HomeMy WebLinkAboutAugust 11, 2015 Agendatru�ltli
DENTON
City of Denton
Meeting Agenda
City Council
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Tuesday, August 11, 2015 3:00 PM Work Session Room
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene
in a 2nd Tuesday Session on Tuesday, August 11, 2015 at 3:00 p.m. in the Council Work Session Room
at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:
A 2nd Tuesday 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 2nd Tuesday 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 2nd Tuesday
Session 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.
1. Work Session Reports
A. ID 15 -669 Receive a report, hold a discussion, and provide direction regarding current City of
Denton facilities and how to proceed with planning for future needs.
Attachments: Exhibit 1 PowerPoint Presentation
B. ID 15 -641 Receive a report, hold a discussion, and give staff direction regarding the 2015 -16
Proposed Budget, Capital Improvement Program and Five -Year Financial Forecast.
Following the completion of the 2nd Tuesday 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 -651 Certain Public Power Utilities: Competitive Matters - -- Under Texas Government
Code, Section 551.086.
Receive competitive public power competitive information and financial
information from staff regarding the proposed FY 2015 -2016 operating budget for
Denton Municipal Electric ( "DME ") including without limitation, proposed rates
City ofDenton Page I Printed on 81612015
City Council Meeting Agenda August 11, 2015
for DME for FY 2015- 2016, expected revenues, expenses, commodity volumes, and
financial commitments of DME; discuss, deliberate and provide staff with direction.
B. ID 15 -740 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, exchange, lease or value of real property located
generally in the 200 block of W. Mulberry and 200 block of N. Elm in the City of
Denton, Denton County, Texas. Consultation with the City's attorneys regarding
legal issues associated with the potential real property matter 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.
Following the completion of the Closed Meeting, the City Council will convene in an Open Meeting at
which the following items will be considered:
1. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 15 -663 Consider approval of a resolution of the City Council of the City of Denton, Texas
placing a proposal on the September 15, 2015, City Council public meeting agenda
to adopt a 2015 Tax Rate that will exceed the lower of the rollback rate or the
effective tax rate; calling two public hearings on a tax increase to be held on August
18, 2015, and September 1, 2015 and calling a budget public hearing on the Fiscal
Year 2015 -2016 Annual Program of Services of the City of Denton to be held on
September 1, 2015; requiring publication of notices of the public hearings in
accordance with the law; requiring the posting of the notices of the public hearings
on the City's Internet website; requiring the posting of the notices on the City's
public access channel; and providing an effective date.
Attachments: Exhibit 1 - Resolution
B. ID 15 -688 Consider adoption of an ordinance authorizing the City Manager to execute an
Interlocal Agreement with Denton County, Texas under Section 791.001 of the
State of Texas Government Code, to authorize Denton County to install the
"Downtown Square Camera System" onto Denton Municipal Electric light poles
located near the Denton County Courthouse; authorizing the expenditure of funds
therefor; and declaring an effective date (File 5905).
Attachments: Exhibit 1- Camera Locations
Exhibit 2- Ordinance
Exhibit 3- Interlocal Agreement
2. CONCLUDING ITEMS
City ofDenton Page 2 Printed on 81612015
City Council Meeting Agenda August 11, 2015
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City
Council or the public with specific factual information or recitation of policy, or accept a proposal
to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the
Texas Open Meetings Act, provide reports about items of community interest regarding which no
action will be taken, to include: expressions of thanks, congratulations, or condolence; information
regarding holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or sponsored by the
governing body; information regarding a social, ceremonial, or community event organized or
sponsored by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of people in the
municipality that has arisen after the posting of the agenda.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the day of , 2015 at o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED
AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE
CITY SECRETARY'S OFFICE AT 349 -8309 OR USE TELECOMMUNICATIONS DEVICES FOR
THE DEAF (TDD) BY CALLING 1- 800 - RELAY -TX SO THAT A SIGN LANGUAGE
INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
City ofDenton Page 3 Printed on 81612015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 15 -669, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: City Manager's Office
CM /ACM: Bryan Langley
Date: August 11, 2015
SUBJECT
Receive a report, hold a discussion, and provide direction regarding current City of Denton facilities and how to
proceed with planning for future needs.
BACKGROUND
The City Council toured the City Hall West facility on June 30, 2015. As a result of this tour and discussion,
the City Council concluded that City Hall West was an inadequate facility for the current operations housed in
this building. Additionally, the Council directed staff to develop facility options for consideration. The
purpose of this item, therefore, is to provide an overview of key City facilities, issues at each location, and
provide a recommendation on how to proceed with future facility needs.
It is important to note that, regardless of the direction we choose, there will significant costs in the future to
renovate, lease, and /or acquire additional space to meet our future facility needs. The question is which of
these expenditures has the highest return on our investment and best meets our needs for the long term. After
carefully considering challenges and opportunities at each of our key facilities, staff is proposing that we begin
the process of designing and constructing a new City Hall. Specifically, staff is proposing the following short
and long term recommendations:
Short Term:
• Seek appropriate facility that can be leased to house the Planning and Development Department over
the next few years.
• Lease cost is expected to be approximately $350,000 per year, and this cost is currently not included in
the proposed FY 2015 -16 budget.
• Consider re- purposing the City Hall West and Old Central Fire Station facilities.
• Pursue the purchase and demolition of the Denton County building adjacent to the current City Hall.
Long Term:
• Develop plan for City Hall to be funded in next bond program.
• Utilize community task force to examine options and develop a recommendation to be considered by
City of Denton Page 1 of 2 Printed on 8/6/2015
File #: ID 15 -669, Version: 1
the voters in November 2020.
• Due to size of investment involved, staff is proposing to complete a City Hall facility needs assessment
in order to:
• Utilize an internal steering committee to determine appropriate departments to be included in
new facility.
• Validate current and future facility needs.
• Assess parking requirements for facility and downtown area.
• Develop initial site planning options.
• Use the results of the facility needs assessment to identify elements which should be included in the
preliminary design.
The attached PowerPoint presentation will be used to discuss these items and determine direction on how to
proceed.
EXHIBITS
Exhibit 1- PowerPoint Presentation
Respectfully Submitted:
Bryan Langley
Assistant City Manager
City of Denton Page 2 of 2 Printed on 8/6/2015
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
Legislation Text
File #: ID 15 -641, Version: 1
Agenda Information Sheet
DEPARTMENT: Finance
ACM: Bryan Langley
Date: August 11, 2015
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the 2015 -16 Proposed Budget, Capital
Improvement Program and Five -Year Financial Forecast.
BACKGROUND
The FY 2015 -16 City Manager's Proposed Budget was submitted to the Council on July 31, 2015. Staff
provided the City Council with a comprehensive overview of the proposed budget at a Budget Work Session on
August 6, 2015. The purpose of this agenda item is to provide the City Council with an additional opportunity
for questions and dialogue.
Below is the schedule we will follow to adopt the budget and tax rate:
August 18 1" Public Hearing on Tax Rate
September 1 2nd Public Hearing on Tax Rate
Public Hearing on Proposed Budget
September 15 City Council Adopts Budget and Tax Rate
I look forward to continued budget discussions. If you have any questions, or need additional information,
please let me know.
Respectfully Submitted:
Chuck Springer, 349 -8260
Director of Finance
City of Denton Page 1 of 1 Printed on 8/6/2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
File #: ID 15 -651, Version: 1
Legislation Text
Agenda Information Sheet
SUBJECT
Certain Public Power Utilities: Competitive Matters - -- Under Texas Government Code, Section 551.086.
Receive competitive public power competitive information and financial information from staff regarding the
proposed FY 2015 -2016 operating budget for Denton Municipal Electric ( "DME ") including without
limitation, proposed rates for DME for FY 2015 -2016, expected revenues, expenses, commodity volumes, and
financial commitments of DME; discuss, deliberate and provide staff with direction.
City of Denton Page 1 of 1 Printed on 8/6/2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
Legislation Text
File #: ID 15 -740, 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, exchange, lease or value of real property located generally in the 200 block of W. Mulberry and
200 block of N. Elm in the City of Denton, Denton County, Texas. Consultation with the City's attorneys
regarding legal issues associated with the potential real property matter 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.
City of Denton Page 1 of 1 Printed on 8/6/2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 15 -663, Version: 1
DEPARTMENT:
ACM:
Date:
Finance
Bryan Langley
August 11, 2015
Legislation Text
Agenda Information Sheet
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the
September 15, 2015, City Council public meeting agenda to adopt a 2015 Tax Rate that will exceed the lower
of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on August
18, 2015, and September 1, 2015 and calling a budget public hearing on the Fiscal Year 2015 -2016 Annual
Program of Services of the City of Denton to be held on September 1, 2015; requiring publication of notices of
the public hearings in accordance with the law; requiring the posting of the notices of the public hearings on the
City's Internet website; requiring the posting of the notices on the City's public access channel; and providing
an effective date.
BACKGROUND
The Texas Constitution and Texas Property Tax & Local Government Codes require taxing units to comply
with specific guidelines in adopting tax rates. The guidelines are related to a concept known as truth -in-
taxation. This concept is a way to make taxpayers aware of tax rate proposals and allow taxpayers in certain
circumstances, to rollback or limit a tax increase.
The truth -in- taxation guidelines require taxing entities to calculate and publish their effective and rollback tax
rates. The effective rate is the calculated rate that would provide the taxing unit approximately the same
amount of revenue it received in the previous year on properties taxed in both years. This rate excludes taxes
on properties no longer in the taxing unit and also excludes any growth due to new property values. The City
of Denton's 2015 effective rate is $0.656271/$100 valuation.
The rollback rate divides the total property tax revenue into support for maintenance and operations (M &O)
taxes and debt service taxes. It provides approximately an eight percent increase in revenue from the previous
year for maintenance and operations expenses, plus the necessary debt service tax rate. If a taxing unit adopts a
tax rate higher than the rollback rate, the voters have the option to petition for an election to limit the size of the
tax increase. The City of Denton's 2015 rollback rate is $0.721554/$100 valuation.
The City Manager's FY 2015 -16 Proposed Budget recommended a tax rate of $0.696380 per $100 of valuation,
and this rate is above the effective rate. If the City Council considers adopting a tax rate that exceeds the lower
of the effective or rollback rate, state law requires the governing body to vote to place a proposal to adopt the
rate on an agenda. In addition, state law requires that two public hearings be held on the proposed tax rate with
City of Denton Page 1 of 2 Printed on 8/6/2015
File #: ID 15 -663, Version: 1
the meeting to adopt the tax rate occurring three to 14 days after the second public hearing. Publication of a
quarter -page notice ( "Notice of Proposed Property Tax Rate ") informing the public of the hearings prior to the
adoption of the tax rate is also required.
In addition to the state requirements for the truth in taxation legislation, the City Charter and Chapter 102 of the
Texas Local Government Code require the City Council to set a public hearing on the FY 2015 -16 Annual
Program of Services. In compliance with the City Charter and Chapter 102, we are also required to publish a
notice of the public hearing in the Denton Record Chronicle not earlier than the 30th day or later than the 10'
day before the date of the public hearing. The attached "Notice of Public Hearing on Budget" would need to be
published in the Denton Record Chronicle. It would also need to be posted on the City of Denton's website,
fall : / /w�vw.cit ofc�enton.com and air on the public access channel.
RECOMMENDATION
Staff recommends approval of the resolution.
ESTIMATED SCHEDULE OF PROJECT
August 18, 2015
Hold First Public Hearing on Tax Rate
September 1, 2015
Hold Second Public Hearing on Tax Rate
September 1, 2015
Hold Public Hearing on the Budget
September 15, 2015
Adopt Tax Rate
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On July 31, 2015, the City Council was provided information regarding the FY 2015 -16 Proposed Budget,
including the proposed tax rate.
On August 6, 2015, the City Council held a budget workshop on the FY 2015 -16 Proposed Budget, including
the proposed tax rate.
FISCAL INFORMATION
The proposed tax rate is included in the FY 2015 -16 Proposed Budget.
EXHIBITS
1. Resolution and Required Notices
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
Prepared by:
Antonio Puente, Jr.
Assistant Director of Finance
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sAlegakour docutiietits\ordiiiaiices\15\resolutioli budget tax rate public hearing.doc
Exhibit I
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING
A PROPOSAL ON THE SEPTEMBER 15, 2015 CITY COUNCIL PUBLIC MEETING
AGENDA TO ADOPT A 2015 TAX RATE THAT WILL EXCEED THE LOWER OF THE
ROLLBACK RATE OR THE EFFECTIVE TAX RATE; CALLING TWO PUBLIC
HEARINGS ON A TAX INCREASE TO BE HELD ON AUGUST 18, 2015 AND
SEPTEMBER 1, 2015 AND CALLING A BUDGET PUBLIC HEARING ON THE FISCAL
YEAR 2015-2016 ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON TO BE
HELD ON SEPTEMBER 1, 2015; REQUIRING PUBLICATION OF NOTICES OF THE
PUBLIC HEARINGS IN ACCORDANCE WITH THE LAW; REQUIRING THE POSTING
OF THE NOTICES OF THE PUBLIC HEARINGS ON THE CITY'S INTERNET WEBSITE;
REQUIRING THE POSTING OF THE NOTICES ON THE CITY'S PUBLIC ACCESS
CHANNEL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to adopt the Fiscal Year 2015-16 Annual Program
of Services (Budget) for the City of Denton, Texas; and
WHEREAS, in order to adopt the Budget, the City Council must first hold a public
hearing on the Budget and provide notice of same in accordance with Article VIII "Budget" of
the City Charter and other applicable law; and
WHEREAS, the City Council desires to consider adopting a tax rate of $0.6963.8 per
$100 valuation, which will exceed the lower of the rollback rate or effective tax rate, in
accordance with the requirements of the Texas Local Government Code Chapter 140 and Tax
Code Chapter 26, as applicable, and to schedule two public hearings on the proposed tax
increase; NOW, THEREFORE,
T14E COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings set forth in the preamble of this Resolution are incorporated
by reference into the body of this Resolution as if fully set forth herein.
SECTION 2. The City Council desires to consider adopting a tax rate for the 2015 tax
year of $0.69638 per $100 valuation that will exceed the lower of the rollback rate or the
effective tax rate.
SECTION 3. The City Council hereby approves the placement of an item on the
September 15, 2015 City Council public meeting agenda to vote on a proposed tax rate of
$0.6963.8 per $100 valuation that will exceed the lower of the rollback rate or the effective tax
rate. The meeting to vote on a proposed tax rate will not be held until notice of the meeting to
vote on a proposed tax rate has been published in the Denton Record Chronicle, a newspaper
having general circulation within the City, in the form of the attached Notice of Proposed
Property Tax Rate, which is made a part of this Resolution for all purposes. The City Manager
or his designee is directed to post the attached Notice of Proposed Property Tax Rate on the
s:\Iegal\our docurnents\ordinances\l 5\resolution budget tax rate public hearing.doc
City's Internet website and shall request that the City's public access television channel carry a
60-second notice of the meeting to vote on a proposed tax rate at the times and for the periods
and in accordance with the requirements of applicable law.
SECTION 4. The City Council hereby calls two public hearings on the proposed tax rate
to be held in the City Council Chambers at City Hall located at 215 East McKinney Street in
Denton, Texas 76201 on August 18, 2015 and September 1, 2015 at 6:30 p.m. The public
hearings will not be held until after notice of the public hearings has been published in the
Denton Record-Chronicle, a newspaper having general circulation within the City, in the form of
the attached Notice of Proposed Property 'Fax Rate, which is made a part of this Resolution for
all purposes. The City Manager, or his designee, is hereby directed to publish said notice in
accordance with this Resolution and in accordance with applicable law. The City Manager or his
designee is directed to post the attached Notice of Proposed Property Tax Rate on the City's
Internet website and shall request that the City's public access television channel carry a 60-
second notice of the public hearing at the times and for the periods and in accordance with the
requirements of applicable law. At the public hearings, the City Council will afford adequate
opportunity for both proponents and opponents of the proposed tax rate to present their views.
SECTION 5. The City Council hereby calls a public hearing on the proposed Budget to
be held in the City Council Chambers at City Hall located at 215 East McKinney Street in
Denton, Texas 76201 on September 1, 2015 at 6:30 p.m. The public hearing will not be held
until notice of the public hearing has been published in the Denton Record-Chronicle, a
newspaper having general circulation within the City, in the form of the attached Notice of
Public Hearing on the Budget, which is made a part of this Resolution for all purposes. This
notice shall be published not earlier than the 30th or later than the I O'h day before the date of the
public hearing. The City Manager, or his designee, is hereby directed to publish said notice in
accordance with this Resolution and in accordance with Article VIII of the City Charter, Chapter
102 of the Texas Local Government Code and all other applicable law. The City or his designee
is directed to post the attached Notice of Public Hearing on the Budget on the City's Internet
website and shall request that the City's public access television channel carry a 60-second
notice of the public hearing at the times and for the periods and in accordance with the
requirements of applicable law.
SECTION 6. This Resolution shall become effective immediately upon its passage and
approval at a regular meeting of the City Council of the City of Denton, Texas on this the
day of August, 2015, at which meeting a quorum was present and the meeting was held in
accordance with the provisions of Tex. Gov't Code §551.001, et seq. The City Secretary is
hereby directed to record this Resolution and the vote on the proposal to place the item for
adoption of a 2015 tax rate on the September 15, 2015 City Council agenda.
PASSED AND APPROVED this the - day of , 2015.
CHRIS WATTS, MAYOR
Page 2
s:\Iegal\our documents\ordinances\l 5\resolution budget tax rate public hearing.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY
"Ooo
Council Member Voted For Voted Against
Chris Watts, Mayor
Kevin Roden
Dalton Gregory, Mayor Pro Tem
Keely Briggs
.Joey Hawkins
Kathleen Wazny
Greg Johnson
Page 3
Publish in August 14, 2015 Denton Record Chronicle
NOTICE OF 2015 TAX YEAR
PROPOSED PROPERTY TAX RATE FOR
CITY OF DENTON
A tax rate of $696380 per $100 valuation has been proposed for adoption by the governing body of the City of
Denton. This tax rate exceeds the lower of the effective or rollback tax rate, and state law requires that two public
hearings be held by the governing body before adopting the proposed tax rate. The governing body of the City of
Denton proposes to use revenue attributable to the tax rate increase for the purpose of paving maintenance and
operations expenses, and debt service.
PROPOSED TAX RATE
PRECEDING YEAR'S TAX RATE
EFFECTIVE TAX RATE
ROLLBACK TAX RATE
$0.696380 per $100
$0.689750 per $100
$0.656271 per $100
$0.721554 per $100
The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for the City of
Denton from the same properties in both the 2014 tax year and the 2015 tax year.
The rollback tax rate is the highest tax rate the City of Denton may adopt before voters are entitled to petition for an
election to limit the rate that may be approved to the rollback rate.
YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS FOLLOWS:
property tax amount = ( rate) x ( taxable value of your property )/100
For assistance or detailed information about tax calculations, please contact:
Michelle French
Denton County Tax Assessor - Collector
1505 E. McKinney Street, Denton, TX, 76209
940 - 349 -3500
Property.Tax& dentoncount.
http://tax.dentoncounty.com
You are urged to attend and express your views at the following public hearings on the proposed tax rate:
First Hearing: August 18, 2015 at City Hall, 215 E. McKinney Street, Denton, TX, 76201
Second Hearing: September 1, 2015 at City Hall, 215 E. McKinney Street, Denton, TX, 76201
Publish in August 14, 2015 Denton Record Chronicle
NOTICE OF PUBLIC HEARING ON BUDGET
The City Council for the City of Denton, Texas, will hold a public hearing on the Fiscal
Year 2015 -16 Annual Program of Services (Budget), on Tuesday, September 1, 2015 at
6:30 p.m. in the City Council Chambers at City Hall, located at 215 East McKinney
Street in Denton, Texas, 76201. The meeting will be held for the purpose of receiving
community input on the Budget.
THIS BUDGET WILL RAISE MORE PROPERTY
TAXES THAN LAST YEAR'S BUDGET BY
$591549629 OR 9.58% AND OF THAT AMOUNT
$194399709 IS TAX REVENUE TO BE RAISED FROM
NEW PROPERTY ADDED TO THE TAX ROLL
THIS YEAR.
All interested citizens are encouraged to attend and express their views.
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 15 -688, Version: 1
Legislation Text
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
ACM: Bryan Langley
AGENDA DATE: August 11, 2015
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Agreement with
Denton County, Texas under Section 791.001 of the State of Texas Government Code, to authorize Denton
County to install the "Downtown Square Camera System" onto Denton Municipal Electric light poles located
near the Denton County Courthouse; authorizing the expenditure of funds therefor; and declaring an effective
date (File 5905).
FILE INFORMATION
This agreement will allow Denton County, Texas to purchase and install four (4) cameras onto Denton
Municipal Electric light poles located near the Denton County Courthouse (Exhibit 1- Location Map). These
cameras will be used by the Denton Police Department and the Denton County Sheriff's Department, to
monitor activity around the downtown square as it relates to the health, safety, and welfare of people near the
Denton County Courthouse.
The City of Denton 911 Dispatch Center will monitor the four (4) cameras 24/7 days a week. Denton County
will be responsible for repairing and /or replacing cameras as needed. The City of Denton will provide network
and electrical connectivity for the cameras and also maintain these connections for the duration of this
agreement.
The Statement of Work for this project is included in the Interlocal Agreement (Exhibit 3). Section 791.001 of
the Texas Government Code requires that all interlocal contracts must be authorized by the governing body,
regardless of the dollar amount.
RECOMMENDATION
Approve an Interlocal Agreement with Denton County, Texas for the installation, and ongoing use, of a
"Downtown Square Camera System" on the light poles located near the Denton County Courthouse.
PRINCIPAL PLACE OF BUSINESS
Denton County
Denton, TX
City of Denton Page 1 of 2 Printed on 8/6/2015
File #: ID 15 -688, Version: 1
ESTIMATED SCHEDULE OF PROJECT
This Agreement is effective upon approval by the City of Denton and will remain in effect until terminated by
either party.
FISCAL INFORMATION
This is a "no cost" contract between the City of Denton and Denton County, Texas.
EXHIBITS
Exhibit l: Camera Location near Denton County Courthouse
Exhibit 2: Ordinance
Exhibit 3: Interlocal Agreement with Denton County, Texas
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
For information concerning this acquisition, contact: Melissa Kraft at 349 -7823.
City of Denton Page 2 of 2 Printed on 8/6/2015
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EXHIBIT 2
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH DENTON COUNTY UNDER SECTION 791.001 OF
THE STATE OF TEXAS GOVERNMENT CODE, TO AUTHORIZE DENTON COUNTY TO
INSTALL THE "DOWNTOWN SQUARE CAMERA SYSTEM" ONTO DENTON
MUNICIPAL ELECTRIC LIGHT POLES LOCATED NEAR THE DENTON COUNTY
COURTHOUSE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
DECLARING AN EFFECTIVE DATE (FILE 5905).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute the
Interlocal Agreement with Denton County, Texas under Section 791.001 of the Texas
Government Code, a copy of which is attached hereto and incorporated by reference herein (the
"Agreement ").
SECTION 2. The City Manager or his designee is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5905 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 12015.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
•
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
_ M
•
SAMaterials Management\PRCH\Agenda\Agenda 2014- 15\August 11, 2015\Denton County Interlocal Agreement.doc
EXHIBIT 3
INTERLOCAL AGREEMENT
This Interlocal Agreement (the "Agreement ") is made and entered into this day of August,
2015, between The City of Denton, Texas, a Texas home rule municipality (hereinafter "City ")
and Denton County, Texas a duly organized political subdivision of the State of Texas, engaged
in the administration of County government and related services for the citizens of Denton
County, Texas (hereinafter "the County "). City and County are hereafter collectively referred to
herein as "Parties" or individually as a "Party."
WHEREAS, both City and County have the authority to enter into this Agreement
pursuant to Chapter 791, Texas Government Code, as amended; and
WHEREAS, the project ( "Downtown Square Camera System" or "the Project ")
contemplated under this Agreement is of mutual interest and benefit to the County and to the
City, and will further the technical objectives of the Parties in a manner consistent with their
governmental status as stewards of the community within Denton County and the State of Texas;
and
WHEREAS, it is mutually beneficial to the Parties to execute this Agreement whereby
the Parties can achieve common objectives relating to the health, safety, and welfare of the
citizens of the City of Denton, Denton County and the State of Texas; and
NOW THEREFORE, in consideration of the mutual representations, terms and covenants
hereafter set forth, the Parties agree as follows:
1. GRANT OF LICENSE. City hereby grants to the County a non - exclusive license to install,
operate, maintain, repair, and replace equipment related to the operation of the "Downtown
Square Camera System," ( "the Project ") by placement of the Camera Equipment on light
poles, owned by Denton Municipal Electric, located on the lawn of the Old Denton County
Courthouse that will allow the Denton Police Department, as well as the County Sherif s
Department, to monitor activity around the downtown square, pursuant to the terms of this
Agreement as follows:
A. County shall be authorized to install up to four (4) cameras on individual light poles
on the Northwest corner, Southwest corner, Northeast corner, and Southeast corner,
respectively, of the Old Denton County Courthouse lawn, with the exact location to
be approved by City.
B. The County will purchase four outdoor rated cameras, along with power injectors,
NEMA enclosures, and the proper mounting equipment.
C. The camera equipment will be installed by Denton Municipal Electric and the cost of
the installation will be the responsibility of the City.
D. Each camera will be connected to power via a power injector that will be installed in a
NEMA rated enclosure and in turn be connected to the light pole for power.
Page 1 of 7 Contract 5905
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EXHIBIT 3
E. The City will be responsible for the recurring cost of powering the four (4) downtown
square cameras for the duration of this Agreement.
F. Each camera will be connected to the City's network communications system through
a Wi -Fi access point, also installed on the same pole.
G. The City will be allowed to connect the Cameras to their camera system to provide
access to the Denton Police Department for 24x7 monitoring.
H. The City will provide the County access to the City's camera network for the purpose
of monitor and retrieving video captured with the four (4) downtown square cameras.
This access will be done utilizing the existing network connections in place between
the City and County's respective network for other services. This will give County
direct access to the four (4) cameras around the downtown square.
L The City will provide first line trouble shooting on camera issues and will notify
County of issues found and the result of trouble shooting efforts.
J. The County will be responsible for handling camera replacements, both within
warranty and out of warranty, at their cost.
K. Following reasonable prior notice to the City, which shall in no case be less than one
business day, City agrees to allow County access to the light poles to repair, maintain,
replace, and /or remove the camera equipment.
L. The County will at all times be the owner of the Camera Equipment. The electrical
connections and electrical circuits installed pursuant to this Agreement shall be
owned by City.
M. The City shall require any contractor engaged by the County for the purpose of
installing, repairing, maintaining, removing, or replacing the Camera Equipment to
have the following insurance in effect while performing such work on City's property:
(1) Commercial General Liability Insurance. This coverage shall include
premises /operations, products /completed operations, blanket contractual
liability, broad form property damage, independent contractors and
personal injury and where the exposure exists, explosion, collapse and
underground property damage. This coverage should be a minimum
Combined Single Limit of $1,000,000 per occurrence for Bodily Injury
and Property Damage.
(2) Automobile Liability Insurance.
(a) Minimum Combined Single Limit of $500,000 per occurrence for
Bodily Injury and Property Damage; and
(b) The Business Auto Policy must show Symbol 1 in the Covered
Autos Portion of the liability section in Item 2 of the declarations
Page 2 of 7 Contract 5905
SAMaterials Management\PRCH\Agenda\Agenda 2014- 15\August 11, 2015\Denton County Interlocal Agreement.doc
EXHIBIT 3
page which includes coverage for hired, leased and non -owned
vehicles.
(3) Workers' Compensation Insurance. In addition to the minimum
statutory requirements:
(a) Employer's Liability limits of at least $100,000 for each accident,
$100,000 for each employee, and a $500,000 policy limit for
occupational disease;
(b) The insurer agrees to waive rights of subrogation against City, its
officials, agents, employees, and volunteers for any work
performed on the light poles identified for this project; and
(c) County shall comply with the provisions of Section 406.096 of the
Texas Labor Code and 28 TAC §110.110 of the Texas Worker's
Compensation Commission to the extent such statute and
regulation apply to City.
(4) General Provisions.
(a) All policies shall be endorsed to read substantially as follows:
"THIS POLICY WILL NOT BE CANCELLED OR NON -
RENEWED WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE TO COUNTY EXCEPT WHEN THIS POLICY IS
BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS
REQUIRED ".
(b) Commercial General Liability and Automobile Liability insurance
shall be written by companies with "A -" or better rating in
accordance with the current AM Best Key Rating Guide.
(c) Commercial General Liability, Automobile Liability, and Excess
Liability insurance policies shall name as "Additional Insured" the
City and its officials, agents, employees, and volunteers.
(d) Certificates of insurance must reflect all coverages and
endorsements required by this section.
(e) Coverage shall be placed with insurance carriers licensed to do
business in the State of Texas or with non - admitted carriers that
have a financial rating comparable to carriers licensed to do
business in Texas approved by City.
2. PRINCIPAL CONTACT. The Project will be supervised and managed by Curtis Conrad,
Enterprise Operations Manager at the Technology Service Department for the City or such
other employee of the City as may from time to time be determined by City's City Manager
or designee.
Page 3 of 7 Contract 5905
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EXHIBIT 3
3. PERIOD OF PERFORMANCE. This Agreement will be effective immediately upon
execution by authorized representative of both Parties. This Agreement shall be renewed
automatically on the anniversary date, on a year -to -year basis, unless terminated by either
Party as provided herein. If a Party elects to not renew this Agreement, the Party shall comply
with Section 6 - Termination.
4. TOTAL AMOUNT OF THE CONTRACT. The City and COUNTY understand,
acknowledge, and agree that placement of the Camera Equipment around the Old Denton
County Courthouse provides for the health, safety, and welfare of the citizens of the City of
Denton and to visitors to the City's downtown facilities. Because of the mutual benefit to the
Parties, the County agrees to purchase, maintain, repair, and replacement, without a charge to
City, and City agrees to provide the installation, power, and network connectivity at no cost
to, or expected payment from, the County.
5. PAYMENT SCHEDULE. None. Deleted.
6. TERMINATION. This Agreement may be terminated by either Party, upon delivery of
written notice to the other Party not less than ninety (90) days prior to the date of termination.
7. BREACH / OPPORTUNITY TO CURE. In the event either Party is in default of any
provision of this Agreement, the Party not in default shall provide to the Party in default at
least thirty (30) days written notice to cure said default before exercising any of its rights as
provided for in this Agreement.
8. LIABILITY. The Parties and their respective officers and employees shall not be deemed to
assume any liability for the acts, omissions and /or negligence of the other Party. In the event
the light poles are damaged as the result of the acts or omissions of County, its employees,
agents, or contractors, whether intentional or negligent, occurring as the result of the
installation, maintenance, repair, removal, or replacement of the Camera Equipment the
County shall promptly repair such damage to the reasonable satisfaction of City at the
County's sole cost.
9. DISCLAIMER OF LIABILITY. THE PARTIES MAKE NO REPRESENTATIONS AND
EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED IN
CONNECTION WITH THE TECHNICAL REPORTS, INVENTION DISCLOSURES OR
RESEARCH DATA FURNISHED UNDER THIS AGREEMENT. THERE ARE NO
EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THAT USE OF SUCH MATERIALS OR MODIFICATION
OF SUCH MATERIALS WILL NOT INFRINGE ON ANY PATENT, COPYRIGHT,
TRADEMARK, OR OTHER PROPRIETARY RIGHT.
10. FORCE MAJUERE. Except for the obligation for the payment of money, if either Party
fails to fulfill its obligations hereunder when such failure is due to an act of God, or other
circumstance beyond its reasonable control, then said failure shall be excused for the duration
of such event and for such a time thereafter as is reasonable to enable the parties to resume
performance under this Agreement.
Page 4 of 7 Contract 5905
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EXHIBIT 3
11. DISPUTE RESOLUTION. The City and County must use the dispute resolution process
provided in Chapter 2260 of the Texas Government Code to attempt to resolve a dispute
arising under this contract and such process is a required prerequisite to suit in accordance
with Chapter 107, Texas Civil Practice and Remedies Code. The effected Party must submit
written notice of a claim of breach of contract under this chapter to the other Party. Nothing
in this Agreement waives or relinquishes the right of either Party to claim any exemptions,
privileges and immunities as may be provided by law.
12. REMEDIES. This Agreement shall be construed by and governed by the laws of the State of
Texas. Venue for any legal action necessary to enforce the Agreement will be in a state court
in Denton County, Texas. No remedy herein conferred upon any Party is intended to be
exclusive of any other remedy, and each and every such remedy shall be cumulative and shall
be in addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any Party of any right,
power or remedy hereunder shall preclude any other or further exercise thereof.
13. ENTIRE REPRESENTATION. This Agreement contains the entire agreement between
the Parties and supersedes any prior oral or written agreements, commitments,
understandings, or communications with respect to the subject matter of the Agreement. No
amendments or modification of this Agreement shall be effective unless set forth in writing
executed by duly authorized representatives of each party. This Agreement shall be
construed in accordance with the laws of the State of Texas.
14. WAIVER. No waiver of any provision hereof or of any right or remedy hereunder shall be
effective unless in writing and signed by the party against whom such waiver is sought to be
enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise
of any right or remedy hereunder shall constitute a waiver of any right or remedy, or future
exercise thereof.
15. ASSIGNMENT. This Agreement may not be assigned in whole or in part by any of the
Parties without prior written consent of the other Party.
16. SEVERABILITY. In the event that any section, paragraph, sentence, clause or provision
hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
17. AMENDMENTS. This Agreement may be amended from time to time by written
amendment by both parties.
18. NOTICE. Any notice required to be given in connection with this Agreement shall be in
writing and shall be deemed effective if hand delivered, or if sent by United States certified
mail, return receipt requested, postage prepaid, or if sent by private receipted courier
guaranteeing same -day or next -day delivery, addressed to the respective parry at its address
provided below. If sent by U.S. certified mail in accordance with this Section, such notices
shall be deemed given and received on the earlier of (a) actual receipt at the address of the
named addressee, or (b) on the third (3rd) business day after deposit with the United States
Postal Service. Notice given by any other means shall be deemed given and received only upon
actual receipt at the address of the named addressee.
Page 5 of 7 Contract 5905
SAMaterials Management\PRCH\Agenda\Agenda 2014- 15\August 11, 2015\Denton County Interlocal Agreement.doc
EXHIBIT 3
Denton County
701 Kimberly Drive, Suite 285
Denton, TX 76208
Telephone: 940 - 349 -4500
Attn: Chief Information Officer
Email: kevin.carr @dentoncounty.com
City of Denton Purchasing Department
901B Texas Street
Denton, Texas 76201
Attn: Purchasing Manager
Telephone: (940) 349 -7133
Email: purchasing @cityofdenton.com
19. NO THIRD PARTY BENEFICIARIES. For purposes of this Agreement, including its
intended operation and effect, the Parties specifically agree that: (1) the Agreement only
affects matters /disputes between the Parties and is in no way intended by the Parties to
benefit or otherwise affect any third person or entity notwithstanding the fact that such third
person or entity may be in contractual relationship with County or the City, or both; and (2)
the terms of this Agreement are not intended to release, either by contract or by operation of
law, any third person or entity from obligations owed by them to either County or the City.
20. ENTIRETY OF AGREEMENT. This Agreement represents the entire understanding
between COUNTY and the City and supersedes all other negotiations, representations or
agreement, written or oral, relating to this Agreement.
(Signatures on Following Page)
Page 6 of 7 Contract 5905
SAMaterials Management\PRCH\Agenda\Agenda 2014- 15\August 11, 2015\Denton County Interlocal Agreement.doc
EXHIBIT 3
The Parties have caused this Agreement to be executed by their duly authorized
representative.
PASSED AND APPROVED this the
ATTEST:
By:
JENNIFER WALTERS,
CITY SECRETARY
ATTEST:
By:
Secretary
day of 12015.
THE CITY OF DENTON, TEXAS
By:
GEORGE C. CAMPBELL,
CITY MANAGER
APPROVED AS TO LEGAL FORM:
By:
ANITA BURGESS,
CITY ATTORNEY
DENTON COUNTY, TEXAS
By:
COUNTY JUDGE
APPROVED AS TO LEGAL FORM:
By:
DISTRICT ATTORNEY
Page 7 of 7 Contract 5905