram W pippp lMei co z ci l� a r , (wJ 00 • "/ Q U q �� Op{OLZ� Q T �z IwL WIQy °a�a7da� aW tti � oYaOUi��i a�� o SS8z0 0� Z to a� g a ° t in 2tt0 .�F Ip=�Yw O G o �...rr °o r g �n!"Q oUa��jLL mr1F Q1 .e qS z U y LL d eo 82 R Z 1 y C `s5i� k_x a� i ; 0 z °UQ,N Z Z �� I) �O No'> QU ° �< a m 11 Nao uj c g \ y \ ------------ — Q 89Z-ht0 'ON'00(7-'MV8,09 W 133tas Aunmou 6 I a•. AIFAOM Attachment 4 to Easement Grant and Abandonment Agreement ABANDONMENT, RELEASE & QUITCLAIM THE STATE OF TEXAS, § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: THIS Abandonment, Release & Quitclaim (herein so called) is dated as of the date set forth below, from the City of Denton, Texas (the "City "), and accepted by DENTON WEST JOINT VENTURE (the "Owner "). WHEREAS, Owner is the owner of a certain tract of real property described in a Warranty Deed from Lakewood West Joint Venture, recorded under Clerk's File Number 2011- 114170, in the Real Property Records of Denton County, Texas (the "Property "); WHEREAS, the PROPERTY is encumbered by the following easements: a. That certain public utility easement, dated on or about June 21, 1971 from M. K. Buchanan to the City of Denton, Texas, recorded in Volume 626, Page 123, Deed Records, Denton County, Texas, as affecting Tract One, as referred to therein (the "Existing Lift Station Easement "); b. That certain sanitary sewer easement, dated on or about May 8, 1972 from M. K. Buchanan to the City of Denton, Texas, recorded in Volume 645, Page 79, Deed Records, Denton County, Texas, (the "Sanitary Sewer Easement "); WHEREAS, the Existing Lift Station Easement, and the Sanitary Sewer Easement are hereinafter collectively referred to as the "Abandonment Tracts "; WHEREAS, pursuant to that certain Easement Grant and Abandonment Agreement, City of Denton Ordinance No. 2015- _, the Denton City Council authorized the City Manager, or his designee, to enter into this Abandonment, Release & Quitclaim for the express purpose of releasing the Abandonment Tracts, said release releasing the Abandonment Tracts both attached hereto and made a part hereof for all purposes. NOW, THEREFORE, in consideration of the Easement Grant and Abandonment Agreement between the City and Owner, dated , 2015, including the documents contained therein, which is accepted by City as if the consideration represented by the agreement were paid in cash, the City, subject to the terms and reservations hereof, does by these presents, abandon, release and quitclaim unto Owner, its successors and assigns, all of its right, title and interest in and to the Abandonment Tracts. Executed this day of , 2015. CITY OF DENTON, TEXAS By: GEORGE C. CAMPBELL, CITY MANAGER Date: 2015 ATTEST: JENNIFER WALTERS, CITY SECRETARY : Date: 2015 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Date: 2015 2 DENTON WEST JOINT VENTURE Name: Title: Date: THE STATE OF TEXAS § COUNTY OF DENTON § 2015 ACKNOWLEDGMENT Before me, the undersigned authority, on this day personally appeared of DENTON West Joint Venture, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed; in the capacity therein stated as the act and deed of said DENTON WEST JOINT VENTURE. Given under my hand and seal of office, this day of ,2015. My commission expires: 3 Signature of Notary Public Printed Name of Notary Public Notary Public, State of ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of , 2015 by George C. Campbell, City Manager, City of Denton, Texas, a home rule municipal corporation on behalf of said City. UPON RECORDATION RETURN TO: DENTON WEST JOINT VENTURE 3939 Teasley Lane Denton, Texas 76210 -8492 Attn: R. J. Button Notary Public, in and for the State of Texas My Commission expires: M DR VOL 00626 PAGE 123 indonment Tracts 1 of 5 THE STATE OF TEXAS, � rj�: 4' i KNOW ALL 1ltEN 1f3Y THESE PRESENTS: COUNTY OF DENTON I THAT M. K. BUCHANAN of DENTON COUNTY, TEXAS , in consideration of the sum of - - - -- -TEN AND NO/ 100 ($ 10. 0 ) DOLLARS - - -- and other good and valuable consideration in hand paid by THE CITY OF DENTON, TEXAS receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to THE CITY OF DENTON, TEXAS , tha free and' uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by ME . Situated in DENTON County, Texas, in the Survey, Abstract No. ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS, BEING A PART OF THE J. FISHER SURVEY, ABSTRACT NO. 421, AND BEING A PART OF A TRACT OF LANID CONVEYED BY J. T. STUART AND WIFE, ELIZABETH STUART TO HARRY M. GREEN AND W. B. DAVID HUNT BY DEED DATED APRIL 18, 1967,.-AND RECORDED IN VOLUME 553, PAGE 482 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING tiOR!: PARTI- CULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH RIGHT OF WAY LINE OF RYAN ROAD, SAID POINT OF BEGINNING BEING 950.10 FEET SOUTH 890 57' t-,EST AND 30.0 FEET NORTH 00 031 EAST OF THE SOUTHEAST CORNER OF SAID TRACT; THENCE NORTH 0° 03' WEST A DISTANCE OF"40.0 FEET TO A POINT FOR A CORNER; THENCE NORTH 590 57' EAST A DISTANCE OF 46.19 FEET TO A POINT FOR A CORKE6 THENCE SOUTH 60° 03' EAST A DISTANCE OF 46.19 FEET TO A POINT FOR A COR : <CG THENCE SOUTH 00 03' EAST A DISTANCE OF 40.0 FEET TO A POINT FOR A CORNER IN THE NORTH RIGHT OF WAY LINE OF RYAN ROAD; THENCE SOUTH 890 57' WEST, ALONG THE NORTH RIGHT OF WAY LINE OF RYAN ROAD A DISTANCE OF 80.0 FEET TO THE PLACE OF BEGINNING AND CONTAINING 4,123.301 SQUARE FEET OF LAND, MORE OR LESS. DR VOL 00626 PAGE 124 Trnn n ��� 2 of 5 VOL And it is further agreed that the said CITY OF DENTON, TEXAS in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructlons as may now be found upon said property. rorthe purpose of CONSTRUCTING, INSTALLING, REPAIRING AND PERPETUALLY MAINTAINING PUBLIC UTILITIES in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of maliing additions to, improvements on and repairs to the said PUBLIC UTILITIES, OR any part thereof. TO HAVE AND TO HOLD unto the said CITY OF DENTON, TEXAS as aforesaid for the purposes aforesaid the premises above described. Witness MY hand , this the Z / day of JUN A. D. 19 71 SINGLE ACKNOWLEDC:IIENT THE STATE OF TEXAS, 1 REBORE MF„ the undersigned authority, COUNTY OF- ._..._.._.._- ___. —..._) in and for said County, Texas, on this day personally appeared._ N j".�ii�}l(n t' 49Ie the person _.. -whoso name ._..I ..._...subscribed to the foregoing instrument, and acknowledged to me N at-,_ ho ••.,�(.,exeeuted the same for the purposes and consideration therein expressed. 6 BN.VN15ER blY BAND AND SEAL Oh` OFFICE, Thi ... ,V1/7-.day f - -- NE� A.D. 197_1-- i J t Notary Pa I. .. .._....._......- ...........County, Texas �b' _ ASy_Commission Expires_ Jun e - ),,.19'x..5!_.._— ..— _�_______. FILED -.FOR RECORD: d D day of A.D. 197,.1• at 3 : 5 3 of clock RECORDED: day of A.D. 1971 at J. olclock 11. BY DEPUTY THETA PARKER, CLERK COUNTY COURT DENTON COUNTY, TEXAS DR VOL 00645 PAGE 79 n onmen�Tr, va 645 PACE 79 THE STATE OF TEXAS X `7513 KNOW ALL MEN BY THESE PRESENTS: COUNTY Or DENTON X That M. K. Buchanan of Denton County, Texas, in consideration of the sum of Ten and No /100 ($10.00) Dollars and other good and valuable consideration in hand paid by the City of Denton, Texas, a Municipal Corporation, .receipt of which is,hereby acknowledged, do by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property owned by him, and being situated in the County of Denton, State of Texas, and being,more particularly described as follows: All that certain lot, tract or parcel'of land lying and being sit- uated in the City and County of Denton, State of Texas, being a part of the J. Fisher Survey, Abstract No. 421, and being a part of a tract of land conveyed by J. T. Stuart and wife, Elizabeth Stuart to Harry M. Green and W. B. David Hunt by Deed dated April 18, 1967, and recorded in Volume 553, Page 482 of the Deed Records of Denton County, Texas, and being more particularly described as fgllows: BEGINNING at a point in the northeast line of a utility easement conveyed to the City of Denton, Texas by 14. K. Buchanan on June 31, 1971, said point being 27.42 feet north 60P 03' west of the northeast corner.of said easement and also being 893,.85 feet south 89° 57' west and 83.71 feet north 00 03' west of the southeast corner of said tract; THENCE north 19° 27' 37" east a distance of 246.56 feet to the beginn- ing ox a curve to the left, having a beginning tangent bearing north 19° 27' 37" east; THENCE along said curve, having a radius of 495.00 feet and a central angle'of 19° 27' 37 ", a distance of 168.12 feet to the end of said curve and the beginning of a second curve to the left, having a beginn- ing tangent bearing north; THENCE along the second curve to the left, having a radius of 157.00 feet and a central angle of 426 41' 35 ", a distance of 116.99 feet to a point for a corner; THENCE north 420 41' 35" west a distance of 64.68 feet to a point for a corner; THENCE north 870 39' 29" east•a distance of 192.73 feet to a point for a corner; THENCE north 740 28' 31" east a distance of 19.63 feet to the beginn- ing of a curve to the right, having a beginning tangent bearing north 74° 28' 31" east a distance of 19.63 feet to the beginning of a curve to the right, having a beginning tangent bearing north 74° 28' 31" east; THENCE along said curve, having a radius of 215.27 feet and a central angle of 300 47' 10 ", a distance of 115.67 feet to a point for a corner; THENCE south 740 44' 19" east a distance of 110.00 feet to a point for a corner; 3of5 DR VOL 00645 PAGE 80 ndonment Tracts 4 of 5 VOL 645 PACE 80 THENCE south 540 44' 19" east a distance of 63.40 feet to a point in the east property line of the subject tract of land, said point being 698.12 feet north 330 30' west of the southeast property corner; THENCE north 331 30' west a distance of 57.15 feet along said east property line to a point for a corner; THENCE north 74° 44' 19" west a distance of 126.59 feet to the be- ginning of a curve to the left, having a beginning tangent bearing north 7,40 44' 19" west, THENCE along said curve, having a radius of 231.27 feet and a central angle of 300 47' 10 ", a distance of 124.27 feet to a point for a corner; THENCE south 740 28' 31" west a distance of 17.78 feet to a point for a corner; THENCE south 87° 39' 29" west a distance of 198.56 feet to a point for a corner, said point being at the beginning of a curve to the right, having a beginning tangent bearing north 231 10' 04" west; THENCE along said curve, having a radius of 418.00 feet and a central angle of 231 10' 04 ", a distance of 169.02 feet to a point for a cor- ner; THENCE north a distance of 351.89 feet to the beginning of a curve to the right, having a beginning tangent bearing north; THENCE along said curve, having a radius of 388.00 feet and a cen- tral angle of 460 13` 14 ", a distance of 313.00 feet to a point for a corner; THENCE north 670 00' 00" east a distance of 960 feet. to a point in the east property line of the subject tract of land, said point be- ing 143.36 feet south 19° 43' 30" east of the northeast property corner; THENCE along said east property line north 191 43' 30" west a dis- tance of 21.03 feet to a point for a corner; THENCE south 47° 00' 43" west a distance of 11.97 feet to the be- ginning of a curve to the left, having a beginning tangent bearing south 470 00' 43" west; THENCE along said curve, having a radius of 404.00 feet and a central angle of 470 00' 43 ", i distance of 331.49 feet to a point for a cor- ner; THENCE south a distance of 351.89 feet to the beginning of a curve to t}e left, having a beginning tangent bearing south; THENCE along said curve, having a radius of 434.00 feet and a central angle of 24° 001, a distance of 181.79 feet to a point for a corner; THENCE south 24° 00' east a distance of 10.48 feet to a point for a corner; THENCE south 420 41' 35" east a distance of 71.30 feet to the beginn- ing;of a curve to the right, having a beginning tangent bearing south 421 41' 35" east; THENCE along said curve, having a radius of 141.00 feet and a central angle of 420 41' 39 ", a distance of 105.06 feet to the end of said curve and beginning of a second curve to the right, having a beginn- ing tangent bearing south; OR VOL 00645 PAGE 81 Abandonment Tracts --- •-�- -f 5 of 5 �p+ VOL 645% PACE 81 THENCE along said second curve, having a radius of 479.00 feet and a central angle of 190 27' 37 ", a distance of 162.69 feet to a point for a corner; THENCE south 190 27' 37" west a distance of 243.60 feet to a point in the northeast line of the utility easement conveyed to the City of Denton dune 21, 1971; THENCE south 60° 03' east a distance of 16.27 feet to the point of beginning, and containing 31,358.80 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas, in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstruc- tions as may now be found upon said property. For the purpose of installing, repairing and perpetually main- taining a sanitary sewer line in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives-having ingress, egress, and regress in, along upon and.across said premises for the purpose'of making additions to, improvements on and repairs to the said sanitary sewer line or any part thereof. TO HAVE AND TO BOLD unto the said City of Denton, Texas, as afore- said for the purposes aforesaid the premises above described. WITNESS his hand this the 1I day of May, A. D. 1972. M. K. BUCHANAN THE STATE OF TEXAS X COUNTY OF DENTON X . BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared M. K. Buchanan known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of May, •A. D. 1972. NOTARY PUBLIC IN AND FOR.` DENTON COUNTY, TEXAS .x MY Commi5�i�n �nizes June, J_4T�� -� - FILED FOR RECORD DAY OF A.D. 1972 at� o'clock��j M RECORDED: DAY OF�A.D. 1972 at ;/ ro'clock �M. BY e. (G^ Deputy Theta Parker, County Clerk Denton County, Texas City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -561, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Fire and Emergency Medical Services CM/ ACM: John Cabrales, Jr. Date: July 21, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a Contract of Sale, as attached thereto and made a part thereof as Exhibit "A ", by and between Jason Rose, (the "Owner "), and the City of Denton, Texas, (the "Buyer "), regarding the sale and purchase of fee simple to a 1.227 acre tract, more or less, situated in the S. McCracken Survey, Abstract No. 817, located in the City of Denton, Denton County, Texas, as more particularly described in the Contract of Sale, located generally in the 2100 Block of East Sherman Drive (the "Property Interests "), for the purchase price of One Hundred Sixty Five Thousand Dollars and No Cents ($165,000.00), and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Denton Fire Station No. 4 Rebuild Project) BACKGROUND The Denton Fire Department presented its 2013 Facilities Optimization Study as a supplement to its 2011 to 2015 Strategic Plan, evaluating the location and condition of current Denton Fire Department facilities. The department made recommendations for the addition and placement of future facilities to better serve the citizens of Denton. Through an analysis of its existing facilities' locations and conditions, staff determined within the scope of the report that Fire Station 44 (2110 E. Sherman Dr.) is substandard and needs to be replaced as soon as possible. A recommendation was made to rebuild Station 4. Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase transaction with the property owner of the south half of the property tracts to be assembled. OPTIONS 1. Approve the proposed Ordinance. 2. Not approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. City of Denton Page 1 of 2 Printed on 7/16/2015 File #: ID 15 -561, Version: 1 PRIOR ACTION/REVIEW (Council, Boards, Commissions) April 16, 2013 - City Council - Issuance of City of Denton Certificates of Obligation, Ordinance No. 2013.113, April 21, 2015 - City Council - Closed Session, briefed City Council (as pertains to subject property) FISCAL INFORMATION City of Denton Certificates of Obligation, Series 2013 EXHIBITS 1. Location Map 2. Site Map 3. Ordinance (with attachments) Respectfully submitted: Robin F. Paulsgrove Fire Chief Prepared by: LuAnne Oldham Real Estate Specialist City of Denton Page 2 of 2 Printed on 7/16/2015 Site Map Assemblage Total of Approximately 2.23 Acres Approximately 1.009 Acres Approximately 1.227 Acres N Fire Station No. 4 Rebuild Project W E crry 80 40 0 80 160 240 S ' Feet l T��E NT N Exhibit 2 to the CC AIS 4dea4 & t 5 A 4.np V 4: ndnpt sAlegal \our documents \real estate \fire \rose contract of sale - fire station ordinance.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONTRACT OF SALE BETWEEN JASON ROSE ( "OWNER "), AS SELLER, AND THE CITY OF DENTON ( "CITY ") AS BUYER, FOR THE SALE AND PURCHASE OF A 1.227 ACRE TRACT, MORE OR LESS, SITUATED IN THE S. MCCRACKEN SURVEY, ABSTRACT NO. 817, CITY OF DENTON, DENTON COUNTY, TEXAS, AND LOCATED GENERALLY IN THE 2100 BLOCK OF EAST SHERMAN DRIVE ( "PROPERTY INTERESTS "), FOR THE PURCHASE PRICE OF ONE HUNDRED SIXTY FIVE THOUSAND DOLLARS AND NO CENTS ($165,000.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE CONTRACT OF SALE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and necessity and the public use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is authorized (a) to execute on behalf of the City (i) the Contract of Sale between the City and Owner, in the form attached as Exhibit "A" and made a part hereof, with a purchase price of $165,000.00, as prescribed in the Contract of Sale, and (ii) any other documents necessary for closing the transactions contemplated by the Contract of Sale; and (b) to make expenditures in accordance with the terms of the Contract of Sale. SECTION 2. 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 3. 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: Page 2 Exhibit "A" to Ordinance - Property Interests sAwater engineering \engr\real estate\projects\row shared \projects \fire station 4 (2015) \fire station 4\rose \fire station -e. sherman dr- contract of sale draft.doc 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 Jason Rose, (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 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, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. q ot 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 Sixty Five Thousand and No /100 Dollars ($165,000.00) (the "Purchase Price "). 2.02 Earnest Money. Buyer shall deposit the sum of Four Thousand and No /100 Dollars ($4,000.00), as Earnest Money (herein so called) with Reunion Title, 2745 Wind River Ln. Denton, TX 76210 (the "Title Company "), as escrow agent, within fourteen (14) calendar days after 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, 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 2 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 and other matters provided in items 1 -4, 6, 7a, 8, 10 and 11 of Table A of the ALTA Minimum Standard Detail Requirements. 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. Notwithstanding the Survey of the Property, the Purchase Price for the Property, as prescribed by Section 2.01, above, shall not be adjusted in the event the Survey shall determine the Property to be either larger or smaller than that depicted in Exhibit "A ", attached hereto. 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 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, as may be extended by Buyer, in its sole discretion, 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 3 q/tL 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. 3.05 Title Policy. At Closing, Seller, at Seller'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 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 ", unless otherwise agreed by Buyer; (d) no liens will be shown on Schedule B. 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 forty five (45) calendar days thereafter (the "Absolute Review Period "), based on such appraisals, 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 4 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, if requested by 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: (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 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. (g) 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 5 go-- -- finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (h) 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, including without limitation, all personal property of any such tenants or parties, on or before the date of Closing. (i) 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) 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 "). (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 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, or claims related thereto, 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 6 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. (d) On or before Closing, Seller shall remove (i) any waste material or debris that are located upon, or may accumulate or otherwise be placed on the Property (the "Waste Material "), from the Property and dispose of same in accordance with all applicable statutes, regulations, rules, orders and ordinances; and (ii) all personal property from the Property. It is expressly stipulated that (i) the Waste Material shall be deemed at all times the property of Seller; and (ii) Buyer may retain, destroy, or dispose of any property, of any kind or type, left or remaining on the Property at Closing (the "Abandoned Property "), without liability of any kind to Buyer and without payment of consideration of any kind to Seller. In the event Buyer shall elect to store said Abandoned Property, Buyer may store such Abandoned Property in the name, and at the expense, of Buyer. 5.02.A. Warranty of Buyer; Property Condition. Buyer represents and warrants to Seller that it has made, or will make prior to Closing, an independent inspection and evaluation of the Property and acknowledges that Seller has made no statements or representations concerning the present or future value of the Property, or the condition, including the environmental condition, of the Property. Except as otherwise specifically represented and warranted by Seller in this Contract, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, STATUTORY, OR IMPLIED, AS TO THE VALUE, QUALITY, QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND /OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, AND /OR MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY. Buyer further acknowledges that it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent evaluations and studies based thereon. Seller makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Buyer, if any, whether furnished by Seller or any third party. Seller assumes no liability for the accuracy, completeness or usefulness of any material furnished by Seller, if any, and /or any other person or party. Reliance on any material so furnished is expressly disclaimed by Buyer, and shall not give rise to any cause, claim or action against Seller. 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Seller and Buyer 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 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. 8 n l //L1L 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 eighty (80) 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 Exhibit "B ", 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 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 and submitted by Seller to the Denton County Tax Assessor as of the Closing Date. Ad valorem tax for the calendar year in which the Closing shall occur shall be tendered under Texas Property Tax Code Section 26.11. If the actual amount of taxes for the calendar year in which the Closing shall occur is not 9 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. 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 all other fees, costs and expenses related to Closing. 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 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 10 , �y 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 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 remedy 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 and received, 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: Jason Rose '712 -C r a a l� 't -X °7a:2-2 (-o City of Denton Paul Williamson Real Estate and Capital Support qYLK-- Copies to: For Seller: NA- Telecopy: 901 -A Texas Street Denton, Texas 76209 Telecopy: (940) 349 -8951 For Bum Larry Collister, Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382 -7923 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 devisees, heirs, 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 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 (i) in the case of damage, all insurance proceeds, if any; and (ii) in the case of eminent domain, all proceeds paid for the Property related to the eminent domain proceedings. Buyer shall have ten (10) calendar days after receipt of written notification from Seller on the final settlement of all condemnation proceedings or insurance claims 12 related to damage to 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, in form and substance satisfactory to Buyer, 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 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 Robin F. Paulsgrove, Fire Chief 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. SELLER: JASON ROSE Executed by Seller on the 2.,5 �' day of 2015. 13 'pilrd a • . GEORGE C. CAMPBELL, CITY MANAGER Executed by Buyer on the day of ATTEST: JENNIFER WALTERS, CITY SECRETARY . APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY m. 14 2015. qYL/L --- 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 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: Reunion Title 2745 Wind River Lane Denton, TX 76210 (940) 382 -3030 Printed Name: Title: Contract receipt date: , 2015 I& EXHIBIT "A" to Contract of Sale Legal Description BEING all that certain lot, tract, or parcel of land situated in the S. McCracken Survey, Abstract Number 817, in the City and County of Denton, Texas, being all of Tracts 14, 15, 16, 17, and 18 described in a Special Warranty Deed from Billy Morris to Peggy J. Bailey recorded under Clerk's File No. 93- R0082575, Real Property Records, Denton County, Texas, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for corner, said point being the Southwest corner of Lot 5, Block A, of Cambridge Square Subdivision, an addition to the City of Denton, Denton County, Texas according to the Plat thereof recorded in Volume 4, Page 38, Plat Records, Denton County, Texas; THENCE South 00 degrees 25 minutes 00 seconds West, pass at 25 feet the most westerly Southwest corner of Lot 6, Block A of said Subdivision, pass at 195 feet the Southwest corner of Lot 10, Block A of said Subdivision, a total distance of 200.00 feet with the West line of said Lots 6 and 10, Block A to an iron rod set for corner in the North line of Kings Row, a public roadway having a right -of -way of 50.0 feet; THENCE North 89 degrees 24 minutes 51 seconds West, 321.95 feet with said North line of said Kings Row to an iron rod set for corner in the Southeast line of Sherman Drive, a public roadway; THENCE North 29 degrees 08 minutes 06 seconds East, 227.68 feet with said Southeast line of said Sherman Drive to an iron rod set for corner, said point being the Southwest corner of that certain tract of land conveyed by deed from W.E. Williams to Tony R. Hill, et ux, recorded in Volume 2741, Page 16, Real Property Records, Denton County, Texas; THENCE South 89 degrees 24 minutes 51 seconds East, 212.55 feet with the South line of said Hill tract to the PLACE OF BEGINNING and containing 1.227 acres of land 10 EXHIBIT "B" TO CONTRACT OF SALE NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That Jason Rose, a married man not joined herein as the herein conveyed property constitutes no part of homestead, (herein collectively 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, 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 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 "). Exceptions to conveyance and warranty: [Insert Permitted Exceptions, if any] 17 kt A-- Grantor hereby assigns to Grantee, without recourse or representation, any and all claims and causes of action that Grantor may have for or related to any defects in, or injury to, the Property. Grantee represents and warrants to Grantor that it has made an independent inspection and evaluation of the Property and acknowledges that Grantor has made no statements or representations concerning the present or future value of the Property, or the condition, including the environmental condition, of the Property. Except as otherwise specifically represented and warranted by Grantor herein and in that certain Contract of Sale, dated , 2015, by and between Grantor and Grantee, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES EXPRESSED, STATUTORY, OR IMPLIED, AS TO THE VALUE, QUALITY, QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND /OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, AND /OR MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY. Grantee further acknowledges that it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent evaluations and studies based thereon. Grantor makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Grantee, if any, whether furnished by Grantor or any third party. Grantor assumes no liability for the accuracy, completeness or usefulness of any material furnished by Grantor, if any, and /or any other person or party. Reliance on any material so furnished is expressly disclaimed by Grantee, and shall not give rise to any cause, claim or action against Grantor. 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 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 18 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 JASON ROSE ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on JASON ROSE. Upon Filing Return To: The City of Denton - Engineering Attn: Paul Williamson 901 -A Texas Street Denton, TX 76209 2015 by Notary Public, State of Texas My commission expires: Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 Exhibit "A" To Special Warranty Deed Legal Description BEING all that certain lot, tract, or parcel of land situated in the S. McCracken Survey, Abstract Number 817, in the City and County of Denton, Texas, being all of Tracts 14, 15, 16, 17, and 18 described in a Special Warranty Deed from Billy Morris to Peggy J. Bailey recorded under Clerk's File No. 93- R0082575, Real Property Records, Denton County, Texas, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for corner, said point being the Southwest corner of Lot 5, Block A, of Cambridge Square Subdivision, an addition to the City of Denton, Denton County, Texas according to the Plat thereof recorded in Volume 4, Page 38, Plat Records, Denton County, Texas; THENCE South 00 degrees 25 minutes 00 seconds West, pass at 25 feet the most westerly Southwest corner of Lot 6, Block A of said Subdivision, pass at 195 feet the Southwest corner of Lot 10, Block A of said Subdivision, a total distance of 200.00 feet with the West line of said Lots 6 and 10, Block A to an iron rod set for corner in the North line of Kings Row, a public roadway having a right -of -way of 50.0 feet; THENCE North 89 degrees 24 minutes 51 seconds West, 321.95 feet with said North line of said Kings Row to an iron rod set for corner in the Southeast line of Sherman Drive, a public roadway; THENCE North 29 degrees 08 minutes 06 seconds East, 227.68 feet with said Southeast line of said Sherman Drive to an iron rod set for corner, said point being the Southwest corner of that certain tract of land conveyed by deed from W.E. Williams to Tony R. Hill, et ux, recorded in Volume 2741, Page 16, Real Property Records, Denton County, Texas; THENCE South 89 degrees 24 minutes 51 seconds East, 212.55 feet with the South line of said Hill tract to the PLACE OF BEGINNING and containing 1.227 acres of land 20 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -562, Version: 1 DEPARTMENT: CM/ ACM: Date: Transportation John Cabrales, Jr. July 21, 2015 Legislation Text Agenda Information Sheet SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, affirming, Texas, affirming the commitment of the City of Denton, Texas to the North Texas Boulevard Bridge in conjunction with the 35Express project in the amount of $396,372 and authorizing the City Manager, or his designee, to execute a letter of intent between the Texas Department of Transportation, Archer Western Contractors, LLC Granite Construction Company and Lane Construction Company and the University of North Texas to initiate final design; and providing an effective date. BACKGROUND As part of the August 5, 2014, City Council Work Session, staff advised Council that the North Texas Boulevard bridge will be the only bridge structure in the City of Denton corridor to be reconstructed to the ultimate design as part of the current 35Express Phase I project. Staff also briefed Council on preliminary design recommendations forwarded by the Public Art Committee for aesthetic enhancements to the North Texas Boulevard bridge. As part of the August Work Session, staff received direction from Council to advance a conceptual graphic for metal medallions to be mounted on two bridge abutments using Public Art funds, not to exceed a total of $200,000. A 90- percent design including two metal medallions, one on the north bound abutment wall and one on the south bound abutment wall, was approved. The 90- percent design demonstrates the aluminum medallions to be approximately 18 feet in diameter, powder coated and will have a lighting element either back lighted or flood lighting. Final design will be completed by vendor /craftsman. Staff reported that UNT expressed an interest in mounting similar medallions representative of UNT on the remaining two abutment walls. These medallions would be funded separately by UNT. Graphic representations of the proposed medallions are included in Exhibit 1. At the January 13, 2015, Council Work Session, staff presented a general design concept that will enhance the TxDOT proposed baseline pedestrian improvements for the North Texas Boulevard bridge deck and associated crosswalks. The design includes a pedestrian barrier wall separating the sidewalks from the north/south vehicular traffic on the bridge. The sidewalk on the easterly side will be approximately 7.5 feet wide while the westerly sidewalk will be approximately 15 feet in width. The pedestrian barrier wall will have a masonry brick veneer to include pedestrian lighting mounted on top of the barrier wall. Bollards will be utilized to further enhance the pedestrian "safe harbor" on the bridge deck by separating the sidewalk from vehicular traffic on the "Texas Turnarounds" on both sides of the bridge deck. UNT has agreed to supply the pedestrian light City of Denton Page 1 of 3 Printed on 7/16/2015 File #: ID 15 -562, Version: 1 standards which utilize the same design found throughout the UNT campus as well as the bollards. Sidewalk pavement on the bridge deck will incorporate a dyed stamped concrete band with a brick motif on each side of the sidewalk and will employ a smooth concrete pathway in the middle. This design is similar to the sidewalk design included on recent improvements along Hickory Street providing a smooth pathway in the middle of the sidewalk to enhance comfort for persons using wheel chairs and reduce trip hazards for those using walkers. At the January Work Session, staff was provided direction to utilize a thermoplastic pavement application for crosswalk markings. The crosswalk will have a brick motif to tie -into the sidewalk design on the bridge and may incorporate UNT branding options to create a sense of space while approaching the gateway to the UNT campus. Similar thermoplastic crosswalk applications were installed as part of the Hickory Grand Street Project at the Hickory Street and Austin Street intersection. The proposed design presented and approved by Council included University of North Texas (UNT) and City of Denton branding utilizing back lighted signs mounted on the North Texas Boulevard bridge railing fronting north bound and south bound 35E traffic. As part of the January presentation staff indicated that TxDOT was reviewing feasibility of both "brands" or signs on the bridge. TxDOT subsequently informed staff they could not support both signs on the bridge railing, however, "North Texas Boulevard" identifying the cross street was acceptable and TxDOT would allow the City of Denton logo on the bent cap which is located at the top of the center support column. UNT and City of Denton staff agree this to be an acceptable option providing positive public image for both entities. A graphic representation is included as Attachment 3 of reference. Staff submitted the proposed design concept to TxDOT and AGL to review and provide formal cost estimates. AGL submitted a $700,286 cost estimate for engineering, design and construction of the proposed enhancements. A cost share agreement has been negotiated between the UNT and the City based on specific elements of the proposed design. The UNT share of the total cost is $303,914 and will require specific maintenance responsibilities by UNT related to landscaping, pedestrian lighting and pavement "branding." The City will fund the remaining $396,372 for the proposed enhancements. AGL and TxDOT are requesting that the City sign a letter of intent (Attachment 3) to initiate final design and indicating commitment to facilitate the betterments to the NT Boulevard bridge. If Council adopts the ordinance approving the enhancements and financial commitment, TxDOT will submit a Local Project Funding Agreement to be executed by the City of Denton by October 15, 2015 Staff believes this is a great example of Town and Gown partnership as it will improve the image of the community along a major corridor in our community and will enhance a primary gateway to the University of North Texas and recommends adoption of the proposed ordinance approving funding for the enhancements. RECOMMENDATION Staff recommends Council adopt the resolution committing to the proposed North Texas Boulevard Bridge enhancements as presented. ESTIMATED SCHEDULE OF PROJECT AGL has initiated formal design on the bride enhancements. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Informal Staff report titled IH -35E Corridor Aesthetics Master Plan and Design Guidelines dated August 26, 2011. September 6, 2011, Work Session regarding the IH35E Corridor Aesthetics Master Plan. Public Art Committee reviewed concepts as presented by Parsons Brinkerhoff at their July 9, 2014, meeting. Council Work Session, July 17, 2014, 35Express Aesthetic Concepts. July 28, 2014, Public Art Committee recommended medallion concepts. August 5, 2014 Council Work Session, January 13, 2015 Council Work City of Denton Page 2 of 3 Printed on 7/16/2015 File #: ID 15 -562, Version: 1 Session and July 10, 2015 Informal Staff Report. FISCAL INFORMATION Total project amount is $700,286. The City of Denton's portion is $396,372 and UNT's portion is $303,914. The City's portion of this agreement is proposed to be paid from a portion of the Public Art funding from the 2012 Bond Election ($30,000), funds available from the sale of City right -of -way to TxDOT ($40,000) and the issuance of CO's in FY 2015 -16 ($330,000) for a total City of Denton obligation of $400,000. UNT has already signed the letter of intent committing to TxDOT to fund their share of $303,000. EXHIBITS 1. Medallion Designs 2. City/UNT Bridge Rail Identification and Bridge Deck Enhancements 3. AGL Letter dated, May 29, 2015 4. Ordinance Respectfully submitted: Mark Nelson Director of Transportation City of Denton Page 3 of 3 Printed on 7/16/2015 ('6 c� G z *m,"(,.. ( 5Tk8�t"T R5 May 29, 2015 Mark Nelson, Transportation Director City of Denton 215 E. McKinney Denton, TX 76201 RE: IH 35E Managed Lanes Project— North Texas Blvd. Aesthetic Upgrades Dear Mr. Nelson, SL# CODT0008 This letter serves as a continuation of the coordination with the City of Denton concerning the betterments requested by the City of Denton and UNT as part of the IH35E Managed Lanes project. The cost proposal for North Texas Blvd Aesthetic Upgrades includes the following items: bent cap logos, bridge identification logo on the bridge rails, medallion signs, landscaping, decorative sidewalks & crosswalks, and illumination items. The cost proposal is for a total amount of $700,286.00. AGL Constructors is seeking concurrence from the City of Denton's and UNT on the betterment cost. If the City and UNT concur with the cost of the betterment, TxDOT will provide an agreement to be executed by the City of Denton under separate cover. If the City concurs with the location and cost for this betterment, please sign and return this letter by June 5, 2015. Thank you for your partnership and continued support in moving this project forward. If you have any questions, please do not hesitate to contact Dan Horvath at 214 - 483 -7582 or danhorvath @agiconstructors.com. Sincerely, Gary Geppert Deputy Project Manager Cc: Varuna Singh, PE, TOOT Enclosures: Betterment Pricing Summary and Exhibit 1505 LUn a Road, Su to 1.44 * C'aRrr6iltoit), Texas 75006 e 1": 21.4 - •483 -7500 * F" 855 284 3249 AG CONISTRUCr4 IH 35E Managed Lanes Project — North Texas Blvd. Aesthetic Upgrades Signature Section for City of Denton ❑ Concur ❑ Do not concur -------------------------- — .......... -1 - - - — ------------------ Printed Name Signature Date Title/Agency Signature Section for University of North Texas Concur ❑ Do noIL concur Printed Name SignatUre Date O Title/Agency IIA 7 5 �7 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AFFIRMING THE OF COMMITMENT OF THE CITY OF DENTON, TEXAS TO THE NORTH TEXAS BOULEVARD BRIDGE IN CONJUNCITON WITH THE 35EXPRESS PROJECT IN THE AMOUNT OF $396,372 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A LETTER OF INTENT BETWEEN THE TEXAS DEPARTMENT OF TRANSPORTATION, ARCHER WESTERN CONTRACTORS, LLC, GRANITE CONSTRUCTION COMPANY AND LANE CONSTRUCTION COMPANY AND THE UNIVERSITY OF NORTH TEXAS TO INITIATE FINAL DESIGN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 35Express Project is a Design -Build Joint Venture with Archer Western Contractors, LLC, Granite Construction Company and Lane Construction Company (collectively AGL) and the Texas Department of Transportation (TxDOT). The 28.1 mile project includes three segments; North, Middle and South. The City of Denton is located in the North Segment, US 380 (University) in Denton to FM 2181 (Swisher) in Corinth/Lake Dallas; and WHEREAS, the North Texas Boulevard bridge will be the only bridge structure in the City corridor to be reconstructed to the ultimate design as part of the current 35Express Phase I project which includes both University of North Texas (UNT) and City branding; and WHEREAS, the City has submitted the proposed design concept to TxDOT and AGL to review and provide formal cost estimates and received a $700,286 cost estimate for engineering, design and construction of the North Texas Boulevard Bridge Project from AGL; and WHEREAS, a cost sharing agreement has been negotiated between UNT and the City based on specific elements of the proposed design for the North Texas Boulevard Bridge Project. The UNT share of the total cost is $303,914 and will require specific maintenance responsibilities by UNT related to landscaping, pedestrian lighting and pavement "branding." The City will fund the remaining $396,372 for the proposed enhancements; and WHEREAS, AGL and TxDOT are requesting that the City sign a letter of intent to initiate final design and indicating a commitment to facilitate and fund the North Texas Boulevard Bridge Project in conjunction with the 35Express Project; and, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton hereby affirms its intent to funding its $396,372 commitment to the North Texas Boulevard Bridge Project in conjunction with the 35Express Project. SECTION 2. The City Manager, or his designee, is authorized letter of intent to initiate final design and indicating a commitment to facilitate and fund the North Texas Boulevard Bridge Project in conjunction with the 35Express Project. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of July, 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY SECRETARY City /UNT Identification Rail Option I attarinn will ha "NORTH TFXAR RI \/n " rar.PCCPrl into Page 4 of 16 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 1'uw ww.cityofdenton.com D EN'FON Legislation Text File #: ID 15 -564, Version: 1 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET July 21, 2015 Engineering Services Jon Fortune, 349 -8535 SUBJECT Consider adoption of an ordinance concerning the removal of parking and changing of Highland Street, from North Texas Boulevard to Avenue D, from one -way, eastbound, to two -way and the changing of Avenue D, from Maple Street to Highland Street, from two -way to one way, northbound as attached to the ordinance (Exhibit 1) and providing an effective date. The Traffic Safety Commission recommends approval (5 -0). BACKGROUND Highland Street was scheduled for reconstruction in the CIP Street Bond Election. One of the items considered during the design process was how would Highland Street operate after reconstruction, since the Update to the Pedestrian and Bicycle Component of the Mobility Plan indicates bicycle lanes along the street. Another consideration was the City of Denton decision to close and abandon Avenue D, from Eagle Drive to Maple Street (Exhibit 2), to motorized vehicles, at the request of the University of North Texas (UNT). This closure modified the traffic flow of Highland Street, Avenue D, and Maple Street. Pre - construction circulation (Exhibit 3): • Highland Street, from North Texas Boulevard to Avenue C is one -way eastbound; • Maple Street, from Avenue C to Avenue D is one -way westbound (it currently does not continue to North Texas Boulevard); Avenue D, from Eagle Drive to Highland Street is two -way; Avenue C from Eagle Drive to Highland Street is two -way; and North Texas Boulevard from Eagle Drive to Highland Street is two -way. There are driveways that service the parking lot bounded by Avenue D, Highland Street, Avenue C and Maple Street that access both Highland Street and Maple Street. Previously, to access the parking lot from the east, a motorist had to drive on Maple Street from any point east of Avenue C or access from Avenue C by turning onto Maple Street and then access the driveway(s) on the southerly side of the parking lot. To exit the parking lot to go to the east, a motorist could exit the driveway(s) on the northerly side of the parking lot to Highland Street and proceed east to Avenue C or continue eastbound on Highland Street. To access the parking lot from the west, a motorist could drive east on Highland Street from North Texas Blvd. and access the driveway(s) on the northerly side or, from Eagle, turn and proceed on Avenue D to Highland Street and then access the driveway(s) on the northerly side of the parking lot. The closure of Avenue D affected circulation in accessing /exiting the parking lot bounded by Avenue D, Highland Street, Avenue C and Maple Street. Accessing and exiting the parking lot from the east is still the same as noted previously. However, with Avenue D closed to motor traffic, the only access from the west will be via North Texas Boulevard to Highland Street and then to the driveway (s) on the northerly side of the parking lot. Under the current conditions, for a motorist to exit and travel west would require exiting the northerly parking lot's driveway(s) on Highland Street, proceeding easterly to Avenue C and then turning right and proceeding to Eagle Drive and finally turning right to go west. In addition, if a driver that is unfamiliar with the area would travel eastbound on Highland Street from North Texas Boulevard and turn right onto Avenue D, when s/he got to Maple Street, there would be nowhere to go (because Maple Street is one -way westbound) and there is no provision for turning around to go back north on Avenue D. City of Denton Page 1 of 3 Printed on 7/16/2015 File #: ID 15 -564, Version: 1 There were a number of alternatives considered and discussed with UNT to resolve these issues. Alternatives: 1. Make Highland Street two -way from North Texas Boulevard to Avenue D and make Avenue D one -way northbound from Maple Street to Highland Street. This alternative resolves the issue with Avenue D, as a driver would not be allowed to turn right onto Avenue D and subsequently get "trapped" at Maple Street. This alternative would also resolve the circuitous access to the west as a driver could exit the parking lot's driveway(s) on the southerly side and turn right to proceed on Maple Street (one -way westbound), turn right on Avenue D (now one -way northbound) and then turn right on Highland Street (now two -way) and proceed to North Texas Boulevard. This solution would also be less confusing to drivers, as the only cross - street to turn from at the disconnect (where it changes from one -way to two -way) would be Avenue D: Since it is a "T" intersection a motorist would have to turn right (onto the one -way portion) or left (onto the two -way portion) (Exhibit 3 and Exhibit 4). 2. Make Highland Street two -way from North Texas Boulevard to Avenue C. There are issues with this alternative in that drivers generally have a more difficult time traveling on a street that changes from a one -way to a two -way operation at an intersection (in this case, Avenue C) as there can be turning restrictions that may be unclear to the driver. In addition, drivers that are accustomed to turning off cross - streets in one section (the one -way or two -way) sometimes, out of habit, can make improper turns when they are traveling in the other section (the two -way or one -way), despite signing. To resolve the Avenue D issue noted above, Avenue D would still need to be made one -way northbound. 3. Make Maple Street two -way from Avenue D to Avenue C. This would resolve the Avenue D issue noted above but, would cause the same problems with potential driver confusion as noted above with Highland Street. City of Denton staff implemented Alternative 1 in accordance with UNT staff preferences (Exhibit 6), as it is the least disruptive option and should cause the least amount of confusion to motorists. In addition to the driver considerations, pedestrian safety was considered. Highland Street has a large volume of pedestrian traffic especially east of Avenue C; keeping the majority of Highland Street one way (one direction for pedestrians to look for vehicles) is a safer solution. During the Highland Street Reconstruction Project, it was realized that an ordinance to change the direction of traffic on Highland Street, from North Texas Blvd to Avenue D, and Avenue D, from Highland Street to Maple Street, was not executed. In order for the street to be opened to operation by UNT students and the general public, it was necessary to request that the Denton Chief of Police issue a temporary (90 day) emergency order (Exhibit 7). OPTIONS 1. Approve the proposed Ordinance. 2. Decline to approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION /REVIEW (Council, Boards, Commissions) Traffic Safety Commission: June 8, 2015 FISCAL INFORMATION Not applicable BID INFORMATION Not applicable EXHIBITS 1. Proposed Ordinance 2. Plan view of UNT's proposed building 3. Location map showing pre - construction circulation. City of Denton Page 2 of 3 Printed on 7/16/2015 File M ID 15 -564, Version: 1 4. Location map showing proposed circulation in the area. 5. West Highland and Avenue D Striping Plan Phase 2. 6. E -mail from Helen Bailey, UNT Director Facilities Planning, Design, & Construction requesting Alternative 1. 7. Emergency Ordinance. Respectfully submitted, Frank G. Payne, P. E. City Engineer Prepared by: Noreen M. Housewright, P.E. Senior Engineer City of Denton Page 3 of 3 Printed on 7/16/2015 sllegal \our documents \ordinances\1 5 \west highland street and avenue d one way and two way changes.doc AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING TWO -WAY TRAFFIC ON WEST HIGHLAND STREET FROM ITS INTERSECTION WITH NORTH TEXAS BOULEVARD TO ITS INTERSECTION WITH AVENUE D; ESTABLISHING NORTHBOUND ONE -WAY TRAFFIC ON AVENUE D FROM ITS INTERSECTION WITH MAPLE STREET TO ITS INTERSECTION WITH WEST HIGHLAND STREET; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. When signs are erected and /or markings are in place giving notice of two - way traffic flow on West Highland Street from its intersection with North Texas Boulevard to its intersection with Avenue D, all traffic shall obey all applicable ordinances and state statutes governing the flow of traffic on roads with two -way traffic. SECTION 2.When signs are erected and /or markings are in place giving notice thereof, all traffic on Avenue D from its intersection with Maple Street to its intersection with West Highland Street shall be restricted to northbound one -way traffic only. SECTION 3. That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION 4. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 5. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 6. When signs are erected giving notice thereof, an individual adjudged guilty of exceeding the herein defined speed limits shall be guilty of a misdemeanor, and punished by a fine not to exceed two hundred dollars ($200.00). SECTION 7. This Ordinance providing for a penalty shall become effective 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, the official newspaper of the City of Denton, Texas, within 10 days of the date of its passage. 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 I: Page 2 of 2 W. ai o U C E C L C E L a E U C L re r F a co C F C C h: C C F C C d F a I I EX q1R)T 5 v owl, x � ^ i ®'1llm 1�zn� ►F� ri y1 fl 'o \ b a li 11 11 i r1 a z 1 u n Ux �b If 1,\ ii �9ii E i dii �6 8 ai f � t ��11 °ah� ��a ao ifs �o� Ilk El o i Eo pp o fi �1 T1 11 X11 NI Il NI !� ''��1 ♦ L 0 (I 4nA TV u 1 t w w � Yn II o ,x r z � W Ri it will Q � Q � � ,l .— env SUM '181 Svxa.L Jm6 2 Z a � x I, m m m o ° o z td i w z Y 2 N W O F w O U LL a 1 � � ■ � 0 2 0 2 Eff Wp>lT- & � ~ � 0 S % / \ .. � .. x k § c � f L \ CL v c 7 0 &� E Ln c c Co *U. be k o 2 ' \ CL . 2 a 2 . /LL0aq M t f $ 2 ■' c am: k > Ln $ \ 2 CL / k @ \ � o (U / 7 � 2 § 0 CA k � \ / r k ( 7 a. 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M"'Mol"I'm s:Uegal\our documents\ordinanccs \15 \emergency order 2015 highland street and avenue d fgp 040815.doc AN EMERGENCY ORDER OF THE CHIEF OF POLICE REGARDING TRAFFIC SAFETY AN ORDER OF THE CHIEF OF POLICE OF THE CITY OF DENTON, TEXAS, ESTABLISHING TWO -WAY TRAFFIC ON WEST HIGHLAND STREET FROM ITS INTERSECTION WITH NORTH TEXAS BOULEVARD TO ITS INTERSECTION WITH AVENUE D; ESTABLISHING NORTHBOUND ONE -WAY TRAFFIC ON AVENUE D FROM ITS INTERSECTION WITH MAPLE STREET TO ITS INTERSECTION WITH WEST HIGHLAND STREET; THIS ORDER SHALL BE IN EFFECT FOR 90 DAYS; PROVIDING A PENALTY NOT TO EXCEED $200.00; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 18 -2 of the Code of Ordinances of the City of Denton empowers the chief of police, with the approval of the city manager, to make and enforce temporary regulation to cover emergencies or special conditions; and WHEREAS, in order to safely move traffic on portions of Avenue D and portions of West Highland Street, it is necessary to establish one -way northbound traffic on Avenue D from Maple Street to West Highland Street and it is necessary to establish two -way traffic on West Highland Street from North Texas Boulevard to Avenue D; and WHEREAS, this emergency order is for the public health, safety, and welfare of Denton citizens; and NOW THEREFORE, IT IS HEREBY ORDERED, When signs are erected and/or markings are in place giving notice thereof on West Highland Street from its intersection with North Texas Boulevard to its intersection with Avenue D is marked -for two -way traffic, all traffic shall obey all applicable ordinances and state statutes governing the flow of traffic on roads with two -way traffic. When signs are erected and/or markings are in place giving notice thereof, all traffic on Avenue D from its intersection with Maple Street to its intersection with West Highland Street shall be restricted to northbound one -way traffic only. Any driver operating a motor vehicle in violation of this Emergency Order is subject to being cited. When signs are erected giving notice thereof or markings are in place giving notice thereof, an individual adjudged guilty of exceeding the herein defined speed limits shall be guilty of a misdemeanor, and punished by a fine not to exceed two hundred dollars ($200.00). This order shall become effective immediately from the date of its passage, and shall be in effect for 90 days. s:llegal\our documents \ordinances \15\emergency order 2015 highland street and avenue d fgp 040815.doc C SIGNED AND APPROVED this the day of 52015. APPROVED: GEORGE C. CAMPBELL, CITY MANAGER [fla BY: LEE HOWELL CHIEF OF POLICE Page 2 of 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -571, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM/ ACM: Bryan Langley Date: July 21, 2015 SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a supplemental and amended engagement letter with Lloyd Gosselink Rochelle & Townsend, P.C. for Professional Legal Services relating to the pending litigation entitled the City of Denton, Texas V NRG Power Marketing, LLC; authorizing the expenditure of funds therefor; providing an effective date (File No. 5771 - in the additional amount of not -to- exceed $500,000, aggregating not -to- exceed $595,000). The Public Utilities Board recommends approval (6 -0). BACKGROUND It has become necessary for Denton Municipal Electric to hire outside legal counsel in order to pursue recovery against NRG Power Marketing, LLC ( "NRG ") for alleged breaches and other causes of action regarding the "Full Requirements Wholesale Electric Power Service Agreement" approved by City Council and entered into on May 17, 2011, and effective as of July 1, 2011. Previously, it was hoped that the issues between NRG and the City could be resolved amicably. However, settlement negotiations of this matter have thus far been fruitless. Lloyd Gosselink is familiar with the complex issues involved in this litigation. Discovery is now in progress. In accordance with Texas Local Government Code 252.022, the procurement of professional services is exempt from the requirement of competition based selection. Based upon the Firm's professional qualifications, expertise, reputation, knowledge of electric operations and economics, and the firm's prior representation of municipally -owned electric utilities, including Denton Municipal Electric, staff was of the opinion that Lloyd Gosselink was a good fit to pursue complex litigation against NRG. The initial letter of engagement with Lloyd Gosselink was entered into on February 13, 2015, and was approved on that date by the Acting City Manager in the amount of not -to- exceed $95,000 (Exhibit 1). Thereafter, on February 20, 2015, litigation ensued. Now, the City must actively pursue its legal remedies against NRG. The City has pleaded for recovery of its attorney fees and costs, among other damages and causes of action. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 13, 2015, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. On February 9, 2015, the Public Utilities Board recommended approval to forward the original engagement City of Denton Page 1 of 2 Printed on 7/16/2015 File #: ID 15 -571, Version: 1 letter in the amount of $95,000 to the City Manager for approval. RECOMMENDATION Staff recommends that the approval of the supplemental and amended agreement for professional legal services in an additional amount not -to- exceed $500,000. PRINCIPAL PLACE OF BUSINESS Lloyd Gosselink Austin, TX ESTIMATED SCHEDULE OF PROJECT This agreement will be in effect until all required services are completed or until all authorized funds have been expended. FISCAL INFORMATION The legal services will be funded from Denton Municipal Electric account 600001.7854.9210A. A line will be added to Purchase Order 171849 upon Council approval. FYHIRITC Exhibit l: Original Engagement Letter Exhibit 2: Public Utilities Board Draft Minutes Exhibit 3: Ordinance Exhibit 4: Supplemental Engagement Letter Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Mike Copeland at 349 -8158. City of Denton Page 2 of 2 Printed on 7/16/2015 EXHIBIT I 816 Congress Avenue, Suite 1900 Austinjexas 78701 Telephone: (S 12) 322-5800 link, Facsin-iile*. (512) 472-0532 (k N F-Ys k-r LAW Mr. Townsend's Direct Line: (512) 312-5830 Email: February 13, 2015 VIA FEDERAL EXPRESS Ms. Anita Burgess City Attorney City of Denton 215 East McKinney Denton, Texas 76201 Re:,- Engagement Letter — City of Denton Billing File Number: 1060-48 Dear Anita: www.lglawrlffn.com We want to express our appreciation for the opportunity you have given our firm to work with you. Part of our routine in opening new files, and in part to comply with the provisions of Texas Local Government Code Chapter 176, we provide clients with an engagement letter. The purpose of this letter is to set forth our understanding of the legal services to be performed by us for this engagement and the basis upon which we will be paid for those services. This letter confirms that Lloyd Gosselink Rochelle & Townsend, P.C. ("Lloyd Gosselink") will represent the City of Denton ("City") with respect to the matter regarding a cause of action against NRG Power Marketing, LLC ( "NRG ") relating to the Full Requirements Wholesale Electric Power Service Agreement between the City and NRG. Our acceptance of this representation (the "Representation") becomes effective upon our receipt of an executed copy of this agreement. Unless expressly authorized by the City, amounts payable related to the Representation provided to the City by Lloyd Gosselink shall in no event exceed the sum of Ninety-Five Thousand and No/ 100 Dollars ($95,000.00). :, Terms of Engagement This letter sets out the terms of our engagement in the Representation. Certain of those engagement terms are included in the body of this letter, and additional terms are contained in the attached document, entitled Additional Terms of Engagement, dated August 27, 2013. That document is expressly incorporated into this letter, and it should be read carefully. The execution and return of the enclosed copy of this letter constitutes an agreement to all the terms set forth in this letter and in the attached Additional Terms oj'Engagement. Lloyd Gosselink Engagement Letter L9, Llo�rd Gosselink Rochelle & Townsend, P.C. EXHIBIT I February 13, 2015 Page 2 It is understood and agreed that our engagement is limited to the Representation, and our acceptance of this engagement does not imply any undertaking to provide legal services other than those set forth in this letter. Personnel Who Will Be Working on the Matter I will be the attorney in charge of the Representation, and Jose (Joe) de la FuenteMll be working with me on the Matter. You may call, write, or e-mail Joe or me whenever you have any questions about the Representation. Other firm personnel, including firm lawyers and paralegals, will participate in the Representation if, in our judgment, their participation is C, necessary or appropriate. Legal Fees and Other Charges Our fees in the Matter will be based on the time spent by firm personnel, primarily firm lawyers or paralegals, who participate in the Representation. We will charge for all time spent by such personnel in the Representation in increments of tenths of an hour. We charge for time spent in activities including but not limited to the following: telephone and office conferences with clients, representatives of clients, opposing counsel, and others; conferences among our attorneys and paralegals; factual investigation, if needed; legal research; file management; responding to requests from you that we provide information to you or your auditors; drafting letters and other documents; and travel, if needed. Legal. fees and costs are difficult to estimate. Accordingly, we have made no commitment concerning the fees and charges that will be necessary to resolve or complete the Representation, although we will make every effort to manage fees and costs by working efficiently and cost-effectively. My time is billed at the rate of $350.00 per hour and Joe's time is billed at the rate of $325-00 per hour. Other lawyers, paralegals and other personnel may be assigned as necessary to achieve proper staffing. We use briefing clerks, paralegals, file clerks and other support personnel to perform those tasks not requiring the time of any attorney. Their time is billed at an amount determined by the experience of the individual. The foregoing rates may be adjusted annually and, if so, will be noted on your bill. We will submit all out-of-pocket expenses incurred for reimbursement. Usually we ask the client to pay directly all filing fees, charges for consultants, etc. due to the size of such fees and to avoid the client incurring our overhead charge. We endeavor to have a statement of services rendered and expenses incurred by the 15th of the following month. Full payment is due on receipt of the statement. Conflicts of Interest Before accepting the Representation, we have undertaken reasonable and customary efforts to determine whether there are any potential conflicts of interest that would bar our firm from representing you in the Matter. Additionally, to comply with the requirements of Chapter 176 of the Texas Local Government Code ("Chapter 176"), we have performed an internal conflicts of interest inquiry. Based on the information available to us, we are not aware of any potential disqualification or any conflict of interest that would trigger the requirement to file a disclosure with the City under Chapter 176. Lloyd Cosselink Engagement Letter 1,92 EXHIBIT I February 13, 2015 Page 3 Conclusion This letter and the attached Additional Terms of Engagement constitute the entire terms of the engagement of Lloyd Gosselink Rochelle & Townsend, P.C. in the Representation. These written terms of engagement are not subject to any oral agreements or understandings, and they can be modified only by further written agreement signed both by you and Lloyd Gosselink Rochelle & Townsend, P.C. Unless expressly stated in these terms of engagement, no obligation or undertaking shall be implied on the part of either you or Lloyd Gosselink Rochelle & Townsend, P.C. Please carefully review this document, which includes this letter and the attached Additional Terms of Engagement. If there are any questions about these terms of engagement, or if these terms are inaccurate in any way, please let me know immediately. If acceptable, we would appreciate you signing and returning one of the enclosed four originals of this document. Approved As to Legal Form: Anita Burgess, City Attorney LT/yI Attachments 1060/4814667097 Lloyd Gosselink Engagement Letter 1.92 EXHIBIT I Additional Terms of Engagement .This supplement to our engagement letter sets out additional terms of our agreement to provide the representation described in our engagement. Because these additional terms of engagement are a part of our agreement to provide legal services, you should review them carefully and should promptly communicate to us any questions concerning this document. We suggest that you retain this statement of additional terms along with our engagement letter and any related documents. The Scope of the Representation As lawyers, we undertake to provide representation and advice. on the legal matters for which we are engaged. It is important for our clients to have a clear understanding of the legal services that we have agreed to provide. Thus, if there are any questions about the scope of the Representation that we are to provide in the Matter, please raise those questions promptly, so that we may resolve them at the outset of the Rep I resentation. Any expressions on our part concerning the outcome of the Representation, or any other legal matters, are based on our professional judgment and are not guarantees. Such expressions, even when described as opinions, are necessarily limited by our knowledge of the facts and are based on our views of the state of the law at the time they are expressed, Upon accepting this engagement on your behalf, Lloyd Gosselink Rochelle & Townsend, P.C. agrees to do the following: (1) provide legal counsel in accordance with these terms of engagement and the related engagement letter, and in reliance upon information and guidance provided by you; and (2) keep you reasonably informed about the status and progress of the Representation. To, enable us to provide effective representation, you agree to do the following: (1) disclose to us, fully and accurately and on a timely basis, all facts and documents that are or might be material or that we may request, (2) keep us apprised on a timely basis of all developments relating to the Representation that are or might be material, (3) attend meetings, conferences, and other proceedings when it is reasonable to do so, and (4) otherwise cooperate fully with us. Our firm has been engaged to provide legal services in connection with the Representation in the Matter, as specifically defined in our engagement letter. After completion of the Representation in the Matter, changes may occur in the applicable laws or regulations that could affect your future rights and liabilities in regard to the Matter. Unless we are actually engaged. after the completion of the Representation to provide additional advice an such issues, the firm has no continuing obligation to give advice with respect to any future legal developments that may pertain to the Matter. It is our policy and your agreement that the person or entity that we represent is the one identified in our engagement letter, and that our attorney- client relationship does not include any related persons, employees of the client, or related entities, Who Will Provide the Legal Services As our engagement letter confirms, Lloyd Gosselink Rochelle & Townsend, P.C. will represent you in the Matter. Lloyd Gosselink Rochelle & Townsend, P.C. is a Texas professional corporation. Although our firm will be providing legal services, each client of the firm customarily has a relationship principally with one attorney, or perhaps a few attorneys. At the same time, however, the work required in the Representation, or parts of it, may be performed by other firm personnel, including lawyers and paralegals. Such delegation may be for the purpose of involving other firm personnel with experience in a given area or for the purpose of providing services on an efficient and timely basis. Page I zh(gus,'27.2013 EXHIBIT I Communication and Confidentiality In keeping with technological advancements and the corresponding demands of clients, it is the practice of the firm to use electronic (email) correspondence from time to time to communicate and to transmit documents. As such, the possibility exists that electronic transmissions could be intercepted or otherwise received by third parties and lose their privileged nature if the method of communication is ruled to lack sufficient confidentiality. As with any correspondence regarding legal representation, regardless of the manner of transmission, we urge you to use caution in its dissemination in order to protect its confidentiality. By signing below, you agree that we may use email in the scope of the Representation. We recognize our obligation to preserve the confidentiality of attorney-client communications as well as the client confidences, as required by the governing rules of professional responsibility. If the Matter involves transactions, litigation or administrative proceedings or like proceedings in which our firm appears as counsel of record for you in publicly available records, we reserve the right to inform others of the fact of our representation of you in the Matter and (if likewise reflected or record in publicly available records) the results obtained unless you specifically direct otherwise. Periodically, the firm is asked to provide a Representative Client List to prospective clients and in various legal directories (e.g., Martindale-Hubbell and the Texas Legal Directory). Unless you advise us to the g contrary, we may disclose to third parties the fact that our firm represents you. Lloyd Gosselink is not requesting authorization to disclose any privileged information obtained during its representation. Disclaimer Lloyd Gosselink Rochelle & Townsend, P.C. has made no promises or guarantees to you about the outcome of the Representation of the Matter, and nothing in our engagement letter or these terms of engagement shat I be construed as such a promise or guarantee. Termination, At any time, you may, with or without cause, terminate the Representation by notifying us in writing of your intention to do so. Any such termination of services will not affect the obligation to pay for legal services rendered and expenses and charges incurred before termination, as well as additional services and charges incurred in connection with an orderly transition of the Matter. We are subject to the codes or rules of professional responsibility for the jurisdictions in which we practice. There, are several types of conduct or circumstances that could result in our withdrawing from representing a client, including, for example, the following, non-payment of fees or charges; misrepresentation or failure to disclose material facts; fraudulent or criminal conduct; action contrary to our advice; and conflict of interest with another client. We try to identify in advance and discuss: with our clients any situation that may lead to our withdrawal. A failure by you to meet any obligations under these terms of engagement shall entitle Lloyd Gosselink Rochelle & Townsend, P.C. to terminate the Representation. In that event, you will take all steps necessary to release Lloyd Gosselink Rochelle & Townsend, P,C, of any further obligations in the Representation or the Matter, including without limitation the execution of any documents necessary to effectuate our withdrawal from the Representation or the Matter. The right of Lloyd Gosselink Rochelle & Townsend, P.C. to withdraw in such circumstances is in addition to any rights created by statute or recognized by the governing rules of professional conduct. . Our engagement letter specifically explains our fees for services in the Matter. We will bill on a regular basis, normally each month, for fees and expenses and charges. It is agreed that you will make full payment within thirty (30) days of receiving our statement. We may give notice if an account becomes delinquent, and it is further agreed that any delinquent account must be paid upon the giving of such notice. if the delinquency continues and Page 2 ,-Iugust 2 7, 2013 EXHIBIT I you do not arrange satisfactory payment terms, we may withdraw from the Representation. However, any termination by either party may be subject to, or controlled by, orders of a court. Document Retention Upon completion of our work on this matter, it is our firm's policy that your original documents (e.g., permits, licenses, deeds, wills, etc.) and other client property be returned within a reasonable period of time. As to any documents so returned, we may elect to keep a copy of the documents in our stored files. Our own files, including lawyer work product pertaining to the matter, will be retained by the firm. 'These firm files include firm administrative records, time and expense reports, billing and accounting records, and interrial work product. Internal work product includes drafts, notes, internal communications (in both paper and electronic mediums), and legal and factual research prepared for the internal use of our firm's lawyers. All documents retained by the firm will be transferred to the person responsible for administering our records retention program. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any such documents or other materials retained by us after the completion of our work without additional notice. Charges for Expenses and Services Our invoices will include amounts for legal services rendered and for other expenses and services. Examples of other expenses and services include charges for photocopying, travel and conference expenses, messenger deliveries, computerized research, and other electronic transmissions or filings. In addition, we reserve the right to send to you for direct payment any invoices delivered to us by others, including experts and any vendors. Rates for our legal services, expenses and charges are subject to change from time to time and will be noted on your bill. In some situations, we can arrange for such services and expenses to be provided by third parties billed through our billings orby direct billing to the client. Standards of Professionalism and Attorney Complaint Information Pursuant to rules promulgated by the Texas Supreme Court and the State Bar of Texas, we are to advise our clients to the contents of the Texas Lawyer's Creed, a copy of which is attached. In addition, we are to advise clients that the State Bar of Texas investigates and prosecutes complaints of professional misconduct against attorneys licensed in Texas. A brochure entitled Attorney Complaint Information is available in our office in Austin and is likewise available upon request. A client that has any questions about the State Bar's disciplinary process should call the Office of the General Counsel of the State Bar of Texas at 1-800-932-1900 toll free. Additional Terms of Engagement I .7 .doe Page 3 A ugust 27, 2013 EXHIBIT I THE TEXAS LAWYER'S GREED A Mandate for Professionalism Promulgated by The Supreme Court of Texas and the Court of Criminal Appeals November 7, 1989 I am a lawyer; I am entrusted by the People of Texas to preserve and improve our legal system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of Professional Conduct, but I know that Professionalism requires more than merely avoiding the violation of laws and rules. I am committed to this Creed for no other reason than it is right. LOUR LEGAL SYSTEM A lawyer owes to the administration of justice personal dignity, integrity, and independence. A lawyer should always adhere to the highest principles of professionalism. 1. 1 am passionately proud of my profession. Therefore, "My word is my bond." 2. 1 am responsible to assure that all persons have access to competent representation regardless of wealth or position in life. 3. 1 commit myself to an adequate and effective pro bono program. 4. 1 am obligated to educate my clients, the public, and other lawyers regarding the spirit and letter of this Creed. 5; 1 will always be conscious of my duty to the judicial system. 11. LAWYER TO CLIENT A lawyer owes to a client allegiance, teaming, skill, and industry. A lawyer shall employ all appropriate means to protect and advance the client's legitimate rights, claims, and objectives. A lawyer shall not be deterred by any real or imagined fear of judicial disfavor or public unpopularity, nor be influenced by mere self-interest. 1. 1 will advise my client of the contents of this Creed when undertaking representation. 2. 1 will endeavor to achieve my client's lawful objectives in legal transactions and in litigation as quickly and economically as possible. 3. 1 will be loyal and committed to my clients lawful objectives, but I Will not permit that loyalty and commitment to interfere with my duty to provide objective and independent advice. 4. 1 will advise my client that civility and courtesy are expected and are not a sign of weakness. 5. 1 will advise my client of proper and expected behavior. 6. ( will treat adverse parties and witnesses With fairness and due consideration. A client has no right to demand that I abuse anyone or indulge in any offensive conduct. 7. 1 will advise my client that we will not pursue conduct which is intended primarily to harass or drain the financial resources of the opposing party. 8. 1 will advise my client that we will not pursue tactics which are intended primarily for delay, 9. 1 will advise my client that we will not pursue any course of action which is without merit. 10. 1 will advise my client that I reserve the right to determine whether to grant accommodations to opposing counsel in all matters that do not adversely affect my client's lawful objectives. A client has no right to instruct me to refuse reasonable requests made by other counsel. 11, 1 will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and settling disputes. EXHIBIT I Ill. LAWYER TO LAWYER A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of litigation, courtesy, candor, cooperation, and scrupulous observance of all agreements and mutual understandings. Ill feelings between clients shall not influence a lawyer's conduct, attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessional conduct in retaliation against other unprofessional conduct. 1. 1 will be courteous, civil, and prompt in oral and written communications. 2. 1 will not quarrel over matters of form or style, but I will concentrate on matter's of substance. 3. 1 will identify for other counsel or parties all changes I have made in documents submitted for review. 4. 1 will attempt to prepare documents which correctly reflect the agreement of the parties. I will not include provisions which have not been agreed upon or omit provisions which are necessary to reflect the agreement of the parties. 5. 1 Will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as practicable, when hearings, depositions, meetings, conferences or closings are cancelled. 6. 1 will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided legitimate objectives of my client will not be adversely affected. 7. 1 will not serve motions or pleadings in any manner that unfairly limits another party's opportunity to respond. 8. 1 will attempt to resolve by agreement my objections to matters contained in pleadings and discovery requests and responses. 9. 1 can disagree without being disagreeable. I recognize that effective representation does not require antagonistic or obnoxious behavior. I will neither encourage nor knowingly permit my client or anyone under my control to do anything which would be unethical or improper if done by me. 10. 1will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor bring the profession into disrepute by unfounded accusations of impropriety. I will avoid disparaging personal remarks or acrimony towards opposing counsel, parties and witnesses. I will not be influenced by any ill feeling between clients. I will abstain from any allusion to personal peculiarities or idiosyncrasies of opposing, counsel. 11, 1 will not take advantage, by causing any default or dismissal to be rendered, when I know the identity of an opposing counsel, without first inquiring about that counsel's intention to proceed. 12. 1 will promptly submit orders to the Court. I will deliver copies to opposing counsel before or contemporaneously with submission to the court. I will promptly approve the form of orders which accurately reflect the substance of the rulings of the Court, 13. 1 will not attempt to gain an unfair advantage by sending the Court or its staff correspondence or copies of correspondence. 14. 1 will not arbitrarily schedule a deposition, Court appearance, or hearing until a good faith effort has been made to schedule it by agreement. 15, 1 will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party. EXHIBIT I 16. 1 will refrain from excessive and abusive discovery. 17, 1 will comply with all reasonable discovery requests. I will not resist discovery requests which are not objectionable. I will not make objections nor give instructions to a Witness for the purpose of delaying or obstructing the discovery process. I will encourage witnesses to respond to all deposition questions which are reasonably understandable. I will neither encourage nor permit my witness to quibble about words where their meaning is reasonably clear. 18. 1 will not seek Court intervention to obtain discovery which is clearly improper and not discoverable. 19. 1 will not seek sanctions or disqualification unless it is necessary for protection of my client's lawful objectives or is fully justified by the circumstances. IV. LAWYER AND JUDGE Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection against unjust and improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and independence of the Court and the profession. 1. 1 will always recognize that the position of judge is the symbol of both the judicial system and administration of justice. I will refrain from conduct that degrades this symbol. 2. 1 will conduct myself in court in a professional manner and demonstrate my respect for the Court and the law. 3. 1 will treat counsel, opposing parties, witnesses, the Court, and members of the Court staff with courtesy and civility and will not manifest by words or conduct bias or prejudice based on race, color, national origin, religion, disability, age, sex, or sexual orientation. 4. 1 will be punctual. 5. 1 will not engage in any conduct which offends the dignity and decorum of proceedings. 6. 1 will not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities to gain an advantage. 7. 1 will respect the rulings of the Court. 8. 1 will give the issues in controversy deliberate, impartial and studied analysis and consideration. 9. 1 will be considerate of the time constraints and pressures imposed upon the Court, Court staff and counsel in efforts to administer justice and resolve disputes. Order of the Supreme Court of Texas and the Court of Criminal Appeals The conduct of a lawyer should be characterized at all times by honesty, candor, and fairness. In fulfilling his or her primary duty to a client, a lawyer must be ever mindful of the profession's broader duty to the legal system. The Supreme Court of Texas and the Court of Criminal Appeals are committed to eliminating a practice in our State by a minority of lawyers of abusive tactics which have surfaced in many parts of our country. We believe Such tactics are a disservice to our citizens, harmful to clients, and demeaning to our profession. The abusive tactics range from lack of civility to outright hostility and obstructionism. Such behavior does not serve justice but tends to delay and often deny justice. The lawyers who use abusive tactics, instead of being part of the solution, have become part of the problem. The desire for respect and confidence by lawyers from the public should provide the members of our profession with the necessary incentive to attain the highest degree of ethical and professional conduct. EXHIBIT I These rules are primarily aspirational. Compliance with the rules depends primarily upon understanding and voluntary compliance, secondarily upon reenforcement by peer pressure and public opinion, and finally when necessary by enforcement by the courts through their inherent powers and rules already in existence. These standards are not a set of rules that lawyers can use and abuse to incite ancillary litigation or arguments over whether or not they have been observed. We must always be mindful that the practice of law is a profession. As members of a learned art we pursue a common calling in the spirit of public service. We have a proud tradition. Throughout the history of our nation, the members of our citizenry have looked to the ranks of our profession for leadership and guidance. Let us now as a profession each rededicate ourselves to practice law so we can restore public confidence in our profession, faithfully serve our clients, and fulfill our responsibility to the legal system. The Supreme Court of Texas and the Court of Criminal Appeals hereby promulgate and adopt "The Texas Lawyer's Creed -- A Mandate for Professionalism" described above. In Chambers, this 7th day of November, 1989. The Supreme Court of Texas Thomas R. Phillips, Chief Justice Franklin S. Spears, Justice C. L. Ray, Justice Raul A. Gonzalez, Justice Oscar H. Mauzy, Justice Eugene A. Cook, Justice Jack Hightower, Justice Nathan L. Hecht, Justice Lloyd A. Doggett, Justice The Court of Criminal Appeals Michael J. McCormick, Presiding Judge W. C. Davis, Judge Sam Houston Clinton, Judge Marvin O. Teague, Judge Chuck Miller, Judge Charles F. (Chuck) Campbell, Judge Bill White, Judge M. P. Duncan, III, Judge David A. Berchelmann, Jr., Judge EXHIBIT 2 DRAFT MINUTES PUBLIC UTILITIES BOARD July 13, 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, July 13, 2015 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901 Texas Street, Denton, Texas. Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Barbara Russell and Charles Jackson Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities Absent: Lilia Bynum OPEN MEETING: CONSENT AGENDA: 4. Consider recommendation for approval of a first supplemental and amended engagement letter for professional legal services by and between the City of Denton, Texas and the law firm of Lloyd Gosselink, Austin, Texas regarding the pending litigation entitled: The City of Denton, Texas v NRG Power Marketing, LLC, Case No. 15- 01404 -16, pending in the 16th Judicial District Court in and for Denton County, Texas (File No. 5771 in the additional sum of not -to- exceed $500,000, totaling $595,000). Board Member Russell pulled 4, 5 and 8 for questions. Russell asked for item #4 what happens if we are in the middle of the negotiations and get the $595,000. Phil Williams answered that the billings go to Michael Copeland to review for appropriateness of charges. If it is anticipated that that will go over they will ask for further approval. Copeland added that we are now in the litigation stage. We were in the settlement stage until last month. This is an estimate. Motion was made to approve item 4 by Board Member Russell with the second by Board Member Jackson. The vote was 6 -0 approved. Adjournment - 11:13 a.m. EXHIBIT 3 A9j031► : I ► ► IN K13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AND AMENDED ENGAGEMENT LETTER WITH LLOYD GOSSELINK ROCHELLE & TOWNSEND, P.C. FOR PROFESSIONAL LEGAL SERVICES RELATING TO THE PENDING LITIGATION ENTITLED THE CITY OF DENTON, TEXAS V NRG POWER MARKETING, LLC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE (FILE NO. 5771 — IN THE ADDITIONAL AMOUNT OF NOT -TO- EXCEED $500,000, AGGREGATING NOT -TO- EXCEED $595,000). WHEREAS, the City Council deems it necessary, appropriate, and in the public interest to continue the engagement of Lloyd, Gosselink, Rochelle & Townsend, P.C.,. Austin, Texas to provide professional legal services relating to the pending litigation entitled: The City of Denton, Texas v NRG Power Marketing, LLC; and WHEREAS, on February 13, 2015, the Acting City Manager approved the original Engagement Letter to provide professional legal services relating to the claims of the City against NRG; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and the City Council hereby finds and concludes that the law firm of Lloyd, Gosselink, Rochelle & Townsend, P.C., Austin, Texas (the "Firm ") is appropriately qualified under the provisions of the law to be retained as outside legal counsel for the City; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional legal services, as set forth in the supplemental and amended Engagement Letter dated July 2, 2015; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations in the preamble are true and correct and are incorporated herewith as part of this ordinance. SECTION 2. The City Manager, or his designee, is hereby authorized to execute a supplemental and amended Engagement Letter dated July 2, 2015 with the law firm of Lloyd, Gosselink, Rochelle & Townsend, P.C., Austin, Texas for professional legal services relating to the pending litigation entitled: The City of Denton, Texas v NRG Power Marketing; which supplemental and amended Engagement letter is attached hereto and incorporated herein by reference. EXHIBIT 3 SECTION 3. The award of this supplemental and amended Engagement Letter is on the basis of the demonstrated competence and qualifications of Lloyd, Gosselink, Rochelle & Townsend, P.C. (the "Firm") and the ability of the Finn to perform the professional legal services needed by the City for a fair and reasonable price. SECTION 4. The expenditure of funds as provided in the attached supplemental and amended Engagement Letter is hereby authorized, and the previous expenditures regarding this project are hereby confirmed, ratified and approved. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY 0 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 2 CHRIS WATTS, MAYOR EXHIBIT 4 Lloyd ,i, Gosselink gEli j ATTORNEYS AT LAW Mr. Townsend's Direct Line: (5 12) 322-5830 Email: ltownsend@lglawfirrn,corn July 2, 2015 Ms. Anita Burgess City Attorney City of Denton 215 East McKinney Denton, Texas 76201 81 b Congress Avenue, Suite 1900 Austin,Texas 78701 Telephone: (5 12) 322-5800 Facsimile: (512) 472-0532 www.iglawfirm.com Re: Supplement and Amendment to February 13, 2015 Engagement Letter — City of Denton Billing File Number: 1060-48 Dear Anita: This letter supplements and amends the February 13, 2015, Engagement Letter between the City of Denton and Lloyd Gosselink Rochelle & Townsend, P.C. ("Lloyd Gosselink") regarding the City's claims against NRG Power Marketing, LLC ("NRG") to expressly authorize additional amounts payable above the Ninety-Five Thousand Dollars ($95,000) authorized in the Engagement Letter. The efforts to reach an early, negotiated resolution of the dispute between the City and NRG have not been successful. Therefore, litigation of the dispute is necessary. To that end, this letter supplements and amends the February 13, 2015, Engagement Letter and constitutes express authorization by the City to increase the amounts payable related to the Representation provided to the City by Lloyd Gosselink by an additional sum of not to exceed Five Hundred Thousand and No/100 Dollars ($500,000.00). If this Supplement and Amendment to the parties' Engagement Letter is acceptable, we would appreciate you signing and returning one of the enclosed four originals of this document. Sincerely, rr Lloyd Gosselink Rochelle & Townsend, P.C. July 2, 2015 Page 2 Approved As to Legal Form: >Kfta ; .. orney r r LT /yl 1060/48//4798863 EXHIBIT 4 George C. Campbell, City Manager Date City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: Z15 -0012, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: Jon Fortune Date: July 21, 2015 SUBJECT Hold a public hearing and consider an initial zoning of Neighborhood Residential 1 (NR -1) on approximately 4.495 acres of land generally located approximately 760 feet east of South Trinity Road and 2,600 feet north of East McKinney Street (FM 426). The Planning and Zoning Commission recommends approval (7 -0). BACKGROUND The subject property was annexed into the City of Denton in 2013. Once annexed, it received a placeholder zoning classification of RD -5X until the time that it receives approval of an initial zoning classification. The RD -5X zoning regulations currently governing the subject property are intended to protect the character and open space of the City's rural fringes by requiring a five -acre minimum lot size. This minimum lot size, however, limits the ability to develop the many one to four acre properties recently annexed by the City. This is the case for the subject property and many of the 12 properties surrounding the site, which range from one to five acres in size. Because the subject property does not meet the minimum lot size of five acres for the RD -5X district, the applicant is requesting an initial zoning of Neighborhood Residential 1 (NR -1) on the subject property to facilitate development of a single- family home. An NR -1 zoning district, which permits single - family with a maximum density of one unit per acre, would be compatible with the surrounding properties. Further detail and analysis of the NR -1 zoning request is provided in the attached Planning and Zoning Commission Report. To comply with the public hearing notice requirements, five notices were sent to property owners within 200 feet of the subject property, five courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. The applicant did not hold a neighborhood meeting. OPTIONS Approved as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. City of Denton Page 1 of 2 Printed on 7/16/2015 File #: Z15 -0012, Version: 1 RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (7 -0). The Development Review Committee recommends approval of this request. ESTIMATED SCHEDULE OF PROJECT Not Applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On June 17, 2015, the Planning and Zoning Commission recommended approval of the rezoning request (7 -0). FISCAL INFORMATION Not Applicable. BID INFORMATION Not Applicable. EXHIBITS 1. Planning and Zoning Commission Staff Report 2. Site Location/Aerial Map 3. Zoning Map 4. Future Land Use Map 5. Applicant Narrative 6. NR -1 Permitted Uses 7. Public Notification Map 8. June 17, 2015 Planning and Zoning Commission Minutes 9. Draft Ordinance Respectfully submitted: Aimee Bissett Interim Planning and Development Director Prepared by: Michael J. Bell Associate Planner City of Denton Page 2 of 2 Printed on 7/16/2015 Planning Report Z15- 0012 /Storrie Home City Council District 2 Planning & Zoning Commission June 17, 2015 Public Hearing Item 413 REQUEST: Hold a public hearing and consider making a recommendation to City Council regarding an initial zoning of Neighborhood Residential 1 (NR -1) on approximately 4.495 acres of land generally located approximately 760 feet east of South Trinity Road and 2,600 feet north of East McKinney Street (FM 426). OWNER/APPLICANT: Martha C. Storrie, Property Owner /Applicant BACKGROUND: The subject property was annexed into the City of Denton in 2013. Once annexed, it received a placeholder zoning classification of RD -5X until the time that it receives approval of an initial zoning classification. The applicant is therefore requesting an initial zoning of Neighborhood Residential 1 (NR -1) on the subject property to facilitate development of a single- family home. SITE DATA: The approximately 4.495 acre subject property is a landlocked parcel located 760 feet east of South Trinity Road. Currently undeveloped, an access easement has been acquired by the applicant to extend the private flag drive between the subject property and South Trinity Road to access the site. Platting of the property will be required prior to development. USE OF PROPERTY UNDER CURRENT ZONING: Under the RD -5X placeholder district, the subject property is subject to all the regulations of the Rural Residential (RD -5) zoning classification in Subchapter 5 of the Denton Development Code. The RD -5 zoning primarily permits uses rural in nature including agriculture, livestock, large -lot single family, manufactured housing developments, sale of products grown on site, veterinary clinics, kennels, day cares, and elementary schools. Group homes, administrative or research facilities, feed lots, and gas wells require approval of a Specific Use Permit (SUP). SURROUNDING ZONING AND LAND USES: North: Property to the north is zoned RD -5X and is undeveloped. East: Property to the east is zoned NR -4 and is undeveloped. South: Property to the south is zoned RD -5X and is used for Farm/Ranch activities. West: Properties to the west are zoned RD -5X and NR -1 and are used for single- family residential. COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES: The RD -5 zoning regulations currently governing the subject property are intended to protect the character and open space of the City's rural fringes by requiring a five -acre minimum lot size. This minimum lot size, however, limits the ability to develop the many one to four acre properties recently annexed by the City. This is the case for the 12 properties surrounding the site, which range from one to five acres in size. An NR -1 zoning district, which permits single - family with a maximum density of one unit per acre, would be compatible with the surrounding properties. COMPREHENSIVE PLAN: Per Denton Plan 2030 Future Land Use Map, the subject property is located near the boundary between a Rural Areas designation to the east of South Trinity Road and Low Density Residential designation to the west. Denton Plan 2030 describes Rural Areas and Low Density Residential as follows: Rural Areas are intended to allow fay in and ranches as the predominant uses, along with very low density residential and rural commercial. This land use may allow lots as small as one acre under the gross density provision to allow for conservation development which clusters smaller lots while peg inanently protecting scenic rural open space. This land use may allow single family on large lots, which is suited for areas on the periphery of the City that complement a more suburban type of development. Development in this future land use category will continue the present character of the rural areas of Denton with low profile homes of no greater than two stories, generous lots and setbacks, and materials that complement the natural surroundings and ranch heritage. Low Density Residential includes the city's predominantly single family neighborhoods with lot sizes ranging from one acre in the rural fringe areas up to four units per acre throughout the City's many suburban subdivision. Generally these types of single family neighborhoods are developed as distinct subdivisions that are linked by internal circulation systems with limited access to local and connector roads. Denton Plan 2030 recognizes the gap between RD -5 and NR -1 in current zoning regulations that prevents 1 to 4 acre single - family development with rural character. To correct this, Denton Plan 2030 recommends for the creation of a new zoning district within the Rural Areas Future Land Use Designation that would allow for development similar to the subject property. Until this new zoning category is created, the NR -1 zoning category is the most appropriate zoning category to accomplish the goals of the Comprehensive Plan. CONSIDERATIONS: 1. The applicant intends to develop the subject property for a single - family house. However, because the RD -5 zoning district requires a minimum lot size of five acres and the subject property is approximately 4.495 acres, development under the current zoning is unfeasible without approval of a Board of Adjustment variance or assembling additional land. Therefore the applicant is requesting an initial zoning of NR -1. Planning Report Z15 -0012 Page 2 of 4 2. An NR -1 zoning would normally permit subdivision of the subject property into four lots. However, because the subject property and the two properties to the west share access from South Trinity Road via a private flag drive and only three properties are permitted to access a flag drive, further subdivision of the property will be prohibited. This will help protect the one to five acre lot pattern and rural character of the neighborhood. 3. Per Section 35.3.43 of the DDC, zoning changes may be approved if the proposed rezoning conforms to the Future Land Use element of the Denton Plan 2030, and that the proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, and other public requirements and public convenience. 4. The request conforms to the Denton Plan 2030 goals for Rural Areas. STAFF RECOMMENDATION: Staff recommends approval of the request as it is compatible with the surrounding property and 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. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, five notices were sent to property owners within 200 feet of the subject property, five courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. The applicant did not hold a neighborhood meeting. PROJECT TIMELINE: Planning Report Z15 -0012 Page 3 of 4 Business Days Business Subject Date under Days out DRC Review to Applicant Application Received Aril 15, 2015 - - lst Submittal sent to DRC Members Aril 21, 2015 - - Comments Released to Applicant May 8, 2015 13 - DRC Meeting with Staff Ap licant Declined - - Total Business Days 13 0 Planning Report Z15 -0012 Page 3 of 4 ATTACHMENTS: • Aerial Map • Zoning Map • Future Land Use Map • NR -1 Permitted Uses • Applicant Narrative • Public Notification Map Prepared By: Michael J. Bell Associate Planner Reviewed By: Date: June 11, 2015 Ron Menguita, AICP Development Review Committee Administrator Date: June 11, 2015 Reviewed By: Munal Mauladad Assistant Director, Planning and Development Date: June 11, 2015 Planning Report Z15 -0012 Page 4 of 4 Z15-0012 Site Location/Aerial Map N Site Parcels w E DE NTT N llainn�nq DelpailmoM - GIS Streets S DENTON L---L t j Z15-0012 Zoning Map SITE N Site Parcels w E DENTON llainn�nq DelpailmoM - GIS Streets S DENTON L---L j Z15-0012 Future Land Use Map Site Certified County Parcels W- DENTON Streets a 100 ma 400 DENTON Neighborhood Residential Permitted Uses RESIDENTIAL: P Agriculture, Single- family Dwellings, Community Homes for the Disabled L(7) Livestock L(1), SUP Accessory Dwelling Units COMMERCIAL: P Home Occupation, Outdoor Recreation L(38) Temporary Uses SUP Equestrian Facilities INDUSTRIAL: L(14) L(27) L(37) Veterinary Clinics Gas Wells Kennels INSTITUTIONAL: P Parks and Open Space, Churches L(25) Basic Utilities L(41) WECS (Free Standing Monopole Structure) L(42) WECS (Building Mounted P = Permitted, L( #) = Permitted with a Limitation, SUP = Specific Use Permit LIMITATIONS: L(1) — Subject to the following criteria: 1. The proposal must conform with the overall maximum lot coverage and setbacks requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed one per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off - street parking provisions of the DDC. 5. The maximum GHFA of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than 10 acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than 10 acres. L(7) — Limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of one per each acre over three acres. L(14) — Uses are limited to no more than 10,000 square feet of gross floor area. L(25) — If proposed use is within 200 feet of a residential zone, approval is subject to an SUP. L(27) — Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production L(37) — Five acre minimum land area required and no more than 25 kennels per acre allowed, included indoor and outdoor runs. A natural buffer stil is required adjacent to any residential use. L(38) — Must meet the requirements of Section 35.12.9. L(41) — Lots where the proposed WECS will be located shall have a minimum lot area of two acres. A maximum of one WECS is permitted by right. Multiple WECS are permitted only with approval of an SUP. L(42) — Building mounted WECS may not extend higher than 10 feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades' elevation. If the WECS does not use blades, then height is measured from the base of the WECS where it is mounted on the building to the highest point of the WECS. Z15 -0012 Applicant Narrative Project Narrative: 7000 LUTHA LANE Denton TX 76208 I purchased this rural parcel (approx. 4.495 acres) in Denton County in 2010, after completing a pre - approval process with the City of Denton. This parcel was annexed to the City of Denton in April 2013. 1 am ready to build a home (2000 — 2500 s.f.) Because the property is not yet zoned, I consulted with the City of Denton Planning & Development Department staff, informally and formally, through the pre - application process and conference. I have been instructed to apply for zoning for my property. I am requesting the zoning "NR1" for 7000 Lutha Lane, Denton TX 76208 Site history is that of agricultural purpose — mainly livestock grazing. The property is not platted yet. Livestock grazing occurs on acreage to the north and south of the property; undeveloped land is east of the property, and to the west, 3 tracts of land separate me from Trinity Road, but access to my property is provided by these land owners via a gravel path through their properties. Hence, I am "landlocked ". Existing site conditions include natural drainage across my land to (originally, a US Army Corps of Engineers) booster pond for Lake Lewisville. My plan is to build on high ground, above the FEMA floodplain area, away from the pond, leaving a generous riparian border. My water well is working, operated by electricity for the water well specifically. If economically feasible, I plan to acquire easements to obtain city water. I plan to construct a septic system when the house is built, pending zoning /platting /permitting. Martha C. Storrie 229 Merriman Dr�,,`,� Highland Village TX 75077 -6868 tel 972 - 965 -2126 N w 1 Z15-0012 Public Notification Map 500 F'T. BUFFER N Site w E Parcels ...... DENTON S llninniinq 11 ella.'airtl.moM - GIS Streets DENTON ----i I j I Z15-0012 Site Location/Aerial Map N Site Parcels w E DE NTT N llainn�nq DelpailmoM - GIS Streets S DENTON L---L t j Z15-0012 Zoning Map SITE N Site Parcels w E DENTON llainn�nq DelpailmoM - GIS Streets S DENTON L---L j Z15-0012 Future Land Use Map Site Certified County Parcels W- DENTON Streets a 100 ma 400 DENTON Z15 -0012 Applicant Narrative Project Narrative: 7000 LUTHA LANE Denton TX 76208 I purchased this rural parcel (approx. 4.495 acres) in Denton County in 2010, after completing a pre - approval process with the City of Denton. This parcel was annexed to the City of Denton in April 2013. 1 am ready to build a home (2000 — 2500 s.f.) Because the property is not yet zoned, I consulted with the City of Denton Planning & Development Department staff, informally and formally, through the pre - application process and conference. I have been instructed to apply for zoning for my property. I am requesting the zoning "NR1" for 7000 Lutha Lane, Denton TX 76208 Site history is that of agricultural purpose — mainly livestock grazing. The property is not platted yet. Livestock grazing occurs on acreage to the north and south of the property; undeveloped land is east of the property, and to the west, 3 tracts of land separate me from Trinity Road, but access to my property is provided by these land owners via a gravel path through their properties. Hence, I am "landlocked ". Existing site conditions include natural drainage across my land to (originally, a US Army Corps of Engineers) booster pond for Lake Lewisville. My plan is to build on high ground, above the FEMA floodplain area, away from the pond, leaving a generous riparian border. My water well is working, operated by electricity for the water well specifically. If economically feasible, I plan to acquire easements to obtain city water. I plan to construct a septic system when the house is built, pending zoning /platting /permitting. Martha C. Storrie 229 Merriman Dr�,,`,� Highland Village TX 75077 -6868 tel 972 - 965 -2126 Neighborhood Residential Permitted Uses RESIDENTIAL: P Agriculture, Single- family Dwellings, Community Homes for the Disabled L(7) Livestock L(1), SUP Accessory Dwelling Units COMMERCIAL: P Home Occupation, Outdoor Recreation L(38) Temporary Uses SUP Equestrian Facilities INDUSTRIAL: L(14) L(27) L(37) Veterinary Clinics Gas Wells Kennels INSTITUTIONAL: P Parks and Open Space, Churches L(25) Basic Utilities L(41) WECS (Free Standing Monopole Structure) L(42) WECS (Building Mounted P = Permitted, L( #) = Permitted with a Limitation, SUP = Specific Use Permit LIMITATIONS: L(1) — Subject to the following criteria: 1. The proposal must conform with the overall maximum lot coverage and setbacks requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed one per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off - street parking provisions of the DDC. 5. The maximum GHFA of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than 10 acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than 10 acres. L(7) — Limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of one per each acre over three acres. L(14) — Uses are limited to no more than 10,000 square feet of gross floor area. L(25) — If proposed use is within 200 feet of a residential zone, approval is subject to an SUP. L(27) — Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production L(37) — Five acre minimum land area required and no more than 25 kennels per acre allowed, included indoor and outdoor runs. A natural buffer stil is required adjacent to any residential use. L(38) — Must meet the requirements of Section 35.12.9. L(41) — Lots where the proposed WECS will be located shall have a minimum lot area of two acres. A maximum of one WECS is permitted by right. Multiple WECS are permitted only with approval of an SUP. L(42) — Building mounted WECS may not extend higher than 10 feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades' elevation. If the WECS does not use blades, then height is measured from the base of the WECS where it is mounted on the building to the highest point of the WECS. N w 1 Z15-0012 Public Notification Map 500 F'T. BUFFER N Site w E Parcels ...... DENTON S llninniinq 11 ella.'airtl.moM - GIS Streets DENTON ----i I j I June 17, 2015, Planning & Zoning Commission Minutes B. Hold a public hearing and consider making a recommendation to City Council regarding _ an initial zoning of Neighborhood Residential 1 (NR -1) on approximately 4.495 acres of land generally located approximately 760 feet east of South Trinity Road and 2,600 feet north of East McKinney Street (FM 426). (Z15 -0012, Storrie Home, Mike Bell) Mike Bell, Associate Planner, presented the request. He provided the location map, zoning map, future land use map and criteria for approval. The Development Review Committee recommends approval of this request. There was no discussion from the Commissioners. Chair Thom Reece opened the Public Hearing. There was no one to speak on the item, Chair Thom Reece closed the Public Hearing. Commissioner Brian Bentley motioned, Commissioner Jim Strange seconded to approve this request. Motion approved (7 -0). Commissioner Devin Taylor "aye ", Commissioner Frank Dudowicz "aye ", Commissioner Amber Briggle "aye ", Commissioner Jim Strange "aye ", Commissioner Brian Bentley "aye ", Commissioner Frank Conner "aye ", and Chair Thom Reece "aye. sAlegal \our documents\ordinances\1 5\71 5-0012 ordinance.docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING AN INITIAL ZONING DISTRICT AND USE CLASSIFICATION OF NEIGHBORHOOD RESIDENTIAL 1 (NR -1) ON APPROXIMATELY 4.495 ACRES OF LAND GENERALLY LOCATED ON THE EAST SIDE OF SOUTH TRINITY ROAD AND APPROXIMATELY 1,300 FEET NORTH OF MILLS ROAD, 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. (Z15 -0012) WHEREAS, Martha Storrie, property owner, has applied for an initial zoning district and use classification of Neighborhood Residential 1 (NR -1) on approximately 4.495 acres of land legally described in Exhibit "A ", attached hereto and incorporated herein by reference (hereinafter, the "Property "); and WHEREAS, on June 17, 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 July 21, 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; and 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 to Neighborhood Residential 1 (NR -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. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY IC APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 4t Exhibit A Legal Description BEING all that certain tract of land situated in the 'M. Forrest Survey, Abstract Number 417, in the City and County of Denton, Texas and being a resurvey of the called 4.5018 acre tract described in the deed from Kimberly East to M.L. Roland, et ux, recorded under Clerk's File Number 95- R0042069 of the Real Property Record of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Northeast corner of the tract being described here in at a x -tire fence corner post for the Northeast corner of said Roland tract; THENCE South 03 degrees 35 minutes 21 seconds West with the East line thereof, generally along a fence a distance of 352.08 feet to a 5/8 inch iron rod for the Southeast corner of said Roland tract, same being the Northeast corner of a call 1.000 acre tract described in the deed to Sue Shimer recorded in volume 2586, Page 48, Real Property Records; THENCE North 86 degrees 29 minutes 43 seconds West with the South line of said Roland tract and the North line of said 1.000 acres, generally along a fence a distance of 178.58 feet to a nail set in a willow tree at the edge of a small lake at an angle point in the south line of said Roland tract; THENCE North 74 degrees 04 minutes 09 seconds West with the South line of said Roland tract in said small lake distance of 447.97 feet to the Southwest corner of said Roland tract; THENCE North 03 degrees 38 minutes 44 seconds East with the West line thereof, leaving said lake a distance of 255.70 feet to a capped iron rod set for the Northwest corner of said Roland tract at the Northeast corner of that certain 25 foot Ingree- Egress easement described in said Roland Deed; THENCE South 85 degrees 29 minutes 40 seconds East with the North line of said Roland tract, generally along a fence a distance of 615.84 feet to the PLACE OF BEGINNING and enclosing 4.495 acres of land, more or less. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: S15 -0002, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: Jon Fortune Date: July 21, 2015 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit (SUP) for Multi - Family Dwellings in Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district and use classifications. The approximately 11.4 acre site is generally located on the south side of McKinney Street (FM 426), approximately 1,000 feet west of Mockingbird Lane; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (7 -0) with conditions. BACKGROUND The applicant is requesting approval of a SUP to construct a multi - family development (The Majestic on McKinney Apartments), containing 217 units on property zoned Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU -12) Districts. The proposed development would comprise of six 3 -story buildings with a one -story clubhouse /leasing office, a pool amenity with sports courts and a dog park. The entire development would total 280,069 square feet of building footprint. Multi- family dwellings require approval of a SUP within NRMU and NRMU -12 zoning districts. Staff has analyzed the proposal and has determined that it conforms to the conditions for approval set forth in Section 35.6.4 of the Denton Development Code (DDC), is compatible with the adjacent land uses, and meets the goals of the Denton Plan 2030. The proposal will be compatible with the surrounding developments and will not be injurious to the use and enjoyment of other property within the vicinity of the site. The multi - family development is located between an electric substation to the west and a church to the east and across the street to the south of a residential neighborhood. The undeveloped property to the south is zoned NR -4 and is intended to develop with compatible uses. The infrastructure needs of the undeveloped property were assessed and taken into consideration. The multi - family development will not impede the normal or orderly development of the surrounding vacant property. The Denton Plan 2030 designates the subject property and the surrounding area as Moderate Residential. The intention is to encourage denser housing communities between McKinney Street and Shady Oaks Drive that will support adjacent areas to the south designated as Business Innovation and Regional Mixed Use located City of Denton Page 1 of 3 Printed on 7/16/2015 File #: S15 -0002, Version: 1 within the inner portion of South Loop 288. A thorough analysis of the proposed land use and associated site plan details is reflected in the Staff Analysis. To comply with public hearing notice requirements, 13 public hearing notices were mailed to property owners within 200 feet of the subject property. In addition, 27 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 any responses for either in favor or in opposition of the SUP request. The applicant reached out to the neighboring community by mailing a project flyer describing the uses to property owners within 200 feet of the subject property. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Development Review Committee recommends approval of this request, with the following conditions: 1. The development must substantially conform to the proposed site plan and landscape plan. 2. The development must substantially conform to the proposed elevations. PRIOR ACTION/REVIEW (Council, Boards, Commissions) A public hearing was held at the June 17, 2015, Planning and Zoning Commission meeting and the Commission voted 7 -0 to recommend approval of the SUP to the City Council with the following conditions: 1. The development must substantially conform to the proposed site plan and landscape plan. 2. The development must substantially conform to the proposed elevations. F,XHIRITS 1. Staff Report 2. Site Location/Aerial Map 3. Zoning Map 4. Future Land Use Map 5. Proposed Site Plan 6. Proposed Landscape Plan 7. Proposed Elevation Rendering 8. Proposed Street Sections 9. Public Notification Map and Community Responses 10. Project Narrative 11. Site Photos 12. Draft Ordinance City of Denton Page 2 of 3 Printed on 7/16/2015 File M S15 -0002, Version: 1 Respectfully submitted: Aimee Bissett Interim Director, Planning and Development Prepared by: Ross Culbertson Senior Planner City of Denton Page 3 of 3 Printed on 7/16/2015 Planning Report S15- 0002 /Majestic on McKinney City Council District 1 Planning & Zoning Commission June 17, 2015 REQUEST: Hold a public hearing and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) for Multi - Family Dwellings on a property zoned Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use — 12 (NRMU -12). The approximately 11.4 acre site is generally located on the south side of McKinney Street (FM 426), approximately 1,000 feet west of Mockingbird Lane. OWNER/APPLICANT: Owner: Andrew Merrick Applicant: Pacheco Koch BACKGROUND: The applicant is requesting approval of a SUP to construct a multi - family development (The Majestic on McKinney), containing 217 units on property zoned Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU -12) Districts. The Denton Development Code (DDC) requires approval of a SUP for Multi - Family Dwelling uses within these zoning districts. The property is not currently platted. The applicant has submitted a Preliminary Plat (PP15- 0007) in conjunction with this SUP request to dedicate a lot of record and record necessary easements for the use, see concurrent agenda item for (PP15 -0007 — The Majestic on McKinney). SITE DATA: The site is undeveloped and contains tree groves at the northwest and southeast corners of the site and along the south property line. The applicant has submitted a Tree Protection Plan with the SUP request indicating removal of most of the interior trees and maintaining trees along the south property line. The Tree Protection Plan has been reviewed by the city's Urban Forester and meets the mitigation or protection requirements of the Tree Code. Additionally, there is a drainage outfall facility at the far northwest corner which serves a drainage channel along the western property line. The multi - family development will utilize the drainage channel and design an appropriate drainage system with future platting activities. USE OF PROPERTY UNDER CURRENT ZONING: The NRMU zoning district accommodates for neighborhood- oriented retail, office and service development with allowance for townhomes, civic uses and limited multi -story apartments. This category encourages moderate and higher intensity multi - family housing. The NRMU -12 zoning district accommodates for mixed use developments intended to preserve and protect existing neighborhoods and ensure new infill developments are compatible with existing land uses and land patterns. This category encourages low to moderate intensity multi - family housing. The proposed multi - family development respects the divided NRMU and NRMU -12 zoning districts by adhering to the maximum density, landscape area, lot coverage and other general development regulations required by each zoning district on the property. SURROUNDING ZONING AND LAND USES: North: Property to the north (across McKinney Street) is zoned as NRMU and is developed as a single- family neighborhood. East: Property to the east is zoned as Neighborhood Residential 4 (NR -4) and is developed as a church. South: Property to the south is zoned NR -4 and is undeveloped. West: Property to the west is zoned NRMU and NRMU -12 and is developed as an electrical transmission and distribution substation operated by Denton Municipal Electric (DME). COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES: The maximum density for NRMU zoning is 30 units /per acre and the site contains 6.38 acres, thus totaling to a maximum of 191 units. The applicant is proposing 157 units with a density of 24.6 units /per acre within the NRMU zoning district. The project also lies in the NRMU -12 zoning district having a maximum density of 12 units /per acre and the site contains 5.05 acres, for a total of 60 units /per acre. The applicant will provide the maximum allowed of 60 units with a density of 11.9 in the NRMU -12 zoning district. The residential neighborhood to the north is developed with an approximate gross density of 4 dwelling units per acre. Additionally there are five (5) multi - family apartment complexes approximately within a half mile from this subject property along McKinney Street, Woodrow Lane and Audra Lane. Although these uses are more intense than the adjacent single- family uses, their residential character is compatible with the existing neighborhoods. The addition of the proposed multi - family project would be consistent with allowed uses and allowed densities found within both the NRMU and NRMU -12 zoning districts and would not negatively impact adjacent land uses. COMPREHENSIVE PLAN: The Future Land Use category of the subject property is Moderate Density Residential. While the land use primarily includes single- family dwellings on smaller lot sizes; multi - family dwellings and townhomes may be located in this land use. Per the Denton Plan 2030, this land use applies to transition areas between established single- family neighborhoods and mixed -use commercial areas that can accommodate greater density and provide a variety of housing styles, types and prices compatible with adjacent development. Infill of multi - family dwellings should maintain a scale, style, and building orientation in order to complement the prevailing character of its surroundings. CONSIDERATIONS: 1. The applicant proposes a multi - family development on 11.4 acres, consisting of the following: Planning Report 515 -0002 Page 2 of 7 A. Six 3 -story apartment buildings containing 217 units, totaling 280,069 square feet of building area, B. One 1 -story apartment clubhouse /leasing office, being 5,318 square feet, C. A pool amenity with sports court area D. A dog park; and, E. A total of 372 parking spaces. 2. Pursuant to Section 35.6.4 of the DDC, a SUP may be granted if the proposed use conforms, or can be made to conform through the imposition of conditions, with all standards within the NRMU and NRMU -12 zoning districts for Multi - Family Dwellings. Additionally, the use must be in conformance with The Denton Plan 2030. 3. Per Section 35.6.4. B; a SUP shall be issued if it meets the following conditions: A. 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 SUP request will not be injurious to the use and enjoyment of other property within the vicinity of the site. The proposed multi - family development is located between an electric substation and a church and across the street of a residential neighborhood, having no impact on residential lots. The request will not directly diminish or impair adjacent property values. B. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The undeveloped property to the south is zoned NR -4 and is intended to develop with compatible uses. The infrastructure needs of the undeveloped property were assessed and taken into consideration. The multi - family development will not impede the normal or orderly development of the surrounding vacant property. C. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The SUP site plan indicates additional right -of -way dedication for future widening of McKinney Street. McKinney Street (FM 426) is a TxDOT highway and TxDOT construction plans are being prepared for an anticipated start of construction in 2017. Project coordination between TxDOT and the city is ongoing. Future impacts on public infrastructure or public facilities or services will be further evaluated and addressed during the platting stage of the subject property, prior to construction of any improvements on the subject property. Planning Report 515 -0002 Page 3 of 7 D. 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; The SUP site plan indicates the shared intersection of McKinney Street and Springtree Street as the main ingress and egress location for the multi - family development. A secondary egress only drive is located at the northeast corner of the site. The site's layout and building massing evenly distributes parking areas and connecting sidewalks for convenient internal vehicular and pedestrian movement. The site also defines an internal private drive leading to the clubhouse. This access drive acts as a private drive and meets the DDC intent of incorporating street trees and sidewalks. E. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The proposed multi - family development will be residential in nature, and therefore will not create a negative impact related to adverse site nuisances. Potential dust, noise, and vibration nuisance will be temporary, limited only during construction of the proposed development. F. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and The proposed development shall comply with light and glare requirements outlined in the DDC and will be addressed at the time of Building Permit plan review. G. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The SUP site plan conforms to the DDC Buffering Requirements by providing a Type B Buffer (a 10 -foot planting area with combination of five evergreen and deciduous trees and 30 shrubs per 100 linear feet) along the west and south property lines and a Type C Buffer (a 15 -foot planting area with combination of six evergreen and deciduous trees and 25 shrubs per 100 linear feet) along the east property line. Although a buffer is not required on the south property line, parking areas will be screened by landscaping and trees to mitigate impacts on future uses on the undeveloped property. Required street trees along McKinney Street are being provided as ornamental trees outside of the ultimate right -of -way and outside of a 20 -foot Pedestrian Access and Utility Easement. Landscaping requirements are sufficient and have been reviewed by the City's Landscape Administrator. 4. Per Section 35.6.4. C; a SUP shall be issued if adequate capacity of infrastructure can and will be provided to and through the subject property. Planning Report S15 -0002 Page 4 of 7 The applicant will be required to install adequate water and sewer mains from the existing lines along the north property line to the north as part of the development. All proposed infrastructure must comply with the requirements of the DDC and engineering Criteria Manuals. 5. Per Section 35.6.4. D; a SUP shall be issued if the Special Use is compatible with and will not have an adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone: A. Similarity in scale, bulk, and coverage. The applicant proposes six, three -story structures for a total of 280,069 square feet of building area. The size of each structure will vary; however, the buildings will be sited to break up the mass and provide adequate landscape area and pedestrian connections. B. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. With the future widening of McKinney Street, the surrounding streets and external sidewalk network will have adequate capacity to accommodate the proposed use. The subject property is located within walking distance to city park facilities to the west and retail establishments along Loop 288 to the east. Transit bus service stops, provided by DCTA Connect Route 3, area also available within close walking distance to the subject property. Service is available on weekdays and Saturdays and provides an opportunity for residents to access downtown, the universities, and shopping. C. Architectural compatibility with the impact area. Based upon the elevations provided by the applicant, the proposed development will include stone, brick, stucco, and cement fiber trim accents as compatible architectural features. The proposed elevations comply with the building material requirements of the DDC. D. Air quality, including the generation of dust, odors, or other environmental pollutants. The proposed development will be residential in nature, and therefore will not create a negative impact. E. Generation of noise, light, and glare. The proposed development must meet the noise requirements outlined in the City's Code of Ordinances and the light and glare requirements outlined in 35.13.12 of the DDC. Planning Report 515 -0002 Page 5 of 7 F. The development of adjacent properties as envisioned in The Denton Plan 2030. The Denton Plan 2030 designates the subject property and the surrounding area as Moderate Residential. The intention is to encourage denser housing communities between McKinney Street and Shady Oaks Drive that will support adjacent areas to the south designated as Business Innovation and Regional Mixed Use located within the inner portion of South Loop 288. G. Other factors found to be relevant to satisfy the requirements of this Chapter. Staff has reviewed the SUP and determined the request conforms to applicable DDC requirements. STAFF RECOMMENDATION: Staff recommends approval of the SUP request as it is compatible with the surrounding property and 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 the public hearing notice requirements, 13 notices were sent to property owners within 200 feet of the subject property, 27 courtesy notices were sent to physical addresses within 500 feet of the subject property, 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 any responses for either in favor or in opposition of the SUP request. The applicant reached out to the neighboring community by mailing a project flyer describing the uses to property owners within 200 feet of the subject property. PROJECT TIMELINE: Planning Report S15 -0002 Page 6 of 7 Business Days Business Subject Date under Days out DRC Review to Applicant Application Received March 2, 2015 - - 1 st Submittal sent to DRC Members March 13, 2015 - - Comments Released to Applicant March 27, 2015 14 - DRC Meeting with Staff April, 9, 2015 - 13 2n d Submittal Sent to DRC Members April 30, 2015 - Comments Released to Applicant May 14, 2015 15 11 3 rd Submittal Sent to DRC Members May 23, 2015 Total Business Days 29 24 Planning Report S15 -0002 Page 6 of 7 ATTACHMENTS: • Aerial Map • Zoning Map • Future Land Use Map • Proposed Site Plan • Proposed Landscape Plan • Proposed Elevations • Proposed Street Sections • Public Notification Map • Project Narrative • Applicant Public Outreach Flyer • Site Photos Prepared By: Ross Culbertson Senior Planner Date: 6/4/2015 Reviewed By: Ron Menguita, AICP Development Review Committee Administrator Date: 6/5/2015 Reviewed By: Munal Mauladad Assistant Director of Planning and Development Date: 6/9/2015 �a Planning Report 515 -0002 Page 7 of 7 J4 Pacheco Koch March 12, 2015 PK No.: 2836 - 13.098 Ms. Sophie Huemer Assistant Planner CITY OF DENTON 901 A Texas Street Denton, Texas 76209 Re: MAJESTIC ON MCKINNEY APARTMENTS City Project No. PAC12 -0096 2700 McKinney Street Denton, Texas Dear Ms. Huemer: This is the official request for a Specific Use Permit review for the 2700 McKinney Street Apartments. The project will be a multi - family project consisting of 217 units on approximately 11.43 acres located at 2700 McKinney Street. The site zoning is split between the NRMU and NRMU -12 zoning classifications. The site is currently raw land and is bounded on the south by raw land. To the east of the site is a religious facility and directly to the west is an existing open channel drainage facility. The property is bounded on the north by McKinney Street. Let me know if you have any questions or need any additional information. Sincerely, OLI-1- Joshua J. Jezek, P.E., CFM, LEEDI�AP BD +C CTL /smm 2836 - 13.098 LOT1 enc. cc: Wayne Lewis - Andrew Merrick 8350 N Cenfralll Expwy • Suite 1000 • Dallas, TX 75206 -1612 • T: 972.235.3031 • F: 972.235.95744 • pkce.com S15 -0002 The Majestic on McKinney Apartments — Site Photos Photo 1: View south into property from Springtree Street. Photo 2: View southeast into property from McKinney Street. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR MULTIFAMILY DWELLINGS IN THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) AND NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICTS AND USE CLASSIFICATIONS. THE APPROXIMATELY 11.4 ACRE SITE IS GENERALLY LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET (FM 426), APPROXIMATELY 1,000 FEET WEST OF MOCKINGBIRD LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABiLiTY CLAUSE AND AN EFFECTIVE DATE. (S15-0002) WHEREAS, a request was made by Joshua Jezek, (owner's engineer of record) to allow a Specific Use Permit for a Multi-Family Dwellings use on approximately 11.4 acres of land located at M. Yoachurn Survey, Abstract No. 1442 in the City of Denton, Denton County, Texas and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Property is within the Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-12) zoning districts use classifications; and WHEREAS, after notice published, a public hearing was held before the Planning and Zoning Commission in accordance with State law on June 17, 2015, whereby the Planning and Zoning Commission recommended (7-0) of the requested Specific Use Permit; and WHEREAS, after notice published, a public hearing was held before the City Council in accordance with State law and the City Council hereby finds that the request is consistent with the Denton Plan and federal, state, and local law and that the Applicant has agreed to comply with all provisions of 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; and WHEREAS, 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. SUP Granted. The Specific Use Permit (SUP) to allow Multi- Family Dwellings on the Property is hereby approved, subject to the following conditions: 1. The development must substantially conform to the proposed site plan and landscape plan attached in Exhibit B. 2. 'The development must substantially conform to the proposed elevations attached in Exhibit C. SECTION 3. 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 entity named above and is assignable and transferable. SECTION 4. 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 bylaw and/or Denton's Zoning Ordinance. SECTION S. 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 cease to be used as provided herein unless another SUP or appropriate zoning has been obtained. SECTION 6. 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 7. Penalty. Any person, firm, entity or corporation violating ally 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 8. 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 9. Effective Date of Ordinance. 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 M APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: CHRIS WATTS, MAYOR Exhibit A Legal Description mfan|l.422 acre tract of land situated in the M.YoachurnSurvey, Abstract No. 1442, Denton County, Texas; said tract being all ofo tract of land described in Warranty Deed k/ BL Denton Land \ LCC recorded in Document No. 201326267 of the {)tDciul Public Meumndm of Denton County, Texas, said 11.422 acre tract being more particularly described as follows: BEGINNING, atu point for corner in the centerline ofMcKinney Street (a variable width cight- oƒ-"/uy); TBUCNCB` South 72 degrees, 40 minutes, 41 seconds East, along the said centerline of McKinney Street, a distance of758.53 feet tnu point for corner; ].ffBNCB, South 02 degrees, 04 oninu1ca` 49 oeowode VVcwi, departing the said centerline of McKinney Street, at o distance of 51.29 feet passing o 1/2-inch in`o rod with "MBTKOP[EX 1849" cup found at the oodhwcm1 cooucc of Lot |, Block l, McKinney St. Bupdo1 Church Addition, an addition to the City of Denton, Tusuo according to the plat recorded in Cabinet P` Page 208 of the Map Records vF Den1ou County, Texas {hen continuing along the vvoat line of said Lot l in all uto{o| diot000c of 583.97 feet to u \-inob iron pipe found for corner; said point being the southwest corner mfsaid Lot | and the northwest corner ofa tract mf land described in Warranty Deed to Lioken Real Estate, CP. recorded in Document No. 20l2133042 of said Official Public Records, and the uodhoug ournc, of buot of land described in Warranty Deed 1n Linken Rea I Estate, LP. recorded in Document No. 201016100 of said Official Public Records; THENCE, North 80 degrees, 16 minutes, 31 seconds VVeo1, along the north line nf said second referenced [inkuo Bcu| BataAc iruu1, u distance o[720.58 feet to o 1/2-inoh iron rod with "RPLS 4857" cap found for uocnc, at the oodbrvco1 corner of said second referenced Linkcu 8oa| Estate tract and in the east line of a tract of land described in Special Warranty Deed to Staff Realty, Inc. recorded in Document No. 940006845 of said Official Records; , THENCE, Nmdb Ol degrees 15 noiuu1ey 37 seconds East, u|nug the said east line of the Staff Realty tract, passing at a distance of 61.22 feet a 1/2-inch iron rod found at the northeast corner of said Staff Realty \naui and the southeast uooucr of Lot l, Block A, McKinney Street Substation Addition, an addition to the City of Denton according to the plat ,cuwrdcd in Instrument No. 20l5-68 of said DfDuiu| Public Rouondo' and continuing along the oao\ line of said second- referenced Lo{ | at o dlmtuocu of 743.16 feet passing u 1/2-inob iron rod with "RPLS 4857" cup found for corner, then continuing in all a total distance of 787.99 Q:c1 to the POINT 01" BEGINNING; CONTAINING, 497,563 square feet or 11.422 acres, more or less Mark N. Peeples Date Registered Professiona Land Surveyor No. 6443 Pacheco Koch, LLC 8350N. Central Bxnvy.,#|0UU, Dallas TX75206 (972) 235-3031 T}{Reg. Surveying Firm LS-10193805 7 4L: Mrs Exhibit B Site Plan and Landscape Plan ju �AM 5 �n 'v QS I N 5 QS 4 4 Exhibit C Elevations • w 0 ,0 Ak 11 Hop OWN low I . . . . . . . . ....... Oiw% ii-�W iWAN URV ".M TIN ra Now 11111IR di !if yi ilk Jill A Wo U, m > T F IT U THE MAJESTIC ON McKINNEY , �O 2 z C., 6 7 �j P ERMIT HUD REVIEWS ET 0) 0 OtM4' z K > 21 B _q io 215 APARTMENTS IN DENTON, TEXAS FOR or ANDREW MERRICK COMPANIES 11011 fill iti H . w1fill'o ..... . . . . . . . 1"43 N a, il 110-111111!!I !if yi ilk Jill A Wo U, m > T F IT U THE MAJESTIC ON McKINNEY , �O 2 z C., 6 7 �j P ERMIT HUD REVIEWS ET 0) 0 OtM4' z K > 21 B _q io 215 APARTMENTS IN DENTON, TEXAS FOR or ANDREW MERRICK COMPANIES 11011 fill ..... . . . . . . . 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McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: Z15 -0005, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: Jon Fortune Date: July 21, 2015 SUBJECT Hold a public hearing and consider adoption of an ordinance to the City of Denton, Texas, amending Ordinance No. 2007 -032 which provided for a zoning change to a Neighborhood Residential 3 (NR -3) zoning district classification and use designation along with an overlay district, in order to modify conditions related to design criteria in the overlay on approximately 31 acres of land generally located on the southwest corner of Hinkle Drive and Windsor Street in the City of Denton, Denton County; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (6 -1), subject to conditions. BACKGROUND In 2007, the subject property was rezoned from Neighborhood Residential 2 District (NR -2) to NR -3 District with overlay conditions to restrict the development of the site. The applicant would like to develop the subject property into 101 single- family dwellings as an age - restricted neighborhood for active adults. This proposed development is intended to be a gated community designed to address residents' safety concerns with open visibility and secure walking trails. However, the overlay conditions imposed during the 2007 rezoning would restrict the applicant's ability to create a secure development specifically geared to an age restricted active adult community. This request does not change the underlying zoning of NR -3 District, its permitted uses, or maximum density, but rather removes or amends the existing design conditions. Further analysis on the specific overlay conditions and the proposed modifications is detailed in the attached Staff Report. 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 Future Land Use designation of the subject property is Low Density Residential, which includes single - family neighborhoods with densities up to 4 dwelling units per acre. Since the request would not change the underlying zoning designation from NR -3, the purpose, permitted uses, and maximum density, would remain the same, resulting in a development pattern that is consistent with the Low Density Residential designation. To comply with the public hearing notice requirements, 28 notices were sent to property owners within 200 feet of the subject property, 96 courtesy notices were sent to physical addresses within 500 feet of the subject City of Denton Page 1 of 3 Printed on 7/16/2015 File #: Z15 -0005, Version: 1 property, 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 received one response in opposition and one neutral response for the rezoning request. The applicant also hosted a neighborhood meeting on May 21, 2015, and Concerns included increased traffic, drainage, and improvements to Hinkle Drive. 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 (6 -1), subject to conditions: 1. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a cast stone column cap every 24 feet will be installed along the perimeter of the site. The setback of the proposed homes will be 50 feet minimum from the existing curb. The developer, and later a homeowner's association, will take responsibility for maintenance and irrigation of all open spaces and site amenities. 2. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. 3. Three -car Garages shall not face the street. 4. Any ingress or egress to the subject property shall not remove or affect the on- street bike lane on Hinkle Drive. Staff recommends approval of this request with the following modifications to the conditions: 1. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a cast stone column cap every 24 feet will be installed along the perimeter of the site. The setback of the proposed homes will be 50 feet minimum from the existing curb. The developer, and later a homeowner's association, will take responsibility for maintenance and irrigation of all open spaces and site amenities. 2. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. 3. Three -car Garages shall not face the street. ESTIMATED SCHEDULE OF PROJECT Not Applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City of Denton Page 2 of 3 Printed on 7/16/2015 File #: Z15 -0005, Version: 1 A public hearing was held at the June 17, 2015 Planning and Zoning Commission meeting. FISCAL INFORMATION Not Applicable. BID INFORMATION Not Applicable. EXHIBITS 1. Staff Report 2. Aerial Map 3. Zoning Map 4. Future Land Use Map 5. Ordinance No 2007 -032 6. Public Notification Map and Community Responses 7. Planning and Zoning Meeting Minutes from June 17, 2015 8. 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 7/16/2015 Planning Report Z15- 0005 /Fireside Park City Council District 3 Planning & Zoning Commission June 17, 2015 REQUEST: Consider making a recommendation to City Council amending Ordinance No. 2007 -032 which provided for a zoning change to a Neighborhood Residential 3 (NR -3) zoning district classification and use designation along with an overlay district, in order to modify conditions related to design criteria in the overlay. OWNER/APPLICANT: Bill Haney, Fireside Custom Homes, LLC BACKGROUND: The applicant would like to develop the subject property into 101 single- family dwellings as an age- restricted neighborhood for active adults. The proposed development is intended to be a gated community designed to address residents' safety concerns with open visibility and secure walking trails. In 2007, the subject property was rezoned from Neighborhood Residential 2 District (NR -2) to NR -3 District with overlay conditions to restrict the development of the site. SITE DATA: The subject property is approximately 31 acres and is located on the southwest corner of Hinkle Road and West Windsor Drive. The parcel is irregularly shaped and has approximately 1,250 feet of frontage on West Windsor Drive and 1,411 feet of frontage on Hinkle Road. There are no trees on the site and the property is undeveloped. USE OF PROPERTY UNDER CURRENT ZONING: The proposal will not change the permitted uses or density on the subject property. NR -3 District is intended for single - family uses with a maximum density of 3.5 dwelling units per acre. As the development is greater than two acres, there are no minimum lot sizes stipulated in the Denton Development Code (DDC). Attached single- family dwellings, Accessory Dwelling Units, Daycares and Elementary Schools are permitted with a Specific Use Permit (SUP). Parks, open space, and religious institutions are permitted by right. SURROUNDING ZONING AND LAND USES: North: Property to the north is zoned NR -2 District, Neighborhood Residential Mixed Use 12 District (NRMU -12) and Neighborhood Residential 4 District (NR -4). The NR -2 District and a portion of the NRMU -12 District are developed with North Lakes Park. The NR -4 District and the balance of the NRMU -12 District are developed with residential uses. East: Property to the east is zoned NR -3 District and NRMU -12 District. The NR -3 District is developed with a single family use. The NRMU -12 District is developed with Elderly Housing. South: The property to the south is zoned NR -2 District and is developed with Elderly Housing. West: Property to the west is zoned NR -2 District and is developed as Bowling Green Park. COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES: The purpose of the current zoning is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. Since the request would not change the zoning designation from NR -3, the purpose, permitted uses, maximum density, and lot coverage would remain the same. The surrounding established neighborhoods are zoned for residential uses and have developed with a residential character, including single- family uses, parks, and elderly housing. The requested modification of the overlay conditions placed on the subject property in 2007 will not negatively impact the existing surrounding neighborhoods, and the proposed age- restricted single - family dwellings are compatible with the adjacent zoning and uses. COMPREHENSIVE PLAN: Per the Denton Plan 2030, the Future Land Use designation of the subject property is Low Density Residential. This designation includes single- family neighborhoods with densities up to 4 dwelling units per acre. The neighborhoods should be developed "as distinct subdivisions that are linked by internal circulations systems with limited access to local and connector roads." The proposed request conforms to the Future Land Use designation of the subject property. CONSIDERATIONS: 1. This request does not change the underlying zoning of NR -3 District, its permitted uses, or maximum density. 2. The applicant is proposing to develop the approximately 31 -acre tract with a gated community for active adults (age restricted). The development would contain 101 single family lots and active recreation in the form a walking trail within the development. The intent is to provide a gated residential complex is to ensure the safety of the residents. 3. As indicated in the Background, the subject property is zoned NR3, but also has an overlay district with specific conditions as they relate to zoning and design criteria. It should be taken into consideration that the zoning criteria referenced in the conditions are in conflict with the DDC and are in fact more onerous and prevent the flexibility in creating a development specifically geared to an age restricted active adult community. 4. The conditions imposed by the overlay comprise; a. The woods along the south and east boundary of the site will be preserved. Planning Report Z15-0005 Page 2 of 7 It should be taken into consideration that the wooded area along the southern and eastern boundaries is not contained with the limits of the property. In addition, the property is not owned by the applicant. This condition should therefore be removed. Furthermore, the wooded area cited is in fact owned by the City of Denton and is parkland. b. A periineter fence with a "wrought" iron appearance, with taller posts topped by a decorative finial at the corner of each lot will be installed along the perilneter of the site. The setback of the fence will be 50 feet inininun from the existing curb. Rows of shrubbery between the fence and the sidewalk will be installed to obtain privacy. The distance from the fence and back of sidewalk will be a inininun of 12 feet. The developer, and later the H. O.A., will take responsibility for maintenance and irrigation of the approximately 3 -acre perimeter landscape area. The condition to install the fence 50 feet from the curb is not a DDC requirement and prevents the applicant from locating a perimeter walking trail within the secured gated community. The applicant proposes to modify this condition to locate the perimeter fence closer to the property line while maintaining a 50 -foot setback from the existing curb for the proposed homes. This modified condition permits the 50 -foot setback to be used as a walking trail amenity secured between the homes and a perimeter fence. The proposed design criteria condition for the perimeter fence is as follows: a perimeter fence with a "wrought" iron appearance, with taller posts topped by a cast stone column cap every 24 feet will be installed along the perimeter of the site. The setback of the proposed homes will be 50 feet minimum from the existing curb, although the DDC does not require this setback. The developer, and later a homeowner's association, will take responsibility for maintenance and irrigation of all open spaces and site amenities. c. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. Although this condition is more stringent than the DDC requires, the applicant does not propose removing the masonry condition and intends to comply with the condition. d. The following restrictions and conditions shall apply to single family detached homes: • Street right -of -way shall be a minimum of 56 feet. • Parkway width shall be a minimum of 9 feet. • Sidewalk width shall be a minimum of 5 feet. • Front yard setback shall be a minimum of 15 feet. • Side yard setbacks shall be a minimum of 6 feet. Planning Report Z15-0005 Page 3 of 7 • Rear yard setbacks shall be a ininiinuin of 10 feet, except for Rear Entry Garages. • Rear yard setback shall be a ininiinuin of 20 feet if garages are accessed through the rear of the property. • Front Entry Garages shall be setback 12 feet from the front most wall of that unit. • Three -car Garages shall not face the street. These conditions for single- family homes are either redundant or in conflict with requirements outlined in the DDC for the NR -3 District and the Transportation Criteria Manual, and should be removed. The conditions also reduce the applicant's ability to develop the site as proposed. The conditions for street and parkway widths conflict with the City's transportation requirements. According to the Transportation Criteria Manual, Residential Neighborhood Streets require a 50 -foot right -of -way and 11 -foot parkway widths, as opposed to the overlay conditions for 56 -foot right -of -way and 9 -foot parkway widths. The 5 -foot sidewalk condition is redundant, as a 5 -foot sidewalk is required for Residential Neighborhood Streets. The conditions for front and back yard setbacks conflict with the General Regulations for the NR -3 District. Per Section 35.5.2.3 of the DDC front and back yard setbacks only apply for subdivisions under two acres, whereas the conditions require 15 -foot front yard setbacks and 10 -foot rear yard setbacks. The side yard setback condition is redundant, as a 6 -foot side yard is required for non - attached buildings located in the NR -3 District. The overlay condition that three -car garages shall not face the street is neither required nor addressed by the DDC. The applicant intends to comply with this condition. Staff recommends that the overlay conditions should address design criteria only, and that restrictions and conditions which are redundant or conflict with zoning or transportation regulations be removed. The applicant requests that the condition to set back the front entry garage 12 feet from the front most wall be removed, as a 12 -foot offset decreases the visibility for residents at individual homes and would be construed as a safety risk. The DDC requires that the front entry garages may not extend forward of the front building wall, and the applicant intends to comply with this regulation. 5. Per Section 35.3.4.B of the DDC, zoning changes may be approved if the proposed rezoning conforms to the Future Land Use element of the Denton Plan 2030, and that the proposed Planning Report Z15-0005 Page 4 of 7 rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, and other public requirements and public convenience. 6. A neighborhood meeting was held on May 21, 2015. Twenty -six people attended the meeting. Concerns included increased traffic, drainage, and improvements to Hinkle Drive. An attendee also suggested that the applicant replace the proposed plants with native plants in the landscaping to reduce water usage. All infrastructure requirements will be addressed during the platting process. 7. The request conforms to the Future Land Use designation of Low Density Residential and meets the goals of the Denton Plan 2030. STAFF RECOMMENDATION: Staff recommends approval of the requested modifications as they are compatible with the surrounding property and is consistent with the goals and objectives of the Denton Plan 2030. Staff recommends the following modifications to the conditions; 1. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a cast stone column cap every 24 feet will be installed along the perimeter of the site. The setback of the proposed homes will be 50 feet minimum from the existing curb. The developer, and later a homeowner's association, will take responsibility for maintenance and irrigation of all open spaces and site amenities. 2. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. 3. Three -car Garages shall not face the street. 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 the public hearing notice requirements, 28 notices were sent to property owners within 200 feet of the subject property, 96 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. PROJECT TIMELINE: Planning Report Z15-0005 Page 5 of 7 Business Days Business Subject Date under Days out DRC Review to Applicant Application Received April 2, 2015 - - Planning Report Z15-0005 Page 5 of 7 I st Submittal sent to DRC Members April 7, 2015 - - Comments Released to Applicant April 24, 2015 13 - DRC Meeting with Staff Applicant Declined - - 2" d Submittal Sent to DRC Members April 29, 2015 3 Comments Released to Applicant May 1, 2015 2 Total Business Days 15 3 ATTACHMENTS: • Permitted Uses in Neighborhood Residential 3 • Aerial Map • Zoning Map • Future Land Use Map • Ordinance No 2007 -032 • Public Notification Map Prepared By: Julie Wyatt Assistant Planner Reviewed By: Ron Menguita, AICP Development Review Committee Administrator Date: Reviewed By: Munal Mauladad Assistant Director of Planning and Development Date: Planning Report Z15-0005 Page 6 of 7 Permitted Uses in Neighborhood Residential 3 (NR -3) Agriculture Livestock* Single- family Dwellings Accessory Dwelling Units* ** Attached Single- family Dwellings Community Homes for the Disabled Home Occupation Outdoor Recreation Gas Wells* ** Basic Utilities ** Parks and Open Space Churches Semi -Public Halls Clubs and Lodges* Adult or Child Day Care* Kindergarten/Elementary School* WECS* *Requires approval of a Specific Use Permit through the public hearing process * *Permitted with a Limitation Planning Report Z15-0005 Page 7 of 7 Feet 80 570 Aerial Map 0 95 190 3 Project No: CITY Legend ,...,I OF' Centerline Z1 5-000 5 DENTON Parcels Fireside Park NR-2 N 0 105 210 420 Feel Legend i1] NR-3 NRM. DENTON III NRA NRMLL12 VUu„�tirn. Subject Property ILl I NRM N RM UA ILl I:I IT, Lo m ZONING MAP Project No: Z15 -0005 Fireside Park NRMI NRM „n' M Y SAOur Documents \Ordinances107\ZO6 -003 4.doc ORDINANCE NO. 2627-692Z AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR -2) TO A NEIGHBORHOOD RESIDENTIAL 3 (NR -3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 30 ACRES, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF HINKLE DRIVE AND WINDSOR STREET AND LEGALLY DESCRIBED AS SITUATED IN THE CITY OF DENTON, DENTON COUNTY TEXAS, BEING A TRACT OF LAND IN THE N. H. MEISENHEIMER SURVEY, ABSTRACT NO, 810 AND THE ROBERT BEAUMONT SURVEY, ABSTRACT NO. 31 AND BEING A PORTION OF THAT CERTAIN TRACT CONVEYED TO RAYZOR INVESTMENTS LTD., AS TRACT ONE OF SECTION 5, IN DEED RECORDED IN VOLUME 1796, PAGE 601 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06 -0014) WHEREAS, Rick Baria has applied for a change in zoning for approximately 30 acres from a Neighborhood Residential 2 (NR -2) zoning district to a Neighborhood Residential 3 (NR- 3) zoning district classification and use designation: and WHEREAS, on January 10, 2007, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district classification and use designation for 30 acres of land described in Exhibit "A ", as tract of land situated in the city of Denton, Denton County Texas, being a tract of land in the N. H. Meisenheimer Survey, Abstract No. 810 and the Robert Beaumont Survey, Abstract No. 31 and being a portion of that certain tract conveyed to Rayzor Investments Ltd., as Tract One in Section 5, in deed recorded in Volume 1796, Page 601 of the Real Property Records of Denton County, which is attached and incorporated for all purposes herein (the "Property "), is hereby changed from a Neighborhood Residential 2 (NR -2) zoning district to a Neighborhood Residential 3 (NR -3) zoning district classification and use designation, with an overlay district containing the following restrictions and conditions: a. The woods along the south and east boundary of the site will be preserved. b. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a decorative finial at the corner of each lot will be installed along the perimeter of the site. The setback of the fence will be 50' minimum from the existing curb. Rows of shrubbery between the fence and sidewalk will be installed to obtain privacy. The distance from the fence and back of sidewalk will be a minimum of 12 -feet. The developer, and later an H.O.A., will take responsibility for maintenance and irrigation of the approximately 3- acre perimeter landscape area. c. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. d. The following restrictions and conditions shall apply to single - family detached homes: • Street right -of -way shall be a minimum of 56 feet. • Parkway width shall be a minimum of 9 feet. • Sidewalk width shall be a minimum of 5 feet. • Front yard setback shall be a minimum of 15 feet. • Side yard setbacks shall be a minimum of 6 feet. • Rear yard setback shall be a minimum of 10 feet, except for Rear Entry Garages. • Rear yard setback shall be a minimum of 20 feet if garages are accessed through the rear of the property. • Front Entry Garages shall be setback 12 feet from the front most wall of that unit. • Three -car Garages shall not face the street. Notwithstanding the above real property description, the property being rezoned includes all property to the centerline of all adjacent street right -or -way. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification and use designation. 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 affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. 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 6. 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 69 day of l� ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: Exhibit A DESCRIPTION OF PROPERTY SURVEYED SITUATED in the city of Denton, Denton County Texas, being a tract of land in the N. H. MEISENHEIMER SURVEY, Abstract No. 810 and the ROBERT BEAUMONT SURVEY, Abstract No. 31 and being a portion of that certain tract conveyed to Rayzor Investments Ltd., as Tract One in Section 5, in deed recorded in Volume 1796, Page 601 of the Real Property Records of Denton County, and said tract being more fully described as follows: BEGINNING at the northwest comer of Lot 1, Block 1, Gateway Addition, as shown on plat thereof recorded in Cabinet K, Slide 238, of the Plot Records of Denton County for the southwest corner of a remainder of said Rayzor Investments Tract One in the east line of that certain Tract III conveyed to the City of Denton by deed recorded in Volume 695, Page 669, of said Real Property Records, said point being on a curve whose center bears North 82 degrees, 44 minutes, 43 seconds West, 2293.00 feet, and from said point a 1/2" iron rod found in place bears North 88 degrees, 36 minutes, 20 seconds West, 0.30 foot; THENCE northerly with sold curve and with said east line of City of Denton Tract III for the west line of said Rayzor tract remainder, passing the northeast corner of said City Tract III and the southeast corner of that certain Tract I conveyed to the City of Denton by said deed recorded in Volume 695, Page 669, and continuing with the east line of said Tract I and said curve, in all a distance of 948.72 feet to a "RPLS 1640" capped 5/8 "iron rod set for the northwest corner of said Rayzor tract remainder, in the southeasterly line of that certain tract conveyed to the City of Denton as Tract I by deed recorded in Volume 697, Page 207 of said Real Property Records; THENCE North 46 degrees, 19 minutes, 50 seconds East, with the northerly line of said Rayzor tract remainder and said southeasterly line of City Tract I in Volume 697, Page 207, at 16.45 feet passing an "RPLS 1640" capped 5/8" iron rod set for reference, crossing the existing pavement of Windsor Drive, a publicly maintained roadway, continuing in all 104.66 feet; THENCE North 71 degrees, 38 minutes, 30 seconds East with the common line of said Rayzor tract. remainder and said City Tract I in Volume 697, Page 207, again crossing said Windsor Drive pavement, in all 737.20 feet to the west comer of that certain tract conveyed to Rayzor Investments by Correction instrument recorded in Volume 3441, Page 883, of,said Real Property Records; THENCE with the northerly and east lines of said Rayzor Investments tract for southerly and west lines of a remainder of said City Tract I recorded in Volume 697, Page 207, the following courses and distances: North 60 degrees, 38 minutes, 10 seconds East, 177.67 feet to the beginning of a curve whose center bears South 29 degrees, 21 minutes, 50 seconds East, 484.52 feet; easterly with said curve 231.94 feet to an "RPLS 1640" capped 5/8" iron rod set for the end of said curve at the northeast corner of said Rayzor tract described in Volume 3441, Page 883; and, South 0 degrees, 53 minutes, 45 seconds West, 24.43 feet to the southeast corner of said Rayzor tract described in Volume 3441, Page 883, in the southerly line of said City Tract I in Volume 697, Page 207; THENCE North 71 degrees, 38 minutes, 30 seconds East with said southerly line of City Tract I recorded in Volume 697, Page 207, 15.37 feet to a southeast corner of said City Tract I in the existing pavement of Hinkle Drive, a publicly- maintained roadway; THENCE North O degrees, 53 minutes, 45 seconds East with the east line of said City Tract |in said Hinkle Drive povernerd' 29.97 feet 10 the southwest corner of that certain tract of land conveyed to the City mf Denton os Tract l in deed recorded in Volume il63. Page 2l6.of said Real Property Records; THENCE South 89 degrees, 00 minutes, 30 seconds East, 18.82 feet to the southeast corner ofsaid City Tract l recorded in Volume 1163, Page 216' in the east line of said Royzor |nvsetrnontm tract and in the occupied center of said Hinkle Drive; THENCE with the said east line of Royzor Investments tract and said occupied center of Hinkle Ddve' South I degree, 17 minutes, 30 seconds West, 1282.43 feet, and South 0 degrees, 55 minutes, 25 seconds West, 146.72 feet to the southeast corner of said Royzor Investments tmct, from which point a "N&N" capped 1/2" iron rod bears North 88 degrees, 36 minutes, 20 seconds West, 32.77 feet; THENCE North B8 degrees, 36 minutes, 2O seconds West with the south line of said Rayzor|nvestnnemts tract remainder, ot3U feet passing the northeast corner of said Lot l. Block l' Gateway Addition and continuing with the north line of said Lot |' 1078.45 feet to the PLACE OF BEGINNING, and containing 30.7036 acres (1,337,448 square foet)'of which O.S298acre (23.O8O square feet) lies within the probable limits of Windsor Drive (boxed on Windsor Drive being on 00 foot wide right-of-way and the existing pavement being the eastbound (south) lanes of a divided roadway, and 0.9759 acre (42,510 square feet) lies within Hinkle Drive (based on one-half of o 60 foot wide hght-of-woy)' leaving o net area of 29.l978 acres (l'27l'86@ square feeU. THIS DESCRIPTION PREPARED TO ACCOMPANY A SURVEY MAP OF THE DESCRIBED PROPERTY FPM 000� I 420 .. . ... ............. . lll"',"'� ..... ....... .. . .. . .. . ..... . .. . . ............. ........ . ..... ... . ... I""' l"',',,l',,� I �11 . . .. . .. .. . .. ... . . .... ..... .... .. ... .... .... M,,,Rl628U ,,d Vicinity Map E�l JUN 14,2015 01:22P page 1 NOTICE OF PUBLIC HEARING Z15 -0005 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 17, 2015, and consider making a recommendation to City Council amending Ordinance No. 2007 -032 which provided for a zoning change to a Neighborhood Residential 3 (NR -3) zoning district classification and use designation along with an overlay district, in order to modify conditions related to design criteria in the overlay on a property generally located on the southwest corner of Hinkle Drive and Windsor Street in the City of Denton, Denton County, Texas consisting of approximately 31 acres. Please refer to the City's website (see link below) for staff's analysis. The staff an will be posted on Friday, June 12, 2015: lit 1p:ihvH•w.c:ilyo1&11MIX01W12, � .��inin�!!1/6��t���u�aa� °ilr�tt ��ra�pr��ilw��,�r���l�ra -r�wr c-z The public hearing will start at 6:30 p.m. in the City Council 215 E. McKinney Street, Denton, Texas. Because you own property wilhir ca hundred (200) feet the subject property, the Planning and Zoning Commission would like to hear -Ti w- rar -w. 2t this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in- person: Planning and Development Department Attn; Julie Wyatt, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: No o6iZ4'-',P1 �o o./Iletww'w &a'f2a_9-Q' -T/9-rc- 'At 'I L C CkA �'L11 Wr r1p r Si natu e: t1 Printed Name. "� f� to N • % f M Mailing Address: City, State Zip: Telephone Number: Physical Address of Property within 200 feet: "'V"c CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 NOTICE OF PUBLIC HEARING Z15 -0005 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 17, 2015, and consider making a recommendation to City Council amending Ordinance No. 2007 -032 which provided for a zoning change to a Neighborhood Residential 3 (NR -3) zoning district classification and use designation along with an overlay district, in order to modify conditions related to design criteria in the overlay on a property generally located on the southwest corner of Hinkle Drive and Windsor Street in the City of Denton, Denton County, Texas consisting of approximately 31 acres. Please refer to the City's website (see link below) for staff's analysis. The staff analysis will be posted on Friday, June 12, 2015: ...... .�:.G7.w ....... r The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in- person: Planning and Development Department Attn: Julie Wyatt, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition ,, , , e one: Neutral to reques -, Opposed to request Reasons for Signature: Printed Name: LRA R-L(-S t=. _vN (- IZ (Lk N-C —IZ Mailing Address: 230 � 5 oft N �•� � S 1 Y p: ._.M I � % 6 2° 1 City, Zip: D N �IT�._.___ Telephone Number: 3 3L4 0 — -7 21 Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 ,� 7)' /'&/ Plo co' June 17, 2015, Planning & Zoning Commission Minutes D. Hold a public hearing and consider making a recommendation to City Council amending Ordinance No. 2007 -032 which provided for a zoning change to a Neighborhood Residential 3 (NR -3) zoning district classification and use designation along with an overlay district, in order to modify conditions related to design criteria in the overlay on a property generally located on the southwest corner of Hinkle Drive and Windsor Street in the City of Denton, Denton County, Texas consisting of aproximately 31 acres. (Z15 -0005, Fireside Park, Julie Wyatt) Julie Wyatt, Assistant Planner, presented the request. She provided the location map, zoning map, future land use map, and the adjacent uses. Wyatt provided the overlay conditions for ordinance 2007 -032 and the proposed modifications to the overlay conditions. Staff sent out 28 Public Hearing notices to property owners within 200 feet of the subject site, and 96 courtesy notices to property owners within 500 feet of the subject site. At this time staff has received one (1) returned response in opposition and one (1) returned response neutral to the request. Wyatt stated staff recommends approval of this request based on the following modifications to the overlay conditions: 1. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a cast stone column cap every 24 feet will be installed along the perimeter of the site. The setback of the proposed homes will be 50 feet minimum from the existing curb. The developer, and later a homeowner's association, will take responsibility for maintenance and irrigation of all open spaces and site amenities. 2. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. 3. Three -car Garages shall not face the street. Commissioner Briggle questioned the crime rate for this area since the applicant is proposing the community to be gated. Wyatt stated she is not aware of that information, the applicant could provide better information. Commissioner Briggle questioned what would happen to the streets within the community if the Homeowner's Association doesn't feel like maintaining them anymore. Wyatt deferred to Mauladad. Munal Mauladad, Assistant Director of Planning and Development, stated usually when a HOA ceases to tend to the streets, the City will then take over those streets. She stated she believes in the past Denton has assumed those subdivisions. It is a long process to assume those responsibilities. Commissioner Briggle referred to the previous trees on the subject site. Wyatt provided the historical area photographs providing the trees on the land over the years. She stated trees were cut down twice over the years on the site. A citation was issued in December of 2011 for unauthorized tree removal. Approximately 30 trees were removed, with a $2,500 fine. Briggle stated that is a value of approximately $80 per tree. Commissioner Strange stated the experience he has had with private versus public streets, is that private streets are still required to be installed and inspected to City standards. Chair Reece and Commissioner Bentley discussed the orientation of the proposed garages. Chair Reece opened the public hearing. The following individuals spoke during the public hearing: Denese Rhine, 525 Headlee Street, Denton, Texas. Opposed to the request. Gail Garber, 1200 Meadow Ridge, Denton, Texas. Opposed to the request. Jeff Crandle, Civil Engineer, 2570 Justin Road, Highland Village, Texas. Crandle stated this is an age restricted community for active individuals. The reason for the gated community is the older residents like to travel and want the appropriate security while they are away. This will also prevent soliciting. The proposed 12 foot garage setback is an area that people could hide in. He stated they support staff's conditions. As the applicant they are only asking for the 12 foot garage setback and the 50 foot buffer zone to be placed within the community. Commissioner Briggle questioned if the gate is an absolute requirement. Crandle stated yes, it is an important asset to the homeowners. Briggle stated she is mostly in favor of this request, with the exception of the inaccessibility to the existing neighborhood. Bill Haney, Fireside Custom Homes, 861 Willowgate Drive, Proposer, Texas. Haney stated this age group prefers gated communities. This allows them a sense of safety. Commissioner Conner questioned the square foot of each house. Haney stated the lowest square foot is approximately 1,353 with two bedrooms and two bathrooms. The larger house would be approximately 1,675 square foot with three bedrooms and two bathrooms. Commissioner Conner questioned if they would have three car garages. Haney stated no, they are all setup for tandem parking. Jennifer DeCurtis, Deputy City Attorney, reminded the Commission that the fence is already allowed, the item for discussion is the placement of the fence. Chair Thom Reece closed the public hearing, there was no one else to speak. Commissioner Briggle requested an update to the Hinkle Drive improvements. Earl Escobar, Engineering Development Review Manager, stated Hinkle Road is currently under a major drainage and road project update from Windsor Road to Hwy 380. The project is proposed to start in late summer or early fall, and will be approximately a six month construction process. Gail Garber questioned if there will be a turning lane for those individuals waiting for the gate to open. Earl Escobar stated there is a minimum setback requirement from the gate to the right -of -way. Commissioner Taylor stated he doesn't feel that the gated community should be a factor in this decision. The overlay changes are very minor. Commissioner Taylor motioned for approval with an additional requirement that the vehicle stacking method shall maintain the bicycle lane on Hinkle Drive. Commissioner Conner stated this should apply to all points of ingress and egress. Commissioner Taylor agreed. Commissioner Conner seconded the motion. Commissioner Brian Bentley stated he feels there might be legal requirements with staff's Condition 1. He stated he doesn't feel that this Commission can require a community to have an HOA. Julie Wyatt, Assistant Planner, stated according to Subchapter 16 of the Denton Development Code, a development with open space lots they are required to have an HOA. Commissioner Bentley acknowledged. He stated he is not comfortable with this request. He stated he would like to do a Superior Motion to continue this item to the next meeting. Commissioner Brian Bentley made a Superior Motion to continue this item to the July 8, 2015 meeting. The motion failed due to the lack of second. Commissioner Briggle stated she would vote in favor of this request; however, she has concerns with the project. Chair Reece questioned Taylor if he would accept staff's conditions. Commissioner Taylor and Conner accepted staff's conditions. Commissioner Devin Taylor motioned, Commissioner Frank Conner seconded to approve this request based on the following conditions: 1. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a cast stone column cap every 24 feet will be installed along the perimeter of the site. The setback of the proposed homes will be 50 feet minimum from the existing curb. The developer, and later a homeowner's association, will take responsibility for maintenance and irrigation of all open spaces and site amenities. 2. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. 3. Three -car Garages shall not face the street. 4. The vehicle stacking method shall maintain the bicycle lane on Hinkle Drive at all points of ingress and egress. Motion carried (6 -1). Commissioner Devin Taylor "aye ", Commissioner Frank Dudowicz "aye ", Commissioner Amber Briggle "aye ", Commissioner Jim Strange "aye ", Commissioner Frank Conner "aye ", and Chair Thom Reece "aye. Commissioner Brian Bentley "nay ". s:Uega1\our d0cuments \ordinances\1 5\/15- 0005.docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2007 -032 WHICH PROVIDED FOR A ZONING CHANGE TO A NEIGHBORHOOD RESIDENTIAL 3 (NR -3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ALONG WITH AN OVERLAY DISTRICT, IN ORDER TO MODIFY CONDITIONS RELATED TO DESIGN CRITERIA IN THE OVERLAY ON APPROXIMATELY 31 ACRES OF LAND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF HINKLE DRIVE AND WINDSOR STREET 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. (Z15 -0005) WHEREAS, Bill Haney, has applied for a zoning change on approximately 31 acres of land legally described in Exhibit "A ", attached hereto and incorporated herein by reference (hereinafter, the "Property "), amending Ordinance No. 2007 -032 which provided for a zoning change to a Neighborhood Residential 3 (NR -3) zoning district classification and use designation along with an overlay district, in order to modify conditions related to design criteria in the overlay; and WHEREAS, on June 17, 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 (6 -1) of the change in zoning district and use classification; and WHEREAS, on July 21, 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. Ordinance No. 2007 -032 which provided for a zoning change to a Neighborhood Residential 3 (NR -3) zoning district classification and use designation along with an overlay district has been amended, subject to the following overlay conditions: 1. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a cast stone column cap every 24 feet will be installed along the perimeter of the site. The setback of the proposed homes will be 50 feet minimum from the existing curb. The developer, and later a homeowner's association, will take responsibility for maintenance and irrigation of all open spaces and site amenities. 2. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. 3. Three -car Garages shall not face the public or private right -of -way where the entrance /address is located. 4. Any ingress or egress to the subject property shall not remove or affect the on- street bike lane on Hinkle Drive. 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 count, 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 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 1 EXHIBIT A DESCRIPTION OF PROPERTY SURVEYED SITUATED in the city Denton, Denton County Texas, being a tract of land in the N. H. MEISENHEIMER SURVEY, Abstract No. 810 and the ROBERT BEAUMONT SURVEY, Abstract No. 31 and being a portion of that certain tract conveyed to Rayzor Investments Ltd., as Tract One in Section 5, in deed recorded in Volume 1796, Page 601 of the Real Property Records of Denton County, and said tract being more fully described as follows: BEGINNING at the northwest corner of Lot 1, Block 1, Gateway Addition, as shown on plat thereof recorded in Cabinet K, Slide 238, of the Plat Records of Denton County for the southwest corner of a remainder of said Rayzor Investments Tract One in the east line of that certain Tract III conveyed to the City of Denton by deed recorded in Volume 695, Page 669, of said Real Property Records, said point being on a curve whose center bears North 82 degrees, 44 minutes, 43 seconds West, 2293.00 feet, and from said point a' /2" iron rod found in place bears North 88 degrees, 36 minutes, 20 seconds West, 0.30 foot; THENCE northerly with said curve and said east line of City of Denton Tract III for the west line of said Rayzor tract remainder, passing the northeast corner of said City Tract III and the southeast corner of the certain Tract I conveyed to the City of Denton by said deed recorded in Volume 695, Page 669, and continuing with the east line of said Tract I and said curve, in all a distance of 948.72 feet to a "RPLS 1640" capped 5/8" iron rod set for the northwest corner of said Rayzor tract remainder, in the southeasterly line of that certain tract conveyed to the City of Denton as Tract 1 by deed recorded in Volume 697, Page 207 of said Real Property Records; THENCE North 46 degrees, 19 minutes, 50 seconds East, with the northerly line of said Rayzor tract remainder and said southeasterly line of City Tract I in Volume 697, Page 207, at 16.45 feet passing an "RPLS 1640" capped 5/8" iron rod set for reference, crossing the existing pavement of Windsor Drive, a publicly maintained roadway, continuing in all 104.66 feet; THENCE North 71 degrees, 38 minutes, 30 seconds East with the common line of said Rayzor tract remainder and said City Tract I in Volume 697, Page 207, again crossing said Windsor Drive pavement, in all 737.20 feet to the west corner of that certain tract conveyed to Rayzor Investments by Correction instrument recorded in Volume 3441, Page 883, of said Real Property Records; THENCE with the northerly and east lines of said Rayzor Investments tract for southerly and west lines of a remainder of said City Tract I recorded in Volume 697, Page 207, the following courses and distances: North 60 degrees, 38 minutes, 10 seconds East, 177367 feet to the beginning of a curve whose center bears South 29 degrees, 21 minutes, 50 seconds East, 484.52 feet; Easterly with said curve 231.94 feet to an "RPLS 164" capped 5/8/" iron rod set for the end of said curve at the northeast corner of said Rayzor tract described in Volume 3441, Page 883; and, South 0 degrees, 53 minutes, 45 seconds West, 24.43 feet to the southeast corner of said Rayzor tract described in Volume 3441, Page 883, in the southerly line of said City Tract I in Volume 697, Page 207; THENCE North 71 degrees, 38 minutes, 20 seconds East with said southerly line of City Tract I recorded in Volume 697, Page 207, 15.37 feet to a southeast corner of said City Tract I in the existing pavement of Hinkle Drive, a publicly - maintained roadway. THENCE North 0 degrees, 53 minutes, 45 seconds East with the east line of said City Tract I in said Hinkle Drive pavement, 29.97 feet to the southwest corner of that certain tract of land conveyed to the City of Denton as Tract I in deed recorded in Volume 1163, Page 216, of said Real Property Records; THENCE South 89 degrees, 00 minutes, 30 seconds East, 18.82 feet to the southeast corner of said City Tract I recorded in Volume 1163, Page 216, in the east line of said Rayzor Investments tract and in the occupied center of said Hinkle Drive; THENCE with the said east line of Rayzor Investments tract and said occupied center of Hinkle Drive, South I degree, 17 minutes, 30 seconds West, 1282.43 feet, and South 0 degrees, 55 minutes, 25 seconds West, 1464.72 fee to the southeast corner of said Rayzor Investments tract, fi•om which point a "H &N" capped '/2" iron rod bears North 88 degrees, 36 minutes, 20 seconds West, 32.77 feet; THENCE North 88 degrees, 36 minutes, 20 seconds West with the south line of said Rayzor Investments tract remainder, at 30 feet passing the northeast corner of said Lot 1, Block 1, Gateway Addition and continuing with the north line of said Lot 1, 1078.45 feet to the PLACE OF BEGINNING, and containing 30.7036 acres (1,337.448 square feet), of which 0.5298 acre (23.080 square feet) lies within the probable limits of Windsor Drive (base on Windsor Drive being an 80 -feet wide right -of -way and the existing pavement being the eastbound (south) lanes of divided roadway, and 0.9759 acre (42.510 square feet) lies within Hinkle Drive (based on one -half of 60 -foot wide right -of -way), leaving a net area of 29.1978 acres (1,271.858 square feet). THIS DESCRIPTION PREPARED TO ACCOMPANY A SURVEY MAP FO THE DESCRIBED PROPERTY. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: Z15 -0010, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM /ACM: Jon Fortune Date: July 21, 2015 SUBJECT Hold a public hearing and consider a rezoning request from Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district to a Neighborhood Residential 6 (NR -6) zoning district on approximately 20.13 acres of land generally located northwest of the intersection of Pockrus Page Road and Post Oak Boulevard. The Planning and Zoning Commission recommends approval (7- 0). BACKGROUND In 2003, Holigan Homes submitted plans to the City for an approximately 186 -acre, mixed use community between Edwards Road and Pockrus Page Road known as the Villages of Carmel. The original concept for this development included a combination of single- family homes, townhomes, and parks anchored by a mixed -use town center at the southeast corner. To facilitate the town center's mix of retail, office, and residential lofts, the approximately 20.13 -acre subject property was rezoned in 2003 from Neighborhood Residential 2 (NR -2) and Neighborhood Residential 4 (NR -4) to NRMU and NRMU -12. Although the mixed -use town center was not developed, the NRMU and NRMU -12 zoning districts reserve the area for future commercial development consistent with the original concept plan. The original developer who submitted the concept plan is no longer associated with the project. The current owner of the property is now requesting to rezone the remainder of the Villages of Carmel, referred to as Phase 413, from NRMU and NRMU -12 to NR -6 to facilitate additional single - family development. If approved, NR -6 would permit a maximum density of 120 units on the subject property. Further detail and analysis of the request is provided in the attached Planning and Zoning Commission Report. To comply with the public hearing notice requirements, 27 notices were sent to property owners within 200 feet of the subject property, 90 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. Staff received no responses to the public notification. The applicant hosted a neighborhood meeting on June 2, 2015. Two people attended the meeting and were in favor of the request. OPTIONS Approved as submitted. City of Denton Page 1 of 3 Printed on 7/16/2015 File #: Z15 -0010, 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). The Development Review Committee recommends denial of this request. ESTIMATED SCHEDULE OF PROJECT Not Applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On June 17, 2015, the Planning and Zoning Commission recommended approval of the rezoning request (7 -0). FISCAL INFORMATION Not Applicable. BID INFORMATION Not Applicable. EXHIBITS I. Planning and Zoning Commission Report 2. Site Location/Aerial Map 3. Zoning Map 4. Future Land Use Map 5. NR -6 Permitted Uses 6. Surrounding Land Uses within One Square Mile 7. Applicant Narrative 8. Public Notification Map and Responses 9. Jun 17, 2015 Planning and Zoning Commission Minutes 10. Draft Ordinance Respectfully submitted: Aimee Bissett Interim Director, Planning and Development Prepared by: City of Denton Page 2 of 3 Printed on 7/16/2015 File #: Z15 -0010, Version: 1 Michael J. Bell Associate Planner City of Denton Page 3 of 3 Printed on 7/16/2015 h rvvm d by I cx:ls i''I Planning Report Z15- 0010 /Villages of Carmel 413 City Council District 2 Planning & Zoning Commission June 17, 2015 REQUEST: Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU -12) zoning districts to a Neighborhood Residential 6 (NR -6) zoning district on approximately 20.13 acres of land generally located northwest of the intersection of Pockrus Page Road and Post Oak Boulevard. OWNER/APPLICANT: Astra Carmel, LLC. /ZPS Consulting Engineers BACKGROUND: In 2003, Holigan Homes submitted plans to the City for an approximately 186 -acre, mixed use community between Edwards Road and Pockrus Page Road known as the Villages of Carmel. The original concept for this development included a combination of single- family homes, townhomes, and parks anchored by a mixed -use town center at the southeast corner. To facilitate the town center's mix of retail, office, and residential lofts, the approximately 20.13 - acre subject property was rezoned in 2003 from Neighborhood Residential 2 (NR -2) and Neighborhood Residential 4 (NR -4) to NRMU and NRMU -12. Although the mixed -use town center was not developed, the NRMU and NRMU -12 zoning districts reserve the area for future commercial development consistent with the original concept plan. The original developer who submitted the concept plan is no longer associated with the project. The current owner of the property is now requesting to rezone the remainder of the Villages of Carmel, referred to as Phase 413, from NRMU and NRMU -12 to NR -6 to facilitate additional single- family development. If approved, NR -6 would permit a maximum density of 120 units on the subject property. SITE DATA: The 20.13 acre subject property is bound by the Villages of Carmel Phase 4A to the west, the Villages of Carmel Phase 5 to the north, Pockrus Page Road to the south, and Post Oak Boulevard to the east. Post Oak Boulevard is a future six -lane, primary arterial road eventually connecting I -35E with U.S. 380. The site is currently undeveloped with a small strip of Stream Buffer Environmentally Sensitive Area (ESA) located on the southeast corner of the property. No development will be permitted within the ESA. USE OF PROPERTY UNDER CURRENT ZONING: Under NRMU and NRMU -12 zoning, the subject property may develop with light commercial including office, retail, and institutional uses. The subject property may also develop with residential uses including townhomes, dwellings above businesses, or multi - family. Multi - family is permitted only with a Specific Use Permit (SUP) or if part of a mixed -use development. The purpose of the NRMU and NRMU -12 zoning districts are to promote Neighborhood Mixed Use Activity Centers, as described in Denton Plan 2030. These activity centers would primarily allow a mix of retail, office, and moderate density residential to serve their surrounding single - family neighborhoods. NRMU and NRMU -12 may also serve as transitions between neighborhoods and non - residential zoning districts. SURROUNDING ZONING AND LAND USES: North: Villages of Carmel Phase 5 to the north is zoned NR -6 and is undeveloped. A Preliminary Plat was approved for 171 single- family lots. East: Properties to the east are zoned NRMU and RD -5X. These areas include undeveloped property and large lot, single- family residential. South: Villages of Carmel Phase 3 the south is zoned PD -132 and is developed with single- family. West: Property to the west is zoned NR -6 and is proposed to be developed with single - family. COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES: NR -6 permits single- family residential with a maximum density of six units per acre or minimum lot size of 6,000 square feet. This would be consistent with the NR -6 zoning of the Villages of Carmel Phase 4A to the west and Phase 5 to the north. Phase 3 of the Villages of Carmel, within PD -132 to the south, has also developed with an approximate density of six units per acre. Should the property be rezoned to NR -6 it would reduce the amount of undeveloped commercial land in the area. By reducing commercial land, this will limit the development of commercial neighborhood services to serve the surrounding residences. Currently there are approximately 2,500 surrounding households within the Villages of Carmel, Glenwood Villages, and the Preserve at Pecan Creek. With that amount of population and growing, in addition to being located at the corner of a future Primary Arterial and Residential Avenue Collector, the area is an ideal location to provide commercial neighborhood services. COMPREHENSIVE PLAN: Per Denton Plan 2030, the Future Land Use Designation of the subject property is Neighborhood Mixed Use: The Neighborhood Mixed Use designation applies in areas of future development suited priinarily to single family development, but where neighborhood- serving retail and services are critical to achieving balanced, accessible neighborhoods. At these locations, a diverse mix of housing types and densities may also be accommodated. Ensuring that buildings are of the appropriate scale and intensity to complement the surrounding neighborhood and enviromnent is critical. Future development in Neighborhood Mixed Use areas will complement and embrace existing, viable uses, and raise the standard of design to increase connectivity and mobility options, and create a sense of place to serve the neighborhood. Planning Report Z15 -0010 Page 2 of 6 Per Denton Plan 2030, development criteria of the Neighborhood Mixed Use designation include: a. The focus area of a neighborhood center contains facilities vital to the day -to -day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, daycare, and small offices. b. Development should be located close to existing or proposed residential development at a scale that can promote walking and bicycling. c. Vertical and horizontal mixed -use is encouraged. d. Moderate to high density residential use is allowed. e. Commercial uses should be programmed appropriately to serve a neighborhood - serving market and to be compatible with adjacent land uses. f Development should be sited accessible to transit routes. g. Places of worship, schools, and parks and open space are allowed by right. h. The character of this area should be maintained by ensuring that new development is sensitive to the surrounding built and natural context in scale and form as described above. i. Proposals should be presented and reviewed according to the degree to which they achieve the goals of the Neighborhood Mixed Use future land use designation and may be the subject of Small Area Plans, where necessary. CONSIDERATIONS: 1. The current zoning of NRMU and NRMU -12 is consistent with the Neighborhood Mixed Use future land use designation of the subject property. Neighborhood Mixed Use areas are intended to provide convenience shopping for goods and services to an individual neighborhood. Typically, the land area is approximately ten acres, with buildings less than 4,000 square feet, and business that provides convenience grocery, retail, and services. The typical customer is a frequent shopper with low shopping expenditures. 2. Within the Villages of Carmel, Glenwood Village, and the Preserve at Pecan Creek (totaling approximately 0.75 square miles) there are approximately 2,500 single- family homes either constructed or in development. Based on the City of Denton's average household size of 2.44 persons per household, this equates to approximately 6,100 residents within these three subdivisions alone. This does not include residents of the Preserve at Pecan Creek Apartments, Timber Creek Apartments, Sherwood Mobile Home Park, and rural residential properties also in the immediate area. This demonstrates the need to retain proper zoning to foster neighborhood- scale, non - residential services. 3. The subject property is part of the only Neighborhood Mixed Use area in this part of the city. Not all of the approximately 20 -acre subject property needs to remain NRMU or NRMU -12 to serve surrounding residents; however preserving 10 to 15 acres is encouraged. 4. The nearest commercial uses are located at the corner of Mayhill Road and S I -35 E, approximately one mile west of the subject property. This shopping center includes a QuikTrip convenience store, Dickey's restaurant, and CareNow medical center. The nearest grocery stores are the Target and WalMart located at South Loop 288 and Brinker Road, approximately two miles from the subject property. Due to limited connectivity in Planning Report Z15 -0010 Page 3 of 6 the area, there are no other alternatives for commercial neighborhood services other than these two locations. Should the property be rezoned to NR -6, the approximately 6,100+ residents would continue to travel to I -35E or Loop 288 for all their commercial neighborhood services needs. This could further compound traffic issues on these roads. Maintaining the NRMU and NRMU -12 zoning would allow for commercial development in the area ultimately reducing the trips to Loop 288 or S I -35E for small, neighborhood goods and services. 5. There are approximately 250 acres of undeveloped land to the north of the subject property planned for Low to Moderate residential development. These future households will add to the demand for Neighborhood Mixed Use neighborhood good and services in the area. 6. Per the City of Denton Mobility Plan, Post Oak Boulevard is planned to become a six - lane, divided arterial that will extend from I -35E to West University Drive (U.S. 380), similar to Mayhill Road and Loop 288 to the west. When built, this road will provide greater access to the subject property and relieve traffic on other collector streets. Currently there is no estimated timelines for the construction of this road. Per the City of Denton Mobility Plan, Pockrus Page will be a four -lane Residential Avenue Collector. Neighborhood Mixed Use areas within the city are commonly located at the intersections of Arterials and Collector streets due easy access from surrounding neighborhoods. 7. Should the property be rezoned to NR -6, a new location for Neighborhood Mixed Use within this area would likely need to be added to the Future Land Use Map. 8. Per Section 35.3.4.B of the DDC, zoning changes may be approved if the proposed rezoning conforms to the Future Land Use Element of Denton Plan 2030. Per Denton Plan 2030, the subject property is currently within a Neighborhood Mixed Use future land use designation. The proposed NR -6 zoning does not conform to the Future Land Use Element of Denton Plan 2030. Zoning changes may also be approved if the proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, and other public requirements and public convenience. There is adequate capacity within the City's public infrastructure and services to serve either commercial or single- family development of the site. STAFF RECOMMENDATION: Staff recommends denial of the request as it is not consistent with the goals and objectives of the Denton Plan 2030. Planning Report Z15 -0010 Page 4 of 6 OPTIONS: 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Table the item. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 27 notices were sent to property owners within 200 feet of the subject property, 90 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. The applicant hosted a neighborhood meeting on June 2, 2015. PROJECT TIMELINE: ATTACHMENTS: • Aerial Map • Zoning Map • Future Land Use Map • NR -6 Permitted Uses • Surrounding Residential Within One Square Mile • Applicant Narrative • Public Notification Map Planning Report Z15 -0010 Page 5 of 6 Business Days Business Subject Date under Days out DRC Review to Applicant Application Received April 8, 2015 - - 1 st Submittal sent to DRC Members April 9, 2015 - - Comments Released to Applicant April 24, 2015 11 - DRC Meeting with Staff Applicant Declined - - Total Business Days 11 0 ATTACHMENTS: • Aerial Map • Zoning Map • Future Land Use Map • NR -6 Permitted Uses • Surrounding Residential Within One Square Mile • Applicant Narrative • Public Notification Map Planning Report Z15 -0010 Page 5 of 6 Prepared By: Michael J. Bell Associate Planner Date: June 11, 2015 Reviewed By: Ron Menguita, AICP Development Review Committee Administrator Date: June 11, 2015 Reviewed By: Munal Mauladad Assistant Director, Planning and Development Date: June 11, 2015 Planning Report Z15 -0010 Page 6 of 6 sAlegakour documents \ordinances \15\z15 -0010 ordinance.doex ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A CHANGE IN THE ZONING CLASSIFICATION FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) AND NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU -12) ZONING DISTRICTS AND USE CLASSIFICATIONS TO A NEIGHBORHOOD RESIDENTIAL 6 (NR -6) ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 20.13 ACRES OF LAND GENERALLY LOCATED NORTHWEST OF THE INTERSECTION OF POCKRUS PAGE ROAD AND POST OAK BOULEVARD 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. (Z15 -0010) WHEREAS, Rod Zielke, P.E., has applied for a zoning change on approximately 20.13 acres of land legally described in Exhibit "A ", attached hereto and incorporated herein by reference (hereinafter, the "Property ") from NRMU and NRMU -12 zoning districts and use classifications to a NR -6 zoning district and use classification; and WHEREAS, on June 17, 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 July 21, 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; and 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 NRMU and NRMU -12 to NR -6. 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 I: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY J, Exhibit A Legal Description STATE OF TEXAS COUNTY OF DENTON Being 5.270 acres of land located in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, being a portion of the tract of land described in the deed to Astra Carmel, LLC. recorded in County Clerks Document No. 2014- 64319, Deed Records, Denton County, Texas. Said 5.270 acres of land being more particularly described as follows: BEGINNING at the most Northerly Northwest corner of said Astral Carmel tract; THENCE S87 057'21 °E a distance of 496.83 feet along the North line of said Astral Carmel tract to a point; THENCE S10 °45'16 "E, a distance of 355.05 feet to a point; THENCE SO4 048'50 "E, a distance of 69.22 feet to a point; THENCE N88 020'23 "W, a distance of 89.56 feet to a point; THENCE Westerly, 101.24 feet, along a curve to the left, having a radius of 130.00 feet, a central angle of 44 °37'13" and a chord bearing S69 "21'01 "W 98.70 feet to a point; THENCE N42 057'29 "W, a distance of 115.00 feet to a point; THENCE S47002'31 "W. a distance of 300.15 feet to a point: THENCE NO2 006'55 °E, a distance of 261.22 feet to a point; THENCE N87 °53'05 "W, a distance of 108.10 feet to a point at an ell corner of said Astral Carmel Tract being the Southeast corner of a tract of land described in the deed to VOC1 B. LLC recorded in County Clerks Document No. 2013 -6738. Deed Records, Denton County, Texas; THENCE N01 "43'23 "E, a distance of 323.21 feet along the common line of said Astral Carmel tract and VOC1 B, LLC tract to the point of beginning, containing 5.270 acres of land. The bearings recited hereon are oriented to NAD 83 North Central Texas Zone. Being 14.881 acres of land located in the Gideon Walker Survey, Abstract No. 1330. Denton County, Texas, being a portion of the tract of land described in the deed to Astra Carmel, LLC, recorded in County Clerks [}ocumentNo. 2014-84318. Deed Records, Denton County, Texas. Said 14.8G1 acres of land being more particularly described asfollows: BEGINNING at a point in the North line of said Aaha Carmel tract, lying N87°57'21'W' a distance of 79.13 feet from an 1/2" iron rod found at the Northeast corner ofsaid Astral {}arpog| tract THENCE S33"3D'13^VV.a distance of4.22 feet toapoint; THENCE southerly, 414.02 feet, along a curve tothe |gft, having a radius of817.5Ofeet, o central angle of2S"01'O3'' and a chord bearing 818"58'42V4Uy.81feet toopoint� THENCE G04°29'10'W. a distance of 892.94 feet to a point THENCE 848"18`34''VV` o distance of 28.86 feet to e point THENCE N87°52'02''VV. a distance of 403.68 feet to o point: THENCE N87°32'33'W.a distance of175.8S feet hoapoint THENCE N42°4249''VV. a distance of 14.18 feet tpa point: THENCE NO2°06'55^E. a distance of 16O28 feet to a point; THENCE 88753'05^E. a distance of 3.13 feet to e point THENCE NO2°06^65^E. a distance of 544.71 feet to a point THENCE N47°02'31"E. m distance of3DD.15feet to a point; THENCE S42"57'28''E, adistaAce of 115.00 feet to o point; THENCE easterly, 101.24 feet along a non tangent curve to the right, having a radius of13O.00 feet, a central angle of44°37'13''and a chord bearing N8S"21'O1''E.983Ofeet to apo|nt THENCE S88,20'25''E. adiatance of89.58 feet tq a point THENCE NO4"48'5O'W.m distance of88.22 feet tompoint; THENCE 1\110�45'18"VV. adietanoo of 355.05 feet t0 e point in said North line ofAstra Carmel tract; THENCE S87"5721"E.a distance of378.81feet along said North line tothe point Vfbeginning, containing 14.881 acres of land. The bearings recited hereon are oriented to NAD 83 North Central Texas Zone. Site w E Parcels .. ..... DENTON ...... llninn�nq DelpailmoM - GIS Streets S DENTON Site W- E Parcels .. ..... DENTON ...... llninn�nq DelpailmoM - GIS Streets S DENTON Deri-tonflan . wnim 1111111 IIIIIIIIIII IIIIIIIIIII � IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIII IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII 0 VIII r m� �uwu� mw I IIUf ZI Q,lldl �f iiYi VEa ll /;� I�� %nr; Legend IIIIIIIIIIIIIIII VOC- POCC -GL Future Land Use Designations Residential ............_. Major Roads [[[[[[[___ "' Rural Areas Future Roadway Low Residential Proposed Lakeview - Post Oak Moderate Residential �L,w,m,m, ,11 Municipal Boundary Mixed Use Surrounding Municipalities Downtown Denton 11 MPC Boundary 1 #'7'riJr';d { {Ngr}jk Downtown Compatibility Area Regional Mixed -Use Community Mixed -Use (III(IIIIIIIIIIIIIIIIIIIIIII Neighborhood Mixed -Use Neighborhood / University Compatibility Area Business Innovation r ,w ,o G /(y r f Ua n4 n /Vm /,nilrr r .j3, 10141 0k,how, w, N 110 lb 0,1( Non - Residential Commercial (IIIIIIIIIIIIIIIIIIIII Industrial Commerce u Government /Institutional Parks /Open Space 0 250 500 1,000 F eet Neighborhood Residential 6 Permitted Uses RESIDENTIAL: P Agriculture, Single- family Dwellings, Attached Single- family Dwellings, Duplexes, Community Homes for the Disabled L(1), SUP Accessory Dwelling Units L(7) Livestock L(16) Live/Work Units SUP Manufactured Housing Developments COMMERCIAL: P Home Occupation, Outdoor Recreation L(38) Temporary Uses INDUSTRIAL: L(27), SUP Gas Wells INSTITUTIONAL: P Parks and Open Space, Churches L(25) Basic Utilities SUP Semi - Public Halls, Clubs, and Lodges, Adult or Child Day Care, Kindergarten, Elementary Schools, Elderly Housing, WECS P = Permitted, L( #) = Permitted with a Limitation, SUP = Specific Use Permit LIMITATIONS: L(1) — Subject to the following criteria: 1. The proposal must conform with the overall maximum lot coverage and setbacks requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed one per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off - street parking provisions of the DDC. 5. The maximum GHFA of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than 10 acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than 10 acres. L(7) — Limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of one per each acre over three acres. L(16) — Uses are limited to no more than 1,500 square feet of gross floor area per lot. L(25) — If proposed use is within 200 feet of a residential zone, approval is subject to an SUP. L(27) — Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production L(38) — Must meet the requirements of Section 35.12.9. Z14 -0010 ('� ('�('� ffffffffffffffffffffffffff } IL Z.tv The Cly of Denton has p.paretl maps for Q 375 750 1,500 VOC-POCC-GL 1 SgMile N 1 dot, d,en t aluse.Theseare hot oMCalmapsofthe Feet "1 '�— I J1P City of Denton and should not be nsetl for legal mm ngineerng or snrveyng poryoses but rather for Glenwood Village Post Oak Blvd W E , tV i�� r efence pn`p °ses These m °ps are `he p` °pe ryr �i (�,t: } 77 the C ty of Denton antl have been made bl to , S J" Sr��++ "' {4th" the publ c basetl on the Publ c Informal A t The 4a C ty of Den[on makes every effort top tl nd j Preserve at Pecan Creek (��p �G p bfsh me most current antl accurate f e«, uuuuuu�uiiiui����lllllllllllllllll ��� 1G W sibl N to p tl pl tl Villages of Carmel 7 a tl r m tl t h DENTON ETJ S , d. t l Dlf l of p a t s "' tle stand n g and accepronee efmssrntement Plannun g GJeG''raifti"sroz.nt- GIG Date: 6/11/2015 Project Narrative Villages of Carmel, Phase 413 Proposed NR -6 Single Family Zoning This is a request to re -zone Lot 1, Block E as shown on PP14 -0026 from NRMU to NR -6. This 19.9 + /- acre property was part of the overall Master Plan of the Villages of Carmel and is adjacent to and north of Pocrus Page Road and approximately 400 feet west of Swisher Road and is currently zoned NRMU, and NRMU -12 (see prior comments from case PAC13 -0090) and Preliminary Plat (PP14- 0026). Owner is considering developing as single family detached similar to NR -6. It is felt that any future NRMU or NRMU -12 development would better serve the area in a different location. A recent Pre - Application review was conducted by the DRC (PAC13 -0090) and Preliminary Plat (PP14- 0026) which discussed and addressed Existing and Proposed Site Conditions and Proposed Infrastructure and Utilities. Post Oak Blvd. currently ends on the south side of Pockrus Page Rd., south from the subject property. The Mobility Plan indicates Post Oak Blvd. would be extended through a portion of this property. The owner is in the process of dedicating the entire Post Oak and Pockrus Page ROW's through his property . The current intent is to develop the property in association with the adjacent Villages of Carmel and share access and amenities etc. An innovative Tree Preservation Park is being planned adjacent to this property which this project could share and contribute to. The subject properties future land use category is neighborhood mixed use. The proposed NR -6 zoning district is consistent with both existing and future land use designations. Z&5-##&# Public Notification Map ---- '--- --'�m^'-----_ Site Parcels DENTON June 17, 2015, Planning & Zoning Commission Minutes A. Hold a public hearing and consider making a recommendation to City Council regarding _ a rezoning from Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU -12) to Neighborhood Residential 6 (NR -6) on approximately 20.13 acres of land _ generally located northwest of the intersection of Pockrus Page Road and Post Oak Boulevard. (Z15 -0010, Villages of Carmel 4A, Mike Bell) Mike Bell, Associate Planner, presented the request. He provided the location map, vicinity map, zoning map, and future land use map. He provided - analysis of the surrounding area demonstrating the need for neighborhood services. Staff sent out 27 Public Hearing notices to property owners within 200 feet of the subject site, and 90 courtesy notices to property owners within 500 feet. There were no returned responses. Bell provided the criteria for approval. The Development Review Committee recommends denial of this request. Commissioner Strange requested information on the Homeowners Association (HOA) meeting. Bell stated the applicant can provide more information. Briggle stated during the Work Session it was discussed whether this Commission were to vote against staff's recommendation to deny the request. She questioned if the applicant would do a partial rezoning. Bell stated it was discussed that 20 acres is larger than what is needed for that area. He suggested tabling the item to come to a better agreement if that was the direction of the Commission. Bentley questioned the process if the application is denied. Bell stated the application could not come back before this Commission within a year without a substantial change to the request. Chair Thom Reece opened the public hearing. Applicant, Rod Zielke, ZPS Engineering, 1111 Main Street, Grapevine, Texas. Zielke stated prior to this request he came before the Planning Department with a request to rezone the entire property and the property adjacent to the subject site. He stated he was told at that time that the update to the Comprehensive Plan was in process and the application would need to be submitted into two submissions. This is another phase to the Villages of Carmel project. This is a successful project. Applicant, Justin Bono, 9219 Arbor Trail Drive, Dallas, Texas. Bono stated more commercial to the area will bring more traffic to the area. The previous developer of the community didn't have a positive relationship with the City or the homeowners. There were approximately 151 residents who attended the HOA meeting; the residents preferred residential over commercial use. He stated there were residents present to speak for this request; however, since the meeting was delayed they had to leave. Chair Thom Reece questioned which residents were no longer present to speak. Bono stated Mary Finley and Margaret Lindsey. Chair Thom Reece read their cards into the record. Mary Finley, 3701 Oceanview Drive, Denton, Texas. Supports the request for residential. Margaret Lindsey, 3804 Cliffside Drive, Denton, Texas. Supports the request for residential. There was no one else to speak, Chair Thom Reece closed the public hearing. Commissioner Taylor stated Post Oak Drive still needs to be developed. There are a lot of undeveloped areas and there will be more traffic to the area. He stated he would like to recommend approval. Mike Bell, Planner, addressed a comment by the applicant. He stated when staff discussed looking at different sites; staff was looking at the highest and best use for the future. Commissioner Frank Dudowicz seconded Commissioner Taylor's motion. Commissioner Briggle stated that the neighborhood spoke in favor of the request to rezone the property to residential. She stated she feels that mixed -use needs to be in the neighborhood, just not this close to the school. There was no further discussion. Commissioner Devin Taylor motioned, Commissioner Frank Dudowicz seconded to approve this request. Motion approved (7 -0). Commissioner Devin Taylor "aye ", Commissioner Frank Dudowicz "aye ", Commissioner Amber Briggle "aye ", Commissioner Jim Strange "aye ", Commissioner Brian Bentley "aye ", Commissioner Frank Conner "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 #: DCA15 -0002, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: Jon Fortune Date: July 21, 2015 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending "Permitted Uses" in Subchapter 35.5 of the Denton Development Code to add "Craft Alcohol Production" to the use tables with a Limitation and to amend Subchapter 23.2 "Definitions and Terms" to define the use of "Craft Alcohol Production" and allow for the definition of "Restaurant, Brewpub "; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (5 -0). BACKGROUND Under the current regulations of the DDC, all breweries are classified as Light Manufacturing. This is due in large part to the production, storage and wholesale distribution activities associated with the breweries that are more appropriately located within employment and industrial zoning districts. However, as part of the recent boom in craft beers, many smaller breweries, or "microbreweries," have begun seeking out older, industrial buildings in more traditionally urban settings where they can also have associated restaurant, bar, or retail areas for onsite consumption of their products. In response to this boom and requests from microbrewery business owners about locations within downtown Denton, the Planning Division is proposing to add "Craft Alcohol Production" to DDC to accommodate these requests and promote economic development downtown and throughout the City. By doing so, small -scale breweries, wineries, and distilleries may locate downtown and in mixed use zoning districts without permitting all other light manufacturing uses that may be inappropriate in those areas. To promote the walkability of Downtown and mixed -use centers, staff is also recommending that in certain districts, these uses provide an onsite consumption component, such as a taproom or retail sales, for the general public. The attached Staff Report details staff s analysis of "Craft Alcohol Production." It provides a proposed definition of "Craft Alcohol Production" and the zoning districts of Subchapter 5 in which staff recommends it should be permitted, not permitted, required with an SUP, or permitted with a limitation. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. City of Denton Page 1 of 2 Printed on 7/16/2015 File #: DCA15 -0002, Version: 1 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (5 -0). Staff recommends approval of this request. ESTIMATED SCHEDULE OF PROJECT Not Applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On July 8, 2015, the Planning and Zoning Commission recommended approval of this request (5 -0). FISCAL INFORMATION Not Applicable. BID INFORMATION Not Applicable. EXHIBITS 1. Staff Report 2. Proposed Amendments to Subchapter 5- Zoning Districts and Limitations 3. Proposed Amendments to Subchapter 23- Definitions 4. Draft Ordinance Respectfully submitted: Aimee Bissett Interim Director, Planning and Development Prepared by: Mike Bell Associate Planner City of Denton Page 2 of 2 Printed on 7/16/2015 Public Hearing Item 4E REQUEST: Hold a public hearing and consider a recommendation to City Council regarding an amendment to the Denton Development Code (DDC) to add "Craft Alcohol Production" to the list of zoning uses in Subchapter 5 and to add definitions for "Craft Alcohol Production" and "Restaurant, Brewpub" to Subchapter 23. BACKGROUND: Under the current regulations of the DDC, all breweries are classified as Light Manufacturing. This is due in large part to the production, storage and wholesale distribution activities associated with the breweries that are more appropriately located within employment and industrial zoning districts. However, as part of the recent boom in craft beers, many smaller breweries, or " microbreweries," have begun seeking out older, industrial buildings in more traditionally urban settings where they can also have associated restaurant, bar, or retail areas for onsite consumption of their products. Microbreweries are commonly defined by the industry as breweries producing less than 15,000 barrels of beer per year. These microbreweries have recently begun locating within urban areas of other Metroplex cities. In response to this boom and requests from microbrewery business owners about locations within downtown Denton, the Planning Division is proposing to add "Craft Alcohol Production" to the DDC to accommodate these requests and promote economic development downtown. By doing so, small -scale breweries, wineries, and distilleries may locate downtown without permitting all other light manufacturing uses that may be inappropriate in the area. To promote the walkability of Downtown, staff is also recommending that in certain districts these uses provide an onsite consumption component, such as a taproom or retail sales, for the general public. PROPOSED DEFINTIONS: Staff is recommending that a new use titled "Craft Alcohol Production" be added to the zoning tables in Subchapter 5 and defined in Subchapter 23 of the DDC. Craft Alcohol Production would include breweries, wineries, distilleries, cideries and any other alcoholic beverage manufacturers. To differentiate between Craft Alcohol Production and restaurants that also manufacture alcohol as an accessory use, staff is also recommending a definition for "Restaurant, Brewpub" be added to Subchapter 23 of the DDC. Craft Alcohol Production and Restaurant, Brewpubs are defined as follows: Craft Alcohol Production: A business that primarily manufactures alcoholic beverages for wholesale distribution, but may also include onsite consumption and /or retail sales. Restaurant, Brewpub: A restaurant that also manufactures alcoholic beverages as an accessory use, primarily for onsite consumption and /or retail sales. Upon the direction of the Planning and Zoning Commission at its work session on June 17, 2015, staff removed the onsite consumption requirement from the definition of Craft Alcohol Production and moved it into Limitation 12 discussed later in this report. The purpose of moving the onsite consumption requirement to a limitation was that onsite consumption may not be appropriate in all zoning districts. Staff also amended the definition of Restaurant, Brewpub to allow retail sales for those restaurants that may wish to sell their alcohol in growlers or other packaging for offsite consumption. PROPOSED LIMITATION: In some zoning districts within the city, including Downtown and the mixed -use zones, staff recommends that onsite consumption or retail sales be required so that these businesses have public spaces and store frontages to promote walkability. To accomplish this, the following limitation is proposed: L(12) = On- premise consumption and /or retail sales is required. Uses are limited to no more than 10,000 square feet of gross floor area for production, bottling, packaging, storage, and other manufacturing related activities. A SUP is required for additional square footage. In zoning districts with this limitation, the floor area for manufacturing activities related to Craft Alcohol Production would be permitted by right up to 10,000 square feet. Above 10,000 square would require an SUP (Specific Use Permit) so that potential nuisances can be conditioned through the public hearing process if necessary. The on- premise consumption or retail sales component of the business would not be limited in square footage or subject to an SUP. PROPOSED ZONING DISTRICTS: Staff recommends Craft Alcohol Production be permitted, not permitted, required with an SUP, or permitted with a limitation within the zoning districts of Subchapter 5 as follows: Downtown /University Core: Downtown Residential 1 (DR -1) Not Permitted Downtown Residential 2 (DR -2) Not Permitted Downtown Commercial Neighborhood (DC -N) SUP Downtown Commercial General (DC -G) L(12) Rural Areas: Rural Residential (RD -5) Not Permitted Rural Commercial (RC) SUP Neighborhood Centers: Neighborhood Residential 1 (NR -1) Not Permitted Neighborhood Residential 2 (NR -2) Not Permitted Neighborhood Residential 3 (NR -3) Not Permitted Neighborhood Residential 4 (NR -4) Not Permitted Planning Report DCA 15 -0002 Page 2 of 4 Neighborhood Residential 6 (NR -6) Neighborhood Residential Mixed Use 12 (NRMU -12) Neighborhood Residential Mixed Use (NRMU) Connnunity Mixed Use Centers: Community Mixed Use General (CM -G) Community Mixed Use Employment (CM -E) Regional Mixed Use Centers: Regional Center Residential 1 (RCR -1) Regional Center Residential 2 (RCR -2) Regional Center Commercial Neighborhood (RCC -N) Regional Center Commercial Downtown (RCC -D) Einployinent Centers: Employment Center Commercial (EC -C) Employment Center Industrial (EC -I) Industrial Centers: Industrial Center Employment (IC -E) Industrial Center General (IC -G) Not Permitted Not Permitted SUP L(12) L(12) Not Permitted Not Permitted SUP L(12) Permitted Permitted Permitted Permitted Upon the direction of the Planning and Zoning Commission at its work session on June 17, 2015, staff added an SUP to the NRMU, DC -N, and RCC -N zoning districts and L(12) to the CM -G and CM -E zoning districts. This would help promote mixed -use areas outside downtown Denton as encouraged by Denton Plan 2030, while still maintaining protections for adjacent neighborhoods. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, staff published a legal notice in the Denton Record Chronicle on June 21, 2015. OPTIONS: 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Table the item to a date certain. ATTACHMENTS: • Proposed Amendments to Subchapter 5 — Zoning Districts and Limitations • Proposed Amendments to Subchapter 23 - Definitions Planning Report DCA 15 -0002 Page 3 of 4 Prepared By: Mike Bell Associate Planner Date: 7/2/15 Reviewed By: X�O� Ron Menguita, AICP Development Review Committee Administrator Date: 7/2/15 Reviewed By: Munal Mauladad Assistant Director, Planning and Development Date: 7/2/15 Planning Report DCA 15 -0002 Page 4 of 4 - Categories Printing / Publishing RD-5 N RC N Bakeries N L(21) Craft Alcohol Production N SUP Manufacture of Non - odoriferous Foods N N Feed Lots SUP N Food Processing N N Light Manufacturing N SUP / L(24) Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries P P Distribution Center/Warehouse, General N N Warehouse, Retail N N Self- service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots N N Kennels L(14) L(14) Veterinary Clinics P P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N Gas Wells L(27) L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 5 ...... ............................... Development Code 5 -3 Subchapter 5 ...... ............................... Development Code Categories Printing / Publishing N N N N N N N Bakeries N N N N N N L(21) Craft Alcohol Production N N N N N N SUP Manufacture of Non - odoriferous Foods N N N N N N N Feed Lots N N N N N N N Food Processing N N N N N N N Light Manufacturing N N N N N N N Heavy Manufacturing N N N N N N N Wholesale Sales N N N N N N N Wholesale Nurseries N N N N N N N Distribution Center /Warehouse, General N N N N N N N Warehouse, Retail N N N N N N N Self- service Storage N N N N N N N Construction Materials Sales N N N N N N N Junk Yards and Auto Wrecking N N N N N N N Wrecker Services and Impound Lots N N N N N N N Kennels L(37) L(37) N N N N N Veterinary Clinics L(14) L(14) N N N N P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N N N N N N Gas Wells L(27) L(27) SUP L(27) SUP L(27) SUP L(27) SUP L(27) SUP L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -9 Subchapter 5 ...... ............................... Development Code Categories Printing / Publishing D- N DR-2 N DC-N N DC-G P Bakeries N N L(21) P Craft Alcohol Production N N SUP L(12) Manufacture of Non - odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N N Heavy Manufacturing N N N N Wholesale Sales N N N SUP/ L(36) Wholesale Nurseries N N N SUP/ L(36) Distribution Center /Warehouse, General N N N N Warehouse, Retail N N N N Self- service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Wrecker Services and Impound Lots N N N N Kennels N N N N Veterinary Clinics N SUP L(26) P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N N N Gas Wells SUP L(27) SUP I L(27) SUP I L(27) SUP I L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -15 Subchapter 5 ...... ............................... Development Code 5 -21 Categories Printing / Publishing P L(25) Bakeries P L(25) Craft Alcohol Production L(12) L(12) Manufacture of Non - odoriferous Foods N L(25) Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center /Warehouse, General N N Warehouse, Retail N N Self- service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots N N Kennels N N Veterinary Clinics P P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N Gas Wells SUP L(27) SUP I L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 5 ...... ............................... Development Code 5 -21 Subchapter 5 ...... ............................... Development Code Categories Printing / Publishing N N N N Bakeries N N L(21) P Craft Alcohol Production N N SUP L(12) Manufacture of Non - odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N L(23) Heavy Manufacturing N N N N Wholesale Sales N N N N Wholesale Nurseries N N N N Distribution Center /Warehouse, General N N N N Warehouse, Retail N N L(13) L(13) Self- service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Wrecker Services and Impound Lots N N N N Kennels N N N N Veterinary Clinics SUP SUP L(14) P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N N N Gas Wells SUP SUP L(27) L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -27 Subchapter 5 ..... ............................... Development Code 5 -32 Categories Commercial Land Use Home Occupation N N Sale of Products Grown on Site N N Hotels P P Motels P N Bed and Breakfast N N Retail Sales and Service P L(18) Movie Theaters N N Restaurant P P Private Club P P Bar P P Drive - through Facility P P Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Laundry Facilities P P Equestrian Facilities N N Outdoor Recreation P N Indoor Recreation P P Conference /Convention Centers P SUP Major Event Entertainment P P Commercial Parking Lots P P Administrative or Research Facilities P P Broadcasting of Production Studio P P Sexually Oriented Business N N Temporary Uses L(38) L(38) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -32 Subchapter 5 ...... ............................... Development Code 5 -39 Categories Printing / Publishing L(25) L(25) Bakeries L(25) P Craft Alcohol Production P P Manufacture of Non - odoriferous Foods L(25) P Feed Lots N N Food Processing N P Light Manufacturing P P Heavy Manufacturing N SUP Wholesale Sales P P Wholesale Nurseries P P Distribution Center /Warehouse, General P P Warehouse, Retail SUP SUP Self- service Storage P P Construction Materials Sales P P Junk Yards and Auto Wrecking N SUP Wrecker Services and Impound Lots L(29) L(29) Kennels N N Veterinary Clinics N N Sanitary Landfills, Commercial Incinerators, Transfer Stations N SUP Gas Wells L(27) L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 5 ...... ............................... Development Code 5 -39 Subchapter 5 ...... ............................... Development Code 5. All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business - owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L(9) = All restrictions of L(8), but limited to no more than 15 guest units. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(12) = On- premise consumption and /or retail sales is required. Uses are limited to no more than 10,000 square feet of gross floor area for production, bottling, packaging, storage, and other manufacturing related activities. A SUP is required for additional square footage. L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi -Public Halls, Clubs and Lodges. L(16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot. L(17) = Uses that exceed twenty -five thousand (25,000) square feet of gross floor area per use require approval of a SUP. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than 5,000 square feet of gross floor area except adjacent to I -35 then uses are limited to 10,000 square feet of gross floor area. L(19) = Allowed as an accessory use to the primary business(es) within the same structure. The accessory use is limited to those employees or owners of the business or businesses within the same structure. L(20) = Permitted, but outdoor storage of autos prohibited. L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L(22) = Uses are permitted only in association with Gas Stations and are limited to no more than 25 seats except adjacent to I -35 then the number of seats is limited to 50. L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 5,000 square feet. L(24) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 1,500 square feet. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(26) = Uses are limited to no more than 2,500 square feet of gross floor area per lot. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L(28) = Use allowed as part of consolidated parking plan. L(29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights -of -way and residential uses and zoning districts. 5 -43 Subchapter 23 ...... ............................... Development Code Condominium: A type of ownership of attached or detached dwelling units, offices, or other space within a structure, as defined by the provision of Title 7, Chapter 82 Uniform Condominium Act of the Texas Property Code in which each unit is independently owned and financed by the occupant but in which all lands are commonly owned. Conduit: Any open or closed device for conveying flowing water. Conference /Convention Centers: A facility with a capacity of greater than 1,000 seats used for conferences, conventions, seminars, or similar functions. Conservation Easement: A nonpossessory interest held by a governmental body empowered to hold an interest in real property under the laws of this state or the United States; other qualified entity, pursuant to Section 170(h) of the Internal Revenue Code, as amended; or a charitable corporation, charitable association, or charitable trust in real property that imposes limitations or affirmative obligations designed to: A. Retain or protect natural, scenic, or open -space values of real property or assure its availability for agricultural, forest, recreational, or open -space use; B. Protect natural resources; C. Maintain or enhance air or water quality; or D. Preserve the historical, architectural, archeological, or cultural aspects of real property. Construction Materials Sales: A business involved in the sale of structure supplies and services including lumber, plywood, drywall, siding, windows, molding, cabinets, insulation, etc. Conveyance Plat: An interim plat recording the subdivision of property or defining a remainder of property created by the approval of a final plat for sole purpose of conveying land and not for development for a portion of property, where approval of final development plans is not sought. Copy Center: A facility for the custom reproduction of written or graphic materials for individuals of businesses. Typical processes include, but are not limited to, photocopying, small offset printing, blueprint, and facsimile sending and receiving. Corner Lot: See "Lot, Corner." Cornice: A continuous, molded projection that crowns a wall or other construction, or divides it horizontally for compositional purposes. Coverage, Lot or Site: Total area of all structures, paved driveways, or other soil disturbances that will not allow normal water infiltration. The coverage is expressed as a percentage of such area in relation to the total gross area of the lot or site. Landscaping shall not be deemed part of the lot or site coverage. Craft Alcohol Production: A business that primarily manufactures alcoholic beverages for wholesale distribution, but that may also include onsite consumption and /or retail sales. Criteria Manual: A manual pertaining to the technical and design requirements of this Chapter. Critical Root Zone (CRZ): The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line but not less than one foot radius for each one inch dbh. dbh: Diameter at breast height (dbh) is the tree trunk diameter measured in inches at a height of four and one -half (4 1/2) feet above existing ground level. A. For single -trunk trees, the width shall be measured at four and one -half feet (4 1/2 � above ground level. B. For multi -trunk trees, combine the diameter of largest stem or trunk with one -half of the diameter of each additional stem or trunk, all measured at four and one -half feet (4 1/2 � above ground level. Day Care, Adult: A facility providing care for the elderly and /or functionally impaired adults in a protective setting for a portion of a 24 -hour day. The facility provides services under an adult day -care program on a daily or regular basis but not overnight to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. 23 -7 Subchapter 23 ..... ............................... Development Code Restaurant, Brewpub: A restaurant that also manufactures alcoholic beverages as an accessory use, primarily for onsite consumption and /or retail sales. Retail Sales and Service: A business established for the sale of goods or services to consumers, usually in small quantities (as opposed to wholesale) and does not include wholesale goods or services. Right -of -way: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another Specific Use. The usage of the term "right -of -way' for land platting purposes means that every right -of -way established and as shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right -of -way and not included within the dimensions or areas of such lots or parcels. Right -of -way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right -of -way is established. Riparian: An area adjacent to a river, stream or other natural course of water. Riparian Buffers: Areas identified as 100 feet from the stream centerline for streams draining a basin of greater than one square mile, and 50 feet from any streams that drain areas of one square mile or less. It also includes any areas identified as riparian through any Army Corps of Engineers Section 404 Permit Process. Root Pruning: Shall mean to cut away, remove, cut off or cut back all or parts of the root. All root pruning shall be in accordance with approved methods set forth in the National Arborist Association Standards. Sales of Products Grown On -site: Roadside stands or other temporary structures constructed for the sale of agricultural or horticultural products raised substantially on the premises. Salvage Yard: Any lot or parcel of land on which wastes or used secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials include but are not limited to: scrap iron and other ferrous metals, paper; rags, rubber tires, bottles, discarded goods, machinery, or two or more inoperable motor vehicles. Sanitary Landfills: A system of trash and garbage disposal in which the waste is buried between layers of earth. Satellite Earth Stations: Are considered to be accessory structures and are defined as a combination of: A. An antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; B. A low -noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; C. A coaxial cable whose purpose is to carry the signals into the interior of the structure; and, D. The station must be located to the side or rear of the structure unless a usable satellite signal cannot be obtained; in which case, the property owner may request a variance from the requirement through the board of adjustments. Ground- mounted stations shall be no more than ten feet above the maximum height requirement of the district in which they are located. Scrap Metal Processor: One who, from a fixed location, utilizes machinery and equipment for processing and manufacturing iron, steel or nonferrous metallic scrap into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap for sale for remelting purposes. Screening: A method of visually shielding or obscuring land -uses or structures via fencing, opaque buffer, or some other opaque physical barrier. Section 404 Permit: A permit required under federal Clean Water Act provisions. Self- Service Storage: A structure or portion used for dead storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals. Semi -Nude: A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices. 23 -26 - Categories Printing / Publishing RD-5 N RC N Bakeries N L(21) Craft Alcohol Production N SUP Manufacture of Non - odoriferous Foods N N Feed Lots SUP N Food Processing N N Light Manufacturing N SUP / L(24) Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries P P Distribution Center/Warehouse, General N N Warehouse, Retail N N Self- service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots N N Kennels L(14) L(14) Veterinary Clinics P P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N Gas Wells L(27) L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 5 ...... ............................... Development Code 5 -3 Subchapter 5 ...... ............................... Development Code Categories Printing / Publishing N N N N N N N Bakeries N N N N N N L(21) Craft Alcohol Production N N N N N N SUP Manufacture of Non - odoriferous Foods N N N N N N N Feed Lots N N N N N N N Food Processing N N N N N N N Light Manufacturing N N N N N N N Heavy Manufacturing N N N N N N N Wholesale Sales N N N N N N N Wholesale Nurseries N N N N N N N Distribution Center /Warehouse, General N N N N N N N Warehouse, Retail N N N N N N N Self- service Storage N N N N N N N Construction Materials Sales N N N N N N N Junk Yards and Auto Wrecking N N N N N N N Wrecker Services and Impound Lots N N N N N N N Kennels L(37) L(37) N N N N N Veterinary Clinics L(14) L(14) N N N N P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N N N N N N Gas Wells L(27) L(27) SUP L(27) SUP L(27) SUP L(27) SUP L(27) SUP L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -9 Subchapter 5 ...... ............................... Development Code Categories Printing / Publishing D- N DR-2 N DC-N N DC-G P Bakeries N N L(21) P Craft Alcohol Production N N SUP L(12) Manufacture of Non - odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N N Heavy Manufacturing N N N N Wholesale Sales N N N SUP/ L(36) Wholesale Nurseries N N N SUP/ L(36) Distribution Center /Warehouse, General N N N N Warehouse, Retail N N N N Self- service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Wrecker Services and Impound Lots N N N N Kennels N N N N Veterinary Clinics N SUP L(26) P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N N N Gas Wells SUP L(27) SUP I L(27) SUP I L(27) SUP I L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -15 Subchapter 5 ...... ............................... Development Code 5 -21 Categories Printing / Publishing P L(25) Bakeries P L(25) Craft Alcohol Production L(12) L(12) Manufacture of Non - odoriferous Foods N L(25) Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center /Warehouse, General N N Warehouse, Retail N N Self- service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots N N Kennels N N Veterinary Clinics P P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N Gas Wells SUP L(27) SUP I L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 5 ...... ............................... Development Code 5 -21 Subchapter 5 ...... ............................... Development Code Categories Printing / Publishing N N N N Bakeries N N L(21) P Craft Alcohol Production N N SUP L(12) Manufacture of Non - odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N L(23) Heavy Manufacturing N N N N Wholesale Sales N N N N Wholesale Nurseries N N N N Distribution Center /Warehouse, General N N N N Warehouse, Retail N N L(13) L(13) Self- service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Wrecker Services and Impound Lots N N N N Kennels N N N N Veterinary Clinics SUP SUP L(14) P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N N N Gas Wells SUP SUP L(27) L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -27 Subchapter 5 ..... ............................... Development Code 5 -32 Categories Commercial Land Use Home Occupation N N Sale of Products Grown on Site N N Hotels P P Motels P N Bed and Breakfast N N Retail Sales and Service P L(18) Movie Theaters N N Restaurant P P Private Club P P Bar P P Drive - through Facility P P Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Laundry Facilities P P Equestrian Facilities N N Outdoor Recreation P N Indoor Recreation P P Conference /Convention Centers P SUP Major Event Entertainment P P Commercial Parking Lots P P Administrative or Research Facilities P P Broadcasting of Production Studio P P Sexually Oriented Business N N Temporary Uses L(38) L(38) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -32 Subchapter 5 ...... ............................... Development Code 5 -39 Categories Printing / Publishing L(25) L(25) Bakeries L(25) P Craft Alcohol Production P P Manufacture of Non - odoriferous Foods L(25) P Feed Lots N N Food Processing N P Light Manufacturing P P Heavy Manufacturing N SUP Wholesale Sales P P Wholesale Nurseries P P Distribution Center /Warehouse, General P P Warehouse, Retail SUP SUP Self- service Storage P P Construction Materials Sales P P Junk Yards and Auto Wrecking N SUP Wrecker Services and Impound Lots L(29) L(29) Kennels N N Veterinary Clinics N N Sanitary Landfills, Commercial Incinerators, Transfer Stations N SUP Gas Wells L(27) L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 5 ...... ............................... Development Code 5 -39 Subchapter 5 ...... ............................... Development Code 5. All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business - owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L(9) = All restrictions of L(8), but limited to no more than 15 guest units. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(12) = On- premise consumption and /or retail sales is required. Uses are limited to no more than 10,000 square feet of gross floor area for production, bottling, packaging, storage, and other manufacturing related activities. A SUP is required for additional square footage. L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi -Public Halls, Clubs and Lodges. L(16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot. L(17) = Uses that exceed twenty -five thousand (25,000) square feet of gross floor area per use require approval of a SUP. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than 5,000 square feet of gross floor area except adjacent to I -35 then uses are limited to 10,000 square feet of gross floor area. L(19) = Allowed as an accessory use to the primary business(es) within the same structure. The accessory use is limited to those employees or owners of the business or businesses within the same structure. L(20) = Permitted, but outdoor storage of autos prohibited. L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L(22) = Uses are permitted only in association with Gas Stations and are limited to no more than 25 seats except adjacent to I -35 then the number of seats is limited to 50. L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 5,000 square feet. L(24) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 1,500 square feet. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(26) = Uses are limited to no more than 2,500 square feet of gross floor area per lot. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L(28) = Use allowed as part of consolidated parking plan. L(29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights -of -way and residential uses and zoning districts. 5 -43 Subchapter 23 Development Code Subchapter 23 — Definitions Sections: 35.23.1 General. 35.23.2 Definitions and Terms. 35.23.1 General. For the purpose of this Chapter, certain words and terms shall be defined and interpreted as follows. Interpretations of meaning shall be made by the Director of Planning and Development based on the provisions of Section 35.1.4. Appeals of staff interpretations of this Chapter shall be heard as a Board of Adjustment Procedure. 35.23.2 Definitions and Terms. Acceleration /Deceleration Lane: One or more paved traffic lanes traversing the frontage of a property for the purpose of allowing traffic to accelerate or decelerate outside of higher speed traffic lanes. Accepted for Filing: The status of an application following submission and acceptance as complete by the Director of all application materials, documents, and fees, and required signatures required by this Chapter. Access Ramp: A route to provide entry for vehicles and machinery into a drainage system. Access Road: A route parallel to and at the top of the bank or channel to allow maintenance access of channels from the top. Accessory Use: A use incidental or secondary to the principal use of a lot, building or structure and located on the same lot as the principal use. Acreage, Net: The gross acreage of a parcel excluding any floodway. Acreage, Gross: The acreage included within the boundary line of a particular property, including all property legally held by the owner, unless said property has dedicated right -of -way previous to development to the City, county, state or federal entity. Addition: Lots, tracts or parcels of land lying within the corporate boundaries of the City which is intended for the purpose of development. Administrative or Research Facilities: A facility used for the management of an enterprise or research and development activities such as improving technologies, developing products and scientific research. Adult Arcade: Any place to which the public is permitted or invited wherein coin - operated or slug - operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image - producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult Bookstore /Adult Video Store: A. A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following: 1. Books, magazines, periodicals or other printed matter, or photo - graphs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas': or 2. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities ". 23 -1 Subchapter 23 ..... ............................... Development Code B. For the purpose of this definition, a commercial establishment shall be considered to have as "one of its principal business purposes" the sale or rental of the materials described in (A) above, if: 1. The establishment makes use of a sign visible from any public street, whether located on or off the property of the establishment, advertising the availability at the establishment of any materials described in (A); 2. The establishment devotes more than thirty percent (30 %) of its total floor area which is open to the public to the display of items for sale or rental that are materials described in (A); 3. More than thirty percent (30 %) of the total number of items displayed for sale or rental by the establishment are materials described in (A); or 4. The establishment regularly maintains on the property for sale or rental materials described in (A) whole total retail value is more than fifty percent (50 %) of the total retail value of all materials kept on the premises for sale or rental. Adult Cabaret: A nightclub, bar, restaurant, or similar commercial establishment which regularly features: A. Persons who appear in a state of nudity; or B. Live performances which are distinguished or characterized by an emphasis on "specified sexual activities" or the exposure of "specified anatomical areas"; or C. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult Motel: A hotel, motel, or similar commercial establishment which: A. Offers accommodations to the public for any form of consideration; provides patrons with closed - circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right -of -way which advertises the availability of this adult type of photographic reproductions; or B. Offers a sleeping room for rent for a period of time that is less than 10 hours; or C. Allows a tenant or occupant of a sleeping room to sub -rent the room for a period of time that is less than 10 hours. Adult Motion Picture Theater: A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are distinguished or characterized by an emphasis on "specified sexual activities" or the exposure of "specified anatomical areas." Agricultural Activity: Land used exclusively as a bonafide agricultural operation by the owner or tenant. The use of land for agricultural purposes including farming, horticulture, animal and poultry husbandry, and the necessary accessory uses, provided that the operation of the accessory use is clearly incidental to the agricultural activity. An accessory use shall include incidental sales by the producer of products raised on the farm. Airspace Obstruction: Any structure, tree, land mass, or use of land which penetrates a transitional, horizontal, or conical surface of an airport, airport approach, or airport overlay as defined by this Chapter and /or regulations of the Federal Aviation Administration. Alley: A public way which affords a secondary means of access to abutting property and which is not intended for general travel or circulation. 23 -2 Subchapter 23 Development Code Antenna, Directional: Any antenna which incorporates a reflective surface that is designed to transmit or receive microwave signals from terrestrial or orbitally based uses. Apartment, Studio or Efficiency: One room which is designed or intended for occupancy by, or which is occupied by, one family doing its cooking therein or by one or more related persons doing their or their own cooking therein. For zoning purposes, a studio or efficiency apartment shall be regarded as a dwelling unit and a structure containing three or more such apartments shall be regarded as a multiple dwelling. Arcade: Any commercial building in which there are more than three amusement game machines on the premises which are available to the public. An arcade may contain commercial recreational machines or games other than amusement game machines. Arcades are restricted in use between the hours of 10 A.M. and 10 P.M. Sunday through Thursday and 10 A.M. and 12 P.M. Friday through Saturday and are further restricted from serving alcoholic beverages, except in the case where the use is primarily for adults and all minors are accompanied by an adult. Architectural Element: Authentic architectural projections and details. Architectural Projection: Eaves, decorative extensions, bay windows having no floor space, or other portions of a structure having no living space nor key structural value. Assisted Living Facility: An establishment that: A. Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and B. Provides personal care services. Attached Single - family: See "Dwelling, Single - family Attached." Automobile and RV Sales: A structure and /or lot dedicated to the retail sale of new or used motor vehicles. Automotive Wrecking and Salvage Yard: A business that stores three or more wrecked vehicles outdoors for the purpose of selling the vehicles whole; or dismantling or otherwise wrecking the vehicles to remove parts for sale or for use in an automotive repair or rebuilding business. Backhaul Provider: the owner of a wire network (i.e. the cable, electric, or telephone company) utilized in connecting the various cell sites to telephone switching offices, long distance providers or the public switched telephone network. Bakery: A place for baking or selling baked goods. Bar: An establishment whose primary activity is the sale of alcoholic beverages for on- premise consumption. Base Density: The density allowed in the parent zoning district per gross acre. Base Flood: A flood having a one (1) percent chance of being equaled or exceeded in any given year based on a fully developed watershed. Also known as the one hundred -year flood. Basement: A building story partially or completely underground. A basement shall be counted as a story in computing building height where any portion of a basement has more than one -half of its height above grade. Basic Utilities: Infrastructure services and the structures necessary to provide those services including electricity, natural gas, telephone, telecommunications, water, or sewer. Bed and Breakfast Facilities: A detached dwelling in which rooms are rented and meals may be served to transient guests on an overnight basis. Bedroom: Any room other than a living room, family room, dining room, kitchen, bathroom, closets, or utility room, for the purpose of this Code, shall be considered a bedroom. Dens, studies, etc. with or without closets and similar areas, which may be used as bedrooms shall be counted as bedrooms for the purposes of this Chapter. Block: The land surrounded by streets and other right -of -way other than an alley, or land which is designated as a block on any recorded subdivision map. 23 -3 Subchapter 23 ..... ............................... Development Code Board of Adjustment /Board: The Board of Adjustment of the City of Denton, Texas Boarding or Roominghouse: A dwelling in which meals and lodging or just lodging are furnished for compensation to more than four but fewer than 20 persons. Provision for meals may be made, provided cooking is done in a central kitchen and not in individual rooms or suites. Broadcasting or Production Studios: A structure designed for making and transmitting programs for radio or television or for the production /editing of films, videos, commercials, etc. Buffer: A strip of land that includes landscaping, fencing, walls, vegetated earthen berm, or any combination thereof. Buildable Area: The portion of a lot remaining and available for construction of a structure or related facilities after required yards and buffers have been provided. Buildable area cannot contain any setback areas, easements, and similar building restrictions, and cannot contain any land that is identified as Floodplain Areas, or Environmentally Sensitive Areas, except as otherwise provided in this Chapter. Building: Any permanent structure designed, used, or intended to be used for human occupancy or use or to support the human occupancy or use of land, including manufactured homes. Building Envelope: An area within the property boundaries of a lot or space within which a permitted structure can be placed. Building Line: A line established beyond which no part of a building shall project, except as otherwise provided in this Chapter. Building Official: The official appointed by the Director of Planning and Development and charged with the enforcement of this Chapter and responsibility of approving building permits and certificates of occupancy. Building Permit: A document signed by the Building Official or their authorized representative as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, repair, remodeling, rehabilitation, alteration, conversion, demolition, moving, installment, or portion of a structure or building, which acknowledges that such use or building complies with the provisions of this Chapter or an authorized variance or Specific Use Permit there from. Building, Principle: A building in which the primary use of the lot on which the building is located is conducted. Business or Trade School: A secondary school offering instruction in a professional, vocational, or technical field. Business Sign: An identification sign containing the name of the business or other accessory information located on the same premises. Caliper: A horticultural method of measuring the diameter of nursery stock grown for the purpose of planting in another location. For trees less than four inches in diameter, the measurement is taken at six inches above ground level. For trees four inches in diameter and up to and including twelve inches in diameter, the caliper measurement is taken twelve inches above ground level. For trees greater than twelve inches in diameter, the trunk is measured at breast height (DBH). Caretaker Quarters: A dwelling unit which houses an individual or family who is employed by the primary user of the property to guard and protect the property and structure(s) from fire, vandalism, theft, etc. Such structure is not to be used for dwelling purposes other than as a caretaker unit. Carport: A partially enclosed structure used for the housing of motor vehicles, the property of, and for use only by the occupants of the lot upon which such structure is located. For purposes of zoning, a carport attached to a principal structure shall be regarded as part of that principal structure and not as an accessory structure. A detached carport shall be classified as an accessory structure. Central Business District: The area described as such by the map contained within Appendix B of the Site Design Criteria Manual. 23 -4 Subchapter 23 Development Code Certificate of Occupancy: Certificate issued by the Building Official for the use of a building, structure or land, when it is determined by the Building Official that the building, structure or proposed land use complies with the provisions of all applicable Codes of the City of Denton. Channel: An open conduit in which water flows with a free surface. Charter School: A school established by a contract with the State Board of Education (SBOE) or the board of trustees of an independent school district; licensed by the state and meeting the state requirements for primary, secondary or higher education. Child -Care Facility: A facility licensed, certified, or registered by the State of Texas to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24 -hour day, whether or not the facility is operated for profit or charges for the services it offers. The following are child -care facilities: A. "Child -care institution" means a child -care facility that provides care for more than 12 children for 24 hours a day, including facilities known as children's homes, halfway houses, residential treatment centers, emergency shelters, and therapeutic camps. B. "Foster group home" means a child -care facility that provides care for 7 to 12 children for 24 hours a day. C. "Foster home" means a child -care facility that provides care for not more than six children for 24 hours a day. D. "Day -care center" means a child -care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day. E. "Group day -care home" means a child -care facility that provides care for 7 to 12 children under 14 years of age for less than 24 hours a day. F. "Family home" means a home that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker. Christmas Tree and Pumpkin Sales: Christmas tree and pumpkin sales include the sale of healthy, nonhazardous, cut or live evergreen trees, wreaths, tree stands and pumpkins. Permits for temporary Christmas tree and pumpkin sales are limited to the non - residential districts. Church: A structure used by a religious organization or congregation for regular organized religious activities. A church use may also include accessory or subordinate uses and structures associated with its religious mission, such as: rectories, convents, meeting halls, offices for administration of the institution, schools, educational facilities, dormitories for students, parsonages, dwelling units for religious organization personnel, recreational facilities, day care facilities, arenas or production studios, or any combination of such optional uses, provided that: 1. This definition shall not apply to any such accessory or subordinate uses, unless they are secondary to an active, primary church use located on the same premises, regardless of whether such uses are owned, operated, managed, supported, or endorsed by, or otherwise affiliated with, any religious organization, mission or belief, and regardless of whether any religious message, teachings, customs, celebrations, ceremonies, rituals, rites, worship or content are provided in conjunction with such uses; and, Any and all such accessory or subordinate uses having a residential component, such as rectories, convents, parsonages, dormitories and dwelling units, shall be located within an accessory structure, secondary to the main church use. The primary structure may not be used for any such residential use. City: The City of Denton, Denton County, Texas, and its extraterritorial jurisdiction. City Council: The City Council of the City of Denton, Texas. 23 -5 Subchapter 23 ..... ............................... Development Code City Engineer: The individual holding the office of City Engineer of the City of Denton, Texas, who shall actively maintain licensure in good standing as a Professional Engineer under the laws of the State of Texas. Those duties assigned by this chapter to the City Engineer which relate to the development review process may be reassigned by the City Manager, in whole or in part, to one or more licensed professional engineers, as needed to adjust workflow or to provide specific expertise. City Facility: A public service or facility provided, owned and controlled by the City. Clear Cutting: The removal of all of the trees or a significant majority of the trees within an area. Clearing: An intentional act to cut down or damage a tree and /or understory vegetation, to the extent that the tree and /or understory vegetation will decline or die. Clearing includes, but is not limited to, herbicide or similar chemical treatment of trees and /or understory vegetation, physical removal, damage from soil compaction, or damage due to grading. Clearing and Grading, Limits of. The boundaries of that area of land identified in the clearing and grading plan, site plan or landscape plan subject to soil disturbance, clearing of trees and other vegetation in conjunction with a proposed development or land use. Cluster Subdivision /Development: A grouping of individual building lots or sites in close proximity, each of which or the majority of which has less land than required for isolated individual lots, with the additional areas being devoted to open space, conservation area, recreation space, parking spaces and access facilities, in addition to required yards. Clustering: The concentrating of units or floor area ratio in the buildable area(s). College or University: An institution of higher learning providing facilities for teaching and research and authorized to grant academic degrees. Commercial Incinerator: Establishments primarily engaged in the collection and disposal of refuse by processing or destruction for profit. Examples would be furnaces or similar devices for the burning to ash of trash or bodies. Commercial Parking Lots: An area devoted to the standing, maneuvering, and circulation of motor vehicles in commercial areas. Commission: The Planning and Zoning Commission of the City of Denton, Texas. Committee: The Development Review Committee (DRC). Common Access Route /Internal Street: Private drive allowing principal means of access to individual HUD -Code Manufactured Home Park lots or auxiliary buildings. Community Center: A building used as a place of meeting, recreation, or social activity and not operated for profit and which neither alcoholic beverages or meals are normally dispensed or consumed, and typically for use by the residents of a particular development or the community. Community Home for Disabled Persons: A community -based residential home containing not more than 6 disabled persons with 2 supervisory personnel which meets the requirements of the Community Homes for the Disabled Persons Location Act, Tex. Hum. Res. Code Chapter 123.001, et seq. (Vernon 1990), as amended. Community Service: A structure or group of structures for a community's governmental, social, educational, and /or recreational activities. Community Service facilities include federal, state, county, and local government activities. - Comprehensive Plan: The Denton Plan, the Comprehensive Plan of the City of Denton, Texas as adopted by the City Council. The Comprehensive Plan shall consist of a Land Use Plan, a Mobility Plan, a Water System Plan, a Sanitary Sewer Plan, a Storm Drainage Plan, a Parks and Recreation Plan, and such other plans as may be adopted by the City. 23 -6 Subchapter 23 Development Code Condominium: A type of ownership of attached or detached dwelling units, offices, or other space within a structure, as defined by the provision of Title 7, Chapter 82 Uniform Condominium Act of the Texas Property Code in which each unit is independently owned and financed by the occupant but in which all lands are commonly owned. Conduit: Any open or closed device for conveying flowing water. Conference/ Convention Centers: A facility with a capacity of greater than 1,000 seats used for conferences, conventions, seminars, or similar functions. Conservation Easement: A nonpossessory interest held by a governmental body empowered to hold an interest in real property under the laws of this state or the United States; other qualified entity, pursuant to Section 170(h) of the Internal Revenue Code, as amended; or a charitable corporation, charitable association, or charitable trust in real property that imposes limitations or affirmative obligations designed to: A. Retain or protect natural, scenic, or open -space values of real property or assure its availability for agricultural, forest, recreational, or open -space use; B. Protect natural resources; C. Maintain or enhance air or water quality; or D. Preserve the historical, architectural, archeological, or cultural aspects of real property. Construction Materials Sales: A business involved in the sale of structure supplies and services including lumber, plywood, drywall, siding, windows, molding, cabinets, insulation, etc. Conveyance Plat: An interim plat recording the subdivision of property or defining a remainder of property created by the approval of a final plat for sole purpose of conveying land and not for development for a portion of property, where approval of final development plans is not sought. Copy Center: A facility for the custom reproduction of written or graphic materials for individuals of businesses. Typical processes include, but are not limited to, photocopying, small offset printing, blueprint, and facsimile sending and receiving. Corner Lot: See "Lot, Corner." Cornice: A continuous, molded projection that crowns a wall or other construction, or divides it horizontally for compositional purposes. Coverage, Lot or Site: Total area of all structures, paved driveways, or other soil disturbances that will not allow normal water infiltration. The coverage is expressed as a percentage of such area in relation to the total gross area of the lot or site. Landscaping shall not be deemed part of the lot or site coverage. Craft Alcohol Production: A business that primarily manufactures alcoholic beverages for wholesale distribution, but that may also include onsite consumption and /or retail sales. Criteria Manual: A manual pertaining to the technical and design requirements of this Chapter. Critical Root Zone (CRZ): The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line but not less than one foot radius for each one inch dbh. dbh: Diameter at breast height (dbh) is the tree trunk diameter measured in inches at a height of four and one -half (4 1/2) feet above existing ground level. A. For single -trunk trees, the width shall be measured at four and one -half feet (4 1/2 `) above ground level. B. For multi -trunk trees, combine the diameter of largest stem or trunk with one -half of the diameter of each additional stem or trunk, all measured at four and one -half feet (4 1/2 � above ground level. Day Care, Adult: A facility providing care for the elderly and /or functionally impaired adults in a protective setting for a portion of a 24 -hour day. The facility provides services under an adult day -care program on a daily or regular basis but not overnight to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. 23 -7 Subchapter 23 ..... ............................... Development Code Decibel (dB): The physical unit commonly used to measure noise levels; the unit of level such as the sound pressure level. Deed Restrictions /Private Covenants: Private stipulations usually pertaining to residential subdivisions which govern lot size, minimum floor area, uses permitted and, in some instances, architectural design. These may be stricter than provisions included in this Chapter. Demolition Business: A business that demolishes structures, including houses and other buildings, in order to salvage building materials and that stores those materials before disposing of them. Demolition: The dismantling, razing or neglect of all or any part of any structure. Dense Evergreen Foliage: A large quantity of vegetation per unit of area that retains its leaves throughout the year and of such opacity as to block one's vision through it. Density: The quantity of an item per unit area; for example, the number of dwelling units per gross area. Density, Base: The maximum number of dwelling units per gross acreage or the maximum floor area permitted outright by a particular land -use classification. Density, Gross: The total number of dwelling units divided by the total project area acreage, expressed as gross dwelling units per acre, or the calculation of which is otherwise defined by this Chapter. Density, Net: The total number of dwelling units divided by the net project area acreage, expressed as net dwelling units per acre. In determining net density within the development boundaries, including: all land area associated with and accessory to the dwelling unit, including private and public streets, driveways, off -street parking, public and private recreational facilities, common open space, utility easements, and environmentally sensitive areas. Exclusions from net density calculations include: nonresidential structures and land uses, accessory dwelling units, the floodway and any waters of the U.S. and any other exclusions as identified by this Chapter. Department: The Planning and Development Department of the City. Detention: The storage of storm runoff for a controlled release during or immediately following the design storm. Regional detention refers to storage of storm runoff from an entire drainage area or basin. Developed Floodplains: Any area defined as a floodplain within the FEMA 100 -year floodplain. These areas have typically been channelized or the land within these areas has been graded, filled, or otherwise disturbed. Developer: The legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. Development: Any man -made change to improved or unimproved real estate, including but not limited to, buildings or other structures, paving, drainage or utilities. Development activities include: subdivision of land; construction or alteration of structures, roads, parking, fences, pools, signs, temporary uses, utilities, and other facilities; installation of septic systems; grading excavation, mining or drilling operations; deposit of refuse, debris, or fill materials; and clearing of natural vegetative cover (with the exception of agricultural activities as defined and as permitted). Routine repair and maintenance activities are exempted. Development Unit: An approximate "subarea" within a specifically defined MPC boundary - containing singular or multiple designated land use and zoning classifications. Multiple classifications or mixed -use classifications may be permitted in the MPC District in conformance with the Denton Plan. A development unit in text or table format is the same area as referenced on a map but describes the area in more specific detail. The City Council may approve a particular definition of "subarea" or "development unit" for any individual MPC District. Development Exaction: Any dedication of land or easements for, construction of, or monetary contribution toward construction of a public improvement required as a condition of plat approval by the City. Development Plan: Is a plan, organized, by development unit, demonstrating how the Standards Report will be implemented. The Development Plan will illustrate the proposal's relationship and conformity with adjacent land uses, Mobility systems and the provision of utilities and other public services. 23 -8 Subchapter 23 Development Code Development Plan Map: A map at an appropriate scale included in an MPC zoning document that sets forth on the property all the proposed land uses in a zoning category format (e.g., NR -3, RCC, etc., or equivalent), identifies site access, connectivity, and general public improvements (such as parks, open space, trails, but not limited to these), a table showing all the land uses; including the total acreage of each proposed land use, the land use and acreage by parcel, and the total acreage of the project. The map shall also show boundaries reflecting the phasing plan. Development Plat: A plat reflecting new construction or the enlargement of any exterior dimension of any building, structure, or improvement on property previously final platted or not required to be platted. Diameter Breast Height (DBH): The outside diameter of the trunk of a tree, measured four and one -half (4 ' /z) feet above ground level. If a tree splits into multiple trunks below the 4 V2 feet level, DBH will be defined as the sum of each individual trunk measured at 4 V2 feet above ground level, or the single trunk at its most narrow dimension, whichever is greater. Directional Antenna: Any antenna which incorporates a reflective surface that is designed to transmit or receive microwave signals from terrestrial or orbitally bases uses. Director of Planning and Development /Director: The person designed to receive and process plats, site plans, amendments to this Chapter, the zoning map, or the Comprehensive Plan. Disabled Persons: Persons whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak or breathe is substantially limited because the person has: A. Orthopedic, visual, speech, or G. Multiple sclerosis; hearing impairments; H. Cancer; B. Alzheimer's disease; I. Heart disease; C. Pre - senile dementia; J. Diabetes; D. Cerebral palsy; K. Mental retardation; E. Epilepsy; L. Autism; or F. Muscular dystrophy; M. Emotional illness Disc Antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is the shape of a shallow dish, cone, horn, or cornucopia. Such devices may be used to transmit or receive radio or electromagnetic waves between terrestrially or orbitally based uses. This definition includes, but is not limited to, satellite earth stations and microwave antennas. Distribution Center /Warehouse, General: A facility where goods or products that are manufactured or assembled off -site are received and stored in bulk, and are then distributed to customers. District: An area, region, or section with a distinguishing character, or the regulations governing the height, area, use and design of the land and buildings. Disturbed Area: An area of land subjected to erosion due to the removal of vegetative cover and /or earthmoving activities, including but not limited to filling. Door: A hinged, sliding or folding barrier for providing access to a building, structure or room. Door, False: A device that resembles a door, but does not provide access to a building, structure or room. Dormitory: A dwelling unit designed to be occupied by at least 50 students or residents of a school, college, university, or similar institution, with sleeping accommodations, common gathering rooms, and may include group cooking and dining facilities designed to service the entire residency of the dormitory. Double Frontage Lot: See "Lot, Double Frontage." 23 -9 Subchapter 23 ..... ............................... Development Code Drainage Area /Basin: The land area upon which all rainfall that falls on that area is directed towards or flows to a given point or stream. Drainage Facilities/ Systems: Physical provisions to accommodate and regulate stormwater runoff to preclude excessive erosion and sedimentation and to control and regulate the rate of flow. Facili ties /systems can include natural features and conduits, channels, ditches, swales, pipes, detention devices or other devices designed or intended to carry, direct, detain or otherwise control stormwater. Drip Line: A vertical line run through the outermost portion of the canopy of a tree and extended to the ground. Drive- Through Use: A facility or structure that is designed to allow drivers to remain in their vehicles before and during an activity on the site. Drive - through facilities are a type of site development that is usually found in conjunction with a quick vehicle servicing use or other retail sales and service use. Examples include, but are not limited to, drive- through windows, menu boards, gas pump islands, car wash facilities, and quick lube or quick oil change facilities. Driving Surface: A paved access capable of supporting up to 44,000 lbs. gross vehicle weight. Surface to be of minimum width as required by this Chapter. Width shall be increased on turns where necessary to ensure fire apparatus remain on a paved surface during travel. Duplex: See "Dwelling, Duplex." Dwelling /Dwelling Unit: A structure or portion thereof that provides living, sleeping, eating, cooking, and sanitation accommodations. Dwelling, Accessory: A detached structure, other than a manufactured home, that contains a dwelling that is subordinate to a primary single - family detached dwelling. The accessory dwelling shall be on the same lot as the primary single - family dwelling (see definition of "Dwelling, Single - Family Detached "), and shall conform to the standards outlined in this Chapter. Accessory dwellings shall not be included in the density calculations for a lot or development. Dwelling, Duplex: A structure that contains two (2) attached dwellings that are separated by a fire -rated wall. Dwelling, HUD -Code Manufactured Home: A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is four hundred (400) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g). Dwelling, Mobile Home: A structure that was constructed before June 15, 1976, transportable in one (1) or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is four hundred (400) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems. Dwelling, Multi - Family: A structure that contains three (3) or more dwellings and any ancillary uses. Dwelling, Single - Family: An independent structure that is used for the purpose of one (1) dwelling only f►.T BN Subchapter 23 Development Code Dwelling, Single - Family Attached (aka Townhomes): A structure containing at least three (3), but not more than eight (8) attached dwellings, and complies with the following: 1. Has individual front and rear access on the ground floor of each dwelling; 2. Each dwelling shall be separated by fire -rated walls: 3. Each dwelling shall be serviced by an individual meter for each utilities; 4. Each dwelling shall have direct access to a street or alley; and 5. Each dwelling shall be located on its own individual platted lot and each lot must have frontage on a public or private street. Dwelling Unit, Efficiency (aka Studio Unit): A dwelling unit that has only one (1) combined living and sleeping room, but may also have separate kitchen and sanitary facilities within the same unit. Easement: A grant of the right to use a strip of land for specific purposes. Easement, Access: An easement created for the purpose of providing vehicular, pedestrian, or bicycling access to or between properties. Easement, Maintenance: An area of a parcel of land free of structures reserved to an adjacent parcel of land to allow access to repair and maintain a structure, facility, or conservation area located on the adjacent parcel. Ecological Impact:: A modification or change in the existing natural environment that could result in the disruption or loss of wildlife habitat, vegetation, air quality, soil and water quality, and resources, or an increase in ambient noise levels. Ecosystem: An interacting system formed by a biotic community and its physical environment. Effluent: Sewage water or other liquid, partially or completely treated or in its natural state, flowing out of any component of an individual sewage disposal system or flowing over the ground's surface or beneath the ground in groundwater. Elderly Housing: A structure licensed by the Texas Department of Aging and Disability, eighty percent of whose occupants are 55 years of age and older, and that; meets the definition of one of the three uses listed below: a. Elderly Housing, Assisted Living: Services in these establishments include assistance with daily activities, such as dressing, grooming, bathing, etc.; b. Elderly Housing, Congregate Care Facility: A facility for long -term residence generally for persons 55 years of age or older, and which shall include, without limitation, common dining, social and recreational features, special safety and convenience features designed for the needs of the elderly, such as emergency call systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and doorways designed to accommodate wheelchairs, and the provision of social services for residents which shall include at least two of the following: meals services, transportation, housekeeping, linen, and organized social activities; or c. Elderly Housing, Life Care Housing and Services: A residential complex, which may contain multi- family dwellings, attached dwellings, single - family dwelling and other types of dwellings and structures designed for and principally occupied by senior citizens. Such facilities will include one of the following: a congregate meals program in a common dining area, assisted living housing, nursing home facilities, congregate care facilities, or medical facilities. 23 -11 Subchapter 23 ..... ............................... Development Code Elementary School: A public', private or charter school established for grades 1 through 5 but may also include a kindergarten. Endangered Species: A species of animal or plant is considered to be endangered when its prospects for survival and reproduction are in immediate jeopardy from one or more causes as defined in the Endangered Species Act. Environment: The physical condition which exists within the area that will be affected by a proposed development, including: land, air, water, mineral, flora, fauna, noise, and objects of historic or aesthetic significance. Environment, Natural: This environment is characterized by severe biophysical limitations, presence of some unique or natural or cultural features intolerant of intensive human use, or its value is retained only in its natural condition. Management objectives are oriented toward preserving unique features, restricting activities that may degrade the actual or potential value of this environment, and severely restricting development in hazardous areas. Environmental Scientists: Professionals, which are required for the environmental analysis and plan required by this Chapter, with training or direct experience in areas such as: environmental planning, physical geography, environmental geography or hydrology, ecology, botany, soil sciences, or natural resources. Environmentally Sensitive Area: An area identified on the official map for Environmentally Sensitive Areas that contains Floodway, Developed Floodplain, Undeveloped Floodplain, Riparian Buffers, Water Related Habitat, or Upland Habitat. Environmentally Sensitive Areas Map: The official map that identifies areas identified as Environmentally Sensitive Areas. EPA: Environmental Protection Agency Ephemeral Stream: Stream that has flowing water only during and shortly after precipitation events in a typical year. These streams are located above the water table year round. Runoff from rainfall, not groundwater, is the primary source of water for stream flow. Equal Conveyance Principle: An area of the cross - section of a stream, in its existing condition, carrying a percentage of the stream flow, will continue to carry the same percentage of the stream flow after filling of the flood plain occurs, without any rise in the 100 -year flood plain elevation. Equestrian Facilities: A structure or area for horseback riding activities including boarding, training, lessons, and shows. Erosion: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, or gravity, caused either by natural or human created conditions. Escort: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who, for consideration, agrees or offers to privately model lingerie or to privately perform a striptease for another person. Escort Agency: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. Estate Lot: A lot that is at least one (1) acre in size with the purpose of being developed with a single - family detached dwelling as the primary use. Exaction Variance: A variance granted on the basis of a finding that the imposition of the regulations(s) exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted. Excavation: The mechanical or physical act to cut, dig, or scoop soil. z Reference Note — Texas case law generally prohibits enforcement of zoning restrictions upon the location of any school operated by a governmental authority with the powers of eminent domain (e.g. Denton Independent School District.) 23 -12 Subchapter 23 Development Code Extraction: To draw out or forth; hence to derive as if by drawing out; removal of physical matter in a solid, liquid, or gaseous state from its naturally occurring location; the initial step in use of a natural resource; examples include: petroleum and natural gas wells, shale and coal mines, gravel pits, and timber cutting. Extractive Industry: A use involving on -site extraction of surface or sub - surface mineral products or natural resources. Typical uses may be quarries, borrow pits, sand and gravel operations, mining, and soil mining. Specifically excluded from this use is grading and removal of soil associated with an approved site plan or subdivision or excavation associated with, and for the improvement of, a bonafide agricultural use. Extraterritorial Jurisdiction: The unincorporated area outside of and contiguous to the corporate boundaries of the City as defined and established in accordance with Chapter 42 of the Texas Local Government Code. Fabricating: The process of assembling using standardized parts. Facade: That portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation. Facade Articulation: A method or manner of jointing that makes the united parts clear, distinct, and precise in relation to each other. For example, when a brick clad section meets up with a glass curtain wall, a variation in plane is generally needed to avoid the facade appearing too flat. Fair Grounds: An area of land use including, but not limited to: agricultural related office building, exhibition of livestock and farm products, animal shows and judging, carnivals, circuses, community meeting or recreational buildings and uses, concerts, food booths and stands, games, rides, rodeos, sales, auctions, and storage. Family: One or more persons related by blood, marriage or legal adoption. FAR: See Floor -Area- Ratio. Farm Stand: An accessory use, building, or structure used for the retail sale of fresh fruits, vegetables, flowers, herbs, or plants, home - processed food stuffs and products such as jams, honey, pickled products, sauces, baked goods, and homemade crafts /art made on the site. No commercially packed handicrafts or commercially processed or packaged foodstuffs shall be sold at a farm stand. Farmer's Market: The seasonal selling or offering for sale at retail directly to the consumer of fresh fruits, vegetables, flowers, herbs, or plants, processed food stuffs and products such as jams, honey, pickled products, sauces, baked goods, crafts, and art, clothing and other goods, occurring in a pre - designated area, where the vendors are generally individuals who have raised the produce or have taken the same or other goods on consignment for retail sales. Fast Food Restaurant: A restaurant serving food from an ordering counter or from a drive- through facility. Feedlot: A lot, corral, yard, or other area in which livestock are confined, primarily for the purposes of feeding and growth prior to slaughter. The term shall not include areas which are used for raising crops or other vegetation or upon which livestock are allowed to graze, nor shall it allow the slaughter of said animals and livestock on premises. Fees in Lieu of. Allowing, at the developer's option, the payment of the developer's share of the cost of constructing a required public improvement instead of requiring the actual construction at the time of plat approval. FEMA: Federal Emergency Management Agency Fence: A vertical device used as a boundary or means of providing protection, confinement or privacy. Fence, perimeter: An enclosure used as a boundary or means of providing protection, confinement or privacy and is located along the limits of the developed area and is adjacent to an alley, or rights -of -way. Field or Construction Office: A temporary modular building located at a construction site which serves only as an office until the given construction work is completed. Filling: The depositing on land, whether submerged or not, of gravel, earth, or other natural materials in any combination. Fire Code: The most recently adopted International Fire Code as published by the International Code Congress 23 -13 Subchapter 23 ..... ............................... Development Code Fire Lane: A fire apparatus access roadway, on private property or within a public right -of -way, which provides unobstructed passage for the fire department apparatus responding to or engaged in emergency fire and rescue operations. Flatwork: Any impervious area constructed at grade, such as driveways and walkways. Flea Market: An outdoor market for selling secondhand articles or antiques. Floodplain: An area identified by the Federal Emergency Management Agency as possibly being flood - prone, or below the immediate flood line (100 -year flood plain). Flood Fringe: The area located within the floodplain and outside the floodway. Flood Hazard Boundary Map (FHBM): An official map of a community, issued by the Federal Insurance Administration, where special flood hazard areas have been designated. Flood Insurance Rate Map (FIRM): An official community map showing special flood hazard areas and the risk premium zones applicable to the community as issued by the Federal Insurance Administration. Flood Insurance Study: The official Federal Insurance Administration report containing flood profiles, the water surface elevation of the base flood and the flood hazard boundary map. Floodway: Area regulated by federal, state, or local requirements to provide for discharge for the base flow, so that the cumulative increase in water surface elevation is no more than a designated amount within the 100 -year floodplain. A river, channel or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (one - hundred -year flood) discharge without cumulatively increasing the water surface elevation at any point more than one (1) foot above that of the pre- floodway condition, including those designated on the flood insurance rate map. Floor Area: The floor area is the gross horizontal area of the one or more floors of a structure, excluding interior parking spaces. Residential floor space shall be exclusive of carport, basement, attic, patios and open porches. Same as Gross Leasable Floor Space. Floor Area Ratio (FAR): The ratio which is the result of dividing the total floor area of a structure by the area of the lot on which it is located. For example, a structure with a floor area of 20,000 square feet, located on a lot of 40,000 square feet has a floor area ratio (FAR) of 0.5. Food Processing Facilities: Industrial operations in which raw food is made suitable for consumption, cooking or storage. Such facilities include commercial slaughterhouses for poultry, livestock, or other animals, hog farms, and egg farms. Footprint: The horizontal area as seen in a site plan, measured from outside of all exterior walls and supporting columns. It includes residences, garages, covered carports, accessory structures, all other structural uses both primary and accessory to that district, but not trellises, patios, and areas of porch, deck, and balcony less than 30 inches from finished grade. Fraternity: A local or national organization organized for the purpose of sharing social, cultural, scholarly, or religious interests, where involvement requires regular meetings and formal written membership requirements. Fraternity or Sorority House: A dwelling unit in which members of a fraternity or sorority assemble or reside. Freeboard: The vertical distance between the design water surface level and the top of an open conduit left to allow for wave action, floating debris or any other condition or emergency without overtopping the structure. Frequency: Number of complete oscillations or cycles per unit of time. The unit of frequency often used is the Hertz (Hz). Front Yard: See "Yard, Front." Frontage: That side of a lot, parcel or tract abutting a street right -of -way 23 -14 Subchapter 23 Development Code Garage, Private or Public: A structure for the use of the owner or occupant of a principle structure for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature. Gas Stations: A facility that provides retail sales to the public of gasoline, motor oil, automobile lubricants, motor fuels, travel aids, and minor automobile accessories. Gated Communities: A subdivision or housing development with two or more dwellings with private streets controlled through the use of a vehicular or pedestrian gate. General Business: Commercial uses providing a wide range of retail goods and services to meet the needs of a large segment of the community. Geotextile: A synthetic permeable fabric, either woven or unwoven, that provides filtration, separation, and stabilization properties when applied to soil surfaces, and has the ability to reduces erosion and sedimentation due to rain or a storm event. Grade: A. The inclination or slope of a conduit, channel or natural ground surface, usually expressed in the percentage of units of vertical rise or fall per unit of horizontal distance; B. The elevation of the invert at the bottom of a conduit, canal, culvert, sewer, etc.; or C. The finished surface of a canal bed, roadbed, top of an embankment or bottom of excavation. Grade, Existing: The vertical elevation of the ground surface prior to excavation or filling; the surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a development regulated by this Chapter; or, the vertical elevation of a site which is currently developed and built upon. Grade, Ground Level: The average of the finished ground level at the center of all walls of the structure. In case a wall is parallel to and within five (5) feet of a sidewalk, the ground level shall be measured at the sidewalk. Grade, Natural: The existing grade or elevation of the ground surface that exists in its unaltered state. Grade, Percentage of. The rise or fall of a slope in feet and tenths of a foot for each 100 feet of horizontal difference. Grade Separation: The physical development of structures or intersections that separate motor vehicle from motor vehicles; motor vehicles, pedestrians, and bicyclists from trains and other transit; motor vehicles from pedestrians and bicyclists; as well as pedestrians from bicyclists. Grading: The mechanical or physical act of disturbing, moving, removing, transferring or redistributing soil. Gross Leasable Floor Space: The gross horizontal floor area of the one or more floors of a structure, excluding interior parking spaces. Residential floor space shall be exclusive of carport, basement, attic, patios and open porches. Same as Floor Area. Ground Cover: Low growing plants, vines, or grasses that form dense, extensive growth, and have a positive effect against soil erosion and soil moisture loss. Permeable natural landscape materials, such as mulch and rock, are also considered ground cover to the extent they are used in combination with live plant materials. Ground Coverage: The area of a lot occupied by all structures and parking expressed as a percentage of the gross area of the lot. Driveways are not included in the percent coverage but parking pads or areas, porches, decks, patios, pools, tennis courts, sheds, walkways and other accessory uses shall be included. Group Homes for Disabled Persons: A shared residential living arrangement which provides a family -type environment for 6 or more handicapped persons supervised by one or more primary caregivers and has obtained a license to operate under the Personal Care Facilities Licensing Act. Tex. Health & Safety Code X247.001 et.seq. A Group Home for Disabled Persons does not include Community Homes for Disabled Persons. 23 -15 Subchapter 23 ..... ............................... Development Code Group Home: A profit or nonprofit facility, home, or structure for the protective care of persons, both adult and adolescent, who need a watchful environment, but do not have an illness, injury, or disability which requires chronic or convalescent care, including medical and nursing services. Protective care and watchful oversight includes, but is not limited to, a daily awareness by management of the residents' whereabouts, the asking and reminding of residents of their appointments for medical checkups, the ability and readiness of management to intervene if a crisis arises for a resident, and supervision by management in areas of nutrition, medication, and actual provision of transient medical care, with a 24 -hour responsibility for the well-being of residents of the facility. Personal care facilities are exempt from the definition of a family and shall be classified in one of the following ways: A. Individual: One to three clients, plus manager. B. Family: Four to six clients, plus manager. C. Group: Seven to 15 clients, plus manager. D. Congregate: Sixteen or more clients, plus manager. Grubbing: The mechanical or physical act of removing stumps, underbrush, and rocks, prior to clearing and grading. Grubbing does not allow for any grade changes, only vegetation removal down to bare soil. A tree removal permit is required for all trees with a 3" or greater diameter, measured at 4.5 feet above natural grade. Guest Quarters: An attached or detached building that provides living quarters for guests, servants, or a related family member, which is considered an accessory use, and which is clearly subordinate and incidental to the principal residence on the same lot; and is not rented or leased. Habitat: The physical location or type of environment in which an organism or biological population lives or occurs. Handicap: A physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment, but such term does not include current, illegal use of or addition to a controlled substance as defined by Chapter 481 of the Texas Health & Safety Code. Hazardous Materials or Waste: A substance classified as a hazardous material under state or federal law or a chemical, petroleum product, gas, or other substance that if discharged or released, is likely to create an imminent danger to individuals, property or the environment. A hazardous material includes, but is not limited to any one of the following, as defined by 40 C.F.R 173, or, with respect to hazardous waste, listed as a substance subject to 40 C.F.R. 262: Radioactive material; Explosives, Class A; Explosives, Class B; Poison A; Poison B; Flammable gas; Nonflammable gas; Flammable liquid; Oxidizer; Flammable solid; Corrosive material; Combustible liquid; Etiologic agent; other regulated material (OR1V1); or, Hazardous waste. Heavy Manufacturing: Industrial operations for the production of a good using raw materials and mechanical power and machinery. Height: The vertical distance to the highest point of the roof for flat roofs; to the deck -Ene of mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the curb level if the building is not more than 10 feet from the front property line or from the grade in all other cases. Except as otherwise specified, the height of a structure other than a building is the vertical distance from the average grade at the base of the structure to the highest point of the structure. Hertz: Unit of frequency equal to one cycle per second. High School: A public', private or charter school established for grades 9 -12 or 10 -12 z Reference Note — Texas case law generally prohibits enforcement of zoning restrictions upon the location of any school operated by a governmental authority with the powers of eminent domain (e.g. Denton Independent School District.) 23 -16 Subchapter 23 Development Code Home Occupation: An occupation commonly carried on within a dwelling by members of the family occupying the dwelling. The use of the home as an occupation shall be incidental and subordinate to the use of the home as a dwelling. Homeowners Association: A homeowners association is an organization formed for the maintenance and operation of the common areas of the development. The membership in the association must be automatic with the purchase of a dwelling unit or other property in the planned development. The association's principal source of funds shall be an assessment levied against each dwelling unit or other property, which assessment shall be enforceable as a lien against the property. Horticulture: The cultivation of row crops, a garden, or an orchard for noncommercial purposes. Hospice: One main building, or portion, one zoning lot in which terminally ill persons live in order to receive appropriate Medicare - certified hospice services. Hospital: An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical, or surgical care and nursing service on a continuous basis; or a nursing home (see definition). Hotel: A facility offering transient lodging accommodations to the general public at a daily rate for a period of time not to exceed thirty (30) days, and providing additional services, such as restaurants, meeting rooms, and recreational facilities. Guest quarters are accessible through a main entrance and by hallways. Hotel /Motel, Extended Stay: A facility offering transient lodging rooms and /or suites to the general public, including lodging quarters for corporations and businesses, intended to be used, or which are used, rented, or hired out to be occupied or which are occupied for sleeping purposes for guests, may contain up to two bedrooms, contain kitchen facilities for food preparation including, but not limited to, refrigerators, stoves, and ovens, and which may also include living areas, and which are furnished to the public for periods of one week or more. Hydrograph: A graph showing stage, flow, velocity or other property of water versus time at a given point on a stream or conduit. Impact Fee: A fee levied by the City pursuant to Chapter 395 of TX Local Govt. Code, as a total or partial reimbursement for the total or partial cost of providing additional facilities or services needed as a result of new development. Impairment, Physical or Mental: A. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems; neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito- urinary; heroic and lymphatic; skin; and endocrine; or B. Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities. C. The term includes but is not limited to such diseases and conditions as orthopedic, visual, speech dementia, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addition (other than drug addition caused by illegal use of a controlled substance). Impervious: Any hard- surface, man -made area that does not readily absorb or retain water, including but not limited to building slabs, building roofs, swimming pools, parking and driveway areas, sidewalks, paved recreation areas, and other surfaces that do not generally absorb water and are not considered by the City to be pervious surfaces. Impervious Surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Imported fill: The mechanical or physical act of bringing soil in from offsite. When stockpiling imported fill, it shall occur on private property only. 23 -17 Subchapter 23 ..... ............................... Development Code Improvement (Public or Private). Any physical man -made addition which becomes part of, is placed upon, or is affixed to any real property, or any part of such addition, including but not limited to, any building, structure, bridge, work of art, parking facility, public facility, fence, gate, wall, streets and all related appurtenances, utilities, pedestrianways, bikeways, equestrian trails, landscaping or irrigation, whether involving the subdivision of land or not. Indoor Recreation: 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. Industrial, or Industrial Use: An activity related to the manufacture, warehousing, shipping, production or storage of products to be transported elsewhere for retail sale. Infill Development: Development on a vacant parcel or groupings of vacant lots within an existing block surrounded by existing development that is contiguous on at least two sides for corner lots and contiguous on at least three sides for interior lots (existing development located directly in front on the other side of the street may count as a side for interior lots only), no greater than two acres in size, and is served with all or most public services and facilities, including but not limited to water, wastewater and drainage. Infrastructure: The provision of systems that provide transportation, water, waste water, solid waste, storm water drainage, electrical and franchise facilities typically required to service development. Inlet: An opening into a storm drain system for the entrance of surface storm runoff. Inoperative Vehicle: Any motorized vehicle incapable of immediately being driven. Institution: An establishment that: A. Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and B. Provides minor treatment under the direction and supervision of a physician licensed by the Texas State Board of Medical Examiners, or other services that meet some need beyond the basic provision of food, shelter, and laundry; or C. A foster care residential facility that provides room and board to fewer than five persons who: 1. Are not related within the second degree of consanguinity or affinity, as determined under Chapter 573, Government Code, to the proprietor; and 2. Because of their physical or mental limitation, or both, require a level of care and services suitable to their needs that contributes to their health, comfort, and welfare. Institutional Use: A non -profit or quasi -public use, such as a religious institution, library, public or private school or hospital, or government -owned or government - operated structure or land used for public purpose. Installation: In reference to manufactured housing, means the construction of the foundation systems, whether temporary or permanent, and the placement and erection of a HUD -Code Manufactured Home or HUD -Code Manufactured Home components on the foundation system and includes supporting, blocking, leveling, securing, anchoring, and proper connection of multiple or expandable sections or components, and minor adjustments. Intermediate Care Facilities: A convalescent home or other recuperative facility for use by persons subsequent to hospital confinement, who are not yet ready to resume home life. Intermittent Stream: A stream that has flowing water during certain times of the year, when groundwater provides water for stream flow. Intermittent streams may not have flowing water during dry periods. Runoff from rainfall is a supplemental source of water for stream flow. Inverted Crown Section: A street cross section usually reserved for alleys in which the center of the street is lower than the edges so that drainage is carried down the center of the street. 23 -18 Subchapter 23 Development Code Irrigation, Underground: A permanent, artificial watering system designed to transport water and distribute water to plants. Junkyard: A business that stores, buys, or sells materials that have been discarded or sold at a nominal price by a previous owner and that keeps all or part of the materials outdoors until disposing of them. Kennels: Facility for the boarding (overnight) of domestic animals, usually limited to dogs and cats. Breeding and training of dogs and cats and the sale to the public of puppies and kittens is classified as a kennel activity. Land Disturbing Activity: Alteration of the land surface by: A. Any grading, scraping, excavating, dredging, transporting or filling of land; B. Any clearing of vegetation; C. Any construction, rebuilding, or alteration of a building, road, driveway, parking area, or other structure, not including routine maintenance such as painting, repair, or reconstruction of existing structures or surfaces; D. Any substantial activity or use which may result in soil erosion from water or wind and the movement of sediments into waters or lands protected by this Chapter; and, E. It shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, repairs, additions or minor modifications of an existing single family dwelling, and the cutting of firewood for personal use. Land Use Plan: The Land Use Element of The Denton Plan, as may be amended and including The Land Use Plan and Future Zoning Map. Landscape Area: See "Landscaping" Landscaping: A planted area containing trees, shrubs, and groundcovers providing a transition between structures on a site and the property line, adjacent structures, or street rights -of -way. Lane: A driving surface with a width as specified in the street design standards for that class of street. Laundry Facilities: A commercial laundering establishment which cleans clothing, carpeting, drapes, and other cloth or synthetic fiber materials using a chemical process. Such establishments may also include self - service laundering facilities. License: Written license issued by the City Council, permitting a person to operate and maintain a HUD -Code Manufactured Home Park under the provisions of this Chapter. Light Manufacturing: Industrial operations relying on the assembly of products using parts previously developed from raw material and not classified as a point source of objectionable pollutants. Limits of Construction: Delineation on a graphic exhibit, which shows the boundary of the area within which all construction activity will occur. Live -Work Units: Allows 25% of floor area to be used as work space, subject to home occupation limitations. Livestock: Facilities for the raising, breeding, or maintenance of domestic animals including, but not limited to cattle, horses, sheep, swine, goats, and poultry. This definition does not include feed lots or similar uses. Loading Space, Off - street: Space logically and conveniently located for bulk pickups and deliveries, and scaled to delivery vehicles expected to be used. Local Drainage System: Any drainage facility or system, which serves an area having a contributing drainage basin of less than one (1) square mile in area. Lot: A designated parcel, tract or area of land established by a plat or otherwise permitted by law to be used, developed or built upon as a unit. Lot Area: The total horizontal area within the lot lines of a lot, said area to be exclusive of street right -of -way. 23 -19 Subchapter 23 ..... ............................... Development Code Lot Corner: A lot abutting the intersection of two or more streets other than an alley. Lot Coverage: That portion of a lot used for building, parking, vehicular and pedestrian circulation, loading areas, and outside storage areas. Lot Depth: The horizontal distance from the midpoint of the rear of lot line to the midpoint of the front lot line. Lot, Double Frontage: A lot having frontage on two nonintersecting streets, as distinguished from a corner lot. Double frontage lots are prohibited. Lot, Flag: Any lot not having standard legal access to an City street, and which is provided with access by a driveway parallel to the lot line of a lot having standard access. Lot Frontage: That portion of a lot adjacent to a street. Lot Improvement: Any building, structure, work of art or other object or improvements of land on which they are situated, whether immediate or future, which includes but is not limited to streets, alleys, utilities, drainage modifications, and access modifications including curb cuts. Lot improvements include off -site work accomplished for the betterment of removed building lots. Lot, Interior: A lot other than a corner lot or a through lot. Lot Line: A boundary of a lot "Lot line" is synonymous with "property line." Lot Line, Front: The lot line separating the lot from the street other than an alley. In the case of a corner lot, there shall only be one street line considered the front lot line. The front lot line adjoins the public or private rights -of -way where the entrance/ address is located. Lot, Gross Area: An area under public or private property ownership, whose lot lines are described by plat or deed. Lot Line, Rear: A lot line which is opposite and most distant from the front lot line, and in the case of an irregular, triangular, or other shaped lot, a line ten (10) feet in length within the lot parallel to and at a maximum distance from the front lot line. Lot Line, Side: Any lot line not a front or rear lot line. Lot of Record: An individual lot or a lot which is a part of a subdivision, the map of which has been legally recorded in the office of the Denton County Clerk; or a parcel of land the deed of which has been recorded in the office of the Denton County Clerk. Lot, Reversed Corner: A corner lot, the side street line of which is substantially a continuation of the front line of the first lot to its rear. Lot, Through: An interior lot having frontage on two (2) parallel or approximately parallel streets other than alleys. Through lots are prohibited. Lot Width: The horizontal distance between the side lines, measured at right angles to the lot depth at a point midway between the front and rear lines. Major Event Entertainment: A structure or area with a capacity of greater than 1,000 seats for public performances and sporting events. Major event entertainment facilities include concert halls, stadiums, and arenas. Major Life Activity: Includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. Manufacture of Non - Odiferous Foods: Industrial operations for the manufacturing of non- odiferous foods. Manufactured Home: See "Dwelling, Manufactured Home." Manufactured Home Park or Park, HUD -Code : A parcel of land under single entity ownership which has been separately platted for the placement of HUD -Code Manufactured Homes, accessory uses and service facilities, meeting all requirements of this Chapter and any applicable deed restrictions and state laws. f►.TG?Q►O Subchapter 23 Development Code Manufactured Home Subdivision, HUD -Code: A tract of land that is subdivided and platted for individual ownership of HUD -Code manufactured homes. Master Plan: Policies and plans adopted by the City Council as a guide to the systematic physical development of the City. Master Planned Development: A development that comprehensively incorporates a combination of specific site design, site access, architectural, landscaping, buffering, screening and developments design standards. Mechanical Equipment: Equipment or devices installed for a use appurtenant to the primary use. Such equipment shall include heating and air conditioning equipment, solar collectors, parabolic antennas, disc antenna, radio or TV receiving or transmitting antennas, and any power generating devices. The following equipment or devices are exempt: A. Private, noncommercial radio and television antennas not exceeding a height of seventy (70) feet above grade or thirty (30) feet above an existing structure, whichever height is greater. No part of such antenna shall be within the yards required by this Chapter. A structure permit shall be required for any antenna mast, or tower over fifty (50) feet above grade or thirty (30) feet above an existing structure when the same is constructed on the roof of the structure. B. Parabolic antennas under three (3) feet in diameter. Medical Center: A walk -in facility for medical, obstetrical, or surgical care limited to day use only Middle School: A public', private or charter school established for grades 6 -8 or 6 -9. Minimum Structure Separation: A required open space between any two structures on the same lot which are used for nonresidential and multifamily residential purposes. Minor Plat: A subdivision resulting in four (4) or fewer lots, not requiring the creation of any new street or the extension of municipal facilities and not generating an average daily vehicular traffic (ADT) count of one thousand (1,000) or more vehicles. Mixed Use Development is defined as any single development that combines three or more mutually supporting land uses on a single parcel or site or within a general development plan, overlay district or cohesive zoning plan. Land uses may be mixed vertically (within the same physical structure), or horizontally connecting buildings (physical and functional integration of project components, including uninterrupted pedestrian connections) on the same lot and /or under unified control. Multifamily as a single use cannot exceed 40% of the acreage in an NRMU- 12 or NRMU zoning district, 50% of the acreage in an RCR -1 or RCR2 zoning district, or 30% of the acreage in an RCC -D or RCC -N zoning district. Motel: A structure or group of structures on the same lot containing individual guest units for rental to transients, with separate exterior entrances, and consisting of individual sleeping quarters, detached or in connected rows, with or without cooking facilities. Native Vegetation: Vegetation comprised of plant species, other than noxious weeds, that are indigenous to the Denton County and that reasonably could have been expected to naturally occur on the site. Natural Resources: Air, land, water, and indigenous plant and animal life of an area. Neighborhood: A sub area of the City of Denton in which the residents (or non - residential uses) share a common identity focused around a school, park, or community business center that are generally within walking distance of the homes or businesses, architecture, or other features with boundaries that may include highways, railroads or such natural features as rivers. The neighborhood character shall be deemed to be the prevailing character of structures within 300 feet in either direction along street frontages, irrespective of intervening streets. z Reference Note — Texas case law generally prohibits enforcement of zoning restrictions upon the location of any school operated by a governmental authority with the powers of eminent domain (e.g. Denton Independent School District.) 23 -21 Subchapter 23 ..... ............................... Development Code Nonconforming Use or Structure: Any structure or use of land lawful at the time of passage or amendment of this Chapter which does not conform, after the passage or amendment of this Chapter, with the regulations of the district in which it is located. Non - resident Lot: A lot on which there is no dwelling or business established. Nude Model Studio: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nudity or a State of Nudity: A. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts; or B. A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. Nursery School: See "Day Care, Nursery, Kindergarten ". Nursing Home: A home for the aged, chronically ill, or incurable persons who are unable to care for themselves and in which three or more person not of the immediate family are kept or provided with food and shelter of care for compensation; but not including hospitals, clinics, or other similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Occasional Sales: Occasional sales are the sale, or offering for sale, of tangible personal property to the public, upon the premises of an existing residential dwelling, by the owner or lessee of the residential dwelling. Such sales commonly include garage or yard sales. Octave Band: A portion of the audible sound spectrum. An octave band analyzer divides the audible sound spectrum into eight (8) octave bands. Odor Threshold: The concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person. Determination of the odor threshold is prescribed by A.S.T.M.D. 1931 -57, Standard Method for Measuring Odor in Atmosphere. Official Map: A map officially adopted by the governing body of City, Texas. Official Zoning Map: A map officially adopted by the City Council that illustrates the various zoning districts of the City of Denton, Texas. Off -site: Located outside the boundary of a development. One Hundred (100) Year Water Surface Elevation (100 -Yr W.S.E.): The water surface elevation established by hydrologic /hydraulic analysis of a stream, river, creek, or tributary, using the 100 -year fully developed watershed, based upon the 100 -year rainfall event. On -site: Located within the boundary of a development. Open Air Market: See "Farmer's Market." Open Space: Any parcel or area of land or water set aside, dedicated, designated, or reserved for public use or enjoyment of for the private use and enjoyment of owners and occupants of the land adjoining or neighboring such open space. Outdoor Recreation: Outdoor commercial uses which by their nature are recreational such as golf courses, outdoor swimming pools, tennis courts, and basketball courts. Outdoor Resale Business: A business that sells used merchandise, other than automobiles, logging equipment, or other agricultural equipment, and stores or displays the merchandise outdoors. Outside Display: The outdoor display of objects, items, products, or other merchandise for immediate sale, rental or special order. 23 -22 Subchapter 23 Development Code Outside Storage: The storage of objects, items, products or materials outside an enclosed building, and not intended for immediate sale. Overdoor: An ornamental painting, carving, or section of woodwork directly above a doorway. Owner: The owner of a tract of land as recorded in the Denton County Deed Records. An owner may include: a person, firm, corporation, partnership or agent, attorney -in -fact, manager or director, or developer. Such term as used in this Chapter always includes one (1) or more of the persons enumerated in this section who own all or any part of the land which is contemplated to be developed. Pad Site: A plot of land reserved for buildings located along any street frontage, usually a division of a larger development. Pad sites shall accommodate buildings 5,000 square feet of gross floor area or more. Park or Recreation, Public: The real property and improvements thereon owned, operated, or maintained by the City, university, or other public entity, which are designed or used for recreational purposes and are available to the general public. The recreational purposes includes, but is not limited to public swimming pools, golf courses, tennis courts, stadiums, and recreational centers. Park or Recreation, Private: A noncommercial, not for profit facility designed to serve the open space and recreation needs of the residents of a development. Parking Space: A rectangle not less than eighteen (18) feet long and nine (9) feet wide together with access and maneuvering space sufficient to permit a standard automobile to be parked within the rectangle without the necessity of moving other vehicles, said rectangle to be located off of the street right -of -way. Parking, Street; Off - Street, HUD -Code Manufactured Home Park: A parking space located within the boundary of a HUD -Code Manufactured Home space, or in common parking and storage area having unobstructed access to an internal street or access way, and as depicted on the site plan. Parking Tandem: Parking spaces that are arranged one behind another. Each parking space shall meet the dimension requirements of a full-size car on a one -way aisle. Tandem parking is allowed in drive- through lanes. Particulate Matter: Finely divided solid or liquid matter, other than water, which is released into the atmosphere. Paved: A paved surface shall be in accordance with City codes and Chapters relative to approved surfaces or as specified. Peak Particle Velocity: Unit of measurement that identifies, in inches per seconds, how fast the ground moves. Pedestrian Oriented District: All property within a Neighborhood Residential zoning district or Central Business District. Pedestrian Path: A graded, cleared way for individuals who travel on foot. When located along any improved street or parking area, these paths shall be adjacent to the curb at curb level. Pedestrian Way: A right -of -way for pedestrian traffic. Perennial Stream: A stream with flowing water year -round during a typical year. The water table is located above the stream bed for most of the year. Ground water is the primary source of water from stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Permitted Use: That use of a lot which is among the uses allowed as a matter of right, and subject to the restrictions of the zoning district. Person: An individual, firm, partnership, proprietorship, association, corporation, estate, receiver, syndicate, branch of government, social or fraternal organization, or any other group or combination acting as a legal entity, and including any trustee, assignee, or other representative. Pilot Channel: A concrete channel section used to convey normal low flows, fix the location of the flow line of a channel, minimize erosion and provide access for maintenance. Planning Staff. The staff of the City of Denton Planning and Development Department. 23 -23 Subchapter 23 ..... ............................... Development Code Planning and Zoning Commission /Commission: The City of Denton Planning and Zoning Commission, referred to as "Commission." Planting Area: An outdoor area, the surface of which shall not be covered by impervious surface materials or structures, and devoted entirely to the planting or maintenance or plant materials, except as otherwise allowed by this Chapter, such as walls, fences, plazas, landscape architectural features such as gazebos, pergolas, arbors, fountains, or sculpture. Landscape architectural features shall not include tennis courts, basketball courts or other pervious recreational facilities. Plants, Plant Material: Live plant material, including grasses, annuals, perennials, bulbs, groundcover, shrubs, and trees, are botanical plants that are nourished through the processes of air, water, and soil nutrients. Plastic, fibrous, silk, or other non -live materials, are not considered live plant materials. Plat or Final Plat: A map of a subdivision, addition or development to be recorded in the County Clerk Plat Records after approval by the Planning and Zoning Commission or the Development Review Committee. Pole Mounted Antenna: Any antenna which is preassembled off -site and designed to be moved from site to site. Preliminary Plat: A map showing the salient features of a proposed development as required by this Chapter submitted for the purpose of preliminary consideration prior to the submission of a Final Plat. Printing /Publishing: An establishment where printed material is produced, reproduced and /or copied by either a printing press, photographic reproduction techniques, or other similar techniques. This use does not include copy shops. Private Access Drive: A drive serving as the exclusive access for not more than two landlocked parcels of land, which is not owned or maintained by City. Private easements cannot be used to meet the right -of -way requirement. Private Club: A group of people associated with or formally organized for a common purpose, interest or pleasure, including organizations with facilities for the storage, sale, possession, or serving of any alcoholic beverage permitted by the law of the State of Texas and where none of such facilities are available except to a member or their guests. Private Street: A street which serves several lots over which the general public has no right of use as opposed to a driveway which is meant to serve one lot. Private Utility Provider: The owner of a wire network (i.e.. cable, electric, or telephone company) utilized in connecting the various cell sites to telephone switching offices, long distance providers or the public switched telephone network. Private Way: A private easement or ownership established by deed for vehicular access to property. Professional Services and Offices: Offices used for the conduct of business - related activities, excluding the sale of merchandise or storing of merchandise on the premises. Project. • A specific development on an identifiable parcel of land Project improvements. Site improvements and facilities that are planned and designed to provide for a particular development project and that are necessary for the use and convenience of the occupants or users of the project Project site. That portion of any lot, parcel, tract, or combination thereof that encompasses all phases of the total project proposal Protective Fencing: Temporary chain link fence, wire fence, orange vinyl construction fence, snow fencing or other similar fencing with a minimum four -foot (4') height. Public Improvement: Any street, alley, utility, drainage facility or other facility or improvement of land designed and intended to be dedicated, conveyed, or owned by the public. Public Street: A street which is owned or maintained by City. Public Utilities: For the purposes of tree preservation provisions of the Denton Development Code, the term Public Utilities means: 23 -24 Subchapter 23 Development Code i. entities franchised by the City to use public rights -of -way for the conduct of their business; ii. entities that are "public utilities" under pertinent provisions of the Texas Utilities Code or Texas Water Code but are specifically exempted by state law from the requirement that they receive a franchise from the City for the use of public rights -of -way; iii. public sanitary sewers; iv. public water mains; v. public streets; vi. public storm sewers; vii. public detention ponds; viii. municipally -owned electric utilities; and ix. any contractor hired by these entities. Qualified Professional: For the purposes of tree preservation provisions of the Denton Development Code, a qualified professional is a person with a minimum of a Bachelor of Science Degree in any of the following disciplines: Forestry, Horticulture, Botany and /or Plant / Soil Science or, an Arborist that has been certified by the International Society for Arboriculture, a Texas Certified Nursery Professional, a Texas Master Certified Nursery Professional certified by the Texas Nursery and Landscape Association or a Licensed Landscape Architect. Quick Vehicle Servicing: A business providing service to the motoring public. Such uses can include gasoline sales, light repair, tune -ups, oil changes, transmission or drive train repairs to automobiles or light trucks. No outside storage of any automobiles or materials such as tires, auto parts, etc., is allowable. The sale of motor vehicles shall be prohibited. Rear Yard: See "Yard, Rear." Recreational Vehicle: A motorized vehicle, designed or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively, having no foundation other than wheels or jacks. Recreational Vehicle Park: A parcel of land which is used solely for the rental or lease of lots for transient campers, trailers, motor homes, or temporary parking of any other recreational vehicle that is not a mobile home or HUD -code manufactured home. Recycling Business: A business that is primarily engaged in: A. Converting ferrous or nonferrous metals or other materials into raw material products having prepared grades and having an existing or potential economic value; B. Using raw material products of that kind in the production of new products; or C. Obtaining or storing ferrous or nonferrous metals or other materials for a purpose described by Paragraph A or B. Replat: A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use or any lot line or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. Residential District: A one - family, two- family, or multi- family zoning district, or any area within a planned development zoning district which is designated for residential use, as shown on the approved site plan for the district. Residential Use: A one - family, two- family, or multi- family dwelling, trailer camp, mobile home, or HUD -code manufactured home park or development. Restaurant: A structure that prepares and serves food to customers, including sit down, fast food, drive- through, and drive -in facilities. 23 -25 Subchapter 23 ..... ............................... Development Code Restaurant, Brewpub: A Restaurant use that also manufactures alcoholic beverages as an accessory use, primarily for onsite consumption and /or retail sales. Retail Sales and Service: A business established for the sale of goods or services to consumers, usually in small quantities (as opposed to wholesale) and does not include wholesale goods or services. Right -of -way: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another Specific Use. The usage of the term "right -of -way' for land platting purposes means that every right -of -way established and as shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right -of -way and not included within the dimensions or areas of such lots or parcels. Right -of -way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right -of -way is established. Riparian: An area adjacent to a river, stream or other natural course of water. Riparian Buffers: Areas identified as 100 feet from the stream centerline for streams draining a basin of greater than one square mile, and 50 feet from any streams that drain areas of one square mile or less. It also includes any areas identified as riparian through any Army Corps of Engineers Section 404 Permit Process. Root Pruning: Shall mean to cut away, remove, cut off or cut back all or parts of the root. All root pruning shall be in accordance with approved methods set forth in the National Arborist Association Standards. Sales of Products Grown On -site: Roadside stands or other temporary structures constructed for the sale of agricultural or horticultural products raised substantially on the premises. Salvage Yard: Any lot or parcel of land on which wastes or used secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials include but are not limited to: scrap iron and other ferrous metals, paper; rags, rubber tires, bottles, discarded goods, machinery, or two or more inoperable motor vehicles. Sanitary Landfills: A system of trash and garbage disposal in which the waste is buried between layers of earth. Satellite Earth Stations: Are considered to be accessory structures and are defined as a combination of: A. An antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; B. A low -noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; C. A coaxial cable whose purpose is to carry the signals into the interior of the structure; and, D. The station must be located to the side or rear of the structure unless a usable satellite signal cannot be obtained; in which case, the property owner may request a variance from the requirement through the board of adjustments. Ground - mounted stations shall be no more than ten feet above the maximum height requirement of the district in which they are located. Scrap Metal Processor: One who, from a fixed location, utilizes machinery and equipment for processing and manufacturing iron, steel or nonferrous metallic scrap into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap for sale for remelting purposes. Screening: A method of visually shielding or obscuring land -uses or structures via fencing, opaque buffer, or some other opaque physical barrier. Section 404 Permit: A permit required under federal Clean Water Act provisions. Self- Service Storage: A structure or portion used for dead storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals. Semi -Nude: A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices. 23 -26 Subchapter 23 Development Code Semi - Public Halls, Club or Lodge: A structure or facility owned or operated for special educational or recreational purposes, but not primarily for profit or to render a service that is customarily carried on for gain. Setback: The minimum distance between by which any building or structure must be separated from a street right - of -way or lot line. Sewer Connection, Manufactured Home: Connection consisting of pipes, fittings and appurtenances from the drain outlet of a HUD -Code Manufactured Home to the inlet of the corresponding sewer service riser pipe of the sewage system serving the HUD -Code Manufactured Home Park. Sewer Service Riser Pipe, Manufactured Home: That portion of sewer service which extends vertically to the ground elevation and terminates at a HUD -Code Manufactured Home space. Sexually Oriented Business: An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, or nude model studio. Shared Drive: A common driveway or access shared by adjoining properties. Shopping Center: A group of commercial establishments planned, developed, and managed as a unit, related in location, size and type of shops to the trade area that the unit serves, and providing on -site parking. Side Yard: See "Yard, Side." Site Plan Review: The comprehensive evaluation of a development and its impact on neighboring properties and the community as a whole, from the standpoint of: land use, site design, landscape design, environmentally sensitive areas protection, architecture, lighting, signs, clearing and grading, engineering design, health and safety, other adopted standards and criteria of this Chapter, all other adopted codes and ordinances of the City. Smoke: The visible discharge of particulate matter from a chimney, vent, exhaust or combustion process. Sorority: A local or national organization organized for the purpose of sharing social, cultural, scholarly, or religious interests, where involvement requires regular meetings and formal written membership requirements. Special Circumstances: With regard to utility extensions, only those areas where water or sewer is deemed necessary and the application of any general rule for extension shall cause a burden and cost considerably greater than what would be normally incurred due to the particular topography or unusual shape of the particular lot or tract involved. Special Events: A temporary outdoor use on private property that extends beyond the normal uses and standards allowed by the Denton Development Code. "Special events" include, but are not limited to, outdoor entertainment, educational and cultural events, art shows, sidewalk sales, haunted houses, carnivals, fairs, special auto sales, grand openings, festivals, home exhibitions, and church bazaars. Specific Use Permit: A use which is not automatically permitted by right, but which may be permitted within a zoning district subject to meeting specific conditions contained in this Chapter. Specified Anatomical Areas: Human genitals in a state of sexual arousal. Specified Sexual Activities: Includes any of the following: A. The fondling or other erotic touching of the human genitals, pubic region, buttocks, anus, or female breasts; B. Sex acts, normal or perverted, actual or stimulated, including intercourse, oral copulation, or sodomy; C. Excretory functions as part of or in connection with any of the activities set forth in A through B above. Spread Limits: The width of pavement covered by water flowing from a certain frequency (i.e.; one - hundred -year flood). 23 -27 Subchapter 23 ..... ............................... Development Code Standards Report: Consists of a narrative report, existing conditions map and background information describing the characteristics, components and timing of the proposed MPC District by development unit(s). The Standards Report includes a development unit matrix describing density, projected employment, intended FAR's, zoning districts and applicable development standards. The Standards Report also includes a matrix describing how the developer proposes to comply with the site design standards contained in Subchapter 13 of the Denton Development Code. It will describe for example, where the developer proposes to comply with the requirements to park behind or beside buildings and to identify alternatives where an alternative is proposed. Stockpiling: The holding on land of material or products such as, any soil, sand, gravel, clay, mud, debris, vegetation or any other material, organic or inorganic, in a concentrated state. Story: That portion of a structure included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between the floor and the ceiling above it; provided, that a room, suite, or story with more than one -half of its height below grade shall not be considered a story for the purposes of height regulations. Street: A public right -of -way for roadway, sidewalk, and utility installation including the terms "road ", "highway ", "land ", "place ", "avenue" "alley', or other similar designations. The entire width between the right -of -way lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic. Street Crown: The highest point of a street cross section, normally located at the centerline of the street. Stream Channelization: Manipulation of a stream channel to increase the rate of water flow through the stream channel. Manipulation may include deepening, widening, straightening, armoring, or other activities that change the stream cross - section, or other aspects of stream channel geometry, to increase the rate of water flow through the stream channel. A channelized stream remains a "waters of the U.S.," despite the modifications to increase the rate of water flow. Street, Cul -de -sac: A short dead -end street terminated by a vehicle turnaround. Street, Half. A portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street is provided in another subdivision. Street, Marginal Access: A minor street parallel and adjacent to a major arterial street providing access to abutting properties but protected from through traffic. Structure: An edifice of any kind or any piece of work artificially built up or composed of parts joined together which requires location on, in, or above the ground or which is attached to something having a location on, in or above the ground. Flatwork or in- ground swimming pools are excluded. Structure, Accessory: Any structure on the same lot with, and is incidental and subordinate to the principal structure. Flatwork, in- ground swimming pools and fences or walls used as fences are excluded. Structure, Height of. The vertical distance measured from the average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the gable(s) of a pitch or hip roof. Any height limitation of this Chapter shall not apply to church spires, belfries, cupolas and domes not intended for human habitation, monuments, water towers, silos, chimneys, flag poles, except as may be limited in the "A" Airport overlay zone. Structure Line: A line on a plat indicating the limit beyond which structures or structures may not be erected. Similar to Building Envelope. Structure, Principle: The structure in which the primary permitted use of the lot on which the structure is located and conducted. Structural Alteration: A change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams or girders, or the roof. Studio Apartment: See Dwelling Unit, Efficiency Subdivision: The division or redivision of land into two (2) or more lots, tracts, sites or parcels 23 -28 Subchapter 23 Development Code Tailwater: The water surface elevation directly downstream of a drainage facility. Temporary Storage Containers and Other Portable Storage Units: Temporary storage containers and other portable storage units used for the storage of items on a property (excluding use for storing equipment during multi- family dwelling and non - residential alterations and construction projects). Temporary Structure: A structure without any foundation or footings which is attached to the ground or other structure in some nonpermanent fashion. Temporary structures shall require a permit from the building inspection department and shall be removed from the site when the designated time period, activity, or use for which the temporary structure was established has ceased, but not exceeding six months in duration unless an extension is obtained from the building inspection department upon just cause. Temporary uses: Temporary uses are defined as those activities permitted and described in Section 35.12.9. Theaters: A structure or area for the presentation of plays, motion pictures, concerts, etc. Thoroughfare Plan: The thoroughfare component of the Mobility Plan, the official map depicting the City's existing and future street system and roadway network, together with explanatory text. Time of Concentration; The estimated time (in minutes) required for stormwater runoff to flow from the most hydraulically remote section of the drainage area to a specific design point. TNRCC: The Texas Natural Resources Conservation Commission. Topography: The physical land surface relief describing the terrain elevation, position of land features and slope. Topography includes land forms, water and other drainage features, and features such as gravel pits. A single feature such as a hillside or valley is called a topographic feature. Townhouse: See "Dwelling, Single - Family Attached." Toxic and Noxious Matter: Any solid, liquid or gaseous matter which is present in sufficient quantities to endanger health, safety and comfort of persons in the vicinity or which may cause injury or damage to property. Traffic Impact Analysis: A study performed by a registered traffic engineer analyzing the impacts of the expected traffic generated by a development on the existing an proposed road system including recommendations for mitigating such traffic. Trailer: A non - motorized vehicle, pulled by an automobile or truck designed or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively. Transfer Station: A temporary storage facility for the consolidation and eventual transfer of solid waste to a landfill. Tree, Healthy: A healthy tree is a tree that is vigorously growing and is free of structural problems such as hollows or voids, free of disease, or insect problems and has a root system that is large enough to support its above ground mass. Tree Protection, Permanent: Structural measures, such as retaining walls /wells or aeration devices, that are designed to protect the tree and its root systems throughout its lifetime. Tree Protection Sign: A sign furnished by the City upon approval of a tree survey or tree permit that describes prohibited conduct detrimental to trees. Tree Removal: An act that causes or may be reasonably expected to cause a tree to die including uprooting, severing the main trunk, damaging the root system and excessive pruning. Tree Protection, Temporary: Physical barriers installed prior to any clearing and grading activity and construction for the purpose of preventing damage to existing trees and understory vegetation and set outside of the root zone of such vegetation for the life of the developments construction. Tree Stand: Contiguous trees whose canopies are generally clustered together. 23 -29 Subchapter 23 ..... ............................... Development Code Tree Topping: The severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree that removal of the top canopy disfigures and invites probable disease or death to the tree. Tree topping is prohibited. TSC: The Traffic Safety Commission. Ultimate Developed Condition: A fully developed area based on current approved land use plans or "C" factor of 0.6 for remaining undeveloped land in a watershed. Unbuildable Area: All areas outside of building envelopes and within open space. Underbrush: Underbrush may include plant specie with stems of less than 1 inch DBH that are noxious, non- native, or invasive weeds or specie that are categorized as perennials, vines, shrubs, or that bear thorns or are briars, or that are poisonous through contact with the skin, or any plant on the non - protected plant specie list. Understory: A grouping of native, noninvasive low -level woody, herbaceous, or ground covers species with stems less than 1 inch dbh. Undeveloped Floodplains: Areas within the FEMA 100 -year floodplain, or other floodplain that is undeveloped and in its natural state. Upland Habitat: Areas, a minimum of ten acres is size, that contain remnants of the eastern Cross Timbers Habitat. U.S. Army Corps: United States Army Corps of Engineers. Use: The purpose or purposes for which land or a structure is designed, arranged, or intended, or to which such land or structure is occupied, maintained, or leased. Vegetation: All plant life; however, for the purposes of this Chapter shall be restricted to mean trees, shrubs, ground cover, annuals, perennials, bulbs, grasses, vines, and aquatic plants, with the exception of State and Federally protected and endangered vegetative specie which in all cases shall be preserved. Veterinary Clinic: Facility for the temporary boarding and treatment of domestic animals, operated under the supervision of a licensed veterinarian. Vehicle Repair: A business providing vehicle repair and or bodywork to the motoring public. Vibration: A periodic displacement of the earth measured in inches. Vision Clearance Area: A triangular area on a lot at the intersection of two (2) streets or a street and a railroad, two (2) sides of which are lot lines measured from the corner intersection of the lot lines for a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines or intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. Warehouse, Retail: A Distribution Center /Warehouse exceeding 25,000 square feet of gross floor area, and devoting up to thirty percent (30 %) of the gross floor area for display and retail sale or merchandise. Water Related Habitats: Areas designated for wetland, tree and understory preservation and including significant stands of predominately native water related habitat These areas include wetlands. Waterbody: Area that in a normal year has water flowing or standing above ground to the extent that evidence of an ordinary high water mark is established. Wetlands contiguous to the waterbody are considered part of the waterbody. Watershed: The land area(s) that contribute surface runoff or drainage to a water system or body. Wetlands: Jurisdictional wetlands as defined by the Federal Clean Water Act and the standards and guidelines in use by the United States Army Corps of Engineer, including the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. Those areas that are inundated or saturated by surface or ground water (hydrology) at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of 23 -30 Subchapter 23 Development Code vegetation, and are (hydrophytes) typically adapted for life in saturated soil conditions (hydric soils). Wetlands generally include swamps, marshes, bogs, and similar areas. Wholesale Nurseries: An area where plants are grown for transplanting, for use as stocks for budding and grafting, or for sale in large quantities for resale purposes. The business may have up to 50% retail sales in conjunction with the wholesale sales. Wholesale Sales: A business engaged in the sale of commodities in large quantities for resale purposes. Window: An opening in the wall of a building or structure for admitting light and fitted with a frame containing panes of glass. Window, False: A device in the wall of a building or structure fitted with a frame containing panes of glass so as to resemble a window, but not admitting light. Wrecker Services and Impound Lots: A business that provides wrecker or towing service to vehicles that are stored at a state licensed vehicle storage facility. A licensed vehicle storage facility is a garage, parking lot, or other facility owned or operated by a person other than a governmental entity for storing or parking 10 or more vehicles per year. Yard: A required open space located on the same lot as the principal structure, unoccupied and unobstructed except for accessory uses and landscaping. Yard, Front: A yard extended across the full width of and situated between the front lot line and the principal structure extending to the side lot lines. In the case of a corner lot, the front yard adjoins the public or private rights -of -way where the entrance/ address is located. Yard, Rear: A yard extended across the full width of and situated between the rear lot line and the principal structure extending to the side lot lines. In the case of a corner lot, the rear yard shall not extend past the corner side yard. Yard, Side: A yard extended across the full width of and situated between the side lot line and the principal structure extending from the front yard to the rear yard. In the case of a corner lot, the corner side yard shall extend from the front yard to the rear lot line. 23 -31 Subchapter 23 ..... ............................... Development Code v C a 0 a ro v, b INTERIOR LOT Rear Lot Line Accessory Structure (Garage) Re at Yard Principle Structure CORNER LOT Accessory y Structure (Garage) a 0 b Rear Yard -- ----- ------- � ca v v b �a ------- ------- Principle Structure Front Yard I Front Yard Front Lot Line Front Lot Line Street r~ v u� �n Zero lot line dwellings: Zero lot line dwellings are detached single - family dwellings that have a side yard setback of zero feet on one side. (Amended Ord. No. 2004 -009, 01/06/2004) (Amended Ord. No. 2004-332,10/19/2004) (Amended Ord. No. 2005-100,03/22/2005) (Amended Ord. No. 2005-224,08/16/2005) (Amended Ord. No. 2005-244,09/06/2005) (Amended Ord. No. 2006 -201, 07/18/2006) (Amended Ord. No. 2006 -221, 08/01/2006) (Amended Ord. No. 2006-303,10/17/2006) (Amended Ord. No. 2006-349,12/12/2006) (Amended Ord. No. 2007 -095, 05/01/2007) (Amended Ord. No. 2007 -096, 05/01/2007) (Amended Ord. No. 2007-249,10/16/2007) (Amended Ord. No. 2008 -158, 07/15/2008) (Amended Ord. No. 2008-318,12/09/2008) (Amended Ord. No. 2008-320,12/09/2008) (Amended Ord. No. 2009 -082, 04/07/2009) (Amended Ord. No. 2009 -083, 04/07/2009) (Amended Ord. No. 2009 -101, 04/21/2009) (Amended Ord. No. 2009-115,05/05/2009) (Amended Ord. No. 2009-116,05/05/2009) (Amended Ord. No. 2010 -181, 07/21/2010) (Amended Ord. No. 2011 -089, 05/17/2011) (Amended Ord. No. 2011 -125, 08/02/2011) (Amended Ord. No. 2012-155,07/17/2012) 23 -32 (Amended Ord. No. 2013 -197, 08/06/2013) (Amended Ord. No. 2015 -010, 01/6/2015) Subchapter 23 Development Code 23 -33 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING "PERMITTED USES" IN SUBCHAPTER 35.5 OF THE DENTON DEVELOPMENT CODE TO ADD "CRAFT ALCOHOL PRODUCTION" TO THE USE TABLES WITH A LIMITATION AND TO AMEND SUBCHAPTER 23.2 "DEFINITIONS AND TERMS" TO DEFINE THE USE OF "CRAFT ALCOHOL PRODUCTION" AND ALLOW FOR THE DEFINITION OF "RESTAURANT, BREWPUB "; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2002 -040, the City Council of the City of Denton, Texas adopted the Denton Development Code (the "DDC ") which includes Subchapter 5, Zoning Districts and Limitations (the "Zoning Ordinance "); and WHEREAS, the City desires to amend the Zoning Ordinance to add a zoning use designation and classification of "Craft Alcohol Production" in order to encourage its use in designated commercial areas; and WHEREAS, the City desires to amend Subchapter 23 of the DDC to add the new definition of the use "Craft Alcohol Production," and the further distinguishing definition of "Restaurant, Brewpub "; and WHEREAS, after notice published, a public hearing was held before the Planning and Zoning Commission in accordance with State Law on July 8, 2015, whereby the Planning and Zoning Commission recommended approval of amendments to the DDC, Subchapters 5 and 23; and WHEREAS, after notice published, a public hearing was held before the City Council in accordance with State law and the City Council hereby finds that the subject changes to the Denton Development Code are consistent with the Denton Plan, and federal, state, and local law and are in the best interests of the citizens of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. Zoning Use. The use charts and limitations in Subchapter 5 of the DDCare hereby amended as underlined in Exhibit A, which is attached to this ordinance and incorporated by reference as if set forth at length herein, to add the use of "Craft Alcohol Production" with an L(12) designation. The L(12) limitation requires on- premise consumption or retail sales and shall limit the use to no more than 10,000 square feet of gross floor area for production, bottling, packaging, storing, and other manufacturing related activities, and additional square footage shall require a Specific Use Permit. SECTION 3. Amendment of Definitions. The Definitions and Terms in Subchapter 23 of the DDC are hereby amended to include the following new definitions: Craft Alcohol Production: A business that primarily manufactures alcoholic beverages for wholesale distribution, but may also include onsite consumption and /or retail sales. Restaurant, Brewpub: A Restaurant use that also manufactures alcoholic beverages as an accessory use, primarily for onsite consumption and /or retail sales. SECTION 3. 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 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 other provisions or applications, and to this end the provisions of this ordinance are severable. 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 , 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: W - LL&A N Exhibit A Subchapter 5 ................................................................................................................................ ............................... I... .................. . Subchapter 5 — Zoning Districts and Limitations 35.5.1 Rural Districts Sections: 35.5.1.1 Purpose. 35.5.1.2 Permitted Uses, 35.5.1.3 General Regulations. Subchapter 5 ..... ............................... Development Code 35.5.1.1 Purpose. The purpose of a Rural District is to maintain an area of rural use within the City of Denton. Application of this district will ensure that the farming, forest, environmental and scenic values of these areas are protected from incompatible development that may result in a degradation of their values. Land Use categories within a Rural District include: RD -5 Rural Residential RC Rural Commercial 35.5.1.2 Permitted Uses. The following uses and their accessory uses are permitted as contained in the use table below: Residential Land Use Categories Agriculture RD-5 P RC P Livestock L(7) L(7) Single Family Dwellings P P Accessory Dwelling Units P P Attached Single Family Dwellings N N Dwellings Above Businesses N P Live/Work Units P P Duplexes N N Community Homes For the Disabled P P Group Homes SUP SUP Multi - Family Dwellings N SUP Fraternity or Sorority House N N Dormitory N N Manufactured Housing Developments P P P= Permitted, N =not permitted, SUP= Specific Use Permit Required, Limited as defined in Section 35.5.8 5 -1 Subchapter 5 ... ............................... Development Code Categories Commercial Land Use Home Occupation P P Sale of Products Grown on Site P P Hotels N N Motels N N Bed and Breakfast L(10) P Retail Sales and Service N N Movie Theaters N N Restaurant N L(11) Private Club N L(11) Bar N L(11) Drive - through Facility N N Professional Services and Offices N L(15) Quick Vehicle Servicing N N Vehicle Repair N P Auto and RV Sales N N Laundry Facilities N N Equestrian Facilities P P Outdoor Recreation P P Indoor Recreation N N Conference /Convention Centers N N Major Event Entertainment N SUP Commercial Parking Lots N N Administrative or Research Facilities SUP L(15) Broadcasting of Production Studio SUP P Sexually Oriented Business N SUP/ L(32) Temporary Uses L(38) L(38) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -2 Categories Industrial Land Use Printing / Publishing R• N N Bakeries N L(21) Craft Alcohol Production N SUP Manufacture of Non - odoriferous Foods N N Feed Lots SUP N Food Processing N N Light Manufacturing N SUP / L(24) Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries P P Distribution Center/Warehouse, General N N Warehouse, Retail N N Self- service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots N N Kennels L(14) L(14) Veterinary Clinics P P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N Gas Wells L(27) L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 5 ..... ............................... Development Code 5 -3 Subchapter 5 .... ............................... Development Code Categories Institutional Land Use Basic Utilities •D P P Community Service N P Parks and Open Space P P Churches P P Semi - public, Halls, Clubs, and Lodges N P Business / Trade School N N Adult or Child Day Care P P Kindergarten, Elementary School P P Middle School N N High School N N Colleges N N Hospital N N Elderly Housing N N Medical Centers N N Cemeteries N N Mortuaries N N WECS (Free- standing Monopole Support Structure) L(41) L(41) WECS (Building- mounted) L(42) L(42) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -4 Subchapter 5 ................................................................. ............................... Development Code 35.5.1.3 General Regulations. General regulations within the Rural District are as follows: Subdivision of less than 10 acres, and all lots that are adjacent to the perimeter of a subdivision: General Regulations 'D Minimum lot area 5 acres 2 acres Minimum lot width 200 feet 100 feet Minimum lot depth 250 feet 200 feet Minimum front yard 50 feet 50 feet Minimum side yard 10 feet 10 feet Minimum side yard adjacent to street 50 feet 50 feet uses 10 feet, plus 1 foot for each foot of Minimum rear yard building height over 20 feet The following limits apply to subdivision of more than 10 acres in lieu of minimum lot size and dimension requirements: General Regulations •D Maximum density, dwelling units per acre 0.2 0.5 Minimum building separation 30 feet 30 feet The following limits apply to all buildings: General Regulations 'D Maximum lot coverage except for 15% 35% agricultural buildings Minimum landscaped area 75% 65% Maximum building height 65 feet 65 feet Maximum WECS height 75 feet 75 feet Maximum FAR except for single - family None 0.25 uses 10 feet, plus 1 Minimum yard when a use other than None foot for each single family abuts a residential zone foot of building height 5 -5 Subchapter 5 ----------------------------------------- Development Code 5-6 Subchapter 5 ....................................................................................................................................................................................................... ............................... . Development Code 35.5.2 Neighborhood Residential Sections: 35.5.2.1 Purpose. 35.5 2.2 Permitted Uses. 35.5.2.3 General Regulations. 35.5.2.1 Purpose. The purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. Land Use categories within the Neighborhood Residential areas include: NR -1 Neighborhood Residential 1 NR -2 Neighborhood Residential 2 NR -3 Neighborhood Residential 3 NR -4 Neighborhood Residential 4 NR -6 Neighborhood Residential 6 NR IU -12 Neighborhood Residential Mixed Use 12 NRAIU Neighborhood Residential \fixed Use 35.5.2.2 Permitted Uses. The following uses and their accessory uses are permitted within the Neighborhood Residential districts: Residential Agriculture P P P P P P P Livestock L(7) L(7) L(7) L(7) L(7) L(7) L(7) Single Family Dwellings P P P P P P N Accessory Dwelling Units SUP L(1) SUP L(1) SUP L(1) SUP L(1) SUP L(1) L(1) N Attached Single Family Dwellings N N SUP SUP P P L(40) Dwellings Above Businesses N N N N N P P Live/Work Units N N N N L(16) P P Duplexes N N N L(3) P P N Community Homes For the Disabled P P P P P P P Group Homes N N N N N SUP SUP Multi- Family Dwellings N N N N N L(4) SUP L(4) Fraternity or Sorority House N N N N N SUP SUP Dormitory N N N N N SUP SUP Manufactured Housing Developments N SUP N N SUP N N P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -7 Subchapter 5 .... ............................... Development Code Commercial Land Use Categories NR_3 Home Occupation P P P NRMU- NR-4 12 NRMU P P P P Sale of Products Grown on Site N N N N N N N Hotels N N N N N N P Motels N N N N N N N Bed and Breakfast N N N N N L(10) P Retail Sales and Service N N N N N L(15) L(17) Movie Theaters N N N N N N N Restaurant N N N N N N L(11) Private Club N N N N N N L(11) Bar N N N N N N L(11) Drive - through Facility N N N N N N SUP Professional Services and Offices N N N N N L(14) L(17) Quick Vehicle Servicing N N N N N N SUP Vehicle Repair N N N N N N N Auto and RV Sales N N N N N N N Laundry Facilities N N N N N P P Equestrian Facilities SUP SUP N N N N N Outdoor Recreation P P P P P SUP SUP Indoor Recreation N N N N N N N Conference /Convention Centers N N N N N N N Major Event Entertainment N N N N N N N Commercial Parking Lots N N N N N N N Administrative or Research Facilities N N N N N N L(14) Broadcasting of Production Studio N N N N N N L(14) Sexually Oriented Business N N N N N N N Temporary Uses L(38) L(38) L(38) L(38) L(38) L(38) L(38) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -8 Subchapter 5 ..... ............................... Development Code Industrial Land Use Categories NRA NR-2 Printing / Publishing N N NR-3 NR-4 N N NR-6 N N N Bakeries N N N N N N L(21) Craft Alcohol Production N N N N N N SUP Manufacture of Non - odoriferous Foods N N N N N N N Feed Lots N N N N N N N Food Processing N N N N N N N Light Manufacturing N N N N N N N Heavy Manufacturing N N N N N N N Wholesale Sales N N N N N N N Wholesale Nurseries N N N N N N N Distribution Center/Warehouse, General N N N N N N N Warehouse, Retail N N N N N N N Self- service Storage N N N N N N N Construction Materials Sales N N N N N N N Junk Yards and Auto Wrecking N N N N N N N Wrecker Services and Impound Lots N N N N N N N Kennels L(37) L(37) N N N N N Veterinary Clinics L(14) L(14) N N N N P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N N N N N N Gas Wells L(27) L(27) SUP L(27) SUP L(27) SUP L(27) SUP L(27) SUP L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -9 Subchapter 5 .... ............................... Development Code g. Basic Utilities L(25) L(25) L(25) NRIVIU- L(25) L(25) L(25) L(25) Community Service N N N N N P P Parks and Open Space P P P P P P P Churches P P P P P P P Semi - public, Halls, Clubs, and Lodges SUP SUP SUP SUP SUP L(15) P Business / Trade School N N N N N N L(14) Adult or Child Day Care SUP SUP SUP SUP SUP P P Kindergarten, Elementary School SUP SUP SUP SUP SUP P P Middle School N N N N N P P High School N N N N N N SUP Colleges N N N N N N N Hospital N N N N N N N Elderly Housing N N N N SUP L(13) P Medical Centers N N N N N N P Cemeteries N N N N N N N Mortuaries N N N N N N N WECS (Free- standing Monopole Support Structure) L(41) SUP SUP SUP SUP SUP SUP WECS (Building- mounted) L(42) SUP SUP SUP SUP SUP SUP P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -10 Subchapter 5 ..... ............................... Development Code 35.5.2.3 General Regulations. General regulations of the Residential Neighborhood land use zone are contained in the table below: The following limits apply to subdivision of 2 acres or less: General Regulations Minimum lot area (square feet) NR-I 32,000 NR-2 16,000 NR-3 NR-4 10,000 7,000 NR-6 NRMU- 6,000 3,500 2,500 Minimum lot width 80 feet 80 feet 60 feet 50 feet 50 feet 30 feet 20 feet Minimum lot depth 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 50 feet Minimum front yard setback 20 feet 20 feet 15 feet L(2) 20 feet L(2) 10 feet 10 feet None Minimum side yard 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet None Minimum rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet None The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: The following limits apply to all buildings: General Regulations NRA NR-2 NR-3 NR-4 NR-6 NRMU- NRMU Maximum lot coverage 30% 30% 50% 60% 60% 60% 80% Minimum landscaped area 70% 70% 55% 40% 4 %% 40% 20% Maximum building height 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet 65 feet Maximum WECS height 55 feet 55 feet 55 feet 55 feet 55 feet 55 feet 75 feet 10 feet 10 feet 10 feet 10 feet 10 feet 15 feet 20 feet plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for foot for foot for foot for each each each each each each each Minimum yard when abutting a single- foot of foot of foot of foot of foot of foot of foot of family use or district building building building building building building building height height height height height height height above above above above above above above 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet 5 -11 Subchapter 5 ............................................................................................................................................................................... ............................... - ....................... . Development Code 35.5.2.4 Mixed Use Residential Protection Overlay: Where necessary to address the concerns of owners of existing adjacent residential uses that a proposed non - residential or multi - family mixed use allowed by this Subchapter is incompatible, the applicant may consent to the imposition of increased setback, landscaping, screening or buffer requirements along the borders of such existing residential uses, or to the imposition of additional use or performance -based restrictions upon the proposed use. Such additional modifications or restrictions shall, upon approval, amend the underlying zoning classification and use designation to add these supplemental requirements. The Mixed Use Residential Protection Overlay may be established through the Zoning Amendment Procedure, either as a separate zoning case, or in conjunction with an amendment of the underlying mixed use zoning classification. 5 -12 Subchapter 5 ................................................................................................. ............................... I ..... Development Code 35.5.3 Downtown University Core Sections: 35.5.3.1 Purpose. 35.5.3.2 Permitted Uses. 35.5.3.3 General Regulations. 35.5.3.1 Purpose. The purpose of the Downtown University Core District is to encourage mixed use developments within specified commercial areas of the district. This district is a pedestrian friendly district. Land Use categories within this district include: DR -1 Downtown Residential 1 DR -2 Downtown Residential 2 DC -N Downtown Commercial Neighborhood DC -G Downtown Commercial General 35.5.3.2 Permitted Uses. The following uses are permitted within the Downtown University Core District: Residential g. Agriculture DR-2 P P P P Livestock L(7) L(7) L(7) L(7) Single Family Dwellings P P N N Accessory Dwelling Units P P N N Attached Single Family Dwellings N P P P Dwellings Above Businesses N P P P Live/Work Units P P P P Duplexes P P P N Community Homes For the Disabled P P P P Group Homes N N N SUP Multi- Family Dwellings N L(5) L(5) L(5) Fraternity or Sorority House SUP P P P Dormitory SUP P P P Manufactured Housing Developments N N N N P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -13 Subchapter 5 .... ............................... Development Code Commercial Land Use Categories Home Occupation DR-1 DC-N DC-G P P P P Sale of Products Grown on Site N N N N Hotels N N N P Motels N N N N Bed and Breakfast L(8) L(9) P P Retail Sales and Service N L(15) L(17) P Movie Theaters N N SUP SUP Restaurant N N L(11) P Private Club N N L(11) P Bar N N L(11) P Drive - through Facility N N N SUP Professional Services and Offices N L(15) L(17) P Quick Vehicle Servicing N N N SUP Vehicle Repair N N N SUP Auto and RV Sales N N N L(20) Laundry Facilities N P P P Equestrian Facilities N N N N Outdoor Recreation N N N N Indoor Recreation N N N P Conference /Convention Centers N N SUP P Major Event Entertainment N N N SUP Commercial Parking Lots N N L(28) L(28) Administrative or Research Facilities N SUP L(14) P Broadcasting of Production Studio N SUP P P Sexually Oriented Business N N N N Temporary Uses L(38) L(38) L(38) L(38) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -14 Subchapter 5 ..................................................................................... ............................... Development Code Industrial Land Use Categories Printing / Publishing DR-1 N N DC-N DC-G N P Bakeries N N L(21) P Craft Alcohol Production N N SUP L(12) Manufacture of Non - odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N N Heavy Manufacturing N N N N Wholesale Sales N N N SUP/ L(36) Wholesale Nurseries N N N SUP/ L(36) Distribution Center/Warehouse, General N N N N Warehouse, Retail N N N N Self- service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Wrecker Services and Impound Lots N N N N Kennels N N N N Veterinary Clinics N SUP L(26) P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N N N Gas Wells SUP L(27) SUP L(27) SUP L(27) SUP L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -15 Subchapter 5 ........... ............................I--, ........................ Development Code Categories Institutional Land Use Basic Utilities •- DR-2 • SUP SUP SUP • SUP Community Service N N P P Parks and Open Space P P P P Churches P P P P Semi - public, Halls, Clubs, and Lodges P P P P Business / Trade School N N L(26) P Adult or Child Day Care P P P P Kindergarten, Elementary School P P P N Middle School N P P N High School N N N N Colleges N N SUP P Hospital N N P P Elderly Housing N N L(13) P Medical Centers N SUP P P Cemeteries N N N N Mortuaries N N P P WECS (Free- standing Monopole Support Structure) SUP SUP SUP SUP WECS (Building- mounted) SUP SUP SUP SUP P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) _ Limited as defined in Section 35.5.8 5 -16 Subchapter 5 ............................................................................. ............................... Development Code 35.5.3.3 General Regulations. General regulations of the Downtown University Core District are as follows: Regulations General r- r r r Minimum lot area (square feet) 4,000 4,000 2,500 None Minimum lot width 50 feet 40 feet 20 feet None Minimum lot depth 80 feet 80 feet 50 feet None Minimum front yard setback 10 feet 10 feet None None Minimum side yard 6 feet 6 feet None None Minimum side yard adjacent to a street 10 feet 10 feet None None Minimum rear yard 10 feet 10 feet None None 10 feet 10 feet 15 feet 20 feet plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for each each each each Minimum yard abutting a single family foot of foot of foot of foot of use or district building building building building height height height height over 30 over 30 over 30 over 30 feet feet feet feet Minimum residential unit size 700 SF 500 SF 500 SF 500 SF Maximum FAR 0.50 0.75 1.5 3.0 Maximum density, dwelling units per acre 8 30 72 150 Maximum lot coverage 60% 75% 80% 85% Minimum landscaped area 40% 25% 20% 15% 100 feet/ 100 feet/ Maximum building height 40 feet 45 feet L(33) L(33) Maximum WECS height 55 feet 55 feet 110 feet/ L(33) 110 feet/ L(33) 5 -17 Subchapter 5 .............................................................................. ............................... Development Code 5 -18 Subchapter 5 ........................................... ............................... I .......... Development Code 35.5.4 Community Nfixed Use Centers. Sections: 35.5.4.1 Purpose. 35.5.4.2 Permitted Uses. 35.5.4.3 General Regulations. 35.5.4.1 Purpose. The purpose of the Community Mixed Use Centers is to provide the necessary shopping, services, recreation, employment and institutional facilities that are required and supported by the surrounding community. Land Use categories within the Conununity Nfixed Use Centers include: CNI -G Community'\fixed Use General CDI -E Community Mixed Use Employment 35.5.4.2 Permitted Uses. The following uses are permitted within Community Nfixed Use Centers: Residential Land Use Categories M_ Agriculture P P Livestock L(7) L(7) Single Family Dwellings N N Accessory Dwelling Units N N Attached Single Family Dwellings N N Dwellings Above Businesses P N Live/Work Units P N Duplexes N N Community Homes For the Disabled P P Group Homes N N Multi- Family Dwellings L(6) &L(4) L(6) &L(4) Fraternity or Sorority House N N Dormitory N N Manufactured Housing Developments N N P= Permitted, N =not permitted, SUP= Specific Use Pernut Required, L(X) = Limited as defined in Section 35.5.8 5 -19 Subchapter 5 ............................................................... ............................... Development Code Categories Commercial Land Use Home Occupation N N Sale of Products Grown on Site N N Hotels P P Motels P P Bed and Breakfast P N Retail Sales and Service P L(14) Movie Theaters SUP N Restaurant P L(14) Private Club P L(14) Bar P L(14) Drive - through Facility P P Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Laundry Facilities P P Equestrian Facilities N N Outdoor Recreation P N Indoor Recreation P P Conference /Convention Centers P P Major Event Entertainment SUP N Commercial Parking Lots P P Administrative or Research Facilities P P Broadcasting of Production Studio P P Sexually Oriented Business N N Temporary Uses L(38) L(38) P= Permitted, N =not permitted, SUP = Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -20 Subchapter 5 ................................. ............................... Development Code Categories Industrial Land Use Printing / Publishing P L(25) Bakeries P L(25) Craft Alcohol Production L(12) L(12) Manufacture of Non - odoriferous Foods N L(25) Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center/Warehouse, General N N Warehouse, Retail N N Self- service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots N N Kennels N N Veterinary Clinics P P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N Gas Wells SUP L(27) SUP L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(,i) = Limited as defined in Section 35.5.8 5 -21 Subchapter 5 ................................................................................................................................................................................ ............................... I ....................... . Development Code Institutional Land Use Categories CM-G Basic Utilities SUP CIVI-E SUP Community Service P P Parks and Open Space P P Churches P P Semi - public, Halls, Clubs, and Lodges P P Business / Trade School P P Adult or Child Day Care P N Kindergarten, Elementary School P P Middle School P P High School P P Colleges P P Hospital N N Elderly Housing N N Medical Centers P P Cemeteries N N Mortuaries P P WECS (Free- standing Monopole Support Structure) SUP SUP WECS (Building- mounted) SUP SUP P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -22 35.5.4.3 General Regulations. General regulations of the Community Nlixed Use Centers are in the table below: General Regulations CIVI-G Minimum lot area (square feet) 2,500 2,500 Minimum lot width 50 feet 50 feet Minimum lot depth 50 feet 50 feet Minimum front yard setback None 10 feet Minimum side yard None None Minimum side yard adjacent to a street None 10 feet 20 feet, plus 1 foot for each Minimum yard abutting a residential use 20 feet foot of or district building height above 30 feet Maximum FAR 1.5 0.75 Minimum residential unit size 500 SF None Maximum lot coverage 80% 85% Minimum landscaped area 20% 15% Maximum building height 65 feet 65 feet Maximum WECS height 75 feet 75 feet Subchapter 5 ..... ............................... Development Code 5 -23 Subchapter 5 ....................................... ... .............. ....... .................. I ................. ......... Development Code 5 -24 Subchapter 5 .... ............................... Development Code 35.5.5 Regional Mixed Use Centers Sections: 35.5.5.1 Purpose. 35.5.5.2 Permitted Uses. 35.5.5.3 General Regulations. 35.5.5.1 Purpose. 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. Land Use categories witlun Regional Mixed Use Centers include: RCR -1 Regional Center Residential 1 RCR -2 Regional Center Residential 2 RCC -N Regional Center Commercial Neighborhood RCC -D Regional Center Commercial Downtown 35.5.5.2 Permitted Uses. The following uses are permitted witivn Regional Mixed Use Centers: Agriculture P P P P Livestock L(7) L(7) L(7) L(7) Single Family Dwellings N N N N Accessory Dwelling Units N N N N Attached Single Family Dwellings P P P P Dwellings Above Businesses P P P P Live/Work Units P P P P Duplexes N N N N Community Homes For the Disabled P P P P Group Homes SUP SUP SUP SUP Multi- Family Dwellings L(4) L(4) L(6) & L (4) L(6) & L(4) Fraternity or Sorority House N N N N Dormitory N N N N Manufactured Housing Developments N N N N P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -25 Subchapter 5 .... ............................... Development Code Categories Commercial Land Use Home Occupation P P P P Sale of Products Grown on Site N N N N Hotels N N P P Motels N N P N Bed and Breakfast L(8) L(9) L(9) P Retail Sales and Service L(17) L(17) L(13) P Movie Theaters SUP SUP P P Restaurant L(11) L(11) P P Private Club L(11) L(11) P P Bar L(11) L(11) P P Drive - through Facility N N P P Professional Services and Offices L(15) L(14) P P Quick Vehicle Servicing N N P P Vehicle Repair N N N P Auto and RV Sales N N N P Laundry Facilities P P P P Equestrian Facilities N N N N Outdoor Recreation SUP SUP N N Indoor Recreation N N P P Conference /Convention Centers N N P P Major Event Entertainment N N SUP SUP Commercial Parking Lots N N P P Administrative or Research Facilities SUP SUP L(14) P Broadcasting of Production Studio SUP SUP P P Sexually Oriented Business N N N N Temporary Uses L(38) L(38) L(38) L(38) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -26 Subchapter 5 ................................. .. ........ . ................................ I ................ . Development Code Printing / Publishing N N N N Bakeries N N L(21) P Craft Alcohol Production N N SUP L(12) Manufacture of Non- odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N L(23) Heavy Manufacturing N N N N Wholesale Sales N N N N Wholesale Nurseries N N N N Distribution Center/Warehouse, General N N N N Warehouse, Retail N N L(13) L(13) Self- service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Wrecker Services and Impound Lots N N N N Kennels N N N N Veterinary Clinics SUP SUP L(14) P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N N N Gas Wells L 2 P L 2P L(27) L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -27 Subchapter 5 ... ......................................... . ....................................................... I........... Development Code Institutional Land Use Categories Basic Utilities SUP SUP SUP SUP Community Service P P P P Parks and Open Space P P P P Churches P P P P Semi - public, Halls, Clubs, and Lodges P P P P Business / Trade School N N L(14) P Adult or Child Day Care P P P P Kindergarten, Elementary School P P P N Middle School P P P P High School SUP SUP P P Colleges N N P P Hospital N N P P Elderly Housing P P P P Medical Centers SUP SUP P P Cemeteries N N N N Mortuaries N N P P WECS (Free- standing Monopole Support Structure) SUP SUP SUP SUP WECS (Building- mounted) SUP SUP SUP SUP P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -28 Subchapter 5 ..... ............................... Development Code 35.5.5.3 General Regulations. General regulations of the Regional Mixed Use Centers are contained in the table below: 5 -29 Minimum lot area (square feet) None None None None Minimum lot width 50 feet 20 feet 20 feet None Minimum lot depth 80 feet 60 feet 50 feet None Minimum front yard setback 10 feet 10 feet 10 feet None Minimum side yard 6 feet 6 feet 6 feet None Minimum side yard adjacent to a street 10 feet 10 feet 6 feet None 10 feet 10 feet plus 1 plus 1 foot for foot for each each Minimum rear yard foot of foot of None None building building height height above above 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for each each each each Minimum yard abutting a single family foot of foot of foot of foot of use or district building building building building height height height height above above above above 30 feet 30 feet 30 feet 30 feet Minimum residential unit size 600 SF 500 SF 500 SF 500 SF Maximum FAR 0.50 0.75 1.5 3.0 Maximum Density, dwelling units per 30 40 80 100 acre Maximum Lot Coverage 55% 75% 85% 90% Minimum Landscaped Area 45% 25% 15% 10% Maximum building height 40 feet 50 feet 65 feet 100 feet Maximum WECS height 55 feet 60 feet 75 feet 110 feet 5 -29 Subchapter 5 ....................................................................................................................................... ............................... Development Code Milo] Subchapter 5 .................................................................. ............................... Development Code 35.5.6 Employment Centers Sections: 35.5.6.1 Purpose. 35.5.6.2 Permitted Uses. 35.5.6.3 General Regulations. 35.5.6.1 Purpose. The purpose of the Employment Centers is to provide locations for a variety of workplaces and complimentary uses. Land Use categories within Employment Centers include: EC -C Employment Center Commercial EC -I Employment Center Industrial 35.5.6.2 Permitted Uses. The following uses and their accessory uses are permitted within the Employment Centers: Residential Land Use Categories EC-C EC-1 Agriculture P P Livestock L(7) L(7) Single Family Dwellings N N Accessory Dwelling Units N N Attached Single Family Dwellings N N Dwellings Above Businesses N N Live/Work Units N N Duplexes N N Community Homes For the Disabled N N Group Homes N N Multi- Family Dwellings N N Fraternity or Sorority House N N Dormitory N N Manufactured Housing Developments N N P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -31 Subchapter 5 ... ............................... Development Code Categories Commercial Land Use Home Occupation 4N N Sale of Products Grown on Site N N Hotels P P Motels P N Bed and Breakfast N N Retail Sales and Service P L(18) Movie Theaters N N Restaurant P P Private Club P P Bar P P Drive - through Facility P P Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Laundry Facilities P P Equestrian Facilities N N Outdoor Recreation P N Indoor Recreation P P Conference /Convention Centers P SUP Major Event Entertainment P P Commercial Parking Lots P P Administrative or Research Facilities P P Broadcasting of Production Studio P P Sexually Oriented Business N N Temporary Uses L(38) L(38) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -32 Categories Industrial Land Use Printing / Publishing P P Bakeries P P Craft Alcohol Production P P Manufacture of Non - odoriferous Foods P P Feed Lots N N Food Processing N N Light Manufacturing P P Heavy Manufacturing N N Wholesale Sales P P Wholesale Nurseries N L(32) Distribution Center/Warehouse, General N L(34) Warehouse, Retail L(34) L(34) Self- service Storage P P Construction Materials Sales N P Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots SUP L(29) SUP L(29) Kennels P P Veterinary Clinics P P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N Gas Wells L(27) L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 5 .... .......I ....................... Development Code 5 -33 Subchapter 5 .... ............................... Development Code Institutional Land Use Categories X� Basic Utilities P P Community Service P P Parks and Open Space P P Churches P P Semi - public, Halls, Clubs, and Lodges P P Business / Trade School P P Adult or Child Day Care P P Kindergarten, Elementary School N N Middle School N N High School N N Colleges P P Hospital P N Elderly Housing P N Medical Centers P N Cemeteries N N Mortuaries P P WECS (Free- standing Monopole Support Structure) SUP SUP WECS (Building- mounted) SUP SUP P= Permitted, N =not permitted, SUP= Specific Use Pen-nit Required, L(X) = Limited as defined in Section 35.5.8 5 -34 Subchapter 5 ................................ ............................... Development Code 35.5.6.3 General Regulations. General regulations of the Employment Center are as follows: Minimum lot area (square feet) 2,900 2,500 Minimum lot width 20 feet 50 feet Minimum lot depth 50 feet 50 feet Minimum front yard setback None 10 feet Minimum side yard None None Minimum side yard adjacent to a street None 10 feet 30 feet, 30 feet, plus 1 plus 1 foot for foot for Minimum yard abutting a single family each foot of each foot of use or district building building height height above above 30 feet 30 feet Maximum FAR 1.50 0.75 Maximum lot coverage 80% 85% Minimum landscaped area 20% 15% Maximum building height 100 feet 65 feet Maximum WECS height 110 feet 75 feet 5 -35 Subcliapter 5 ....................... ............................... Development Code 5 -36 Subchapter 5 ..... ............................... Development Code 35.5.7 Industrial Centers Sections: 35.5.7.1 Purpose. 35.5.7.2 Permitted Uses. 35.5.7.3 General Regulations. 35.5.7.1 Purpose. The purpose of Industrial Centers is to provide locations for a variety of work processes and employment such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. Land Use categories witivn Industrial Centers include: IC -E Industrial Center Employment IC -G Industrial Center General 35.5.7.2 Permitted Uses. The following uses are permitted within Industrial Centers: Residential Land Use Categories Agriculture P P Livestock L(7) L(7) Single Family Dwellings N N Accessory Dwelling Units N N Attached Single Family Dwellings N N Dwellings Above Businesses N N Live/Work Units N N Duplexes N N Community Homes For the Disabled N N Group Homes N N Multi - Family Dwellings N N Fraternity or Sorority House N N Dormitory N N Manufactured Housing Developments N N P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -37 Subchapter 5 .......... .. ...................................................... - ...... Development Code Commercial Land Use .. Home Occupation N N Sale of Products Grown on Site N N Hotels P N Motels P N Bed and Breakfast N N Retail Sales and Service L(18) L(18) Movie Theaters N N Restaurant L(14) L(22) Private Club L(14) L(22) Bar L(14) L(22) Drive- through Facility L(14) L(14) Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Laundry Facilities P P Equestrian Facilities N N Outdoor Recreation N N Indoor Recreation P N Conference /Convention Centers SUP N Major Event Entertainment P N Commercial Parking Lots P P Administrative or Research Facilities P P Broadcasting of Production Studio P P Sexually Oriented Business N SUP / L(32) Temporary Uses L(38) L(38) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -38 Subchapter 5 ...................................................... ............................... Development Code Categories Industrial Land Use Printing / Publishing L(25) L(25) Bakeries L(25) P Craft Alcohol Production P P Manufacture of Non - odoriferous Foods L(25) P Feed Lots N N Food Processing N P Light Manufacturing P P Heavy Manufacturing N SUP Wholesale Sales P P Wholesale Nurseries P P Distribution Center/Warehouse, General P P Warehouse, Retail SUP SUP Self- service Storage P P Construction Materials Sales P P Junk Yards and Auto Wrecking N SUP Wrecker Services and Impound Lots L(29) L(29) Kennels N N Veterinary Clinics N N Sanitary Landfills, Commercial Incinerators, Transfer Stations N SUP Gas Wells L(27) L(27) P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -39 Subchapter 5 ....... I ...... I .................... Development Code Institutional Land Use Categories Basic Utilities P P Community Service P P Parks and Open Space P P Churches P P Semi - public, Halls, Clubs, and Lodges P P Business / Trade School P P Adult or Child Day Care L(19) N Kindergarten, Elementary School N N Middle School N N High School N N Colleges P N Hospital N N Elderly Housing N N Medical Centers P N Cemeteries N N Mortuaries P N WECS (Free- standing Monopole Support Structure) SUP SUP WECS (Building- mounted) SUP SUP P= Permitted, N =not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 5 -40 Subchapter 5 ....................................................................................................................................................................................................... ............................... . Development Code 35.5.7.3 General Regulations. General regulations of the Industrial Centers are contained in the table below: Regulations General Minimum lot area (square feet) 2,500 5,000 Minimum lot width 50 feet 50 feet Minimum lot depth 50 feet 50 feet Minimum front yard setback 10 feet 10 feet Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet 30 feet, 30 feet, plus 1 plus 1 foot for foot for each each Minimum yard when abutting a foot of foot of residential use or district building building height height above above 30 feet 30 feet Maximum FAR 0.75 2.0 Maximum lot coverage 80% 90% Minimum landscaped area 20% 10% Maximum building height 100 feet 140 feet Maximum WECS height 110 feet 150 feet 5 -41 Subchapter 5 ........................................................................................................................................... ............................... . ....................... ............................... . Development Code 35.5.8 Limitations The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off - street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(2) = For infill lots, the front setback shall be an average of the adjacent lots. L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. L(4) = Multi- family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed -Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi - family use within one year prior to the effective date of Ordinance No. _2005 -224; or 5. If allowed by a City Council approved neighborhood (small area) plan. L(5) = Within this district the density of apartments will be calculated as one bedroom equating to .5 units. L(6) = Permitted only on 21,11 story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(8) = Travelers' accommodations, are permitted, provided that: 1. The business -owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have 1 off- street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off - Street Parking section of this Chapter. 3. That only one ground or wall sign, constructed of a non - plastic material, non- interior illuminated of 4 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accoininodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accominodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5 -42 Subchapter 5 .................................................. ............................... Development Code 5. All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business - owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L(9) = All restrictions of L(8), but limited to no more than 15 guest units. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(12) = On- premise consumption and /or retail sales is required. Uses are limited to no more than 10,000 square feet of gross floor area for production, bottling, packaging, storage, and other manufacturing related activities. A SUP is required for additional square footage. L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi -Public Halls, Clubs and Lodges. L(16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot. L(17) = Uses that exceed twenty -five thousand (25,000) square feet of gross floor area per use require approval of a SUP. L(18) = Uses are permitted only in association with Gas Stations and are Ernited to no more than 5,000 square feet of gross floor area except adjacent to I -35 then uses are limited to 10,000 square feet of gross floor area. L(19) = Allowed as an accessory use to the primary business(es) within the same structure. The accessory use is linnited to those employees or owners of the business or businesses within the same structure. L(20) = Permitted, but outdoor storage of autos prohibited. L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L(22) = Uses are permitted only in association with Gas Stations and are limited to no more than 25 seats except adjacent to I -35 then the number of seats is limited to 50. L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 5,000 square feet. L(24) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 1,500 square feet. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(26) = Uses are limited to no more than 2,500 square feet of gross floor area per lot. L(27) _ Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L(28) = Use allowed as part of consolidated parking plan. L(29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights -of -way and residential uses and zoning districts. 5 -43 Subchapter .... ............................... Development Code 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplain, water - related habitat, and riparian buffer environmentally sensitive areas (ESA). 4. Best management practices addressing storm water quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (iS4U1i) manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. L(30) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other permitted commercial, or institutional uses, equal to at least 15% of the floor space of the residential use along any avenue, collector, or arterial street, otherwise these uses are not required. L (31) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other permitted commercial, or institutional uses, equal to at least 25% of the floor space of the residential use along any avenue, collector, or arterial street, otherwise these uses are not required. L (32) = Not allowed to locate adjacent to an arterial and within 1,000 feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L (33) = Additional height may be allowed with an SUP and a viewshed study, which illustrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. L (34) = Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. L (35) = L (36) = Permitted when combined with retail sales. L (37) = 5 -acre minimum land area required and no more than 25 kennels per acre allowed, including indoor and outdoor runs. A natural buffer strip is required adjacent to any residential use. L (38) = Must meet the requirements of Section 35.12.9. L (39) = L (40) = Limited to a maximum 12 units per acre. L (41) = Lots where the proposed WECS will be located shall have a minimum lot area of two (2) acres. A maximum of one (1) WECS is permitted by right. Multiple WECS are permitted only with approval of a SUP. L (42) = Building - mounted WECS may not extend higher than ten (10) feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades' elevation. If the WECS does not use blades, then height is measured from the base of the WECS where is mounted on the building to the highest point of the WECS. 5 -44 Subchapter 5 ................................................................................................................. ........I...................... ...........1111................ Development Code 35.5.9 Additional Mixed Use Restrictions: A. All multi - family proposed as part of a Mixed Use Development in the NRMU -12, NRMU, CM -G, CM -E, RCR -1, RCR -2, RCC -N and RCC -D zoning districts shall: 1. Be subject to a development agreement (the "Development Agreement ") between the property owner and the City which shall be entered into prior to final plat approval for any portion of the development. The Development Agreement shall contain Assurances, other covenants, and a Phasing Plan stipulating that non- residential development will be constructed first and multi - family residential constructed last or only after 50% or more of the non - residential component has been developed. The Development Agreement shall be in recordable form and be recorded in the Real Property Records of Denton County, Texas and shall constitute covenants running with the land and will be binding on all owners and future owners of the property. Phasing Plan is defined as a graphic and narrative document that indicates the sequence and /or timing of construction and shall provide a description of the phasing order (1, 2, 3,) or by time period (2005, 2006, 2007,) and includes infrastructure requirements for each phase. 2. If a phased project proposes all or a majority of the common amenities for future phases, (including, but not limited to, open space, landscaping and /or recreational facilities) then "Assurances" are required. The Assurances will address amenities not constructed in the early phases so that in the event that the future phases are not developed, sufficient common amenities will be provided for the phases actually developed. The Assurances will be a cash amount equal to the estimated cost to develop the amenities as determined by the applicant's professionals and sealed by an architect or engineer. The Assurances will be in the form of a cash deposit with the City or other form of security approved by the City Attorney and the City Manager. The city will use the security to construct the amenities if the developer fails to perform in accordance with the "Assurances ". 3. Before building permits may be issued for any portion of the project, a prelirrimary site plan for the entire project must be approved. Diversification of ownership will not be considered a valid basis or justification for a variance or an amendment to a previously approved site plan. B. Exemptions Master Planned Developments. Existing shall be exempt from the additional mixed -use restrictions. C. Appeals Any applicant may request deviations from the additional mixed -use restrictions and the multi - family residential design standards that are consistent with the spirit and intent of this chapter, by appealing to the Planning and Zoning Commission and City Council through the Alternative Development Plan procedure under Section 35.13.5 of this Code. (Amended Ord. No. 2002-347,10/15/2002) (Amended Ord. No. 2002-348,10/15/2002) (Amended Ord. No. 2003 -090, 03/25/2003) (Amended Ord. No. 2003-376,11/18/2003) (Amended Ord. No. 2004 -009, 01/06/2004) (Amended Ord No. 2005 -100 03/22/2005) (Amended Ord. No. 2005-224,08/16/2005) (Amended Ord. No. 2006 -085, 03/21/2006) (Amended Ord. No. 2008-318,12/09/2008) (Amended Ord. No. 2009 -115, 05/05/2009) (Amended Ord. No. 2010 -195, 08/18/2010) (Amended Ord. No. 2011 -088, 05/17/2011) (Amended Ord. No. 2012 -155, 07/17/2012) (Amended Ord. No. 2013 -183, 07/16/2013) (amended Ord. No. 2014 -139, 05/6/2014) (Amended Ord. No. 2015-010,01/6/2015) 5 -45 Subchapter 5 .............................. ............................... Development Code 5 -46 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO Legislation Text File #: ID 15 -537, Version: 1 Agenda Information Sheet SUBJECT Willie Hudspeth regarding City Hall. City of Denton Page 1 of 1 Printed on 7/16/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO Legislation Text File #: ID 15 -573, Version: 1 Agenda Information Sheet SUBJECT Kent Key regarding gas well plats. City of Denton Page 1 of 1 Printed on 7/16/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO File #: ID 15 -575, Version: 1 Legislation Text Agenda Information Sheet SUBJECT A. C. Adam regarding buffer zone area around gas wells. City of Denton Page 1 of 1 Printed on 7/16/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON File #: ID 15 -586, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Nell Yeldell regarding weeds, water and health hazards at 516 E. Prairie. City of Denton Page 1 of 1 Printed on 7/16/2015