Loading...
HomeMy WebLinkAboutJuly 28, 2015 AgendaCity 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 28, 2015 1:00 PM Work Session Room After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Work Session on Tuesday, July 28, 2015 at 1:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Work Session Reports A. ID 15 -587 Receive a report, hold a discussion and provide staff direction on street pavement conditions and recommended maintenance funding requirements. Attachments: Exhibit 1 CC Agenda Item Exhibit 2 COD 2008 Citizen Survey Exhibit 3 The NCS Community Livability Report- Denton DRAFT 2015 Exhibit 4 7 -20 -15 Streets Operations- Maintenance OCI Expenditures Exhibit 5 Street Bond 2012 Exhibit 6 Street Bond 2014 B. ID 15 -607 Receive an update, hold a discussion, and provide staff direction on the Road Impact Fee implementation. Attachments: Exhibit 1 Road Impact Fee Update Presentation C. DCA14 -0009 Hold a discussion on complementary amendments to the Denton Development k Code; specifically Subchapters 5, 16, and 22, relating to Gas Well Drilling and Production, Definitions, and Procedures; in order to reconcile Denton's gas well regulations with House Bill 40 that was signed into law on May 18, 2015. D. ID 15 -588 Hold a discussion and provide staff direction with regard to possible amendments to the City Council Rules of Procedure. Attachments: Exhibit 1 Proposed Ordinance - redlined Exhibit 2 Proposed Ordinance Exhibit 3 PowerPoint Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: A. ID 15 -473 Consultation with Attorney - Under Texas Government Code, Section 551.071. City ofDenton Page I Printed on 712412015 City Council Meeting Agenda July 28, 2015 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. B. ID 15 -545 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests, to wit: an 10.771 acre tract situated in the R. Longbottom Survey, Abstract No. 775 generally situated in the northwest quadrant at the intersection of U.S. Highway 288 and East University Drive (U.S. Hwy. 380), in the City of Denton, Denton County, Texas, for the construction, expansion and use of electric substations, switch stations or power transmission lines. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Purple route, Prescott) C. ID 15 -643 Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code, Section 551.087. D. ID 15 -584 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. 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 ofDenton Page 2 Printed on 712412015 City Council Meeting Agenda July 28, 2015 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. Special Called Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PUBLIC HEARINGS A. DCA14 -00091 Hold a public hearing and consider adoption of an ordinance amending Subchapters 5, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14- 00091). The Planning and Zoning Commission recommends approval (7 -0), with amendments. Attachments: Exhibit 1- Gas Well Ordinance Redline Exhibit 2- Gas Well Ordinance Clean 2. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. CERTIFICATE City ofDenton Page 3 Printed on 712412015 City Council Meeting Agenda July 28, 2015 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 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 ofDenton Page 4 Printed on 712412015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -587, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Street Department ACM: Howard Martin, 349 -8232 Date: July 28, 2015 SUBJECT Receive a report, hold a discussion and provide staff direction on street pavement conditions and recommended maintenance funding requirements. BACKGROUND Staff received a request from the Mayor to provide a status update and briefing to the City Council on the street maintenance program and the results of the most recent pavement management survey performed by Infrastructure Management Services (IMS), Tempe, Arizona. The final results of the pavement management survey are not yet available but the request for an update was desired to precede the FY 2016 city budget process. The actual street survey work has been completed and staff will provide the preliminary results of this survey to the City Council along with some background information concerning the street maintenance program activities, funding history, and an overview of the Pavement Management System and software used by City staff to help manage this important asset and guide the street maintenance and bond funded street reconstruction programs. Staff will provide another presentation and briefing to the City Council once the study has been completed at a future work session in October or November of this year. Please be advised that the information presented is preliminary and may change as staff continues to work with IMS to QC the data and supervise the data analysis, final report and presentation to the City Council as outlined in our negotiated contract scope of services. The current contract with IMS will be the third comprehensive Pavement Management Survey conducted by the City. These studies have been made on approximately six year intervals and were performed in 2003, 2009, and most recently in 2015. The results of the previous study and the presentation to City Council covering the 2009 survey and 2010 final report occurred on February 7h, 2011 (see enclosed Exhibit 1). The results of the prior two street condition surveys were discussed and summarized in this City Council Work Session Agenda Item. In general, the first two studies concluded: 1. The City was underfunding their street maintenance program. 2. Street conditions were rapidly deteriorating as a result of this underfunding. As pavement management surveys are conducted and pavement deterioration models are developed, the first studies depend heavily on institutional knowledge of street conditions and life expectancies. As more street surveys are conducted over time, additional data becomes available on observed street conditions vs assumed street conditions based upon street deterioration curves (also referred to as Performance Curves) that were City of Denton Page 1 of 5 Printed on 7/23/2015 File #: ID 15 -587, Version: 1 developed without the advantage of this observed data over time. This process is known as model calibration and it typically takes between three to five cycles of street surveys to achieve a fully calibrated pavement management model. As a result of this process, the observed pavement conditions may deviate to some degree from modeled pavement conditions over time. This is one important reason to continue to perform new street condition surveys on three to six year intervals to keep the basic information related to street conditions as current and as accurate as possible. The funding levels for street maintenance had slowly declined for several decades prior to the first pavement management survey and study in 2003. Street maintenance funding has slipped from a fourth place priority (behind Police, Fire, and Parks) to a six placed priority (behind Police, Fire, Parks, Planning and Libraries) during this time. Not coincidental to this fact, this is also the time frame where street conditions began to rapidly deteriorate and in the 2008 Citizen Survey (see attached Exhibit 2, Tables 12 and 28)), Street Maintenance had one of the lowest citizen satisfaction ratings (34.7% Excellent or Good) within the City for all city services provided. This public opinion continued to decline in the 2015 Citizen Survey (see attached Exhibit 3, Figure 2) where overall satisfaction ratings on street repair continued to plunge downward to a satisfaction rating of 21 %. On a more positive note, street funding levels have increased over the past few years and street funding is now back to a fourth place funding priority within the General Fund. Additionally, the Street Program is now a separate fund and policy efforts have been made to earmark Utility Franchise Fee income into the General Fund to be gradually transitioned to be a sustainable income stream for funding the Street Maintenance program and O &M annual budget. The financial goals for the streets division are to be a third place funding priority for the city with sustainable funding totaling approximately 15% of General Fund Income. This funding level would support street repair and replacement costs on a sustainable level without dependency upon debt based funding. At one time, street funding levels were only 5% of General Fund income levels and this lead to the decline in overall street conditions in Denton. The proposed funding level of 15% would also cover other street department O &M funding needs that are not related to extending the service life of the street assets. In the early years of the Water Utility's management of the street maintenance program, Overall Condition Index (OCI) improvements were funded by a portion of the street department O &M budget, GO and CO debt issuance and for a brief period, through the DCTA Enhanced Local Assistance Program (ELAP). OCI improvements include, pavement overlays, street reconstruction, crack sealing, concrete panel replacements and asphalt micro seals. Routine street maintenance such as pothole repairs and base failures do not improve the OCI of a street and would be analogous to repairing a broken water main with a repair clamp. It fixes a short term defect or problem to keep the asset in service but does not extend the life of an asset like a pipeline rehabilitation or replacement would. Additional street programs like bridge repair, guard rail replacement, sidewalk repairs and replacements, street closures and barricades, snow and ice removal, ect. are other examples of street department O &M funding needs that are not considered OCI investments in extending the life of the street assets. The estimated portion of the total street maintenance O &M budget that is non OCI type expenditures is approximately 30 to 50 %. This can vary depending upon many variables but staff would typically expect about 2 /3 rd of the O &M budget be directed toward OCI preventative street maintenance functions and about 1 /3rd to go to fund other street department programs. Exhibit 4 shows the OCI funding sources and history from FY 2004 through FY 2015. This exhibit shows the recent progress made in funding the street OCI program but also demonstrates how much of this is currently dependent upon debt funding as opposed to annual reoccurring income revenue. It will be staff's recommendation to only use debt funding as a funding source for: City of Denton Page 2 of 5 Printed on 7/23/2015 File M ID 15 -587, Version: 1 1. Only for street reconstruction projects. 2. Only as a funding source to play catch -up on differed street maintenance programs. 3. Only as a transition to a more sustainable revenue funded annual street maintenance program. Since the City's street maintenance program has been historically underfunded, the City was faced with a very large backlog of deteriorated streets that could not be maintained and had to be reconstructed. In 2005, the City's bond program included 9.6 million dollars for street reconstruction. In 2012, the City voters approved a 20 million dollar street reconstruction bond package for 4.0 million dollars over a five year period (2013, 2014, 2015, 2016 and 2017). This bond package funded 208 street segments (a length of street from one intersection to the next intersection and can be from two lanes to six lanes in width and varying in length from under 250 feet to over a few thousand feet in length). These 208 street segments represented at that time about 20% of the failed street segments in need of reconstruction. Exhibit 5 has a map and a listing of the proposed street projects included in the 2012 bond package for street reconstruction. So far 59 street segments have been completed and 14 other street segments are under construction from the 2012 street reconstruction bond program. In 2014, the voters approved a larger and more diverse bond program designed to address infrastructure needs for the community that included an additional 24 million dollars for street reconstruction over a six year period (2015, 2016, 2017, 2018, 2019 and 2020). This 24 million dollar program was designed to ramp up the 2012 bond program from 4.0 million per year to 6.0 million per year beginning in 2015. This funded an additional 195 street segments that represented at that time about 28% of the unfunded backlog of failed streets within the City of Denton that were not included in the 2012 bond program. Exhibit 6 has a map and a listing of the proposed street projects included in the 2014 bond package for street reconstruction. Although the 2012 and 2014 bond programs will provide 44 million in street reconstruction funding over an eight year period, only the majority of the first two years of funds have been expended to date and only 59 of the 403 street segments have been completed to date and are reflected in the most recent street survey results. As previously mentioned, the more street surveys you conduct over time, the more accurate your model becomes. One positive result from the 2015 street condition survey is our streets are actually lasting a little longer than originally identified in the two earlier studies that were based more on institutional knowledge rather than observed data over time. What this means is as a part of the model calibration process, the deterioration curves (Performance Curves) for many streets will be modified to recognize this observation. It will also mean that the required maintenance funding necessary to sustain and /or improve OCI ratings for the City street system will be slightly lower than was previously estimated. This does not take into account the increased costs related to the fact that the street system is constantly growing in size and street OCI improvement costs are constantly increasing due to construction inflation. The City's pavement management system uses two software modules from Cartegraph called Pavement View and Pavement View Plus. What this software allows the city staff to do, in conjunction with our periodic overall street condition surveys, is to track the benefits associated with various OCI related street maintenance work activities over time and to perform various what if scenarios on funding levels and their impacts over time on overall street condition OCI levels. It also assists staff in identification of various street improvement candidates for inclusion in the annual O &M budget funded programs or bond funded reconstruction programs since recommended OCI improvements are tied to a fairly narrow range of street OCI levels. Since it also ties to the street department's work order and job cost tracking process, it also allows the staff to keep track of City of Denton Page 3 of 5 Printed on 7/23/2015 File #: ID 15 -587, Version: 1 project costs, modify average unit costs, and help manage cost estimating and the budget preparation processes. Staff has been using this software for the past thirteen years ever since the first comprehensive street condition survey was performed in 2003. OPTIONS N/A RECOMMENDATION Staff would prose the following recommendations to the City Council related to future financial goals for funding the street maintenance program: - Continue to perform periodic comprehensive street condition surveys on five to six year intervals. - Continue to utilize the Cartigraph Pavement View and Pavement View Plus to manage the street maintenance program, track costs for projects, identify candidate street segments for rehabilitation, repair and reconstruction, and to perform budgetary analysis and proposals. - Continue to transition the Utility Franchise Fee income stream to increase funding the street improvement fund at an additional $730,000 /year over the next 8 years. - City Council should target a system wide average OCI of between 65 -70 with a reconstruction back log of less than 12 %. - The Street Improvement Fund should include 40 % -45% funding for non -OCI street related expenditures (sidewalks, pavement markings, pothole repair, etc.) - Transition away from dependence upon debt funding for managing the reconstruction backlog once it is under control and O &M funding levels have increased and are sustainable. Through improving the average OCI in the Street System and reducing reconstruction backlog, the future costs will shift from disproportionate funding of accumulated reconstruction backlog (i.e. worse first) to lower cost preventative maintenance funding (i.e. best first). ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW (Council, Boards, Commissions) February 7, 2011 - Briefing to City Council on Street Pavement Conditions and Recommended Maintenance funding requirements. January 22, 2014 - Briefing to City Council on Street Pavement Conditions and maintenance funding requirements. FISCAL INFORMATION N/A BID INFORMATION N/A City of Denton Page 4 of 5 Printed on 7/23/2015 File #: ID 15 -587, Version: 1 EXHIBITS 1. City Council Agenda Item February 7, 2011 2. 2008 Citizen Survey 3. National Citizen Survey 4. Street Operations and Maintenance Expenditures Street Bond Program 2012 6. Street Bond Program 2014 Respectfully submitted: Tim Fisher Division Manager City of Denton Page 5 of 5 Printed on 7/23/2015 AGENDA CITY OF DENTON CITY COUNCIL February 7, 2011 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Work Session on Monday, February 7, 2011 at 11:30 a.m. in the Council Work Session Room, 215 E. McKinney Street, Denton, Texas at which the following item will be considered: NOTE: A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a Work Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. Receive a report, hold a discussion and provide staff direction on street pavement conditions and recommended maintenance funding requirements. 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 2011 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349 -8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF JDD) BY CALLING 1- 800 - RELAY -TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2011 DEPARTMENT: Water Utilities ACM: Howard Martin, Utilities 349- 823214V`"`" SUBJECT Receive a report, hold a discussion and provide staff direction on street pavement conditions and recommended maintenance funding requirements. BACKGROUND Responsibility for Streets /Traffic operations and maintenance were transferred to the Water Department in 2001. Funding for these two divisions continues to be provided from the general fund. Staff would like to update the City Council on historical street maintenance issues, the current maintenance activities, present the findings of a recently completed street condition survey, and provide staff recommendations on the changes needed to adequately operate and maintain the street system. Funding levels for the Streets /Traffic Operations and Maintenance (O &M) budgets have increase over the years but have not kept pace with the overall growth in income for the general fund as the city has grown over the years. All routine maintenance for the city's street network is contained in the Street Department O &M budget. This annual O &M budget expressed as a percentage of the total General Fund has declined over the past two decades and they are currently ranked sixth in overall priority from a funding perspective behind Police, Fire, Parks and Recreation, Library and the Planning functions for the city. Twenty years ago, the Street Department was ranked fourth in overall funding priority (Exhibit 1). When the Water Utilities Department became responsible for the administrative management of the Streets /Traffic O &M program the following items were identified as needing attention: o Need for a defined program for technical evaluation of street conditions. o Need for an inventory system to track street assets. o Need for developing a maintenance plan with established goals and objectives. o Re evaluation of the design criteria for streets with consideration for life cycle costs. o Determination of concrete verses asphalt pavements and equivalent pavement sections. o Quality control for materials testing and acceptance inspection for new pavement installations needed improvement. o Total annual funding levels for street maintenance and /or replacement needed evaluation and improvement to keep pace with growth in the system and aging of the street network. The City contracted with ERES Consultants in 2003 to perform an automated pavement evaluation. This evaluation gave staff an assessment of the Overall Condition Index (OCI) of the City of Denton street network. Based on the analysis of the road condition, the consultant performed model runs to determine the level of expenditure necessary to prevent the deterioration of our roadway system. The 2003 pavement study also provided an initial baseline which we will use to measure our progress with the street maintenance program. Since the completion of the 2003 pavement study, staff has been tracking street maintenance activities using a software program (CarteGraph Pavement View) and the model provided by ERES. In the summer of 2009 we initiated the second automated pavement assessment project. With this second project, we have contracted with Infrastructure Management Services (IMS) to perform the automated pavement evaluation. The consultant has finished the survey and the financial analyses and the final report (less the Appendix Sections) are attached (Exhibit 2). The project manager (Stephen Smith, P.E.) has extensive experience in conducting similar automated pavement surveys and analysis studies for municipal and county governments across the country. Stephen will present an overview of the project as well as his recommendations for funding levels for Denton's street maintenance program (Exhibit 3). The results of this analysis have further refined the city's pavement condition model as well as providing a more detail financial analysis and final report. Based upon the results of the 2003 and 2009 pavement condition surveys, it is evident that the current level of resources allocated for street maintenance funding continues to be inadequate to stop the relatively sharp decline in street conditions for the City of Denton. Based upon these two studies, the OCI from the 2003 study was 69 compared with an OCI of 63 for the 2009 study. These results indicate that the present funding level for street maintenance over this time fame was unable to stop the decline in the condition of the street network over the six year period. In addition, while the OCI at the time the pavement condition survey was performed was 63, the modeled OCI for the final published report in 2010 was 61, indicating that the present funding level will result in a OCI decline of approximately 2 points per year. Based on this comparison the data from these two studies have concluded that the OCI value for the city's street network has continued to decline. The 2003 automated pavement study indicated that to prevent the reduction of the OCI we should be spending 18 million dollars annually. The 2010 automated pavement study estimates annual street maintenance expenses would be approximately 10 million dollars per year to maintain the streets at the lower OCI value of 61 and would be approximately 15 to 16 million dollars over the next five years to restore the OCI to where it was in the 2003. The street maintenance spending levels recommended in these two automated pavement surveys do not include the entire street department budgets that include other activities that are not OCI maintenance related. These other areas include pot hole patching, utility street cut patching, routine base failure patching, street sanding, sidewalk replacements and repairs, bridge repairs and guard rail repairs. In addition, the analysis of street maintenance funding level needs do not account for inflationary costs for these expenses. Since the 2003 automated study the city has spent a total of 32.5 million on OCI improvements. This total expenditure averaged approximately $4.64 million per year. It is important to note that these funding levels included unsustainable funding sources including one time funding from the Denton County Transportation Authority's (DCTA) Enhanced Local Assistance Program (ELAP), debt funding through 20 year General Obligation (GO) bonds and 20 year Certificates of Obligation (CO) bonds. At the time of the 2003 study, staff estimated that the city was spending approximately 2.1 million dollars each year for OCI related street maintenance. Based upon the FY 20110 & M budget, staff estimates that the city is spending approximately 3.1 million dollars each year for OCI street maintenance (not including one time funding levels that currently include CO and GO bonds). The total expenditures for OCI improvements since 1993 and their funding sources are attached (Exhibit 4). Maintenance activities impacting the OCI values for asphalt streets include; crack -seal, micro - seal, hot -mix asphalt (HMA) overlay, and street reconstruction. The crack seal program involves the application of rubberized asphalt material into cracks that appear on the surface of the roadway. This is a very important early maintenance procedure to prevent moisture from seeping into the cracks. This prevents damage from the freeze thaw cycles in the winter and from expansion/contraction cycles due to the expansive clay soils under the pavement. Micro -seal is a more aggressive maintenance procedure providing a thin additional wear surface and a sealant coating to the surface of the roadway. This material is comprised of rock, emulsion asphalt, cement, and sand. This procedure seals the entire surface of the roadway protecting the roadway and subgrade from moisture. Smaller cracks and more numerous cracks are more cost effectively sealed using this maintenance procedure. Hot -mix asphalt overlay (HMA) involves the milling of several inches of asphalt off of the surface of the roadway and then replacing with three to four inches of hot -mix asphalt and then roller compacting. Spot curb and gutter repairs are normally made during this procedure. Total reconstruction involves the complete removal of the existing roadway and reconstructing of the subgrade and placement of new asphalt layers or concrete. Normally, on a total reconstruction project the curb and gutter sections were either partially or completely replaced. Maintenance activities impacting the OCI values for concrete streets include: crack -seal, panel replacements, and street reconstruction. Based upon the results of the two automated roadway evaluations, additional resources need to be programmed for street maintenance to reverse the overall deterioration of the street network. This situation has developed over several decades and has resulted in an overall deterioration of the street network. Unless major changes in the street maintenance program are made soon, the street system will deteriorate to an unacceptable level and reasonable options for addressing the issue may not be available. A financial plan must be developed to reverse the current trend and restore the street program to a viable level. Based on the large size of this funding gap, easy financial solutions will not be available. The financial plan must consist of a number of sources of additional funding and a prioritization of existing funding sources to be successful. Staff will discuss funding options with Council in the future and seek guidance on how to provide for the funding shortfall. 3 EXHIBITS 1. Street Funding as a Percentage of the Total General Fund by Decade 2. IMS Pavement Management Analysis Report, December 2, 2010 3. IMS Pavement Presentation to Denton City Council 4. Historical Street Maintenance Expenditures Respectfully submitted: Jim Coulter, Director of Water Utilities E Exhibit 1 Streets Funding as a % of Total General Fund by Decade 30% 25% 20% 15% 10% 5% 0% Police Fire Parks & Rec Planning Library 1989 -1990 1999 -2000 2009 -10 5 1989 -1990 1999 -2000 2009 -10 Police & Animal Control $ 5,733,199 21% $ 11,055,890 24% $ 23,476,871 26% Fire $ 4,786,639 18% $ 9,744,530 21% $ 20,752,595 23% Parks & Recreation $ 2,276,262 9% $ 4,417,550 10% $ 10,559,577 12% Planning $ 903,505 3% $ 2,399,987 5% $ 5,588,326 6% Library $ 941,206 4% $ 1,873,066 4% $ 5,184,358 6% Streets $ 1,491,843 6% $ 2,129,248 5% $ 4,475,492 5% 30% 25% 20% 15% 10% 5% 0% Police Fire Parks & Rec Planning Library 1989 -1990 1999 -2000 2009 -10 5 IMS IMS Infrastructure Management Services 1820 West Drake Drive, Suite 108, Tempe, AZ 85283 Phone: (480) 839 -4347, Fax: (480) 839 -4348 www.ims - rst.com Transmittal To: Tim Fisher, P.E. City of Denton From: Stephen Smith Subject: Pavement Report Rev 2 Final IMS Infrastructure Management Services 1820 W. Drake Drive Suite 108, Tempe, AZ 85283 Phone: (480) 839 -4347 Fax: (480) 839 -4348 www.ims-rst.com Date: December 6th, 2010 cc: Project: Denton Project No.: 14208 Enclosed is the final Denton Pavement Management Report for your usage and records. The report follows up on the comments made in the draft report and uses higher unit rates as discussed for the analysis. The report identifies a $10M annual budget required to maintain the network OCI at 63, and a $15M budget required to raise it to a value of 69. The report builds off the 2004 study in that it updates the pavement performance curves to match the current data OCI profile and expands the rehabilitation strategy selection process to include a continuous spectrum of options as well as OCI constraints. The report contains the City's street Inventory and condition summary, as well as key operating parameters used in the analysis. I have also included the $10M rehab plan as a separate attachment after Appendix B (I wanted to keep it separate incase you wanted to circulate the report without the rehab plan). It has been our pleasure to work with the City of Denton and we look forward to completing the last few tasks on the current assignment and keeping up with the City over the next few years. IMS Infrastructure Management Services page 1 7 TABLE OF CONTENTS TABLE OF CONTENTS I 1.0 PROJECT DESCRIPTION 1 1.1 Principles of Pavement Management 1 1.2 The Pavement Management Process 4 1.3 Understanding the Pavement Condition Score 5 2.0 CITY OF DENTON NETWORK CONDITION AND FINDINGS 7 2.1 Roadway Network Size 7 2.2 Network Present Condition 9 2.3 OCI Distribution by Pavement Type 11 2.4 Functional Class OCI Distribution 12 2.5 Arterial Structural Analysis 13 2.6 Load Associated Distress Analysis 15 2.7 Reconstruction Backlog 16 3.0 REHABILITATION PLAN AND BUDGET DEVELOPMENT 18 3.1 Key Analysis Set Points 18 3.2 Fix ALL Today Estimate and Steady State 23 3.3 Rule of Thumb Estimates for Maintaining OCI = 63 24 3.4 Network Budget Analysis Models 25 3.5 Current funding and Maintain Existing OCI Model Runs 29 3.6 Network Recommendations and Comments 31 APPENDED REPORTS Appendix A Appendix B IMS Infrastructure Management Services Denton Report Rev2.doc 8 Following Page 22 Inventory and Condition Summary City of Denton Operating Parameters page i 1.0 PROJECT DESCRIPTION 1.1 PRINCIPLES OF PAVEMENT MANAGEMENT Nationwide, billions of dollars have been invested in roadway networks by municipal, state and federal governments. Locally, the City of Denton has over 70 miles of major roadways (major, Principal and secondary arterials) plus an additional 360 miles of minor roadways (residential and collectors) encompassing over 61.OM square feet of asphalt and concrete surfacing. At a replacement cost approaching $750,000 dollars per mile — not including the value of the land, the City has over $320 million invested in their paved roadway network. ing %5ignage, 7.1, 2% ndscaping, 4.0, 1 % cellaneous, 15.4, 5% Figure 1 — Replacement Value of the Denton Paved Roadway Network ($M, %) Total = $324M Preservation of existing road and street systems has become a major activity for all levels of government. There is a shortage of funds to maintain street systems at the state and local government levels. Funds that have been designated for pavements must therefore be used as effectively as possible. One proven method to obtain maximum value of available funds is through the use of a pavement management system. IMS Infrastructure Management Services Denton Report Rev2.doc page 1 9 Pavement management is the process of planning, budgeting, funding, designing, constructing, monitoring, evaluating, maintaining, and rehabilitating the pavement network to provide maximum benefits for available funds. A pavement management system is a set of tools or methods that assists decision makers in finding optimum strategies for providing and maintaining pavements in a serviceable condition over a given time period. Streets that are repaired when they are in a good condition will cost less over their lifetime than streets that are allowed to deteriorate to a poor condition. Without an adequate routine pavement maintenance program, streets require more frequent reconstruction, thereby costing millions of extra dollars. On a typical roadway, over time pavement quality drops until the pavement condition becomes unacceptable. The actual pavement condition score at which the street is deemed unacceptable is dependent on local definitions for acceptable level of service and the condition rating system employed. Also, the shape of the curve, and hence rate of deterioration for each street is dependent on many factors — foremost of which are the strength of the roadway structure and traffic loading. The key to a successful pavement management program is to develop representative pavement condition scores with reasonably accurate performance models that match the distress profiles of the network, and then identify the optimal timing and rehabilitation strategies. The resultant benefit of this exercise is realized by the long term cost savings and increase in pavement quality over time. Figure 2 highlights the principles of pavement management and the concepts of early rehabilitation intervention. As illustrated, pavements typically deteriorate rapidly once they hit a specific threshold — generally on the order of 40% of their effective life. Thus, a $1 investment in a light- weight rehabilitation, such as a surface treatment or thin overlay, after 40% lifespan is much more effective than deferring maintenance until heavier overlays or reconstruction is required just a few years later. Figure 2 — Pavement Deterioration and Life Cycle Costs IMS Infrastructure Management Services Denton Report Red2.doc page 2 10 40% of pavement life Excellent has a 15% drop in quality Very Good 15% of pavement life Good $1 spent now CY has a 40% drop in quality c E E Fair (D � a m Poor Costs $8 if delayed paV event Very Poor A Time Figure 2 — Pavement Deterioration and Life Cycle Costs IMS Infrastructure Management Services Denton Report Red2.doc page 2 10 Once implemented, an effective pavement information management system can assist agencies in developing long -term rehabilitation programs and budgets. The key is to develop policies and practices that delay the inevitable total reconstruction for as long as practical yet still remain within the target zone for cost effective rehabilitation. That is, as each roadway approaches the steep part of its deterioration curve, apply a remedy that extends the pavement life - at a lower cost, thereby avoiding costly heavy overlays and reconstruction. Thus, the goal of a pavement information management system is to identify the optimal level of funding, timing, and renewal strategy agencies should adopt to keep their roadway network at a satisfactory level of service. Figure 3 illustrates the concept of extending pavement life through the application of timely rehabilitation activities. Pavement Life Cycle Curve >% '•. Target Zone for Pavement RehaWiwitation `•.� CY a '. ...Increased Pavement Life'•. a •'P' Un- rehabilitated ' avernent•Pe1 �orrnen.' e Time Figure 3 — Pavement Life Cycle Curve Ideally, the lower limit of the target zone shown in Figure 3 would have a minimum value that is close to the condition score requiring a thin overlay or less (for Denton, thin overlays are scheduled in the 65 to 75 range). The upper limit would tend to fall close to upper range of the very good category — that is a pavement condition score of 85. The actual limits of the target zone for implementation of perpetual pavements are dependent on numerous factors such as user - defined levels of service for acceptability, functional class, pavement condition and subgrade strength, and rehabilitation budgets plus available contractors (there is not much use in programming a rehabilitation if the local contractors cannot complete the work or the agency has no budget available). Other functions of a pavement management system include assessing effectiveness of maintenance activities and new technologies; storing historical data and images; and providing a central point of access for as -built records, easements and agreements, and right of way assets. IMS Infrastructure Management Services Denton Report Rev2.doc page 3 11 1.2 THE PAVEMENT MANAGEMENT PROCESS The actual pavement management process involves three unique, but important steps, and is presented graphically in Figure 4. Each activity builds on the previous, until the end result is a prioritized paving and rehabilitation program. I. Systern Configuration .Newad. aecfieming& afier•en "g, a.IS tolkap Structural Testing . Analysis and Reporting i �/ii /i�/ t�9rwa,�i t CawaaPie "��/ P''teaant /i y l a e' a fIa ^arefa± Przrexrnnutdfmrrae I aaIKr a,�e,�!nr History, casts S local practices Local constraints 8: requirements Utififies, Other let Departments & Council I ItDra . « aving Plan Integrated ,,,,, Paving Plan Figure 4 - The Pavement Management Process The final Overall Condition Index (OCI) is made up from two inputs, namely Surface Distress Index (SDI), and Roughness Index (RI), with a third index — Structural Index (SI) used in rehabilitation selection for arterials. Definitions and operating parameters used in the analysis are as follows: A. Surface Distress Index (SDI) = 100 — sum of distress deducts according to ASTM D6433 -09, corrected for the number of active distress observations. SDI is used to quantify the pavement surface condition by measuring the extent and severity of selected pavement defects. D6433 -09 is a common industry standard developed by the U.S. Army Corps of Engineers and defines how defects are to be categorized and measured. D6433 -09 has separate distresses for asphalt and pavement types. Asphalt distresses are further broken down into load associated and non -load associated distresses. Load associated distress (LAD) are those that are caused by traffic and include rutting, alligator (fatigue) cracking, longitudinal cracking, edge cracking, distortions and patching and potholes. The remaining non -load associated distresses (NLAD) are material or environmental in nature and include transverse cracking, block (map cracking), bleeding and raveling. Examination of the amount of load associated distresses compared to the overall condition index provides an insight into subgrade quality. B. Roughness Index (RI) _ (10- 3 *LN(IRI) x 10, where IRI is the International Roughness Index measured in mm /m and is the industry and World Bank standard for measuring roughness. IMS Infrastructure Management Services Denton Report Rev2.doc page 4 12 C. The Overall Condition Index (OCI) followed the City's existing formula of OCI = 20% RI + 80% SDI. Common percentages for roughness contribution to the OCI range from 0% (meaning the OCI is based on SDI only) to 50% on larger - highway based networks. Splits of 33/67 to 20/80 are common on systems using surface distress and roughness as key pavement quality indicators, thus the 20/80 split selected for the previous study is an acceptable ratio and has been maintained. The structure capacity of arterial roadways was also measured using a Falling Weight Deflectometer (FWD). FWD's are used to develop a Structural Index (SI) by imparting a known load on the pavement and measuring the response through a series of geophones. The data quantifies the load carrying capacity of the base and pavement layers and consists of the Dynamic Maximum Deflection (DMD), Surface Curvature Index (SCI), Base Curvature Index (BCI) and Percent Spreadability ( %SP). Both Asphalt and Concrete roadways were assessed — but used different parameters to develop the structural index score. The Cartegraph software does not have the ability to integrate Structural Index information into the OCI score, thus the SI was used as a qualifier in the rehabilitation selection process. 1.3 UNDERSTANDING THE PAVEMENT CONDITION SCORE The following illustration compares the life cycle of a typical street section against its Overall Condition Index using common used descriptive terms. 100 - Excellent= Routine and preventative maintenance, crack and joint sealing; ao 80 Very Goad = surface treatments, localized repairs 70 Good =surface treatmentsto thin overlays, local panel replacement p Go Fair= 'I'hinto moderate overlays with localizedR&R, = moderate panel replacement ,a C 0 5o IV lark; inal = progressively thicker overlays and patching, w extensive panel replacement E a� ri 40 ' Poor= thicker overlays with patching; possibly with surface removal and replacement 30', 20 _! Very Poor= Full reconstruction 10 0 '.. 0 10 20 30 40 50', Pavement Age in Years Figure 5 — Understanding the Overall Condition Index Score IMS Infrastructure Management Services Denton Report Rev2.doc page 5 13 The divisions between the terms are not fixed and the age at which they occur may vary, but are meant to reflect common perceptions of condition. The OCI ranges and descriptions apply to both asphalt and concrete roadways, however it is important to note they are rated using different distress assessment protocols as defined in ASTM D6433. The general idea of what these condition levels mean with respect to remaining life and typical rehabilitation actions is included in the following table: OCI Range Description Relative Remaining Life Definition 85-100 Excellent 15 to 25 Years Like new condition — little to no maintenance required when new, routine maintenance such as crack and joint sealing with age. 75-85 Very Good 12 to 20 Years Routine maintenance such as patching, crack sealing with surface treatments such as slurries and micro surfacing. 65-75 Good 10 to 15 Years Thin overlay or possible thin overlay with localized repairs. Localized panel replacements. 45-65 Fair to Marginal 7 to 12 Years Progressively thicker overlays with localized repairs and possible subgrade stabilization. Moderate to extensive panel replacements. 30-45 Poor 5 to 10 Years Sections will require very thick overlays, surface replacement, base reconstruction and possible subgrade stabilization. 0-30 Very Poor 0 to 5 Years High percentage of full reconstruction. It should be noted that the relative remaining pavement life presented in the table above is not the same as pavement age presented in Figure 5. Relative remaining pavement life is the timeframe expressed in years, in which a street section will provide acceptable levels of service before a rehabilitation needs to be applied under optimal funding and operating conditions. The relative remaining life can certainly be exceeded with no rehabilitation or maintenance and the pavement allowed to continue to deteriorate until it eventually returns to gravel or is unserviceable. The remaining life may also be extended by effective maintenance activities. Pavement age is the reported time since it was constructed or last had an OCI score of 100. For example, a recently constructed street might have an OCI of 91. Assuming Figure 5 is the appropriate performance curve for the functional classification and subgrade strength, the age of the street may be estimated to be on the order of 5 years old, and its remaining life before it requires a thin overlay is approximately 15 years. The above table using generic terms such as thin, thick or extensive to quantify the pavement rehabilitations. This terminology was used specifically for illustration purposes only as the selected rehabilitations vary between pavement types and functional classification. The actual thickness and type of rehabilitation are defined in Section 3 of this report. IMS Infrastructure Management Services Denton Report Rev2.doc page 6 14 2.0 CITY OF DENTON NETWORK CONDITION AND FINDINGS 2.1 ROADWAY NETWORK SIZE The paved roadway network consists of five functional classes, covering approximately 434.5 centerline miles of pavement. The average overall pavement condition of the roadway network at the time of survey in 2009 was 63. The current OCI due to deterioration during data processing and analysis is 61 (for all intense and purpose these two values are interchangeable). The network has two pavement types - asphalt and concrete, with asphalt being the most predominant. The following table summarizes the functional class - pavement type splits within the system. Classification Pavement Type Length (ft) Length (Mi) Area (ft2) Width (ft) OCI Major Arterial AC Asphalt Concrete 4,242 0.8 203,616 48.0 87 Major Arterial PCC Jointed Concrete 6,484 1.2 311,232 48.0 97 Primary Arterial AC Asphalt Concrete 38,034 7.2 1,441,616 37.9 63 Primary Arterial PCC Jointed Concrete 38,705 7.3 1,378,382 35.6 87 Secondary Arterial AC Asphalt Concrete 253,664 48.0 8,281,458 32.6 51 Secondary Arterial PCC Jointed Concrete 40,027 7.6 1,099,591 27.5 87 Collector AC Asphalt Concrete 390,208 73.9 11,788,863 30.2 50 Collector PCC Jointed Concrete 47,117 8.9 1,691,868 35.9 89 Residential AC Asphalt Concrete 1,058,504 200.5 25,486,406 24.1 52 Residential PCC Jointed Concrete 423,432 80.2 10,193,804 24.1 90 Totals: AC Asphalt Concrete 1,744,652 330.4 47,201,959 52 PCC Jointed Concrete 555,765 105.3 14,674,877 90 All Streets 2,300,417 435.7 61,876,836 61 In addition, from previous surveys, the city also has in its pavement management system the following: Functional Average Classification Length (ft) Length (Mi) Area (ft2) Width (ft) Airport Roads 5,509 1.0 152,772 27.7 Alley 16838 3.2 136,302 8.1 Residential - non surfaced 8060 1.5 203532 25.3 All streets were surveyed on a block by block basis matching the City's current GIS topology. The amount of sections contained in the database differs slightly from the City's last survey in that: 1. New Streets have been added to the network. 2. Numerous segments were subdivided into several shorter sections. 3. Small segments that formed crossovers or offset intersections were rolled into the adjacent section to prevent these short sections from becoming stand alone projects, as shown below. Section 329 -2W1 forms the median crossover - it was surveyed as part of Highview Circle IMS Infrastructure Management Services Denton Report Rev2.doc page 7 15 or Arterial, 2.0, 1% ary Arterial, 14.5, 3% mondary Arterial, 55.6, 13% Figure 6 — Network Split by Functional Classification (miles, %) Figure 7 — Network Split by Pavement Type (miles, %) IMS Infrastructure Management Services Denton Report Rev2.doc page 8 16 2.2 NETWORK PRESENT CONDITION Figure 8, presented below shows distribution of pavement condition for the paved roadway network in the City of Denton on a 0 to 100 scale, 0 being worst and 100 being best condition. The average OCI for the network in 2010 is 61 (63 in 2009). However, the roadway network displays atypical pavement condition characteristics when compared to other agencies of similar size. The three variances of the distribution profile are: 1. The distribution profile is quite flat - typically a more uniform bell shape curve — with a peak centered in the 60 to 65 range is encountered. 2. The City has more streets than typically encountered in similar sized agencies in the 80 plus range. Denton has approximately 32% of its network above an OCI of 80, similar agencies typically have less than 20 to 25% in this range. 3. Conversely there is a higher than expected number of streets in the 50 and below range. Figure 8 — Roadway Network Present Status The atypical distribution of OCI in Denton is indicative of three potential contributing factors: IMS Infrastructure Management Services Denton Report Rev2.doc page 9 17 City's that have experienced rapid growth in a short time frame typically have a moderate to high OCI rating, with higher than normal streets above an 80. The periphery around the City has newer subdivisions, and hence higher rated streets, while the core has an older street network. 2. The distribution is reflective of a network, or large portions of a network, that are relatively moderate in age and have had deferred maintenance efforts over time — hence the high number of streets below 50. 3. Other contributing factors include combinations of weak subgrades with insufficient overlay thickness resulting in premature road failures, and incorporation of roadways that were originally built to lower or insufficient standards for their current use. The following graph (Figure 9) plots the same pavement condition information, but instead of using the actual Overall Condition Index value, descriptive terms are used to classify the roadways. From the chart, 27% of the network can be considered in excellent condition with an OCI score greater than 85. These roads are in like new condition and require routine maintenance such as crack sealing. Nationwide, the amount of roadways falling into the very good category is about 15 %, so this value is considerably higher mainly as a result of the concrete roads within the City. Again, the high number of streets in the excellent category is primarily reflective of newer subdivision streets, and the high percentage of newer concrete roadways and not necessarily an effective pavement rehabilitation program. Figure 9 — Present Status Using Descriptive Terms IMS Infrastructure Management Services Denton Report Rev2.doc page 10 18 8% of the network falls into the very good classification. These are roads that benefit the most from preventative maintenance techniques such as microsurfacing, slurry seals and localized repairs. If left untreated these roadways will drop in quality to become overlay candidates. Streets that fall within 2 to 3 points above the very good rating of 75 (the transition from very good to good) are considered "critical" surface treatment candidates — that is, these streets should be rehabilitated in a timely fashion with a slurry or microsurfacing in order to prevent more costly rehabilitation being required. 23% of the network can be considered in fair or marginal condition, representing candidates for progressively thicker overlay based rehabilitation or panel replacements. If left untreated, they will decline rapidly into reconstruction candidates. The remaining 29% percent of the network is rated as "poor" or "very poor ", meaning these roadways have failed or are past their optimal point for overlay based rehabilitation and may require progressively heavier or thicker forms of rehabilitation (such as surface reconstruction or deep patch and paving) or total reconstruction. Roadways falling progressively into the very poor (OCI less than 30), should be considered the City's "backlog" of immediate work to do. These are the roadways that require rehabilitation efforts, in thicker depths, or reconstruction. Average cities typically have between 12 and 15% of their roads as backlog, so the Denton network is displaying slightly higher values in this regard. 2.3 OCI DISTRIBUTION BY PAVEMENT TYPE Separating and then plotting the OCI by pavement type — that is concrete for all rigid roadways and asphalt for all flexible pavements, reveals considerable difference in distribution of pavement condition between asphalt and concrete roadways. The following plots highlight the OCI distribution of the asphalt paved and concrete networks. Figure 10 — OCI Distribution by Pavement Type = Asphalt IMS Infrastructure Management Services Denton Report Rev2.doc page 11 19 Figure 11 — OCI Distribution by Pavement Type = Concrete Examining the OCI distribution in Figures 10 and 11 indicate the concrete paved roadways display considerably better performance than the asphalt network — both in terms of structural capacity and overall condition. The concrete network (24% of the total network by area, shown in blue in Figure 11 has a higher average OCI (89) with virtually no backlog as compared to the asphalt roadways (OCI = 53) as shown in red in Figure 10. The asphalt backlog exceeds 20 %. The difference between the two pavement types is not to be unexpected. The older and rural portions of the network tend to be asphalt. These two environments also have some of the poorest performing pavements in the City and thus a present and OCI distribution heavily skewed to the left. Conversely, the concrete roadways are generally located in the newer subdivisions and present a higher OCI distribution. Also, concrete roadways tend to deteriorate at a slower rate than asphalt. Thus when compared, two roadways of equal age with similar subgrade conditions and traffic, the concrete road would generally have a higher OCI value over an equivalent asphalt roadway. 2.4 FUNCTIONAL CLASS OCI DISTRIBUTION Figure 12, presented below highlights the OCI distribution (based on OCI weighted by area, not length) by functional classification for all pavement types. As can be seen from the plot, the collector network (representing 22% of the network by area, 19% by length) is in the poorest condition with an average OCI of 55 and a backlog of 18 %. The residential roadway network has an average OCI of 63 with a 14% backlog rate (representing 58% of the network by area, 64% by length), while the arterials have an average OCI of 61 and a backlog of 15 %. IMS Infrastructure Management Services Denton Report Rev2.doc page 12 20 Figure 12 — OCI Distribution by Functional Class 2.5 ARTERIAL STRUCTURAL ANALYSIS Structural testing and analysis was completed on the arterial roadway network using a Falling Weight Deflectometer (FWD). FWD's apply a known load to the pavement and measures the pavement response to the load through a series of geophones. From these results, the structural integrity of the roadway segment may be assessed. The purpose of the structural analysis is threefold, namely: 1. The results are used to identify and report sections with inadequate structural capacity by completing a layer analysis of the subgrade, base and pavement layers. 2. The structural index provides input into which performance curve each segment is to use - performance curves are used to predict pavement deterioration over time. 3. Assists in rehabilitation selection by constraining inadequate pavement sections from receiving too light weight of a rehabilitation. As a pavement ages, its OCI score deteriorates from a potential high of 100 to a lower value until it is rehabilitated — the deterioration is fairly predictable using pavement performance curves based on current IMS Infrastructure Management Services Denton Report Rev2.doc page 13 21 conditions and testing. Along with the drop in OCI, a corresponding decrease in structural capacity (as represented by its Structural Index - SI) also occurs. The following plot (Figure 13) presents the structural adequacy of the arterial roadway network against its average pavement condition, each marker represents one segment of roadway. 100. 4 0a * * �* *� RawrarLwEUmaVOyAdasgars'ta * a* * * *, * ** * uu** * ** � ** * 80 * m .. **. s** * * * * * u 40 g} 60 Idaaiaallra s ulaltlEkr roll . Cu i.uRU..o °a * * .... ..... «� ! rnu:aV hyanV��r�a0�a * * X c * 50 * * 'ar ** 3 * * N 40 .. .. ».. . »�...".» ..... ...? .... as Structure the have a less .l',1 va review 3 v ��...�. �.. �, � * tr * *rx err shaded area need w,:l WraBr�a* * s i;ry �vl� the have * high ws than 75 Stito,tu.raalllly lnadawp,!p,rsatel * * 30 — — — — — — *— Streets below dN4gonal fine are not * achieving frail strrAUwral life * * * 20 * * * *AsphaltPoads * a Concrete Roads 10 .... ..... ..... .... ..... ..... .... ..... ..... .... ..... ....... * * t} a 10 20 30 40 50 60 70 8a 90 100 Overall Condition Index (OCI) Figure 13 — Structural Adequacy of the Major Roadway Network The diagonal blue line in the plot provides an indication of roadway segments that are performing above structural expectations and those that do not provide full structural benefits over the life of the pavement. The large number of roadways falling below the diagonal line indicates the City has a high percentage of roadways that are structurally inadequate. This is typically the result of insufficient base and structural materials during the original construction, or the application of overlays that were too thin during the lifetime of the roadway — these roads have been flagged in the database as having weak subgrade (which may also be indicative of a thin pavement structure). Street segments falling 20 points above the blue line were marked as having strong subgrade, while the remaining were noted as moderate. It should be noted that two segments can have similar OCI values yet have differing subgrade ratings based on their testing results. Once they enter the rehabilitation planning, the Structural Index value would also ensure a thicker overlay or additional localized repairs are applied to the street segment with the lower SI score. IMS Infrastructure Management Services Denton Report Rev2.doc page 14 22 Street segments that have an OCI greater than 75, yet a structural index score less than 75 represent a small number of like new streets that have a low structural index (highlighted in the shaded blue area of figure 13) yet are relatively new in age. The exact cause of low SI score is underdetermined and beyond the scope of this assignment, however, resources permitting, the City may wish to investigate these segments to identify the cause of the low SI through core holes and project level testing. The horizontal green lines highlight the Structural Index ranges used as selection criteria during the budget analysis. The structural adequacy of a road is expressed as a 0 to 100 score with several key ranges: roadways with a Structural Index greater than 75 are deemed to be structurally adequate for the loading and may be treated with lightweight surface treatments or thin overlays; those between 50 and 75 typically reflect roads that require additional pavement thickness; and scores below 50 typically require reconstruction and increased base and pavement thickness. 2.6 LOAD ASSOCIATED DISTRESS ANALYSIS Not all streets had structural testing and analysis completed on them. In order to gauge the subgrade /pavement strength of these segments, an assessment of the quantity of load associated distresses (LAD) was completed. The assessment was also used as a qualifier for rehabilitation selection. Load associated distresses are surface defects that arise for traffic loading and principally include fatigue cracking, rutting and longitudinal cracking. 100 . 9a , ..... ... Overall Condition Index vs Distress Deducts Asphalt Roads Only « 80 . „.„ Load Associated Dishes Deducts 70 °Non-Load Associated [listless Deducts a 60 *• m C] ......... ......... ......... ......... ........ ” " Weak sub lade Strong Subgrade t"90derate ulr ride w�« L �m 40 a 30 w ;fir m a , ,_ o 10 * ° mW a�w ate". Ve 4 " b � s" Asa. � "�E Mrs, 4, 0 0 10 20 30 40 s0 60 70 80 90 Overall Condition Index (OCI) Figure 14 — Load and Non -load Associated Distresses IMS Infrastructure Management Services Denton Report Rev2.doc page 15 23 100 Figure 14 plots the relationship of the load and non -load associated distresses against pavement condition (OCI). The Y axis of the plot is the sum of the distress deducts for either load (red) or non -load (blue) associated distresses. As can be seen from the plot, it is the load associated distresses (red symbols) that affect the overall pavement condition at a higher rate than non -load associated distresses (blue symbols) — the greater the sum of load and non -load associated distresses, the lower the OCI. Closer examination of the surface defects as they relate to the overall pavement condition support the findings of the structural testing. Generally, load associated distresses affect the overall condition score more than non -load associated distresses — and this is the case in Denton. Street segments displaying a low sum of load associated deducts to OCI ratio were deemed to have a strong subgrade (streets falling below the lower black diagonal line), while the remaining were classified as moderate (between the two black diagonal lines) or weak (above the upper black diagonal line) as shown above. It should be noted that two segments can have similar OCI values yet have differing load and non -load associates totals based on the distresses encountered. Similar to the Structural Index value, the sum of the load associated distresses are used to select the performance curve to be used in the pavement modeling and act as a qualifier for rehab selection. Once a segment enters the rehabilitation planning process, the sum of the load associated distresses would ensure a thicker overlay or additional localized repairs are applied to the street segment with the higher LAD amount. 2.7 RECONSTRUCTION BACKLOG Backlog roadways are those that have dropped sufficiently in quality that surface based rehabilitation efforts would no longer prove to be cost efficient and require either partial or total reconstruction. Backlog is expressed as the percentage of roads requiring reconstruction as compared to the network totals. The concept of Overall Condition Index (OCI) score and backlog must be fully understood in order to develop an effective pavement management program. The OCI score indicates the overall pavement condition and represents the amount of equity in the system and is the value most commonly considered when gauging the overall quality of a roadway network. It may also be used to define a desired level of service — that is an agency may wish to develop a pavement management program such that in 5 years the overall network score meets a set minimum value. It is the backlog however, that defines the amount of work an agency is facing and is willing to accept in the future. Further, it is the combination of the two that presents the true picture of the condition of a roadway network, and conversely defines improvement goals. Generally a backlog of 10% to 20% of the overall network is considered manageable from a funding point of view — a target value of less than 15% would be considered ideal as it strikes a balance between economic manageability of the backlog and maximizing services life of each roadway. A backlog below 10 %, while certainly desirable from a service perspective, may represent a non - optimal expenditure of funds if rehabilitation dollars are limited. Backlogs approaching 20% and above tend to become unmanageable unless aggressively checked through larger rehabilitation programs. IMS Infrastructure Management Services Denton Report Rev2.doc page 16 24 Along with the current network average OCI of 61, maintaining the City's current reconstruction backlog at or below 16% may be used as measure of success for ongoing pavement rehabilitation activities. As such, the City must develop strategies on how best to achieve that goal. Options include: • Scheduled — Reactive — Complaint Driven — these three forms of selecting rehabilitation candidates are driven more from external forces than pavement condition and are not recommended for consideration. • Worst First — under this option, the streets are lined up according to their OCI rating and the worst streets are rehabbed first. The primary concern with this option is that unless the City has unlimited funding, deterioration of the network exceeds the City's capability to fund the required rehabilitations. • Prioritization — under this option, streets are assigned user defined priorities and weightings such that when combined with their OCI score, they are rehabbed in order of aggregated priority. Weighting may include items such as functional class, pavetype, environment etc. For example, an agency may select to place more emphasis on asphalt urban arterials over concrete residentials, such that when two streets of similar OCI are considered for selection, the arterial is selected first. This is the process used for Denton. • Prioritization — Optimization — using the priorities defined above, this option takes into account expenditure of monies to obtain the maximum benefits for the agency. The City's Cartegraph software has limited optimization capabilities. The City of Denton needs to develop a plan that accomplished three primary objectives 1. Check the deterioration of the roads in the "poor" and "marginal" ratings from becoming full rehabilitation candidates. If allowed to slide, these streets may potentially overwhelm the City's ability to reconstruct them within a relatively short time frame. 2. Maintain the streets in the "good" and "very good" ratings through early intervention with lightweight overlays and surface treatments. While it may seem counter - intuitive to address streets with such high ratings over reconstructs, from a long -term cost benefit perspective, it provides greater return for the City (this is referred to as partial optimization). 3. As funding permits, address the backlog of reconstruction candidates. These streets receive a lower priority for two reasons, firstly these street sections have already reached their useful life, thus deferring rehabilitation will not cause further deterioration and hence costs. Secondly, the cost to rehab these street sections is on an order of magnitude greater than a light weight overlay or surface treatment — given limited funds, the network overall receives a greater benefit by rehabbing more streets with a lighter rehab than a select few at a much higher unit rate. Section 3.0 of this report details the priorities developed for rehabilitation analysis recommended for Denton. IMS Infrastructure Management Services Denton Report Rev2.doc page 17 25 3.0 REHABILITATION PLAN AND BUDGET DEVELOPMENT 3.1 KEY ANALYSIS SET POINTS Pavement management system requires user inputs (referred to as operating parameters) in order to complete its condition forecasting and develop a prioritized rehabilitation plan. Key operating parameters used in the 2010 analysis are as follows: • Pavement Performance Curves — the pavement performance curves were modified to reflect the current OCI distribution and results of the deflection and load analysis. Curves were developed for each functional class — pavement type combination and separated in weak, moderate and strong subgrade classifications. At the request of the city, based on local experience resulting from early failures of pavements, the weak curves were adjusted slightly to reflect overlay based rehabilitation lifecycles as short as 10 years in place of curves that had extended out to 14 years. Sample curves for asphalt pavements with moderate strength subgrades are presented in Figure 15. 100 4 80 U 70 O X W 60 c c a 50 c a t.r 40 a� a O 30 20 10 0 0 5 10 15 20 25 30 35 40 45 50 Time (Years) Figure 15 — ACP Performance Curves for Moderate Subgrades Performance curves for weak subgrades shift the curves to the left (steeper), while strong subgrades flatten out the curves and shift them to the right. The curves used for this analysis were developed using the 2009- 2010 data collection protocols and distribution. IMS Infrastructure Management Services Denton Report Rev2.doc page 18 26 The current performance curves do not relate to the 2004 analysis in that the OCI distribution has changed considerably and the concept of subgrade strength has been introduced. Four critical aspects of the 2004 curves require updating: 1. The 2004 asphalt curves for arterial, collector and residential roadways had OCI drops of 20 to 25 points in the first 5 years of their life cycle, as well as 50 point drops in the last 7 years of the life — neither of these configurations are appropriate for the current OCI distribution. Similarly, all concrete curves drop 50 points in 5 years once they are below an OCI of 50. 2. The asphalt curve for urban residentials had no deterioration between years 10 and 15, while the rural residentials had no deterioration between years 4 and 7. Concrete curves for urban residentials (both continuous and jointed) and continuous collector also have flat curves for between 5 and 9 years duration. One of the basic premises of pavement management is that all streets are subject to deterioration throughout their life cycle. 3. All asphalt curves had no life past 28 years (20 years for rural residentials up to 28 for urban residentials), while all concrete curves terminated at either 40 or 45 years. 4. Once the curves are merged with the rehabilitation OCI limits, asphalt roadways below an OCI of 60 have no rehabilitation option except for reconstruction. The basic shape of the curves follows traditional sigmoidal performance models such as those contained in MicroPaver with several key changes: • Between OCI values of 95 and 100 there is a slight deflection in the curves. This was introduced to balance field measurements against theoretical values for new streets. On new pavements, roughness measurements rarely reflect a perfect 100 - meaning there is always some inherent roughness using Class I profilometers. Within 5 years, roughness measurements and theoretical models tend to align closer and thus without the small deflection, the curves would have an OCI intercept on the order 97. • Depending on the subgrade strength, the curves were designed to have post rehab overlay cycles ranging from 10 years (weak arterials) to 20 years (strong residentials). • The Full Reconstruction limit was designed to match the City's life cycle experience and OCI distribution. In the above example, the curves were designed to have ultimate life cycles of 30, 35 and 41 years for arterials, collectors and residential roadways respectively ultimate life cycle is where a road that is not subject to rehab or maintenance cross the full reconstruction OCI limit of 30. This is not meant to imply all roads stop functioning at an OCI of 30, but rather they have reached their useful life and are now candidates for reconstruction. • The curves were set to be asymptotic to age to reflect the residual value of the roadway itself — meaning they continue to exist and never have a modeled OCI value of 0. Similar curves were created for concrete pavements. All curves are contained within the software and appended to this report. IMS Infrastructure Management Services Denton Report Rev2.doc page 19 27 • Priority Weighting Factors — establishment of user defined weighting factors are required in order for the software to develop a listing of rehabilitation candidates that annual budget may be applied against in order to develop a prioritized rehabilitation plan. Key weighting factors used in the Denton analysis include: Functional Classification: Principal Arterial 100 Secondary Arterial 90 Major Arterial 85 Collector 80 Residential 65 Pavement Type: Asphalt 100 Concrete 90 Environment: Urban 100 Rural 90 Once combined, the priorities have the affect of selecting higher functional classes that are asphalt and urban over other roadways. Once combined with the OCI scores, the priorities were designed to direct monies to the higher functional classes and overlay /slab replacement based rehabilitations. The priorities were modified from the 2004 to reflect the current OCI distribution by functional class and pavetype. The environment priority factor was introduced as a new concept to balance the population density of urban versus rural environments — meaning urban road benefit more users. • Post Rehab OCI — after a rehabilitation is completed an OCI score is assigned to reflect the improved conditions. The post rehab OCI is a fixed value based on the rehab activity. This method was selected over the alternate of adding a set number of points to the current OCI value as it more accurately reflects actual field activities — that is assuming all rehabs are completed according to project level testing and analysis design. Post rehab OCI values range from 92 for surface treatments through to 100 for full reconstruction. For example, let's assume a street requires a thin overlay. The basic premise of pavement management is that the rehab completed on a street is designed and executed such that a goal of near perfect restoration is attained — meaning the street returns to a near perfect OCI of 96 to 98. The rehabilitations and analysis programmed into the software take into account subgrade strength and variable distress conditions within each rehabilitation zone, and assigns additional funding for streets with lower strengths and /or higher amounts of distress. Thus, regardless of whether the thin overlay starts at a 65 or 75, sufficient field work is completed (and funds provided) to return it to a 96 to 98 OCI. In the case where sub - standard rehabs are applied — IMS Infrastructure Management Services Denton Report Rev2.doc page 20 28 such as a slurry seal on a street with an OCI of 30, when the data base is manually updated, it is expected the OCI would be overridden to reflect the substandard work. In the above example, using the fixed gain approach to post rehab OCI values, the street with an OCI of 75 would bump up 20 points to say a 95, while the street with an OCI of 65 would only achieve an 85 - in which the basic question of why do the work to only restore it to an 85 would need to be asked. • Structural Analysis - Structural index (arterials) and sum of load associated deducts (collectors and residential) values are now used in the rehab selection process - basically these criteria act as additional qualifies to the OCI based selection and result in the addition of local remove and replace (RR) costs in the unit rate. A print out of the full rehab selection criteria for each rehab option is appended to this report (they are quite detailed and not overly easy to read). • Rehabilitation Strategies and Unit Rates - The rehab strategies, unit rates and OCI ranges were modified to reflect current city practices and OCI distribution, as well as availability or structural analysis. The following table summarizes the asphalt rehab strategies, unit rates and selection criteria (OCI range and /or structural /load analysis). The number designations following the primary rehab name and the term "+ RR" (short for remove and replace) is used to reflect that an increased amount of preparation may be required as a result of the structural analysis and thus increase the rehabilitation cost. Cartegraph requires separate names for each OCI and Structural Index /LAD combination - hence the addition of the 1,2,3 designators. OCI Range I SlrtRange I LAD R nge I Unit Rates ($Nd2) 6 Z3 ° ° I C I 5 g ACP Rehab Surf Trtmt 1 (Slurry) ACP 92 75 85 75 100 0 10 4.25 4.50 4.75 Surf Trtmt 2 + RR (Micro) ACP 92 75 85 60 75 10 20 4.75 5.00 5.25 Surf Trtmt 3 + RR (Micro) ACP 92 65 75 75 100 0 10 5.25 5.50 5.75 Thin Olay 1 ACP 2" 95 75 85 0 60 20 100 22.00 23.00 24.00 Thin Olay 2 ACP 2" 95 65 75 60 75 10 30 22.00 23.00 24.00 Thin Olay 3 + RR ACP 2" 95 65 75 45 60 30 100 23.00 24.00 25.00 Thin Olay 4 + RR ACP 2" 95 55 65 75 100 0 20 24.00 25.00 26.00 Moderate Olay 1 ACP Y 96 55 65 60 75 20 40 26.00 27.00 28.00 Moderate Olay 2 + RR ACP Y 96 55 65 45 60 40 100 27.00 28.00 29.00 Moderate Olay 3 + RR ACP Y 96 45 55 75 100 0 30 28.00 29.00 30.00 Moderate Olay 4 + RR ACP Y 96 65 75 0 45 30.50 Moderate Olay 5 + RR ACP Y 96 30 45 75 100 31.00 Thick Olay 1 ACP 4" 97 45 55 60 75 30 50 30.00 31.00 32.00 Thick Olay 2 + RR ACP Y 97 45 55 45 60 50 100 31.00 32.00 33.00 Thick Olay 3 + RR2 ACP Y 97 30 45 60 75 0 40 32.00 33.00 34.00 Thick Olay 4 + RR2 ACP Y 97 55 65 0 45 34.00 Partial Recon 1 ACP 98 30 45 45 60 40 75 35.00 40.00 45.00 Partial Recon 2 ACP 98 45 55 0 45 45.00 Full Recon 1 ACP 100 30 45 0 45 75 100 45.00 55.00 65.00 Full Recon 2 ACP 100 0 30 0 100 0 100 45.00 55.00 65.00 IMS Infrastructure Management Services Denton Report Rev2.doc page 21 29 The following table presents the rehabilitation strategies for concrete roadways. In place of load associated distress analysis being used as a qualifier for residential and collector roadways, surface distress conditions were included in the selection process. OCI Range SI Range SDI Unit Rates $Nd2 O O N y N U) PCC Rehab Local R &R/Cracksealing PCC 92 75 85 70 100 65 100 2.50 2.75 3.00 Localized PNL Rplcmnt 1 PCC < 2% 95 75 85 0 70 0 65 6.75 7.00 7.25 Localized PNL Rplcmnt 2 PCC < 2% 95 65 75 70 100 50 100 7.25 7.50 7.75 Moderate PNL Rplcmnt 1 PCC < 5% 96 65 75 0 70 0 50 10.25 14.00 17.75 Moderate PNL Rplcmnt 2 PCC < 5% 96 45 65 70 100 40 100 11.25 15.00 18.75 Extensive PNL Rplcmnt 1 PCC < 10% 97 45 65 50 70 0 40 16.75 23.00 29.25 Extensive PNL Rplcmnt 2 PCC < 10% 97 30 45 70 100 30 100 18.75 25.00 31.25 Partial Recon 1 PCC 98 45 65 0 50 7100 Partial Recon 2 PCC 98 30 45 0 70 0 30 46.75 62.50 78.00 Partial Recon 3 PCC 98 0 30 50 100 8100 Full Recon 1 PCC 100 0 30 0 50 0 100 75.00 100.00 125.00 The rehabilitation strategies have been enhanced from the 2004 analysis in that: 1. They incorporate strength (for arterials — asphalt and concrete) and load associated distress (asphalt collectors and residentials) constraints for asphalt roadways and do not just rely on OCI values. By introducing the concept of selection based on PCI and either a structural constraint or load associated distress constraint, the rehab strategy selection may be fine tuned to the actual needs of the pavement based on its performance and distress profile. 2. The current rehabilitation options recognize that if a roadway has a strong subgrade (or pavement structure), or low amount of load associated distresses, it can receive a lighter rehabilitation. Conversely, the rehab selection methodology prevents strategies that may possibly be too light from being applied. 3. The rehabilitation strategies provide a continuous spectrum of every increasing rehabilitation options as the OCI value drops over time. In the 2004 analysis, once a roadway passed an OCI of 60, its only rehabilitation option was full reconstruction, and then selected again for a surface treatment within 5 years. By incorporating a full spectrum of rehab strategies, streets may be intercepted earlier and their life cycle extended before a full reconstruction is required. IMS Infrastructure Management Services Denton Report Rev2.doc page 22 30 3.2 FIX ALL TODAY ESTIMATE AND STEADY STATE The Fix All Today total is the theoretical value to rehabilitate all streets in the network to an OCI value approaching 100. The Fix All Today estimate is developed by manually applying the appropriate rehab and unit rate to each street segment and then totaling up the results. The estimate ignores time, deterioration and inflation as it is a theoretical exercise used to estimate the total dollar value deficiency in the network. The Fix All Today estimate for Denton is approximately $157M broken down as follows: Pavement Rehabilitation Fix All ($) Asphalt Full Reconstruction 55,887,000 Asphalt Partial Reconstruction 36,771,000 Asphalt Thick Overlay 21,782,000 Asphalt Moderate Overlay 21,948,000 Asphalt Thin Overlay 17,193,000 Asphalt Surface Treatment 2,307,000 Asphalt Routine Maintenance 268,000 Concrete Full Reconstruction 0 Concrete Partial Reconstruction 50,000 Concrete Extensive Panel Replacement 6,000 Concrete Moderate Panel Replacement 23,000 Concrete Localized Panel Replacement 88,000 Concrete Localized R &R 501,000 Concrete Routine Maintenance 870,000 Totals 157,694,000 The main functions of examining the Fix All Today estimate is to identify the upper ceiling of rehabilitation costs the network may require as well be used as a quality control check against the analysis using the Cartegraph application. For example, the fix all total for Denton is estimated at $157M and annual amount to maintain the OCI at 63 is estimated at $10.1 M per year (as discussed in Section 3.3). Dividing the $157M by $10.1 /year yields an approximate 15.5 year rehabilitation cycle which is deemed reasonable and within acceptable limits. If the steady state analysis using the pavement management system resulted in annual budget of $20M, this would result in a 6 year rehab cycle ($125M / $20M = 6.25 years), which would then raise concerns as it is far too short and outside acceptable norms. The Denton Fix All Today rehabilitation activities breakdown as follows: Activity Fix All ($) % Typical Range ACP Reconstructs 55,887,000 35.4 25-50 Progressively Thicker Olays 80,501,000 51.0 50-75 Surface Treatemts to Thin Olays 19,500,000 12.4 10-15 Routine Maintenance 1,138,000 0.7 1 -5 PCC Rehab 668,000 0.4 Totals 157,694,000 100 IMS Infrastructure Management Services Denton Report Rev2.doc page 23 31 3.3 RULE OF THUMB ESTIMATES FOR MAINTAINING OCI = 63 Two methodologies exist for estimating the annual cost to maintain the 2009 network OCI at 63. Both methods are completed external to the software and are simply used to develop a better understanding of the needs of the system and as a quick check of the Cartegraph based analysis results. • Method #1 — Network Averaging: Under this method the selected rehabilitation is based on the network average OCI and a mid range life cycle and unit rate applied. For Denton, the average annual cost to maintain the current OCI is estimated as follows: 2009 Network OCI: 63 Average Rehab Based on OCI: Moderate Overlay Mid Range Overlay Unit Rate ($ /ft2): 3.00 Average Life Cycle for an Overlay (years) 17.5 Percentage of network completed each year (= 1/17.5 * 100): 5.7 Total Network Area (ft2): 62,000,000 Area Completed Each Year (ft2): 3,543,000 Estimated Annual Cost ($): 10,600,000 The results of the network averaging provide only a ballpark estimate (+ / - $1 M at best) as it assumes all streets perform in a similar fashion and treats asphalt and concrete streets the same. • Method #2 — Fix All Life Cycle Analysis: Under this option, the Fix All Today estimate developed in Section 3.2 for each street segment is divided by the expected life cycle for the applied rehabilitation and the entire network summed up. For example, a street segment may require a thin overlay for a cost of $114,000 and have an anticipated life cycle of 11 years. Its annual contribution to maintaining the current OCI is then estimated by dividing the total rehab cost by the life cycle, or in this case $114,000 / 11 years = $10,360 /year. The cost to maintain an OCI = to 63 is estimated as follows: Pavement Rehabilitation Fix All ($) Fix All Life Cycle Contribution ($ /yr) Asphalt Full Reconstruction 55,887,000 1,863,000 Asphalt Partial Reconstruction 36,771,000 1,471,000 Asphalt Thick Overlay 21,782,000 1,452,000 Asphalt Moderate Overlay 21,948,000 1,829,000 Asphalt Thin Overlay 17,193,000 1,433,000 Asphalt Surface Treatment 2,307,000 769,000 Asphalt Routine Maintenance 268,000 268,000 Concrete Full Reconstruction 0 0 Concrete Partial Reconstruction 50,000 2,000 Concrete Extensive Panel Replacement 6,000 1,000 Concrete Moderate Panel Replacement 23,000 2,000 Concrete Localized Panel Replacement 88,000 7,000 Concrete Localized R &R 501,000 167,000 Concrete Routine Maintenance 870,000 870,000 Totals 157,694,000 10,134,000 IMS Infrastructure Management Services Denton Report Rev2.doc page 24 32 Methodology #2 is slightly more accurate as it separates asphalt from concrete and recognizes need on a street by street basis. From these two estimates, the cost to maintain the OCI at 63 may be estimated to be on the order of $10.0 to $11.OM annually. 3.4 NETWORK BUDGET ANALYSIS MODELS A total of 7 budget runs or models were ran in order to fine -tune the recommendations for City of Denton roadway network. The budgets were based on the following scenarios: Unlimited budget — similar to the Fix All Today assessment, the unlimited budget assumes the City has unlimited funding over 5 years and takes into account network deterioration and allows repeat rehabilitations to occur. The Unlimited budget will never raise the OCI to a perfect 100 as it is mathematical impossibility due to the fact that streets are only rehabbed as they become a need which starts at an OCI of 85 (meaning streets are allowed to deteriorate from a 100 to an 85 before rehabilitation occurs and thus the average can never be 100). Also not all rehabs results in a perfect 100. As mentioned in Section 3.1 post rehab OCI's range from 92 to 100. What the unlimited budget does is rehab each street as it becomes a need and identifies the theoretical maximum value the City would ever spend. It is always on the same order of magnitude as the Fix All estimate but never equal. The unlimited funding budget is approximately $30M /year or a total of $150M and raises the OCI to a peak of 92 and then deteriorates to an 87 over the next 4 years as street segments wait for their next rehabilitation. Do Nothing option — this analysis run highlights the detrimental effect of spending no capital funding on the roadway network. The network OCI would drop from a 2009 value of 63 to 52 at the end of 5 years. The Do nothing option is run in order to identify equity being removed from the system due to deferring of rehabilitation activities. 5 year Budget runs of $2M, $4M, $8M, $10M and $16M. Under these scenarios, streets are selected according to their priority and then scheduled as funding becomes available. 5 analysis runs we completed examining the current $3.2M annual funding level as requested by the City, plus an additional 5 runs to maintain the current OCI . The results of these runs are discussed in Section 3.5 1 Run to target an OCI of 69 over 5 years. This is also discussed in Section 3.5. The results of the analysis are summarized in Figure 16. The X axis highlights the annual budget, while the Y axis plots the 5 year —post rehab network average OCI value. The diagonal green line is the resultant network OCI value for any given annual budget (the same amount spent each year for 5 years). The plot may be used to interpolate between analysis runs amounts to fine tune budgets and desired level of service targets. For example, to maintain the 2009 OCI of 63, an annual budget of approximately $10.3M would be required. To target OCI's of 65 or 70, budgets of $11.7M and $16.OM annually would be required. Also, Figure 16 provides a quick reference to the "what if" question of what would happen to the network if the budgets were raised or lowered by a fixed amount without having to re -run the models. IMS Infrastructure Management Services Denton Report Rev2.doc page 25 33 Please note, Figure 16 is plotting the network average OCI after 5 years of rehab have been completed against annual budget amounts. Figure 16 does not provide a year by year trace of the network OCI (that is contained in Figure 17). All plots use an OCI starting point of 63 as measured in 2009. The current OCI in 2010 is estimated at 61. Figure 16 —5 Year Post Rehab Network OCI Analysis Results Figure 17 presents the same analysis results on an annual basis. In this plot, the X Axis is now the analysis year, and the Y axis the network average OCI for each year of the analysis. The plot lines are the year by year network average OCI. The Unlimited budget contains a large jump in OCI followed by a gradual decline. This is how an unlimited budget is supposed to look. In year one, it rehabilitates every street that is a need — essentially it fixes all streets below an OCI of 85. In the subsequent years, it rehabs only those streets that drop below an 85. It does not return each street to a perfect 100 in each year of the analysis. IMS Infrastructure Management Services Denton Report Rev2.doc page 26 34 Figure 17 —5 Year Annual OCI By examining the differences between the various budgets and OCI results, the benefits of maintaining the system at its current level of service may be compared against letting the system deteriorate and then attempting to rebuild it (essentially the cost of the Do Nothing option in terms of returning the system back to its original OCI). The amount of cost savings for Denton may be estimated at: 1. The Unlimited budget raises the OCI from 63 to a peak of 92 and costs approximately $160M or $5.5M per point increase (63 = starting OCI, 92 = Final OCI, $160M / (92 -63) _ $5.5M per OCI point raised). 2. The $10.01V! annual budget maintains the OCI at 63 and invests approximately $50M over 5 years. 3. The do nothing drops the OCI from 63 to 52 for an 11 point OCI drop. At $5.5M per point (as developed in item 1. above) this equates to $60M being required to return the system to an OCI of 63. (63 -52) x $5.5 /pt = $60M 4. The cost to maintain the system on an annual basis therefore $10M dollars less than letting it deteriorate and then attempting to rebuild the network ($60M - $50M = $10M). IMS Infrastructure Management Services Denton Report Rev2.doc page 27 35 Selecting the steady state budget a budget of $10.OM, the following OCI distributions may be plotted after 5 years of rehab effort against the current network profile OCI: Figure 18 — OCI Distribution after 5 Years at $8.OM and $12.OM /year The plot also presents the effects of the Do Nothing option. As can be seen from the plot, at $10.OM annually, the growth in backlog has been virtually checked, in addition to a considerable drop in streets rated as poor through fair. A significant increase in the excellent and very good streets is the most notable affect of this budget option. The City may consider altering the priority strategies to put slightly more emphasis on reconstruction in order to lower the Very Poor percentage below the final result of 17% (the $10.OM hit dual targets of maintaining the OCI and backlog, however locally, the people of Denton may want to decrease the backlog at the expense of OCI — this the purpose of the City taking over the pavement management system so they complete unlimited analysis runs to investigate a wide array of "what if' options). IMS Infrastructure Management Services Denton Report Rev2.doc page 28 36 3.5 CURRENT FUNDING AND MAINTAIN EXISTING OCI MODEL RUNS The City requested analysis options based on the current funding level of $3.2M annually and certain restrictions on spending. Figure 15 discussed earlier indicates that at $3.2M unconstrained a 5 year post rehab OCI value of 54 would be maintained. The following analysis runs were examined: $3.2M Apportioned - Restricting funds proportionally to the splits identified in Fix All estimate discussed in Section 3.2. 2. $3.2M No Reconstructs - Restricting funds with a best first approach using no reconstructs, the only rehabs used surface treatments and overlays. 3. $3.2M Worst First - Restricting funds with a worst first approach using no surface treatments or overlays, the only rehabs used are reconstructs based upon worst OCI first. 4. $3.2M Arterials and Collectors - Restricting funds proportionally to the Fix All estimate but also restricting them to Arterials and Collectors only. 5. $3.2M — Residentials Only - Restricting funds proportionally to the Fix All estimate but also restricting them to Residential streets only. The results of the analysis are summarized in the following table: At a funding limit of $3.2M annually, the best estimate for the OCI value is a drop from 63 (as measured in 2009) to on the order of 54 to 55 in 5 years. However, it is the amount of backlog of reconstruction that is the primary concern as it has the potential to increase from a manageable 16% to a minimum of 26 %. The column titled Backlog Cost Estimate ($M) attempts to put a dollar value on rehabilitating all streets that fall below an OCI of 30. The cost ranges from $95M to $114 depending on the strategy used. The City also request a series of analysis runs investigating the costs to maintain the OCI at its current level — for these runs a starting OCI of 61 was used. The same 5 analysis runs described above were considered. The results are as follows: IMS Infrastructure Management Services Denton Report Rev2.doc page 29 37 U d tM O N m O R o V a m aM o Y Q Description ,LO ,L V m 3.2 1 Rehabs Apportioned to Fix All 55 26 98 3.2 2 No Reconstructs 52 30 114 3.2 3 Worst First - Reconstructs Only 54 26 98 3.2 4 Arterials and Collectors Only 54 26 98 3.2 5 Residentials Only 55 25 95 At a funding limit of $3.2M annually, the best estimate for the OCI value is a drop from 63 (as measured in 2009) to on the order of 54 to 55 in 5 years. However, it is the amount of backlog of reconstruction that is the primary concern as it has the potential to increase from a manageable 16% to a minimum of 26 %. The column titled Backlog Cost Estimate ($M) attempts to put a dollar value on rehabilitating all streets that fall below an OCI of 30. The cost ranges from $95M to $114 depending on the strategy used. The City also request a series of analysis runs investigating the costs to maintain the OCI at its current level — for these runs a starting OCI of 61 was used. The same 5 analysis runs described above were considered. The results are as follows: IMS Infrastructure Management Services Denton Report Rev2.doc page 29 37 From the above, it is apparent a budget of slightly more than $8.2M will be required to target an OCI of 61, however the backlog does increase (the Cartegraph software can only target one of the two requirements and not both). As discussed in Section 3.4, $10.0 annually is required to check the growth in backlog and target an OCI of 63. Analysis Runs #2 and #3 have misleading results. By eliminating reconstructs as a rehab option, the software recycles pavements before they need to in order to maintain the target OCI value, thus wasting money on needless overlays — by eliminating recycling of projects, the actual budget would be on the order of $8.5M. A final run targeting an OCI of 69 was also completed. At an annual budget amount of $15.OM, a 5 year post rehab OCI of 69 with a backlog of 11 % can be achieved. The results of the analysis runs discussed in Section 3.5 are provided in electronic format and are not appended to this report. IMS Infrastructure Management Services Denton Report Rev2.doc page 30 38 O t O N m O R V a m co o Y a Description LO L V m 8.2 1 Rehabs Apportioned to Fix All 61 19 72 28.0 2 No Reconstructs 60 26 98 28.0 3 Worst First - Reconstructs Only 60 19 72 8.2 4 Arterials and Collectors Only 60 19 72 7.0 5 Residentials Only 61 19 72 15.0 No restrictions 69 11 42 From the above, it is apparent a budget of slightly more than $8.2M will be required to target an OCI of 61, however the backlog does increase (the Cartegraph software can only target one of the two requirements and not both). As discussed in Section 3.4, $10.0 annually is required to check the growth in backlog and target an OCI of 63. Analysis Runs #2 and #3 have misleading results. By eliminating reconstructs as a rehab option, the software recycles pavements before they need to in order to maintain the target OCI value, thus wasting money on needless overlays — by eliminating recycling of projects, the actual budget would be on the order of $8.5M. A final run targeting an OCI of 69 was also completed. At an annual budget amount of $15.OM, a 5 year post rehab OCI of 69 with a backlog of 11 % can be achieved. The results of the analysis runs discussed in Section 3.5 are provided in electronic format and are not appended to this report. IMS Infrastructure Management Services Denton Report Rev2.doc page 30 38 3.6 NETWORK RECOMMENDATIONS AND COMMENTS The following recommendations are presented to City of Denton as an output from the pavement analysis, and must be read in conjunction with the attached reports. The City should adopt a policy statement selecting a fixed target for network level of service and acceptable amount of backlog. We suggest an OCI target of 65 to 70, with less than 20% backlog. The 65 to 70 range was selected as the target for two primary reasons: On average an OCI of 65 to 70 is generally accompanied by a backlog of 15% - thus providing a high level of service with a manageable backlog. And secondly, an OCI of 65 to 70 provides the travel public with a relatively good roadway network and an economic balance between pavement expenditures and service life (at an OCI of 65, pavements are just entering the steepest part of their deterioration curve). An annual budget dedicated to roadway rehabilitation of $12.0 to $16.OM is required to achieve this goal. A budget of $15M will achieve an OCI of 69. 2. A budget of $10.OM would maintain the OCI at 63 with 17% backlog — that is it would maintain a steady state level of service. 3. An annual budget of $3.2M will result in a network OCI of 55 with 26% backlog. Applying current priorities and pavement management principles to an agency that is this severely underfunded does not produce a satisfactory pavement management plan — all it does is delay the inevitable. 4. One potential to attempt to defer the decline in condition is to adopt a policy of applying substandard rehabs to all roadways. The plan would be to crack seal, patch and slurry all roadways with the intent of gaining 4 to 5 years in which to secure adequate funding. This approach can only be done once and afterwards, full rehabilitations need to be implemented otherwise the roadways will continue to deteriorate at an accelerated rate. 5. The full suite of proposed rehabilitation strategies should be reviewed prior to finalization of these budgets, and then again annually as they can have a large effect on the analysis. Current asphalt pavements focus on full depth paving. Based on the results of the structural testing, subgrade removal and replacement and stabilization, along with granular base may possibly facilitate long rehabilitation cycles for the city. 6. Compliance with the Americans with Disabilities Act is required on all roadway rehabilitation projects including: the provision of para -ramps at all crosswalks, minimum of 30 inch obstruction free clearance along all sidewalks, and a maximum of 1 inch lip of asphalt above the curb line. 7. The City should consider integrating their pavement management capabilities with other business functions relating to roadway performance including: • Enhanced roadway construction inspection, testing, acceptance and long term performance monitoring. • Mix designs, structural design, materials and construction specifications. • Data management for GIS updating and passing data from GIS to pavement management including acceptance dates. IMS Infrastructure Management Services Denton Report Rev2.doc page 31 39 N�N • N N� • N O � w 4� Q O p� O •N Qo� O N '�V N�N • N N� • N W Lr> (J) C%4 Lo c 040 O 4) 0 0 0 0 0 0 0 0 IL CL > A;! lent) ;UOWOAcd 4) c cz cn Vl CA 0 C� co 0 0 tU Cli ZT LIE w II LL STI E CL CL 0 m C > 0 > 0 4; a 0 CL 0 0 CL 0 CL UOIJ! PUO:) IUZ)LU;DAt?d Q LL 0 CL 0 It VY tLl o I 00 LA 00 w a m Ln 'S3 = °y° � �' rre M 0 Ql O vy C7 u•.. � eajV Aq NJOAAlaN Ica agelUD:UDd F5 y 0 o to o x crs a� -a c c� 0 a 4t ru 0 4- 0 m s �u MM eajv Aq NJOAAIDN JO awe luDDJad CD CD 0 U x z u Oo -0 — 0 Lr) C) 00 0 \ 0 0 0 � 0 Lr) �2, x "a c c 0 LL c 0 M LA 0 Ln LO 0 Lt) 0 0 0 4-1 22, 0 0 eeiv Aq IJOM49N P 92e;U9�Jad r. � L �>1 U = MAIR F.; Q L LL 0 U x LL 0 m a E m a 0 0 0 0 0 +� C U C 0 0 0 0 0 0 0 0 o o o o 00 Oo C O O O U C M a) fy N 0) CO � C CO I� In N M O 00 0 m I.l� Cl) 00 (o 0 CO O O C 0 N r r r r r 0 0 0 0 0 0 0 0 0 0 0 0 00 I- — N 00 CO ti 0 00 11- 00 d' O 0 00 00 I- f� 0) T- CO 0 Lo CO T- T- ti N N LO CO N N T- C O C O +� C > C +� C U C U 0 >I (0 - >I E «i C (n c i N O m L m +, CO 4- C C O O O U C Q a) a) fy U (� N U � C ry N T- 0 N (0 `� + 0 m I.l� Cl) 00 (n 0 CO O O C 0 fy Fo Fo Fo Fo Fo Fo co Q Q Q Q Q Q Q IMMIM 0 0 0 0 0 0 0 O 0 M O r 0 °o to ti LO T- T 0 N 000000 C C C 00 0 0 0 0 0 0 N 0 0 0 0 0 0 00000 O U O U U C V U U U U � 0 C N T- N N CO N 0 0� I.l� Cl) 00 T- 00 0 0 0 0 0 0 0 O 0 M O r 0 °o to ti LO T- T 0 N 000000 C C C 0000000 N O N N C E E E N N C p 00 O U N U O U U C V U U U U U U C C aQa06c C C C O 0 0� I.l� Cl) 00 LL 0 CO O O I.f� C 0 ~ N N 00 � n n U 00 0 0 0 0 0 0 0 O 0 M O r 0 °o to ti LO T- T 0 N 000000 C C C N O N N C E E E N N C p O + O U N U O U U C V U U U U U U C C aQa06c C C C C 0 0 I.l� NN I.1� LL 0 CO O c I.f� C N N � n n U C O LL «i c N ry O W � J 0 0 0 0 0 0 0 O 0 M O r 0 °o to ti LO T- T 0 N 000000 N N N N N N N U U U U U U U C C C C C C C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 M O r 0 °o to ti LO T- T 0 N C-4 uj vi XBW Q Lc) a a cl 0 U < vi UIW -i M 4) Is XBW Q Q Lo Lc) Lf) Q Q 0 Is UIW r- 0 w w v v 130 XBW r- w 0 w v v 130 UIW r- 0 0 v v m m 0 2 2 0 0 Lm 0 o �d o �d -0 u u ;E 0 LO O LO O LO O LO O co m N N eeid Aq )VOMIeN 10 96e;u8Oa8d c° m° U O W ob 'o O O 00 CD O LO O O (D Lo s U O_ X d L CO .F O O LL L O U L �Lo O �O c� LO G Ln O 0-0 ° M O ° M i O ° C o c o C o c o O O O O 4 IA O t0 O O N O 00 LA 1- O .-i v- L N �-I V-1 V-1 vi- vi- O O O 00 Ln 1 4A. O O O 00 00 1 4A. C o c o C o c o Coco Ol O v4 Ln N 0) qc* W e-1 v-1 N N O O O 0) 0) N N O O O 0) 0) 0) N M O O O O M e-1 O O O O M O O 00 00 T-I Oi I- Oi V-1 w N O T-I N 0 Ln 00 01 00 M 0) M M w 00 N M �D d' 01 d' N M O d1 O O N L s d' O M O O N cv O L cc a o0 Lo rn 0 OEM tA 0 0 O 0 0 0 0 0 0 0 0 0 M 00 0 O O 0 0 0 0 0 0 CLM dt I- O M lD N N O Lfi O Ln O Ln O rH O d' O 00 Ln 0 Q) M d' d I- r- r- Cl 0) rd U Lm U=J Vic X X 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q N M x 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 0 0 Lfi 0 0 d' 0 oo 00 0) Q1 Ql 00 00 d' (,� d' I, M rH N o0 00 N d' O 00 O N r-1 00 00 d' I, M r-1 o0 Q1 M 00 r-1 N 0) 00 0 0 O CD d I� d O Ln M Ln Lfi to 00 Ln 00 Lo M to I- 00 to 00 I- 00 W Cl Cl Cl O 1 N 1 M 1 M 1 rH O iJ} iJ} 4.n 4.n 4.n t/} v)- t/} t1} to v1 t1} t1} r- r- r- r- N Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a1 0 M 0 Ln rH I- rH 00 rH M r-1 I- wt 00 I- O Lfi N 0) d' M N 00 d' 00 I- r- d 00 I- d O N O O W d' ++ 4% 00 Lo r-i N <j' Ol Ln I- 00 �o Ln M 00 M 00 N w 00 0) N I- N rH M 00 m r-i m 00 m w m w Lo Ln N Lo Lo w N rH m m rH o0 00 Dl N M d' rH Lo M d r-1 c-1 c-i c-i N c-i c-1 N N N N M M M d d d d m L M M d' 0) Ln 0) lD 0) I- 0) 00 0) 0) 0) O 0 rH 0 N 0 M 0 d' 0 Ln 0 W 0 I- 0 00 0 0) 0 O r-I }0) � N Q1 M Q1 d d1 L ) d1 l6 d1 I-� d1 00 Q1 dl d1 O 0 r-1 0 N 0 M 0 4 0 L. ) 0 CD 0 I-� 0 00 0 dl 0 V H Q1 r-1 Q1 r-1 d1 rH d1 rH d1 rH d1 rH Q1 r-1 d1 rH 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 (V W �D d' 01 d' N M O d1 O O N L s d' O M O O N cv O L EXHIBIT 2 DRAFT City of Denton 2008 Citizen Survey Prepared for: City of Denton 0 D'Arlene Ver Duin Paul Ruggiere Survey Research Center University of North Texas December 5, 2008 V. CITY SERVICES Table 12 Ratings of City Services • Respondents were read a list of city services and asked to rate the service as excellent, good, fair or poor. The services are presented in descending order of the combined excellent/good rating (see Table 12). Respondents who answered "poor" to any of these questions were asked the reason for their rating. The "poor" responses are summarized under each service in this section but listed in full in Appendix B. Fire • Fire services were rated either excellent (47.6 percent) or good (49.4 percent) by 97.0 percent of the respondents (see Table 12). • Respondents who used Denton fire services (64.8 percent) were more likely than those who did not use those services (45.4 percent) to rate fire services as excellent (see Table 13). • Several respondents who rated fire services as poor mentioned the department's response time. One respondent mentioned a hiring issue. University of North Texas Survey Research Center 14 -------- -- Fire (n=720) Library n=724) Ambulance (n=620) Parks (n=758) Recreational programs (n=689) Water pressure Police (n=755) Recreation centers (n-=-675-)-- Ll Water quality (n=789) Sewer (n=74%_ Trash and recycling services (n=782) Animal control (n=712) ater drainage (n= 15 Code enforcement (n=648) Street maintenance ( =T95 • Respondents were read a list of city services and asked to rate the service as excellent, good, fair or poor. The services are presented in descending order of the combined excellent/good rating (see Table 12). Respondents who answered "poor" to any of these questions were asked the reason for their rating. The "poor" responses are summarized under each service in this section but listed in full in Appendix B. Fire • Fire services were rated either excellent (47.6 percent) or good (49.4 percent) by 97.0 percent of the respondents (see Table 12). • Respondents who used Denton fire services (64.8 percent) were more likely than those who did not use those services (45.4 percent) to rate fire services as excellent (see Table 13). • Several respondents who rated fire services as poor mentioned the department's response time. One respondent mentioned a hiring issue. University of North Texas Survey Research Center 14 Street maintenance • Sixty -five percent of the respondents rated street maintenance as either fair (37.1 percent) or poor (28.2 percent). • As shown in Table 28, the percentage of respondents who rated street maintenance as excellent or good decreased as length of residence increased, and was higher among Hispanic respondents and telephone survey respondents. • Potholes, rough and uneven roads, the number of roads under construction or being repaired including Loop 288, and the length of time taken to repair or construct roads dominated the comments of respondents who rated street maintenance as poor. Table 28 Rate Street Maintenance By Selected Demographics Percentage responding Excellent Good Fair Poor Household income Under $10,000 8.1 62.2 13.5 16.2 $10,001 to $25,000 9.8 60.9 17.4 12.0 $25,001 to $50,000 10.8 40.8 34.4 14.0 $50,001 to $75,000 4.3 50.4 35.7 9.6 $75,001 to $100,000 4.8 44.6 36.1 14.5 Over $100,000 9.9 47.3 23.1 19.8 Own or rent home Own 7.1 47.4 28.7 16.9 Rent 12.5 55.6 23.6 8.3 Street maintenance • Sixty -five percent of the respondents rated street maintenance as either fair (37.1 percent) or poor (28.2 percent). • As shown in Table 28, the percentage of respondents who rated street maintenance as excellent or good decreased as length of residence increased, and was higher among Hispanic respondents and telephone survey respondents. • Potholes, rough and uneven roads, the number of roads under construction or being repaired including Loop 288, and the length of time taken to repair or construct roads dominated the comments of respondents who rated street maintenance as poor. Table 28 Rate Street Maintenance By Selected Demographics University of North Texas Survey Research Center 25 Percenta e responding Excellent Good Fair Poor Length of residence in Denton 6 to 12 months 12.5 40.6 31.3 15.6 1 to 5 years 9.5 30.8 33.7 26.0 5 to 10 years 4.6 35.4 38.5 21.5 More than 10 years 3.7 26.1 38.6 31.7 Ethnicity Caucasian 4.4 27.5 40.2 27.9 African - American 1.9 27.8 37.0 33.3 Hispanic or Latino 13.4 47.6 19.5 19.5 Other 10.3 10.3 34.5 44.8 Survey Telephone 5.4 29.3 37.1 28.2 Internet 0.9 24.6 47.3 27.2 University of North Texas Survey Research Center 25 Dentan, TX (D I�::y IL ........ . ii v a II Ik °,roe A IL.. 2,,0L 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 EXHIBIT 3 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 V) c O 4--J n� W C O n- -J nW W -J ^ V / nV) W L C) ^^W X W N U C6 N V1 4r 4w . .• . 4w C O d 00 00 I- O m Ln (�O d' N � 4w 4w Ln N N N d 01 N d' r-I l0 N � Ln Ln W 00 Ln I- 00 lD 01 rl m r1 N Ln _ V 00 M d 00 ILO M Ln rl I- Ln . r- 00 rl 00 m M O Rt ri lD 00 00 m N O lD N O m O lD N ri Co N O . N . M . M . ILO . m . N . d . M . M . 00 . O1 � -tn -tn -tn -tn -tn -tn -tn 4j)- 4j)- 4j)- 4j)- 0 H Ln p Ln a) O d' N N V v rl M i 4-J _ V ,I- C M O O O C O O 000 O O O C O O O CO O O O Ln O) 0 i of r- O O O O O O ca o r- � O 00 i11 O O O �O a) W fa 0 N O ri 00 00 I- O Ln Ln l0 d N l0 Ln rl N N d m m d' 'i l0 N r1 00 00 I, 00 lD m N m rl N Ln to LL. . 00 . 00 . d . 00 . I- . M . Ln . r� . I- . Ln . I- . 00 M M m rl Ln rl 00 00 00 m N O (� Ol O O Ln I- LD Co ri l0 N O r1 o rl N N N N N N M M RZI Ln l0 (n M � � Ln a) rl O I� I� � O r-I O � lD O 00 rl M lD 01 Ol I� ri 00 rl Ln N d N d lD rl 00 O Ln l0 N 01 lD 01 00 N O O 00 m rl N Ln 01 I- M d' 01 N Ln lO Ln I- O01 N M M lD 00 I- I- rl d' 00 m O � . rl . rl . rl . rl . rl . rl . rl . N . N . N . m . d' Z I- 00 M I- 00 O N N m d m l0 rl rl rl d I- Ln m d' m I- O N d O N O O lD d N rl I- N O rl 00 rl 00 lD lD Ln N Ln 00 Ol rl M 01 01 01 01 Ln I- O d' Ln I- 00 N M Ln M d M r1 r1 M r1 M M M d d d d Ln l0 I, 00 O d' H w 4r 4w . .• . 4w .• . • 4w 4w • • • • d' H w EXHIBIT 5 DEWON Street Bond Program 2012 „. �y 5... i 1... ! "ream'- " " "� . ....... TOO Y ■ 2 ■ ■ina u� .w........... �,:,■ _■ n „MM IIIIIIIIII `�� iy .�.,. ,„ "� ,,o ypr �l ,.,.�� ♦�,," .� _�y 5mwiffiw „, II l . xr l .�� xY .p x.. ■ .: , 1.1'x: M✓ �, UII� �i �iW 44ux ■".1 ►1 •,M .. ....•° ••°•• "' rjj unmw mmwwpivmanmmwnmxr wmiw,wumevmu m ry mOM n ...... ll� ■ .�" •• III I1 ._ -■ - 111111.. � � - � .. � ■` ,. „ GEE � mmw d i � ■ • - luau IW11U ..�! �.. • "" „ xx .�.. -„<• .,, Im �.... . 11 �„ .... „_ �.,::_, U1,pu.�u .��.._�i�E„ . ; . .�. uuuuuu��..... ..... ..... R " �... w r • 4 �w,� a 1 II III .r Ir ��t� ....... . *G „ d ■ i ■ C■ ■ ...� " tip° " '.'.� ..�. ■� �~" w""'w ,.., �:.. -,„` : ■ S n ■ m ■ r A Ir Legend uuuuuuuuuuuumuuuuuuuuuuul 1L„r° .. i,�"ra _W» „,.... ._..:, M ■ ■ Completed StreetBond2012 Date: 07/1612015 ., ■ "9®.■ City Limit 0 025 05 1 OVERALL BOND PROGRAM 2013 -17 Street Street Utility Street OCI Street Estimated CIP SegID Street Name From Street To Street Class OCI Flag Length SY Rebuild Cost Bike LN 16 Amarillo St North Panhandle RES 15 2 176 590 $28,409 16 -2 Amarillo St Panhandle Egan RES 13 2 362 966 $46,513 20 -5 Anna St Panhandle Egan RES 9 2 384 1024 $49,306 82 Bellemead Dr Emery Thomas RES 21 1 977 2606 $125,479 128 Briercliff Dr Brighton Dr Regal Dr RES 23 1 1,129 3011 $144,980 156 Cambridge Ln Wellington Dr Oxford Ln RES 22 1 908 2422 $116,619 160 -2 Campbell Ln Charles Woodford Ln RES 22 1 316 843 $40,590 167 -2 Carlton Gober Malone RES 18 1 583 1555 $74,873 188 Cherokee Ave Boyd Redwood PI RES 25 1 104 278 $13,386 188 -2 Cherokee Ave Redwood PI Shawnee RES 23 355 947 $45,598 196 -3 Choctaw Ave Redwood PI Shawnee RES 22 1 354 944 $45,454 255 Darby Ln Barrow Dr Candy Ln RES 13 2 1,047 2792 $134,435 W 262 -4 Denison St Sherman Dr W University Dr W RES 25 1 478 1275 $61,391 322 Fladger Dr Westview Tr Darby Ln RES 14 2 206 550 $26,483 322 -2 Fladger Dr Darby Ln Westgate Dr RES 13 2 438 1168 $56,239 W 402 Highland St W North Texas By Ave D COL 15 2 661 2766 $162,779 BL W 402 -2 Highland St W Ave D Ave C South COL 22 661 2791 $164,250 BL W 402 -3 Highland St W Ave C South Ave A COL 9 2 1,348 5650 $332,503 BL W 402 -4 Highland St W Ave A Central Av COL 13 2 305 1314 $77,329 BL W 402 -5 Highland St W Central Av Welch S COL 12 2 273 1250 $73,563 BL 497 Laredo Ct Santa Fe South RES 19 1 135 360 $17,334 512 -8 Linden Dr Thomas Hillcrest RES 16 1 524 1398 $67,314 527 -4 Londonderry Ln Kingswood Ct Camden Ct COL 18 293 1367 $80,448 527 -5 Londonderry Ln Camden Ct Westminster COL 21 1 352 1643 $96,691 537 -5 Lynhurst Ln Tennyson Tr Ticonderoga Dr RES 20 1 330 880 $42,372 W 624 Montecito Rd Hobson Ln E El Paseo E COL 31 2,961 9340 $549,659 BL 666 -2 Oakhurst St Bentoaks Dr Bentoaks Dr RES 23 1 613 1635 $78,725 723 Phoenix Ct Santa Fe South End RES 21 1 112 299 $14,397 767 Regal Dr I35E Briercliff Dr RES 24 1 604 1611 $77,570 WW 775 -2 Roberts St Brown Brown RES 39 305 814 $39,194 780 -3 Rockwood Ln Mistywood Ln Laurelwood Dr RES 23 1 370 987 $47,524 782 -2 Rose St Paisley Lehrman Res 8 636 1,696 $81,662 782 -3 Rose St Lehrman Uland Res 18 336 896 $43,142 808 Santa Fe St Ruidosa Ct Phoenix Ct RES 14 2 424 1131 $54,458 808 -2 Saute Fe St Phoenix Ct Travis RES 21 1 292 779 $37,509 808 -3 Santa Fe St Travis Laredo Ct RES 17 1 243 648 $31,201 W 809 Santa Monica Dr Hobson Ln E El Paseo E RES 25 1 2,919 7784 $458,088 824 Shadow Trail Meadow Plum Hollow RES 21 1 264 704 $33,898 957 Wilderness St Kenwood Timber Ridge Cr RES 23 1 855 2280 $109,782 957 -2 Wilderness St Timber Ridge Cr Colorado BV RES 37 164 437 $21,042 988 -3 Woodbrook St Southridge Dr Hollyhill Ln RES 17 1 413 1102 $53,061 WW 992 -2 Woodhaven St Woodhaven Brookfield Ln RES 36 602 1606 $77,329 171 -2 Carroll Blvd N Northridge Magnolia COL 28 1 310 1216 $71,562 W 236 -4 Coronado Dr Cordova Cr Winchester Ct COL 36 279 875 $51,494 W 236 -5 Coronado Dr Winchester Ct Stuart Rd COL 36 353 1064 $62,616 245 -J4 Crescent St Carroll By N Anna RES 28 1 206 1059 $50,991 339 -3 Frame College E Pirtle RES 9 202 539 $25,953 339 -4 Frame Pirtle Schmitz Av RES 6 309 824 $39,676 339 -5 Frame Schmitz Av Texas RES 8 326 536 $25,808 380 -3 Hampton Dr Lariat Rd Masch Branch Rd RES 28 1 1,992 5312 $255,773 382 Hanover Dr Windsor E Croydon Ln RES 26 1 449 1198 $57,684 382 -2 Hanover Dr Croydon Ln Emerson RES 11 764 2037 $98,082 390 -2 Hercules Ln Meadow Lane PI Redstone Rd COL 25 1 844 2054 $120,878 FBL 390 -3 Hercules Ln Redstone Rd Atlas Dr COL 16 1 656 2479 $145,889 FBL 390 -4 Hercules Ln Atlas Dr Stuart Rd COL 13 2 743 2477 $145,771 FBL 390 -4N Hercules Ln Atlas Dr Camelot COL 16 1 308 1017 $59,850 BL 390-4N' Hercules Ln Camelot Stuart Rd COL 15 2 434 3142 $184,907 BL W 455 -3 James St Mission W Fort Worth Dr RES 33 1,347 3592 $172,955 487 Kings Row Sagebrush Valley View Rd COL 16 284 884 $52,023 487 -2 Kings Row Valley View Rd Sunnydale Ln COL 11 312 901 $53,024 487 -3 Kings Row Sunnydale Ln Stuart Rd COL 9 1,754 5457 $321,144 487 -J5 Kings Row Loop 288 N Deerwood PW COL 22 1 904 2200 $129,470 512 -7 Linden Dr Hillcrest Ector RES 25 1 576 1536 $73,958 653 Northwood Terrace Edgewood P1 North RES 17 228 608 $29,275 653 -2 Northwood Terrace Greenwood Dr Cherrywood Ln RES 29 1 1,235 3294 $158,606 656 -6 Oak E St Bradshaw N Crawford N Res 29 397 1,059 $50,991 BL 656 -7 Oak E St Crawford N Wood S Res 7 448 1,195 $57,539 BL 739 -3 Ponder Ave Broadway Panhandle RES 28 1 363 968 $46,609 772 -15 Rio Grande Blvd Dallas Dr Rio Grande By RES 29 1 287 766 $36,883 802 -1N San Jacinto Blvd Colorado By Piney Creek By SAR 21 1 1,340 3742 $220,217 BL 806 Sandy Creek Dr Angelina Bend Dr Sandy Creek Dr RES 20 1 385 1027 $49,450 814 Schmitz Av Bell Av N Vine RES 9 352 939 $55,260 814 -2 Schmitz Av Vine Frame RES 5 445 1187 $69,855 814 -3 Schmitz Av Frame Mingo Rd RES 6 784 2091 $123,055 890 -5 Thomas St Panhandle Scripture Res 30 1,024 2,731 $160,719 890 -6 Thomas St Scripture Houston PI Res 17 411 1,096 $64,500 890 -7 Thomas St Houston PI Houston PI Res 12 171 456 $26,836 890 -8 Thomas St Houston PI Alamo PI Res 8 198 528 $31,073 891 -2 Thunderbird Dr Colonial Glen Garden COL 17 327 1381 $81,272 891 -3 Thunderbird Dr Glen Garden Dr Greenway Dr COL 22 1 338 1402 $82,508 891 -4 Thunderbird Dr Greenway Dr Carriage Hill COL 30 1 481 2086 $122,761 891 -5 Thunderbird Dr Carriage Hill Brooklake COL 25 1 299 1246 $73,327 942 -2 Wessex Ct Waterford Wy Winston Dr RES 26 1 738 1968 $94,759 959 Williams Ln Buckingham Dr Royal Acres Dr RES 28 1 316 843 $40,590 986 -4 Wood N McKinney E Oak E RES 13 302 805 $38,761 986 -5 Wood N Oak E Hickory E RES 13 298 795 $38,279 987 -2 Wood S Mulberry E Sycamore E RES 7 322 859 $41,361 987 -3 Wood S Sycamore E South RES 15 187 499 $24,027 106 -J Bolivar St University Dr W Sunset COL 14 425 1181 $69,502 106 -J1 Bolivar St Sunset Westway COL 10 351 975 $57,379 106 -J2 Bolivar St Westway College W COL 15 266 739 $43,490 106 -J3 Bolivar St College W Third W COL 12 653 1814 $106,754 106 -J4 Bolivar St Third W Crescent COL 24 206 572 $33,662 106 -J5 Bolivar St Crescent Second COL 28 309 858 $50,493 BL 106 -J6 Bolivar St Second First COL 30 548 1522 $89,570 BL 106 -J7 Bolivar St First Panhandle COL 21 621 1725 $101,516 BL W 344 -4 Fulton St Cordell Crescent SAR 35 385 1955 $115,052 BL W 344 -J Fulton St Congress W Grace Temple Av SAR 26 1 765 3436 $202,209 BL W 344 -J1 Fulton St Grace Temple Av Gregg SAR 40 361 1618 $95,219 BL 392 Hettie Paisley Davis RES 9 1186 3163 $152,298 487 -J6 Kings Row Deerwood PW Farris Rd COL 30 1 1,122 2489 $146,478 581 -9A McKinney St E Crawford St S Wood St N ART 30 423 1880 $110,638 BL 581 -J McKinney St E Wood St S Ruddell St N ART 30 302 1409 $82,920 BL 581 -J1 McKinney St E Ruddell St S Hettie St ART 19 246 1121 $65,971 BL 581 -J2 McKinney St E Hettie St Jannie St ART 21 356 1622 $95,455 BL 581 -J3 McKinney St E Jannie St Campbell Ln ART 28 576 2688 $158,189 BL W 629 -3 Morse St Lakey Bushey COL 30 1 1,014 4489 $264,178 BL W 629 -5 Morse St Newton Baldwin COL 26 1 716 3165 $186,260 BL W 629 -6 Morse St Baldwin Woodrow Ln S COL 18 1 746 3272 $192,557 BL 975 -2 Windsor Dr E Inglewood Cedar Hill SAR 21 1 297 2007 $118,112 BL 975 -3 Windsor Dr E Cedar Hill Bell Av N SAR 22 1 298 1987 $116,935 BL 975 -4 Windsor Dr E Bell Av N Olympia Dr SAR 20 1 315 1374 $80,860 BL 975 -6 Windsor Dr E Churchill Dr Heather SAR 18 441 2205 $153,358 BL 975 -9 Windsor Dr E Sherman Dr E Wilsonwood Dr SAR 26 1 378 1309 $77,035 BL 975 -J1 Windsor Dr E Longfellow Ln Glenwood Ln SAR 26 1 132 516 $30,367 BL 975 -J8 Windsor Dr E Heather Ln Pickwick Ln SAR 23 1 1,119 5545 $326,323 BL 985 Wolftrap Dr Olympia Dr Stuart Rd RES 23 1 998 2662 $128,175 70 Barrow Dr Westview Tr Darby Ln RES 15 2 217 814 $39,194 BL BL 70 -2 Barrow Dr Darby Ln Westgate Dr RES 22 1 452 1206 $58,069 74 Bayberry St Canyon Ct South RES 15 2 325 867 $41,746 78 -J7B Bell Ave N Administration Dr College E COL 10 2 735 2281 $134,237 84 Bentoaks Dr Oakhurst Oakhurst RES 9 2 650 1734 $83,492 87 -8 Bernard St Eagle Dr W Fannin COL 13 2 445 1510 $88,864 W 116 -3 Bowling Green St Georgetown Dr Vanderbilt RES 30 1 1,199 3198 $153,984 W 116 -4 Bowling Green St Vanderbilt Auburn Dr RES 37 623 1662 $80,025 125 -2 Brandywine St Mistywood Copper Ridge RES 22 254 677 $32,598 125 -3 Brandywine St Copper Ridge Briarwood RES 23 255 680 $32,742 125 -4 Brandywine St Briarwood West RES 9 2 128 342 $16,467 170 Carriage Hill Windsor W Brookhollow Dr RES 14 2 192 512 $24,653 170 -2 Carriage Hill Brooklake Brookhollow Dr RES 12 2 625 1667 $80,266 200 -1 Cindy Ln Lariat Rd Tieszen St RES 15 2 957 2552 $122,879 220 -2 Cooper Branch St E Quail Ridge Dr Chaparral Ct RES 18 1 310 827 $39,820 220 -4 Cooper Branch St E La Paloma Dr Branch Crossing RES 21 1 461 1230 $59,225 246 -2 Crestmeadow St Windsor W Westview Tr RES 9 2 159 424 $20,416 246 -3 Crestmeadow St Westview Tr Brookhollow Dr RES 13 2 611 1630 $78,485 246 -4 Crestmeadow St Brookhollow Dr Westward RES 11 2 237 632 $30,431 260 Deer Trail Kenwood Timberridge RES 13 2 868 2315 $111,467 297 -6 Egan St Amarillo Alice RES 14 2 599 1598 $76,944 335 Fox Creek Ct Longmeadow North RES 11 2 471 1256 $60,476 338 -2 Foxwood Cir Hollycreek South RES 11 2 190 507 $24,412 346 Gaelic Ct Glengary Wy West RES 8 2 409 1091 $52,532 350 Gardenview St Fallmeadow Joyce Ln RES 11 2 610 1627 $78,340 350 -2 Gardenview St Joyce Ln Brooke RES 17 1 654 1744 $83,974 364 Goodson Way Bonnie Brae S West RES 10 2 994 2651 $127,646 366 -3 Granada Trail Seville Rd Ryan Rd E RES 21 1 1,053 2808 $135,205 372 -4 Greenway Dr Thunderbird Dr Augusta Dr COL 19 1 337 1568 $92,277 372 -5 Greenway Dr Augusta Dr South COL 15 2 272 1232 $72,503 477 -7 Kendolph Dr Willowwood South RES 11 2 1,380 3680 $177,192 479 Kenwood St Fox Hollow Deer Tr RES 11 2 261 696 $33,512 498 Lariat Rd Hampton Dr Lariat Rd RES 18 1 2,099 5598 $269,544 501 -2 Laurel St Jasmine Camellia RES 17 1 292 779 $37,509 501 -4 Laurel St Azalea Wisteria RES 15 2 292 779 $37,509 537 -2 Lynhurst Ln Jefferson Pembrook PI RES 12 2 796 2123 $102,222 538 -3 Mack Dr Paisley Doubleoak COL 16 1 712 3156 $185,731 560 Marshall Rd University W Lariat Rd RES 15 2 987 2632 $126,731 560 -2 Marshall Rd Lariat Rd Tieszen St RES 14 2 960 2560 $123,264 1425 Penniman Rd Indigo Mockingbird Ln RES 18 1 613 1635 $78,725 798 -3 Sagewood St Willow Stone Tanglewoodq RES 15 2 280 747 $35,968 817 -6 Scripture Ector Jagoe COL 11 2 1,418 4254 $250,348 829 Sheraton PI Sheraton Rd Buckingham Dr RES 9 2 430 1147 $55,228 830 Sheraton Rd North Hercules Ln RES 17 1 337 899 $43,287 830 -2 Sheraton Rd Hercules Ln Sun Valley Dr RES 30 418 1115 $53,687 891 -6 Thunderbird Dr Brooklake Westview Tr COL 14 2 251 1094 $64,382 891 -7 Thunderbird Dr Westview Tr Crestmeadow COL 18 1 247 1043 $61,381 933 Welch St N Oak W Hickory W COL 13 2 378 829 $48,787 947 Weston Dr Pace Dr Woodson Cr RES 17 1 296 790 $38,039 947 -2 Weston Dr Woodson Cr Bellaire Dr RES 18 1 278 742 $35,727 947 -3 Weston Dr Bellaire Dr Conditt Cr RES 17 1 372 992 $47,765 947 -4 Weston Dr Conditt Cr Mockingbird Ln RES 20 1 293 782 $37,653 956 Whitney Ct East Savannah Tr RES 9 2 155 414 $19,934 1 -5 Abbot's Ln Pennsylvania Dr East RES 19 1 281 750 $36,113 84 -2 Bentoaks Dr Oakhurst Manor Court RES 20 1 304 811 $39,050 266 Diane Cir Christopher Dr North RES 20 1 149 398 $19,164 392 -2 Hettie St Davis McKinney E RES 19 1 408 1088 $52,387 407 -7 Highland Park Rd Willowcrest Loop Willowcrest Loop RES 19 1 299 798 $38,424 407 -8 Highland Park Rd Willowcrest Loop Willowwood RES 19 1 299 798 $38,424 409 Highview Cir Forrestridge Dr Highview Ct RES 16 1 1,256 3350 $161,303 409 -2 Highview Cir Highview Ct Forrestridge Dr RES 17 1 1,274 3398 $163,614 W 2059 Hill Alley Martin Wilson RES 22 1 165 440 $21,186 W 480 Kerley St Duncan Scott Dr RES 29 1 1,493 3982 $191,733 BL BL W 480 -2 Kerley St Scott Dr Minor Cr RES 31 303 808 $38,905 W 480 -3 Kerley St Minor Cr Shady Oaks RES 37 598 1595 $76,799 W 484 Kingfisher Ln Oriole Ln Meadowlark Ln RES 14 2 291 776 $37,364 W 484 -2 Kingfisher Ln Meadowlark Ln King Fisher Ln RES 9 2 288 768 $36,979 564 -7 Masch Branch Rd Hampton Dr University Dr W COL 20 1 2,914 6476 $381,113 568 -3 May St Henderson Dr Pinckney Dr RES 16 1 262 699 $33,657 568 -4 May St Pinckney Dr Autumn Oak RES 26 187 499 $24,027 W 609 -3 Mimosa Dr Carroll By N Bolivar RES 37 781 2083 $100,296 626 -2 Monterey Dr Yellowstone PI Sherman Dr E RES 20 1 541 1443 $69,480 1008 -2 Oak Park Dr Whispering Oaks Timber Trail RES 20 1 203 542 $26,097 1008 -3 Oak Park Dr Timber Trail Oak Valley RES 28 793 2115 $101,837 666 Oakhurst St Bentoaks Dr Oakhurst RES 11 2 298 795 $38,279 663 -5 Oaktree St Audra Ln Oak Park Dr RES 17 1 726 1936 $93,218 695 -J9 Paisley St Pace Dr Meng Cr COL 18 1 645 968 $67,324 BL 699 -6 Panhandle St Aileen Gober COL 15 2 599 2538 $176,518 756 Quail Ridge Dr Cooper Branch E La Palma Dr RES 17 1 1,171 3123 $150,372 W 822 -3 Sena St Bradley Gober RES 34 804 2144 $103,234 W 822 -4 Sena St Gober Malone RES 39 450 1200 $57,780 951 Westway St West Fulton RES 20 1 446 1190 $57,299 975 Windsor Dr E Locust N Inglewood SAR 19 1 998 6654 $391,588 BL 975 -J2 Windsor Dr E Glenwood Ln Bristol SAR 18 1 352 1220 $71,797 BL 975 -JA Windsor Dr E Nottingham Dr Burning Tree Ln SAR 26 1 330 2180 $128,293 BL 975 -JA3 Windsor Dr E Old Orchard Ln Broken Bow SAR 19 1 516 2720 $160,072 BL 975 -JA4 Windsor Dr E Broken Bow Branch Crossing SAR 19 1 287 1558 $91,688 BL 976 -2 Windsor Dr W Carriage Hill Westgate Dr SAR 14 2 333 928 $54,613 FBL 976 -J2 Windsor Dr W Riney Rd Mesquite SAR 27 1 883 3912 $230,221 BL 980 -2 Winston Dr Wessex Ct Waterford Wy RES 21 1 792 2112 $124,291 998 Woodson Cir Weston Dr North RES 18 1 120 320 $18,832 Total $19.202.413 EXHIBIT 6 � N Street Bond Program 2014 „. .- rei ®, ' _., ■ Z ■ . , � � I 5... y dr Pf u ty C° Y d . .,. •�a Q ..,. f' ' �` ■ _ v .. IL _ Y .,. , OEA „ "° �a. <,. • ■ ..�� " : ..�� -k. � ...ice ■ �, � erg {y � - m ■ . r.. i i ■ .. s ■ - q • � m,,.� wow .e4 .u, ." _tl ..,..,.,. } .�s i low Legenda m' _.. StreetBond2014 * ' Date 07/1612015 �' ' �•,, A■ "9®�r■ '��. • ! City imit 0 025 05 i y ' ° Y , M s � I Utility CIP WW W WW WW WW WW WW WW WW WW WW W W WW WW WW WW WW WW WW WW WW WW WW WW W/W W WW WW W/W W W W WW WW WW W/W W WW WW W/W W W W/W W W/W W W/W W W W W WW WW WW WW SegID 16 -3 36 36 -6 47 -4 205 263 280 -9 280 -J2 280 -J3 280 -J4 280 -J5 297 -2 297 -4 333 493 493 -2 528 -3 545 545 -3 545 -4 578 626 50 -8 732 835-3 935-8 935-9 975 -J 32 -9 59 -4 252 300 373 -2 50 -6 890 -9 121 -4 121 -5 393 -8 87 -4 87 -5 87 -7 190 -5 314 -4 578 -5 739 -2 817 -5 871 -5 986 -2 993 -4 620 -3A 620 -4 620 -5 620 -6 620 -7 CIP BOND 201 S -2020 Street Name AMARILLO ST AVE A AVE A AVE D COLLEGE ST DENTON ST EAGLE DR EAGLE DR EAGLE DR EAGLE DR EAGLE DR EGAN ST EGAN ST FOUTS ST LAGUNA DR LAGUNA DR LONGFELLOW IN MANHATTAN DR MANHATTAN DR MANHATTAN DR MCCORMICK ST MONTEREY DR NORTH TEXAS BLVD PIRTLE ST SIERRA DR WELCH ST WELCH ST WINDSOR DR AUSTIN ST AVE H CROYDON LN ELM ST GREENWOOD DR NORTH TEXAS BLVD THOMAS ST BRADSHAW ST BRADSHAW ST HICKORY ST BERNARD ST BERNARD ST BERNARD ST CHESTNUT ST FANNIN ST MCCORMICK ST PONDER AVE SCRIPTURE ST SYCAMORE ST WOOD ST WOODLAND ST MOCKINGBIRD LN MOCKINGBIRD LN MOCKINGBIRD LN MOCKINGBIRD LN MOCKINGBIRD LN From Street EGAN HICKORY W AVE A HIGHLAND W FRAME ST CRESCENT MCCORMICK WELCH S BEATTY BERNARD IOOF LOVELL PONDER AV HICKORY W STUART RD YELLOWSTONE PL WINDSOR E STUART RD CARLSBAD PL 'ELLOWSTONE PAR EAGLE DR W MANHATTAN DR HIGHLAND W VINE YELLOWSTONE PL EAGLE DR W FANNIN WILSONWOOD DR OAK E LOUISE WINDSOR E OAK ST PRESTON PL CHESTNUT ALAMO PL MCKINNEY E OAK E EXPOSITION CHESTNUT PRAIRIE W MAPLE WELCH S WELCH S I35 E LINDEN DR HILLCREST BERNARD PAISLEY BROWN AUDRA LN TERRY CT BEVERLY DR ANYSA LN HOWARD CT To Street CONGRESS E MULBERRY W GREENLEE MAPLE VINE ST PANHANDLE AVE A BEATTY BERNARD IOOF CLEVELAND BRYAN FULTON OAK W YELLOWSTONE PL SHERMAN DR E EDINBERG LN MONTEREY DR YELLOWSTONE PARK SHERMAN DR E FANNIN YELLOWSTONE PL EAGLE DR W FRAME SHERMAN DR E FANNIN COLLINS W LONGFELLOW IN HICKORY E PRAIRIE W HANOVER DR HICKORY ST SAULS LN PRAIRIE W OAK W OAK E HICKORY E BRADSHAW N PRAIRIE W HIGHLAND W EAGLE DR W BERNARD BEATTY MICHIAL BROADWAY ECTOR CARROLL BV S DAVIS CHERRYWOOD LN TERRY CT BEVERLY DR ANYSA LN HOWARD CT NEWPORT AV Bike Accomo dations Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Street Street Estimated Class OCI Length SY Rebuild RES 11 359 957 $57,727 COL 17 376 1476 $105,222 RES 9 668 1781 $107,432 COL 15 397 1620 $115,488 RES 17 447 1192 $71,903 RES 24 1,504 4011 $241,949 SAR 29 387 1720 $141,481 SAR 30 378 1689 $138,931 SAR 32 497 2218 $182,444 SAR 51 386 1758 $181,900 SAR 26 729 3249 $267,251 RES 40 359 957 $57,727 RES 35 357 952 $57,426 RES 16 358 955 $57,607 RES 16 892 2,616 $143,504 RES 37 981 2,379 $157,800 RES 33 380 1013 $61,105 RES 11 302 805 $48,559 RES 10 565 1507 $90,904 RES 27 669 1784 $107,613 RES 24 468 1248 $75,281 RES 27 772 2059 $124,201 SAR 41 1,262 3461 $284,689 RES 26 447 1192 $71,903 RES 31 824 2197 $132,526 SAR 12 462 2022 $166,322 SAR 12 465 2031 $167,062 SAR 28 650 2297 $188,943 RES 32 374 997 $60,140 RES 40 360 960 $57,908 RES 29 879 2344 $141,393 PAR 41 374 751 $61,774 COL 24 433 944 $67,297 SAR 38 252 1349 $110,964 RES 11 371 989 $59,658 RES 17 320 853 $51,454 RES 13 299 797 $48,076 COL 15 641 2987 $212,939 COL 22 313 883 $66,787 COL 20 396 1094 $81,829 COL 25 588 1636 $120,467 RES 23 909 2424 $146,219 RES 27 377 1005 $60,623 COL 37 451 1800 $128,320 RES 25 360 960 $57,908 COL 18 580 1743 $124,256 RES 37 1,271 3389 $204,429 RES 17 886 2363 $146,378 RES 32 538 1435 $86,561 COL 36 251 611 $47,396 COL 11 263 631 $48,822 COL 27 254 626 $48,465 COL 15 260 626 $48,465 COL 27 275 677 $52,101 Bike Accomo dations Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 620 -J2 MOCKINGBIRD IN PAISLEY WESTON DR COL 29 432 858 $65,004 620 -J3 MOCKINGBIRD IN WESTON DR ORIOLE LN COL 25 519 1842 $135,153 620 -J4 MOCKINGBIRD IN ORIOLE LN BOB -O -LINK LN COL 28 288 1096 $81,971 620 -J5 MOCKINGBIRD IN BOB -O -LINK LN MONTCLAIR PL COL 33 473 1806 $132,586 620 -J6 MOCKINGBIRD IN MONTCLAIR PL HUMMINGBIRD LN COL 28 165 586 $45,614 620 -J7 MOCKINGBIRD IN HUMMINGBIRD LN MCKINNEY E COL 14 745 2483 $180,849 8 ALAN -A -DALE CIR ARCHER TR SOUTH RES 40 238 635 $38,304 19 ANGELINA BEND DR SAN GABRIEL DR SANDY CREEK RES 23 338 1236 $74,557 23 -4 ARCHER TRAIL FOXCROFT CR EMERSON LN RES 35 888 2368 $142,841 98 -4 BLAGG RD PRIVATE LAKEVIEW BLVD RES 24 2,383 6357 $383,462 123 BRANCH CROSSING WINDSOR E COOPER BRANCH E RES 37 355 947 $57,124 147 -3 BRYAN ST BROADWAY PANHANDLE RES 33 359 957 $57,727 157 CAMDEN CT LONDONDERRY SOUTH RES 26 135 360 $21,716 174 CASTLE LN WILLOWWOOD DR SOUTH RES 33 208 555 $33,478 200 CINDY IN TIESZEN ST HAMPTON DR RES 20 1,119 2984 $179,999 1014 -3 COBBLESTONE RW ASHCROFT LN EVERS PW COL 39 345 1591 $113,420 220 -5 COOPER BRANCH E BRANCH CROSSINC HILLVIEW RES 40 658 1755 $105,864 231 -2 CORDELL ST ECTOR AILEEN RES 36 531 1416 $85,415 231 -3 CORDELL ST AILEEN GOBER RES 34 491 1309 $78,961 231 -4 CORDELL ST GOBER MALONE RES 37 585 1560 $94,101 246 -5 CRESTMEADOW ST WESTWARD THUNDERBIRD DR COL 25 593 2294 $163,536 255 -2 DARBY LN CANDY LN FLADGER DR RES 13 880 2347 $141,574 292 -4A1 EDWARDS RD CITY LIMITS PRIVATE DR COL 26 412 916 $65,300 329 -1E FORRESTRIDGE DR HOBSON LN E HIGHVIEW CR COL 33 236 527 $41,408 329 -2E FORRESTRIDGE DR HIGHVIEW CR HIGHVIEW CR COL 31 699 1,553 $114,550 329 -2W FORRESTRIDGE DR HIGHVIEW CR HIGHVIEW CR COL 32 699 1,553 $114,550 380 HAMPTON DR MARSHALL RD CINDY IN RES 17 952 2539 $153,156 380 -2 HAMPTON DR CINDY IN LARIAT RD RES 13 1,007 2685 $161,963 390 -8 HERCULES LN HUNTINGTON DR BUCKINGHAM DR COL 37 333 740 $52,754 390 -9 HERCULES LN BUCKINGHAM DR ROYAL ACRES DR COL 38 320 707 $50,401 390 -J HERCULES LN ROYAL ACRES DR WELLINGTON DR COL 36 318 700 $49,902 390 -J2 HERCULES LN PICADILLY LN SHERMAN DR E COL 26 645 747 $53,253 W /WW 41 -5 AVE B MARGIE UNDERWOOD RES 19 471 1256 $75,763 W 344 -7 FULTON ST BROADWAY PANHANDLE SAR 39 359 1404 $115,488 W 344 -J2 FULTON ST GREGG OAK W SAR 38 241 1053 $86,616 W/WW 394 HICKORY ST BONNIE BRAE S AVE H SAR 17 504 2222 $186,612 W 394 -2 HICKORY ST AVE H AVE G N SAR 20 549 2422 $203,063 W 394 -3 HICKORY ST AVE G N AVE G N SAR 15 132 587 $52,123 W/WW 394 -3A HICKORY ST AVE G N AVE F N SAR 13 213 978 $84,285 W/WW 394 -5 HICKORY ST AVE F FOUTS SAR 23 380 1711 $144,579 W/WW 394 -6 HICKORY ST FOUTS NORTH TEXAS BV SAR 25 162 560 $49,902 WW 394 -7 HICKORY ST NORTH TEXAS BV MILLER SAR 17 428 1427 $121,218 WW 394 -8 HICKORY ST MILLER AVE D SAR 19 238 790 $68,821 WW 477 -6 KENDOLPH DR LINDSEY WILLOWWOOD RES 36 882 2352 $141,876 WW 50 -3 NORTH TEXAS BLVD STELLA SYCAMORE W SAR 31 387 2075 $170,682 WW 50 -4 NORTH TEXAS BLVD SYCAMORE W EDWARDS SAR 20 190 1045 $85,958 WW 50 -5 NORTH TEXAS BLVD EDWARDS CHESTNUT SAR 20 247 1253 $103,067 WW 688 -2 ORR ST ELM LOCUST N RES 35 382 1019 $61,467 W/WW 695 PAISLEY ST FRAME ROSE COL 24 588 1684 $123,889 W/WW 695 -2 PAISLEY ST ROSE BRADSHAW N COL 28 451 904 $68,284 W/WW 695 -3 PAISLEY ST BRADSHAW N CRAWFORD N COL 25 432 860 $65,147 W/WW 695 -4 PAISLEY ST CRAWFORD N WOOD N COL 14 304 728 $55,737 W/WW 695 -5 PAISLEY ST WOOD N RUDDELL N COL 22 339 680 $52,315 WW 806 -3 SANDY CREEK DR SANDY CREEK DR SANDY CREEK DR RES 30 189 504 $30,402 WW 912 ULAND ST RAILROAD AV FRAME RES 37 314 837 $50,489 WW 912 -2 ULAND ST FRAME ROSE RES 24 483 1288 $77,694 D 417 HINKLE DR WINDSOR W NORTHRIDGE COL 38 310 1423 $105,283 D 417 -2 HINKLE DR NORTHRIDGE MAGNOLIA COL 28 347 1615 $118,970 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y D 417 -3 HINKLE DR MAGNOLIA MIMOSA DR COL 44 315 1435 $149,800 Y D 417 -4 HINKLE DR MIMOSA DR HEADLEE COL 26 317 1470 $108,633 Y D 417 -5 HINKLE DR HEADLEE MEADOW RIDGE COL 26 553 2562 $186,480 Y D 417 -6 HINKLE DR MEADOW RIDGE HAGGARD LN COL 21 311 1470 $108,633 Y D 417 -7 HINKLE DR HAGGARD LN GREENBRIAR COL 18 711 3318 $240,375 Y D 417 -8 HINKLE DR GREENBRIAR TULANE DR COL 21 358 1661 $122,249 Y D 417 -9 HINKLE DR TULANE DR BRYN MAWR PL COL 34 357 1657 $121,964 Y D 417 -J HINKLE DR BRYN MAWR PL AMHERST COL 64 339 1544 $214,000 Y D 417 -J1 HINKLE DR AMHERST UNIVERSITY DR W COL 51 697 3175 $267,500 Y 472 -2 JOYCE LN GARDENVIEW GABE CT COL 25 263 1119 $79,772 472 -3 JOYCE LN GABE CT BENJIMAN COL 29 266 1102 $78,560 472 -4 JOYCE LN BENJIMAN ELM N COL 26 690 2901 $206,809 WW 337 FOXCROFT CIR EMERSON LN ARCHER TR RES 10 729 1944 $117,265 W/WW 337 -3 FOXCROFT CIR ARCHER TR ALLEY RES 24 1,054 2811 $169,563 W/WW 337 -6 FOXCROFT CIR OLD NORTH RD EMERSON LN RES 26 812 2165 $130,596 W/WW 422 -J HOLLYHILL LN LONGRIDGE DR PENNSYLVANIA RES 25 757 2019 $121,789 W/WW 469 JOHNSON ST MILL DALLAS DR RES 10 467 1245 $75,100 W/WW 489 KINGSWOOD CT LONDONDERRY SOUTH RES 23 137 365 $22,017 W 602 MILL ST WYE INDUSTRIAL RES 9 164 437 $26,360 W/WW 923 VICTORIA DR CHURCHILL DR NOTTINGHAM DR RES 37 1,433 3821 $230,487 W/WW 975 -J3 WINDSOR DR BRISTOL HANOVER DR SAR 32 272 1951 $160,482 Y W/WW 975 -J4 WINDSOR DR HANOVER DR CROYDON LN SAR 24 442 3212 $264,207 Y WW 975 -J5 WINDSOR DR CROYDON LN CHURCHILL DR SAR 22 320 1615 $132,844 Y 1426 -5A LAKEVIEW BLVD RODEO DR S TRINITY RD SAR 24 1,122 3224 $265,194 498 -2 LARIAT RD LARIAT RD WEST RES 9 520 1387 $83,666 498 -3 LARIAT RD LARIAT RD CINDY IN RES 13 942 2512 $151,527 498 -4 LARIAT RD CINDY IN MARSHALL RES 15 921 2456 $148,149 516 LOCKSLEY LN EMERSON LN JAMESTOWN IN RES 13 280 747 $45,060 516 -2 LOCKSLEY LN JAMESTOWN IN MAID MARION PL RES 30 341 909 $54,832 526 -J2 LOCUST ST MYRTLE I35 E SERVICE RD RES 40 1,261 3363 $202,860 Y 560 -2A MARSHALL RD TIESZEN ST HAMPTON DR RES 14 1,117 2979 $179,697 564 -6 MASCH BRANCH RD LOVERS LN HAMPTON DR COL 25 2,047 4513 $321,726 564 -8 MASCH BRANCH RD W UNIVERSITY DR JIM CHRISTAL RD COL 22 4,112 9133 $651,080 624 -J3 MONTECITO DR 3CKORY CREEK RI WHITE DOVE LN COL 29 587 2474 $176,368 50 NORTH TEXAS BLVD OAK W HICKORY W SAR 27 359 1920 $157,932 Y W 17 -4 AMHERST DR FORDHAM LN MALONE RES 35 316 843 $50,851 Y WW 372 GREENWAY DR VINDSOR FARMS Dl BROOKHOLLOW DR RES 34 303 808 $48,740 WW 372 -2 GREENWAY DR 3ROOKHOLLOW DF LAKEWOOD DR RES 23 316 843 $50,851 W/WW 426 -2 HUISACHE ST YUCCA DR RETAMA RES 23 286 763 $46,025 W/WW 768 RETAMA ST HUISACHE SAGEBRUSH DR RES 23 449 1197 $72,205 W/WW 797 -3 SAGEBRUSH DR YUCCA DR RETAMA RES 13 344 917 $55,315 WW 853 STELLA ST BONNIE BRAE S AVE H RES 17 508 1355 $81,735 WW 853 -2 STELLA ST AVE H AVE G S RES 16 543 1448 $87,345 W/WW 932 -4 WAYNE ST SNYDER MOZINGO RES 30 348 928 $55,978 WW 976 -J1 WINDSOR DR HINKLE DR RINEY RD SAR 27 217 942 $81,324 Y WW 976 -J3 WINDSOR DR MESQUITE N ELM SAR 40 1,277 6375 $524,384 Y 407 -5 HIGHLAND PARK RD WISTERIA LAUREL RES 26 1,318 3515 $212,029 509 -1E LI LIAN B MILLER PKW I35 E SOUTHRIDGE SAR 35 1,918 5328 $442,100 FBA 509 -2E1 LI LIAN B MILLER PKW SOUTHRIDGE SHENANDOAH TR SAR 24 530 1439 $122,205 FBA 509 -2E2 LI LIAN B MILLER PKW SHENANDOAH TR HUNTERS RIDGE CR SAR 38 702 1894 $159,632 FBA 509 -1W LI LIAN B MILLER PKW I35 E SOUTHRIDGE SAR 40 1,931 5328 $413,178 FBA 509 -2W LI LIAN B MILLER PKWSOUTHRIDGE HUNTERS RIDGE CR SAR 40 1,216 4053 $325,253 FBA 509 -3E LI LIAN B MILLER PKW HUNTERS RIDGE Cl HUNTERS RIDGE CR SAR 41 433 1299 $104,245 FBA 509 -3W LI LIAN B MILLER PKW HUNTERS RIDGE Cl HUNTERS RIDGE CR SAR 41 456 1368 $109,782 FBA 509 -4E LI LIAN B MILLER PKW HUNTERS RIDGE Cl TEASLEY SAR 40 491 2400 $192,600 FBA 509 -4W LI LIAN B MILLER PKW HUNTERS RIDGE Cl TEASLEY SAR 40 499 2440 $195,810 FBA 824 -2 SHADOW TRAIL PLUM HOLLOW WILLOW STONE RES 29 286 763 $46,025 824 -3 SHADOW TRAIL WILLOW STONE TANGLEWOOD RES 40 285 887 $59,920 824 -4 SHADOW TRAIL TANGLEWOOD PEAR TREE PL RES 40 281 874 $59,920 824 -5 SHADOW TRAIL PEAR TREE PL WINDBROOK RES 33 507 1352 $81,554 844 SOLAR WAY BONNIE BRAE S WEST RES 26 927 2472 $149,114 894 -2 TIMBERIDGE ST DEER TR FOX HOLLOW RES 38 286 763 $46,025 905 -2 TRINITY RD MILLS RD PRIVATE COL 37 988 2418 $172,376 905 -3 TRINITY RD PRIVATE PRIVATE COL 32 558 1553 $110,711 W/WW 635 -5 MULBERRY ST BERNARD CARROLL BV S COL 25 1,271 5375 $383,177 W/WW 635 -6 MULBERRY ST CARROLL BV S CEDAR S COL 28 856 3597 $256,426 393 -9 HICKORY ST BRADSHAW N CRAWFORD N COL 17 399 1764 $125,753 393 -J HICKORY ST CRAWFORD N WOODS COL 18 450 2009 $143,219 393 -J1 HICKORY ST WOODS RUDDELL N COL 20 299 1298 $92,533 393 -J2 HICKORY ST RUDDELL N RUDDELL N COL 19 118 502 $35,787 394 -9 HICKORY ST AVE D AVE C N SAR 26 676 2240 $188,093 Y 394 -J HICKORY ST AVE C N AVE B N SAR 14 685 2277 $191,136 Y 394 -J1 HICKORY ST AVE B N FRY SAR 25 615 2063 $173,533 Y 394 -J2 HICKORY ST FRY WELCH N SAR 31 665 2602 $217,869 Y 394 -J3 HICKORY ST WELCH N BERNARD SAR 19 864 3372 $281,207 Y 394 -J4 HICKORY ST BERNARD DENTON SAR 15 692 2695 $225,519 Y 394 -J5 HICKORY ST DENTON WILLIAMS SAR 23 317 1221 $104,274 Y 394 -J6 HICKORY ST WILLIAMS CARROLL BV N SAR 26 262 996 $85,766 Y 394 -J9 HICKORY ST CEDAR N ELM N COL 10 197 995 $74,771 Y 394 -JA HICKORY ST ELM N LOCUST N COL 35 370 2279 $166,306 Y 944 -3 WESTGATE DR FLADGER DR COFFEY DR RES 39 1,144 3051 $184,040 944 -4 WESTGATE DR WESTGLEN DR JOHN DR RES 48 184 409 $32,100 944 -5 WESTGATE DR JOHN DR WINDSOR W RES 39 504 1344 $81,072 Total $24.631.413 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 �'u' rul�I�ll�l www.cityofdenton.com D EN'FON File #: ID 15 -607, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Utility Administration CM /ACM: Howard Martin, 349 -8232 Date: July 28, 2015 SUBJECT Receive an update, hold a discussion, and provide staff direction on the Road Impact Fee implementation. BACKGROUND In the May 12 City Council meeting staff presented the road impact fee calculation methodology, impact fee calculations for each of the five Service Areas, and also compared what other cities are charging for road impact fees. Based on the last presentation and discussion, Council asked for additional information to be brought back for further discussion. These include the following; 1. How credit will be established for Right of Way dedication, road construction etc 2. Road impact fee rebates for specific areas in the city 3. Road impact fees rebates as economic development incentives for new businesses that reach a minimum threshold of investment in the City 4. Road impact fees rebates for trip reductions for new development 5. More recent examples of developments comparing current development code exactions versus road impact fee assessments Exhibitl includes the power point that addresses the above issues. Staff will discuss these items in greater detail in the Council presentation. Road Impact Fee Adoption Process Chapter 395 of the Texas Local Government Code stipulates a specific process for the adoption of Roadway Impact Fees. A Capital Improvement Advisory Committee (CIAC) is required to review the Land Use Assumptions and Roadway Impact Fees CIP used in calculating the maximum fee, and to provide the Committee's findings for consideration by the City Council. This CIAC also reviews the Roadway Impact Fee ordinance and provides its findings to the City Council. The composition of the CIAC is required to adequately represent the building and development communities. The City Council then conducts a first public hearing on the Land Use Assumptions and Roadway Impact Fee CIP and a second public hearing on the Roadway Impact Fee Ordinance. Following policy adoption, the CIAC is tasked with advising the City Council of the need to update the Land Use Assumptions or the Roadway Impact Fees CIP at any time within five years of adoption. Finally, the CIAC oversees the proper administration of the Impact Fee, once in place, and advises the Council as necessary. OPTIONS N/A City of Denton Page 1 of 2 Printed on 7/23/2015 File #: ID 15 -607, Version: 1 RECOMMENDATION Staff is seeking guidance and recommendation for the implementation of the Road Impact Fees. ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW (Council, Boards, Commissions) December 5, 2011: Staff presentation to the City Council regarding supplemental street funding February 6, 2012: Staff presentation to the City Council to provide an update regarding supplemental street funding September 10, 2013: Staff presentation to the City Council to provide an update and seek direction regarding supplemental street funding November 15, 2013: Staff presentation of proposed road impact fees to the Developer's Committee December 10, 2013: Work Session on Kimley -Horn and Associates, Inc consultant contract for implementation of road impact fees January 7, 2014: Approval of the Kimley -Horn and Associates, Inc consultant contract for implementation of road impact fees May -, 2014: Approval of the amendment to the Kimley -Horn and Associates, Inc consultant contract for implementation of road impact fees December 9, 2014: Presentation of the Travel Demand Model and proposed changes to the Mobility Plan to the Mobility Committee January 5, 2015: Presentation of the Travel Demand Model and proposed changes to the Mobility Plan to the Traffic Safety Commission January 13, 2015: Update to Mobility Committee on the proposed changes to the Mobility Plan and street sections conforming to context sensitive solution design March 23, 2015: Presentation of the Travel Demand Model and proposed changes to the Mobility Plan to the City Council April 14, 2015: Presentation of the 10 -Year Land Use Projections and Capital Improvements Plan to the City Council May 12, 2015: Presentation on Road Impact Fee calculations, and comparison with other cities. FISCAL INFORMATION N/A BID INFORMATION N/A EXHIBIT 1. Road Impact Fee Update Presentation Respectfully submitted: P.S. Arora Assistant Director Wastewater Utilities City of Denton Page 2 of 2 Printed on 7/23/2015 �,,, „ �' ���N t �� a , w _. �' ., �,,, „ �' ���N t �� a , II a) W/I a f , m a Illy m m �wwlwww Illy Il lllllllw lllllllllll� mom m uuuuuuuuuuum if�wwww cz llllllll' Em lluu warvmllllllllllllllllllw �wllllllllllllllllllllllllllllllllllll� lluu warvmllllllllllllllllllw Millllllllll lllllllllllll Ills � w lllllllllllw 0 lllll� ll� lllll� �wwww �wllllllllllllllllllllllllllll, Il � lu �molml of uuuuuuu I lllllllllllllllllllllllllllllw luu�w if�wwww ro m :lllllllllllllllll if�wwww �ppIIIIII llllllllllllllllllllllllll�tl lllll� w i lwlwlwlu� w�llllllllllllllllllllllllllllllllllll, �u wwmlllllllllllllllllllw lllllllllll� � w ww wMwww� Ill lluu warvmllllllllllllllllllw �wllllllllllllllllllllllllllllllllllll� Il �wllllllllllllllllllllllllllllllllllll� luu�w m m �lllllllllllllllllllllllllllllll� lllllllw E �u warvmllllllllllllllllllw w � lu �cl�ll��l�ll lllllllllllw �� lull lwlu� 0 lllll� ill" lllll� l >VIII CZ lu �molml of uuuuuuu O 4-J O V O +-j Ln E W N Q ca x w • • • 0 t� .O t� t� V r) .V O r V M 0 /7 IRMI, NO I ( °. \ c} 9z 7 ® , > . � < (� / \ < R (}, 0 > I < \ =3 7 <\ `\- °37 °y §2 Uj U` U` E E E ra ra ro LL LL LL LL < °, > \ \2 Ln `2 E 0 0 0 0 0 0 .�� � .° \ \} . 0 w C*q C*q m I amo C6 O OC C6 i 1�11 I I I I I I Ln r- r-i Lr) R;t m d' l0 M O O O O O M 00 00 00 00 00 r- N O O O J^\ Y i O O J^1 L l Q O l^1 L l N ` 1 01 1 N 00 N O N i °� - m m N � -Ln -cn -<n -cn- r-i tn O 0 0 O 0 0 00 O O 0 �, co O O O O O Ln Lf) Lr) Q N f- N O O Lr) �p r Ln l0 r-i r-I fT m Ln N m -Ln M m m r-i N -Ln- -cn- -<n- tn -cn- 4A. O O O O 0 co 00 000 OV 0 0 O 0 0 0 of l,0 000 Q0) N � M � 000 N -Ln N N N r- r-i ,Vn -Ln in- tn- '{n- -Ln '{n- Ln r- r-i Lr) R;t m d' l0 � 00 00 00 00 00 00 00 r- J^\ Y i l^1 L l J^\ Y i J^1 L l l^\ L l J^N V l J^\ Y i l^1 L l J^\ L i ,0 r14 r-i r4 m 110 Ln W N r-1 imn l.0 l0 � ko M m Lr) M r-I ° - o r-i 0) m L n o Lr) 00 Lli 0 O N I-, O 0 c; 4 k6 Lri m � r-i I� r-i l0 Ln o m r � `r° r1- rn H r-I N m Ln l0 00 Ql CM N, �r 1„ i I s� s� IJ 1 l Mfr 11 l Q1 Ql 0 O O O O O M -t!- 4j qj)- -t/1 W 11D O O O O O O Lr) Lr) Lr) Ln Lr) 01 q;t 00 (1fl m w N • -v)- 4j)- qj)- -v)�- V) M M I.A O O O O O O t0 l0 00 0 N ri r-I N LLn Lr) m Lr) N . -t!- 4j- ih -V)�. LL (10 m cn rn Lr) O ri N d' -t!- "(!- Lr) -(/). i!)- d' qzt m rn 00 11D Lr) O N l0 I`-. 00 O N LA -t!- 4j- ih -V)�. 0 0 0 0 O O O O O O O O fu .--. C .-. � LL `� U v ^ J a MF Z N r+ E r+ O r-I N E O U I s� IJ 1 l Mfr 11 s� l N O M 00 M N r-I N d' lD l,L� N 00 O cn Ln O l,D I`- M Ln 01 M rl rl M Ol M N 00 Ln d' O Ln Ol O cn 00 N N Ln 00 rl rl N LL- Ln N Ln ld0 CU N Vt Vj- Ln N t.0 00 d' O rl N d' r-I Ln lG rl r--. 00 M rl d. G 0 0 c6 m LA N p W W E v� u i 1' �0 CL �� E LO 0 W < E -c: m E cL .0 0 0 V) u u _0 (1) (1) LZ co -0 0 E v� u i 1' �0 CL �� ME, 0 i v I V N, E r VA ME it* CL 0 0 j 0 m E „J III Vl it J r 4-a ommm 1 @ON= E 9 w Ln m Ln m r` w w O 0 Ln w r- O w Ln 00 - O � w w lqr m w � 0 E m � � � � 2i (1) r` O m Ln N r ri N N N N N m 0 m -V)- i m -V)- of r; Sri r-+ O III � � 00 O E u 10000000000 >% —0 u m w Lr) w Dl N � w w O r 4-a ommm 1 @ON= E 9 w Ln m Ln m r` w w O w Ln w r- O w Ln 00 - O � w w lqr m w � m � � � � � ri r` O m Ln N r ri N N N N N m Lnn m -V)- i m -V)- of r; Sri r-+ O 0) � � 00 O VI. Vi. m w Lr) w Dl N � w w O w 00 4j)' -V)- -ch qj)- i/)- Ln ri w w m w Ln w �D w -V)- -Ln V)- -tn -V)- r` r O ( r- r (y ri Om1 rl 00 - O � -O �O/) m � �Ln n w w m m � � N w w r rl O O N N N r ri N N N N N N -t/)- - -V)- - -V)- i ih - -V)- as • IVA/ a II I I I I E m U. CL E 0 CL E x uj CL E kn ti iiiiii 11111P 8 8 8 Vlk Vl� I I I I q 2 C^ q I I Do k / \ / k \ \ N o m « # V4 V4 I I Do IRD" e e RX e Jr l it* e el, e o' E G e' ee e E iy e i In e e E r i i 4 O ri � N O O d' M O O O O 00 O t0 Mrl rl r-I LJ' r-I -t!- -t/)- qj , 4j)- N i!)- O ri � N O CAA d' 00 O O p O � � O t0 N rl � O l t!)- -U N ''mil' r-I i!)- O C N O CAA d' 00 O O p O � N N rl � O O t!)- -t/) ,� � r�-I i!)- CU C N CAA E L Qm O O f6 a� N N ctf � Q) •� O �d- O O O O r-i Ln r i r 4 O I- M Ln r O O O O Ln rl 00 M Ln O N O 00 M �.n ld� O • rl M d- ri O - j). -�. M N .n d N � O I- M N (3) O .--. O O Ln Ol I� `-i O O N Lr) �n O �.n ld� N ON .�, j/y. N rl d' M O 00 00 O r- O O O d' I- Ln 01 lZ O O O N 00 (Z d' M ON rl M N � +-J N N cu >� (D y— O cup O 'co CAA ' E 4- 00 O EF O c� ti C? 4-J O oC Q M I- r, Ln i r� a i J a l 0 a m000000000 E i t W �r it u �r it QL CID r , f ,; r ,, U.j E I I mmo e go O W U L.L HI cn 0 O1 o o i 0 c N Ln N WAW O � -t/- O I ,n -V)- O cV 0 V) C) E c: 0 a 6 Nam= moo $ 0 4-J x E U.j 0 O1 o o i 0 c N Ln N WAW O � -t/- O I ,n -V)- O cV i �f N)"f E , i 0 i 0 v l i �y i �y V CL CL CL � o �y i ,v i i i ,v �y E CL W buO 0 — uoW W W W� W Vl 0 0 0 I I NZ uY V) a 3/1 C"4 (`4 • • • • • • • 0 00 V) LL 4-J U m CL E c 0 w c *4-- cu cu u c :3 0 U 0 cu —0 E cu CU V) Ln 0 N 0 0 +j C: 0 4-1 m C: cu Ln cu 0 Ln r-i cu -0 =3 E w =3 +-j cu < CL cu V) • • • 0 Koc c U 0 C O L.L U E Ln c 0 u -0 -0 C M • C: -0 c cu Ln -r c u • 4-1 E Ln Ln C: < :3 0) 0 Ln U -n 0 r-_ t.0 0 E E +-j cu ai U > u 0 0 ai z in Ln r-i C) N C: 0 O C: .7 r u CL cn 0 .C: 0 U • c 0 *4-- CL 0 _0 U c _0 L- 0 _0 c cn _0 LL- +j U E 0 cr- Ln O 0 C: 0 _0 Ln C: 0 u -0 C: -0 Ln .C: U- r u U E 0 0 U cr- 9 • • • • • • • Lol I I I I City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: DCA14- 0009k, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: Jon Fortune Date: July 28, 2015 SUBJECT Hold a discussion on complementary amendments to the Denton Development Code; specifically Subchapters 5, 16, and 22, relating to Gas Well Drilling and Production, Definitions, and Procedures; in order to reconcile Denton's gas well regulations with House Bill 40 that was signed into law on May 18, 2015. BACKGROUND At the time of this posting, the backup materials for this agenda item are still being updated. They will be available to the public by 5:00 p.m. on Friday, July 24, 2015. OPTIONS RECOMMENDATION ESTIMATED SCHEDULE OF PROJECT PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION BID INFORMATION EXHIBITS Respectfully submitted: Aimee Bissett City of Denton Page 1 of 2 Printed on 7/23/2015 File #: DCA14- 0009k, Version: 1 Prepared by: Darren Groth Gas Well Administrator City of Denton Page 2 of 2 Printed on 7/23/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON Legislation Text File #: ID 15 -588, Version: 1 Agenda Information Sheet DEPARTMENT: Legal CM/ ACM: Anita Burgess, City Attorney Date: July 28, 2015 SUBJECT Hold a discussion and provide staff direction with regard to possible amendments to the City Council Rules of Procedure. BACKGROUND: The City Council heard a report from the City staff, at the April 21, 2015 City Council meeting, concerning possible amendments to the City Council Rules of Procedure. At that meeting, City staff explained that staff recommended: some revisions to the order of the Rules to make them more understandable; reorganization of two sections (Types of Meetings and Reports from Members of the Public); deletions of duplicative sections (Time Limits was specified in multiple and duplicative sections); updating of citations and correction of erroneous references; addition of a prohibition on distribution of political materials in the Council Chambers; addition of a video conferencing section; addition of a provision referencing Luncheon Meetings to comport with council practice; addition of procedures for Public Hearings, and; clarification of the 3/4 voting requirement. At the April 21, 2015 City Council meeting, staff sought Council direction as to: time limits for members of the public wishing to address Council; location on the agenda of public reports and public comments for the consent agenda. Having provided direction on these items, the City Council further expressed a desire to: clarify consensus direction at work sessions and luncheon meetings; further clarify the 3/4 majority vote requirements; lower the number of people required to constitute a Group or Organization and amend those attendant procedures; reserve unto the Council the right to limit speakers' time in the interest of meeting efficiency; create an "Open Microphone" procedure, and; add a provision allowing citizens to notify the City Secretary in the event they desire to speak to consent agenda items at the regular City Council meeting. A red -lined draft of the recommended staff changes was given to the City Council at the April 21, 2015 meeting. A second red -lined draft is now offered which includes (out of red -line) those items where Council reached consensus, and which further includes (with red - lines) those items Council expressed a desire to see in the draft. Staff has also proposed an addition to the section of the Rules relating to City Boards and Commissions to require that City Boards and Commissions comply with the policies and procedures of the City Secretary in preparing the minutes of meetings. Staff requests direction from Council as to the accuracy of the drafting in meeting the Council's desires, with City of Denton Page 1 of 2 Printed on 7/23/2015 File #: ID 15 -588, Version: 1 an eye toward adoption of the Rules at the City Council meeting of August 4, 2015. PRIOR ACTION/REVIEW: City Council Meeting of April 21, 2015. EXHIBITS: 1. Proposed Ordinance (redlined) 2. Proposed Ordinance (final form) 3. PowerPoint Presentation Respectfully Submitted, Anita Burgess City Attorney City of Denton Page 2 of 2 Printed on 7/23/2015 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 2011 -038 AND ENACTING A NEW SECTION 2 -29 OF THE CITY OF DENTON CODE OF ORDINANCES RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton desires to conduct the City Council meetings of the City of Denton in the most efficient and time effective manner; and WHEREAS, the City Council also desires to allow open dialogue by citizens of the community regarding the business of city government; and WHEREAS the City Council desires to streamline the City Council meetings, and facilitate citizen's access to make comments to their local governing body; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Section 2 -29 of the City Code, known as the Denton City Council Rules of Procedure, is hereby enacted to read as follows: 1. (2- 29(a)) AUTHORITY 1.1(1) Chart er: Pursuant to the provisions of Section 2.07 of the Charter of the City of Denton, Texas, the City Council hereby enacts these rules of procedure for all meetings of the City Council of the City of Denton, Texas. During any meeting, a reasonable opportunity shall be given for citizens to be heard under these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the Council Chamber including the city administrative staff, news media, and visitors. 2. (2- 29(b)) GENERAL RULES 2.1 (1) Meetings to be Public: All official meetings of the Council and Council committees and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetings Act, Chapter 551, TEx. Gov'T CODE (Vernon 2014), as amended, shall be open to the public. 2.2 (2) Quo rum: Four members of the Council shall constitute a quorum for the transaction of business. (Charter, Section 2.06) 2.3 (3) Compelling Attendance: No member shall be excused from attendance at a Council meeting except for good and valid reasons. It will be the duty of the Council member to notify the City Secretary prior to the meeting at which he or she is going to be absent. The City Secretary will record each Council member as being present or absent as a part of the minutes prepared for each Council meeting. S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc 2.4 (4) Misconduct: The Council may punish its own members for misconduct consistent with any Ethics Policy adopted by the Council. 2.5 (5) Minutes of Meetings: An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council. A certified agenda shall be prepared and shall be approved by the Mayor for all closed meetings for which a certified agenda is required to be kept in accordance with the Texas Open Meetings Act. 2.6 (6) Questions to Contain One Subject: All questions submitted for a vote shall contain one subject, except the City Council may approve all items which are on the consent agenda in one motion, regardless of how many subjects are contained in the consent agenda, so long as all items have been properly posted in accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a Council member. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.7 (7) Right to Floor: Any member desiring to speak shall be recognized by the Chairperson, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 (8) City Manager: The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused. He or she may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. (Charter, Section 5.03 (d)). 2.9 (9) City Attorney: The City Attorney, or Acting City Attorney, shall be available upon request for all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Council's parliamentarian. 2.10 (10) City Secretary: The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested by the Council. 2.11 (11) Officers and Employees: Any officer or employee of the City, when requested by the City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, such employee may present information relating to matters before the Council. 2.12 (12) Rules of Order: These rules govern the proceedings of the Council in all cases, except that where these rules are silent, the most recent Edition of Robert's Rules of Order shall govern. 2.13 (13) Suspension of Rules: Any provision of these rules not governed by the City Charter or other City Code provisions may be temporarily suspended by the affirmative vote of four members of the Council. The vote on any such suspension shall be taken by yeas or nays and PAGE 2 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc entered into the minutes of the Council. 2.14 (14) Amendment of Rules: These rules may be amended, or new rules adopted by the affirmative vote of four members of the Council, provided that the proposed amendments or new rules shall have been introduced before the City Council at a prior Council meeting. 3. (2- 29(c)) CODE OF CONDUCT 3.1 (1) Council members: a. During Council meetings, Council members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the Council. b. A Council member, once recognized, shall not be interrupted while speaking unless called to order by the Mayor or presiding officer, unless a point of order is raised by another member or the parliamentarian, or unless the speaker chooses to yield to questions from another member. If a Council member is called to order while he or she is speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled not to be in order, he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Council. 3.2 (2) Administrative Staff: a. Members of the Administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council, and shall have no voice unless and until recognized by the Chair. b. While the presiding officer shall have the authority to preserve decorum in meetings as far as staff members and City employees are concerned, the City Manager also shall be responsible for the orderly conduct and decorum of all City employees under his or her direction and control. c. The City Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings. d. All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any individual member thereof. e. No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirectly without permission of the presiding officer. 3.3 (3) Citizens: a. Citizens and other visitors are welcome to attend all public meetings of the City Council, and will be admitted to the City Council Chamber or other room in which the City Council is meeting, up to the fire safety capacity of the room. PAGE 3 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc b. All meeting attendees shall conduct themselves with propriety and decorum. Conversations between or among audience members should be conducted outside the meeting room. Attendees will refrain from excessively loud private conversations while the Council is in session. c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles, yells, and similar demonstrations shall not be permitted. d. Placards, banners, signs, pamphlets, flyers, or political materials of any type will not be permitted in the City Council Chamber or in any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in connection with presentations to the City Council, however, are permitted. e. Audience members may not place their feet on any chairs in the City Council Chamber or other room in which the City Council is meeting. f. Only City Council members and City staff may step onto the dais. g. All people wishing to address the City Council shall first be recognized by the presiding officer and shall limit their remarks to the matter under discussion. h. All remarks and questions addressed to the City Council shall be addressed to the City Council as a whole and not to any individual members. i. Any person addressing the City Council in the City Council Chamber shall do so from the lectern unless physically unable to do so. People addressing the City Council shall not be permitted to approach the dais. If they wish to hand out papers or other materials to the City Council, they should express that desire to the presiding officer, and the City Manager shall direct a staff member to hand out the materials. j. When the time has expired for a presentation to the City Council, the presiding officer shall direct the person speaking to cease. A second request from the presiding officer to cease speaking shall be cause of the removal of the speaker if that person continues to speak. k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs shall not obstruct, block, or otherwise be located in the doorway, entranceway, or walkways of the City Council Chambers or of any other room in which the City Council may choose to meet. Representatives of the electronic media may set up cameras and other equipment only in the back of the room. It is permissible for television camera operators to film for short periods of time (several minutes) from the entranceway to the City Council Chambers. Any radio station, which broadcasts the regular City Council meetings live, may hook their equipment up at the front of the room as long as it remains out of sight and out of the way. 1. There will be a uniformed City of Denton police officer present at all regular meetings of the City Council. This police officer shall act in the capacity of a security officer /sergeant -at- PAGE 4 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc arms, and shall enforce the meeting rules and act upon the direction of the presiding officer. m. Any person making personal, impertinent, profane, or slanderous remarks, or who becomes boisterous while addressing the City Council or who otherwise violates any of the above - mentioned rules while attending a City Council meeting shall be removed from the room at the direction of the presiding officer, and the person shall be barred from further audience before the City Council during that session of the City Council. If the presiding officer fails to act, any member of the City Council may move to require the offending person's removal, and the affirmative vote of a majority of the City Council shall require the presiding officer to act. The sergeant -at -arms, if so directed by the presiding officer or an affirmative vote of the majority of the City Council, shall remove the offending person from the meeting. 3.4 (4) Enforcement: The City Manager, in the absence of a designated law enforcement officer, shall act as Sergeant at Arms for the council, and shall furnish whatever assistance is needed to enforce the rules of decorum herein established. 3.5 (5) Seating Arrangement: The City Secretary, City Manager and City Attorney shall occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or more members of the Council may exchange seats. 3.6.1 (6) Videoconferencin : a. Procedures for meeting by videoconference if a quorum will be in one physical location: The council meeting notice shall specify where the quorum of the governmental body will be physically present, and the intent to have a quorum present at that location. The video and audio feed of a remote councilmember or employee shall be broadcast live at the meeting. Each portion of the meeting held by videoconference call that is required to be open to the public shall be visible and audible to the public at the location where the quorum is present. The location at which the quorum is present, and each remote location from which a member of the governmental body participates, shall have two - way audio and video communication with each other location during the entire meeting. Each participant's face in the videoconference call, while speaking, shall be clearly visible and audible to each other participant and, during the open portion of the meeting, to the members of the public in attendance at the location where a quorum is present, and at any other location of the meeting that is open to the public. The audio and video signals perceptible by members of the public at each location of the meeting shall meet or exceed minimum standards established by Texas Department of Information Resources (DIR) rules. The audio and video signals perceptible by members of the public at the location where the quorum is present and, any other location open to the public, shall be of sufficient quality so that members of the public at each location can observe the demeanor and hear the voice of each participant in the open portion of the meeting. If a problem occurs that causes a meeting to no longer be visible and audible to the public at the location where a quorum is present, the meeting shall be recessed until the problem is resolved, and if the problem is not resolved in six hours or less, the meeting shall be adjourned. The City shall make at least an audio recording of the meeting, and the recording shall be made available to the public. PAGE 5 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc b. Procedures for meeting by videoconference if a quorum will not be in one physical location: The City shall make available to the public at least one suitable physical space in the City that is equipped with videoconference equipment that provides an audio and video display, as well as a camera and microphone, by which a member of the public can provide testimony or otherwise participate in the meeting. The member of the governmental body presiding over the meeting shall be present at this site, and the location must be open to the public. The meeting notice shall specify the physical space provided, and shall also specify the intent to have the presiding officer present at the location. Any member of the public present at this location shall be provided the opportunity to participate in the meeting by means of a videoconference call in the same manner as a person who is physically present at a meeting of the governmental body that is not conducted by videoconference. Each portion of the meeting held by videoconference call that is required to be open to the public shall be visible and audible to the public. The video and audio feed of a remote councilmember or employee shall be broadcast live at the meeting. The site provided in the City and each remote location from which a member participates, shall have two -way audio and video communication with each member who is participating by videoconference during the entire meeting. Each participant's face in the videoconference, while speaking, must be clearly visible and audible to each other participant and, during the open portion of the meeting, to the members of the public in attendance at the meeting location in the City, and at any other location of the meeting that may be open to the public. The audio and video signals perceptible by members of the public at each location of the meeting shall meet or exceed minimum standards established by DIR rules. The audio and video signals perceptible by members of the public at each location of the meeting that is open to the public, and each remote location, must be of sufficient quality so that members of the public at each location can observe the demeanor and hear the voice of each participant in the open portion of the meeting. If a problem occurs that causes the meeting to no longer be visible and audible to the public at the meeting site in the City, the meeting must be recessed until the problem is resolved, and if the problem is not resolved in six hours or less, the meeting shall be adjourned. The City shall make at least an audio recording of the meeting, and the recording shall be made available to the public. c. Council Members wishing to participate in a meeting by videoconference shall provide notice to the City Manager not less than seven (7) days prior to the meeting, and the Agenda Committee will consider such requests. 4. (2- 29(d)) TYPES OF MEETINGS 4.1 (1) Regular Meetings: The Council shall meet on the first and third Tuesday of each month, at such time as may be set by the City Council, unless the meeting is postponed or cancelled for valid reasons. All regular meetings of the Council will be held in City Hall at 215 East McKinney Street, Denton, Texas or at such other location as the City Council may, from time to time by proper posting under the Open Meetings Act and so long as the location is open to the public, designate. PAGE 6 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc 4.2 (2) Special Meetings: Special meetings may be called by the Mayor, the City Manager, or by any three members of the Council. The City Secretary shall post notice thereof as provided by the Texas Open Meetings Act. The Mayor, City Manager, or three of the council members may designate a location for the special meeting other than City Hall, as long as the location is open to the public. 4.3 (3) Workshop Meetings: Workshop meetings (also referred to as "work sessions ") may be held on the first and third Tuesday of each month at such time as may be set by the City Council, or on such other day as the City Council may designate and at such time as may be set by the City Council, to discuss near to mid or long range issues and to answer City Council questions concerning all agenda items. Workshops or work sessions may be called using the same procedure required for special meetings as provided for in Section 4.2(2) above. The purpose of the workshop meeting is to discuss or explore matters of interest to the City, to meet with City boards, commissions, or committee members, City staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Council or City Manager. These meetings are informational and normally no final action shall be taken unless the posted agenda indicates otherwise. However, the City Council mav, by consensus, provide general direction to staff with regard to matters of interest or concern, understanding such matters ultimately may require a formal vote of the Council for implementation. 4.4(4) Luncheon Meetings: Luncheon workshop or work session meetings may be held on the first Monday of each month at such time as may be set by the City Council, or on such other day as the City Council may designate. Such meetings may be called using the same procedure required for special meetings as provided for in Section 4.2(2) above. The purpose of the luncheon meeting is to discuss or explore matters of interest to the City, to meet with City boards, commissions, or committee members, City staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Council or City Manager. These meetings are informational and normally no final action shall be taken unless the posted agenda indicates otherwise. However, the City Council may, by consensus, provide general direction to staff with regard to matters of interest or concern, understanding such matters ultimately may require a formal vote of the Council for implementation. 4.5 (5) Emergency Meetings: In In case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the City Manager or by three members of the Council, and it shall be sufficient if the notice is posted two hours before the meeting is convened. 4.6 (6) Closed Meetings: The Council may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act. 4.7 (7) Recessed Meetings: Any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next business day. 4.8 (8) Notice of Meetings: The agenda for all meetings, including Council Committee or Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board PAGE 7 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the Texas Open Meetings Act. 5. (2- 29(e)) PRESIDING OFFICER AND DUTIES 5.1 (1) Presiding Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro -Tem, shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of the Mayor and the Mayor Pro -Tem, the Council shall elect a temporary presiding officer. (Charter, Section 2.03). 5.2 (2) Call to Order: The meetings of the Council shall be called to order by the Mayor, or in his or her absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro - Tem, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall be elected as provided above. 5.3 (3) Preservation of Order: The presiding officer shall preserve order and decorum, and confine members in debate to the question under discussion. The presiding officer shall call upon the Sergeant -at -Arms as necessary to enforce compliance with the rules contained herein. 5.4 (4) Points of Order: The presiding officer shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained ?" If a majority of the members present vote "No," the ruling of the chair is overruled; otherwise, it is sustained. 5.5 (5) Questions to be Stated: The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member, and upon the passage of all ordinances and resolutions. 5.6 (6) Substitution for Presiding Officer: The presiding officer may call any other member to take his or her place in the chair, such substitution not to continue beyond adjournment. 5.7 (7) Call for Recess: The presiding officer may call for a recess of up to fifteen (15) minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda, or if requested by any two members. 6. 2 -29 (f)(4)(5) ORDER OF BUSINESS 6.1 (1) Agenda: The order of business of each meeting shall be as contained in the agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee composed of the Mayor, the Mayor Pro Tem, and the City Manager. When items are removed from the consent agenda and placed on the regular agenda by members of the Council, the removed items shall be taken up in the order of removal right after the consent agenda. Placement of items on the agenda shall be governed by this ordinance; provided that if a Council member has an "emergency" item that the Council member believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee or at the direction of a majority of the Council. Conduct of business at special meetings will likewise be PAGE 8 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc governed by an agenda and these Rules of Procedure. 6.2 (2) Pledge of Allegiance: Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled city council meetings. This item shall begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with Section 3 100. 101 of the TEx. GOV'T CODE. 6.3 (3) Presentations by Members of Council or City Manager: The agenda shall provide a time when the Mayor or any Council member may bring before the Council any business that he or she feels should be deliberated upon by the Council at a future Council meeting. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or City staff shall only respond preliminarily on this item at the work session. If the City Council believes the item requires a more detailed review, the Council will give the City Manager or City Staff direction to place the item on a future regular meeting agenda and advise staff as to the background materials to be desired at such meeting. The City Council may receive from the City Manager or City staff or a member of the City Council reports about items of community interest including expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person's public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; 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; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda so long as authorized by the Texas Open Meetings Act. 6.4 (4) Presentations from Members of the Public: a. Reports from Members of the Public: Reports from members of the public shall be received through either of two methods: 1) prior registration or 2) open microphone. 1) Prior Registration. Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. Such reports shall be heard either at the beginning of the regular meeting of the City Council, or later on the council's agenda at a place determined by the Agenda Committee in light of the length of the agenda and the anticipation of time needed for the agenda items under consideration. Placement of citizen reports at the beginning of the agenda shall be determined by a rule of rotation as follows: Every member of the public will be given an opportunity for placement of their report at the beginning of the regular city council meeting PAGE 9 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc once every six (6) months; should a citizen desire to present reports more frequently than once every 6 months, such reports will be heard by the council at the time determined by the Agenda Committee. Speakers will be assigned to the first part of the meeting on a first come, first served basis with a limit of three (3) speakers assigned to this early forum. It is the intent of the rule of rotation to better manage the time of the City Council members, the city staff, and to fashion some more available and convenient time for all members of the public to address the City Council on a non - discriminatory and rotating basis. No person may fill out a "request to speak" form in order to speak or comment on another person's report, which is given at the same Council meeting. An announcement may be made, prior to the time for reports from members of the public on the agenda, summarizing the main portions of the Rules and the "Code of Conduct" as they may apply to members of the public speaking to the Council. Any speaker providing a report shall speak for no longer than four (4) minutes on all items that he or she may bring before the Council at each meeting. b. Work Session or Workshop Items: As it concerns the workshop agenda, citizens or other interested persons may not participate in the session unless invited to do so by the Mayor. If the Mayor invites citizens to participate in a work session, their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting on the item. Citizens should be advised of the nature of the work session, but that their input on these items is premature until such item is placed upon a City Council agenda for final action. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. c. Speaking on Consent and Regular Agenda Items: Any person who wishes to address the Council regarding a non -public hearing regular or consent agenda item that is on the Council's agenda, shall complete a "request to speak" form asking to speak regarding the item and shall return it to the City Secretary. On consent items, the request to speak card shall be submitted prior to the citizen comment on consent agenda items at the beginning of the City Council meeting. On regular agenda items, the request to speak card shall be submitted prior to the time the City Council considers the item. The Mayor will call upon the person who desires to speak. 1) Consent Agenda Items: When consent agenda items are posted on an agenda, citizens or other interested persons will be allowed to make citizen comment immediately after the opening of the City Council meeting and prior to workshop or work session items on the agenda by filling out a "request to speak" card (aka a "blue card ") asking to speak on any PAGE 10 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc 2) Regular Agenda Items: During the regular session of the City Council meeting, any citizen or interested person may comment on an item posted on the agenda for final action. Any person who wishes to address the Council regarding a non -public hearing item that is on the Council's agenda, shall complete a "request to speak" form asking to speak regarding the item and shall return it to the City Secretary before the Council considers the item. This procedure applies to speakers desiring to speak to items for individual consideration on the agenda during the regular meeting of the City Council. The Mayor will call upon the person to speak. Speakers will be allowed three (3) minutes per speaker as to any particular agenda item being considered by the City Council. d. Public Hearings: 2) To facilitate the public hearing process in zoning cases the following procedure will be used: a) The Mayor reads the zoning case caption, and then opens the public hearing. b) The City Manager introduces the City Staff for presentation. c) City Staff presents facts relevant to the matter. d) The applicant presents his or her case, with potential questions of the applicant from the City Council. PAGE 11 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc e) The Council receives input from the public, with potential questions of speakers from the City Council. f) The applicant will be given an opportunity to make rebuttal comments. g) The City Staff and/or the applicant will answer any questions of the City Council. h) Upon conclusion of these questions and answers, the Mayor will continue or close the public hearing. f Discretionary Time: At the discretion of the presiding officer or a majority of the City Council, any speaker may be granted an extension of time to speak. g. AudioNisual Aids: Any citizen desiring to use audio /visual aids during presentations to Council shall submit such presentation to the City Secretary 24 hours prior to the meeting where the presentation will occur. 6.5 (5) Presentation of Proclamations: The agenda may provide a time for the presentation of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose. 7. (2- 29(g)) CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 (1) Printed or Typewritten Form: All ordinances and resolutions shall be presented to the Council in printed, typewritten or electronic form. The Council may, by proper motion, amend any ordinance or resolution presented to it at the meeting at which it is presented or direct that the amended ordinance be placed on the next or any future Council Agenda for adoption. 7.2 (2) City Attorney to Approve: All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she shall file a written opinion on the legality of such ordinance, resolution or contract prior to submission to the Council. (Charter, Section 6.02). PAGE 12 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc 7.3 (3) Distribution of Ordinances and Resolutions: The City Manager shall prepare copies of all proposed ordinances and resolutions for distribution to all members of the Council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient. 7.4 (4) Recording of Votes: The yeas and nays shall be taken upon the passage of all ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter, Section 2.06 (b)). 7.5 (5) Majority Vote Required: An affirmative vote of four (4) members is necessary to repeal any ordinance or take any official action in the name of the City except as otherwise provided in the Charter, by the laws of the State of Texas, or these Rules. (Charter, Section 2.06). 7.5.1(a) Tie -Vote: Matters voted on by the City Council which end in a tie -vote shall automatically be placed on each subsequent Council meeting agenda until a full Council is present. 7.6 (6) Demand for Roll Call: Upon demand of any member, the roll shall be called for yeas and nays upon any question before the Council, with the exception of those circumstances set forth in Section 7.12, The Previous Question. It shall not be in order for members to explain their vote during the roll call. 7.7 (7) Personal Privilege: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are assailed, questioned, or impugned. 7.8 (8) Dissents and Protests: Any member shall have the right to express dissent from or protest against any ordinance or resolution of the Council and have the reason therefor entered upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to. 7.9 (9) Voting Required: No member shall be excused from voting except for lack of information and except on matters involving the consideration of his or her own official conduct, or where his or her personal interests are involved in accordance with Chapter 171, TEX. Loc. GOV T CODE (Vernon 2014), and in these instances he or she shall abstain. Any member prohibited from voting by personal interest shall announce this at the commencement of consideration of the matter and shall not enter into discussion or debate on any such matter, shall leave the meeting room, and shall file an affidavit of recusal. The member having briefly stated the reason for his or her request, the excuse from voting shall be made without debate. 7.10 (10) Order of Precedence of Motions: a. The following motions shall have priority in the order indicated: 1. Adjourn (when unqualified) and is not debatable and may not be amended; PAGE 13 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc 2. Take a recess (when privileged); 3. Raise a question of privilege; 4. Lay on the table; 5. Previous question (2/3 vote required); 6. Limit or extend limits of debate (2/3 vote required); 7. Postpone to a certain time; 8. Commit or refer; 9. Amend; 10. Postpone indefinitely; 11. Main Motion. b. The first two motions are not always privileged. To adjourn shall lose its privilege character and be a main motion if in any way qualified. To take a recess shall be privileged only when other business is pending. c. A motion to adjourn is not in order: 1. When repeated without intervening business or discussion; 2. When made as an interruption of a member while speaking; 3. While a vote is being taken. d. Only certain motions may be amended as provided in the most current edition of Robert's Rules of Order, revised. A motion to amend shall be undebatable when the question to be amended is undebatable. 7.11 (11) Reconsideration: A motion to reconsider any action of the Council can be made not later than the next succeeding official meeting of the Council. Such a motion can only be made by a member who voted with the prevailing side. It can be seconded by any member. In order to comply with the Texas Open Meetings Act, any Council member who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall notify the City Manager to place the item for reconsideration on the Council agenda. No question shall be twice reconsidered, except by unanimous consent of the Council, except that action related to any contract may be reconsidered at any time before the final execution thereof. A matter which was not timely reconsidered in the manner provided by this section or was reconsidered but the action originally taken was not changed by the Council cannot be reintroduced to the Council or placed on a Council PAGE 14 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc meeting agenda for a period of six (6) months unless this rule is suspended as provided for in these Rules of Procedure. 7.12 (12) The Previous Question: When the previous question is moved and seconded, it shall be put as follows: "Shall the main question be now put ? ". There shall then be no further amendment or debate; except that nothing herein shall allow the previous question to be called prior to a least one opportunity for each member of the Council to speak on the question before the Council. Any pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the main question remains before the Council. An affirmative vote of 2/3 of the Council shall be required to move the previous question. To demand the previous question is equivalent in effect to moving "That debate now cease, and the Council shall immediately proceed to vote on the pending motion ". In practice, this is done with the phrase "Call for the question ", or simply saying "Question ". 7.13 (13) Withdrawal of Motions: A motion may be withdrawn, or modified, by its movant without asking permission until the motion has been stated by the Presiding Officer. If the movant modifies his or her motion, the seconding council member may withdraw his or her second. After the question has been stated, the movant shall neither withdraw it nor modify it without the consent of the Council. The subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 7.14 (14) Appropriations of Money: Before formal approval by the Council of motions providing for appropriation of money, information must be presented to the Council showing purpose of the appropriation. In addition, before finally acting on such an appropriation, the Council shall obtain a report from the City Manager as to the availability of funds and his or her recommendations as to the desirability of the appropriation. 7.15 (15) Transfer of Appropriations: At the request of the City Manager, at any time during the fiscal year, the Council may by resolution transfer an unencumbered balance of an appropriation made for the use of one department, division, or purpose; but no transfer shall be made of revenues or earnings of any non -tax supported public utility to any other purpose. 8. (2- 29(h)) CREATION OF COMMITTEES, BOARDS AND COMMISSIONS 8.1 (1) Council Committees: The Council may, by resolution and as the need arises, authorize the appointment of Council committees. Any committee so created shall cease to exist when abolished by resolution of the Council. Council Committees shall comply with the Texas Open Meetings Act. 8.2 (2) Citizen Boards, Commissions, and Committees: The Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the City Charter or Code. Creation of such Committees, Boards and Commissions and memberships and selection of members shall be by Council resolution if not otherwise specified by the City Charter or Code. Any Committee, Board, or Commission so created shall cease to exist when abolished by a resolution PAGE 15 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc approved by the Council. No Committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter or Code. 8.3 (3) Appointments: a. Individual City Council members making nominations for members to citizen boards and commissions will consider interested persons on a citywide basis. b. The City Council will make an effort to be inclusive of all segments of the community in the board and commission appointment process. City Council members will consider ethnicity, gender, socio- economic levels, and other factors to ensure a diverse representation of Denton citizens. c. The City Council will take into consideration an individual's qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. d. In an effort to ensure maximum citizen participation, City Council members will continue the general practice of nominating new citizens to replace board members who have served three consecutive terms on the same board per the provisions of Denton Code of Ordinances, Sec. 2- 65. e. Each City Council member will be responsible for making nominations for board and commission places assigned to him or her, which shall correspond to the City Council member's place. Individual City Council members will make nominations to the full City Council for the governing body's approval or disapproval. 9. (2 -29 (i)) VOTES REQUIRED Questions on which the voting requirement is varied by the Charter, State Statutes and these rules are listed below: 9.1 (1) Charter and State Statutory Requirements: a. Charter Amendment - Five Votes: Ordinances submitting proposed Charter amendments must be adopted by a two - thirds vote of the Council. (TEx. CONST. art. XI, §3 and Chapter 9, TEX. Loc. Gov'T CODE (Vernon 2014.) For a seven member Council, this means five members must vote affirmatively. PAGE 16 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc b. Leaving Taxes - Five Votes: Ordinances providing for the assessment and collection of certain taxes require the approval of two - thirds of the members of the Council (TEx. Tax CODE §302.101 (Vernon 2014)). c. Changing Paving Assessment Plans - Five Votes: Changes in plans for paving assessment require a two - thirds vote of the Council (TEx. TRANSP. CODE §313.053(e) (Vernon 2014)). d. Changes in Zoning Ordinance or Zoning Classifications: In cases of a written protest of a change in a zoning regulation or zoning classification by the owners of twenty (20 %) percent or more either of the area of the lots included in such proposed change, or of the lots immediately adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not become effective except by the favorable vote of three - fourths (3/4) of all members of the City Council; further, three - fourths (3/4) of all the members of the City Council is required to override the decision of the Planning and Zoning Commission that a zoning change be denied (TEX. Loc. Gov'T CODE § 211.066 Tex. (Vernon 2014) and Section 35.3.4.C.(4) Denton City Code (Development Code)). ( "All" members of the City Council is construed to mean all who are qualified to vote on a matter, and any legal disqualification of a member could change the requisite number of votes required for passage. City of Alaino Heights v. Gerety et al., 264 S.W. 2d 778 (Ct. App. — San Antonio (1954)). e. Amendment of Tax Abatement Policy: The guidelines and criteria adopted as the City's Tax Abatement Policy may be amended or repealed by a vote of three - fourths (3/4) of all members of the City Council (TEx. Tax CODE §312.002(c) (Vernon 2014)). 10. (2 -290)) SEVERABILITY CLAUSE 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 such invalidity. SECTION 2. That Ordinance No. 2011 -038 is repealed. SECTION 3. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12015. CHRIS WATTS, MAYOR PAGE 17 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015- Redline.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY mm PAGE 18 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 2011 -038 AND ENACTING A NEW SECTION 2 -29 OF THE CITY OF DENTON CODE OF ORDINANCES RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton desires to conduct the City Council meetings of the City of Denton in the most efficient and time effective manner; and WHEREAS, the City Council also desires to allow open dialogue by citizens of the community regarding the business of city government; and WHEREAS the City Council desires to streamline the City Council meetings, and facilitate citizen's access to make comments to their local governing body; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Section 2 -29 of the City Code, known as the Denton City Council Rules of Procedure, is hereby enacted to read as follows: 1. (2- 29(a)) AUTHORITY 1.1(1) Chart er: Pursuant to the provisions of Section 2.07 of the Charter of the City of Denton, Texas, the City Council hereby enacts these rules of procedure for all meetings of the City Council of the City of Denton, Texas. During any meeting, a reasonable opportunity shall be given for citizens to be heard under these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the Council Chamber including the city administrative staff, news media, and visitors. 2. (2- 29(b)) GENERAL RULES 2.1 (1) Meetings to be Public: All official meetings of the Council and Council committees and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetings Act, Chapter 551, TEx. Gov'T CODE (Vernon 2014), as amended, shall be open to the public. 2.2 (2) Quo rum: Four members of the Council shall constitute a quorum for the transaction of business. (Charter, Section 2.06) 2.3 (3) Compelling Attendance: No member shall be excused from attendance at a Council meeting except for good and valid reasons. It will be the duty of the Council member to notify the City Secretary prior to the meeting at which he or she is going to be absent. The City Secretary will record each Council member as being present or absent as a part of the minutes prepared for each Council meeting. S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc 2.4 (4) Misconduct: The Council may punish its own members for misconduct consistent with any Ethics Policy adopted by the Council. 2.5 (5) Minutes of Meetings: An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council. A certified agenda shall be prepared and shall be approved by the Mayor for all closed meetings for which a certified agenda is required to be kept in accordance with the Texas Open Meetings Act. 2.6 (6) Questions to Contain One Subject: All questions submitted for a vote shall contain one subject, except the City Council may approve all items which are on the consent agenda in one motion, regardless of how many subjects are contained in the consent agenda, so long as all items have been properly posted in accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a Council member. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.7 (7) Right to Floor: Any member desiring to speak shall be recognized by the Chairperson, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 (8) City Manager: The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused. He or she may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. (Charter, Section 5.03 (d)). 2.9 (9) City Attorney: The City Attorney, or Acting City Attorney, shall be available upon request for all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Council's parliamentarian. 2.10 (10) City Secretary: The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested by the Council. 2.11 (11) Officers and Employees: Any officer or employee of the City, when requested by the City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, such employee may present information relating to matters before the Council. 2.12 (12) Rules of Order: These rules govern the proceedings of the Council in all cases, except that where these rules are silent, the most recent Edition of Robert's Rules of Order shall govern. 2.13 (13) Suspension of Rules: Any provision of these rules not governed by the City Charter or other City Code provisions may be temporarily suspended by the affirmative vote of four members of the Council. The vote on any such suspension shall be taken by yeas or nays and PAGE 2 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc entered into the minutes of the Council. 2.14 (14) Amendment of Rules: These rules may be amended, or new rules adopted by the affirmative vote of four members of the Council, provided that the proposed amendments or new rules shall have been introduced before the City Council at a prior Council meeting. 3. (2- 29(c)) CODE OF CONDUCT 3.1 (1) Council members: a. During Council meetings, Council members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the Council. b. A Council member, once recognized, shall not be interrupted while speaking unless called to order by the Mayor or presiding officer, unless a point of order is raised by another member or the parliamentarian, or unless the speaker chooses to yield to questions from another member. If a Council member is called to order while he or she is speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled not to be in order, he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Council. 3.2 (2) Administrative Staff: a. Members of the Administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council, and shall have no voice unless and until recognized by the Chair. b. While the presiding officer shall have the authority to preserve decorum in meetings as far as staff members and City employees are concerned, the City Manager also shall be responsible for the orderly conduct and decorum of all City employees under his or her direction and control. c. The City Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings. d. All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any individual member thereof. e. No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirectly without permission of the presiding officer. 3.3 (3) Citizens: a. Citizens and other visitors are welcome to attend all public meetings of the City Council, and will be admitted to the City Council Chamber or other room in which the City Council is meeting, up to the fire safety capacity of the room. PAGE 3 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc b. All meeting attendees shall conduct themselves with propriety and decorum. Conversations between or among audience members should be conducted outside the meeting room. Attendees will refrain from excessively loud private conversations while the Council is in session. c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles, yells, and similar demonstrations shall not be permitted. d. Placards, banners, signs, pamphlets, flyers, or political materials of any type will not be permitted in the City Council Chamber or in any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in connection with presentations to the City Council, however, are permitted. e. Audience members may not place their feet on any chairs in the City Council Chamber or other room in which the City Council is meeting. f. Only City Council members and City staff may step onto the dais. g. All people wishing to address the City Council shall first be recognized by the presiding officer and shall limit their remarks to the matter under discussion. h. All remarks and questions addressed to the City Council shall be addressed to the City Council as a whole and not to any individual members. i. Any person addressing the City Council in the City Council Chamber shall do so from the lectern unless physically unable to do so. People addressing the City Council shall not be permitted to approach the dais. If they wish to hand out papers or other materials to the City Council, they should express that desire to the presiding officer, and the City Manager shall direct a staff member to hand out the materials. j. When the time has expired for a presentation to the City Council, the presiding officer shall direct the person speaking to cease. A second request from the presiding officer to cease speaking shall be cause of the removal of the speaker if that person continues to speak. k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs shall not obstruct, block, or otherwise be located in the doorway, entranceway, or walkways of the City Council Chambers or of any other room in which the City Council may choose to meet. Representatives of the electronic media may set up cameras and other equipment only in the back of the room. It is permissible for television camera operators to film for short periods of time (several minutes) from the entranceway to the City Council Chambers. Any radio station, which broadcasts the regular City Council meetings live, may hook their equipment up at the front of the room as long as it remains out of sight and out of the way. 1. There will be a uniformed City of Denton police officer present at all regular meetings of the City Council. This police officer shall act in the capacity of a security officer /sergeant -at- PAGE 4 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc arms, and shall enforce the meeting rules and act upon the direction of the presiding officer. m. Any person making personal, impertinent, profane, or slanderous remarks, or who becomes boisterous while addressing the City Council or who otherwise violates any of the above - mentioned rules while attending a City Council meeting shall be removed from the room at the direction of the presiding officer, and the person shall be barred from further audience before the City Council during that session of the City Council. If the presiding officer fails to act, any member of the City Council may move to require the offending person's removal, and the affirmative vote of a majority of the City Council shall require the presiding officer to act. The sergeant -at -arms, if so directed by the presiding officer or an affirmative vote of the majority of the City Council, shall remove the offending person from the meeting. 3.4 (4) Enforcement: The City Manager, in the absence of a designated law enforcement officer, shall act as Sergeant at Arms for the council, and shall furnish whatever assistance is needed to enforce the rules of decorum herein established. 3.5 (5) Seating Arrangement: The City Secretary, City Manager and City Attorney shall occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or more members of the Council may exchange seats. 3.6.1 (6) Videoconferencin : a. Procedures for meeting by videoconference if a quorum will be in one physical location: The council meeting notice shall specify where the quorum of the governmental body will be physically present, and the intent to have a quorum present at that location. The video and audio feed of a remote councilmember or employee shall be broadcast live at the meeting. Each portion of the meeting held by videoconference call that is required to be open to the public shall be visible and audible to the public at the location where the quorum is present. The location at which the quorum is present, and each remote location from which a member of the governmental body participates, shall have two - way audio and video communication with each other location during the entire meeting. Each participant's face in the videoconference call, while speaking, shall be clearly visible and audible to each other participant and, during the open portion of the meeting, to the members of the public in attendance at the location where a quorum is present, and at any other location of the meeting that is open to the public. The audio and video signals perceptible by members of the public at each location of the meeting shall meet or exceed minimum standards established by Texas Department of Information Resources (DIR) rules. The audio and video signals perceptible by members of the public at the location where the quorum is present and, any other location open to the public, shall be of sufficient quality so that members of the public at each location can observe the demeanor and hear the voice of each participant in the open portion of the meeting. If a problem occurs that causes a meeting to no longer be visible and audible to the public at the location where a quorum is present, the meeting shall be recessed until the problem is resolved, and if the problem is not resolved in six hours or less, the meeting shall be adjourned. The City shall make at least an audio recording of the meeting, and the recording shall be made available to the public. PAGE 5 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc b. Procedures for meeting by videoconference if a quorum will not be in one physical location: The City shall make available to the public at least one suitable physical space in the City that is equipped with videoconference equipment that provides an audio and video display, as well as a camera and microphone, by which a member of the public can provide testimony or otherwise participate in the meeting. The member of the governmental body presiding over the meeting shall be present at this site, and the location must be open to the public. The meeting notice shall specify the physical space provided, and shall also specify the intent to have the presiding officer present at the location. Any member of the public present at this location shall be provided the opportunity to participate in the meeting by means of a videoconference call in the same manner as a person who is physically present at a meeting of the governmental body that is not conducted by videoconference. Each portion of the meeting held by videoconference call that is required to be open to the public shall be visible and audible to the public. The video and audio feed of a remote councilmember or employee shall be broadcast live at the meeting. The site provided in the City and each remote location from which a member participates, shall have two -way audio and video communication with each member who is participating by videoconference during the entire meeting. Each participant's face in the videoconference, while speaking, must be clearly visible and audible to each other participant and, during the open portion of the meeting, to the members of the public in attendance at the meeting location in the City, and at any other location of the meeting that may be open to the public. The audio and video signals perceptible by members of the public at each location of the meeting shall meet or exceed minimum standards established by DIR rules. The audio and video signals perceptible by members of the public at each location of the meeting that is open to the public, and each remote location, must be of sufficient quality so that members of the public at each location can observe the demeanor and hear the voice of each participant in the open portion of the meeting. If a problem occurs that causes the meeting to no longer be visible and audible to the public at the meeting site in the City, the meeting must be recessed until the problem is resolved, and if the problem is not resolved in six hours or less, the meeting shall be adjourned. The City shall make at least an audio recording of the meeting, and the recording shall be made available to the public. c. Council Members wishing to participate in a meeting by videoconference shall provide notice to the City Manager not less than seven (7) days prior to the meeting, and the Agenda Committee will consider such requests. 4. (2- 29(d)) TYPES OF MEETINGS 4.1 (1) Regular Meetings: The Council shall meet on the first and third Tuesday of each month, at such time as may be set by the City Council, unless the meeting is postponed or cancelled for valid reasons. All regular meetings of the Council will be held in City Hall at 215 East McKinney Street, Denton, Texas or at such other location as the City Council may, from time to time by proper posting under the Open Meetings Act and so long as the location is open to the public, designate. PAGE 6 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc 4.2 (2) Special Meetings: Special meetings may be called by the Mayor, the City Manager, or by any three members of the Council. The City Secretary shall post notice thereof as provided by the Texas Open Meetings Act. The Mayor, City Manager, or three of the council members may designate a location for the special meeting other than City Hall, as long as the location is open to the public. 4.3 (3) Workshop Meetings: Workshop meetings (also referred to as "work sessions ") may be held on the first and third Tuesday of each month at such time as may be set by the City Council, or on such other day as the City Council may designate and at such time as may be set by the City Council, to discuss near to mid or long range issues and to answer City Council questions concerning all agenda items. Workshops or work sessions may be called using the same procedure required for special meetings as provided for in Section 4.2(2) above. The purpose of the workshop meeting is to discuss or explore matters of interest to the City, to meet with City boards, commissions, or committee members, City staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Council or City Manager. These meetings are informational and normally no final action shall be taken unless the posted agenda indicates otherwise. However, the City Council may, by consensus, provide general direction to staff with regard to matters of interest or concern, understanding such matters ultimately may require a formal vote of the Council for implementation. 4.4(4) Luncheon Meetings: Luncheon workshop or work session meetings may be held on the first Monday of each month at such time as may be set by the City Council, or on such other day as the City Council may designate. Such meetings may be called using the same procedure required for special meetings as provided for in Section 4.2(2) above. The purpose of the luncheon meeting is to discuss or explore matters of interest to the City, to meet with City boards, commissions, or committee members, City staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Council or City Manager. These meetings are informational and normally no final action shall be taken unless the posted agenda indicates otherwise. However, the City Council may, by consensus, provide general direction to staff with regard to matters of interest or concern, understanding such matters ultimately may require a formal vote of the Council for implementation. 4.5 (5) Emergency Meetings: In In case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the City Manager or by three members of the Council, and it shall be sufficient if the notice is posted two hours before the meeting is convened. 4.6 (6) Closed Meetings: The Council may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act. 4.7 (7) Recessed Meetings: Any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next business day. 4.8 (8) Notice of Meetings: The agenda for all meetings, including Council Committee or Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board PAGE 7 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the Texas Open Meetings Act. 5. (2- 29(e)) PRESIDING OFFICER AND DUTIES 5.1 (1) Presiding Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro -Tem, shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of the Mayor and the Mayor Pro -Tem, the Council shall elect a temporary presiding officer. (Charter, Section 2.03). 5.2 (2) Call to Order: The meetings of the Council shall be called to order by the Mayor, or in his or her absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro - Tem, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall be elected as provided above. 5.3 (3) Preservation of Order: The presiding officer shall preserve order and decorum, and confine members in debate to the question under discussion. The presiding officer shall call upon the Sergeant -at -Arms as necessary to enforce compliance with the rules contained herein. 5.4 (4) Points of Order: The presiding officer shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained ?" If a majority of the members present vote "No," the ruling of the chair is overruled; otherwise, it is sustained. 5.5 (5) Questions to be Stated: The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member, and upon the passage of all ordinances and resolutions. 5.6 (6) Substitution for Presiding Officer: The presiding officer may call any other member to take his or her place in the chair, such substitution not to continue beyond adjournment. 5.7 (7) Call for Recess: The presiding officer may call for a recess of up to fifteen (15) minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda, or if requested by any two members. 6. 2 -29 (f)(4)(5) ORDER OF BUSINESS 6.1 (1) Agenda: The order of business of each meeting shall be as contained in the agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee composed of the Mayor, the Mayor Pro Tem, and the City Manager. When items are removed from the consent agenda and placed on the regular agenda by members of the Council, the removed items shall be taken up in the order of removal right after the consent agenda. Placement of items on the agenda shall be governed by this ordinance; provided that if a Council member has an "emergency" item that the Council member believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee or at the direction of a majority of the Council. Conduct of business at special meetings will likewise be PAGE 8 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc governed by an agenda and these Rules of Procedure. 6.2 (2) Pledge of Allegiance: Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled city council meetings. This item shall begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with Section 3 100. 101 of the TEx. GOVT CODE. 6.3 (3) Presentations by Members of Council or City Manager: The agenda shall provide a time when the Mayor or any Council member may bring before the Council any business that he or she feels should be deliberated upon by the Council at a future Council meeting. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or City staff shall only respond preliminarily on this item at the work session. If the City Council believes the item requires a more detailed review, the Council will give the City Manager or City Staff direction to place the item on a future regular meeting agenda and advise staff as to the background materials to be desired at such meeting. The City Council may receive from the City Manager or City staff or a member of the City Council reports about items of community interest including expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person's public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; 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; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda so long as authorized by the Texas Open Meetings Act. 6.4 (4) Presentations from Members of the Public: a. Reports from Members of the Public: Reports from members of the public shall be received through either of two methods: 1) prior registration or 2) open microphone. Prior Registration. Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. Such reports shall be heard either at the beginning of the regular meeting of the City Council, or later on the council's agenda at a place determined by the Agenda Committee in light of the length of the agenda and the anticipation of time needed for the agenda items under consideration. Placement of citizen reports at the beginning of the agenda shall be determined by a rule of rotation as follows: Every member of the public will be given an opportunity for placement of their report at the beginning of the regular city council meeting PAGE 9 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc once every six (6) months; should a citizen desire to present reports more frequently than once every 6 months, such reports will be heard by the council at the time determined by the Agenda Committee. Speakers will be assigned to the first part of the meeting on a first come, first served basis with a limit of three (3) speakers assigned to this early forum. It is the intent of the rule of rotation to better manage the time of the City Council members, the city staff, and to fashion some more available and convenient time for all members of the public to address the City Council on a non - discriminatory and rotating basis. Open Microphone: At the beginning of the regular meeting of the City Council, any person who has not registered to speak as above described may make comments through the open microphone procedure. At the time the City Council calls the Open Microphone comment period, a person may present himself or herself and make public comments regarding public business. This Open Microphone procedure is limited to two speakers per meeting of the City Council. No person may fill out a "request to speak" form in order to speak or comment on another person's report, which is given at the same Council meeting. An announcement may be made, prior to the time for reports from members of the public on the agenda, summarizing the main portions of the Rules and the "Code of Conduct" as they may apply to members of the public speaking to the Council. Any speaker providing a report shall speak for no longer than four (4) minutes on all items that he or she may bring before the Council at each meeting. b. Work Session or Workshop Items: As it concerns the workshop agenda, citizens or other interested persons may not participate in the session unless invited to do so by the Mayor. If the Mayor invites citizens to participate in a work session, their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting on the item. Citizens should be advised of the nature of the work session, but that their input on these items is premature until such item is placed upon a City Council agenda for final action. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. c. Speaking on Consent and Regular Agenda Items: Any person who wishes to address the Council regarding a non -public hearing regular or consent agenda item that is on the Council's agenda, shall complete a "request to speak" form asking to speak regarding the item and shall return it to the City Secretary. On consent items, the request to speak card shall be submitted prior to the citizen comment on consent agenda items at the beginning of the City Council meeting. On regular agenda items, the request to speak card shall be submitted prior to the time the City Council considers the item. The Mayor will call upon the person who desires to speak. 1) Consent Agenda Items: When consent agenda items are posted on an agenda, citizens or other interested persons will be allowed to make citizen comment immediately after the opening of the City Council meeting and prior to workshop or work session items on the agenda by filling out a "request to speak" card (aka a "blue card ") asking to speak on any PAGE 10 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc or all consent agenda items and returning the form to the City Secretary. In the event a person is unable to attend the City Council workshop or work session, he or she may contact the City Secretary prior to the opening of the meeting and request that a consent agenda item be pulled from the consent agenda in order to allow comment as an individual item at the regular meeting of the City Council. The City Secretary shall make any such request known to the City Council. Consent agenda items are generally routine nature, so comment at this time facilitates the regular council meeting where no citizen comment on consent agenda items will be permitted, unless the item is removed from the consent agenda by a member of the Council to be considered as an individual item during the regular meeting. Speakers will be allowed three (3) minutes per speaker and may comment on any or all consent agenda items so long as any speaker's time does not exceed a total of three (3) minutes. 2) Regular Agenda Items: During the regular session of the City Council meeting, any citizen or interested person may comment on an item posted on the agenda for final action. Any person who wishes to address the Council regarding a non -public hearing item that is on the Council's agenda, shall complete a "request to speak" form asking to speak regarding the item and shall return it to the City Secretary before the Council considers the item. This procedure applies to speakers desiring to speak to items for individual consideration on the agenda during the regular meeting of the City Council. The Mayor will call upon the person to speak. Speakers will be allowed three (3) minutes per speaker as to any particular agenda item being considered by the City Council. d. Public Hearings: 1) Any person who wishes to address the Council at a public hearing is encouraged to complete a "request to speak" form and return it to the City Secretary before the applicable hearing. The Mayor will call upon the person to speak. Speakers will be allowed four (4) minutes per speaker as to any public hearing item. However, if numerous speakers desire to comment on an item, Council may limit speakers to three (3) minutes per speaker. Applicants and their agents on public hearing items shall be allowed to speak for no longer than ten (10) minutes per speaker with a total of twenty (20) minutes for all speakers representing the applicant. 2) To facilitate the public hearing process in zoning cases the following procedure will be used: a) The Mayor reads the zoning case caption, and then opens the public hearing. b) The City Manager introduces the City Staff for presentation. c) City Staff presents facts relevant to the matter. d) The applicant presents his or her case, with potential questions of the applicant from the City Council. PAGE 11 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc e) The Council receives input from the public, with potential questions of speakers from the City Council. f) The applicant will be given an opportunity to make rebuttal comments. g) The City Staff and/or the applicant will answer any questions of the City Council. h) Upon conclusion of these questions and answers, the Mayor will continue or close the public hearing. e. Groups or Organizations: Any group or organization comprised of four (4) or more members present in the City Council Chambers who wishes to address the Council at a public hearing or on a non -public hearing agenda item shall designate a representative to address the City Council and shall limit their remarks to ten (10) minutes or less. The group or organization shall turn in a written designation to the City Secretary, on cards prepared by the City Secretary of a different color from cards submitted by individual speakers, prior to the commencement of the meeting identifying the representative who will address the City Council on behalf of the group or organization. At the time the representative is recognized by the Mayor to speak, the group or organization will be asked to stand to be recognized prior to the receipt of comments by the representative. f Discretionary Time: At the discretion of the presiding officer or a majority of the City Council, any speaker may be granted an extension of time to speak. g. AudioNisual Aids: Any citizen desiring to use audio /visual aids during presentations to Council shall submit such presentation to the City Secretary 24 hours prior to the meeting where the presentation will occur. 6.5 (5) Presentation of Proclamations: The agenda may provide a time for the presentation of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose. 7. (2- 29(g)) CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 (1) Printed or Typewritten Form: All ordinances and resolutions shall be presented to the Council in printed, typewritten or electronic form. The Council may, by proper motion, amend any ordinance or resolution presented to it at the meeting at which it is presented or direct that the amended ordinance be placed on the next or any future Council Agenda for adoption. 7.2 (2) City Attorney to Approve: All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she shall file a written opinion on the legality of such ordinance, resolution or contract prior to submission to the Council. (Charter, Section 6.02). PAGE 12 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc 7.3 (3) Distribution of Ordinances and Resolutions: The City Manager shall prepare copies of all proposed ordinances and resolutions for distribution to all members of the Council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient. 7.4 (4) Recording of Votes: The yeas and nays shall be taken upon the passage of all ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter, Section 2.06 (b)). 7.5 (5) Majority Vote Required: An affirmative vote of four (4) members is necessary to repeal any ordinance or take any official action in the name of the City except as otherwise provided in the Charter, by the laws of the State of Texas, or these Rules. (Charter, Section 2.06). 7.5.1(a) Tie -Vote: Matters voted on by the City Council which end in a tie -vote shall automatically be placed on each subsequent Council meeting agenda until a full Council is present. 7.6 (6) Demand for Roll Call: Upon demand of any member, the roll shall be called for yeas and nays upon any question before the Council, with the exception of those circumstances set forth in Section 7.12, The Previous Question. It shall not be in order for members to explain their vote during the roll call. 7.7 (7) Personal Privilege: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are assailed, questioned, or impugned. 7.8 (8) Dissents and Protests: Any member shall have the right to express dissent from or protest against any ordinance or resolution of the Council and have the reason therefor entered upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to. 7.9 (9) Voting Required: No member shall be excused from voting except for lack of information and except on matters involving the consideration of his or her own official conduct, or where his or her personal interests are involved in accordance with Chapter 171, TEX. Loc. GOV T CODE (Vernon 2014), and in these instances he or she shall abstain. Any member prohibited from voting by personal interest shall announce this at the commencement of consideration of the matter and shall not enter into discussion or debate on any such matter, shall leave the meeting room, and shall file an affidavit of recusal. The member having briefly stated the reason for his or her request, the excuse from voting shall be made without debate. 7.10 (10) Order of Precedence of Motions: a. The following motions shall have priority in the order indicated: 1. Adjourn (when unqualified) and is not debatable and may not be amended; PAGE 13 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc 2. Take a recess (when privileged); 3. Raise a question of privilege; 4. Lay on the table; 5. Previous question (2/3 vote required); 6. Limit or extend limits of debate (2/3 vote required); 7. Postpone to a certain time; 8. Commit or refer; 9. Amend; 10. Postpone indefinitely; 11. Main Motion. b. The first two motions are not always privileged. To adjourn shall lose its privilege character and be a main motion if in any way qualified. To take a recess shall be privileged only when other business is pending. c. A motion to adjourn is not in order: 1. When repeated without intervening business or discussion; 2. When made as an interruption of a member while speaking; 3. While a vote is being taken. d. Only certain motions may be amended as provided in the most current edition of Robert's Rules of Order, revised. A motion to amend shall be undebatable when the question to be amended is undebatable. 7.11 (11) Reconsideration: A motion to reconsider any action of the Council can be made not later than the next succeeding official meeting of the Council. Such a motion can only be made by a member who voted with the prevailing side. It can be seconded by any member. In order to comply with the Texas Open Meetings Act, any Council member who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall notify the City Manager to place the item for reconsideration on the Council agenda. No question shall be twice reconsidered, except by unanimous consent of the Council, except that action related to any contract may be reconsidered at any time before the final execution thereof. A matter which was not timely reconsidered in the manner provided by this section or was reconsidered but the action originally taken was not changed by the Council cannot be reintroduced to the Council or placed on a Council PAGE 14 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc meeting agenda for a period of six (6) months unless this rule is suspended as provided for in these Rules of Procedure. 7.12 (12) The Previous Question: When the previous question is moved and seconded, it shall be put as follows: "Shall the main question be now put ? ". There shall then be no further amendment or debate; except that nothing herein shall allow the previous question to be called prior to a least one opportunity for each member of the Council to speak on the question before the Council. Any pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the main question remains before the Council. An affirmative vote of 2/3 of the Council shall be required to move the previous question. To demand the previous question is equivalent in effect to moving "That debate now cease, and the Council shall immediately proceed to vote on the pending motion ". In practice, this is done with the phrase "Call for the question ", or simply saying "Question ". 7.13 (13) Withdrawal of Motions: A motion may be withdrawn, or modified, by its movant without asking permission until the motion has been stated by the Presiding Officer. If the movant modifies his or her motion, the seconding council member may withdraw his or her second. After the question has been stated, the movant shall neither withdraw it nor modify it without the consent of the Council. The subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 7.14 (14) Appropriations of Money: Before formal approval by the Council of motions providing for appropriation of money, information must be presented to the Council showing purpose of the appropriation. In addition, before finally acting on such an appropriation, the Council shall obtain a report from the City Manager as to the availability of funds and his or her recommendations as to the desirability of the appropriation. 7.15 (15) Transfer of Appropriations: At the request of the City Manager, at any time during the fiscal year, the Council may by resolution transfer an unencumbered balance of an appropriation made for the use of one department, division, or purpose; but no transfer shall be made of revenues or earnings of any non -tax supported public utility to any other purpose. 8. (2- 29(h)) CREATION OF COMMITTEES, BOARDS AND COMMISSIONS 8.1 (1) Council Committees: The Council may, by resolution and as the need arises, authorize the appointment of Council committees. Any committee so created shall cease to exist when abolished by resolution of the Council. Council Committees shall comply with the Texas Open Meetings Act. 8.2 (2) Citizen Boards, Commissions, and Committees: The Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the City Charter or Code. Creation of such Committees, Boards and Commissions and memberships and selection of members shall be by Council resolution if not otherwise specified by the City Charter or Code. Any Committee, Board, or Commission so created shall cease to exist when abolished by a resolution PAGE 15 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc approved by the Council. No Committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter or Code. 8.3 (3) Appointments: a. Individual City Council members making nominations for members to citizen boards and commissions will consider interested persons on a citywide basis. b. The City Council will make an effort to be inclusive of all segments of the community in the board and commission appointment process. City Council members will consider ethnicity, gender, socio- economic levels, and other factors to ensure a diverse representation of Denton citizens. c. The City Council will take into consideration an individual's qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. d. In an effort to ensure maximum citizen participation, City Council members will continue the general practice of nominating new citizens to replace board members who have served three consecutive terms on the same board per the provisions of Denton Code of Ordinances, Sec. 2- 65. e. Each City Council member will be responsible for making nominations for board and commission places assigned to him or her, which shall correspond to the City Council member's place. Individual City Council members will make nominations to the full City Council for the governing body's approval or disapproval. 8.4 (4) Rules of Procedure: Board, Commission and Committee members shall comply with the provisions of Article H of Chapter 2 of the Code of Ordinances. Each Board, Commission and Committee member shall be provided a copy of these rules of procedure and a copy of the City of Denton Handbook for Boards, Commissions and Committees, which shall govern operational procedures of such Boards, Commissions and Committees. Boards and Commissions shall comply with these Rules as to the preparation of minutes of meetings, and such minutes shall be prepared in accordance with the policies and procedures of the City Secretary. 9. (2 -29 (i)) VOTES REQUIRED Questions on which the voting requirement is varied by the Charter, State Statutes and these rules are listed below: 9.1 (1) Charter and State Statutory Requirements: a. Charter Amendment - Five Votes: Ordinances submitting proposed Charter amendments must be adopted by a two - thirds vote of the Council. (TEx. CONST. art. XI, §3 and Chapter 9, TEX. Loc. Gov'T CODE (Vernon 2014.) For a seven member Council, this means five members must vote affirmatively. PAGE 16 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc b. Leaving Taxes - Five Votes: Ordinances providing for the assessment and collection of certain taxes require the approval of two - thirds of the members of the Council (TEx. Tax CODE §302.101 (Vernon 2014)). c. Changing Paving Assessment Plans - Five Votes: Changes in plans for paving assessment require a two - thirds vote of the Council (TEx. TRANSP. CODE §313.053(e) (Vernon 2014)). d. Changes in Zoning Ordinance or Zoning Classifications: In cases of a written protest of a change in a zoning regulation or zoning classification by the owners of twenty (20 %) percent or more either of the area of the lots included in such proposed change, or of the lots immediately adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not become effective except by the favorable vote of three - fourths (3/4) of all members of the City Council; further, three - fourths (3/4) of all the members of the City Council is required to override the decision of the Planning and Zoning Commission that a zoning change be denied (TEX. Loc. Gov'T CODE § 211.066 Tex. (Vernon 2014) and Section 35.3.4.C.(4) Denton City Code (Development Code)). ( "All" members of the City Council is construed to mean all who are qualified to vote on a matter, and any legal disqualification of a member could change the requisite number of votes required for passage. City ofAlaino Heights v. Gerety et al., 264 S.W. 2d 778 (Ct. App. — San Antonio (1954)). e. Amendment of Tax Abatement Policy: The guidelines and criteria adopted as the City's Tax Abatement Policy may be amended or repealed by a vote of three - fourths (3/4) of all members of the City Council (TEx. Tax CODE §312.002(c) (Vernon 2014)). 10. (2 -290)) SEVERABILITY CLAUSE 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 such invalidity. SECTION 2. That Ordinance No. 2011 -038 is repealed. SECTION 3. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12015. CHRIS WATTS, MAYOR PAGE 17 S:Tegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -3 for July 28, 2015.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY mm PAGE 18 r6 of �o ,,, jJ r f, M •1 M S O Cc 1 . t j 0-0 RIM �C o cn 1 +111 ■ mmm 1 0 1 Cc cn . t j 0-0 (n cn ■ mmm MMMMMM 73 C=cn ca 0 ME WHIM a) > MID +-j co co +-j .�� 0 .0 M, ff mum cn ...... .0 cn o„ ca CY) C: uj,6 +mj m 0 4— 0 of 0 OL 0 0 E ...... 0 > 2 a c: to cy Cl) :3 0 CY Cl) c 0 (1) 0 C C lam 0 +mj uJil U.J • Q MJL 0 0 2 u cl o cl) +.j co CL) a CU OL 0 70 "a CY) C: C= 0 0 OL E ...... 0 > 2 a c: to a 0 W" cn 0 0 o CL) 0 CU > "a a -00 C) umtrl Y;k WL cmy"ll, umm", arlt�,, WL ---------------- NE44 0 of MR (D 70 0000%% m Boom MrAm L. co %ftmoo ■ UIT 0111, M 14- -C $0-0- 40- ol 1 4 WE 0000***, C, C' CA c nl 1 0 4 4 0 • M, R4 6 0 , ■ 040 mom CO E• 0 =3 • cn cn cn CU 0 C: 40- (n ch cn CD 0 OL 0 • • E C: co cb sib co • 111 1 • • 1. • 1r 1 ul% u y, r pY �, fYrr, U' UJ�I_ 11s Uli (z�+n/,,/,; 0""' iU 1 ors; uv ua, c V, • # • # • • # • • # 1 -6 L J 0 %/ • .1 # D co •1 # # U- # c # co 0 r # C..) NO No No 4- 0 U- C..) c 0 Icn- 0 U- L�+ + Fs/ �� L V i CN U— I %, �^r �r c�,.,� 171%, J 1 IM 1 1 1; cu cu L.. CO = r 1 m III1' UJL C>Ilk, �i&, a uYll"t" l, L Ulu 1MI► 1' m cn cn cn ca 0 w O r UJIL aft" a)(111, III umm", Of wl(�" wl, miI„ a 4-J ■ wmmm 0 a E ■ cn 0 cn ■ E C: ca 0 ■ cn cn ■ U) E 0 ou ■ i . r i i � � � l � � ; i i i % � � \� UJ) � i � �� CY City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON File #: ID 15 -473, Version: 1 Legislation Text Agenda Information Sheet SUBJECT 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. City of Denton Page 1 of 1 Printed on 7/23/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -545, 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 the potential acquisition of real property interests, to wit: an 10.771 acre tract situated in the R. Longbottom Survey, Abstract No. 775 generally situated in the northwest quadrant at the intersection of U.S. Highway 288 and East University Drive (U.S. Hwy. 380), in the City of Denton, Denton County, Texas, for the construction, expansion and use of electric substations, switch stations or power transmission lines. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (Purple route, Prescott) City of Denton Page 1 of 1 Printed on 7/23/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -643, 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 7/23/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -584, 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 7/23/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'1'IN File #: DCA14- 00091, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: Jon Fortune Date: July 28, 2015 SUBJECT Hold a public hearing and consider adoption of an ordinance amending Subchapters 5, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14- 00091). The Planning and Zoning Commission will forward a report on their recommendation after their July 22, 2015 meeting. BACKGROUND At the time of this posting, the backup materials for this agenda item are still being prepared. They will be made available to the public by 5:00 p.m. Friday, July 24, 2015. OPTIONS RECOMMENDATION ESTIMATED SCHEDULE OF PROJECT PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION BID INFORMATION EXHIBITS City of Denton Page 1 of 2 Printed on 7/23/2015 File #: DCA14- 00091, Version: 1 Respectfully submitted: Aimee Bissett Interim Director of Planning and Development Prepared by: Darren Groth Gas Well Administrator City of Denton Page 2 of 2 Printed on 7/23/2015