Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
September 1, 2015 Agenda p.m.
tru�Rltli �'� � k, Tuesday, September 1, 2015 City of Denton Meeting Agenda City Council City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com 1:00 PM Work Session Room & Council Chambers After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, September 1, 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. Citizen Comments on Consent Auenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he /she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for September 1, 2015. 3. Work Session Renorts A. ID 15 -745 Receive a report, hold a discussion and give staff direction relating to the Denton County Transportation Authority Passenger Amenities Program. B. ID 15 -763 Receive a report, hold a discussion, and give staff direction regarding possible financial incentives related to the Cole Ranch development. Attachments: Exhibit 1 PID Guidelines Exhibit 2 Presentation from Stratford Land Exhibit 3 PowerPoint Presentation C. ID 15 -780 Receive a report, hold a discussion and provide staff direction on the use of the City facility located at 300 Woodrow Lane as a homeless shelter. D. ID 15 -702 Receive a report, hold a discussion, and give staff direction regarding participation in What Works Cities, a Bloomberg Philanthropies initiative. Attachments: Exhibit 1: What Works Cities Presentation E. ID 15 -817 Receive a report, hold a discussion and give staff direction regarding a potential Economic Development Grant Agreement and a Commercial Lease Agreement with Rail Yard Partners, LTD. for a co- working space that may be administered by the Dallas Entrepreneur Center to support entrepreneurship and innovation in Tax Increment Reinvestment Zone (TIRZ) Number One. Attachments: Exhibit 1 - Rendering and Space Layout Exhibit 2 - Downtown TIF Proiect Plan Exhibit 3 -Downtown TIF Board Meeting Minutes 01 -16 -15 Exhibit 4 - EDP Board Meeting Minutes 10 -14 -15 City ofDenton Page I Printed on 81,3112015 City Council Meeting Agenda September 1, 2015 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 -615 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. Receive a briefing and information pertaining to certain competitive public power and financial issues regarding Texas Municipal Power Agency ( "TMPA ") on matters including without limitation: present and future plant operations issues, plant and system expenses, maintenance issues, performance issues, financial issues, reliability issues, planning issues, and any related issues concerning the City's interest in, and its business relationship with the Texas Municipal Power Agency; and discuss, deliberate, and provide Staff with direction regarding such matters. B. ID 15 -720 Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations regarding Real Property - Under Texas Government Code, Section 551.072. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential sale of real property interests owned by the City of Denton located in the G. Walker Survey, Abstract 1330, and Lot 1, Block 1, Lake Dallas Storage Addition, both in Denton County, Texas, and located generally south of F. M. Highway 426 (East McKinney Street) between Mayhill Road on the west and South Trinity Rd. on the east. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests described above as well as issues related to Atmos Pipeline - Texas Lake Dallas Natural Gas Storage Facility and its designation by Transportation Security Administration TSA as critical energy infrastructure impacted by Ordinance No. 2015 -233 where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. ( Atmos Lake Dallas Storage Facility). C. ID 15 -785 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests in the E. Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas, and being generally located in the 900 block of W. Collins Street (Block 4, Hillside Addition, City and County of Denton, Texas). Consultation with the City's attorneys regarding City ofDenton Page 2 Printed on 81,3112015 City Council Meeting Agenda September 1, 2015 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. [Eagle Substation] D. ID 15 -818 Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087; and Deliberations regarding Real Property - Under Texas Government Code Section 551.072. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to Orison Holdings and Rail Yard Partners, LTD. and economic development incentives and the acquisition of real property interests in the H. Sisco Survey, Abstract No. 1184, Denton, Denton County, Texas, generally located in the 600 block of E. Hickory. This discussion shall include commercial and financial information the City Council has received from Orison Holdings which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. [ID 15 -819] E. ID 15 -826 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, 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; 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. City ofDenton Page 3 Printed on 81,3112015 City Council Meeting Agenda September 1, 2015 ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071- 551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS /PRESENTATIONS A. ID 15 -149 Blood Cancer Awareness Month B. ID 15 -719 Presentation by Phil Williams, DME General Manager, recognizing the outstanding accomplishments of Denton Municipal Electric's Lineman Rodeo Team at the 19th Annual Texas Lineman's Rodeo. C. ID 15 -741 LIVE UNITED Month D. ID 15 -779 Denton Dolphins 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. 1. ID 15 -796 Sam O'Donnell regarding a petition for a skate park. 2. ID 15 -795 Roy Metzler representing the Monsignor King Outreach Center regarding an update and request for funds. 3. ID 15 -815 Claudette Fette regarding the Coordinator position for the homeless and associated homeless needs. C. Additional Citizen Reports - This section of the agenda permits any person not registered for a citizen report to make comments regarding public business on items not listed on the agenda. This is limited to four speakers per meeting with each speaker allowed a maximum of four (4) minutes. 4. CONSENT AGENDA City ofDenton Page 4 Printed on 81,3112015 City Council Meeting Agenda September 1, 2015 Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — P). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A — P below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 15 -618 Consider a request for an exception to the Noise Ordinance for the purpose of the fifth annual Susan G. Komen North Texas Denton Race for the Cure at C.H. Collins Athletic Complex and Long Road, on Saturday, September 26, 2015, from 6:00 a.m. to 11:00 a.m. Amplified sound is needed for public announcements regarding race times and to play music during the event. The exception is specifically requested to increase sound levels from 70 to 75 decibels. Staff recommends approval. Attachments: Exhibit 1 Letter of Request B. ID 15 -708 Consider a request for an exception to the Noise Ordinance for the purpose of the fundraiser, 2015 SunRay's Rodeo, Music and Arts Festival hosted by the Raylyn's Heart Foundation, to be held at the North Texas Fairgrounds October 3, 2015, from 3:00 p.m. to 12 midnight. The exception is specifically requested to increase sound levels from 70 to 75 decibels and for an extension of hours from 10 p.m. to midnight. Staff recommends approval. Attachments: Exhibit 1 Letter of Request C. ID 15 -709 Consider approval of a resolution allowing the Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 19 -20, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommend approval with a vote of 5 -0. Attachments: Exhibit 1 2015 Blues Letter of Request Exhibit 2 Parks, Recreation and Beautification Excerpts of Minutes Exhibit 3 Ordinance D. ID 15 -743 Consider approval of a resolution adopting a revised City of Denton Handbook for Boards, Commissions, and Council Committees; and declaring an effective date. Attachments: Exhibit 1: Resolution Exhibit 2: Revised Handbook for Boards. Commissions. & Council 2015 Exhibit 3: Informal Staff Report 2015 -073 E. ID 15 -749 Consider approval of tax refunds for waiver of penalty and interest for Property Tax Accounts 651794DEN, 655073DEN, 650104DEN, 650792DEN, 655027DEN, 654998DEN, 651744DEN and 637181DEN. City ofDenton Page 5 Printed on 81,3112015 City Council Meeting Agenda September 1, 2015 Attachments: Exhibit 1 Waiver Request F. ID 15 -765 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of a Skytrak Model 10042 Telchandler for the City of Denton Electric Substations division; and providing an effective date (File 5917- awarded to Kirby -Smith Machinery, Inc. in the amount of $125,600). The Public Utilities Board recommends approval (7 -0). Attachments: Exhibit 1- Pricing Comparison and Quotes Exhibit 2 -PUB Minutes Exhibit 3- Ordinance G. ID 15 -767 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the reconstruction of Lillian Miller Parkway from the IH 35E frontage road to north of Teasley Lane; providing for the expenditure of funds therefor; and providing an effective date (Bid 5869- awarded to the lowest responsible bidder meeting specification, Jagoe- Public Company in the amount of $1,577,075.25). Attachments: Exhibit 1 -Bid Tabulation Sheet Exhibit 2- Ordinance H. ID 15 -768 Consider adoption of an ordinance approving the expenditure of funds for the purchase of a Phosphax Phosphorous Control System for Real Time Metering of Phosphorous at the Pecan Creek Water Reclamation Plant including one (1) year maintenance and a three (3) year agreement for the purchase of parts, which are available from only one source and in accordance with Texas Local Government Code 252.022, such purchases are exempt from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 5891- awarded to Hach Company in the three (3) year not -to- exceed amount of $335,947). The Public Utilities Board recommends approval (4 -0). Attachments: Exhibit 1 -Quote Exhibit 2 -HACH Sole Source Letter Exhibit 3 -Staff Sole Source Memo Exhibit 4 -PUB Minutes Exhibit 5- Ordinance Exhibit 6- Agreement L ID 15 -770 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for crane services for Denton Municipal Electric substation and transmission line projects (RFP 5875- awarded to Luckett Crane Service, LTD in the three (3) year not -to- exceed amount of $540,000). The Public Utilities Board recommends approval (7 -0). City ofDenton Page 6 Printed on 81,3112015 City Council Meeting Agenda September 1, 2015 Attachments: Exhibit 1- Evaluation and Ranking Exhibit 2 -PUB Minutes Exhibit 3- Ordinance Exhibit 4- Contract J. ID 15 -773 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designees to expend funds in an amount not to exceed $142,500.00 for the renovation of residential property located at 1224 North Bonnie Brae St., in the City of Denton, Texas. The purpose of the project is to provide a decent, safe, and sanitary replacement residence for a legally disabled Denton citizen who will be displaced due to an existing City infrastructure expansion as required by law. Attachments: Exhibit 1 Renovation Estimate Exhibit 2 Ordinance K. ID 15 -775 Consider adoption of an ordinance authorizing the City Manager to execute an agreement or agreements by and between the City of Denton, Texas and the Texas Municipal Power Agency (TMPA), that provides for terms and conditions under which Denton Municipal Electric will be responsible for the operation and maintenance of all TMPA transmission assets located within Denton County, Texas, in substantial conformity with the attached exhibits; authorizing the expenditure of funds therefor; and providing an effective date. Attachments: Exhibit 1 TMPA Ordinance L. ID 15 -778 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton, a Fixed Base Operator Airport Lease Agreement between the City of Denton, Texas and BAM Denton Management Ventures, LLC; and, providing an effective date. The Council Airport Committee recommends approval (3 -0). Attachments: Exhibit- 1 BAM Property Lease Summary Exhibit- 2 Hangar Construction Concept Exhibit- 3 BAM FBO Renovation Concept Exhibit- 4 Building Site Survey Exhibit- 5 BAM ordinance and lease M. ID 15 -782 Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer Agreement between the City of Denton and the Denton Fire Fighters Association, and providing an effective date. Attachments: Exhibit 1 Fire Meet and Confer Agreement Summary Matrix Exhibit 2 Fire Ordinance and Aareement N. ID 15 -783 Consider adoption of an ordinance of the City of Denton, Texas authorizing contribution to the Denton Firemen's Relief and Retirement Fund by the City; and establishing an effective date. Attachments: Exhibit 1 Article 12 Pension Exhibit 2 Ordinance City ofDenton Page 7 Printed on 81,3112015 City Council Meeting Agenda September 1, 2015 O. ID 15 -792 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the renovation of the City of Denton Civic Center Pool, located at 515 North Bell Street; providing for the expenditure of funds therefor; and providing an effective date (RFP 5867- awarded to JC Commercial, Inc. in the amount of $1,797,777). Attachments: Exhibit 1- Evaluation and Ranking Sheet Exhibit 2- Ordinance P. ID 15 -820 Consider approval of a resolution of the City of Denton, Texas approving the renaming of the Patterson - Appleton Center for the Visual Arts to the Patterson - Appleton Arts Center; and declaring an effective date. Attachments: Exhibit 1 - Resolution R2014 -019 Exhibit 2 - City Council Letter Naming 2015 Exhibit 3 - Resolution 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 15 -787 Consider nominations /appointments to the City's Boards and Commissions: Health & Building Standards Commission; Human Services Advisory Committee; Parks, Recreation and Beautification Board; and Zoning Board of Adjustment. Attachments: Exhibit 1 Nominations Sheet for 2015 B. ID 15 -819 Consider adoption of an ordinance of the City of Denton, Texas approving an Economic Development Agreement for an incentive grant between the City of Denton, the Board of Directors of the Tax Increment Reinvestment Zone Number One, City of Denton, Texas, and Rail Yard Partners, LTD; and a Commercial Lease Agreement between the City of Denton and Rail Yard Partners, LTD. involving development at the property located at 608 East Hickory Street, Denton, Texas, 76201 and for which the Tax Increment Reinvestment Zone Number One Board recommends approval; providing authority for the City Manager to execute the agreements subject to final language approval by the City Attorney; and providing an effective date. Attachments: Exhibit 1 - Proect Rendering and Space Layout Exhibit 2 - Downtown TIF Project Plan Exhibit 3 -Downtown TIF Board Meeting Minutes 01 -16 -15 Exhibit 4 - EDP Board Meeting Minutes 10 -14 -15 6. PUBLIC HEARINGS A. Z15 -0021 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing an amendment to a Detailed Plan for a single family development within a Planned Development 12 (PD -12) district zone on approximately 1.37 acres of property, generally located on the north side of Winston Drive, approximately 139 feet northeast of the corner of Waterford Way and Winston Drive in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability City ofDenton Page 8 Printed on 81,3112015 City Council Meeting Agenda September 1, 2015 clause and an effective date. The Planning and Zoning Commission recommends approval (7 -0). Attachments: Exhibit 1 - Planning and Zoning Commission Report Exhibit 2 - Aerial Map Exhibit 3 - Zoning Map Exhibit 4 - Future Land Use Map Exhibit 5 - Detailed Plan Exhibit 6 - Ordinance 2015 -180 Boundary Agreement Exhibit 7 - Public Notification Map Exhibit 8 - July 22, 2015 Planning and Zoning Commission Minutes Exhibit 9 - Draft Ordinance B. ID 15 -776 Hold a public hearing and consider approval of a resolution for the proposed transmission route for construction, expansion, and use of electric power transmission lines, beginning at the Bonnie Brae Substation of Denton Municipal Electric and traversing along lines beginning from east of Bonnie Brae St., west of North Locust St., and terminating just south of Loop 288 at the North Lakes Substation, in the City of Denton, Denton County, Texas. Attachments: Exhibit 1 Resolution Exhibit 2 Project Info Sheet Exhibit 3 System Map Exhibit 4 Location Map Exhibit 5 Route Options Map Exhibit 6 Open House Report Exhibit 7 Comment Sheets Exhibit 8 PUB Public Hearing Minutes C. ID 15 -694 Hold a public hearing and receive citizen input on the FY 2015 -16 Proposed Budget. Attachments: Exhibit 1 - Notice of Public Hearing on Budget D. ID 15 -695 Hold a second public hearing on a proposal to adopt a tax rate of $0.696380 per $100 valuation, which will exceed the lower of the effective or rollback tax rate. Attachments: Exhibit 1 - Notice of Proposed Tax Rate 7. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. 1. ID 15 -790 Willie Hudspeth regarding City Hall. 8. CONCLUDING ITEMS City ofDenton Page 9 Printed on 81,3112015 City Council Meeting Agenda September 1, 2015 A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2015 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349 -8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1- 800 - RELAY -TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. City of Denton Page 10 Printed on 81,3112015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -745, Version: 1 DEPARTMENT: CM/ ACM: Date: Transportation John Cabrales, Jr. September 1, 2015 Legislation Text Agenda Information Sheet SUBJECT Receive a report, hold a discussion and give staff direction relating to the Denton County Transportation Authority Passenger Amenities Program. BACKGROUND As part of the August 6, 2015, City Council discussion regarding the FY 2015 -16 Proposed Budget, Council requested information relating to Denton County Transportation Authority's (DCTA) service plan, specifically passenger amenities to include bus shelters and benches. Staff reported that DCTA identified 12 candidate bus stops for enhancements as part of the FY2014 -15 Budget, and that DCTA staff and City of Denton staff are currently working together to implement these system enhancements. Jim Cline, President - DCTA, will facilitate a discussion with Council providing an overview of DCTA services and operations. Mr. Cline will also review options being considered to enhance the passenger amenities program. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The DCTA service plan, specifically passenger amenities to include bus shelters and benches was discussed during the FY 2015 -16 Proposed Budget Workshop on August 6, 2015. Respectfully submitted: Mark Nelson Director of Transportation City of Denton Page 1 of 1 Printed on 8/27/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -763, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM/ ACM: Bryan Langley, Assistant City Manager Date: September 1, 2015 SUBJECT Receive a report, hold a discussion, and give staff direction regarding possible financial incentives related to the Cole Ranch development. BACKGROUND Stratford Land is proposing to develop the Cole Ranch property on southwestern side of the city. As proposed, the development would encompass 3,100 acres and include 8,500 single family homes, 1,890 multi - family homes, and 3.65 million square feet of commercial space. Due to the high cost of developing this project, Stratford Land has proposed to utilize a Public Improvement District (PID) and Tax Increment Reinvestment Zone (TIRZ) as a financing mechanism. A PID allows special assessments to be levied and collected in a defined area, and a TIRZ allows the incremental growth in property tax revenues to be split between a developer and the taxing authorities. As proposed, these instruments would be utilized to pay for infrastructure costs and greater amenity packages in the Cole Ranch development. The City first adopted PID guidelines in 2007, and they were amended in 2014. Per the guidelines, the use of a PID is intended to bring a unique, high quality desired product to the City of Denton that does not currently exist, or exists in a limited manner. While the City does not have a formal TIRZ policy, these instruments have been used only for projects that provide a significant economic impact to the community. The Public Improvement District guidelines are attached as Exhibit 1. PIDs and TIRZs have been used in residential developments around the Metroplex, but they have not previously been used in Denton for similar projects. As such, staff is seeking direction from the Council on whether these mechanisms are appropriate to consider in residential developments. In February 2015, Stratford Land presented their vision of the Cole Ranch project to the City Council. At the time, the developer proposed a PID assessment with an equivalent tax rate of $0.28 per $100 of valuation. Additionally, a TIRZ for both residential and commercial properties was proposed with a 40% contribution from the City tax rate. The TIRZ was originally proposed for a term of 30 years. Following the Council discussion, the developer provided the City with their analysis of the public amenities being constructed and the economic impact of the project. Staff reviewed these City of Denton Page 1 of 3 Printed on 8/27/2015 File #: ID 15 -763, Version: 1 documents with the developer and communicated concern regarding the estimated value of the public benefits and cost of service for residential properties. As a result of these discussions, the developer has revised their proposal as follows: • The PID is now proposed to be levied at an equivalent tax rate of $0.33 per $100 of valuation, but they are seeking a maximum rate of $0.40 for the project. • The TIRZ has been revised to only include commercial properties with a 40% City contribution rate for 20 years. • The developer has requested that the City consider sales tax rebate agreements on commercial properties on a case -by -case basis. Mr. Ocie Vest, with Stratford Land, will be present at the meeting to discuss this development and proposal in more detail. A copy of Mr. Vest's proposal, and information regarding the Stratford Land development firm, is attached as Exhibit 2. The purpose of this discussion is to review the Cole Ranch project and determine whether the City Council is interested in pursuing PID and TIRZ financing mechanisms. RECOMMENDATION: Staff recommends approval of a PID and TIRZ for Cole Ranch with the following conditions: • PID is limited to $0.40 per $100 of valuation ($0.33 per $100 is proposed at the current time). • TIRZ is applicable to only commercial property with a 40% contribution from the full City of Denton tax rate. • City contribution is limited to 20 years. • Value of TIRZ is limited to no more than $33 million. • Sales tax incentive agreements will be considered on a case -by -case basis depending upon the project. • Home sales in Cole Ranch will contribute 0.5% of the sale proceeds to enhancement of schools (similar to Lantana). • Developer will donate sites to City for Public Safety and Elevated Water Storage needs. • Developer will be responsible for all maintenance costs associated with lakes in Cole Ranch. • DME will be the sole provider of electrical services to the Cole Ranch development, and a site for a future substation will be reserved. The attached PowerPoint presentation in Exhibit 3 will be used to facilitate a discussion of these issues. FYUIRITC 1- Public Improvement District (PID) Guidelines 2- Presentation from Stratford Land 3- PowerPoint Presentation Respectfully submitted: Bryan Langley City of Denton Page 2 of 3 Printed on 8/27/2015 File #: ID 15 -763, Version: 1 Assistant City Manager City of Denton Page 3 of 3 Printed on 8/27/2015 h rvvm d by I cx:ls i''I Public Improvement District (PID) Guidelines Mixed -Use or Residential PIDs The Public Improvement District (PID) Assessment Act (the "Act ") allows a city to levy and collect special assessments on property that is within the city or within the city's extraterritorial jurisdiction (ETJ) to make certain improvements as authorized by the Act to the infrastructure to facilitate economic growth within an area. The following guidelines are intended to aid the City Council in determining if the creation of a PID is financially feasible, practical and in the best interest of the citizens of Denton. This document does not require the City Council to participate in PIDs, nor does it prevent the City Council from establishing PIDs with elements that vary from these guidelines. Section I - Policy Statement The City Council reserves the right to consider PID applications on a case -by -case basis. Projects that bring a unique, high quality desired product to the City of Denton, and such uniqueness or high quality could not be created unless PID funding is available, may be considered. Consideration will be given to developments that provide the types of development that diversify and enhance the tax base. Desired product is defined as a high quality mixed -use development that does not exist within the City of Denton (or is limited) at the time the PID application is presented. The development must promote the policy of the Denton Plan. Elements of the development may include: • The development should exceed Denton Development Code standards in a combination of areas. Examples might be: • Park land /development • Architectural design • A high quality in building materials not seen in other developments • Lot sizes that exceed the average lot size in Denton o A higher quality of amenities not provided in other developments in Denton • The development provides a significant impact in the quality of residential units on the community. PIDs may also be considered for redevelopment areas such as downtown. • Developments of significant size should have a commercial component that provides services and products that serve the needs of the neighborhood, i.e., cleaners, pharmacy, bank, etc. • The development must have a cohesive theme throughout that identifies the unique nature of the project. • Amenities or characteristics that describe the project as unique must be clearly definable and measurable as the developer will be required to demonstrate the project has been completed as proposed. • Ongoing operation and maintenance costs for amenities or public facilities where the costs are borne by the City of Denton (i.e., library, dedicated parks) may eliminate a project from consideration. Section 2 - Eligible expenditures Public amenities and facilities must be available to all City of Denton citizens. Some or all of the following list of improvements may be financed through PID funds; however, the City Council reserves the right to consider each project on a case -by -case basis and will determine the appropriate improvements applicable to any project. Water, wastewater, health and sanitation, or drainage improvements (including acquisition, construction, or improvements of water, wastewater or drainage improvements); • Street and sidewalk improvements (acquiring, constructing, improving, widening, narrowing, closing or rerouting sidewalks, streets or any other roadways or their right-of- way); • Mass transit improvements (acquisition, construction, improvement or rerouting of mass transportation facilities); • Parking improvements (acquisition, construction or improvement of off - street parking facilities); • Library improvements (acquisition, construction or improvement of libraries); • Park, recreation and cultural improvements (the establishment or improvement of parks); • Landscaping and other aesthetic improvements (erection of fountains, distinctive lighting and signs); • Art installation (acquisition and installation of pieces of art); • Creation of pedestrian malls (construction or improvements of pedestrian malls) • Similar improvements (projects similar to those listed above); • Supplemental safety services, including public safety and security services; • Supplemental business - related services for the improvement of the district, including advertising and business recruitment and development. Section 3 - Funding /Reimbursement of Costs The City Council may consider one of three options to reimburse public improvement districts for eligible costs. The City Council will review each development on a case -by -case basis to determine the appropriate funding option. A. Funding Option 1 - Pay As You Go. Under this option, the assessed funds are disbursed annually in an amount that does not exceed the expenditures incurred for eligible project costs. No bonds secured by PID assessments shall be sold. Although this option is used most frequently for maintenance projects, the City Council may consider the Pay As You Go Option for any project. The term for Pay As You Go PIDs may not exceed 30 years for capital expenditures. Operation and Maintenance PIDs may be ongoing. B. Reimbursement Option 2 — Revenue Bond Sales After Construction. Under this option, the City Council may approve the sale of bonds secured solely with PID assessments to reimburse eligible costs once a minimum of 50% of the planned residential /commercial construction is at full completed value. If the project is built in phases, bonds may be sold for each phase. The comparative size of each phase must be acceptable to the City. A minimum of 50% of the planned residential /commercial development of each phase must be constructed and accepted by the City of Denton at full completed value before bonds may be sold. Financial security of the developer and feasibility of the project will be reviewed by the City's financial advisors and bond counsel to ensure viability of the project and that PID assessment funds are sufficient to retire the bond debt. The minimum percentage of completion may be reduced if the City believes the financial feasibility report justifies the reduction in completion percentage. The term may not exceed 30 years for capital expenditures. Operation and Maintenance PIDs may be ongoing. C. Financing Option 3 — Revenue Bond Sale for Construction Financing. Under this option, the City Council may approve the sale of bonds secured solely with PID assessments to finance construction with a minimum appraised value to lien ratio of 3:1 at each bond issue. If the project is built in phases, bonds may be sold for each phase. Financial security of the developer and feasibility of the project will be reviewed by the City's financial advisors and bond counsel to ensure viability of the project and that PID assessment funds are sufficient to retire bond debt. The term may not exceed 30 years for capital expenditures, and the maximum number of years of capitalized interest will not exceed two years for each bond issue. Section 4 - Assessment Cap The City Council must consider an assessment amount at the time a PID is created. Assessments should not exceed $0.40 per $100 valuation regardless of whether the project is within the City limits or the City's ETJ. The assessment may be less than $0.40, and the City Council may even consider an amount higher than the recommended $0.40 cap if they believe it is in the best interest of the community. Section 5 - PID Petition /Documentation Developers requesting a PID are required to submit a completed PID petition /application to the Economic Development Partnership Board (EDPB). The EDPB will review the proposal and make recommendation to City Council. The application will provide the following: A. Description of the development that clearly defines the elements of the project that exceed the Denton Development Code and how those elements of the project will be measured. B. Documentation that the project provides a desired product that is not available or is limited within the city limits or the ETJ. C. Detailed project financials and developer financial information to ensure the viability of the company. If the developer has participated in previous PIDs, success of previous PIDs must be demonstrated. D. Developers must declare whether they will hold ownership of the residential property within the development or sell sections /lots to builders, and the proposed timing of the sale of such sections /lots. E. Sample documentation to be provided at the time of sale that clearly discloses the existence of the PID, the amount of the assessment, options for payment, and liability to owner should assessment become delinquent. F. Project financial documents must include payment for City of Denton administrative costs. G. Project financial documents must declare the party responsible for maintenance of the improvements and describe how maintenance will be funded. If an element of the PID funds operation and maintenance, a list of improvements supported by PID funds must be provided. H. Project financial documents must include payment for administrative and reasonable legal costs that may be incurred by the City to foreclose on any property within the project for non - payment of PID assessment. Section 6 — Administrative Costs The PID documentation must provide for the reimbursement of the City's on -going administrative and legal costs relative to reviewing, preparing, auditing the feasibility report, preliminary costs estimates, five -year service and assessment plan and assessment roll, and costs relating to foreclosures, etc. A $2,500 deposit must accompany all PID applications to be applied toward administrative costs related to the processing and review of the application, which may include staff time, public notices, etc. The City will track costs and refund any excess monies once the PID has been established or denied. The applicant will be required to cover all related costs; therefore, it may be necessary for applicants to provide additional funds. m I A/ u 0 z w/j,5 M, C) C\j Cl) W m m u 0 z PYJ,5 NAI To,., CD N cn cn :3 W 0 C: N 0 _0 E E o 0 0 cp _0 C: co CZ p -0 cB w > 0 -000 C) C: E CV c 0 -0 m U- E E C: w cn C: CZ (n cz 2E o U co U) CZ E > -T cn 5; _0 cz 2 CZ C C 0 — _0 0 Ln 0) 00 r -4 Ln 0 Q E c: E -r 00 r-i 0 1 Q QL,— c 0 C) Q < :3 C) N cz 0 z PYJ,5 NAI To,., CD N cn cn :3 W m I E 0 0 cn a 0 CL 0 CL a 0 O 0 00 U-) C� O O N O N co I'll rl- E 0 CL E U) a) M 0 c CZ I- O c N -0 cz = -6 :3 Cl\j :3 0 0 (D :3 cn U- c c; < O N CL _0 Fn 0 0- N cr- a 0 CL 0 CL a 0 u 0 z PYJ,5 WE M., CD N cn cn :3 W co co co C\j co C\j co T co co E 0 U) :3 U) U) a) M 0 c CZ I- O c 1— C -0 cz = -6 :3 Cl\j :3 0 :3 cn U- u 0 z PYJ,5 WE M., CD N cn cn :3 W V) V) ca Q 6 O 0 V i t' � 4 0 t+ _ p 00 C `—° cr p cn WQ V\ pN CU L- 4� Co y L I �aq co p co Ln p N O U ~' m V� C N+ O Q E N co Q t U Ln V O � �, C N ' Q1 vi CO > °�o. m 5 °) r4 m c�a to s ca— f+ w N N p 000 ate -+ ++ 3 CO 44 01 O GJ O- W Q p W O E 72 r- 0 E C 4A O N m�n `^ E ate+ Q °G E G �p �GJ O 0 E m 9 to O a-+ O O� O� � �_ IU f Qi rzo 4J u j O _N 4- `0 O a-' � '' � c� � Al r- 0) m O � � N W E N v 0 aO -+ V O Q O E GN N U M N W V vhf N V aO-' W O N M -C W Z ca N 3 H-W 4 W z 3 � 'E cV V iJ c�0 W O %, A w cv w 3 `-' O li G1 o O E o C �, " E - - >, p (U - a w tw Q W _O a O 9 Q-a 4A E •X �J N CD W d vi of GJ C O 4- N ca N O E O O cvA 'L' O N a-' A Q1 N i `a lfl bA O 4J E C O Q O C N m U N n J 4- i c�' O `° 4-- °J c w ° o E o LU O � 3 o O o c m LU m 41 w C m ~' to , Q 'a CL Q Q C W Q 3 a O lfl r O r N O > N �n o O O M O rj O E v Q- CL w iy N cn � OC OC OC d N N � Q 0 4--j CD cz m W7 • • a • • cn _r_ C: cz 0— cz 0 qmo I cz L- 0 CZ" E 0 z PYJ,5 m To,., CD N cn :3 ZO W CL 4—a cz cn E cn a) 0- 0 0 > _0 _0 cn 0 cz cz cn 4-1 cz 0 4--j -0 E c: 4-a cn 0 0) _0 4 a cn -I-- 4-a cn N U) 4-a 0 0 U cL E cn cz 0 o- cn 4-a cz CZ -0 0 C-) a) Cl 0 cz 4-a cn E 0 4-a -1 C: cz cz 0 > 0 CY cn 0) C: E 4-a cn CZ 0) 0 cz 0 C;) 75; w LL cz I o U) 0 4--j CD cz m W7 • • a • • cn _r_ C: cz 0— cz 0 qmo I cz L- 0 CZ" E 0 z PYJ,5 m To,., CD N cn :3 ZO W N z CD H CZ -�-+ O � V �cz, c CD N O cn a , N O N O CL E U — fill cz cz cn > E E O cz N .O O '— O cn N `+— cn cn (n U) O OU cn OU _0 N cz — H — cn N N U U O O p (.� ctS CZ .,... 0 cn H U N M CZ _ o CZ cm a cn H Q LO 0 N ■� LM Cl) W Q m �i 0 N ry, 9 I V� (AV) enjeA pessessV I I a A ZE EH 0 z m yo-I CD N cn :3 W m u cvi CL E 0 Cn ci CL 0).0 0 co ou (D E co (D N N o CL u U) a) 0 U) .i= E 06 8 �a 0 — a) + 0 >1 N C\l a) 0 a) a) x E cz rZ .5 cn =3 m a) a) P a) 0 r - C: a) + E — a) a) CZ cn cz U) CL > < E "CL 0 a) a) 0, 0 U) C: 0 :3 0 0 i 0 0 0 0 0 CL a) — CZ E a) a) 0 CO C) U) a) 0 E t x :3 r_ a CL V E .2) cz a) .— cn 0 C>Zl a) iii E CL N a>), : E 03 0 N < 0 Z 0 z PYJ,5 I ire-, C) C\j cn :3 ZO W cvi LL ci 0).0 0 co ou (D E co (D N N o OR "o C6 P*. > M Lc) 0 (0 co - 4- m m T— 0 Cw) E CL (D x 0 E 0 L LL Lo Lo L6 0 RT CM a 0 (D E CL E x co co 0 m %0 Lu w U) a) 0 U) .i= E 06 8 �a 0 — a) + 0 >1 N C\l a) 0 a) a) x E cz rZ .5 cn =3 m a) a) P a) 0 r - C: a) + E — a) a) CZ cn cz U) CL > < E "CL 0 a) a) 0, 0 U) C: 0 :3 0 0 i 0 0 0 0 0 CL a) — CZ E a) a) 0 CO C) U) a) 0 E t x :3 r_ a CL V E .2) cz a) .— cn 0 C>Zl a) iii E CL N a>), : E 03 0 N < 0 Z 0 z PYJ,5 I ire-, C) C\j cn :3 ZO W m m u 0 CD C: (D Q— C: C: X •— C: (D-0 0) C: 0 o (1) > U) 0 -0 cU) 0 0 a) U) cz U) < 0 z I_- C) a) Or U) a) W -r- 0 C- 4� :3 0 U) cz a) Or U) a) cz 0 0 z PYJ,5 Q M., C) C\j Cl) W m m u t5 Vic m 0 C/) cc (L) (n (n (1) 4-j 0 0 cz 0 QL C/) CD E E C/) cz E H — (z 0 0 -5 0 0 0 CD C: V CD 0 = 0 E CD C) C/) 0 0 C) cn -0 W ctS cv i = 0) �2 0 't � =�I�C.�N vi LO 60- cz E x 0 CL El 0 z I M., C) C\j Cl) W U) 4•0 U) 0 L 4•0 U) I m 20 ■ I 01) a a 0 cn:E cv) en L-' CN ctS 4 LO z c O -C C) cq all'," 0 B: 0 m O a) 73 0 III 0 1 11 0 0 CO) = E 0 c: -C c') 66 o to- ED C/) U) 4•0 U) 0 L 4•0 U) I m 20 ■ I 01) a a 0 cn:E cv) en I E a 0 (U (U I 0 z PYJ,5 I irf, C) C\j Cl) :3 W L-' 1 ctS O -C C) 73 o (D CD m a) 0 a) 73 0 co E 0 = E 0 c: -C 0 -a -c 0 o to- ED C/) (D CO Ej I E a 0 (U (U I 0 z PYJ,5 I irf, C) C\j Cl) :3 W L-' 1 m 76 t6 (,q E2 CC w -C C) 73 o (D ........... 5 "a E c4 (a -0 m a) 73 r cj M 0 60- U) 0 -c 0 = E 0 w C.) OZ 0 0 -a -c 0 .0 0 Z: CO (D CO Ej 0 uj rr 0 M cr �� CO cc I E a 0 (U (U I 0 z PYJ,5 I irf, C) C\j Cl) :3 W m I u U) U) (1) U) U) U) 3 0 CL 0 m 0 C/) cc W W cn 01 0 Itt 04 00 LU M C\j LO 04 M U) C\j ED 0 U") 00 C\j 0 0 (D (D 00 C\j 0 Cl) CIO (Y) 69- 60- 64> 0 CY) 0) 0) LO CY) (D 0 m 0 C\j Cl 04 ) r C\j l- 6} 60- 69- 0 CC Z' LU U) LLJ -i 0 0 01 cz 0 cz I,- cz D. O C CZ co cn 0 z PYJ,5 Q 11 M., CD N cn cn :3 ZO W 0 LO C) M U-) U-) Itt Eft I"- (D 0 LO 66 M (.0 (.0 U-) 64, 0 U") 144 0 0 0 LO LO m C.0 69- 60- 64> co w 0 (D 0 m M co LO 11, N U) 6} 60- 69- 0 CC Z ui W w 0 cz 0 cz I,- cz D. O C CZ co cn 0 z PYJ,5 Q 11 M., CD N cn cn :3 ZO W m u 0 ca E EL m 0 cn cc 0 0 U N X O O CL) CL) 0 10 co col C? co C? co co 0 m m m m m m m m m m co co co 0 40 O ci 0 0 L cu II ca 61.* 09- 69- cu —0. O 3 C := co co m co m co m co m co m co m co co m m co m c co m co C cu C C E D m — — — — — — — — — I m Co C5 C5 C, — O CL � 6c> 09- 6r, M m m m m m m m m m m m CO 0') co LO cci cci cci cci cic� cq cq oc� R R CR R (6 (6 o6 Co t2 L2 � � � L2 L2 E 6c> LO r- 00 C\l It 0') d 00 d' 0 00 6c> 0) 6q r- 6p, C) 00 l3i (0 (3i CO C\L CO C� C) Ici 'It lc� C\j G CO r'- 0i 'It Ici Z; 0 C\i Z� 00 0) cl� r- OD LQ co C M a) cu M a M ::� CO M M - CO M . CO M - (0 OD r- 3 r. E S' �o a) Co m a m w a �: CO It (.0 r- LO >% — co t- It rl- N w m m co LO co CO M 0 L6 CL 64 LO 6c> CO M 0 0) CO 00 r- �t r- r- C\J C\J Co 0) CO to C\J LO � CO C\J 6 0 0 It OD 0 0) r- 0 0) 0') LO y �o w co CO LO w co I- cli C) 0) C\j 0 O E ai 00 to C6 P, 6 CO C6 06 6 r-� 06 4 4 r-- L6 0 0 0 N r- — Lo 0 m W Co r- r- 1~ — r- o Co M a cm — o M oo r- It LO — m r- CM Cl) r- C14 0) 0 oi L6 (5 L6 d C�' r-� d� Nl� r-: CT — C\i 4 LO L6 64 LO 6c> 6c> 09- (09- 691 6r� It CO C\J Cl) C\J r- (0 CC) d 00 M LO d' M N N a) 00 It r- 00 It 00 ;: It 0 ce) W CA m 0 CC) LO CC) LO V) 0 r, (D 0 r, 00 0 C) ce) NI, Cl) M ci r-� cli L6 C\i P-: - ;: oi r-: cli C\i cli 6 C\i (6 cu LO 0 CY) r- CY) LO LO CY) a) U') o C\j r- cy) C) LO r- "t "It cy) LO — NI, 0) r- Lo — M C\l 0) oi a� C\f L6 Co 4 6 cli cli L6 cli CO L6 C\i 6 L6 > LO ;: CO CO N (D r- r- 0) a) r- CY) co to C) C\J — N N 03- 64 > 'n O '* C) co o C) C, 0 CY) CC) r- !�o (0 LO r. LO r- LO (0 Nt M NI, C\j Cl) CY) CO CY) (D r- — r- r- LO C\l C\l t- Nill It 6 6 co vi 0 Cl) C\j M 00 CMI LO (D -0 0 2. CL) 4) 4) 1� tm m "a 0) ca tm cc u 0 co LL o C\j CY) Lo r- oo a) o C\l ce) C,4 't co > > a) cy) cy) cy) cy) co co m t E cm m m cc E 0 CO m 0 0 0 CD HinOS HONVU 3103 cn :3 0 u ■ ■ 0 -6 vie O il` U) I , II LO a) .F.-A cz E •x 0 a) cn cn a) 0— cz cCS 0 < C: Cf) Q U) CD LO m M C: 0 C: •E a) E 0 -r— (D 0- cz E E Co/) 0 U- a) CZ 0 cn > 4- 0 C: :3 14- (n CD C) -I.- CZ C: a) cn C) C:) - a) i�5 c) S N cz CD m c V) N Ln LO v- 00 v- UJ v - LO 0 z I M., CD N cn :3 W a) .F.-A cz E •x 0 cn a) < cz > .1--a a) < C: CD LO m M CL cz 0 F— 0 z I M., CD N cn :3 W V V v/ _0 O V V/ i a 1 �uuuw 0 co S uw ol rr cm wtl w II III I 3 c v n v c 0 0 c v `u c OR N E N (0 N N O v O E z 11,5 s T 0 N Q m m o Crl � Cr 0) IIN .......... J H *— or cn ,,,, O N �, — owoN H 1 �uuuw 0 co S uw ol rr cm wtl w II III I 3 c v n v c 0 0 c v `u c OR N E N (0 N N O v O E z 11,5 s T 0 N Q �o o � Cr 0) IIN .......... uuu cn 0!5 u .o CO N �, — owoN Z — o m0 CIJ Q) - r co C4 E U ul cn ... 1 �uuuw 0 co S uw ol rr cm wtl w II III I 3 c v n v c 0 0 c v `u c OR N E N (0 N N O v O E z 11,5 s T 0 N Q 0) IIN .......... uuu cn 0!5 u .o CO III 1 �uuuw 0 co S uw ol rr cm wtl w II III I 3 c v n v c 0 0 c v `u c OR N E N (0 N N O v O E z 11,5 s T 0 N Q m I u U) U) (1) U) U) U) 3 0 0 CL 0 0 O cc w W cn • 0 C\J CV) (D W 0_! (D LO C\j co M 04 U') C\l CY) C\j � Clf) 60- (Y) 6cli- 0 Cl) It 0') 0 CD C) 0 1,,- C\j "r- Cl) (D CY) Cl) (Y) 69- 60- 69- C\j C\j R 04 * C\j (D 0 (.0 C'4 00 _j C\J C\j W 04 CY) C*Q �} 60- 60- 0 CC Z' LU U) LLJ -i C) • O O cz I,— cz O 0 z Q a M, C) C\j Cl) ZO W Q) OM CV) (D LU Clf) LO C) 0 i C\j � Clf) 60- (Y) 6cli- 0') 0 CD C\j 0 C) CY) C) rl_ It CIO 0 m C) It 69- 60- 69- C\j LO 0) 0 _j LO C\j C) cm CY) CY) �} 60- 60- 0 CC Z ui w O O cz I,— cz O 0 z Q a M, C) C\j Cl) ZO W 0 u x CY) (Y) (Y) CY) CY) CY) Cl) Cl) CY) (1) (1) Ic'?) I Icy?) CY) Y) Y) CY) CY) Cl) cl C? Cl? V? Cl? WN 5 M ccyy)) llyy)) ccyy)) ccyy)) 0 0 0 0 0 0 0 0 0 0 0 Cl) cl c; > 6a 6a 6a cr LU (a 60- 6q 69- 69� 60- LO LO LO LO LO LO LO Cl) C\l CJ CY) C\l rl- a) a) a) 0) rl- r- r- r- r- r- r- M r- LO 00 C\l C\j cli CL a) 0) 0') 0') 0') 0') 0') CY) (Y) co CY) 6 C; 6 C5 C; c E D CL 6a 60- 60- 6s 60- 69 � LO LO LO LO LO LO LO LO C) r- a) 00 co 00 CD N rl- rl- m m m m m m m C\l r- r- 00 00 0') LO co r- Cl) co N= Cli cq cvz Lri C? C) cyi vi cyi 0 (0, E D It Itt LO It LO cu CD CL A) 6c} � 61i � 69- 4ui 60 Q9- LO M N 0 00 It C\j LO 0) OD I- Cl) C) LO LO O 00 0 O O O 0 0') Cl) rl- OD (0 r- Cl) 00 OD rl- Cl) Cl) a) rl--� Cli 00 OD 0) 1,-: C\L cc� Lsi %t C) M M Cl) OR cci LO V) Cl) m (D r- r- r- CO ::� LO M C\J C\J LO 0 0 co It tl- U) 0) CO �t CO C\j N 0) V) d "o co C� C\i E — — It cq Nt Rt rl- — CL n .a 60- 6s 69- 60- 69- 69, 6 O m m co Nt N w 0 co co co 0) co CO E; r- N N C M 'It 'It t- N 'It 0 CD CO r- 00 co m m 0 0) co m m 'IT It - 0) 't co w (D 0 C) CD N N 0 E r- 0 C\j C\i 4 �-o 6 C6 a ui o (6 C6 m C6 ui vi C� Lo r- co w 4 (0 N Cl) M ,- M h M Q1 co 06 a) cy) m LO It It It LO It C) m It It LO LO LO 0 u) ui 6 vi vi 60- 0) 6a 6a 6c> 61, 6c> 6a 601 Q9- 4) M m m m m m r� a) r- 0 CM 0 U') 't 0 co 'IT m 'IT Cl) r- co CC) co co 'IT LO U') �! m N N w CC) LO U.) C\j m C� r- r- CO CY) 0 — r- Cli V� — oc� LO U') q > - -- C\i CT (6 Gi 6 Rt O M r C�i (6 (o- CY)- (0 M r- — — r- r- C\J — CY) co 0) w r- 0 C) m w CY) C\J (0 CO C\J — m Nt Cl) C) C) I,:, 0 r- LO V) C\j C� C6 CT cli -- P-� rll-: (Ci CY5 C6 cl 0 a) G� 00- 00- "t- C, C\j LO — — — C\j C\j LO C) (.0 Cl) N 0 cq C\j It 00 C\j LO 6a 6a 69- 61, EJi 60- < (0 0 m m NI, M C) w 0 CC) CC) cc)) C) C\j C\j U') CN C) (0 0 C\J C\J CC) r- m 0 0 O m It — m (541 EN CO �l co C\j (o co (6 r- 2 M C) It a LO m .0 CC) 0 .0 ca m LL Lo co Lo (o r- 00 > d' �t Lo W m CD CY) > > 0 C\J C\J C\J C\j < LL C\J C\J C\j C\j < LO (D E c\j < Q < ca 0 0 0 — 0 U 0 0 Cl) C) C\j cn cn AN0103 ISIIHV :3 m m u 0 z I To,., CD N cn :3 W 60- cn 0 4-a 0 cz RS -6 1 0- U) E M� >11 E x m E E o 0 L- CZ H 0 U = 0 c- 0 cn < cz > Z C C) cz C/) 4-a C) o (1) U G1 00 E cz cc Lo op CL M� cvi CV 0 0 U c z 4-a 0 F— 0 z I To,., CD N cn :3 W J. U) .11I U) 0 C.) ulo 0 Z Y. uo C.) 0 C.) 0 0 C.) of 0 C.) 0 UC of O 0 C.) ........... 11 Cl) Cc 11" 04 604- Ln I "", , ol En o coA .......... C* 0 CL cn 0 a ci o 0 III I ■ a 0 C7) RT uu cq ro 11 A Lf) (D *E 7E5 .................. .... 1,11"Ji Ala i , a III E 0 ill x U x 11,11) C� (D = rl-�,, 0 .. . ............. 0 C'i 0 0 .. . ........ rr rr (n, 0 CO rr Cc z 0 z PYJ,5 0 W, C) C\j Cl) :3 W UC ........... Cc ol En o coA .......... C* 0 CL cn 0 a ci o 0 III I ■ a 0 C7) RT uu cq ro 11 A Lf) (D *E 7E5 .................. .... 1,11"Ji Ala i , a III E 0 ill x U x 11,11) C� (D = rl-�,, 0 .. . ............. 0 C'i 0 0 .. . ........ rr rr (n, 0 CO rr Cc z 0 z PYJ,5 0 W, C) C\j Cl) :3 W m I u U) U) (1) U) U) U) 3 0 CL 0 m 0 z oc O cc w w cn 01 0 CY) Cf) 00 W 0 M LO M 0 co M Cl) 0 U') cy) It ED U') M It rl_ I,,- LO r CII) "r— Lf) 00 "tt R* It � 60- �} m cm 0 0 co 0 Cf le ) co 00 0 00 LO r*-- w (D r- M0 LO Cf) 0 It 0 0 z ui cr) w 0 z LU 0 Cf) LU —1 —r 0 01 co cz 0 cz I,— cz C CZ co cn 0 z PYJ,5 Q I M., CD N cn cn :3 ZO W "ti- LO rl_ N 0 CO CO 0 (D W 'it [,1- of (.0 CD M 00 62" M CO N co 't rl-_ 00 0') 69- 60- 69. m cm 0 0 C\j LO 00 00 LO r*-- w (D r- 6c,�- 0 CC z ui cr) w 0 co cz 0 cz I,— cz C CZ co cn 0 z PYJ,5 Q I M., CD N cn cn :3 ZO W m a .2 CL MM x x N N N N 04 WN H C? C? C? C? C? C? C? cl� C? C? C? C? C? C? C? (I? '5 m fa aL. cr 0. LU 49)- m LO M M LO LO M m m m M N M M r- 'It N m m m m m m m m m m It Q0 m m m m CL L(i LQ Lfi Lfi LQ LQ LQ LQ LO LQ c; 6 o 6 6 6 6 — — — — — — — — — — E=)- CL � � C m LO It m It m It LO 't LO Itil m It Lo It LO It LO "It 0) CO LO C\l Lo C) to C 0) =) It Cli Cli Cli Cli Cli Cli Vi Vi CO Vi It C\j r- 6 0 r- C\j EZ a) 0 C\j 0 C\j 0 C\j 0 C\j 0 C\j 0 cli 0 N 0 C\l 0 C%j 0 C\j (6 06 r--: r--: r-, r--, ca � to � CO C\l 0 CO OD C\J 0 C\J Lo M r- (0 CY) 'It a) LO CA 00 (.0 (0 o N 00 C\j C\l t- — C\j CO co It 00 Cl) (D 0 cq LO LO ;-D CO C\j C\J 0 C\J C\j 00 C*4 C M CD I�i r-� C\i - ui vi CO V) CO - 6 - a ,i - r- txi vi 3 CL) c E r- 00 — LO Lo It ice- 0 M a CO co C\j oo co oo (0 o co o 4 'o 4 N co N C) 00 M 0 — LO CL n � � 6,3, � 6-, 6e, 6a 61 6a 4% 00 LO 0 0 co co co to co LO It It Lo It (0 0 O 00 r- N C\l r- C\J C\J 0) CO It co LO 0) 0 C) (D 0 O V v! oc� Cl� dt cc� 0 CO C\L Lr� 'tt (C� --I C') C'! E CO Lo OD CD C\J CO C\J C\J r, V) N LO 75 m Lr� CC) ;; m 0 C\i r- co C\j CD a) 0 q F — 00 0 V) co It CO co LO M a) 0 CO r- CO C%j C) 0 OV) 4) (6 L6 (d C6 C6 L6 a) CT — C\i vi 6 0 0 co cr) < C\j 0) C\j r- m C) N a w U') r- a) 0 C) CY) M M r- C\J 0) (0 CC) Cl) 0 C) C) I,.:, > C\j V) LO 0 0) LO LO 0 r- dT Ln (D - (D . F, -1 CC! Lf! 00 V) co cyi (6 co e) 00 m - co 0 0) (D LO CY) 00 r. I�t CY) 0 r- CY) LO 0 C\j r- 0 LO C\j LO C\j co co C) 0 a) r- (0 r- co ;o- CY) (D ;o- w co co C\T C4 C) zi r-� co" (.0 Cl) 0 > 0) C\J zo- 0 CY) a) 00 cq 0 CY) LO CO — LO It CY) r- a) CY) 00 r. cq CC! C\j r-� LNN C\j CY) — 61} 69} y0 2 0 0 C) 0 m 0 — C) N C) I�t M M m M M N M N LO r- -,t m M m m w N m 00 C) - 0 LO m N co m CO C\J It It (6 o L6 w LH C\i r,. (6 o co - ;o -0 M C6 cm M N N It vii O cu CD 0 0 uo m > CD E N co 0 cq N > > tm E 0 0 0 0 CD C\i HIHON HONVU 3103 cn :3 z 11,5 r O N cn cn ZO -pel rl Ln rn 00 00 I a' o �c rn Oo a' N 00 00) 00 s� M •� Vf Ln k0 O ��� M M N O sl a' 00 Ol N LL 00 c CAA .� Ln �a � 7 .X o v Ln N �� O a aa7 Ln N. rl a' o,, 0a °0 °0 °o °0 °o °o °0 °o °o 0 0 0 0 0 0 0 0 0 0 0 0 O 01 00 N 4.0 Ln -zr M N sz!un ivy/is jo # z 11,5 r O N cn cn ZO 0 z PYJ,5 Q I W To,., CD N cn cn :3 ZO 0 w Lri to Ln 0q, r1i rl Ln 'Ple, 0 W L'i Ln Ln oa rl - N rl Ln olp 0 w Ln Ln 00 Ln 14 1144114,11 KA 00 00 0 00 co Ln o Ln oll� E "E 0 E u 0 o X 4-J u 0 0 L— CL 0 0 0 R 0 0 R 0 0 0 0 0 0 R R R 0 0 0 L 0 0 0 0 0 0 0 Lli LM 0 z PYJ,5 Q I W To,., CD N cn cn :3 ZO I 1-1 u uj Ln m E C: �: :D :3 LL 0 0 U u C: C: 0 0 < 0 0 E �c L-L Ln c 0) a) u 2 a) COCCLUCLULnn A 3 3 3 3 3 m 3 a a a 0 0 0 0 0 U� q U� q Ll� q U� m m r4 N 1-4 IH 0 0 Pz YJ,5 I W a) m C: C: u C: a, 0 u p a) u C\j m E 0 C: C: a) J .I-- u C: C: 0 0 w M, C) C\j Cl) ZO 0 z U) CZ .-I.- CD Cl) cz Q 0- 0 0 C6 cz a) U. X a) CZ cz F— 0 > Uw cz 0 _0 U) Co 70 C: c o cz 0) cz 0) (D 0 cz -z-- cz 'E 'z"-- 0- x U) O cz E C: CZ 0 a- (D 73 c- C: C:) 0 < n C) �L- — -70 cz cz 70 a) a) q C: 0 -1.- CZ — C: CZ >1 LO cz-1 -1 "It c:l -Fz C: C� 0) m 0- 70 Y- > cz Ga-I.- (D < 0 . C-: L- a) cz 0) ZZ .— C: > (D c Z -Z-- (D U) 0 o -1 o 0 = cz " C/) (D C_ 0 E (D L- () " cz — 0 C: %+- cz 0 o . . C-: 0 U) cif a) > !E E E2 U) N C 0 0) (D -1.- cz 70 0 N a) < CZ -L-- -I.- U) — - C: cl) E 0 (Ii , C: -- CZ = U) cz > C: U) '— cz C)7 x E cz a) 0 0 > -0 cz -E 0 C: cz C: 0) cz U) 0 70 Q _0 CZ a) U) > CZ cz 0 70 CZ cz 70 70 CZ U) CZ 0 -C 7o 0 L E CZ CZ C: -2 a) > 0 0 c z (D E c Go)) -- 0 -I.- 7 a) CL cz L- U) 4— 5 0) " 0) cz >1 U) C: CO = CZ U) .0)0 CZ E 70 a) CZ (D U) 0 U) 70 . E- "0 a) 70 U) 0 U) c U) z > -I.- U) U) 0 cz cz = -1 0 C: C: > " +— 0 6 cz —j 70 0 C: 70 W CZ cr Q) -0 -1.- 70 -- _0 0 0 m CZ 0 N E 0 (D %0 (6 -C cz -0 C CZ CZ Z • C: 0) 1� cz Q .2) 0 0) CD CO CO cy) = 0- U) w o 0 CO a) cn cn :3 O O 0 1-1-1 P 21 E 0 z I M, C) C\j Cl) ZO W O CCU O o 00 ct z 0 z Q I M, C) C\j Cl) W o) � �6) �6) �6 �6) ct 4-J 0 C) 42, ct ct 4-J V) w 0 z I M, C) C\j Cl) W U O p4 v c� � O R� U o� 0 o) o q .) N •j ^nv�yl E 0 c� x o o � o crS 4i Q Z z 6" M, 0 N Q ct O co O 4-J O -Clti M 0 z w/j,5 I M, C) C\j Cl) W [o c O cz cz U) cn Q Q O N � LL � O cz (D _ _O N cz > N (� N > O O Q Q _0 cz cz N1 (D LL C ) O _0 �-+ C/) V a Z O � .�-� .� O .�-� N N � � .cz 0 c .U) ,C: c N Cn O to N N O U cz OQ Q X N LL O :3 4-, Q N U) _0 ~ 0 0. 0 C/) cz to on- p� pE O wN rU LU(n LO NEE N TM N � N UO ° U U co E U- T ?' C o 0 cn a a cn Q • • �! ' _ 4� Q (N aw C. CL E CJ a 0 0 cn O C 0 CL 0 0. c 0 0 A CD CD CD co LO CD V CY) Ol cl� C. E (n I,- a O cv C. (n 0 M o (L U :t-_ -6 m (n C\j N C: 0 41 < C\j C) Co co 0 CL 0 it _0 Fn .1 0 C: 1 — (D C 0 CL 0 0. c 0 0 A CY) 00 Cli CY) C\l 00 N CY) V CY) C\l L6 C. E a O M CY) 0 M o (L U C) -6 m CD C\j N C\l C\j C) U) UL • • cn 0 4-0 =3 4-a 0 E 4- E 0 4- (n 4-a 0 (D 0 (n �: =3 C: CL C) (n co M 0 V) V) > _0 0 c: CN a) -0 E (n Nt U) >, co -5— Co m a) >I U) 4— 0 Co 2 a) c .— D 12 U V) U) Co M a) E > U) V) 0 0 Li.-- V) E X 0 Co -0-2 0 Ol x 0 L LO CO C-4 -'q 0- 0- -E 0 0 < =3 N CL co 0 0 0 (D 4- -C 4- 0 (J z (D V) :t= 0 D- ::D -C 12 -C 0 C>1 00 -4- sn a ol 61-0 0 V) 0 0 O 0 V) :t= U- Lr) --4- V) 0 C:) I LL D C�, co V) U 0 E 0 -q Cq 0 E D CN o V) LO LO 0 D- 00 CD o L- > NO N 011 (Y) 0 E 0-0 C) 69- 69- 0 u U (A 0 4-- < -4- -4- 0 > > -0 0 V) Z < < (D C: 0 > D 0 U Ln o V) E 'S' 0 0 Ln u u C: C: Q) a) Mw, I IN IWO I • 66 (D > LD a) V) D 0 cn LL- O O0 L4- V) 0 Oo 4- V) Lij Ln o V) E 'S' 0 0 Ln u u C: C: Q) a) Mw, I IN IWO I • ml :t= (D 0 D D- N V) o 0 C14 (D V) C: E O 0 ILI U V) u c 0 ** 0 E 0 0 L) D u u Lo D o CD LQ u U Lu d- 0 O u L- 0 V) E _C D D 0 V) :�= c D 4 U 0 U 0 > .9 V) 0 0 > D c V) O u O o (D D- o 0 (D ILI V) u c 0 ** E 0 L) D u u E LQ u U Lu d- 0 (D D- o (D (D V) c 0 ** 0 o 0 u Cc: 0 D 0 V) :�= D 4 U a U 0 > .9 V) 0 0 V) 0 QL 0 L- n • • V) I 49 W, c 0 4- • 0 � • Q) () 0 (Y? w 0 D b U 0 0 -4- Q) 0 D C) C- -- - Q) Q E 0 V) Q) w V) 9 E D pN VJ u 0 C) 0 7� V) C: 0 0 CO I U U (D -C: 0 6R Sv Ln V Ol 0 E C U 0 E A a • V) LO ry E 0 • L4- 0 •j D 4- 07 E 0 4- V) 0-0 U D 4- u D V) o 0 D LD) 0 u O D C: 0 'E (D 4- E 0 co L- 4- CO u 4- Ln > 0 D- Q7 ui 0 D- C: 0 E 0 ® u 0 cn cn Q7 0 c U 0 4- u Q N 0 O..Q O ra co CII) — . (D 0 0 NO D C L u 4- ry .0 > 0 0 C: O OS D > 0 0 4- u D- u a) FL u O > u (D O V) C) 0 +- 0) 0 0 -+- %-- 1-- D 4- 4— g E a) >, - +- V) C: .- u --p u D 0 cCDD E C04 c 0 §'E 0 0 0 a) C: E a)- =0 VJ > 0 u _0 a) D > (1) 0 t O "mss C: 0 ® > :�- .— U o Q)-c 0 -0 C: -4-� C: a) Q -'c-: (1) (1) E c: ou a) E —g- oc U >1 - —a) E E E E -, 0 o, >, x C) u DL D- 0 0 U C: a) C: a) -- u -+- (D Ln C: a) C) a) Q>> ) a) 0) T Q '0� a) EZ- >a) LU > D o C: y. 0 CL u H= 0 V) C) (1) =0 V) Z/i V') E 0 c D 02 E > a) 0 0 4-- LA Eli C: a) 0 E u 0 0 0 E 0 C: D 0 u 0 0 14- QV)) 14- 0 D o 75 U 0- :tz a) 0 -c: Lo o City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -780, Version: 1 DEPARTMENT: CM/ ACM: Date: Transportation John Cabrales, Jr. September 1, 2015 Legislation Text Agenda Information Sheet SUBJECT Receive a report, hold a discussion and provide staff direction on the use of the City facility located at 300 Woodrow Lane as a homeless shelter. BACKGROUND In late January of this year, City staff was approached by representatives of the Mosignor King Outreach Center (MKOC) seeking temporary emergency shelter options for the homeless shelter their organization had been operating at the Denton Bible Church. MKOC was notified that the church facilities would no longer be available for shelter operations and with freezing winter weather forecasted for the weekend of February 20, MKOC was granted temporary access to the former City of Denton Animal Shelter located at 300 Woodrow Lane. Representatives from the Building Inspections and the Fire Marshal's office inspected the Animal Shelter facility on February 20, and occupancy of the facility was granted to only specific areas and under specific conditions to meet an immediate and critical need. Following the granting of that temporary use, MKOC was unsuccessful in identifying other suitable accommodations prior to extreme summer heat conditions and the group was again permitted to utilize the facility in late July and August in spite of staff reservations relating to significant deficiencies for such an occupancy. Although specific life safety enhancements were recently made to the facility, the structures are not suitable for continued or long -term use as a homeless shelter. To modify the structures to meet basic City Building and Fire Code, it is estimated that a minimum of $130,000 in facility modifications will be required to address fire alarm, sprinkler and HVAC deficiencies. Additional modifications are expected to meet accessibility standards and to enhance restroom facilities to meet code for a group home designation, however, staff has not quantified these costs as additional expenditures will be required to hire licensed inspectors /architects to determine specific accessibility enhancements. Staff met with MKOC representatives on Wednesday, August 19, to let them know that as of September 15, the facility will no longer be available to operate as a homeless shelter. This date was established to allow the shelter to be used for any late summer extreme heat events as well as provide time to locate a more suitable facility for shelter operations for the winter. Staff is currently working with MKOC to identify more suitable facilities for their outreach program. OPTIONS City of Denton Page 1 of 2 Printed on 8/27/2015 File #: ID 15 -780, Version: 1 1. Discontinue long -term use of 300 Woodrow Lane as a homeless shelter due to building deficiencies and direct staff to assist MKOC to locate suitable options for lease or purchase, by MKOC, to meet the needs of their outreach efforts. 2. Initiate modifications to the facilities at 300 Woodrow Lane to meet code for long -term use as a homeless shelter. RECOMMENDATION Staff recommends Option 1. ESTIMATED SCHEDULE OF PROJECT MKOC has been notified that as of September 15, 2015, the facility will no longer be available for use a homeless shelter. FISCAL INFORMATION The City has experienced approximately $5,200 in utility expenses and over $8,000 in facility enhancements, to include landscaping, at the facility since late February. An additional $130,000 is expected to install the requisite fire alarm and sprinkler system, and to replace the existing HVAC system. Additional expenses are expected to address modifications to meet accessibility standards, upgrade plumbing and modify facilities to meet FEMA flood plain requirements. Respectfully submitted: John Cabrales, Jr. Assistant City Manager City of Denton Page 2 of 2 Printed on 8/27/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -702, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM/ ACM: Bryan Langley Date: September 1, 2015 SUBJECT Receive a report, hold a discussion, and give staff direction regarding participation in What Works Cities, a Bloomberg Philanthropies initiative. BACKGROUND What Works Cities is a national initiative from Bloomberg Philanthropies designed to elevate and accelerate cities' use of data and evidence to engage citizens, make government more effective, and improve people's lives. What Works Cities helps cities build capacity and improve outcomes by providing on- the - ground training, access to world -class expertise, connections to peer cities tackling similar challenges, and help with the implementation of technical solutions. The program will work with 100 mid -sized municipalities over the next three years. Denton has been selected as one of the first forty cities to participate. Other participating cities include New Orleans, Louisiana; Chattanooga, Tennessee; Jackson Mississippi; Kansas City, Missouri; Louisville, Kentucky; Mesa, Arizona; Seattle, Washington; and Tulsa, Oklahoma. Based on priorities expressed in the strategic plan and the results of the 2015 citizen and business surveys, we have identified the following areas of opportunity for this program: performance measurement, planning and development, economic development, and street maintenance and reconstruction. What Works Cities will facilitate a workshop with staff on September 4, 2015 to further explore opportunities in Denton and will develop a final scope of engagement for the program. EXHIBITS Exhibit 1: What Cities Works Presentation Respectfully submitted: Alison Ream Administrative Services Manager City of Denton Page 1 of 1 Printed on 8/27/2015 I V) U-i u U-i V) U-i V) z Ln rH C:) < < U-i LU cr- co z 2 0 LU V) U-i (�( ELM EFA-W I( 2 .> _ , #< #< ~ , .J o \ C m& 2 .: #: two \ \ � `} � § u � : } b.0 > 20 § m c o c � : y W b # Era "Ah J 1 N 1 RX Mon $I u5m l CM) IMMUNE IUIUINVIII n.Ou. • re WE "Ah 1 - • 4-j c E E ai 4-j 0- 0 0 0- 0 0 u City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -817, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Economic Development CM/ ACM: Jon Fortune Date: September 1, 2015 SUBJECT Receive a report, hold a discussion and give staff direction regarding a potential Economic Development Grant Agreement and a Commercial Lease Agreement with Rail Yard Partners, LTD. for a co- working space that may be administered by the Dallas Entrepreneur Center to support entrepreneurship and innovation in Tax Increment Reinvestment Zone (TIRZ) Number One. BACKGROUND The City is engaged in the process of developing new recruitment strategies and programs. One of those initiatives is focused on the recruitment of hi -tech and emerging technology companies, and the support of entrepreneurship and innovation. This program initiative, funded for the 2014 -15 Fiscal Year, seeks to: • To create knowledge- based, high - paying jobs • To gainfully employ our college graduates in order to keep them living and working in Denton • To support entrepreneurship and innovation • To recruit, create and retain successful innovative businesses • To diversify and strengthen our tax base • To increase the average household income in Denton • To encourage infill development and redevelopment • To create substantial investment in Denton businesses • To develop a workforce that is agile, technologically advanced, and employable • To foster technology solutions to address community -wide needs The proposed Railyard downtown catalyst project addresses a number of goals of the Technology and Innovation Program and is located in the Tax Increment Reinvestment Zone (TIRZ) Number One, Downtown Implementation Plan (DTIP) and Transit Oriented Development (TOD) area. The project would be located at 608 E. Hickory adjacent to the transit station. The project involves a Commercial Lease Agreement with the Developer (Rail Yard Partners, LTD), a Chapter 380 Agreement including revenue from the Tax Increment Reinvestment Zone One (Downtown TIRZ) with the developer and a separate Agreement with the Dallas Entrepreneur Center (will be considered by the City Council at a future date). The parties and roles are planned as follows: • Rail Yard Partners, LTD: is the Landlord and grant recipient of the Chapter 380 Agreement City of Denton: is the Tenant • Dallas Entrepreneur Center (DEC): is a 501(c)3 organization and will be the Subtenant and /or Program City of Denton Page 1 of 3 Printed on 8/27/2015 File #: ID 15 -817, Version: 1 Manager Rail Yard Partners, LTD. is renovating an existing 28,000 square foot building as a part of a larger transit - oriented catalyst project. The City would lease 9,216 square feet for a collaborative working space. The DEC, which has similar entrepreneur resource centers in Addison and North Dallas, would offer memberships, technical assistance, mentorship and program events to help foster local business growth in Denton. PRIOR ACTION/REVIEW On January 16, 2015 the Tax Increment Reinvestment Zone Number One (Downtown TIF) received a report regarding an innovation and technology recruitment initiative and potential partnership opportunities, and recommended approval of an incentive 5 -0. On October 14, 2014 the EDP received a report regarding an innovation and technology recruitment initiative and potential partnership opportunities and recommended that staff proceed with a vote by the Downtown TIF Board. In a Budget Workshop on July 31, 2014, and in a Budget Work Session on August 19, 2014, the City Council heard a budget request for $220,000 for the formation of this program. This program has been funded for the 2014 -15 Fiscal Year and is included in the City Manager's Proposed Budget for Fiscal Year 2015 -16. In a joint meeting between EDP and the City Council on April 7, 2014, program components were presented and discussed. EDP and the City Council gave staff direction to consider pursuing the initiative and developing the program. FISCAL INFORMATION The Program Grant Agreement contemplates an annual grant in the amount of $76,000 for five years, for a total incentive of $380,000. It also contemplates a 50% sales tax rebate on the retail portion of the project, estimated to equate to $25,000 to $35,000 annually. The Commercial Lease Agreement is a five year lease at $9.75 per foot for year one, with an approximate 3.5% increase in the per foot cost annually thereafter, in addition to operating expenses including the City's pro rata share of real estate taxes, insurance, common area maintenance, and operating expenses. Estimated Year One total costs: Program Grant Agreement: $76,000 to $100,000 Lease Agreement, including operating expenses: $131,360 EXHIBITS 1 - Project Rendering 2 - Downtown TIF Project Plan 3 - Downtown TIF Board Meeting Minutes 01 -16 -15 4 - EDP Board Meeting Minutes 10 -14 -15 5 - Draft Lease Agreement (provided under separate cover) 6 - Draft Incentive Agreement (provided under separate cover) 7 - Draft Ordinance (provided under separate cover) Respectfully submitted: Aimee Bissett City of Denton Page 2 of 3 Printed on 8/27/2015 File M ID 15 -817, Version: 1 Director of Development Services Prepared by: Aimee Bissett Director of Development Services City of Denton Page 3 of 3 Printed on 8/27/2015 : � .� �� j � � � \ ��«° : < �� 2\ � �; � � � / � � \ \/� � .. � / r < �� ~ , } \Z \� � . . . y \� y � i �� § £: \: \.< . : � . \� \ �� � � : �����? \� � \ � �� " � � � /\ � � � � � \ 6 :.:r. . _�� : ?<� > . < � \� < ... - »� } � » :� }� \ »/ \� < � � :�� ��� � . ^� / \ « \ \\ ©� \ r: N EiA �»r �w JIUff�!(G�kb(f�CrG6 ✓ll((�`I/ �� IIY�llu���'VH��1 91, 1 f VigyF� ' RY1lJl�I d l� Exhibit 2 PROJECT PLAN — DENTON TIF NO. 1 FINAL PROJECT PLAN Updated June 2014 Tax Increment Financing Reinvestment Zone No. 1 City of Denton, Texas SCHRADER & CLINE, LLC George R. Schrader Larry D. Cline 4800 Broadway, Ste A Addison, TX 75001 972 - 661 -1973 schcli(aswbell.net Exhibit 2 PROJECT PLAN — DENTON TIF NO. 1 Iff-71-MITTIMM The City of Denton, Texas proposes to establish a Tax Increment Financing Reinvestment Zone ( "TIF ") for the purpose of dedicating the increase in tax revenue generated within the TIF to provide funds for public infrastructure to encourage accelerated development and redevelopment in the downtown area of the City. The TIF consists of approximately 225.73 acres and is more fully described in Project Plan Exhibit A. The City is creating this TIF to encourage accelerated development and redevelopment in this area of the City in an effort to stimulate new higher value, higher density development which would benefit and be incentivized from the proposed public infrastructure improvements. It is expected that the TIF will exist for thirty (30) years or the date when all project costs are paid, whichever comes first. As set forth in Section 311.011 of the Tax Increment Financing Act of the Texas Tax Code Ann., the Project Plan for Tax Increment Financing Reinvestment Zone No. 1, Denton, Texas must and does include the following elements: 1. A map showing existing uses and conditions of real property in the TIF and a map showing proposed improvements to and proposed use of the property. ■ The boundaries of the TIF are shown on the map labeled Project Plan Exhibit: B; ■ Project Plan Exhibit: C shows existing land use within the TIF. Currently, the area is generally developed but contains less than ten percent residential. ■ Project Plan Exhibit: D lists and defines the public improvements being proposed for the TIF; ■ Project Plan Exhibit: E shows anticipated Future Land Use within the TIF. 1 Exhibit 2 PROJECT PLAN — DENTON TIF NO. 1 2. Proposed changes of zoning ordinances, the master plan of the municipality, building codes, and other municipal ordinances. ■ Any changes to codes, ordinances, or master plan as a result of the creation of the TIF will be made through the standard process and procedures of the City. 3. A list of estimated non - project costs. ■ Non - project costs within the TIF are those development costs not paid for by the TIF. These costs will include, but are not limited to, $207.5 million, which is comprised of new private development. 4. A statement of a method of relocating persons to be displaced as a result of implementing the plan. ■ Although not anticipated, in the process of developing the TIF, any relocation will be made through the standard process and procedures of the City. 2 Exhibit 2 PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY EXHIBIT A Boundary Description Beginning at the southwest corner of the ROW intersection of Carroll Blvd. and Sycamore, the POINT OF BEGINNING; THENCE, north along the west ROW of Carroll Blvd. to the northwest corner of the ROW intersection of Carroll Blvd. and W. Parkway Street; THENCE, east along the north ROW of W. Parkway Street to the northeast corner of the ROW intersection of W. Parkway Street and Locust; THENCE, south along the east ROW of Locust to the north ROW of McKinney; THENCE, east along the north ROW of McKinney to a point directly north of the southeast corner of the ROW intersection of McKinney and N. Bradshaw Street; THENCE, south across McKinney and continuing south along the east ROW of N. Bradshaw Street continuing directly south across E. Hickory Street to the south ROW of E. Hickory Street; THENCE, west along the south ROW of E. Hickory Street to the northeast corner of a tract in the Fred Hill Addition, Block A, Lot l; THENCE, south and east following the property line of a tract in the Fred Hill Addition, Block A, Lot 1 to the northwest corner of a 1.406 acre tract, Al 184A H. Cisco, Tract 14; THENCE, south along the west property line of a 1.406 acre tract, Al 184A H. Cisco, Tract 14 to its intersection with the north property line of a 1.694 acre tract Al 184A H. Cisco, Tract 15; THENCE, west and south along the north and west property line of a 1.694 acre tract Al 184A H. Cisco, Tract 15 to the northwest corner of a 0.16 acre tract, Al 184A H. Cisco, Tract 20; THENCE, south along the west property line of a 0.16 acre tract, Al 184A H. Cisco, Tract 20 to the north ROW of Sycamore; THENCE, directly south across Sycamore to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the northwest corner of the Oakwood Cemetery; THENCE, south along the west property line of the Oakwood Cemetery to the north ROW of Prairie; THENCE, directly south across Prairie to the south ROW of Prairie; THENCE, west along the south ROW of Prairie to the southwest corner of the ROW intersection of Prairie and Elm; 3 Exhibit 2 PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY Boundary Description THENCE, north along the west ROW of Elm to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the southwest corner of the ROW intersection of Sycamore and Carroll Blvd. and the POINT OF BEGINNING, and containing a total area of approximately 225.73 acres. M Exhibit 2 PROJECT PLAN — DENTON TIF NO. I PRELIMINARY TIF Boundary EXHIBIT B 1 �. ,. - Centerline Streets perty Description Acreage w/or wio Agr use Cable Company Duplex Exempt Gas Company Multifamily Phone Company Real and Commercial Single Family Townhome Vacant Commercial Lots 11 WEMLOUX, This map Is a graphlc representation prepared by the City of Denton and Is Intended for use only as a reference, Data depicted 0 0 05 0 1 02 0 3 04 Is not guaranteed for accuracy and may be sulblect to revision at any time without notification, A Registered Surveyor for the State of Texas was net consulted. For Survey level accuracy, supervishon and certification of the produced data by a Registered Profe"Ifonal Land Surveyor for the State of Texas would need to be performed 5 Exhibit 2 PROJECT PLAN — DENTON TIF NO. I PRELIMINARY Existing Land Use EXHIBIT C Legend TIF Boundary I Centedine Streets perty Description Acreage w/or w/o Agr use Cable Company Duplex Exempt Gas Company Multifamily Phone Company Real and Commercial Single Family Townhome Vacant Commercial Lots oir April 16 2010 Wes Thta map Ila graphle representation prepared by the City 0 Dentonand aintended for use only as a reference, 0ma do lActed Is not guaranteed f accuracy and may be subIect to reviislon at any lIme vAthout notificarlon. A Froquaeffed Surveyor for the 0 006 01 02 03 Ci 4 State of Texas wal"l consulted, Far Survoy evel accuracy, %LoomhAonl and corlIftation of the produoad data by a Registered Prolessional Land surveyor for the Stale of Texas would need to be lawforeted I !, Exhibit 2 PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY EXHIBIT D Project Plan PROJECT ESTIMATED COST, $M Parking / Transportation 8.0 Complete Streets 7.9 Support for Downtown Projects 4.9 Utility / Drainage Improvements 4.0 TOTAL 24.8 Project Definitions Parking/Transportation: Transportation: Parking includes, but is not limited to, parking garages; surface parking; parking lighting; and parking signage and wayfinding. This project category was designed to provide adequate public facilities for transportation and to foster Transit Oriented Development (TOD) that will occur as a result of the planned transit station that will link Denton with passenger rail service to the City of Carrollton, where riders can transfer to the Dallas Area Rapid Transit (DART) system into the Dallas/ Fort Worth metroplex. The goal is to create compact, walkable, pedestrian- centered developments to enhance and act as a catalyst to spur additional development and redevelopment in the district. Complete Streets: are "multi- functional, pedestrian- oriented, aesthetically - pleasing, and safe and inviting for residents and visitors. Redeveloping the existing downtown street network into complete streets will create a pleasing public realm, which in turn supports and encourages a wide variety of new development and investment" according to the Downtown Implementation Plan. Elements of complete streets include the building to building improvements which may encompass: sidewalks, shared travel lanes (e.g. bus and bicycle), parallel and angled parking, pedestrian crosswalks, pedestrian and emergency bulb (American with Disabilities Act (ADA) accessibility), awnings, street improvements, planters, pedestrian street furniture, bike racks and pedestrian lighting. Downtown Projects: may include grants, loans and services for public and private development. Eligible TIF project costs are not limited to public uses and may also include projects that involve: historic preservation, demolition, environmental remediation and economic development grants. Chapter 380 of the Local Government Code grants municipalities in Texas the authority to offer grants and loans of public funds to stimulate economic development. The chapter also includes a provision for the use of City employees, facilities and services. An example of a City service may include additional public safety personnel to serve the increased population created by the transit station and the surrounding transit oriented development. Solid 7 Exhibit 2 PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY EXHIBIT D Project Plan waste and recycling services tailored to serve the downtown area is another example of a public service. Pursuant to the Texas Local Government Code, section 272.001, the City of Denton may utilize City -owned property that is located in a reinvestment zone to facilitate economic projects which the City and TIF Board deem appropriate and desirable. The City may acquire, lease, sell or otherwise transfer property to accomplish the public purpose of economic development that is consistent with the Project Plan. Such projects may include public - private partnerships, transit - oriented developments, or the recruitment of specific industries including, but not limited to, hi -tech or emerging technology companies, local start -up businesses, artesian or "maker" industries, the creative sector, bakeries, microbreweries, micro- distilleries, wineries, grocery stores, or other industries that the TIF Board and the City Council deem desirable. Utility Drainage: The downtown TIF district has an aging infrastructure and a number of properties that are situated in the floodplain making proper utility drainage an important component of the project plan. Utility drainage encompasses the physical provisions to accommodate and regulate stormwater runoff to preclude excessive erosion and sedimentation and to control and regulate the rate of flow. Facilities /systems can include natural features and conduits, channels, ditches, swales, pipes, detention devices or other devices designed or intended to carry, direct, detain or otherwise control stormwater," according the Denton Development Code. Projects may include one or more categories that may be leveraged as an incentive for development in the TIF district. An example of such a project, that would include both the parking /transportation and the downtown project categories, is a public private partnership for the construction of a parking garage and mixed use development that includes a public investment for additional parking for the public. N. Exhibit 2 PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY EXHIBIT E Future Land Use Exhibit 3 MINUTES CITY OF DENTON DENTON TAX INCREMENT FINANCE ZONE NO.1 BOARD January 16, 2015 After determining that a quorum was present, the Denton Tax Increment Finance Zone No.1 Board convened on Friday, January 16, 2015 at 1:40 p.m. in the City Hall Work Session Room, 215 E. McKinney, Denton, Texas. PRESENT: Bob Moses, Harold Strong, Marty Rivers, Virgil Strange, and Chris Watts ABSENT: Hank Dickenson, and Kevin Roden STAFF PRESENT: George Campbell, John Cabrales, Aimee Bissett, Julie Glover, Christina Davis, Erica Sullivan, Karen Boenker, and Ron Menguita GUESTS: None REGULAR SESSION 1. Consider approval of the minutes of the June 27, 2014 Tax Increment Finance Zone No.1 Board meeting. Hank Dickenson motioned approval of the June 27, 2014 Tax Increment Finance Zone No.1 Board meeting as presented. The motion was seconded by Bob Moses and carried unanimously (5 -0). 2. Receive a report and hold a discussion regarding the annual ad valorem revenue of Downtown TIF Number One Erica Sullivan, ED Analysis, reviewed the certified and supplement summary that was distributed to the Board. Sullivan reported that the Downtown TIRZ Number One 2014 total apprised valuation of taxable real property was $116.8 million, a $16.3 million increase from the 2013 supplemental value of $100.5 million. The annual TIRZ fund contribution of property taxes and interest income for 2014 is $258,160. Staff discovered that the reports have not reflected accumulated interest to date. Once interest has been accounted for November and December the TIRZ fund will change slightly. Sullivan discussed the actual increase with the Board reviewing existing versus new construction and how the funds can be used. 3. Receive a report, hold a discussion and give staff direction regarding the 2014 Annual Report for Downtown TIF Number One Julie Glover presented the 2014 Annual Report for the Downtown TIF Number One. The only changes to the report are the member of the Board, due to City Council place changes and the numbers representing the growth and monies collected in the district written in the text of the report did not match the spreadsheet presented as an attachment to the report. Chris Watts motioned approval of the approval of the report 2014 Tax Increment Finance Zone No.1 Board meeting with corrections. The motion was seconded by Harold Strong and carried unanimously (5 -0). 4. Receive a report and hold a discussion regarding an innovation and technology recruitment initiative, part of which will take place within the Downtown TIF NUMBER ONE. Aimee Bissett gave a presentation on an innovation and technology recruitment initiative called CoDenton. Initial discussions of CoDenton, started in June 2014 and was added to the Economic Development budget in the Exhibit 3 2014/15 fiscal year. In her presentation, Bissett discussed that the program has a community- driven demand for hi -tech and emerging technology recruitment. It will support entrepreneurs and innovation with a co- working space with a business incubator for creating high -wage, knowledge -based jobs to retain our educated workforce. This will take the collaboration of technology infrastructure, such as fiber, wifi, small cell; education and workforce partnerships, nonprofit and investment partners like TechMill, Dallas Entrepreneur center, Hub & Spoke, and the startup community, and finally real estate development. The two key program components, entrepreneurship and recruitment, are key to its success. The proposed co- working space would offer daily or monthly desk and office rentals, a business incubator /accelerator program to launch or scale new startup businesses; events for mentoring, guest lectures, and hackathons; investment for recruiting /matching venture capital, and angel funding. Similar operating models that were investigated are investment vs. nonprofit /community- based, such as the DEC (Dallas Entrepreneur Center) operating model and local TechMill grassroots effort. Bissett's presentation included details for the DEC and TechMill programs. While discussing the many benefits of CoDenton, Bissett revealed that the platform MSNBC used for reporting the 2012 Olympics was built in Denton by a small team working at a coffee shop. 5. Receive a report from the City's Leadership Excellence and Enhancement Program (LEEP) participants and hold a discussion regarding their Right -of -Way Maintenance Project, including areas within the Downtown TIF NUMBER ONE. Bissett reported on this item, as Lancine Bentley was unable to attend. Bissett gave a brief introduction to the LEEP program and its purpose. The goal of the project is to collaborate with TxDOT and Union Pacific Railroad to implement a regular maintenance and beautification plan to create clean and attractive public rights -of -way along entryways and major thoroughfares throughout the community. 6. Receive a report and hold a discussion regarding E. Hickory Capital Improvements. Glover presented the update on E. Hickory St. covering work on the street, the Williams Trade Square parking lot, and marketing efforts. 7. Received Staff Activity Reports a. Businesses Closed: Gold Mine BBQ, Yogurt Fusion, S. Elm Restaurant and Bar, Last Drop Tavern, Smiling Moose Deli b. Businesses Opened: Bet the House BBQ, Painting With a Twist, Sweetwater, Oak Street Coffeehouse, Sub Shack, Big Fatty's Flaming Foods /Spanking Shack, Dark Ages Tattoos, Hypnotic Donuts, coming soon are Muddy Jakes, Service Industry, and Jacks Tavern BOARD WENT INTO CLOSED SESSION AT 1:00 P.M. Deliberations regarding Economic Development Negotiations — Under Texas Government Code Section 551.087. 8. Receive a report, hold a discussion, and give staff direction regarding an economic development incentive agreement for a catalyst project, and a lease of real property where a deliberation in an open meeting would have a detrimental effect on the position of the governing body in negotiations with a third party. This discussion shall include commercial and financial information the City has received from the developer which the City seeks to have locate, stay, or expand in or near the territory of the city, and with which the City is conducting economic development negotiations and lease negotiations; including the offer of financial or other incentive ( Bissett). BOARD RETURNED TO OPEN SESSION AT 1:38 P.M. Exhibit 3 Following the completion of the Closed Session, the Board will convene in a Regular Session to consider the following: 9. Make a recommendation to City Council regarding using Downtown TIF Number One funds for a 380 incentive for a catalyst project located within the TIF District. Dickenson motioned approval of making a recommendation to City Council regarding using the Downtown TIF Number One funds for a Chapter 380 Incentive Agreement for a catalyst project located within the TIF District by allowing 100 percent abatement of the revenue, maximum of $76,000 per year, generated by the project in the TIF Number One, up to $380,000 cumulative, allowing five to ten years to receive that reimbursement amount. The motion was seconded by Harold Strong and carried unanimously (5 -0). 10. Meeting adjourned at 1:40 p.m. Exhibit 4 MINUTES CITY OF DENTON ECONOMIC DEVELOPMENT PARTNERSHIP BOARD October 14, 2014 After determining that a quorum was present, the Economic Development Partnership Board convened on Tuesday, October 14, 2014 at 11:39 a.m. The meeting was held at the Civic Center Community Room, at 321 E. McKinney St., Denton TX 76207. PRESENT: Virgil Strange, Carrell Ann Simmons, Cleve Breedlove, Jim Fykes, Marty Rivers, and John Gilmer ABSENT: Chris Watts, Greg Johnson, and Neal Smatresk EX- OFFICIO: Present: George Campbell, Jamie Wilson, and Chuck Carpenter Absent: none STAFF PRESENT: Bryan Langley, Jon Fortune, Howard Martin, Aimee Bissett, Christina Davis, Julie Glover, Erica Sullivan, Michelle Cunningham, Adam Gawarecki, Quentin Hix, Mike Grim, William A. Bunselmeyer, Caroline Booth, and Kim Phillips GUESTS: Dr. Tom McCoy, LINT, representing LINT President, Dr. Smatresk, Kevin Roden, and Rob Justice REGULAR SESSION 1. Consider approval of the minutes of the September 9, 2014 meeting. Rivers motioned to approve the minutes of the September 9, 2014 meetings as presented. Gilmer seconded the motion. The minutes were approved unanimously with a vote of 6 -0. Receive a report and hold a discussion regarding an innovation and technology recruitment initiative. Bissett discussed prior action for the innovation and technology recruitment initiative stating that the EDP Board and City Council gave staff direction to consider pursuing the initiative and developing the program in April, 2014 at a joint meeting between them. The recruitment of hi -tech and emerging technology companies, and the support of entrepreneurship and innovation, is one of the new strategies and programs for Economic Development. Since the April meeting, a core group of community stokeholders has been meeting regularly to explore partnership opportunities and the creation of a program to fill the specific need in Denton. This group has included representatives from LINT, the City of Denton, TechMill, and the Dallas Entrepreneur Center, and a variety of interested community members and technology -based business representatives. Some of the program components will include a co- working space and entrepreneur recruitment. Receive a report and hold a discussion regarding the draft Strategic Action Agenda created by DADCO Consulting after the June 2014 economic development strategic planning retreat. Bissett reported that at after the joint meeting in June, the David Dodd, the DADCO Consultant, created the distributed report. The report includes the vision and mission statement and key strategies that the group created at the retreat. A fifth strategy, Targeted Recruitment, was added by staff. Each strategy will be an Action Agenda with an Economic Development staff member as the liaison. Each Action Agenda will identify additional key stakeholders; create and review goals, action plan, and metrics. We would like Action Agenda Teams to present their action plans for the 2015 calendar year at the December Board meeting. Exhibit 4 Economic Development Partnership Board Agenda October 14, 2014 Page 2 4. Staff Reports Bissett Met with the DEC (Dallas Entrepreneur Center) for a tour of their facility in Dallas. Was really impressed with the facility and the activity happening there on a daily basis. Great trip to Austin for lunch with Myra Crownover, had a good conversation with staff regarding Denton. Gawarecki c. Austin marketing trip included a dinner with the Lt. Governor. d. Working with four new prospects and have two coming in for site visits. e. New week will be at IEDC Booth f. Attended Austin trip with Bissett and Mike Grim. Grim g. Attended Austin trip with Bissett and Booth. Already seeing results from that trip. We need to treat them more like clients and hold regular meetings with them. WENT INTO CLOSED SESSION AT 12:17 p.m. Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087, and deliberations regarding Real Property - Under Texas Government Code Section 551.072. Receive a report, hold a discussion, and give staff direction regarding an economic development incentive agreement for a catalyst project, and a lease of real property where a deliberation in an open meeting would have a detrimental effect on the position of the governing body in negotiations with a third party. This discussion shall include commercial and financial information the City has received from the developer which the City seeks to have locate, stay, or expand in or near the territory of the city, and with which the Economic Development Partnership Board is conducting economic development negotiations and lease negotiations; including the offer of financial or other incentive. RETURNED TO REGULAR SESSION AT 12:49 Following the completion of the Closed Session, the Board will convene in a Regular Session to consider the following: 6. Under Section 551 -042 of the Texas Open Meetings Act, respond to inquiries from the Economic Development Partnership Board 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. 7. Meeting adjourn at 12:50 p.m. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON File #: ID 15 -615, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Deliberations Regarding Certain Public Power Utilities Section 551.086. Competitive Matters - Under Texas Government Code, Receive a briefing and information pertaining to certain competitive public power and financial issues regarding Texas Municipal Power Agency ( "TMPA ") on matters including, without limitation: present and future plant operations issues, plant and system expenses, maintenance issues, performance issues, financial issues, reliability issues, planning issues, and any related issues concerning the City's interest in, and its business relationship with the Texas Municipal Power Agency; and discuss, deliberate, and provide Staff with direction regarding such matters. City of Denton Page 1 of 1 Printed on 8/27/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -720, Version: 1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations regarding Real Property - Under Texas Government Code, Section 551.072. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential sale of real property interests owned by the City of Denton located in the G. Walker Survey, Abstract 1330, and Lot 1, Block 1, Lake Dallas Storage Addition, both in Denton County, Texas, and located generally south of F. M. Highway 426 (East McKinney Street) between Mayhill Road on the west and South Trinity Rd. on the east. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests described above as well as issues related to Atmos Pipeline - Texas Lake Dallas Natural Gas Storage Facility and its designation by Transportation Security Administration TSA as critical energy infrastructure impacted by Ordinance No. 2015 -233 where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. ( Atmos Lake Dallas Storage Facility). City of Denton Page 1 of 1 Printed on 8/27/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -785, 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 in the E. Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas, and being generally located in the 900 block of W. Collins Street (Block 4, Hillside Addition, City and County of Denton, Texas). Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. [Eagle Substation] City of Denton Page 1 of 1 Printed on 8/27/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -818, Version: 1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087; and Deliberations regarding Real Property - Under Texas Government Code Section 551.072. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to Orison Holdings and Rail Yard Partners, LTD. and economic development incentives and the acquisition of real property interests in the H. Sisco Survey, Abstract No. 1184, Denton, Denton County, Texas, generally located in the 600 block of E. Hickory. This discussion shall include commercial and financial information the City Council has received from Orison Holdings which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. [ID 15 -819] City of Denton Page 1 of 1 Printed on 8/27/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -826, 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, 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; 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 8/27/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO Legislation Text File #: ID 15 -149, Version: 1 Agenda Information Sheet SUBJECT Blood Cancer Awareness Month City of Denton Page 1 of 1 Printed on 8/27/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON File #: ID 15 -719, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Presentation by Phil Williams, DME General Manager, recognizing the outstanding accomplishments of Denton Municipal Electric's Lineman Rodeo Team at the 19'h Annual Texas Lineman's Rodeo. City of Denton Page 1 of 1 Printed on 8/27/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN Legislation Text File #: ID 15 -741, Version: 1 Agenda Information Sheet SUBJECT LIVE UNITED Month City of Denton Page 1 of 1 Printed on 8/27/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO Legislation Text File #: ID 15 -779, Version: 1 Agenda Information Sheet SUBJECT Denton Dolphins City of Denton Page 1 of 1 Printed on 8/27/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO File #: ID 15 -796, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Sam O'Donnell regarding a petition for a skate park. City of Denton Page 1 of 1 Printed on 8/27/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO File #: ID 15 -795, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Roy Metzler representing the Monsignor King Outreach Center regarding an update and request for funds. City of Denton Page 1 of 1 Printed on 8/27/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO File #: ID 15 -815, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Claudette Fette regarding the Coordinator position for the homeless and associated homeless needs. City of Denton Page 1 of 1 Printed on 8/27/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN File #: ID 15 -618, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Parks and Recreation CM /ACM: John Cabrales, Jr. Date: September 1, 2015 SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the fifth annual Susan G. Komen North Texas Denton Race for the Cure at C.H. Collins Athletic Complex and Long Road, on Saturday, September 26, 2015, from 6:00 a.m. to 11:00 a.m. Amplified sound is needed for public announcements regarding race times and to play music during the event. The exception is specifically requested to increase sound levels from 70 to 75 decibels. Staff recommends approval. BACKGROUND The race is expected to attract 1,500 to 2,000 attendees from Denton County and the surrounding seven counties served by Susan G. Komen North Texas. Amplified music will be played to welcome participants during registration and announcements will be made from the stage prior to race start times and during the celebration of the cancer survivors and attendees. The proposed timeline for the run/walk activities has the race day registration opening at 6:00 a.m. and the Survivor Celebration ending at approximately 10:15 a.m. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council has approved annual requests for variances to the noise ordinance for the Susan G. Komen North Texas Denton Race for the Cure since 2012. FYUIRITC Letter of Request Respectfully submitted: Emerson Vorel, Director of Parks and Recreation Prepared by: Janie McLeod Community Events Coordinator City of Denton Page 1 of 1 Printed on 8/27/2015 S (kOn omen,, NORTH TEXAS July 18, 2015 Janie McLeod, Community Events Coordinator City of Denton Parks & Recreation Department 601 E. Hickory, Suite B Denton, TX 76205 Dear Janie, As discussed, the 2015 Komen North Texas Denton Race for the Cure will take place on Saturday, September 26 at C. H. Collins Athletic Complex (1500 Long Rd, Denton, TX 76207). Race Day registration opens at 6 am and event activities will end at approximately 1lam. Please consider this request for an exception to the City of Denton noise ordinance. The exception to the ordinance is for 75 decibels for the event noted below: 2015 Komen North Texas Denton Race for the Cure September 26, 2 015 - 6 am -11 am C.H. Collins Athletic Complex - 1500 Long Rd, Denton, TX 76207 We thank you for your support. Sincerely, Events Logistics Manager Susan G. Komen North Texas POB 261730 Plano, TX 75026 race@ komennorthtexas.org City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -708, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Parks and Recreation CM /ACM: John Cabrales, Jr. DATE: September 1, 2015 SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the fundraiser, 2015 SunRay's Rodeo, Music and Arts Festival hosted by the Raylyn's Heart Foundation, to be held at the North Texas Fairgrounds October 3, 2015, from 3:00 p.m. to 12 midnight. The exception is specifically requested to increase sound levels from 70 to 75 decibels and for an extension of hours from 10 p.m. to midnight. Staff recommends approval. BACKGROUND The Raylyn's Heart Foundation has requested a noise exception to host a fundraiser, the 2015 SunRay's Rodeo, Music and Arts Festival. Raylyn Stenger was born a beautiful and healthy little girl on October 22, 2012. By December 17, she fell ill with a virus and by January 2, her family was meeting with a heart transplant team at Children's Medical Center in Dallas. In spite of good insurance, the family's out -of- pocket expenses are substantial and ongoing. The event will include a car and bike show, rodeo, vendors, blood drive, face painting, bounce house and a live concert featuring several local performers. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This is a first time event in Denton. Historically, City Council has approved noise exception requests at the North Texas Fairgrounds. EXHIBITS Letter of Request Respectfully submitted: Emerson Vorel, Director Parks and Recreation City of Denton Page 1 of 2 Printed on 8/27/2015 File #: ID 15 -708, Version: 1 Prepared by: Prepared By: Janie McLeod, Community Events Coordinator City of Denton Page 2 of 2 Printed on 8/27/2015 July 30, 2015 The Raylyn's Heart Foundation would like an exception to the noise ordinance. The benefit is set to take place on October Yd 2015. We are at the moment planning to be open from 3pm to midnight. Our benefit is set to take place at the North Texas Fairgrounds in Denton. We are having many activities this day, among them are: Car and Bike Show, Rodeo, Vendors, Blood Drive, Face Painting, Bounce House, and live music featuring only artists with direct ties to Denton. The public's interest will be served by only having vendors and artists from Denton, that is one of our requirements, since we are a local charity, we wish for all to be involved to only be local. The public interest will also be served by becoming aware of what the Raylyn's Heart Foundation is. Thank you for the time. Victor Gann President, Raylyn's Heart Foundation City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN File #: ID 15 -709, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Parks and Recreation CM /ACM: John Cabrales, Jr. Date: September 1, 2015 SUBJECT Consider approval of a resolution allowing the Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 19 -20, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommend approval with a vote of 5 -0. BACKGROUND The Black Chamber of Commerce requests to be allowed to sell alcoholic beverages at the two day Blues Festival held in Quakertown Park. The Black Chamber of Commerce, sponsor of the Blues Festival, will be responsible for obtaining the temporary license and insurance and providing security for the event. They expect to have 5,000 people in attendance to hear conventional Blues with national and local Blues artists performing. RECOMMENDATION Staff recommends approval of the proposed resolution and agreement, which is consistent with previous cosponsored events. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 5, 2014, the City Council approved the sale of alcohol at the Blues Festival under Resolution 2014- 027. The City Council has approved annual requests to sell alcohol at the Blues Festival in Quakertown Park since 2007. The Parks, Recreation and Beautification Board recommended approval with a vote of 5 -0. EXHIBITS 1. Letter of Request from the Denton Black Chamber of Commerce 2. Parks, Recreation and Beautification Board Excerpt of Minutes Dated August 3, 2015 3. Proposed Resolution 4. Quakertown Park Agreement for the Blues Festival Respectfully submitted: Emerson Vorel City of Denton Page 1 of 2 Printed on 8/27/2015 File #: ID 15 -709, Version: 1 Director of Parks and Recreation Prepared by: Janie McLeod Community Events Coordinator City of Denton Page 2 of 2 Printed on 8/27/2015 Exhibit l Jaoic McLeod Communiiy EvenLsCoonjinator CityofDenk,n 60| F. Hickory, SuitcB Denton, TX7b2O5 Robert Flicks Board Member [}car]anie` Sheryi English Board Member Thc Denton Black [homherofCommcoeis requesting the sale o/a|uoho|otMir \7(b&nnuo| Ucuion Q|ucs[cydvu|`whichwill he held September 19-20. 201.5 in the Mark Courts Board Member UuukcUownPurk. Connie Baker Board Member L�at��ur`wrrcqucsioduthrce-y�ar�sc�piivn1o\ lie Noise Ordinance undun iocrcuoc in decibels to 75. The datcewere September 2O-2\`2O\4� September 19-20, 20|5,undSeptember |7-|8`20\6. The Festival is scheduled |o begin ai |:00 pm, and end at |8:3O pm. ou each Saturday. and begin oi \:O0pm. and end atN:30pm.00 Please let ine knov, ii'vou need further hil'Onnation. YOU Can r'cach ine at 2 14-455- 7||O. P.0, Box 9l026—Denton, Texas 7620 Phone (94O) 3&2~9|$0 F'mx(940)3#2^9d05 GmaiL iofo@dcntoobluckobaxnheroqQ Sim rely, mmember the of Texai Awwiation of African American Cu^mo,m^f Ronald LJohnson Commerce �c�rct4r� ��� ��msu�� A member *rthe National Association wr African American Chambers of Commerce P.0, Box 9l026—Denton, Texas 7620 Phone (94O) 3&2~9|$0 F'mx(940)3#2^9d05 GmaiL iofo@dcntoobluckobaxnheroqQ Exhibit 2 PARKS, RECREATION AND BEAUTIFICATION BOARD EXCERPTS OF MINUTES August 3, 2015 CIVIC CENTER COMMUNITY ROOM Members present: Paul Leslie, Alex Lieban, Janet Shelton, Maria Renner, and Tara Mills Members absent: Russ Stukel and Vicki Byrd Staff present: Emerson Vorel, Julie Leal, Jim Mays, John Schubert, and Janie McLeod REGULAR MEETING 1. CALL TO ORDER: Vice Chair Shelton called the meeting to order at 6 :03 p.m. 2. APPROVAL OF THE PARKS, RECREATION AND BEAUTIFICATION BOARD MINUTES of June 1, 2015: Following review, Leslie made a motion to approve; Renner seconded. Motion passed unanimously, 5 -0. June 23, 2015 — Tour of Parks minutes. Following review, Leslie made a motion to approve; Shelton seconded. Motion passes unanimously, 5 -0. 3. AWARDS AND RECOGNITIONS: A. None 4. ACTION ITEMS: Consider making a recommendation to the Denton City Council on the following items: A. Consider a Request from the Denton Black Chamber of Commerce to Sell Alcoholic Beverages at the 17th Annual Blues Festival. McLeod said that the Black Chamber of Commerce has requested to be the sole participant to sell alcohol at the annual Blues Festival held in Quakertown Park on September 19 and 20. Leslie asked if the Chamber will be responsible for providing security and insurance for the event. McLeod responded that the Denton Black Chamber of Commerce handles getting the TABC license, providing security, and insurance for the event. She added that the event has not had any issues in previous years. Renner made a motion to approve the request and Lieban seconded the motion. Motion passes unanimously, 5 -0. sftlegal\our documents\resolutions\l 51blues festival alcohol sell-doc Exhibit 3 A RESOLUTION ALLOWING THE BLACK C14AMBER OF COMMERCE • BE THII SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BLU FESTIVAL SEPTEMBER 19-20, 1 CERTAIN CONDITIONS; AUTHORIZINI THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT r I CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVI DATE. WHEREAS, the City of Denton ("City") is the owner of the Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Blues Festival; and WHEREAS, the Black Chamber of Commerce (called "Chamber") has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Blues Festival September 19-20, 2015; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that the Chamber be the sole participant allowed to sell alcoholic beverages at the Blues Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and Beautification Board; NOW, THEREFORE, SECTION 1. Chamber shall be the sole participant allowed to sell alcoholic beverages at the Blues Festival September 19-20, 2015 at the Quakertown Park upon the following conditions: I They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00; 4. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Blues Festival. Exhibit 3 SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: C:\Users\108214\AppData\oca]\Microsoft\Windows\TemporaT�y Intemet Files\Content,OutlookTU3MD6JM]ues Festival Alcohol Exhibit 3 L Contract. doc QUAKERTOWN PARK AGREEMENT FOR THE BLUES FESTIVAL STATE OF TEXAS COUNTY OF DENTON This Agreement, made this day of ,2015, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and the Black Chamber of Commerce, (called "CHAMBER"). WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I GENERAL The City grants to CHAMBER the exclusive privilege to distribute/sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Blues Festival September 19-20, 2015 to be held at Quakertown Park. This privilege does not extend beyond the date of the Blues Festival for the year 2015. ARTICLE 2 SCOPE OF SERVICES CHAMBER in order to exercise the privilege to distribute/sell alcoholic beverages must perform the following: A. CHAMBER shall be solely responsible for the rental and payment for any booth space necessary for the distribution/sale of alcoholic beverages at the Blues Festival, B. CHAMBER shall be solely responsible to obtain any temporary license and permit necessary for the distribution/sale of alcoholic beverages at the Blues Festival. C. CHAMBER shall be solely responsible for the obtaining and paying for any security necessary for their distribution/sale of alcoholic beverages at the Blues Festival. CHAMBER'S failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of distributing /selling alcoholic beverages at the Blues Festival. Exhibit 3 ARTICLE 3 LOCAL RULES AND REGULATION CHAMBER agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Quakertown Park Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. CHAMBER shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the distribution/sale of alcoholic beverages. CHAMBER will exercise reasonable care and due diligence in their distribution/sale of alcoholic beverages at the Blues Festival. ARTICLE 4 INDEMNITY AGREEMENT CHAMBER shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of CHAMBER or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, CHAMBER shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less that $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-owned property where alcohol will be provided or served. Blues Festival — Page 2 Exhibit 3 C. CHAMBER shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and CHAMBER. In such event, CHAMBER shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CHAMBER: Black Chamber of Commerce Kerry Gorce, Chairman P.O. Box 51026 Denton, TX 76206 To CITY: CITY OF DENTON: City Manager 215 E. McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and (1) exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Blues Festival — Page 3 Exhibit 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, CHAMBER shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL CHAMBER represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY CHAMBER shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit "A" Resolution No. B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas, C. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Blues Festival — Page 4 Exhibit 3 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CHAMBER has executed this Agreement through its duly authorized undersigned officer on this the - day of 2015. CITY OF DENTON, TEXAS GEORGE C. CAMPBELL, CITY -MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY IM APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: BLACK CHAMBER OF COMMERCE is WITNESS: mm Blues Festival — Page 5 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -743, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM/ ACM: Bryan Langley Date: September 1, 2015 SUBJECT Consider approval of a resolution adopting a revised City of Denton Handbook for Boards, Commissions, and Council Committees; and declaring an effective date. BACKGROUND On November 17, 2009, the City Council approved a resolution establishing the Handbook for Boards, Commissions and Council Committees. The purpose of the Handbook is to consolidate basic information regarding boards, commissions, and council committees into one easy and convenient manual and training tool for appointees. The handbook includes information regarding service expectations and limitations, an overview of municipal government, conflicts of interest, the Texas Open Meetings Act, and rules of procedure governing meetings. The following revisions are recommended: • Addition of an overview of municipal governance structure • Requirement for annual general training session (in addition to open government training) for all members Upon approval by the City Council, handbooks will be printed and supplied to the Council and all boards and commission members. In previous years, the City has held a combined training workshop for all incoming board members. This year, in order to maximize the effectiveness of the training program, a brief training session will be scheduled during a regular meeting of each board or commission in lieu of the larger workshop. Outgoing members will also be recognized for their service at this time. RECOMMENDATION Staff recommends approval of the resolution adopting the revised handbook. EXHIBITS Exhibit l: Resolution City of Denton Page 1 of 2 Printed on 8/27/2015 File #: ID 15 -743, Version: 1 Exhibit 2: Revised Handbook for Boards, Commissions, and Council Committees Exhibit 3: Informal Staff Report 2015 -073 Respectfully submitted: Alison Ream Administrative Services Manager City of Denton Page 2 of 2 Printed on 8/27/2015 sAlegal \our documentsVesolutions A 51andbook.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A REVISED CITY OF DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMMITTEES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council hereby adopts a revised City of Denton Handbook for Boards, Commissions, and Council Committees, a copy of which is attached hereto. SECTION 2. This Resolution 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 BY: ........................ CITY OF DENTON HANDBOOK for BOARDS,, COMMISSIONS,, and COUNCIL COMMITTEES 0 0 0 0 0 0 0 0 0 N ill 6 Approval Date — September 2015 TABLE OF CONTENTS Introduction Overview of Municipal Government ................................................... ............................... CityCharter ....................................................................................... ............................... CityCouncil ...................................................................................... ............................... CityManager ..................................................................................... ............................... CityAttorney ..................................................................................... ............................... CitySecretary .................................................................................... ............................... StaffLiaison ...................................................................................... ............................... MembershipInformation ..................................................................... ............................... Appointments.................................................................................... ............................... ServiceLimitations ........................................................................... ............................... Termination of Appointment ............................................................ ............................... Oathof Office ................................................................................... ............................... Orientation and Training ................................................................... ............................... Attendance........................................................................................ ............................... Minutes............................................................................................. ............................... Electionof Officers ........................................................................... ............................... Ethics................................................................................................ ............................... . Communication with City Council ................................................... ............................... Advisors, Subcommittees, and Ad -Hoc Committees ....................... ............................... Additional Guidelines for City Council Committees ........................ ............................... Conflictsof Interest .............................................................................. ............................... Incompatibilityof Office .................................................................. ............................... Appearanceof Conflict ..................................................................... ............................... ConflictsDisclosure .......................................................................... ............................... TexasOpen Meetings Act ................................................................... ............................... What Constitutes a Meeting? ............................................................ ............................... Notice................................................................................................ ............................... OpenSessions ................................................................................... ............................... ClosedMeetings ................................................................................ ............................... Recordsof Meetings ......................................................................... ............................... Penalties and Remedies for Violations of the Act ............................ ............................... OpenGovernment Training .............................................................. ............................... 3 MeetingProcedures ............................................................................ ............................... Roleof the Chairperson .................................................................... ............................... Rulesof Thumb ................................................................................. ............................... ProceduralRules of Order ................................................................ ............................... Whatis a Quorum? ........................................................................... ............................... PublicParticipation ........................................................................... ............................... Boards, Commissions, & Council Committees ................................... ............................... Judicial or Quasi- Judicial Boards ..................................................... ............................... CivilService Commission ....................................................... ............................... Denton Housing Authority Board ............................................ ............................... Health and Building Standards Commission ........................... ............................... Historic Landmark Commission .............................................. ............................... Planning & Zoning Commission ............................................. ............................... ZoningBoard of Adjustment ................................................... ............................... AdvisoryBoards ............................................................................... ............................... AirportAdvisory Board ........................................................... ............................... Animal Shelter Advisory Committee ....................................... ............................... Community Development Advisory Committee ..................... ............................... Downtown Denton Tax Increment Financing Reinvestment Board ....................... Economic Development Partnership Board ............................. ............................... Human Services Advisory Committee ..................................... ............................... LibraryBoard ........................................................................... ............................... Parks, Recreation & Beautification Board ............................... ............................... PublicArt Committee .............................................................. ............................... Tax Increment Reinvestment Zone Number Two ........ ............................... Traffic Safety Commission .................................. ............................... CityCouncil Committees .................................................................. ............................... AgendaCommittee .................................................................. ............................... Audit /Finance Committee ........................................................ ............................... City Council Airport Committee ............................................. ............................... Committee on Citizen Engagement ......................................... ............................... Committee on the Environment ............................................... ............................... Council Appointee Performance Review Committee .............. ............................... Council Ethics Committee ....................................................... ............................... Council Mobility Committee ................................................... ............................... Hotel Occupancy Tax Committee .......................... ............................... Ad Hoc Council Committees ............................... ............................... Local and Regional Committees ....................................................... ............................... CommunityJustice Council ..................................................... ............................... Convention & Visitors Bureau ................................................. ............................... Dallas Regional Mobility Coalition ......................................... ............................... Denton Committee on People with Disabilities ....................... ............................... Lake Ray Roberts Planning & Zoning Commission ................ ............................... Regional Transportation Council ............................................. ............................... Texas Municipal Power Agency Board of Directors ............... ............................... Miscellaneous Boards and Committees ................................... ............................... 4 Appendix Appendix i — Boards, Commissions, and Committees (Chapter 2, Art. III §2 -61 to 2 -84) Appendix ii — Code of Ethics (Resolution No. R2006 -003) ............. ............................... Appendix iii — Rules of Procedure (Chapter 2, Art. II §2 -29) ........ ............................... Appendix iv — Committee Resolution No. R2009 -015; R2011 -009; R2012 -026 ........... Audit/Finance Committee City Council Airport Committee City Council Appointee Performance Review Committee Committee on the Environment Ethics Committee Hotel Occupancy Tax (HOT) Committee Mobility Committee Committee on Citizen Engagement Appendix v — History of Handbook Revisions ................................. ............................... Resolution R2009 -032 — Original approval Resolution R2011 -036 — General revisions approved Resolution R2012 -026 — Established Committee on Citizen Engagement Resolution R2012 -030 — Added process for communication with Council Resolution R2013 -027 - Updated Public Art Committee reporting structure and inclusion of R2012 -026 and R2012 -030 Resolution R2014 -037 — Added TIRZ 42 and 43; amended EDP Board ex- officio membership; added statement regarding Ad Hoc Council Committees � •i INTRODUCTION Congratulations on your appointment to one of our City's boards, commissions or City Council committees! Boards and commissions are essential to the successful function of City government, and your contributions will help shape the future of Denton. You will be studying and recommending policy application on a variety of issues vital to the City's future. The basic duty of each board is to apply City policy as expressed in the City Charter, its Code of Ordinances, and through Council directives to individual circumstances and issues placed before the board. Should a policy or directive require clarification, the board should request such from the Council. The handbook is designed to assist you in your service. It consolidates provisions of the City Charter, Code of Ordinances, and other regulations into one place to assist you as a board member. It will provide a general introduction to topics and processes that directly affect members of boards. Discussion in the handbook applies to all City Council appointed citizen boards and commissions and all City Council committees unless stated otherwise. Throughout the document, reference to "boards" should be interpreted to mean "commissions and committees" as well, unless otherwise stated. Keep in mind, not all the provisions will apply equally to every board. In cases of legal liability, for example, members of some boards may be more susceptible than members of other boards. The staff liaison assigned to your board will be able to provide you with more information on the specific duties and responsibilities of the particular board and its members. While no one document could adequately cover all aspects of serving on a board, the handbook has been designed as a basic reference point from which a board member can build an extensive knowledge of his /her responsibilities to the citizenry of Denton. The handbook has been adopted by resolution of the City Council and will be updated from time to time. If any provision of the handbook is in conflict with any Code or Ordinance of the City, then such Code or Ordinance shall prevail. The City Secretary, City Attorney, and staff liaisons are available as resources to all boards. Any requests for assistance should be coordinated through the staff liaison assigned to the board on which you serve. Thank you for your interest in serving your community. Your efforts will make Denton a better place to live and work. � •i DENTON MUNICIPAL GOVERNMENT City Charter The Denton City Charter was adopted in 1959 and is the basic governing authority of the City. The Charter determines the form of municipal government, the composition and powers of the City Council, and establishes the legal framework necessary for a city to function. The Charter provides for the operation of municipal functions under the council - manager form of government. Under this system, the City Council serve as political leaders and policy makers and retain a professionally trained manager to oversee the delivery of public services. City Council The City Council consists of a mayor and six council members who are elected to serve as the legislative body of the City. Four council members are elected from one of four single member districts. The mayor and two other council members are elected at- large. The mayor and each council member serve two -year terms with a consecutive three full term limit. The mayor, in a council - manager form of government, is one of seven voting members of the Council and serves as the ceremonial head and policy leader. The mayor presides at meetings, serves as a spokesperson to the community, facilitates communication and understanding between elected officials, advocates policy decisions, assists the Council in setting goals, and serves as a promoter and defender of the community. In addition, the mayor serves as a key representative in intergovernmental relations. The council members in this form of government are the leaders and policy- makers elected to represent various segments of the community and concentrate on policy issues that are responsive to citizens' needs and wishes. As a legislative body, the council members are the community decision - makers. They approve the budget and determine the tax rate. The Council focuses on community goals, major projects, and long -term considerations such as community growth, land -use development, capital improvement plans, capital financing, and strategic planning. The City Council appoints the city manager, city attorney and municipal judge. All other employees of the city report to the city manager. Pursuant to the City Charter, the Council is prohibited from giving direction to City staff. The Council gives policy direction to the city manager, who is responsible for its administration and implementation. City Manager The city manager is appointed by the council to serve the community through the professional administration of local government projects and programs. The city manager prepares the budget for the Council's consideration; recruits, hires, and supervises the local government staff; and 9 serves as the Council's chief adviser by bringing forth objective information regarding policy matters. The manager makes policy recommendations to the Council, which the Council may adopt, modify, or reject. City Attorney The city attorney is appointed by the City Council. The City Attorney's Office serves as the legal branch of the City, representing the City's legal interests and rights, providing legal advice, and prosecuting criminal complaints. Among other things, the City Attorney's Office drafts and reviews the City's legal documents and issues legal opinions. City Secretary The city secretary administers the City's board and commission program. The city secretary is also responsible for conducting city elections, preparing and posting City Council meeting agendas and minutes, and maintaining the official records of the City. Staff Liaison The city manager assigns a staff member to work with each board or commission. The staff liaison's role is to: • Prepare meeting agendas, staff reports and supporting information to the commission prior to meetings. • Ensure compliance with the Texas Open Meetings Act. • Prepare board recommendations to the City Council and make presentations to the City Council on behalf of the board. • Respond to board member requests for information related to the business of the board. Board members do not have authority over the work program of city staff. Rather, the liaison acts as an information resource and provides technical assistance. Board and commission members may not direct city staff in the performance of their commission- related activities, nor can they assign projects or direct the work of staff. A board or commission may request staff's assistance on various projects; however, the city manager must approve all requests which create a substantial demand for a work product. 10 GENERAL INFORMATION Appointments Each City Council member is responsible for making nominations for board and commission places assigned to him or her, which corresponds to the City Council member's place. Individual City Council members make nominations to the full City Council for the governing body's approval or disapproval. Council members will consider interested persons on a citywide basis and review an individual's qualifications, willingness to serve, and application information in selecting nominations for service. The City Council will make an effort to be inclusive of all segments of the community and will consider ethnicity, gender, socio- economic levels, and other factors to ensure a diverse representation of citizens. In an effort to ensure maximum citizen participation, council members will continue the practice of nominating new citizens to replace board members who have served three consecutive terms on the same board. Service Limitations Members are usually appointed to a two -year term. Current City policy states that a member can only serve three consecutive terms. A board member who has served three consecutive terms shall not be eligible for reappointment to that same board for a period of one year. Termination of Appointment A member's appointment to a board can be terminated by written resignation from the member or by action of the City Council. Oath of Office Board members are required to take one or more oaths of office. Consult the City Secretary's office to make sure you have taken and signed such oaths before serving as a board member. Orientation and Training Board members are required to participate in an annual training session provided by the City Secretary's Office. These training sessions will be scheduled as a regular agenda item by your board's staff liaison. Members are also required to complete open government training through the Texas Attorney General's Office. Training is available online at www.texasattomeygeneral.gov. Upon completion of training, members must submit a completed certificate to the city secretary. Attendance' You, as an interested and informed citizen, are essential to effective local government. Because your viewpoint is so valuable to the City Council members, they take your appointment, attendance, and involvement on a board very seriously and ask that you do also. ' Not applicable to City Council committees. 9 The Council is aware that board members have careers and other responsibilities that demand their time. However, because of the importance of citizen boards, the City Council asks that each new board member make every effort to attend all meetings of the board and notify the staff liaison of their board in advance if they will be unable to attend a board meeting. Per §2 -83(c) of the Code of Ordinances of the City of Denton (appendix i), an excused absence shall include personal or family illness, death of a family member, jury duty, service in the armed forces, testifying before the legislature, attending a seminar involving municipal matters of importance to the member's duties, absence necessary for the member's business or employment, and any related emergencies or other matters which the board finds qualifying as an excused absence. Per §2 -83 (c) Code of Ordinances, the unexcused absence of any board member from more than three regularly called and scheduled meetings of the board of which he is a member in any one year or lack of attendance at 50 percent of the number of regular meetings in a year, shall be considered "cause," as that term is used in §14.16 of the Charter of the City of Denton for removal of said member by the City Council from such board. In the event that a board member violates the above attendance policy, the staff liaison shall notify the City Secretary. The City Secretary will contact the member in writing and ask the board member to make a decision about whether their current schedule will allow continued service. The letter will encourage the member to submit a letter of resignation to the City Secretary if the board or commission member feels their schedule will not allow continued service. The attendance of all members shall be recorded by the staff liaison and forwarded to the City Secretary on a quarterly basis. Minutes The staff liaison will provide a staff member at the meeting of each board to take minutes of each meeting in a form consistent with City Council meeting minutes as prescribed by the city secretary to reflect an accurate record of business transacted at the meeting. Minutes of the meeting will be submitted for approval by the members present at the next meeting with revisions, corrections, or amendments being made at that time. The approved minutes shall be forwarded to the City Secretary's office on a quarterly basis. For retention purposes, all agendas and minutes shall be digitized and saved by the end of each calendar year. Election of Officers Procedures for the election of officers for appointed boards are established to ensure consistency with the City Council's goals and policies in making board appointments. Except where 12 otherwise provided by state law, federal law, City Charter, or City ordinances or resolutions, election of officers for City of Denton council - appointed boards will be as follows:' • The chair and vice -chair will be elected by voting board members. • Election of officers shall be annually as soon as practicable after the annual appointment process. If, for any reason, the chair or vice -chair vacates their seat, a special election should be held to fill the unexpired term. A temporary chair may be selected by the board pursuant to Roberts Rules of Order. • The staff liaison, designated by the City Manager, shall serve as the official secretary to the board or commission to ensure records are maintained in accordance with requirements of the City Secretary's office. • The City Council shall reserve the right, as deemed necessary in individual instances, to appoint the chair and vice -chair for any special issue or temporary advisory committees. If the City Council chooses not to make the appointment for chair and vice - chair, then the procedure outlined in this policy will apply. Questions regarding the election of officers should be directed to the city attorney through your staff liaison. Ethics Pursuant to Resolution No. R2006 -003, the City Council has adopted an ethics policy that applies to all council members and appointed city officials, including board and commission members. Note the ethics policy lists some state penal laws that may be applicable to members. A copy of the policy is included in the appendix section of this handbook. Please consult the city attorney with any questions about the policy. Communication with City Council In accordance with Resolution R2012 -030, upon consensus of a board or commission, such board may request that staff propose questions regarding public policies or prepare policy statement recommendations regarding a matter that clearly falls within the scope and purpose of the board. Such policy recommendations or questions, once approved by a majority of the board or commission, will be forwarded to the City Council for their response or consideration as the Council determines appropriate. Boards and commissions may provide an annual or more periodic report to the City Council as appropriate outlining their activities, accomplishments, projects, and initiatives. Content of the report may be customized by each board. Such reports will be forwarded to the entire City Council upon approval of the majority of the board. 2 Check with staff liaison for special rules that apply to your board. 13 Advisors, Subcommittees, and Ad Hoc Committees No City board shall appoint persons outside its membership as advisors or to subcommittees, ad hoc committees, or other accessory entities without prior approval of the City Council. Additional Guidelines for City Council Committees • Committees will generally be formed by resolution which will provide for the committee's membership, election of chair and vice chair, and purpose. • No more than three Council members shall serve on any committee. • Council committee meeting agendas will be posted in accordance with the Open Meetings Act, Chapter 551 of the Texas Government Code. The Open Meetings Act requires committee meeting agendas must be publicly posted at least 72 hours in advance of the meeting. Only items posted on the agenda may be discussed and /or action taken during the committee meeting. • The committee may convene into closed session in compliance with the Open Meetings Act. • Robert's Rules of Order pertaining to small assemblies may be consulted regarding the conduct of the committee meetings. • A quorum of the committee members must be present to hold a committee meeting or to take committee action. A quorum is considered to be more than half of the Council committee members. • Each member of the committee shall have one vote and members must be present to cast a vote. • A draft of meeting minutes shall be sent to all committee members within two weeks. Such draft may be distributed to the City Council upon direction of the City Manager. Minutes will be submitted for approval by the members present at the next meeting with revisions, corrections, or amendments being made at that time. However, the chair may direct the draft minutes be shared with the entire City Council when the information regarding the action of the committee is needed to conduct official business and the draft minutes have not been officially approved by the committee. • The acts of the majority of the members present at the meeting are the acts of the committee. 14 CONFLICTS OF INTEREST The State's conflict of interest law, Chapter 171 of the Texas Local Government Code, although only applicable to officers of the City, has been made applicable to all board members, whether advisory or governmental, by Denton's Charter. However, the penal provisions of Chapter 171 are not applicable to advisory board members. Chapter 171 requires a board member with substantial interest in a business entity or real property to file an affidavit with the staff liaison and abstain prior to a vote or decision on any matter involving the business entity or real property if the action on the matter will have a special economic effect on the business entity distinguishable from the effect on the public, or if it is foreseeable that the action on the matter will have a special economic effect on the value of the real property, distinguishable from its affect on the public. For example, the Attorney General has opined that a special economic effect on the value of real property distinguishable from the affect on the public exists when a P &Z board member has an interest in real property located within 200 feet of property being rezoned. However, the AG made it clear that these evaluations are highly fact intensive. Ask yourself the question, will this action before my board affect the value of my real property in a manner that is different from public at large? You have a substantial interest in a business entity (non - profit or government entity is not a business entity) if- You own 10 percent or more of the voting shares of the business entity or own either 10 percent or more or $15,000 or more of its fair market value; or 2. You received funds from the business entity exceeding 10 percent of your gross income for the previous year. You have a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. You have a substantial interest if your close relative (within the first degree of consanguinity and affinity) has a substantial interest. A violation of Chapter 171 is a Class A misdemeanor. If you think you have a Chapter 171 conflict contact the staff liaison prior to the meeting to make arrangements for the signing of the required affidavit. The affidavit must be signed prior to the item being considered. You should announce that you have a conflict at the meeting and excuse yourself from the room while the item is being considered. You should not participate on the matter, including contacting members of the board or staff concerning the matter. However, if you have any questions whether you have a Chapter 171 conflict, consult the City Attorney's office. Incompatibility of Office 15 The common law doctrine of incompatibility of office prohibits you from holding two conflicting public offices. This only applies to governmental board members. You cannot hold another public office that conflicts with your duties with the board. Because this is very fact sensitive, you should consult with the City Attorney's office if you hold another public office. You should do this prior to being sworn in as a governmental board member, as your acceptance of the governmental board appointment may result in the automatic forfeiture of your other public office. Appearance of Conflict There are times you will have a perceived conflict of interest even though it is not a conflict that is prohibited by law. In those cases you should make a judgment call as to whether you should abstain from the matter. The City's Ethics Policy states: "I will act with integrity and moral courage. I will be absolutely truthful. I will make impartial decisions that are free of bribes, unlawful gifts, narrow political interests and other personal interests that might impair my independence of judgment. I will always decide what is best for the whole city..." If you think the perceived conflict affects your ability of independent judgment or there is a strong appearance that you lack the ability to divorce yourself from the perceived conflict in making a decision, you should carefully consider whether abstention is appropriate. Often, these are difficult judgment calls for which there are no absolute right answers. In making your decision, you should weigh the harm of participating against your general duty to serve on the board. You have a duty to participate and vote on all matters that come before the board, unless you have a conflict or you lack information to decide the issue. Do not hesitate to consult with the City Attorney's office for guidance. Chapter 176 Conflicts Disclosure Chapter 176 of the Texas Local Government Code requires you to file a Conflicts Disclosure Statement ( "CIS ") with the City Secretary if you or your family member (a) has an employment or business relationship with a City contractor or vendor that results in taxable income, or (b) received or accepted one or more gifts from a city Contractor or vendor (excluding gifts of food, lodging, transportation, or entertainment accepted as a guest) with an aggregate value of $250 in the preceding 12 months. You are required to file the form within seven days after you become aware of the relationship with the City. The CIS is signed under penalty of perjury and it is a Class C misdemeanor to fail to timely file the form. However, it is a defense to prosecution if you file the CIS not later than the seventh day after you receive notice of violation. Therefore, you have two chances to comply. 16 TEXAS OPEN MEETINGS ACT By City Council rule, all boards must comply with the Texas Open Meetings Act. The Act generally provides that meetings of a governmental body shall be public, although there are a few exceptions whereby a decision - making body may deliberate in a closed meeting. Written notice must be given of dates, times, and locations of all meetings. Minutes of each meeting must be taken and a record of votes and decisions kept as public record. There are criminal penalties for holding an unauthorized closed meeting for boards with decision - making authority. It is important that when more than two members are in any given place where City business is being discussed, the meeting should be posted as a precautionary measure to avoid the accusation of attempting or conspiring to conduct City business in private. It is also very important that the board limit discussion during meetings to only those items listed on the posted agenda. Conversation or action on items not posted on the agenda would also be considered a violation of the Act. The Open Meetings Act does not apply to purely social gatherings, conventions, or workshops such as Texas Municipal League events. Any specific question or issues should be referred to the City Attorney's office, through the staff liaison. Open Meetings Act The Open Meetings Act (hereinafter called the "Act ") is located in Chapter 551 of the Texas Government Code. The Act generally provides that meetings of a board shall be public. There are exceptions to this general rule, as will be discussed. It also requires that the public be given notice of the time, place, and subject of such meeting. It is important to remember when considering the Act's requirements that compliance with its provisions is mandatory, not discretionary. What Constitutes a Meeting? A. Definition of Meeting A board becomes subject to the Act when it conducts a meeting. A meeting is "a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action." It also includes "a gathering: (i) that is conducted by the governmental body or for which the governmental body is responsible; (ii) at which a quorum of members of the governmental body is present; (iii) that has been called by the governmental body; and (iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control." The definition specifically includes a session of a board. The term "deliberation" is important to define what a meeting is under the Act. Deliberation is "a verbal exchange during a meeting between quorums of a governmental body, or between a 17 quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body or any public business." Included in the meaning of a verbal exchange is written and non - spoken communications. B. Social Gatherings The Act specifically excludes informal or social functions from the definition of meeting. However, if a quorum of a board assembles in an informal setting, it will still be subject to the requirements of the Act if the members engage in a verbal exchange about public business or policy. Therefore, it is important for members of a board to be cautious about the topics of conversation at social gatherings where a quorum of the body is present. C. Employee Briefings Prior to 1999, the Act permitted a board to have briefings by third parties or employees outside of open session. However, the 76h Legislature repealed that provision. The definition of "meeting," as restated above, was amended to specifically include such briefings. Now, a board will be subject to the Act during briefings, even if no deliberations occur. Further, a board may be subject even during public comment sessions of meetings. D. Telephone and Videoconference Meetings Telephone meetings do not comply with the Act. It is considered a secret deliberation, which is not permitted. There are very limited emergency cases whereby it could be conducted. However, any such telephone conferencing should never be conducted without consulting the City Attorney's office. Videoconferencing is allowed only in limited circumstances, and consultation with the City Attorney's office should occur before videoconferencing is considered. Notice A. Content The Act specifically requires that before a meeting of a board is conducted, written notice of the date, hour, place, and subject matter of the meeting must be properly posted. The content of the notice must be sufficient to apprise the general public of the subjects to be considered at the meeting. Compliance with this provision is often very fact specific. Therefore, it is recommended that the board work closely with the staff liaison and the City Attorney's office when posting the subject matter of each proposed meeting in order to ensure compliance. B. Place of Posting The Act provides for specific places to post the notice of a meeting, depending on the type of governmental body. For municipal governing bodies, notice should be posted on a bulletin board 18 at a place convenient to the public in the City Hall. Additionally, the City Council agenda must be posted on the City's website. The staff liaison to the board will be able to properly place the notices. C. Time of Posting The notice of a meeting of a board must be posted in a place readily accessible to the general public at all times at least 72 hours before the scheduled time of the meeting. There are very few emergency exceptions to this rule. In cases of emergency or urgent public necessity where there is an imminent threat to public health or a reasonably unforeseeable situation, a two -hour posting is permitted. The notice must clearly identify the emergency or urgent public necessity. A determination that an emergency exists is subject to judicial review. Before any deviation from the "72 Hour Rule," the City Attorney's office should be consulted. D. Recess in a Meeting A board may continue a meeting from one day to the next day without reporting. However, notice must be reposted if a meeting is continued to any day other than the one immediately following the posted meeting day. Open Sessions A. Convening the Meeting A meeting may not convene unless a quorum of the board is present in the meeting room. This rule applies even if the members of the board plan to go into closed meeting after convening the meeting. This applies the general rule that the members of the public are entitled to know what members are present for the closed meeting and if a quorum is present. B. Rights of the Public An "open meeting" is one that the public is permitted to attend. However, the Act does not entitle the public to choose items to be discussed or to speak about agenda items. The public or any of the board members may raise a subject not included in the agenda, but the discussion must be limited to a proposal to include that item on the agenda for the next meeting. Moreover, the public has a right to tape or record any open meeting. However, the board has the right to regulate the placement of equipment and the manner in which the meeting is being recorded. C. Public Comment A board may give members of the public an opportunity to speak at a public meeting. If such a public comment period is permitted, the board may set reasonable limits on the number, frequency, and length of the presentations before it. However, it cannot unfairly discriminate 19 among speakers for or against a particular point of view. Moreover, many quasi-judicial boards are bound legally to permit certain citizens to speak on specific agenda items that relate to the citizen's property. Because such a period is included in the definition of a meeting, it must be posted in the notice of the meeting. The term "public comment" does provide sufficient notice of one of these periods when no deliberation occurs among the board. However, if any of the members of the board or its employees have prior knowledge of the subject matter to be commented on by the public, the item to be discussed must be specifically posted on the notice. D. Final Actions The general rule is that a final action, decision, or vote on a matter deliberated in either an open session or a properly conducted closed meeting (discussed below) may only be made in an open meeting that is held in compliance with the Act. Therefore, a board may not vote with a secret ballot or take action by a written agreement without a meeting. The general rule is that if the board has the authority to make a decision or take an action, the board should act in open session. The only exception to this rule is a closed meeting for the purpose of discussing competitive matters of a public utility, which will be discussed below. Closed Meetings A. Overview There are a few exceptions listed within the Act, whereby a board may deliberate in a closed meeting. It is important to remember that pursuant to City policy, if a board of the City of Denton wishes to conduct a closed meeting, the City Attorney's office must be consulted to avoid any violations of the Act. Before a closed meeting may be conducted, a quorum of the board must convene in open session, and the presiding officer must announce that a closed meeting will be held and then identify the section(s) of the Act under which the closed meeting will be held. The posted agenda must also state the specific provisions of the Act under which any closed meeting will be held and a general statement as to the topic to be discussed. B. Provisions Authorizing Closed Meetings Listed below are the most common exceptions available to boards. It is important to remember that the Act will not permit a closed meeting in cases where the City's Charter or another law requires it to be open. 1. Section 551.071: Consultations with Attorney This section allows a board to consult with its attorney in a closed meeting to seek his or her advice on legal matters. This section is often invoked in order for a board to consult with its attorney regarding pending or contemplated litigation. However, it may be held to discuss other legal matters. A discussion under this exception may relate only to legal 20 proceedings or legal matters. General discussion of policy, unrelated to legal matters, is not permitted under this exception. 2. Section 551.072: Deliberations about Real Property This section permits a board to deliberate the purchase, exchange, lease, or value of real property in closed meeting. However, this will only be allowed in closed meeting when public discussion of the subject would have a detrimental effect on the board's negotiation position with respect to a third party. It does not allow the board to make a deal in private, without public input or debate. 3. Section 551.073: Deliberations about Gifts and Donations This section permits a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the governmental body. However, this is only allowed if deliberation in an open meeting would have a detrimental effect on the position of the board with a third party as explained above. 4. Section 551.074: Personnel Matters This section permits a closed meeting to deliberate about officers and employees of the board. It is important to note the primary interest protected by this section is the protection of the reputation of the individual officer or employee under consideration. Moreover, this section only permits deliberation in closed meeting on individual officers or employees. Discussion about a class of employees must be conducted in open session. Also, the public officer or employee that is the subject of the meeting may request that session occur in a public hearing. 5. Section 551.075: Deliberation about Security Devices This section permits a closed meeting to deliberate the deployment, or specific occasions for implementation of security personnel or devices. 6. Section 551.086: Competitive Matters of Certain Public Power Utilities This section permits certain boards of public power utilities to deliberate, vote, or take final action on any competitive matter related to the utility in closed meeting. A competitive matter is defined as: "a utility- related matter that the public power utility governing body in good faith believes is related to the public power utility's competitive activity, including commercial information, and would, if disclosed, give advantage to competitors or prospective competitors but may not be deemed to include" several categories of information specifically set out in the Act. Further, notice of the subject to be discussed in the session is required to contain no more than a general representation of the subject matter. 21 7. Section 551.087: Deliberation about Economic Development Negotiations This section permits a closed meeting to deliberate commercial or financial information the board has received from a business prospect that it seeks to have locate, stay, or expand in or near the territory of the board and with which it is conducting economic negotiations, or deliberating about a offer of an incentive to such a business prospect. Records of Meetings The Act requires that minutes or a tape recording be kept of each open meeting. These shall be considered public information. Moreover, during a closed meeting, either a certified agenda or tape recording of the session must be kept. The records kept for the closed meeting are considered confidential information and may not be released unless ordered by a court. Penalties and Remedies for Violations of the Act A. Voidability of a Boards Actions If any action by a board violates any provision of the Act, that action is voidable. This means that any interested party may challenge an action of the board in court. If a court finds a violation of the Act occurred, it might declare the particular action by the board is void. A board that has taken action that violates the Act may meet again and validly authorize that action at a meeting where the public has received adequate notice. However, this action is generally effective only from the date of the new meeting and only if the new meeting complies with the Act. B. Mandamus, Injunction, or Declaratory Judgment The Act provides that any interested person, including a member of the news media, may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of the Act. To enforce provisions of the law, a court may require a public official to perform duties imposed on him by law by issuing a writ of mandamus. A mandamus commands the doing of an act, whereas an injunction is issued to restrain an act. Courts have also allowed parties to bring a declaratory judgment action. In this type of proceeding, a court would be authorized to determine the rights, status, duties, and other legal regulations of various persons, including the public officers. Thus, a court may determine the validity of a board's actions under the Act in such a proceeding. Furthermore, the Act provides that a court may award reasonable attorney fees and litigation costs to the party who substantially prevails in an action brought under the Act. This relief is not mandatory, but rather up to the court. Further monetary damage may be awarded against a board that violates the Act if a court finds the action caused direct monetary damage to the aggrieved party. 22 C. Criminal Provisions • very important issue to note is that the Act does provide for criminal penalties for violations • member or group of members of a board commits a criminal offense if they knowingly conspire to circumvent the Act by meeting in numbers less than a quorum for the purpose of secret deliberations. A member of a board commits an offense if a closed meeting is not permitted by the Act and the member knowingly: (1) calls or aids in calling or organizing the closed meeting, whether it is a special or called closed meeting; (2) closes or aids in closing the meeting to the public, if it is a regular meeting; or (3) participates in the closed meeting, whether it is a regular, special, or called meeting. It is an affirmative defense if the member acted in reasonable reliance on a court order or a written interpretation of the Act contained in an opinion of a court of record, the Attorney General, or the attorney for the board. Also, a member of a board commits an offense if the member participates in a closed meeting knowing that a certified agenda of the closed meeting is not being kept or a tape recording of the meeting is not being made. Another offense is committed when any person, corporation, partnership, without lawful authority, knowingly disclosed to the public the certified agenda or tape recording of a lawfully closed meeting. Penalties for violation of the Act are a misdemeanor offense, punishable by a fine of not less than $100 or more than $500 and /or confinement in the county jail for not less than one month or more than six months. Open Government Training The City of Denton requires all board members to complete open government training through the Texas Attorney General's Office. Training is available online at www.texasattomeygeneral.gov. Upon completion of training, members must submit a completed certificate to the city secretary. Please contact the city secretary or city attorney for specific questions about open meetings requirements. 23 24 PROCEDURES FOR CONDUCTING A MEETING The City Council has formally adopted rules of procedure that govern the proceeding of City Council, board, and commission meetings, except where these rules are silent. In that case, the most recent edition of Robert's Rules of Order shall govern. The rules of procedure also address the code of conduct and participation guidelines for citizens, staff, and board members. A copy of the rules of procedure is included in the appendix section of this handbook. Role of the Chairperson The function of the chairperson is to provide leadership to the group in the following ways: I. To maintain order by enforcing the established rules, and 2. To ensure the meeting proceeds smoothly and follows the agenda. If the group is indecisive, the chairperson should exercise leadership and make suggestions. When debate is concluded, the chairperson should summarize the major points made. In general, the chairperson should maintain order and try to bring the group to a conclusion on matters before it. To facilitate the chairperson's duties, staff should always provide copies of the agenda to all board members before the meeting. Agendas should also be provided to any members of the public in attendance. The agenda should be prepared by the staff liaison assigned to work with the board. Rules of Thumb Here are a few obvious points that should be followed, but are often forgotten: I. The chairperson should recognize the person or persons who wish to speak and only they should be allowed to speak. Others should hold their comments until they have the floor. 2. Discuss only one point at a time. 3. If the meeting is a public hearing, the board should hear the public without making comments until questions are allowed by the chairperson. 25 Procedural rules of Order NOTE: While this review of parliamentary procedures has been designed to cover the most common situations a board member may encounter during the course of a meeting, these procedures may not always apply. They may be superseded because of legal constraints if the meeting is a public hearing. However, these basic procedures are usually acceptable during most meetings. Answers to complicated procedural questions can be found in Robert's Rules of Order. 1. Making a motion — Before discussion of an issue by board members, a motion should be made and seconded. The making of a motion normally occurs following a presentation or description of the issue by a staff member or chairperson. After the motion is made and seconded, debate can be conducted. Example of the proper form of a motion is: "Mr. /Madam Chairperson, I move the following..." 2. Amending a motion — Any motion may be amended as follows: "Mr. /Madam Chairperson, I move that we amend the motion by adding, deleting, etc. the following..." The amendment must be seconded before discussion can ensue. When discussion ends, the amendment is voted on first. If the amendment passes, the original motion is then put to vote as amended. If the amendment fails, the original motion is put to a vote. 3. Change by a Substitute Motion — Another way to change an original motion is by use of the substitute motion. A substitute motion is simply an amendment that changes an entire sentence or paragraph. It must be seconded before discussion can take place. It may be amended and differs only from an amendment in that if the substitute motion passes, it eliminates the original motion. 4. Table a Motion — This motion is used to lay something aside temporarily to take care of a more urgent matter. It should not be used to prevent debate or to kill a question. To table an item requires a motion and a second. A vote is immediately taken without discussion. Once it has been decided to table an item, such item cannot be brought up again until the board votes to do so by a motion to "Take from the Table ", which must receive an affirmative vote. Once removed from the table, the item can be discussed and voted upon. A question laid on the table remains there until taken from the table or until the close of the next regular meeting; if not taken up that time, the question dies. 5. Postpone a Motion — Another method of delaying a decision on a matter is to postpone to a certain day, or to a certain event with a reasonably definable date, the consideration of a motion. This is accomplished by simply making a motion to postpone consideration of the motion until a definite future date or event and having it seconded. The motion to postpone is then open for discussion. Following discussion, a vote is taken. A motion to postpone indefinitely is a parliamentary strategy which allows members to dispose of a question without making a decision for or against. 26 6. Point of Order — Any time a member feels an incorrect procedure is being used, the member can interrupt with a point of order request which requires the chairperson to decide the correct procedure. 7. Suspension of the Rules — Occasionally, board members may want to discuss a business item without the constraints of any rules. Unless the by -laws require otherwise, a two - thirds (2/3) vote of the members is needed to suspend the rules. This motion is not debatable and must be voted on upon being seconded. What is a Quorum? A quorum is the minimum number of members needed to officially conduct business. The quorum may be set by state law, the City Charter, the board's by -laws, or Robert's Rules of Order. Generally, a quorum is a majority of the members of a board or committee unless a different quorum is fixed by by -laws or by rule of the parent body. Approval of an action, except as otherwise provided by law, rule or regulation, requires a majority vote of persons legally entitled to vote, excluding abstentions, at a meeting at which a quorum is present. Public Participation The rules of procedure accommodate public comment on agenda items and public hearings. Members of the public may sign up to speak on regular agenda items by signing up with the recording secretary. Members of the public are also able to speak on items posted as a public hearing. Speakers generally have four minutes to address the board regarding the specific item. Further information regarding public participation may be found in the rules of procedure in the appendix section of this handbook. 27 28 BOARDS, COMMISSIONS & COUNCIL COMMITTEES I. JUDICIAL OR QUASI- JUDICIAL BOARDS (Governmental Board Members) Boards that use decision - making powers apply particular regulations to specific facts to make judgments or decisions on matters within their jurisdiction. The following six board /commissions are judicial or quasi-judicial boards, those that administer particular ordinances or regulations. Civil Service Commission • Established by Chapter 143 of the Texas Local Government Code. • Membership: Three members appointed by City Manager and confirmed by City Council. • Purpose: Ensures compliance with Chapter 143 of the Texas Local Government Code governing police and fire. The duties of the Commission include approval of eligibility hiring lists and holding hearings, upon appeal, on matters of promotions, performance, reclassifications, and other civil service issues. Denton Housing Authority Board • Established by Chapter 392 of the Texas Local Government Code. • Membership: Five members appointed by the Mayor. • Purpose: Prepares, acquires, leases, and operates housing projects. The Board also investigates housing conditions to determine when and where an economically depressed neighborhood exists, identifies revitalization areas, and provides accommodations for persons of low income. Although appointed by the Mayor, the Housing Authority Board operates independently from the City of Denton. Health and Building Standards Commission • Established by §2 -261 of the Code of Ordinances. • Membership: Seven members appointed by the City Council with two alternates • One (1) general contractor • One (1) architect or engineer • One (1) person from the plumbing industry • One (1) person from the electrical industry • Two (2) individuals who are assocated with the construction, development, or real estate industry • One (1) additional member 29 Ex- officio — city building official. • Purpose: Hears and decides appeals of orders, decisions or determinations made by the Building Official, Code Official, or Fire Marshal made pursuant to Chapters 13, 14, 17, 28 and 29 of the Code of Ordinances; makes reasonable interpretations or rulings in matters properly before it pursuant to Section 2 -460. Historic Landmark Commission • Established by §35.4.3 of the Denton Development Code. • Membership: Nine members appointed by the City Council, including at least one (1) representative from each of the following organizations or professions: • County historical commission • County bar association • Architect • Certified public accountant • Owner of real property in the city Ex- officio — Director of Planning, City Building Official, Chairman of the County Historical Commission. • Purpose: Recommends to the Planning & Zoning Commission and City Council those buildings, structures, sites, districts, and areas in the city that the Commission has determined should be preserved and designated as historic landmarks. The Commission also regulates design review for designated properties and districts. Planning & Zoning Commission • Established by § 10.02 of the City Charter; also referenced in Denton Development Code, Section 35.4.1. • Membership: Seven members appointed by the City Council. • Purpose: Makes decisions or recommendations to the City Council regarding the Comprehensive Plan, Development Code, zoning regulations, long -range planning, zoning changes, platting, and other development- related policies as required or permitted by State law or Council policy. Zoning Board of Adiustment • Established by § 10.07 of the City Charter; also referenced in Denton Development Code, Section 35.4.2. • Membership: Seven members and three alternate members appointed by the City Council. 30 • Purpose: Provides a vehicle for citizens to appeal zoning interpretations and decisions of the Building Official, and request variances from the zoning and sign regulations in the Denton Development Code. The Board may also make final decisions regarding changes, the reestablishment, or termination of nonconforming uses within the city. 31 IL ADVISORY BOARDS Advisory boards advise or make recommendations to a person or the City Council and have no final decision - making authority. The following bodies serve in an advisory function: Airport Advisory Board • Established by §3 -2 of the Code of Ordinances. • Membership: Seven members appointed by the City Council. • Purpose: Serves in an advisory capacity to the City Council on matters relative to airport safety, flight and ground operations, safety and security issues arising from the creation and development of long -term master plans; tenant/stakeholder outreach; the Airport Business Plan and the Airport Master Plan; airport infrastructure improvement or other major projects impacting the airport; grant funding for the airport; and long term financial planning and budgetary issues affecting the airport. Animal Shelter Advisory Committee • Established by §823.005 of the Texas Health & Safety Code. • Membership: Seven members appointed by the City Council, composed of at least: • One (1) licensed veterinarian • One (1) county or municipal official • One (1) person whose duties include the daily operation of an animal shelter • One (1) representative from an animal welfare organization • Purpose: Assists the City in complying with the provisions of the Animal Shelter Act and makes recommendations to the City Council regarding methods and procedures necessary to ensure compliance with the Act. Community Development Advisory Committee • Established by Resolution passed by the City Council on September 19, 1978. • Membership: Nine members appointed by the City Council. Ex- officio — City Manager, or his designee. • Purpose: Holds public hearings and makes decisions regarding the expenditure of federal Community Development Block Grant and Home Investment Partnership Program monies. Downtown Denton Tax Increment Financing Reinvestment Zone Board • Established by Ordinance 2010 -316 32 • Membership: Seven members: two are City Council members, two are either property owners of property located within the Tax Increment Reinvestment Zone or residents whose primary residence is located within the Tax Increment Reinvestment Zone, two are either business owners of businesses located within the Tax Increment Reinvestment Zone or members of the Denton Chamber of Commerce Board of Directors, and one a qualified voter of the City of Denton. • Purpose: Makes recommendations to the City Council concerning the administration of the Zone; prepares and adopts a project plan and Tax Increment Financing Reinvestment Zone financing plan for the Zone and submits the plans to the City Council for approval; prepares, implements and monitors such project and financing plans for the Tax Increment Financing Reinvestment Zone as the City Council considers advisable including the submission of an annual report on the status of the Zone. Economic Development Partnership Board • Established by §2.251 of the Code of Ordinances. • Membership: Eleven members: two from City Council at the time of their original appointment, two from the Chamber Board of Directors at the time of their original appointment who reside or work in the city, two who are employed by a top 20 City of Denton ad valorem or sales tax payer and who reside or work in the city, the president of UNT or his /her designee who does not have a city residency requirement, a member with knowledge or experience in general aviation - related matters with no financial interest at the Denton Municipal Airport and who resides or works in the city, and a citizen of Denton with specific knowledge skills and abilities to assist in the functions of the Economic Development Partnership Board. With the intent to enhance the diversity of the Board, one nominee shall be a representative nominated by the Black Chamber Board of Directors and one nominee shall be a representative nominated by the Hispanic Chamber Board of Directors. If a nomination is not made by either one of these Boards, the Committee and the City Council shall consider the racial, ethnic, and gender diversity of the Board as well as the knowledge, skills, and abilities of the nominees to assist in all or any one of the functions of the Economic Development Partnership Board when making selections. These members must reside or work in the City of Denton. To aid the City Council in making appointments to the Board, the City Council will appoint two City Council members and one Chamber of Commerce member to act as a nominating committee. After evaluating the recommended nominees, the committee will present to the City Council a slate of Board nominees for City Council approval. Ex- officio — City Manager, or his designee, Chamber President and Superintendent of Denton Independent School District. • Purpose: Provides economic development policy guidance and makes recommendations to the City Council and Chamber of Commerce; reviews, considers and makes recommendations to the City Council regarding Airport Branding and Marketing to support 33 the implementation of the Denton Airport Business Plan; reviews, considers and makes recommendations to the City Council regarding Denton Municipal Airport incentive policies as assigned by the City Council or requested by the City Manager; and acts as a recommending body to the City Council for specific airport economic development incentives as assigned by the City Council or requested by the City Manager and permitted by City and State law. Human Services Advisory Committee • Established by § 14 -61 of the Code of Ordinances. • Membership: Eleven members appointed by the City Council. Ex officio — City Manager, or his designee. • Purpose: Serves in an advisory capacity to encourage continuous evaluation of the human services delivery system and to recommend actions and funding to the City Council regarding City of Denton human services. Library Board • Established by §2 -176 of the Code of Ordinances. • Membership: Seven members appointed by City Council. • Purpose: Serves in an advisory capacity to the City Council to recommend policies, rules, and regulations for the operation of the library system. The Board also provides citizen input to the City Council and recommends fees for Council consideration. Parks, Recreation and Beautification Board • Established by § 11.02 of the City Charter. • Membership: Seven members appointed by the City Council. • Purpose: Serves in an advisory capacity to the City Council to recommend improvements to park and recreation programs. The Board is charged to stimulate public interest in the development and maintenance of parks and playgrounds; to promote close cooperation between the City and private citizens so that all park and recreational facilities are used to their maximum benefit; and pursuant to the Charter, make recommendations regarding the appearance, beautification, and environment of the city. Public Art Committee • Established by §22 -6 of the Code of Ordinances. 34 • Membership: Nine members: seven members are nominated by assignment to individual City Council members, and the remaining two are nominated by and represent the Greater Denton Arts Council. Ex- officio — Parks and Recreation Department Director and the Greater Denton Arts Council Executive Director. • Purpose: Makes recommendations to the Parks, Recreation and Beautification Board and City Council on the commissioning, placing, and the installing of public art; implementation of funding mechanism(s) for public art; effective and efficient management of public art; ongoing maintenance of public art; and the accessioning, deaccessioning, and re- siting of public art. Public Utilities Board • Established by § 12.07 of the City Charter. • Membership: Seven members appointed by City Council. Ex- officio — City Manager and Director of Utilities. • Purpose: Reviews the department of utilities budget and makes recommendations to the City Council in the format required by the City Manager. The Board is authorized to expend funds for information and advertising. All matters relating to utility policies, capital projects, rates, and the sale and issuance of utility bonds are submitted to the Board for review and recommendation prior to Council consideration. The Public Utilities Board makes recommendations for the Capital Improvement Program pursuant to the provisions in the City Charter. Tax Increment Reinvestment Zone Number Two • Established by Ordinance 2012 -366 • Membership: Board membership consists of eleven members, nine of whom are appointed by the City Council. The membership consists of the nine members of the Economic Development Partnership Board, one member appointed by the governing body of Denton County and one member appointed by the "developer ", Rayzor Investments, LLP. • Purpose: Makes recommendations to the City Council concerning the administration of the Zone. Prepares and adopts a project plan and Tax Increment Reinvestment Zone financing plan for the Zone and submits the plans to the City Council for approval. Prepares, implements and monitors such project plan and financing plan for the Zone as the Council considers advisable, including the submission of an annual report on the status of the Zone. Traffic Safety Commission • Re- established by Ordinance 2010 -317. • Membership: Seven members appointed by the City Council. 35 • Purpose: Serves in an advisory capacity to the City Council on matters brought forward to the Commission by the City Manger, or his /her designee, or assigned by the City Council which pertains to traffic safety education and publicity; ways and means of improving traffic conditions and safety for motor vehicles; bicycle and pedestrian safety; implementation of traffic control devices; public parking restrictions; or roadway speed limit designations. 36 III. CITY COUNCIL COMMITTEES The Denton City Council has internal advisory committees, as well as representation on local and regional committees. Assignments to the committees are made following the May city council election. Council members submit requests for committee assignments, with committee membership designated following a Council discussion of the requests. Agenda Committee • Established by Ordinance No. 2011 -038. • Membership: Mayor, Mayor Pro Tem, City Manager. • Purpose: Reviews the City Manager's proposed City Council agendas as to form and agenda content. Audit /Finance Committee • Established by Resolution No. R2009 -015. • Membership: Three City Council members. Ex- officio — City Manager, or his designee. • Purpose: The duties and purpose of the Committee shall be to assist the City Council in fulfilling its organizational oversight responsibilities relating to the audit function, the investment function and other financial related activities as delegated by the City Council. City Council Airport Committee • Established by Resolution No. R2011 -009 • Membership: Three City Council members. • Purpose: Reviews, considers and makes recommendations to the City Council on: the Airport Business Plan and the Airport Master Plan; any airport infrastructure improvement or other major project impacting the airport; the acquisition, review, and consideration of grant funding for the airport; contracts and leases of airport property, including recommending appropriate terms to the City Council; long term financial planning and budgetary issues affecting the airport; and issues raised as a result of interface between citizens, airport tenants, or other interested parties. Committee on Citizen En2a2ement • Established by Resolution No. R2012 -026 37 • Membership: Three current City Council Members appointed by Mayor and approved by Council City Manager or designee to provide guidance and assistance • Purpose: The Committee shall provide advice to both the City Council and /or staff regarding the timely distribution of accurate and complete information to Denton citizens and devise methods of engaging Denton Citizens in the various processes of city government. Committee on the Environment • Established by Resolution No. R2009 -015. • Membership: Three City Council members. Ex- officio — City Manager or designee. • Purpose: The duties of the Committee shall be to review, discuss, deliberate, and consider environmental issues and resources and make recommendations to the City Council. The Committee will also deliberate and make recommendations regarding any other matter delegated to the Committee by the City Council. Council Appointee Performance Review Committee • Established by Resolution No. R2009 -015. • Membership: Three City Council members. Ex- officio — Director of Human Resources. • Purpose: The duties and purpose of the Committee shall be to assist the City Council in performance review of the Council appointees and to insure that the appointees' job descriptions are accurate and properly reflect current job duties in order to make recommendations to the City Council to assist the Council in evaluating the job performance of the Council appointees. Additionally, the Committee will make recommendations regarding employment agreements, including renewals, of Council appointee positions. Council Ethics Committee • Established by Resolution No. R2009 -015. • Membership: Three City Council members. Ex- officio — City Manager, or designee, and City Attorney, or designee. • Purpose: The duties and purpose of the Committee shall be to advise the City Council on the Ethics Policy, gather information from citizens regarding the Ethics Policy, and conduct hearing and inquiries as set forth in the enabling resolution. 38 Council Mobility Committee • Established by Resolution No. R2009 -015. • Membership: Three City Council members. Chair of the committee serves as representative to Dallas Regional Mobility Committee and Regional Transportation Council. Ex- officio — City Manager, or his designee. • Purpose: The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council regarding any changes to the Mobility Plan, local transportation policy, and any items concerning regional transportation policies and activities. Hotel Occupancy Tax Committee • Established by Resolution No. R2009 -015. • Membership: Three City Council members. Ex- officio — City Manager, or designee. • Purpose: The duties and purpose of the Committee shall be to monitor allocation and use of hotel occupancy tax funds, ensuring funds are being used to directly enhance and promote tourism and hotel/convention industry and to recommend organizations to receive funding to City Council. Ad Hoc Council Committees The City Council occasionally creates ad hoc council committees to provide guidance and assistance with short term projects. These committees are dissolved upon the completion of their work. Current ad hoc committees are the Development Code Review Committee and the Council Historic Landmark Committee. 39 IV. LOCAL AND REGIONAL COMMITTEES Community Justice Council • Established by §76.003 of the Texas Government Code. City Membership: One City Council member of the most populous municipality in the county that the facility will serve. • Purpose: Provides policy guidance and direction for the development of criminal justice plans and community correction facilities and programs. Convention and Visitors Bureau • Established by an agreement between Denton Chamber of Commerce and City of Denton; creates an Advisory Board established by the Denton Chamber of Commerce. 0 City Membership: Non - specified number of City Council representatives. • Purpose: Makes recommendations to the Chamber of Commerce Board of Directors to assist in the promotion of events and attractions to ensure a positive experience to Denton visitors. Dallas Regional Mobility Coalition • Established by 1997 Interlocal Agreement. 0 City Membership: Representative of the City Council. • Purpose: Examines all issues related to transportation and recommends transportation improvements and other related actions for the portion of the Dallas Metropolitan Area served by District 18 of the Texas Department of Transportation (Eastern Subregion). Denton Committee on People with Disabilities • Established by a group of Denton citizens, and officially recognized by the City of Denton in Resolution No. R2007 -030. • Membership: Members are not appointed by the City Council. City Manager is authorized to provide a City staff person or persons to attend Committee meetings and to assist in Committee activities. • Purpose: To promote aid to disabled persons, which includes the promotion of better public and employer understanding concerning needs and contributions of persons with disabilities; increased employment, retention, and advancement of disabled workers; encouragement for use of the available services for disabled persons; encouragement of the removal of 40 architectural barriers; and promotion of participation in community life by persons with disabilities. Lake Ray Roberts Planning and Zoning Commission • Established by 1994 Lake Ray Roberts Land Use Ordinance approved by voters in Denton County and adopted by Denton County Commissioners Court. City Membership: One city council representative from each city included in the Lake Ray Roberts area. • Purpose: Reviews and approves land use and development proposals for unincorporated county land in the Lake Ray Roberts area. Regional Transportation Council • Established - Independent transportation policy body of the Metropolitan Planning Organization. 0 City Membership: Representative of the City Council. • Purpose: Oversees the metropolitan transportation planning process, including guidance regarding the development of multimodal transportation plans and programs and programming federal and state funds for the implementation of transportation improvements. Texas Municipal Power Agency Board of Directors • Established by 1976 Power Sales Agreement providing for a board with eight members, two appointed by the Denton City Council. City Membership: Two representatives approved by the city council who may, but need not necessarily be, members of the city council and /or the Public Utilities Board • Purpose: Assists in establishing policies, setting regulations, and overseeing the administration and management of the agency as well as approving and auditing the budget. Miscellaneous Boards and Committees: From time to time, Council Members are called upon to serve as Denton's representatives on a regional board or committee for a short term project. Often, the appointments are for the duration of the project and the board is dissolved. The City Secretary maintains a record of these commitments and may be contacted for updated information. 41 42 ADMINISTRATION § 2 -63 ARTICLE III. BOARDS, COMMSSIONS AND CONMTTEES* DIVISION 1. GENERALLY Secs. 2- 46 -2 -60. Reserved. DIVISION 2. QUALIFICATIONS FOR MEMBERS Sec. 2 -61. Requirements generally. Each member of a board or commission, in addition to qualifications prescribed by federal or state law or ordinance, shall be a qualified voter of the city. (Code 1966, § 1- 21(a); Ord. No. 93 -140, § I, 8 -3 -93) Sec. 2 -62. Conflict of interest. A member of a board or commission of the city having a substantial interest in a business entity or real property, as those terms are defined in chapter 171 of the Texas Local Government Code as it now reads or may hereafter be amended, shall comply with chapter 171 and, if necessary, shall abstain from voting on a matter involving the business entity or real property and file an affidavit setting forth the substantial interest in the matter to be voted upon. (Code 1966, § 1 -22; Ord. No. 96 -154, § II, 7 -9 -96; Ord. No. 99 -268, § 1, 8 -3 -99) Charter reference — Personal interest of officers and employees, § 14.04. State law reference — Conflict of interest, V.T.C.A., Local Government Code § 171.001 et seq. Sec. 2 -63. Removal from office. Should a board or commission member cease to meet the qualifications prescribed in section 2 -61 or 2 -62, if applicable, or should such member be convicted of a felony during his term of service, such failure or conviction, as the case may be, shall be cause for removal. (Code 1966, § 1 -23) *Charter reference — Boards and commissions, § 14.16. Cross references — Library board, § 2 -176 et seq.; downtown development advisory board, § 2 -211 et seq.; beautification advisory commission, § 2 -241 et seq.; airport advisory board, § 3 -2; animal shelter advisory committee, § 6 -5 et seq.; cable TV advisory board, § 8 -130; human services committee, § 11 -61 et seq.; park and recreation board, § 22 -1; construction advisory and appeals board, § 28 -438 et seq.; . development review committee, § 34 -6; board of adjustment, § 35 -41 et seq.; historic landmark commission, § 35 -236 et seq. Supp. No. 10 43 § 2 -64 DENTON CODE Sec. 2 -64. Exceptions. The provisions of this article shall not apply to task forces, ad hoc committees or other commissions established by the city council from time to time to make recommendations with respect to a particular subject or issue and which are not intended to be permanent in nature. (Code 1966, § 1 -24) Sec. 2 -65. Term of office. No board or commission member shall be eligible for appointment to a board or commission for more than three (3) consecutive terms on such board or commission. A board or commission member who has served three (3) consecutive terms shall not be eligible for reappointment to that same board or commission for a period of one year. (Ord. No. 93 -140, § II, 8 -3 -93; Ord. No. 93 -212, § I, 11- 16 -93) Secs. 2- 66 -2 -80. Reserved. DIVISION 3. RULES AND PROCEDURES Sec. 2 -81. Definition. The word "board," "boards," "commission" or "commissions," as used in this division, shall be construed to mean any managerial, administrative or quasi-judicial body of persons which has an advisory or deliberative character and whose members are appointed by or serve at the pleasure of the city council. (Code 1966, § 1 -42) Cross reference— Definitions and rules of construction generally, § 1 -2. Sec. 2 -82. Applicability. The provisions of this division shall govern and control the rules, procedures and operation of all boards and the removal of members thereof; provided, however, wherever any provision of the state constitution, state statutes, the Charter or a city ordinance conflicts or is inconsistent with any provision of this division, the conflicting or inconsistent provision of this division shall not be applicable. (Code 1966, § 1 -43) Sec. 2 -83. General rules. (a) Quorum. A quorum for the transaction of business of a board shall be a majority of the members appointed to the board. (b) Voting required. No attending member of a board shall be excused or shall abstain from voting on any matter before the board on which a vote is called or required, except where a board member's personal interest is involved. When such member's personal interest is involved, such member shall announce such interest at the commencement of consideration of the matter, and such member shall not enter into discussion or debate on such matter and shall Supp. No. 10 44 ADMINISTRATION § 2 -105 abstain from voting thereon and shall fill out an affidavit stating such interest in accordance with V.T.C.A., Texas Local Government Code § 171.004. Amember shall be considered to have a personal interest in a matter whenever any matter before the board could or does affect the member's financial interest. The phrase "financial interest" when used herein shall have the same meaning as "substantial interest in a business entity" as that phrase is defined in V.T.C.A., Texas Local Government Code § 171.002. Charter reference — Personal interest, § 14.04. (c) Absences. Every board, commission, and committee member shall attend all regularly called and scheduled meetings of the board, commission, or committee of which he or she is a member. The chairperson shall announce, for the record, the names of members absent and determine if the absence is excused or unexcused. Members who cannot attend the meeting should contact the chairperson or an appropriate staff liaison concerning his or her absence prior to the meeting. The unexcused absence of any board, commission, or committee member from more than three (3) regularly called and scheduled meetings of the board, commission, or committee of which he or she is a member in any one (1) year or lack of attendance at fifty (50) percent of the number of regular meetings in a year, unless such absence is excused, shall be considered "cause," as that term is used in section 14.16 of the Charter, for removal of the member by the city council from such board, commission, or committee. An excused absence shall include personal or family illness, death of a family member, jury duty, service in the armed forces, testifying before the legislature, attending a seminar involving municipal matters of importance to the member's duties, absence necessary for the member's business or employment, and any related emergencies or other matters which the board, commission, or committee finds qualify as an excused absence. Attendance reports will be provided by boards, commissions, and committees to the city council on a quarterly basis for their review. Copies of this ordinance shall be forwarded to members of all of the standing boards, commissions, and committees and to new members as they are appointed. (Code 1966, § 1 -44; Ord. No. 96 -154, § III, 7 -9 -96; Ord. No. 00 -046A, § 1, 2 -1 -00) Sec. 2 -84. Nominating and appointing members to certain boards. All nominations to the public utilities board and parks and recreation board shall be by procedures established by the city council to fairly allow each member of the city council an opportunity to nominate a member to each of these boards. All appointments to the public utilities board and parks and recreation board shall be by affirmative vote of four (4) members of the city council. (Ord. No. 96 -169, § I, 7- 16 -96; Ord. No. 99 -268, § 2, 8 -3 -99) Secs. 2 -85-2 -105. Reserved. Supp. No. 16 45 46 9 lOur P.1icyA— d—tDOC RESOLUTION NO. A RESOLUTION AMENDING THE ETHICS POLICY FOR ELECTED AND APPOINTED OFFICIALS FOR THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 18, 2004 City Council passed Resolution R2004 -025 adopting an Ethics Policy for Elected and Appointed Officials and upon a recommendation by the Council Ethics Sub - committee hereby approves an amendment to the policy as set forth herein; and WHEREAS, the City Council of the City of Denton acknowledges that our government is a representative democracy and those who are elected or appointed to serve others as representatives accept a public trust that requires them to faithfully and diligently fulfill their public responsibilities; and WHEREAS, the City Council of the City of Denton recognizes the those individuals who serve as public servants must adhere to a higher ethical standard of conduct since the activities of government should benefit the community as a whole and should never benefit the individual interest of public decision makers; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the following ETHICS POLICY for Elected and Appointed Officials -- City of Denton, Texas, which shall apply to all elected and appointed officials of the City, is hereby amended to read as follows: ETHICS POLICY for Elected and Appointed Officials - City of Denton, Texas. This Ethics Policy has been adopted to encourage and ensure the highest standards of personal and public conduct during tenure in office. Adherence to this Policy will maintain the confidence and trust in the decision- makers and representatives of the City who must remain independent, impartial, and accountable to the people they serve. In addition, elected and appointed officials must adhere to Texas state statues and City Charter provisions and City Council Rules of Procedure governing their conduct. These are listed at the end of this Policy. Thus, elected City Council Members as well as appointed members of the City's Boards and Commissions are asked to subscribe to the Texas statutes, City of Denton Charter, Rules of Procedures for City Boards and Commissions, and this Ethics Policy. 1. As a representative of the City of Denton, I will be ethical. I will act with integrity and moral courage. I will be absolutely truthful. I will make impartial decisions that are free of bribes, unlawful gifts, narrow political interests and other personal interests that might impair my independence of judgment. I will always decide what is best for the whole city. I will respect confidences and information designated "confidential" to the extent 47 'SOur pucummis\Re Iutim 06\Ethic Policy- A- 6 -1 .DOC permitted by law. I will use my title and city logo or letterhead only when conducting official City business and will not exceed my authority. 2. As a representative of the City of Denton, I will be service - oriented. I will be friendly, receptive, courteous, and respectful to everyone. I will be attuned to and care about the needs and issues of all Denton citizens. 3. As a representative of the City of Denton, I will be fiscally responsible. I will make prudent decisions, taking into account the long -term financial needs of the City and its financial stability. I will make decisions that seek to promote programs and services for City residents. 4. As a representative of the City of Denton, I will be communicative. I will communicate that I am approachable, open - minded and willing to enter into dialog. I will listen carefully and my response will add value to the conversation. 5. As a representative of the City of Denton, I will be cooperative. I will work toward consensus building and gain value from diverse opinions. I will approach my position and relationships with a positive attitude. I will consider the broader regional and statewide implications of decisions. I will work with the Universities, DISD, the Chambers of Commerce, other governmental entities, and local nonprofit agencies and others as partners on common issues. 6. As a representative of the City of Denton, 1 will be progressive and receptive to new ideas. I will promote intelligent and thoughtful innovation whenever possible. I will be sensitive to the need for compromise, to think creatively, and improve existing models when necessary. I will keep my knowledge of local government current and growing. 7. As a representative of the City of Denton, I will not be delinquent in paying monies owed the City. I will not be in arrears on any city taxes, utility service charges, or other obligations owed the City. Elected officials and appointed officials, boards and commissions must adhere to the following Texas statutes: Civil Statutes Open Meetings Act (Tex. Govt. Code. Ann. Ch. 55 1) Public Information Act/Open Records Act (Tex. Govt. Code. Ann. Ch, 552) Conflicts of Interest (Tex. Loc. Govt. Code, Ch. 171, Ch. 212) Official Misconduct (Tex. Penal Code, Ch. 36, Ch. 39) Nepotism (Tex. Rev. Civ. Stat. Ann., arts. 5996a & 5996b) Whistleblower Protection (Tex. Rev. Civ. Stat. Ann., art. 6552 -16a) 48 Si.)., D.—c."m1.1im%06\Ethk Policy-A—d—iDOC Competitive Bidding and Procurement (espec. Tex. Loc. Govt. Code, Ch. 252) State Penal Laws Bribery (Tex, Penal Code, § 36.02) Coercion of Public Servant or Voter (Tex. Penal Code, § 36,03) Improper Influence (Tex. Penal Code § 36.04) Tampering with a Witness (Tex. Penal Code § 36.04) Retaliation (Tex. Penal Code § 36.06) Gifts to Public Officials (Tex. Penal Code § 36.08) Offering Gift to Public Servant (Tex. Penal Code § 36.09) Abuse of Office (Chapter 39) Official Misconduct (Tex. Penal Code § 39.01) Official Oppression (Tex. Penal Code § 39.02) Misuse of Official Information (Tex. Penal Code § 39-03) City Documents In addition, the City of Denton Charter, the City Council Rules of Procedure, House Rules and Code of Election Ethics are applicable. The Ethics Policy is designed as a positive guide to the behavior and decorum of Council and board members as they represent the citizens of Denton. I will voluntarily accept reprimand from my colleagues if I should act contrary to this policy. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: A )a APPR VED AS O LEGAL FORM: EDWIN M. SNYD-ER, CITY ATXORNEY M 49 50 SALegal \Our Documents \0rdinances\l5 \CC Rules of Procedures 2615-4 for July 28, 2015.doc ORDINANCE NO, 2015 -231 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) Charter: 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) Quorum: 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. 51 S: \Legal \Our Documents \0rdinances \15 \CC Rules of Procedures 2015 -4 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 52 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. 53 S: \Legal \Our Documents \0rdinances \15 \CC Rules of Procedures 2015 -4 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- 54 S: \Legal \Our Documents \Ordinances \15\00 Rules of Procedures 20154 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 Arran eg ment: 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) Videoconfergncin. City Council members may elect to participate in a City Council meeting by videoconference in the event the member is traveling or unable to attend a meeting due to illness. a. Procedures fbi ineelina y:.vedc ocon[a.1:. Lice iU c 6 C41.ml�a Iti01: 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 55 S: \L,egal \tour Documents \Ordinances \l5 \CC Rules of Procedures 2015 -4 for July 28, 2015.doc adjourned. The City shall make at least an audio recording of the meeting, and the recording shall be made available to the public. b, rocedures For nlcetlng ( oeollfercjjj�! if a (LtLgrun ryitl. not be in ol eJA fic -11 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 and the Agenda Committee not less than seven (7) days prior to the meeting. 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 56 S: \Legal \Our Documents \0rdinances \15 \CC Rules of Procedures 2015 -4 for July 28, 2015.doc 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. 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 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. 57 S: \Legal \Our Documents \0rdinances \f5 \CC Rules of Procedures 20154 for July 28, 2015.doc 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 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" 58 S: \Legal \Our Documents \0rdinances \15 \CC Rules of Procedures 2015 -4 for July 28, 2015.doc 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 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. 59 S: \Legal \Our Documents \0rdinances \15 \CC Rules of Procedures 2015 -4 for July 28, 2015.doc 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 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. 2) 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 four (4) 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, 60 S: \Legal \Our Documents \Ordinances \15 \CC Rules of Procedures 20154 for July 28, 2015.doc 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 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. 61 !a , glipligi t # d) The applicant presents his or her case, with potential questions of the applicant from the City Council. 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. Groins 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 62 SALegal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -4 for July 28, 2015.doc 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). 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. 63 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; 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 64 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 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. 65 S: \Legal \Our Documents \0rdinances \15 \CC Rules of Procedures 2015 -4 for July 28, 2015.doc 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 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 II 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: 66 S: \Legal \Our Documents \Ordinances \15 \CC Rules of Procedures 2015 -4 for July 28, 2015.doc 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. b. Levying 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 Zonings 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 Alamo 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. 67 S:\Legal\OurDocuments\Ordinances\15\CC Rules of Procedures 2015 -4 for July 28, 2015.doc .. Y ��� �w ..........__ 2015. PASSED AND APPROVED this the day of r CHRIS WATT M 1 CSR ATTEST: JENNIFER WALTERS, CITY SECRETARY API' , AEI) ASTO LEGAL FORM: AN 1 A BURGESS, CITY ATTORNEY �., b 68 Odocuments and settingsljericharldesktoplcommit tees reso 3 compare.doc RESOLUTION NO. R2009- A RESOLUTION RE- ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO BE . KNOWN AS, THE AUDIT /FINANCE COMMITTEE AND ASSIGNING IT ADDITIONAL DUTIES; DISSOLVING THE INVESTMENT COMMITTEE; RESCINDING RESOLUTION NO. R2006 -013, R2006 -026, AND SECTION V. OF THE ATTACHMENT TO RESOLUTION NO. R2008 -009; FURTHER, RE- ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL TO BE KNOWN AS THE APPOINTEE PERFORMANCE REVIEW COMMITTEE: RESCINDING RESOLUTION NO. R2007 -043; FURTHER RE- ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL TO BE KNOWN AS THE CITY COUNCIL COMMITTEE ON THE ENVIRONMENT; RESCINDING RESOLUTION NO. R2005 -040; FURTHER, RE- ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL ETHICS COMMITTEE; FURTHER, ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL HOTEL OCCUPANCY TAX (HOT) COMMITTEE; FURTHER, RE- ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL MOBILITY COMMITTEE; RESCINDING RESOLUTION NO. R2005 -041; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS,-the City of Denton deems it to be in the best interest of the City and beneficial to enhanced efficiency of governmental operations to consolidate the resolutions and ordinances creating the City Council oversight committees; and WHEREAS, the City Council opines that appointments to Council committees will be made in a more timely fashion upon the consolidation of the resolutions and ordinances creating these City Council committees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: TITLE I. RELATING TO THE AUDIT/FINANCE COMMITTEE SECTION 1. History of the Audit/Finance Committee and findings. A. On April 18, 2006, the Denton City Council established an Audit/Finance Committee by Resolution No. R2006 -013 (as amended by Resolution No. R2006 -026) to act as an advisory body to the Denton City Council to provide governance and oversight of the organization's audit activities, internal controls, and financial and operational reporting. B. On February 17, 1987, the Denton City Council approved a resolution creating an Investment Policy and establishing an Investment Committee by Resolution No. R87 -019. 69 Odocuments and settings \jerichar\desktop \committees reso 3 compare.doc C. The City Council is of the opinion and hereby finds, that it is in the public interest that an Audit/Finance Committee be re- established and that such Committee should meet regularly to determine general investment strategies and to monitor such results. SECTION 2. Re- establishment of the Audit/Finance Committee and statement of duties and purpose of the Committee. A. The City Council hereby re- establishes a standing Audit/Finance Committee to be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council.. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to assist the City Council in fulfilling its organizational oversight responsibilities relating to the audit function, the investment function, and any other financial related activities as delegated by the City Council. Further, the Committee shall assist Council in its oversight duties related to the City's internal audit function as needed or as directed by Council. SECTION 3. The Investment Committee shall be dissolved and its duties and responsibilities are included in the duties of the Audit/Finance Committee as outlined in Section 2.C. SECTION 4. Resolutions No. R2006 -13, R2006 -026 and Section V. of the attachment to Resolution No. R2009 -006 are hereby rescinded. TITLE 11. RELATING TO THE .'ITV COUNCIL APPOINTEE ._.... �.. �w PERFORMANCE REVIEW C �. .. OMMITTEE SECTION 1. History of the City Council Appointee Performance Review Committee and findings. A. On December 11, 2007, the Denton City Council re- established the City Council Appointee Performance Review Committee by Resolution No. R2007 -043 to act as an advisory body to the Denton City Council to recommend performance review standards to the City Council for City 70 cAdocuments and settings \jcHchar \dcsklop \committees reso 3 compare.doc Council appointees, to include the City Manager, City Attorney, Municipal Court Judge and City Auditor. B. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. SECTION 2. Re- establishment of the City Council Appointee Performance Review Committee and statement of duties and purpose of the Committee. A. The City Council hereby re- establishes the City Council Appointee Performance Review Committee as a standing committee of the City Council. The Committee shall consist of three (3) City Council members to be appointed by the Mayor of the City of Denton, and approved by the Denton City Council. Tile City Manager will be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council, The presiding olB er of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to assist the City Council in performance review of (lie Cite Council appointees and to insure that the appointees' job descriptions are accurate and properly reflect current _job duties in order to make recommendations to the City Council to assist tite Council in evaluating the job performance of the Council Appointees. Additionally, the Committee will make recommendations regarding employment agreements, including renewals, of council appointee positions and any other duties as assigned by the City Council. SECTION 3. Resolution No. 82007 -043 is hereby rescinded. TITLE 111. RELA "PING "1"O "1 HE_COMMITTEE O THE ENVIRONMENT SECTION 1. History of the Committee on the Environment and findings. A. On October 18, 2005, the Denton City. Council established the City Council Committee on the Environment by Resolution No. R2005 -040 to act as an advisory body to the Denton City Council to address issues facing the Council that deal with Denton's stewardship, management, and conservation of environmental issues, environmental resources and related matters. 71 cAdocuments and settings \jerichar\desktop \committees reso 3 compare.doc B. The City Council is of the opinion and hereby finds, that it is in the public interest that the City Council Committee on the Environment be re- established as a standing committee and that such Committee should meet regularly to consider environmental matters impacting the City of Denton and to recommend appropriate action to the City Council, as necessary. SECTION 2. Re- establishment of the City Council Committee on the Environment and statement of duties and purpose of the Committee. A. The Denton City Council hereby re- establishes a standing committee to be called the City Council Committee on the Environment. The Committee shall consist of three (3) City Council members who will be appointed by the Mayor of the City of Denton and approved by the Denton City Council. The City Manager will be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the, pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties of the Committee shall be to review, discuss, deliberate and consider environmental issues and resources and make recommendations to the Denton City Council. The Committee will also deliberate and make recommendations regarding any other matter delegated to the Committee by the City Council. SECTION 3. Resolution No. 82005 -040 is hereby rescinded. TITLE IV. RELATING TO THE CITY COUNCIL ETHICS COMMITTEE SECTION 1. History of the City Council Ethics Committee and findings. A. On September 7, 2004, the Denton City Council established the City Council Ethics Committee by Ordinance No. 2004 -255, which is being rescinded by Ordinance No. 2009 -137 adopted on this date, to act as an advisory body to the Denton City Council on issues that may arise under the Ethics Policy for the City of Denton. B. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. 72 Odocuments and settings\jerichar\desktop \committees reso 3 compare.doc SECTION 2. Re- establishment of the City Council Ethics Committee and statement of duties and purpose of the Committee. A. The City Council hereby re- establishes the City Council Ethics Committee as a standing committee of the City Council. The Committee shall consist of three (3) City Council members to be appointed by the Mayor of the City of Denton, and approved by the Denton City Council. The City Manager, or his or her designee, shall serve as the recording secretary to the Committee and shall provide such administrative services as necessary. B. The Committee members shall serve at the pleasure of the City Council until successors' are duly appointed by -the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to advise the Denton City Council on the Ethics Policy and to gather information from the Citizens of Denton regarding the Ethics Policy, conduct hearings and inquiries as herein set forth and consider other matters as delegated by the City Council. SECTION 3. Any person, including, any Elected or Appointed Official of the City of Denton, or any person acting on behalf of a public or private entity may request the Committee to consider an issue arising under the Ethics Policy by filing a written Notice of Potential Violation, ( "Notice "), of the Ethics Policy with the City Secretary. The City Secretary shall make a copy of the Notice and provide a copy of the Notice to the Elected or Appointed Official who is named in the Notice, and to the Chair of the Committee. Within thirty days, the Chair shall place the notice on the Agenda of the Committee and the Committee shall provide notice of the meeting to the Elected or Appointed Official, and meet and conduct hearings, as necessary. The Committee may, in its discretion, determine to advise the City Council on the Notice. The Committee may extend this time period if the Committee needs additional information in order to properly advise the City Council regarding any issues raised in the Notice. VI. RELATING TO THE CITY COUNCIL HOTEL OCCUPANCY TAX (HOT) OT) COMMITTEE. SECTION 1. History of the City Council Hotel Occupancy Tax Committee and findings. A. The Denton City Council adopted Ordinance No. 75 -53 on December 16, 1975, amending Chapter 23 of the Code of Ordinances by adding Article I entitled "Hotel Occupancy Tax" which provides for the collection of a hotel occupancy tax. 73 Odocuments and settings \jerichar\desktop\committees reso 3 compare.doc B. On January 6, 1976, the Denton City Council entered into a contractual agreement with the Denton Chamber of Commerce to promote tourism and advertise the City of Denton as a potential site for public meetings and conventions. C. By consensus of the Denton City Council at their work session of September 20, 1994, three representatives of the Denton City Council have served annually on a Hotel Occupancy Tax Fund Committee to monitor allocation and use of hotel occupancy funds. D. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. SECTION 2. Re- establishment of the City.Council Hotel Occupancy Tax (HOT) Fund Committee and statement of duties and purpose of the Committee. A. The City Council hereby re- establishes a standing committee to be called the HOT Committee. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the. Cornmittee shall be to monitor allocation and use of hotel occupancy tax funds, ensuring funds are being used to directly enhance and promote tourism and the hotel /convention industry, recommend organizations to receive funding to the City Council, and other duties as delegated by the City Council. SECTION 3. Members of the Committee shall also serve as members of the Denton Live Advisory Board. VII. RELATING TO THE CITY COUNCIL MOBILITY COMMITTEE SECTION 1. History of the City Council Mobility Committee and findings. A. The Denton City Council, on October 18, 2005, heretofore established the City Council Mobility Committee by Resolution No. R2005 -041 to act as 74 c:\documents and settings \jerichar\desktop \committees reso 3 compare.doc an advisory body to the Denton City Council regarding local and regional transportation issues. B. The .Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. SECTION 2. Re- establishment of the City Council Mobility Committee and statement of duties and purpose of the Committee. A. The City Council hereby re- establishes a standing committee to be called the City Council Mobility Committee. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council regarding any changes to the Mobility Plan, local transportation policy, arly items concerning regional transportation policies and activities and other duties as delegated to the Committee by the City Council. SECTION 3." Resolution No. R2005 -041 is hereby rescinded. "VIII. RELATING TO ALI., CITY OF_DENTON CITY COUNCIL COMMI "l`fEE A. ALI., COMMITTEES are subject to the provisions of Texas Government Code §§551 and 552, as amended, and its meetings shall be posted in compliance with the "Texas Open Meetings Act. Minutes and records will be maintained in accordance: with requirements of the city secretary's office. B. This Resolution shall become effective immediately upon its passage and approval. 75 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: :......_ .. 76 sAlegahour documentsVesolutionAl Mommittees reso 032511.doc RESOLUTION NO. R_201.1 -009 A RESOLUTION AMENDING RESOLUTION NO. R2009 -015 TO ESTABLISH A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO BE KNOWN AS THE CITY COUNCIL AIRPORT COMMITTEE TO ADVISE AND ASSIST THE CITY COUNCIL REGARDING CITY OF DENTON MUNICIPAL AIRPORT MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton deems it to be in the best interest of the City to create a standing committee of the Denton City Council on matters affecting the City of Denton Municipal Airport in the public interest of increasing public input and access into matters involving the Denton Airport and elevating the importance of the Denton Airport to the citizens of the community; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That Resolution No. 82009 -015 is hereby amended to add Title VIII, as follows: TITLE VIII. THE CITY COUNCIL AIRPORT COMMITTEE A. The City Council hereby establishes a standing committee to be called the City Council Airport Committee. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for insuring that records are maintained in accordance with the requirements of the City Secretary's Office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council on: the Airport Business Plan and the Airport Master Plan as now written or hereafter amended or enacted; any airport infrastructure improvement or other major project impacting the airport; the acquisition, review, and consideration of grant funding for the airport; contracts and leases of airport property, including recommending appropriate terms to the City Council; long term financial planning and budgetary issues affecting the airport; issues raised as a result of interface between citizens, airport tenants, or other interested parties, and members of the Council subcommittee regarding airport 77 sAlegallour documentsVesolutionAl Mcommittees reso 032511.doo related issues; and other airport matters as may, from time to time, be assigned by the City Council or requested by the City Manager, or his or her designee. SECTION 2. Title VIII, of Resolution No. 82009 -015 is renumbered to Title IX. SECTION 3. All provisions of Resolution No. 82009 -015 in conflict herewith are superseded and repealed. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2 mm, 011. ATTEST: JENNIFER WALTERS, CITY SECRETARY BYE-._ - APPROVED AS TO LEGAL FORM; ANITA BURGESS, CITY ATTORNEY BY: 99 � M JC d _. _1 `11S, MAYORm... . 78 RESOLUTION NO, R2O12 -026 A RESOLUTION AMENDING RESOLUTION NO. R2009 -015 BY ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO BE KNOWN AS THE COMMITTEE ON CITIZEN ENGAGEMENT AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton deems it to be in the best interest of the City and beneficial to enhanced efficiency of governmental operations to establish, in addition to other standing Committees of the City Council, a City Council Committee on Citizen Engagement; and WHEREAS, the City Council opines such a committee is essential to insure efficient and timely distribution of accurate and complete information to our citizens; and WHEREAS, the City Council desires to use the dissemination of such information about city operations to engage citizens of this community in constructive dialogue with the goal of refining and broadening citizen input in processes of city governance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. THAT Resolution No. R2009 -015 is hereby amended to add a new Title VIII. which will read as follows: TITLE VIII. RELATING TO THE COMMITTEE ON CITIZEN ENGAGEMENT SECTION 1. Establishment of the City Council Committee on Citizen Engagement and statement of duties and purpose of the Committee. A. The City Council hereby establishes a standing committee to be called the City Council Committee on Citizen Engagement. The Committee shall be composed of three i3) members of the City Council to be appointed by tape Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee 'shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to provide advice to both the City Council and/or staff regarding the timely distribution of accurate and complete information to Denton citizens and devise methods 79 of engaging Denton citizens in the various processes of city government. The Committee shall, from time to time and at its discretion, make recommendations and provide information to the City Council relevant to its stated purpose. SECTION 2. TI IAT TITLE VIII. of Resolution No. R2009 -015 is renumbered to TITLE IX. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the %1 t day of mm , 2012. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: IMOMMAW'. W'9111 80 RESOLUTION NO. ��"!. A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMMITTEES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City Council hereby adopts the City of Denton Handbook for Boards, Commissions, and Council Committees, a copy of which is attached hereto. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2009, ATTEST: JENNIFER WALTERS, CITY SECRETARY APP )VEIN A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: S:`Our 6xummtsVle .�oludonswsfi�adba�tda 81 MAYOR sNegaNur documentsVesolulions1111bandbook doe RESOLUTION NO. 82011 -036 A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A REVISED CITY OF DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMMITTEES; AND DECLARING ANT EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1, The City Council hereby adopts a revised City of Denton Handbook for Boards, Commissions, and Council Committees, a copy of which is attached hereto. SECTION 2. This Resolution shall become effective immediately upon its passage and approval.. d , PASSED AND APPROVED this the � day of �,. ,�.W_ . ., mm,m. 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY m tc p1d APPROVED AS J� 0 LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r BY: -- 82 A: BURROIJ IIS, MAYOR RESOLUTION NO. 82012 -026 A RESOLUTION AMENDING RESOLUTION' NO. R2009 -015 BY ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO BE KNOWN AS THE COMMITTEE ON CITIZEN ENGAGEMENT AND PROVIDING FOR ANT EFFECTIVE DATE WHEREAS, the City of Denton deems it to be in the best interest of the City and beneficial to enhanced efficiency of governmental operations to establish, in addition to other standing Committees of the City Council, a City Council Committee on Citizen Engagement; and WHEREAS, the City Council opines such a committee is essential to insure efficient and timely distribution of accurate and complete information to our citizens; and WHEREAS, the City Council desires to use the dissemination of such information about city operations to engage citizens of this community in constructive dialogue with the goal of refining and broadening citizen input in processes of city governance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. THAT Resolution No. R2009 -015 is hereby amended to add a new Title VIII. which will read as follows: [.__ EJ,,A-Fli� ro TIJJ _COMM1'l'I],I, ON C111t71.N E`NG, .tllw 4l: T' SECTION 1. Establishment of the City Council Committee on Citizen Engagement and statement of duties and purpose of the Committee. A. The City Council-hereby establishes a standing committee to be called the City Council Committee on Citizen Engagement. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to provide advice to both the City Council and/or staff regarding the timely. distribution of accurate and complete information to Denton citizens and devise methods 83 of engaging Denton citizens in the various processes of city government. The Committee shall, from time to time and at its discretion, make recommendations and provide information to the City Council relevant to its stated purpose. SECTION 2. THAT TITLE VIII, of Resolution No. R2009-015 is renumbered to TITLE IX. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. 74 PASSED AND APPROVED this the �..� ±' day of ����?.� , 2012. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY :._. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ... 15 VIA IN Mr.10 -1181 w4 - . 84 s:degallour documentslresolutions1121resolution amendments to b &c handbook re communication.doc RESOLUTION NO. 8201-2 -030 A RESOLUTION OF THE CITY OF DENTON AMENDING RESOLUTION NO. R2011 -036 REGARDING THE DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COM11ITTEES TO ADD A PROCESS BY VIHICH BOARDS AND COMMISSIONS MAY COMMUNICATE WITH THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council approved Resolution No. R2011 -036 which adopted a revised City of Denton Handbook for Boards, Commissions, and Council Committees; and WHEREAS, the City Council desires to add a provision in said Handbook which will provide for a process by which Boards and Commissions might communicate with the City Council regarding questions or recommendations concerning policy within the scope and purpose of the City's Boards and Commissions; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton hereby adds as SECTION 2 to Resolution No. R2011 -036 the following language: SECTION 2. A process of communication between the City Council and the City's Boards and Commissions is hereby created, as follows: Upon consensus of a Board or Commission, such Board may request that staff propose questions regarding public policies or prepare policy statement recommendations regarding a matter that clearly falls within the scope and purpose of the Board. Such policy recommendations or questions, once approved by a majority of the Board or Commission, will be forwarded to the City Council for their response or consideration as Council determines appropriate. Boards and commissions may provide an annual or more periodic report to Council as appropriate outlining their activities, accomplishments, projects, and initiatives. Content of the report may be customized by each board. Such reports will be forwarded to the entire Council upon approval of the majority of the board. SECTION 2. SECTION 2 of Resolution No. R2011 -036 is renumbered to SECTION 3. SECTION 3. The City Council directs that the language referenced in SECTION 1 of this Resolution be included in the City of Denton Handbook for Boards, Commissions, and Council Committees upon subsequent publications of said Handbook, and that this Resolution accompany distribution of the Handbook until such time as additional publications are printed. 85 s:U vallour documents\resolutions %121resolution amendments to b &c handbook re communica6on.doc SECTION 4. This Resolution shall become effective immediately upon its passage and approval. PASSED AND - APPROVED this the IT m��' mIT_ day of 2012. MARK ;F 'B` R OUG1 S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: re APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:�. 1 86 s:llegallour documents lresolutions113Viandbook.doe RESOLUTION N0. 82013 ......__.. 27 A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A REVISED CITY OF DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMMITTEES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council hereby adopts a revised City of Denton Handbook for Boards, Commissions, and Council Committees, a copy of which is attached hereto. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. ._.w._m_....... d >> 2013. PASSED AND APPROVED this the j ATTEST: JENNIFER WALTERS, CITY SECRETARY BY' 114 �r_:__ _. Al']�1 7' Eat AS " 1'0 LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY..:�_. ... ...,,,.. 87 sAlegal \our documents \resolutions \14\handbook.doc RESOLUTION NO. 82014 -037 A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADOPTING A REVISED CITY OF DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMMITTEES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council hereby adopts a revised City of Denton Handbook for Boards, Commissions, and Council Committees, a copy of which is attached hereto. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2014. 6v- IS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 88 ADA/EOE /ADEA TDD: (800) 735 -2989 www.cilyofdenton.com Resolution No. R2015- Published 09/2015 Date: July 17, 2015 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SITRJF,CT- Boards and Commissions Appointment and Training Process BACKGROUND: Report No. 2015 -073 On August 4 and August 18, the City Council will discuss and consider nominations for membership of the City's standing boards and commissions. Nominations are made by individual council members, and the Council as a whole considers those nominations for appointment. It may be helpful to review the following reminders: Several boards or commissions have specific requirements regarding the makeup of their membership. For example, the Health and Building Standards Commission should consist of a general contractor, an architect or engineer, a representative of the plumbing industry, a representative of the electrical industry, and two members associated with construction, and an additional member. The Council as a whole is responsible for fulfilling the specific membership criteria for these various boards. It is important that all nominations are made and considered collectively by the Council prior to confirming appointments, so that the council can consider the individual appointments in the context of the membership requirements and overall makeup of the board. Because appointments are considered and approved by the Council as a whole, council members are encouraged to refrain from confirming membership with a potential nominee until the Council reaches consensus. Vacancy information has been provided to the Council, and a work session is scheduled for August 4 to further discuss these nominations. Upon appointment, each new member receives a handbook that outlines the Council's expectations and procedural guidelines for all boards and commissions. The handbook consolidates current ordinances, resolutions, and administrative policy into a convenient and easily understood training tool and reference guide for board members. In previous years, the City has also held a combined training workshop for all incoming board members. To maximize the effectiveness of this training, staff is proposing to hold a brief training and orientation at a regularly scheduled meeting of each board in lieu of the larger workshop. The training will cover topics that will help members in their service, including an overview of city government, rules of procedure for conducting meetings, conflicts of interest, and the Texas Open Meetings Act. Outgoing members will also be recognized for their service at this meeting. Date: July 17, 2015 CONCLUSION: Report No. 2015 -073 Unless directed otherwise, staff will schedule a brief training session with each board and commission after appointments are made by the Council on August 18. STAFF CONTACT: Alison Ream Administrative Services Manager alison.ream @cityofdenton.com (940) 349 -8310 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON Legislation Text File #: ID 15 -749, Version: 1 DEPARTMENT: ACM: Date: Agenda Information Sheet Finance Bryan Langley September 1, 2015 SUBJECT Consider approval of tax refunds for waiver of penalty and interest for Property Tax Accounts 651794DEN, 655073DEN, 650104DEN, 650792DEN, 655027DEN, 654998DEN, 651744DEN and 637181DEN. BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. While none of the recommended refunds exceed $500.00 it was recommended that this be considered by City Council instead of staff approval due to the unique nature of these refunds. The properties in question were purchased through voluntarily sale or condemnation by TxDOT. Under a normal property purchase, the estimated taxes are paid at closing. The estimated taxes are determined based on the portion of the year that the property was owned prior to acquisition by an exempt governmental entity like TxDOT. But in these cases, this estimation was not done and the tax bills subsequently went to TxDOT. TxDOT did not forward the bills to the prior owners. The City's delinquent tax attorney Sawko and Burroughs has worked with these taxpayers to pay their proportional share of the taxes. Each taxpayer has requested waiver of the penalty and interest, since they were not informed of the taxes until recent contact by Sawko and Burroughs. Each account has been paid in full and the attached letter gives a full summary and endorsement of these requests by Sawko and Burroughs. Approval of these waivers would also remove all delinquent tax attorney collection fees payable on these accounts. The amount of waiver request by account is as follows: 651794DEN - $99.67 655073DEN- 2.71 650104DEN - 23.65 650792DEN - 35.18 655027DEN - 477.80 654998DEN - 281.20 651744DEN - 112.41 637181DEN - 36.16 Totals $1,068.78 RECOMMENDATION City of Denton Page 1 of 2 Printed on 8/27/2015 File M ID 15 -749, Version: 1 Staff recommends approval of these tax refund requests. EXHIBITS 1. Request by Sawko and Burroughs Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance City of Denton Page 2 of 2 Printed on 8/27/2015 Shareholders: 1172 Bent Oaks Drive Associate Attorney: Gregory I Sawko Denton, Texas 76210 Hunter R. Sargent Mark A. Burroughs www.DentonLawVer.com (940) 382-4357 Telephone (940) 591-0991 Telecopy August 4, 2015 Via E, -Mail: charles. sprin ger@ci ofi&nton. com Mr. Charles Springer, Finance Director City of Denton, Texas Att-v Burros ehsA,DentonLawyer.com RE: Request for Agenda Item to Consider Taxpayer Request(s) for Waiver and Refund of Certain Penalties and Interest on Property Taxes Dear Chuck: I am forwarding the Request for Waiver and Refund of penalties and interest related to property tax accounts as your property tax collections enforcement law firm. Enclosed please find my formal opinion letter supporting consideration by the City of Denton for waiver of penalties and interest on one or more property tax accounts for 2014 taxes, as requested by the affected taxpayer. I request that each enclosed request be taken up at a meeting of the Denton City Council vote to either remove said penalties and interest and direct the Denton County Tax Office to refund same, or decline to do so. Although the opinion letter I have included herewith sets forth the purpose and grounds to authorize waiver, if further explanation might be helpful, please let us know so that we can coordinate same with you. It is not anticipated that there is any opposition to this request for waiver on any account. The Denton County Tax Office ordinarily presents requests for waivers and refunds such as these; however, the particular issue that effectively "caused" these 2014 taxes to fall delinquent is a novel one, is very complex (in that it involves condemnations by governmental entities) and so is subject to interpretation, there being no history or established procedure to address same at this time. For this reason, the Tax Office requested that we forward these requests to each of our taxing entity clients with affected accounts. Page 1 of'2 Charles Springer Page Two August 4, 2015 Please feel free to contact me with any questions in this regard. MAB/aej Enclosures Gaax/Letters.'RequestForAgendaltem Sincerely, SAW W &'13URROUGHS P.C. Mark A. BuTrough Attorney at Law ( / Page 2 (#'2 Shareholders: l]72 Bent Oaks Drive AmmmimL Aou,uoy: ' Gregory J.Sw«k» Denton, Texas 762l0 Hunter R.Sargent Mark A.8voov8bu . (940 ) 3824357Tobpboue . (940)591-0991 Tdeooyy _. - August 4, 2015 - Mr. Charles Springer, Finance Director City of Denton, Texas ` RE: Request for Waiver of Penalty and Tax Account Nos. 651794I]EN, 655073DEN,650104DIN,650792I)EN,655827IJBN,654998I]BN, h5l744l)EN and 637l81DEN Dear Chuck: Pursuant boTexas Property Tax Code Section 33.O]l` under certain circumstances the . body of taxing authority either may or must waive penalty and interest otherwise due'and owing on property taxes ouseuacd against property v,iddu the taxing `m boundaries, We, as your Property %.ux Attorneys, received the uUuobed "Request for Review of Penalty and Iotcrcot" from the Doutnu ' County ?ax DfOmr after submittal hy the taxpayer making the oz4neoC We offer the ±bUokiog,opioioo ~ _ with respect io this request. . ^. This account is one of number of tax delinquencies zeocndv discovered to have been placed in ao"^Exompt" status under the name of^^Tm[)OT`' d involved u condemnation process whereby the Texas Department o[ Transportation acquired property from the taxpayer in the year 2Vl4 that imat issue here for unpaid taxes. Upon recent notification by our office that this 2014 tax was unpaid, the taxpayer timely � paid same under protest, together with accrued peouhv and interest, and filed this request for waiver and refund of the penalty and interest paid. We support this request. Section 33.011 (a)(1), Texas Property Tax Code, provides in pertinent part that "The governing body ofu taxing unit ... shall waive penalties and may provide for the waiver of interest oo4 delinquent ' tax ifmo act m omission ofauofficer, employee or agent of the taxing unit orthe appraisal district in p/hidz the taxing unit participates caused or resulted in the taxpayer's failure to pay the Tux holhre delinquency and if the tax is paid not later than the 21" day after the date the taxpayer knows or should know of the dc|inqucncy". Per subsection (d)of Section 33.0l|, such a request for waiver ofpenalties and interest "must be made before the l8I'' day after the delinquency dote". Charles Springer Page Two August 4, 2015 Although there may be some ambiguity and possible differing of opinion as to whether the requisite "error or nozaaion" occurred causing the delinquency, l mooug|v believe under these naunvv cironoza1xnosa that it did. The error or ooziamicm vvuo, in my oPbdVo, the result of a flaw in the condemnation process whereby: l. no or payment was made of estimated or actual current-year taxes (the year when the condemnation closed) hvTuIJ()Tnr any party out of the condemnation; 2. on substantive notice was provided to the ^^mc|kx" that seller would have any responsibility 0o pay current-year taxes after the sale toTzI}OI; 3. the property onudeznoed was placed into an effectively dormant, "exempt" status upon transfer LoTxD(}T; 4. no record at the Denton Central Appraisal District or the Denton County Tax Office retained the condemnation seller's identity as u responsible party for taxes accruing during the part of the year of condemnation that seller ovvuod u0000 (and for which seller is now being held responsible); 5. no notice was provided or attempted to the taxpayer that tmzom they were solely responsible - for were usocnmcd- billed or had fallen delinquent, having only been sent to TxDDT by the Tax Office (xvbiob is technically the required minimum notice under the Property Tax Code); and 6. under the oorneo1 system, it was impossible for the taxpayer tw discover their tax liability or even topay it, as no record of their liability had heretofore been kept to identify them as a liable party oo the new TxDO7-owned 0000uo1. Tbcn: is a provision of the Property Tax Code, Section 26i11, that u ' mechanism for estimating and taxes on property acquired during o year by an exempt governmental entity. However, in the present situation, this was not done and um action was taken by Tx[}QI ur any party 1othe condemnation process to identify or allocate the estimated and pro-rated tax liability to the prior owner ao provided therein. Apparently nothing in the current condemnation process compels TxDOI to perform this function, and no tax bills received by TxDOT on the woNec1 property were ever forwarded tothe 000deouzceiuzpu}er nor did the Tax Office attempt to send any notices of this tax indebtedness to the responsible taxpayer (nm. again, no Code provision applies io compel the Tax Office to do so). under these circumstances, the firstnotice received mthat was possible toboreceived by the taxpayer was from our office well after penalty and interest accrued against the unpaid tax, inmy opinion, o dap/ in the system of accounting for current-year taxes in u condemnation proceeding caused '^ooactoromiaeion`,bytbeDeotwoCouotyTarOffiue,1hcDnutonCeutna\AoordaolDinbrictnod/oz1bcjr agents, to prevent notice or timely payment of 2014 taxes on this tax account by the responsible taxpayer subject to the condemnation action. All other necessary conditions to provide for waiver being present, I submit this taxpayer request for waiver of all penalties and interest for 20l4 taxes on the aforesaid property tax account, and for refund of said penalties and interest paid under protest, with my endorsement supporting same. For your information, this action simultaneously removes all attorney's fees payable on this account as well. Charles Springer Page Three August 4, 2015 MAB/acj Enclosures xc: John Ball Via Joel Anderson Via E-Mail: lynar gse I& ,vahoo.com Linnie McAdams ViyE-Mail: I.m. nicadamv &att. net Kenneth Wright Via E-Mail: melanie2000Azmai.com James King Via E-.Mail.- ,. lameslring @ggentsalliance.biz Jay .Patel Via E-Mail: jqvmori(&zmaiI.eom G/Tax/Letters/WaiverLetter & BURROUGHS.IRC. Attorney at Law Page, 3 ()f 3 Pursuant to Section 33.011 of fl'w Texas Prope rty .fan Code, a requpst for waiver of penalty and interest must be made in wi"iting to be considered valid. A taxing unit' overnin IIBo dy is respoilisiblo. for granting of w,Pvalvau'. Request #: 320 Date: 7/30/2015 Name: JOEL ANDERSON First Last Address: 442 VALLEY VIEW DR Street Address Apartment/Unit # LEWISVILLE City 4694464322 Home Phone IQ State 2146160012 Alternate Phone Email: LANARGSE@YAHOO.COM Account Number(s) 651794DEN, PREVIOUS ACC34071 DEN (WE SOLD TO TXDOT (Attach additonal sheets if necessary) 75067 Zip Code IProperty taxes must be paid on or before January 31st. A payment made after January 31st is subject to statutory penalty and interest. request for waiver of penalty and interest must be made before the 181st day from the date of delinquency and payment � made within 21 days of the date the taxpayer knows or should know of the delinquency. waiver of penalty and interest may only be granted if it complies with the requirements of the Texas Property Tax Code 43.011. 33.011 -- WAIVER OF PENALTIES AND INTEREST — http://www.statutes.Ie_qis.state.tx.us/Does/TX/htm/TX.33.htm#33,01 1 Please provide detailed information regarding your request for waiver of penalty and interest: WE SOLD 1207 KNIGHT ST LLS TO TEXAS DEPARTMENT OF TRANSPORTATION IN OCTOBER 2014 AND NEVER RECEIVED ANY TAX STATEMENT FROM DENTON COUNTY, UNTILL NOW FROMSAWKO&BURROUGHS ATTORNEY SAYING WE OWE $2421.46. WE PAID 2013 TAXES $6851.67 CHECK#785 ON 6/19/2014 ACC 34071DEN. SINCE THEN NO STATEMENT FROM DENTON COUNTY NOR NOTIFICATIONS. PLEASE WAIVE PENALTY AND INTERESTS AND MAIL US E REFUND TO: 1207 KNIGHT ST LLC 442 VALLEY VIEW DR. LEWISVILLE, TX 75067 CELL 446-4322 I Please check box if submitting additional documention Denton County Tax Assessor/Col lector P.O, Box 90223 Denton, TX 76201 940-349-3500 Email: property.tax@dentoncounty,com 81312015 Delinquent Tax Statement P & I AND FEES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Tax Account Number: 651794DEN Denton County Tax Assessor /Collector By Mail: P, O. Box 90223 In- Person: 1505 E. McKinney St. Denton, TX 76202 Denton, TX 76209 (940) 349-3500 or Metro (972)434-8835 Owner TEXAS DEPARTMENT OF TRANSPORTATI TXDOT 125 E 11TH ST AUSTIN TX 78701--2 LEGAL DESCRIPTION IStatus. No Action Taken A0996A E. PUCHALSKI, TR 578(PT)(ROW), 0,3183 ACRES Address: .......... . . Citv of Denton Tax Year Tax Due Penalty Interest Penalty 2 Total Due 2014 $524.55 $62.95 $36.72 $124.84 $749.06 R Denton ISD Tax Year Tax Due Penalty Interest Penalty 2 Total Due 2014 $1,171.15 . . .. ........................ . $140.54 $81.98 $278.73 $1.672.40 Total $1,695.70 $203.49 $118.70 $403.57 $2,421.46 Total Taxes Due On all payments reference Tax Account Number. 651794DEN If Paid in August, 2015 If Paid in September, 2015 Pay Tax To: Total Tax: $1,695.70 Total Tax: $1,695.70 Denton County Tax Assessor Total P&I: $322.19 Total P&I: $339.14 P.O. Box 90223 Total Pen 2: $403.57 Total Pen 2: $406.97 Denton, TX 76202 Total Tax Due: $2,421.46 Total Tax Due: $2,441.81 For Crcdit Cards: http:."taxweb.dentoneoutity.com Pursuant to Section 33.011 of the I errs IP ropert y Tax Code, a ii,aque,,st for waiver of penafty and interest must be rnade iri imriting 'to IlDe considered valid. A taxing Unit's Govarrflng Body is responsible for granting of waiver. Request #: 283 Date: 7/8/2015 Name: Linnie First Address: 1426 Kendolph Drive Street Address Denton City 940 382 6930 McAdams Last Apartment/Unit # TX State a, WX*^1 M, I K Home Phone Alternate Phone Email: l.m.mcadams@att.net Account Number(s) 655073DEN, 650104DEN (Attach additonal sheets if necessary) 76205 Zip Code Property taxes must be paid on or before January 31st. A payment made after January 31st is subject to statutory penalty and interest. A request for waiver of penalty and interest must be made before the 181st day from the date of delinquency and payment be made within 21 days of the date the taxpayer knows or should know of the delinquency. waiver of penalty and interest may only be granted if it complies with the requirements of the Taxas Property Tax Code 3.011. 011— WAIVER OF PENALTIES AND INTEREST — htt2://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.33.htm#33,01 1 Please provide detailed information regarding your request for waiver of penalty and interest: hese two properties were sold to TXDOT for the widening of 135. 1 received and Paid y property taxes on accounts 34113DEN and 20961DEN on time. In a conversation with he Law Firm of Sawko & Burroughs I questioned why I was being assessed penalties and nterest on property taxes that I was not previously notified that I owed. Since I am of at fault for this late payment I request that interest & penalties on these 2 roperties be waived. Notice was reed July 3, 2015. Payment made by mail. Please check box if submitting additional documention Denton County Tax Assessor/Collector P.O. Box 90223 Denton, TX 76201 940-349-3500 Email: property.tax@dentoncounty.com 81JI2015 Delinquent Tax Statement P & I AND FEES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Tax Account Number: 650104DEN Denton County Tax Assessor/Collector By Mail: P. 0. Box 90223 In- Person: 1505 E. McKinney St. Denton, TX 76202 Denton, TX 76209 (940) 349-3500 or Metro (972)434-8835 Owner TEXAS DEPARTMENT OF TRANSPORTATI 150 E RIVERSIDE DR AUSTIN TX 78704--1 I-- --- --- - LEGAL DESCRIPTION tatUs: Paid or Otherwise Resolved �FOXHUNT BLK 1 LOT 5 (PT ROW) 5/395A///AB 996 Em Address: R City of Denton Tax Year Tax Due Penalty Interest Penalty 2 Total Due 2014 $124.48 $14.94 $8.71 $29.63 $177.76 Denton ISD Tax Year Tax Due Penalty Interest Penalty 2 Total Due 2014 $277.92 $33.35 $19.45 $66.14 $396.86 Total $402.40 $48.29 $28.16 $95.77 $574.62 Total Taxes Due On all payments reference Tax Account Number.- 650104DEN If Paid in August, 2015 If Paid in September, 2015 Pay Tax To: Total Tax: $402.40 Total Tax: $402.40 Denton County Tax Assessor Total P&I: $76.45 Total P&I: $80.48 P.O. Box 90223 Total Pen 2: $95.77 Total Pen 2: $96.58 Denton, TX 76202 Total Tax Due: $574.62 Total Tax Due: $579.46 for Credit Cards: http.,;laxweb_dentoneounty.com IrIkk 012d,15 Delinquent Tax Statement P & I AND FEES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Tax Account Number. 655073DEN Denton County Tax AssessorlCollector By Mail: P.O. Box 90223 In- Person: 1505 E. McKinney St. Denton, TX 70202 Denton, TX 76209 (940) 349-3500 or Metro (972)434-8835 Owner TEXAS DEPARTMENT OF TRANSPORTATI TXDOT 125 E 11TH ST AUSTIN TX 78701-2 LEGAL DESCRIPTION tus: Paid or Otherwise Resolved Type; R A1246A A. TOMPKINS, TR 11 (PT)(ROW), 0.0262 ACRES 0000000 Address: City of Denton Tax Year Tax Due Penalty Interest Penalty 2 Total Due 2014 $14.24 $1,71 $1.00 $3.39 $20,34 Denton ISD Tax Year Tax Due Penalty Interest Penalty 2 Total Due 2014 $31.80 $3.82 $213 $7.57 $45.42 Total $46.04 $5.53 $3.23 $10.96 $65.76 Total Taxes Due On all payments reference Tax Account Number. 655073DEN If Paid in August, 2015 If Paid in September, 2015 Pay Tax To: Total Tax: $46.04 Total Tax: $46.04 Denton County Tax Assessor Total P&I: $8.76 Total P&I: $9.21 P.O. Box 90223 Total Pen 2: $10.96 Total Pen 2: $11.05 Denton, TV 76202 Total Tax Due: $65.76 Total Tax Due: $66.30 For Credit Cards: ''taxweb.dentoncount hup: y.com Pursuant to Section 33.011 of the Texas Property Tax Cote, a request for waivei, of pawflity and hrrtorest aiust be ma(Je in writirig to be consideii°ed valid. A. taxing tirflt's Governing Body �s responsNe for granting of waiver. Name Address: Request #: 295 Date Kenneth First 2220 San Jacinto Blvd., Suite 30,1 Street Address Denton City 9403841800 Home Phone Email: melanie2000@gmail.com Account Number(s) 650792DEN (Attach additonal sheets if necessary) Z/21/2015 Wright Last Apartment/Unit # TX State Alternate Phone 76205 Zip Code Property taxes must be paid on or before January 31st. A payment made after January 31st is subject to statutory penalty and interest. request for waiver of penalty and interest must be made before the 181st day from the date of delinquency and payment m made within 21 days of the date the taxpayer knows or should know of the delinquency. waiver of penalty and interest may only be granted if it complies with the requirements of the Texas Property Tax Code 2.011, 33.011— WAIVER OF PENALTIES AND INTEREST— http://www,statutes.le.(iis.state,tx.us/Docs/TX/htm/TX.33.htm#33.01l Please provide detailed information regarding your request for waiver of penalty and interest: 11-- ecause of a sale to the State in lieu of condemnation a new tax id number or property ccount number was issued. My clients who own the remainder that was not sold eceived a Delinquent Tax Statement belatedly due to this mix up. Sawko & Burroughs as been handling this matter. My clients recently paid the total amount due of 951.02 and are seeking a waive of the Penalty & Interest of $120.89 and the ollection fee of $158.50. Cheyene with Sawko and Burroughs is aware of this ituation. r— Please check box if submitting additional documention Denton County 'Fax Assessor/Col lector P.O. Box 90223 Denton, TX 76201 940-349-3500 Email: property.tax@dentoncounty.com 81312015 Delinquent TaxStatement P & I AND FEES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Tax Account Number: 650792DEN Denton County Tax Assessor /Collector By Mail: P.O. Box 90223 In- Person: 1505 E. McKinney St. Denton, TX 76202 Denton, 7X 76209 (940) 349-3500 or Metro (972)434-8835 Owner TEXAS DEPARTMENT OF TRANSPORTATI 150 E RIVERSIDE DR AUSTIN TX 78704--1 LEGAL DESCRIPTION tatUS: Paid or Otherwise Resolved A0996A E. PUCHALSKI, TR 582(PT)(ROW), 0.4042 ACRES Address: R ................ . City of Denton Tax Year Tax Due Penalty Interest Penalty 2 Total Duo 2014 $185-16 $22.22 $12.96 $44.07 $264.41 Denton ISD Tax Year Tax Due Penalty Interest Penalty 2 Total Due 2014 $413.40 $49.61 $28.94 $98.39 $590.34 Total $598.56 $71.83 $41.90 $142.46 $854.75 Total Taxes Due On all payments reference Tax Account Number. 650792DEN If Paid in August, 2015 If Paid in September, 2015 Pay Tax To: Total Tax: $598.56 Total Tax: $598.56 Denton County Tax Assessor Total P&I: $113.73 Total P&I: $119.71 P.O. Box 90223 Total Pen 2: $142.46 Total Pen 2: $143.66 Denton, TX 76202 Total Tax Due: $854.75 Total Tax Due: $861.93 T'or Credit Cards: http: taxiveb.denloncountycom Request for Review of Penalty and Interest DENTON COUNTY TAx OFFICE REQUEST FOR REVIEW OF PENALTY AND INTEREST Pursuant to,'Section 33.011 of the Texas Property Tax Code, a request for waiver of penalty and interest must be made in writing to be considered valid. A taxing unit's Governing Body is responsible for granting of waiver. -Please Complete The Following Information:— �Property taxes must be paid on or before January 31 st. A payment made after January 31 st is subject to statutory penalty and interest. , request for waiver of penalty and interest must be made before. the 181 st day from the date of delinquency nd payment must be made within 21 days of the date the taxpayer knows or should know of the waiver of penalty and interest may only be granted if it complies with the requirements of the Taxas operty Tax Code §33.011, 011 -- WAIVER OF PENALTIES AND INTEREST – f7c,�n Ilty ail cantinue"""i to accl tte "i KJnMnqf v,�mt R is that fidf 1pa'yrnf,.,rlt bt-� d4 �hataxkrsq r,,Init I)OdY 3fl'[40VOS ,i WMver of prmalVy and int rev, ,;t, it ovill r<�',hwdcml to ycnl upon f94,,ruipt cdfficiai REASON FOR REQUEST FOR REVIEW OF PENALTY AND INTEREST +t, O * cf,,-4m.44e 4� -Fv^ Acc- 1 51�34alf- 0,16 1p .:r a"enn& 5.wkvi J3Lrrou6k!,, kA r4 spins ;b1c 4f the A0144 4,,x-e,, 6-e-W t'� 16,11s weet w4- 4-b twt'll be- 1�e (,,6eJ6AAe_ -o-6-W Q rCf%AJ 0444'%t, Plewe CJA+'-(-A- Mt My 9,,ri.4i4is. -Tk4,% hffp,flapps.dent=wty.=nftaxreAewI 1/2 Date: 07/21/2015 Name: John Ball First Last I Park Plaza - Bldg 1-3E Street Address Apartment/Unit # Nashville :TN 37203 City State Z ip 615-3442127 Home Phone Alternate Phone Email: John.BallI@HCAhealthcare.com ... ..... . Account Number (Attach additional sheets if necessary) �Property taxes must be paid on or before January 31 st. A payment made after January 31 st is subject to statutory penalty and interest. , request for waiver of penalty and interest must be made before. the 181 st day from the date of delinquency nd payment must be made within 21 days of the date the taxpayer knows or should know of the waiver of penalty and interest may only be granted if it complies with the requirements of the Taxas operty Tax Code §33.011, 011 -- WAIVER OF PENALTIES AND INTEREST – f7c,�n Ilty ail cantinue"""i to accl tte "i KJnMnqf v,�mt R is that fidf 1pa'yrnf,.,rlt bt-� d4 �hataxkrsq r,,Init I)OdY 3fl'[40VOS ,i WMver of prmalVy and int rev, ,;t, it ovill r<�',hwdcml to ycnl upon f94,,ruipt cdfficiai REASON FOR REQUEST FOR REVIEW OF PENALTY AND INTEREST +t, O * cf,,-4m.44e 4� -Fv^ Acc- 1 51�34alf- 0,16 1p .:r a"enn& 5.wkvi J3Lrrou6k!,, kA r4 spins ;b1c 4f the A0144 4,,x-e,, 6-e-W t'� 16,11s weet w4- 4-b twt'll be- 1�e (,,6eJ6AAe_ -o-6-W Q rCf%AJ 0444'%t, Plewe CJA+'-(-A- Mt My 9,,ri.4i4is. -Tk4,% hffp,flapps.dent=wty.=nftaxreAewI 1/2 a1312015 Delinquent Tax Statement P & I AND FEES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Tax Account Number: 655027DEN Denton County Tax Assessor /Collector By Mail: P.O. Box 90223 In- Person: 1505 E. McKinney St. Denton, TX 76202 Denton, TX 70209 (940) 349-3500 or Metro (972)434-8835 LEGAL DESCRIPTION - Ltatus: Paid or Otherwise Resolved DENTON REGIONAL MEDICAL CENTER BLK l(PT)(ROW) LOT 1R-RIR Addre,vs: Citv of Denton Tax Year Tax Due Penalty Interest Penalty 2 Total Due 2014 $2,514.78 $301,77 $176.03 $598.52 $3,591.10 Denton ISD Tax Year Tax Due Penalty Interest Penalty 2 Total Due 2014 $5,614.73 $673.77 $39103 $1,336.31 $8,017.84 Total $8,129.51 $975.54 $569.06 $1,934.83 $11,608.94 Total Taxes Due On all payments reference Tax Account Number.- 655027DEN If Paid in August, 2015 If Paid in September, 2015 Pay Tax To: Total Tax: $8,129.51 Total Tax: $8,129.51 Denton County TaxAS.VeSsor Total P&I: $1,544.60 Total P&I: $1,625.90 P.O. Box 90223 Total Pen 2: $1,934.83 Total Pen 2: $1,951.09 Denton, TX 76202 Total Tax Due: $11,608.94 Total Tax Due: $11,706.50 For Credit Cards: hup, raxweb.dentoncouq y.com .' R 7/21/2Of5 Request for Review of Penalty and Interest Pursuant to Section 33.011 of the Texas Property Tax Code, a request for waiver of penalty and interest Must be made in writing to be considered valid, A taxing unit's Governing Body is responsible for granting of waiver. Please Complete The Following Information: Name: John First I Park Plaza - Bldg 1-3E Street Address Nashville City 615-344-2127 Home Phone Email: John. Balil@HCAhealthcare.com Account Number 654998DEN (Attach additonal sheets if necessary) Alternate Phone Property taxes must be paid on or before January 31st, A payment made after January 31st is subject to statutory penalty and interest. A request for waiver of penalty and interest must be made before the 181 st day from the date of delinquency and payment must be made within 21 days of the date the taxpayer knows or should know of the delinquency. A waiver of penalty and interest may only be granted if it complies with the requirements of the Taxas Property Tax Code §33.011. �33.01 I—WAIVER OF PENALTIES AND INTEREST — Pcxw,ilt) ,! arM llnt'ernst cc)ntinu(',.,s to accrtio 01at h"111 jr"myr� te I I t l.: o re'rilittud. If the ta.�Idrlg emit gavarning body appravf'-as a Waiver of t�Crialty and 4jf,%rt,,wst t ,,(01 be to You uip<',n'j receipt of official actioll, REASON FOR REQUEST FOR REVIEW OF PENALTY AND INTEREST This account was created after a split with parcel 33068. Parcel 654998DEN was then Sold to the Texas Department of Transportation for Right of Way purposes. FICA is responsible for 2014 property taxes however, Per Cheyenne Defee at Sawko & Burroughs, the 2014 bill was Sent to Texas DoT. Cheyenne stated a refund of the Penalty and Interest would be issued upon the submission of this form. Please contact me with any questions. -John Ball 17 81312015 Delinquent Tax Statement P & I AND FEES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Tax Account Number., 654998DEN Denton County Tax Assessor /Collector By Mail: P.O. Box 90223 In- Person: Denton, TX 76202 (940) 349-3500 01* Owner TEXAS DEPARTMENT OF TRANSPORTATI TXDOT 125 E 11 TH ST AUSTIN TX 78701--2 1505 E. McKinney St. Denton, IX 76209 Metro (972)434-8835 LEGAL DESCRIPTION WMS: Paid 0, Otherwise Resolved A0784A D LOMBARD, TR 10(PT)(ROW), 1.502 ACRES Address: ............... City of Denton Tax Year Tax Due Penalty Interest Penalty 2 Total Due .. .. ......... 2014 $1,479.96 $177.60 $103.60 $352.23 $2,11139 Denton ISD Tax Year Tax Due Penalty Interest Penalty 2 Total Due 2014 $3,304.30 $396.52 $231.30 $786,42 $4,718.54 Total $4,784.26 $574.12 $334.90 $1,138,65 $6,831.93 Total Taxes Due On all payments reference Tax Account Number. 654998DEN If Paid in August, 2015 If Paid in September, 2015 Pay Tax To: Total Tax: $4,784.26 Total Tax: $4,784.26 Denton County Tax Assessor Total P&I: $909.02 Total P&I: $956.86 P.O. Box 90223 Total Pen 2: $1,138.65 Total Pen 2: $1,148.22 Denton, 7X 76202 Total Tax Due: $6,831.93 Total Tax Due: $6,889.34 Foi- Credit Cards: http: taxweb,dentoncozenty.com PurSLAant to Section 33.0,11 of the Texas Property 1'ax Code, a m,,equest for waivei of penalty and interest must be rinade in w0 i g to be considered valid. A taxing uil''ilts Governing jElllody is respponsffi k% foll,"r granting of al um, Request #: 313 Name: James First Address: 2101 Pembrooke Place Street Address Denton City 940-367-1184 Home Phone Email: jamesking@agentsalliance.biz Account Number(s) 651744DEN (Attach additonal sheets if necessary) Date: 7/28/2015 King Last Apartment/Unit # TX State Alternate Phone 76205 Zip Code IProperty taxes must be paid on or before January 31st. A payment made after January 31st is subject to statutory penalty and interest. request for waiver of penalty and interest must be made before the 181st day from the date of delinquency and payment m � made within 21 days of the date the taxpayer knows or should know of the delinquency. waiver of penalty and interest may only be granted if it complies with the requirements of the Texas Property Tax Code 1011. 011 — WAIVER OF PENALTIES AND INTEREST — http://www,statutes.Ieqis.state.tx.us/Docs/TX/htm/TX.33.htm#33.01 I Please provide detailed information regarding your request for waiver of penalty and interest: his is for a lot that we sold to Texas DOT. We paid the tax we owed on the remainder of and what we thought was this part as well in Dec 2014. We were never presented ith this bill and paid is ASAP after receipt. We request that you waive the penalty ad interest as we were never presented this bill and did not know it was outstanding T— Please check box if submitting additional documention Denton County Tax Assessor/Col lector P.O. Box 90223 Denton, TX 76201 940-349-3500 Email: property.tax@dentoncounty.com 81312015 Delinquent Tax Statement P & I AND FEES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Tax Account Number. 651744DEN Denton County Tax Assessor/Collector By Mail: P.O. Box 90223 In- Person: 1505 E.McKinney St. Denton, TX 70202 Denton, TX 76209 (940) 349-3500 or Metro (972)434-8835 Owner TEXAS DEPARTMENT OF TRANSPORTATI TXDOT 125 E 11TH ST AUSTIN TX 78701--2 LEGAL DESCRIPTION tqtqs: Paid or Otherwise Resolved SUNRISE CENTER LOT 2B(PT)(ROW) Address: Citv of Denton Tax Year Tax Due Penalty Interest Penalty 2 Total Due 2014 $586.37 $70.36 $41.05 $139.56 $837.34 R Denton ISD Tax Year Tax Due Penalty Interest Penalty 2 Total Due 2014 $1,309.18 $157.10 $91.64 $311.58 $1,869.50 Total $1,895.55 $227,46 $132.69 $451.14 $2,706.84 Total Taxes Due On all payments reference Tax Account Number. 651744D EN If Paid in August, 2015 If Paid in September, 2015 Pay Tax To: Total Tax: $1,895.55 Total Tax: $1,895.55 Denton County TaxAssessor Total P&l: $360.15 Total P&I: $379.10 P.O. Box 90223 Total Pen 2: $451.14 Total Pen 2: $454.93 Denton, TY 76202 Total Tax Due: $2,706.84 Total Tax Due: $2,729.58 T'or Credit Cards: hup; taxweb.dentoncounly.com .......... DENTON COUNTY TAX OFFICE •fir REQUE -sT FOR REVIEW OF PENALTY Am) INTEREST' lPlursuarit to Section 33.011 of the "rexas Property Tax Code, n request for mralver of penalty and interest must be made in wridiiig to be cons idea red wdid. A taxing unit ®e Governing IlBody is responsible for granting of waiver. Name Address: Request #: 315 Jay First 2201 Fairfax Trail Street Address Denton City 940-382-8717 Home Phone Email: JAYMORI@GMAIL.COM Account Number(s) 637181 (Attach additonal sheets if necessary) Date: 7/28/2015 Patel Last Apartment/Unit # TX 76205 State Zip Code 940-206-8557 Alternate Phone perty taxes must be paid on or before January 31 st. A payment made after January 31 st is subject to statutory penalty and rest. I request for waiver of penalty and interest must be made before the 181st day from the date of delinquency and payment m e made within 21 days of the date the taxpayer knows or should know of the delinquency. waiver of penalty and interest may only be granted if it complies with the requirements of the Texas Property Tax Code 3.011, 011— WAIVER OF PENALTIES AND INTEREST — htti)://www.statutes. legis.state.tx.us/Does/TX/htm/TX.33.ht #33.011 Please provide detailed information regarding your request for waiver of penalty and interest: property was acquired by TXDOT in April 2014 and property tax records were not aced. r " Please check box if submitting additional documention Denton County Tax Assessor/Col lector P.O. Box 90223 Denton, TX 76201 940-349-3500 Email: property.tax@dentoncounty.com 81312015 Delinquent Tax Statement P & I AND FEES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Tax Account Number., 637181 DEN Denton County Tax Assessor /Collector By Mail: P.O. Box 90223 In- Person: 1505 E. McKinney St. Denton, TX 76202 Denton, TX 76209 (940) 349-3500 or Metro (972)434-8835 Owner Vajia Inv Corp 2201 Fairfax TrI Denton TX 76205 LEGAL DESCRIPTION to VAJITA ADDN BLK A LOT 2(PT)(ROW) Property Address: 0000000 : Paid or Otherwise Resolved Type; R City of Denton Tax Year Tax Due Penalty Interest Penalty 2 Total Due 2014 $190.34 $22.84 $13.32 $45.30 $271.80 Denton ISD Tax Year Tax Due Penalty Interest Penalty 2 Total Due 2014 $424.98 $51.00 $29.75 $101.15 $606.88 Total $615.32 $73.84 $43.07 $146.45 $878.68 Total Taxes Due On all payments reference Tax Account Number: 637181 DEN If Paid in August, 2015 If Paid in September, 2015 Pay Tax To: Total Tax: $615.32 Total Tax: $615.32 Denton County Tax Assessor Total P&I: $116.91 Total PU $123.07 P.O. Box 90223 Total Pen 2: $146.45 Total Pen 2: $147.68 Denton, 7X 76202 Total Tax Due: $878.68 Total Tax Due: $886,07 T'ar Credit Cards: http. taxiveb.dentoncounty.com City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN File #: ID 15 -765, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: September 1, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of a Skytrak Model 10042 Telehandler for the City of Denton Electric Substations division; and providing an effective date (File 5917- awarded to Kirby -Smith Machinery, Inc. in the amount of $125,600). The Public Utilities Board recommends approval (7 -0). FILE INFORMATION This item is for the purchase of one (1) equipment addition for the Electric Substations Division. The telehandler will allow DME crews to handle large items at a high working height. The addition was approved in the 2014 -2015 fiscal year budget and will be purchased through Buy Board Cooperative Purchasing Network Contract# 424 -13. Quotes were requested from two (2) cooperative contract vendors for five (5) different models of telehandlers. The lowest priced model was not awarded because the Fleet Department determined that the DME Substation crews require a minimum of 10,000 lb capacity. This equipment is not available from local vendors. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 24, 2015, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award the purchase of a Skytrak Model 10042 Telehandler to Kirby -Smith Machinery, Inc. in the amount of $125,600. PRINCIPAL PLACE OF BUSINESS Kirby -Smith Machinery, Inc. Fort Worth, Texas City of Denton Page 1 of 2 Printed on 8/27/2015 File #: ID 15 -765, Version: 1 ESTIMATED SCHEDULE OF PROJECT The purchase and delivery of the Skytrak Telehandler will occur within 90 days of purchase order issuance. FISCAL INFORMATION This item will be funded from Fleet operating account 603757605.1355.3920. Requisition 4125291 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Equipment Pricing Comparison/Quotes Exhibit 2: Public Utility Board Minutes Exhibit 3: Ordinance Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Terry Kader at 349 -8729. City of Denton Page 2 of 2 Printed on 8/27/2015 EXHIBIT 1 Telehandler Equipment Comparison Make Height Capacity Cost Difference % Difference Vendor JLG 43' 9,0001b $118,020 - - Kirby Smith Machinery Skytrak 42' 1,1b $125,600 $7,580 6% Kirby Smith Machinery Skytrak 54' 10,0001b $143,250 $25,230 21% Kirby Smith Machinery CAT 45' 11,0001b $143,412 $25,392 22% Holt CAT JLG 55' 10,0001b $147,840 $29,820 25% Kirby Smith Machinery All units include Pneumatic Tires, Work Lights, Road Lights, Beacon, Fenders, Side Shifting Carriage, 6' Forks EXHIBIT 1 PC. Box 270300 Oklahoma City; OK 73137 405.495.7820 800.375.3339 405. 78 7,59,73 fax Abilene 162'9 Vision Cave Abilene, Texas 79602 325, 692.6334 877.577.5729 325.692.4035 fax Amarillo 392'2 8.40 East Amarillo, Texas 79103 806.373,28 26 800.283.1247 806.373.4841 fax Dallas 8505 S. Central Expwy Dallas, Texas 75241 214.371.7777 800, 753.1247 214.375.7903 fax Pt. Worth 1450 NE Loop 820 Pt, worth, 7Y 76106 817.378.0600 877.851.9977 817.378.0080 fax Kansas City 8320 RubyAvenue Kansas City KS 66111 913,850.6300 877.851.5729 Lubbock' 3201 Siaton Hwy. 84 East Lubbock, Texas 79404 806, 745.2112 866.289.6087 806.745.2102 fax Oklahorna City 6745 w Reno Oklahoma City, OK 73127 405495.7820 800.375.3339 405.787.5973 fax St. Louis 12920 Cravois Rd St. Loads, MO 63127 34 729.0125 866.279.1392 314,729. 1317 fax Tulsa 12321 E. Pine St. Tulsa, OK 74116 918,43& 1700 800.375.3733 918.437.7065 fax July 21, 2015 Mr. Charles Rosendahl City Of Denton 901 B Texas Street Denton, TX 76209 Dear Charles: Revised July 27, 2015 We are pleased to quote the following for your consideration: (1) JLG Skytrak telehandler- Model: 10042 Unit# N.I.S., S/N Factory Order. Price: $125,600.00 The following factory and dealer options are included: • All standard factory equipment, (see attachment) • Pnuematic tires -17.5 X 25, • Work light package (2 front- 2 rear), • Road and work light package, • Rotating beacon, • Fenders- set of four (4), • Side shift carriage, • Pallet forks- 2 X 6 X 72 inch, • Outriggers are standard To be purchased through BuyBoard Cooperative. Contract # 424 -13 Contract price is $176,580.00; less contract discount of 15% ( - $26,487.00); less TK discount of $24,493,00; new net selling price of $125,600.00. Price Complete, Delivered: $125,600.00 Please note that Kirby -Smith Machinery is an authorized distributor of JLG equipment with responsibility of Sales, Rentals, Parts, Service, and warranty. When you decide which unit is selected, I will make up the proper BuyBaord document. We believe the equipment as quoted will exceed your expectations. On behalf of Kirby -Smith Machinery, Inc., thank you for the opportunity to quote Komatsu machinery. Sincerely, Sol Gieser Texas - Governmental Sales Manager Your Source for a World" of Equipment www kir by- smith. corn EXHIBIT 1 July 16, 2015 CITY OF DENTON FLEET SERVICES 804 TEXAS ST DENTON, TEXAS 762094330 Attention: CHARLIE ROSENDAHL RE: Quote 157046 -01 Quote 157046 -01 Thank you for this opportunity to quote Caterpillar products for your business needs. We are pleased to quote the following for your purchase consideration. One (1) New CATERPILLAR INC Model: TH514C TeleHandlers with all standard equipment in addition to the additional specifications listed below: STOCK NUMBER: HLK025730 SERIAL NUMBER: OMWC00564 YEAR: 2015 SMU: 3 STANDARD EQUIPMENT BOOMS, STICKS AND LINKAGES - Three section boom - with non - metallic wear pads - Coupler tilt angle maintained auto- - matically throughout boom range - by a compensation cylinder - CYLINDERS - Main lift, extension and tilt cylinders - protected by check valves POWERTRAIN -Cat C3.413 Diesel engine, 75 kW/ 101 hp - Stage 1116 (Tier IVi) compliant - 4 section cooling pack -Air to air charge cooler - Engine coolant - Hydraulic oil - Transmission oil - Fuel cooler - Water separator - Duel element air filter - with condition indicator - CAT powershift transmission - Four forward, three reverse gears - F -N -R and gear change on joystick - Spin on engine oil filter - Spin on hydraulic filter - Spin on transmission filter - Planetary drive axles with full -time, - mechanical four -wheel drive - Power- assisted, hydraulic braking system - Enclosed oil disc brakes on front axle - Limited slip differential on front axle - Dry disc parking brake - Transmission disconnect on brake pedal - Steer cylinders protected above axles - Three steering modes: circle, crab and - two -wheel front steer with automatic - alignment HYDRAULICS - Load sensing, torque regulated variable - flow piston pump - Max flow 150L/min - Max pressure 250 bar - Electronic joystick, simultaneous and - proportional control to all four boom - functions - One auxilary hydraulic service with - continous flow facility - Lock valves on load carrying cylinders ELECTRICAL - 12 volt electrical system - 120 ampere alternator - 900 CCA maintenance -free battery - Anti - restart key switch - Horn - Audible back -up alarm - Electronic control module - 12 volt internal and external - power sockets - Electronic Technician diagnostic - connector - OPERATOR ENVIRONMENT - ROPS certified cabin isolated on - rubber mounts - Multi function jopystick - Interactive LCD monitor - 2 way adjustable mechanical suspension - seat - Seat belt - Left and right side rear view mirrors - Interior mirror - Windscreen wiper washer - Rear window wiper - Floor mat - Steering wheel with spinner knob - Load charts - Fuse panel - TIRES, RIMS, AND WHEELS - USA/CANADA: Goodyear 15.5x25, SGL tires - EUROPE: Mitas 15.5/80 -24 tyres, 16ply FLUIDS - Extended life Antifreeze -34F / -37C - OTHER STANDARD EQUIPMENT - Integral lift and tie -down points - Manual IT interface quick coupler - Rear counterweight - INSTRUCTIONS - Operation and maintenance manual - Parts manual on CD -ROM Page 1 of 3 EXHIBIT I Quote 157046 -01 MACHINE SPECIFICATIONS Page 2 of 3 F.O.B/TERMS: Fort Worth - Machine Division Accepted by EXHIBIT I on Signature Quote 157046 -01 Thank you for your interest in Holt CAT and Caterpillar products for your business needs. This quotation is valid for 30 days, after which time we reserve the right to re- quote. If there are any questions, please do not hesitate to contact me. Sincerely, Bryan Nichols Machine Sales Representative Holt CAT Bryan. Nichols @holtcat.com 817.308.6612 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 2 DRAFT MINUTES PUBLIC UTILITIES BOARD August 24, 2015 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, August 24, 2015 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Secretary Randy Robinson, Phil Gallivan, Barbara Russell, Lilia Bynum, Charles Jackson and Brendan Carroll Ex Officio Members: George Campbell City Manager and Howard Martin, ACM Utilities OPEN MEETING: CONSENT AGENDA: 4. Consider recommending adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a telehandler for the City of Denton Electric Substations Department; and providing an effective date (File 5917- telehandler awarded to Kirby Smith Machinery, Inc. in the amount of $125,600.00). Motion was made to approve item 5 by Board Member Gallivan with the second by Board Member Russell. The vote was 7 -0 approved. Adjournment 9:42 a.m. EXHIBIT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF A SKYTRAK MODEL 10042 TELEHANDLER FOR THE CITY OF DENTON ELECTRIC SUBSTATIONS DIVISION; AND PROVIDING AN EFFECTIVE DATE (FILE 5917- AWARDED TO KIRBY- SMITH MACHINERY, INC. IN THE AMOUNT OF $125,600). WHEREAS, pursuant to Ordinance 2005 -034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the "File Number" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 5917 Kirby -Smith Machinery, Inc. $125,600 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. EXHIBIT 3 SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5917 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 12015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -767, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: September 1, 2015 SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the reconstruction of Lillian Miller Parkway from the IH 35E frontage road to north of Teasley Lane; providing for the expenditure of funds therefor; and providing an effective date (Bid 5869- awarded to the lowest responsible bidder meeting specification, Jagoe- Public Company in the amount of $1,577,075.25). BID INFORMATION This item is for the construction of asphalt roadway for the Lillian Miller Parkway Capital Improvement Plan project which consists of the full depth reconstruction of asphalt pavement from the I -35E southbound frontage road to north of Teasley Lane. The project includes the replacement of existing curb and gutter, sidewalk, and ADA ramps as needed. Standard City of Denton purchasing procedures were utilized. Bid notices were advertised in the local paper, posted on the internet, and emailed to 648 prospective bidders. Bids for the construction phase of this project were received on August 13, 2015. There were two bidders with a range in bids from $1,577,075.25 to $1,713,287.53. The engineer's opinion of probable construction cost (OPCC) for the work was $2,000,000. The bid summary is enclosed as Exhibit 1. The low bidder for this project, Jagoe -Public Company, appears to meet all of the necessary requirements for qualification on this project. RECOMMENDATION Award Bid 5869 to the lowest responsible bidder meeting specification, Jagoe- Public Company in the amount of $1,577,075.25. PRINCIPAL PLACE OF BUSINESS Jagoe- Public Company Denton, TX ESTIMATED SCHEDULE OF PROJECT This project will begin upon Council approval and is estimated to be completed within 140 days. City of Denton Page 1 of 2 Printed on 8/27/2015 File M ID 15 -767, Version: 1 FISCAL INFORMATION Funding for this project will come from the Street Capital Project Fund account number 350377467.1350.40100. Requisition 4125342 has been entered in the Purchasing software system. EXHIBITS Exhibit l: Bid Tabulation Sheet Exhibit 2: Ordinance Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Keith Gabbard at 349 -7144. City of Denton Page 2 of 2 Printed on 8/27/2015 EXHIBIT 1 IFB 5869 - Tabulation Sheet for Reconstruction of Lillian Miller Parkway i I Respondent's Name: Jagoe - Public Company Pavecon Public Works, LP ii Principal Place of Business (City and State): Denton, TX Grand Prairie, TX iii Respondent is a Corporation, Partnership, Sole Proprietorship, Individual? Corporation Limited Partnership iv Total calendar days after Notice to Proceed is issued by City for substantial completion (Maximum of 140): 140 140 v Total calendar days after Notice to Proceed is issued by City for project start (max 10): 10 10 Item Description Quantity Unit Unit Price Total Unit Price Total 1 Surety Bonds 1 LS $ 20,000.00 $ 20,000.00 $ 21,050.00 $ 21,050.00 2 Mobilization 1 LS $150,000.00 $ 150,000.00 $ 18,800.00 $ 18,800.00 3 Temporary Erosion Control 1 LS $ 17,000.00 $ 17,000.00 $ 4,000.00 $ 4,000.00 4 General Site Preparation 1 LS $ 40,000.00 $ 40,000.00 $ 43,500.00 $ 43,500.00 5 Project Signs 2 EA $ 400.00 $ 800.00 $ 450.00 $ 900.00 6 Remove Concrete Curb and Gutter 2292 LF $ 7.00 $ 16,044.00 $ 4.51 $ 10,336.92 7 Remove Concrete Sidewalks and Ramps 8772 SF $ 1.50 $ 13,158.00 $ 1.20 $ 10,526.40 8 Remove Median Pavement 4244 SF $ 1.50 $ 6,366.00 $ 4.00 $ 16,976.00 9 Remove Concrete Drive Approach 2881 SF $ 2.50 $ 7,202.50 $ 1.25 $ 3,601.25 10 Remove and Replace Small Signs 11 EA $ 400.00 $ 4,400.00 $ 675.00 $ 7,425.00 11 Remove Concrete Pavement 548 SY $ 30.00 $ 16,440.00 $ 14.00 $ 7,672.00 12 Remove Asphalt Pavement 20482 SY $ 5.25 $ 107,530.50 $ 9.00 $ 184,338.00 13 3" Asphalt Milling 880 SY $ 8.00 $ 7,040.00 $ 11.55 $ 10,164.00 14 10" Lime Subgrade Treatment 20824 SY $ 3.00 $ 62,472.00 $ 3.75 $ 78,090.00 15 Lime at 7% (55 Ibs /SY) 573 Ton $ 145.00 $ 83,085.00 $ 156.28 $ 89,548.44 16 3" Type C Surface (PG 64 -22) 21921 SY $ 12.00 $ 263,052.00 $ 14.10 $ 309,086.10 17 6" Type B Base (PG 64 -22) 20824 SY $ 21.00 $ 437,304.00 $ 26.25 $ 546,630.00 18 6" Curb and 18" Gutter 1454 LF $ 22.00 $ 31,988.00 $ 19.00 $ 27,626.00 19 6" Surmountable Curb 30 LF $ 28.00 $ 840.00 $ 26.65 $ 799.50 20 4" Concrete Sidewalk 11429 SF $ 5.25 $ 60,002.25 $ 6.00 $ 68,574.00 21 5' Wide Type 1A Ramp (3' Long) 1 EA $ 920.00 $ 920.00 $ 1,690.00 $ 1,690.00 22 5' Wide Type 1A Ramp (4' Long) 4 EA $ 920.00 $ 3,680.00 $ 1,330.00 $ 5,320.00 23 5' Wide Type 1A Ramp (5' Long) 3 EA $ 1,035.00 $ 3,105.00 $ 1,395.00 $ 4,185.00 24 5' Wide Type 1A Ramp (6' Long) 14 EA 1 $ 1,210.00 $ 16,940.00 $ 1,715.00 $ 24,010.00 25 5' Wide Type 1A Ramp (7' Long) 1 EA $ 1,265.00 $ 1,265.00 $ 1,730.00 $ 1,730.00 26 5' Wide Type 1A Ramp (8' Long) 8 EA $ 1,325.00 $ 10,600.00 $ 1,745.00 $ 13,960.00 27 5' Wide Type 1A Ramp (10' Long) 1 EA $ 1,380.00 $ 1,380.00 $ 1,755.00 $ 1,755.00 28 10" Concrete Pavement 57 SY $ 69.00 $ 3,933.00 $ 91.75 $ 5,229.75 29 8" Concrete Pavement Intersection Radius Pavement 258 SY 1 $ 63.25 $ 16,318.50 $ 100.50 $ 25,929.00 30 8" Flexbase 237 SY $ 28.00 $ 6,636.00 $ 32.35 $ 7,666.95 31 6" Concrete Drive Approach 325 SY $ 60.00 $ 19,500.00 $ 102.50 $ 33,312.50 32 Concrete Median Nose 10 EA $ 345.00 $ 3,450.00 $ 750.00 $ 7,500.00 33 4" Patterned Concrete 1317 SF $ 13.00 $ 17,121.00 $ 15.25 $ 20,084.25 34 Small Signs 1 EA 1 $ 425.00 $ 425.00 $ 655.00 $ 655.00 35 Pavement Markings and Raised Pavement Markers 1 LS $ 15,000.00 $ 15,000.00 $ 18,100.00 $ 18,100.00 36 Remove & Replace Sidewalk Expansion Joints 400 LF $ 4.50 $ 1,800.00 $ 7.00 $ 2,800.00 37 Barricades, Signs and Traffic Control 1 LS $ 79,000.00 $ 79,000.00 $ 40,600.00 $ 40,600.00 38 Topsoil (off -site source) 150 CY $ 60.00 $ 9,000.00 $ 35.37 $ 5,305.50 39 Bermuda Solid Sod 425 SY $ 11.50 $ 4,887.50 $ 7.50 $ 3,187.50 40 P Sidewalk Toe Walls 114 SF $ 21.00 $ 2,394.00 $ 17.15 $ 1,955.10 41 Temporary Median Opening 150 SY $ 60.00 $ 9,000.00 $ 85.35 $ 12,802.50 EXHIBIT 1 Item IDescription Quantity Unit Unit Price Total Unit Price Total 42 Temporary Driveway 1 LS $ 3,900.00 $ 3,900.00 $ 14,100.00 $ 14,100.00 43 Concrete Riprap Slope Protection 37 SF $ 8.00 $ 296.00 $ 31.51 $ 1,165.87 44 Remove Pedestrian Crossing Post 1 EA $ 1,800.00 $ 1,800.00 $ 600.00 $ 600.00 Total 1 $ 1,577,075.25 1 1 $ 1,713,287.53 EXHIBIT 2 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RECONSTRUCTION OF LILLIAN MILLER PARKWAY FROM THE IH 35E FRONTAGE ROAD TO NORTH OF TEASLEY LANE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 5869- AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, JAGOE- PUBLIC COMPANY IN THE AMOUNT OF $1,577,075.25). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations ", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 5869 Jagoe- Public Company $1,577,075.25 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. EXHIBIT 2 SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under Bid 5869 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY p BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -768, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: September 1, 2015 SUBJECT Consider adoption of an ordinance approving the expenditure of funds for the purchase of a Phosphax Phosphorous Control System for Real Time Metering of Phosphorous at the Pecan Creek Water Reclamation Plant including one (1) year maintenance and a three (3) year agreement for the purchase of parts, which are available from only one source and in accordance with Texas Local Government Code 252.022, such purchases are exempt from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 5891- awarded to Hach Company in the three (3) year not -to- exceed amount of $335,947). The Public Utilities Board recommends approval (4 -0). FILE INFORMATION The Pecan Creek Water Reclamation Plant (PCWRP) regulatory permit requires that the City of Denton meet the phosphorus discharge permit limit by June 2016. The process chosen for meeting the phosphorus limit is the application of ferric chloride to precipitate the phosphorus in the process train. The HACH Company Phosphax Phosphorous Control System will provide real -time sampling and metering of the phosphorus levels at various stages of the treatment train and supply this data to the respective pumps providing the ferric chloride feed. This real time phosphorous level information from the Phosphax system will be used in conjunction with the real time plant flows to provide a calculated dose of ferric chloride to precipitate the phosphorus to meet Texas Commission on Environmental Quality (TCEQ) permit requirements. The Phosphax system is fully compatible with the plant's Supervisory Control and Data Acquisition (SCADA) System communication controllers. The Water and Wastewater departments also use Hach Company products in their daily operations at various facilities for testing, monitoring, and real time control of plant operation as well as flow measurement in the Wastewater Collection System. Hach Company is the sole authorized manufacturer and direct distributor of the Phosphax Phosphorous Control System (Exhibit 2). Therefore, staff is recommending Hach Company as the sole source provider of this product (Exhibit 3). Chapter 252.022 of the Texas Local Government Code exempts from the competitive bid process, those supplies and resources protected by copyright or patent and available as a sole source. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 27, 2015, the Public Utilities Board recommended approval to forward the purchase of the Phosphax Phosphorous Control System for Real Time Metering to the City Council for consideration. City of Denton Page 1 of 2 Printed on 8/27/2015 File #: ID 15 -768, Version: 1 On August 24, 2015, the Public Utilities Board recommended approval to forward the Hach Company Sales Agreement for the purchase of Hach equipment products to be used by the Water and Wastewater Departments to the City Council for consideration. RECOMMENDATION Approve the purchase of a Phosphax Phosphorous Control System for Real Time Metering of Phosphorous at the Pecan Creek Water Reclamation Plant including one (1) year maintenance and a three (3) year agreement for the purchase of parts from Hach Company in the three (3) year not -to- exceed amount of $335,947. PRINCIPAL PLACE OF BUSINESS Hach Company Loveland, CO ESTIMATED SCHEDULE OF PROJECT The installation of the Phosphorous Control System is estimated to be completed within thirty (30) days of Purchase Order issuance. FISCAL INFORMATION This purchase will be funded from the Wastewater Capital Project Fund account 640241545.1360.40100. Requisition# 125072 has been entered in the Purchasing software system. FYHIRITC Exhibit l: Quote Exhibit 2: Hach Sole Source Memo Exhibit 3: Staff Sole Source Memo Exhibit 4: Public Utilities Board Draft Minutes Exhibit 5: Ordinance Exhibit 6: Agreement Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: PS Arora at 349 -7189. City of Denton Page 2 of 2 Printed on 8/27/2015 Be ftht "' Quote Number: 100071519v6 Use quote number at time of order to ensure that you receive prices quoted Quote Date: 07/14/2015 CITY OF DENTON ACCTS PAYABLE 215 E MCKINNEY ST DENTON, TX 76201 -4299 Name: Rusty Willard Phone: 940-349-7525 Email: rusty.willard @cityofdenton.com Customer Account Number: 088290 EXHIBIT I Quote Expiration: 09/15/2015 Sales Contact: Gail Feikes Email: gfeikes @hach.com Phone: 800 - 227 -4224 Quotation Hach Company PRTCIC - P CONTROL SYSTEM PO Box 608 PRTCIC Loveland, CO 80539 -0608 Phone: (800) 227 -4224 Email: quotes @hach.com Website: www.hach.com Page I of 3 PRTCIC - P CONTROL SYSTEM 1 PRTCIC KTO: P CONTROL SYSTEM 2 34,650.00 10% 31,185.00 62,370.00 System includes: RTC101 P- Module for Phosphorus Control, PHOSPHAX sc Analyzer, Filtrax, Filtrax Mounting Hardware, sc1000 Digital Controller, communication hardware and other accessories. The Field Service Partnership includes instrument support that covers all parts, labor and travel for on -site repairs on the (1) RTC - 1 PM visit, (1) Phosphax - 2 PM visit, (1) Filtrax - 4 PM visit, and (1) sc1000 - 1 PM visit. This service also includes all factory recommended calibrations and maintenance (including required parts) *, unlimited technical support calls, and free firmware updates. Standard business hours are 6am -6pm M -F 2 FSPP -RTC local time, excluding holidays. On -site response for "down" 2 7,018.00 7,018.00 14,036.00 instrument repairs is typically 3 business days. Please see service terms and conditions for additional details on our service plans, and to ensure you have an opportunity to review our environmental and safety requirements. *Preventative Maintenance and calibration requirements vary by product, therefore not all instruments will receive preventative maintenance and calibration upon scheduled visits. Commissioning will be charged separately. Subtotal $ 76,406.00 PRTCIC - P -RTC PHOSPHORUS CONTROL SYSTEM, 2 -CH Real Time Phosphorus Control System, which includes Phosphax 3 PRTCIC sc, RTC101 -P Module (2- channel), sc1000 controller, Filtrax, RTC 1 49,400.00 10% 44,460.00 44,460.00 communication card, and accessories. System includes: RTC101 P- Module for 2- channel Phosphorus Control, 2- channel PHOSPHAX sc Analyzer, 2 Filtrax and Filtrax Mounting Hardware, sc1000 Digital Controller, communication hardware and other accessories. Page I of 3 Qty 1 of the following part numbers included in PRTC1C: 2600 - 0158 -001 EWON UNIT, FOR REMOTE ACCESS 2825254 REAGENT F /PHOSPHAX ANALYZER, 2000ML 2825352 CLEANING SOL'N F /PHOSPHAX, 1000ML LXV294.54.00000 db FILTRAX CONTROL MODULE, 115VAC LXV400.99.10082 MODULE, SC1000 PROBE 6 SENS 110 -230V LXV402.99.10002 sc1000 Display with TCP /IP, no GSM LXV407.99.01010 RTC101 P- MODULE, 1- CHANNEL, 90 -240 V LZX414.00.40000 Filtrax Mounting Kit, Basin Wall LXV422.99.13002 db PHOSPHAX sc PHOSP ANLZ 115- 230V,1 CH LZX669 FILTRAX MODULE HOLDER 5MM HOSE 115V LZX671 FILTRAX DELIVERY HOSE, 10M, 115V LZX676 Filtrax Control Module Mounting Kit LZX958 sc1000 sunshield LZY285 PHOSPHAX rail mount kit YAB076 sc1000 Relay card YAB117 RTC SYSTEMS COMMUNICATION CARD YAB019 4 -20mA output card LZY286 KIT, MTG HRDWARE,STAND MT,AMTAX sc The following part numbers included in PRTC2C: 2600 - 0158 -001 EWON UNIT, FOR REMOTE ACCESS -Qty1 2825254 REAGENT F /PHOSPHAX ANALYZER, 2000ML -Qty1 2825352 CLEANING SOL'N F /PHOSPHAX, 1000ML -Qty1 LXV294.54.00000 db FILTRAX CONTROL MODULE, 115VAC -Qty 2 LXV400.99.10082 MODULE, SC1000 PROBE 6 SENS 110- 230V -Qty1 LXV402.99.10002 db as sc1000 DISPLAY MODULE, TCP, NO GSM -Qty1 LXV407.99.01011 RTC101 P- MODULE, 2- CHANNEL, 90 -240 VAC -Qty1 LXV422.99.14002 PHOSPHAX sc PHOSP ANLZ 115- 230V,2 CH -Qty1 LZX414.00.40000 MOUNTING KIT WITHOUT ADAPTER -Qty2 LZX669 FILTRAX MODULE HOLDER 5MM HOSE 115V -Qty 2 LZX671 FILTRAX DELIVERY HOSE, 10M, 115V -Qty 2 LZX676 HOLDER, CONTROL UNIT (FILTRAX) -Qty 2 LZX958 SUNSHIELD, SC1000 -Qty1 LZY285 KIT, MTG HRDWARE,RAIL MT,AMTAX sc W/ -Qty1 YAB076 RELAY CARD, 4 POS. TYPE C, SC1000 -Qty1 YAB117 RTC SYSTEMS COMMUNICATION CARD -Qty1 YAB019 4 -20mA output card -Qty1 LZY286 KIT, MTG HRDWARE,STAND MT,AMTAX sc -Qty1 Page 2 of 3 The Field Service Partnership includes instrument support that p pp covers all parts, labor and travel for on -site repairs on the (1) RTC - 1 PM visit, (1) Phosphax - 2 PM visit, (2) Filtrax - 4 PM visit, and (1) sc1000 - 1 PM visit. This service also includes all factory recommended calibrations and maintenance (including required parts) *, unlimited technical support calls, and free firmware updates. Standard business hours are 6am -6pm M -F 4 FSPP -RTC 2- CHANNEL local time, excluding holidays. On -site response for "down" 1 9,888.00 9,888.00 9,888.00 instrument repairs is typically 3 business days. Please see service terms and conditions for additional details on our service plans, and to ensure you have an opportunity to review our environmental and safety requirements. *Preventative Maintenance and calibration requirements vary by product, therefore not all instruments will receive preventative maintenance and calibration upon scheduled visits. Commissioning will be charged seperately Subtotal $ 54,348.00 Commissioning and Travel 5 59COM Commissioning covers: Instrument setup, training & 12 weeks of 1 4,999.00 4,999.00 4,999.00 remote monitoring, optimization & weekly reporting 6 PMTRAVELI 1 On -site PM visit 1 194.00 194.00 194.00 Subtotal $ 5,193.00 Qty 1 of the following part numbers included in PRTC1C: 2600 - 0158 -001 EWON UNIT, FOR REMOTE ACCESS 2825254 REAGENT F /PHOSPHAX ANALYZER, 2000ML 2825352 CLEANING SOL'N F /PHOSPHAX, 1000ML LXV294.54.00000 db FILTRAX CONTROL MODULE, 115VAC LXV400.99.10082 MODULE, SC1000 PROBE 6 SENS 110 -230V LXV402.99.10002 sc1000 Display with TCP /IP, no GSM LXV407.99.01010 RTC101 P- MODULE, 1- CHANNEL, 90 -240 V LZX414.00.40000 Filtrax Mounting Kit, Basin Wall LXV422.99.13002 db PHOSPHAX sc PHOSP ANLZ 115- 230V,1 CH LZX669 FILTRAX MODULE HOLDER 5MM HOSE 115V LZX671 FILTRAX DELIVERY HOSE, 10M, 115V LZX676 Filtrax Control Module Mounting Kit LZX958 sc1000 sunshield LZY285 PHOSPHAX rail mount kit YAB076 sc1000 Relay card YAB117 RTC SYSTEMS COMMUNICATION CARD YAB019 4 -20mA output card LZY286 KIT, MTG HRDWARE,STAND MT,AMTAX sc The following part numbers included in PRTC2C: 2600 - 0158 -001 EWON UNIT, FOR REMOTE ACCESS -Qty1 2825254 REAGENT F /PHOSPHAX ANALYZER, 2000ML -Qty1 2825352 CLEANING SOL'N F /PHOSPHAX, 1000ML -Qty1 LXV294.54.00000 db FILTRAX CONTROL MODULE, 115VAC -Qty 2 LXV400.99.10082 MODULE, SC1000 PROBE 6 SENS 110- 230V -Qty1 LXV402.99.10002 db as sc1000 DISPLAY MODULE, TCP, NO GSM -Qty1 LXV407.99.01011 RTC101 P- MODULE, 2- CHANNEL, 90 -240 VAC -Qty1 LXV422.99.14002 PHOSPHAX sc PHOSP ANLZ 115- 230V,2 CH -Qty1 LZX414.00.40000 MOUNTING KIT WITHOUT ADAPTER -Qty2 LZX669 FILTRAX MODULE HOLDER 5MM HOSE 115V -Qty 2 LZX671 FILTRAX DELIVERY HOSE, 10M, 115V -Qty 2 LZX676 HOLDER, CONTROL UNIT (FILTRAX) -Qty 2 LZX958 SUNSHIELD, SC1000 -Qty1 LZY285 KIT, MTG HRDWARE,RAIL MT,AMTAX sc W/ -Qty1 YAB076 RELAY CARD, 4 POS. TYPE C, SC1000 -Qty1 YAB117 RTC SYSTEMS COMMUNICATION CARD -Qty1 YAB019 4 -20mA output card -Qty1 LZY286 KIT, MTG HRDWARE,STAND MT,AMTAX sc -Qty1 Page 2 of 3 Freight: Ground Prepay and Add FOB: Origin All purchases of Hach Company products and /or services are expressly and without limitation subject to Hach Company's Terms & Conditions of Sale ( "Hach TCS "), incorporated herein by reference and published on Hach Company's website at www.hach.com /terms. Hach TCS are contained directly and /or by reference in Hach's offer, order acknowledgment, and invoice documents. The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale "Contract" in accordance with the Hach TCS: (i) Buyer's issuance of a purchase order document against Hach's offer; (ii) acknowledgement of Buyer's order by Hach; or (iii) commencement of any performance by Hach pursuant to Buyer's order. Provisions contained in Buyer's purchase documents (including electronic commerce interfaces) that materially alter, add to or subtract from the provisions of the Hach TCS are not part of the Contract. Due to International regulations, a U.S. Department of Commerce Export License may be required. Hach reserves the right to approve specific shipping agents. Wooden boxes suitable for ocean shipment are extra. Specify final destination to ensure proper documentation and packing suitable for International transport. In addition, Hach may require : 1). A statement of intended end -use; 2).Certification that the intended end -use does not relate to proliferation of weapons of mass destruction (prohibited nuclear end use, chemical / biological weapons, missile technology); and 3). Certification that the goods will not be diverted contrary to U.S. law. ORDER TERMS: Terms are Subject to Credit Review Please reference the quotation number on your purchase order. Sales tax is not included. Applicable sales tax will be added to the invoice based on the U.S. destination, if applicable provide a resale /exemption certificate. Shipments will be prepaid and added to invoices unless otherwise specified. Equipment quoted operates with standard U.S. supply voltage. Hach standard terms and conditions apply to all sales. Additional terms and conditions apply to orders for service partnerships. Prices do not include delivery of product. Reference attached Freight Charge Schedule and Collect Handling Fees. Standard lead time is 30 days. This Quote is good for a one time purchase. Sales Contact: Name: Gail Feikes Title: Regional Sales Manager Phone: 800 - 227 -4224 Email: gfeikes @hach.com Prepared By: Name: Michelle Mathewson Title: Field Sales Support Specialist II Phone: 800 - 227 -4224 X6385 Email: mmathews @hach.com Page 3 of 3 W (r3r Quotation Addendum HACH COMPANY Headquarters P.O. Box 389 5600 Lindbergh Drive Loveland, CO 80539 -0389 Purchase Orders PO Box 608 Loveland, CO 80539 -0608 WebSite: www.hach.com ADVANTAGES OF WORKING WITH HACH EXHIBIT I U.S.A. Phone: 800 - 227 -4224 Fax: 970 - 669 -2932 E -Mail: orders @hach.com quotes @hach.com techhelp @hach.com Export Phone: 970-669-3050 Fax: 970 - 461 -3939 Email: intl @hach.com Remittance 2207 Collections Center Drive Chicago, IL 60693 Wire Transfers Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 071000039 Technical Support S /RR Delivery Program Hach WarrantyP/usTM Upgrade Provides post -sale instrumentation and The Scheduled Inventory Reagent Instrument Protection and Service application support Replacement (SIRR) Program offers ✓ Savings of more than 20% versus a • Hach's highly skilled Technical an uninterrupted supply of reagents "pay as you go" approach Support staff is dedicated to helping ✓ Lower inventory costs and fresh ✓ Freedom from maintenance you resolve technical issues before, supplies (Mainland USA) during and after the sale. ✓ Reduced paperwork - one purchase ✓ Worry-free com Hance with Hach's p certification • Available via phone, e-mail, or live order for the entire year $49.99 online chat at ✓ Automatic shipments on your schedule ✓ Fixed maintenance budget for the • Toll -free phone: : 8 800- 00 - 2227 7 -4224 ✓ Easier budgeting entire year ✓ E -mail: techhelp @hach.com $17.79 $52.45 www.Hach.com www. Hach. com /sirr www.Hach.com /warrantyplus ADVANTAGES OF SIMPLIFIED FREIGHT Safe & Fast Delivery Save Time - Less Hassle Save Money ✓ Receive tracking numbers on your ✓ No need to set up deliveries for orders ✓ No additional invoice to process - order acknowledgement or to schedule pickup save on time and administrative costs ✓ Hach will assist with claims if an order ✓ Hach ships simplified freight orders as ✓ Only pay shipping once, even if is lost or damaged in shipment the product is available at no multiple shipments are required Delivery additional cost (Mainland USA) STANDARD SIMPLIFIED FREIGHT CHARGES t' 2' 3 Pricing Effective 811612014 Standard Second Day Next Day Second Day Next Day Total Price Surface Delivery Delivery Delivery Delivery Merchandise Ordered (Mainland USA) (Mainland USA) (Mainland USA) (Alaska & Hawaii) (Alaska & Hawaii) $0.00 - $49.99 $11.99 $29.99 $54.99 $44.95 $85.45 $50.00 - $199.99 $17.79 $52.45 $98.97 $71.64 $136.19 $200.00 - $449.99 $30.89 $79.43 $161.79 $100.23 $195.06 $450.00 - $749.99 $41.67 $108.95 $216.68 $136.20 $263.73 $750.00 - $999.99 $52.77 $114.40 $239.39 $141.65 $267.00 $1,000.00 - $2,249.99 $66.39 $130.75 $255.01 $154.73 $307.33 $2,250.00 - $4,999.99 $79.47 $174.35 $294.25 $181.98 $336.76 $5,000.00 - $9,999.99 $112.79 $201.60 $338.94 $213.59 $365.10 Over $10,000 2% of Net 4% of Net 6% of Net 4% of Net 6% of Net Order Value Order Value Order Value Order Value Order Value Collect 4 Handling Fee Effective 8/16/2014 $7.79 $7.99 $8.47 $8.89 $9.17 $9.49 $11.32 $16.83 $29.49 1 Freight charges shown are only applicable to orders billing and shipping to U.S. destinations. Freight charges will be prepaid and added to invoice. Freight for the Reagent Delivery Program is charged on each shipment release and is based on the total price of each shipment release. Freight charges are subject to change without notice. 2 Additional freight charges will be applied to orders containing bulky and /or especially heavy orders. Refrigerated and all weather Samplers do not qualify for simplified freight charges, and are considered heavy freight. Dissolved Oxygen Sensors can be damaged if exposed to temps below freezing, causing sensor failure. Must be shipped overnight or 2nd day air during the cold weather months. 3 Orders shipping to Alaska or Hawaii: Additional freight charges may be applied at time of order processing. Second Day and Next Day delivery is not available to all destinations. 4 Hach Company will assess a collect handling fee on orders with collect freight terms. This handling fee covers the additional costs that Hach Company incurs from processing and managing collect shipments. SALES TAX Sales Tax is not included in the attached quotation. Applicable sales and usage taxes will be added to your invoice, at the time of order, based on U.S. destination of goods, unless a valid resale /exemption certificate for destination state is provided to the above address or fax number, attention of the Tax Dept. EXHIBIT 1 This document sets forth the Terms & Conditions of Sale for goods manufactured and /or supplied, and services provided, by Hach Company of Loveland, Colorado ( "Hach ") and sold to the original purchaser thereof ( "Buyer "). Unless otherwise specifically stated herein, the term "Hach" includes only Hach Company and none of its affiliates. Unless otherwise specifically stated in a previously- executed written purchase agreement signed by authorized representatives of Hach and Buyer, these Terms & Conditions of Sale establish the rights, obligations and remedies of Hach and Buyer which apply to this offer and any resulting order or contract for the sale of Hach's goods and /or services ( "Products "). 1. APPLICABLE TERMS & CONDITIONS: These Terms & Conditions of Sale are contained directly and /or by reference in Hach's offer, order acknowledgment, and invoice documents. The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale ( "Contract") in accordance with these Terms & Conditions: (i) Buyer's issuance of a purchase order document against Hach's offer; (ii) acknowledgement of Buyer's order by Hach; or (iii) commencement of any performance by Hach pursuant to Buyer's order. Provisions contained in Buyer's purchase documents (including electronic commerce interfaces) that materially alter, add to or subtract from the provisions of these Terms & Conditions of Sale are not a part of the Contract. 2. CANCELLATION: Buyer may cancel goods orders subject to fair charges for Hach's expenses including handling, inspection, restocking, freight and invoicing charges as applicable, provided that Buyer returns such goods to Hach at Buyer's expense within 30 days of delivery and in the same condition as received. Buyer may cancel service orders on ninety (90) day's prior written notice and refunds will be prorated based on the duration of the service plan. Inspections and re- instatement fees may apply upon cancellation or expiration of service programs. Seller may cancel all or part of any order prior to delivery without liability if the order includes any Products that Seller determines may not comply with export, safety, local certification, or other applicable compliance requirements. 3. DELIVERY: Delivery will be accomplished FCA Hach's facility located in Ames, Iowa or Loveland, Colorado, United States (Incoterms 2010). For orders having a final destination within the U.S., legal title and risk of loss or damage pass to Buyer upon transfer to the first carrier. For orders having a final destination outside the U.S., legal title and risk of loss or damage pass to Buyer when the Products enter international waters or airspace or cross an international frontier. Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or, if no time is specified, within Hach's normal lead -time necessary for Hach to deliver the Products sold hereunder. Upon prior agreement with Buyer and for an additional charge, Hach will deliver the Products on an expedited basis. Standard service delivery hours are 8 am — 5 pm Monday through Friday, excluding holidays. 4. INSPECTION: Buyer will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of such Products. In the event the Products do not conform to any applicable specifications, Buyer will promptly notify Hach of such nonconformance in writing. Hach will have a reasonable opportunity to repair or replace the nonconforming product at its option. Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance in the event such a written notification is not received by Hach within thirty (30) days of delivery. 5. PRICES & ORDER SIZES: All prices are in U.S. dollars and are based on delivery as stated above. Prices do not include any charges for services such as insurance; brokerage fees; sales, use, inventory or excise taxes; import or export duties; special financing fees; VAT, income or royalty taxes imposed outside the U.S.; consular fees; special permits or licenses; or other charges imposed upon the production, sale, distribution, or delivery of Products. Buyer will either pay any and all such charges or provide Hach with acceptable exemption certificates, which obligation survives performance under this Contract. Hach reserves the right to establish minimum order sizes and will advise Buyer accordingly. 6. PAYMENTS: All payments must be made in U.S. dollars. For Internet orders, the purchase price is due at the time and manner set forth at www.hach.com. Invoices for all other orders are due and payable NET 30 DAYS from date of the invoice without regard to delays for inspection or transportation, with payments to be made by check to Hach at the above address or by wire transfer to the account stated on the front of Hach's invoice, or for customers with no established credit, Hach may require cash or credit card payment in advance of delivery. In the event payments are not made or not made in a timely manner, Hach may, in addition to all other remedies provided at law, either: (a) declare Buyer's performance in breach and terminate this Contract for default; (b) withhold future shipments until delinquent payments are made; (c) deliver future shipments on a cash - with -order or cash -in- advance basis even after the delinquency is cured; (d) charge interest on the delinquency at a rate of 1 -1/2% per month or the maximum rate permitted by law, if lower, for each month or part thereof of delinquency in payment plus applicable storage charges and /or inventory carrying charges; (e) repossess the Products for which payment has not been made; (f) recover all costs of collection including reasonable attorney's fees; or (g) combine any of the above rights and remedies as is practicable and permitted by law. Buyer is prohibited from setting off any and all monies owed under this from any other sums, whether liquidated or not, that are or may be due Buyer, which arise out of a different transaction with Hach or any of its affiliates. Should Buyer's financial responsibility become unsatisfactory to Hach in its reasonable discretion, Hach may require cash payment or other security. If Buyer fails to meet these requirements, Hach may treat such failure as reasonable grounds for repudiation of this Contract, in which case reasonable cancellation charges shall be due Hach. Buyer grants Hach a security interest in the Products to secure payment in full, which payment releases the security interest but only if such payments could not be considered an avoidable transfer under the U.S. Bankruptcy Code or other applicable laws. Buyer's insolvency, bankruptcy, assignment for the benefit of creditors, or dissolution or termination of the existence of Buyer, constitutes a default under this Contract and affords Hach all the remedies of a secured party under the U.C.C., as well as the remedies stated above for late payment or non - payment. 7. LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects in material and workmanship and will, when used in accordance with the manufacturer's operating and maintenance instructions, conform to any express written warranty pertaining to the specific goods purchased, which for most Hach instruments is for a period of twelve (12) months from delivery. Hach warrants that services furnished hereunder will be free from defects in workmanship for a period of ninety (90) days from the completion of the services. Parts provided by Hach in the performance of services may be new or refurbished parts functioning equivalent to new parts. Any non - functioning parts that are repaired by Hach shall become the property of Hach. No warranties are extended to consumable items such as, without limitation, reagents, batteries, mercury cells, and light bulbs. All other guarantees, warranties, conditions and representations, either express or implied, whether arising under any statute, law, commercial usage or otherwise, including implied warranties of merchantability and fitness for a particular purpose, are hereby excluded. The sole remedy for Products not meeting this Limited Warranty is replacement, credit or refund of the purchase price. This remedy will not be deemed to have failed of its essential purpose so long as Hach is willing to provide such replacement, credit or refund. 8. INDEMNIFICATION: Indemnification applies to a party and to such party's successors -in- interest, assignees, affiliates, directors, officers, and employees ( "Indemnified Parties "). Hach is responsible for and will defend, indemnify and hold harmless the Buyer Indemnified Parties against all losses, claims, expenses or damages which may result from accident, injury, damage, or death due to Hach's breach of the Limited Warranty. This indemnification is provided on the condition that the Buyer is likewise responsible for and will defend, indemnify and hold harmless the Hach Indemnified Parties against all losses, claims, expenses or damages which may result from accident, injury, damage, or death due to the negligence or misuse or misapplication of any goods or services by the Buyer or any third party affiliated or in privity with Buyer. 9. PATENT PROTECTION: Subject to all limitations of liability provided herein, Hach will, with respect to any Products of Hach's design or manufacture, indemnify Buyer from any and all damages and costs as finally determined by a court of competent jurisdiction in any suit for infringement of any U.S. patent (or European patent for Products that Hach sells to Buyer for end use in a member state of the E.U.) that has issued as of the delivery date, solely by reason of the sale or normal use of any Products sold to Buyer hereunder and from reasonable expenses incurred by Buyer in defense of such suit if Hach does not undertake the defense thereof, provided that Buyer promptly notifies Hach of such suit and offers Hach either (i) full and exclusive control of the defense of such suit when Products of Hach only are involved, or (ii) the right to participate in the defense of such suit when products other than those of Hach are also involved. Hach's warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by Hach's specifications. In case the Products are in such suit held to constitute infringement and the use of the Products is enjoined, Hach will, at its own expense and at its option, either procure for Buyer the right to continue using such Products or replace them with non - infringing products, or modify them so they become non - infringing, or remove the Products and refund the purchase price (prorated for depreciation) and the transportation costs thereof. The foregoing states the entire liability of Hach for patent infringement by the Products. Further, to the same extent as set forth in Hach's above obligation to Buyer, Buyer agrees to defend, indemnify and hold harmless Hach for patent infringement related to (x) any goods manufactured to the Buyer's design, (y) services provided in accordance with the Buyer's instructions, or (z) Hach's Products when used in combination with any other devices, parts or software not provided by Hach hereunder. 10. TRADEMARKS AND OTHER LABELS: Buyer agrees not to remove or alter any indicia of manufacturing origin or patent numbers contained on or within the Products, including without limitation the serial numbers or trademarks on nameplates or cast, molded or machined components. 11. SOFTWARE. All licenses to Hach's separately - provided software proEXI are subject to the separate software license agreement(s) accompanying the software media. In the absence of such terms and for all other software, Hach grants Buyer only a personal, non - exclusive license to access and use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the benefit of the Products. A portion of the software may contain or consist of open source software, which Buyer may use under the terms and conditions of the specific license under which the open source software is distributed. Buyer agrees that it will be bound by any and all such license agreements. Title to software remains with the applicable licensor(s). 12. PROPRIETARY INFORMATION; PRIVACY: "Proprietary Information" means any information, technical data or know -how in whatever form, whether documented, contained in machine readable or physical components, mask works or artwork, or otherwise, which Hach considers proprietary, including but not limited to service and maintenance manuals. Buyer and its customers, employees and agents will keep confidential all such Proprietary Information obtained directly or indirectly from Hach and will not transfer or disclose it without Hach's prior written consent, or use it for the manufacture, procurement, servicing or calibration of Products or any similar products, or cause such products to be manufactured, serviced or calibrated by or procured from any other source, or reproduce or otherwise appropriate it. All such Proprietary Information remains Hach's property No right or license is granted to Buyer or its customers, employees or agents, expressly or by implication, with respect to the Proprietary Information or any patent right or other proprietary right of Hach, except for the limited use licenses implied by law. Hach will manage Customer's information and personal data in accordance with its Privacy Policy, located at http : / /www.hach.com /privacvpolicv. 13. CHANGES AND ADDITIONAL CHARGES: Hach reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to incorporate such changes or improvements to Products ordered by Buyer unless agreed upon in writing before the Products' delivery date. Services which must be performed as a result of any of the following conditions are subject to additional charges for labor, travel and parts: (a) equipment alterations not authorized in writing by Hach; (b) damage resulting from improper use or handling, accident, neglect, power surge, or operation in an environment or manner in which the instrument is not designed to operate or is not in accordance with Hach's operating manuals; (c) the use of parts or accessories not provided by Hach; (d) damage resulting from acts of war, terrorism or nature; (e) services outside standard business hours; (f) site prework not complete per proposal; or (g) any repairs required to ensure equipment meets manufacturer's specifications upon activation of a service agreement. 14. SITE ACCESS/ PREPARATION /WORKER SAFETY/ ENVIRONMENTAL COMPLIANCE: In connection with services provided by Hach, Buyer agrees to permit prompt access to equipment. Buyer assumes full responsibility to back -up or otherwise protect its data against loss, damage or destruction before services are performed. Buyer is the operator and in full control of its premises, including those areas where Hach employees or contractors are performing service, repair and maintenance activities. Buyer will ensure that all necessary measures are taken for safety and security of working conditions, sites and installations during the performance of services. Buyer is the generator of any resulting wastes, including without limitation hazardous wastes. Buyer is solely responsible to arrange for the disposal of any wastes at its own expense. Buyer will, at its own expense, provide Hach employees and contractors working on Buyer's premises with all information and training required under applicable safety compliance regulations and Buyer's policies. If the instrument to be serviced is in a Confined Space, as that term is defined under OSHA regulations, Buyer is solely responsible to make it available to be serviced in an unconfined space. Hach service technicians will not work in Confined Spaces. In the event that a Buyer requires Hach employees or contractors to attend safety or compliance training programs provided by Buyer, Buyer will pay Hach the standard hourly rate and expense reimbursement for such training attended. The attendance at or completion of such training does not create or expand any warranty or obligation of Hach and does not serve to alter, amend, limit or supersede any part of this Contract. 15. LIMITATIONS ON USE: Buyer will not use any Products for any purpose other than those identified in Hach's catalogs and literature as intended uses. Unless Hach has advised the Buyer in writing, in no event will Buyer use any Products in drugs, food additives, food or cosmetics, or medical applications for humans or animals. In no event will Buyer use in any application any Product that requires FDA 510(k) clearance unless and only to the extent the Product has such clearance. Any warranty granted by Hach is void if any goods covered by such warranty are used for any purpose not permitted hereunder. 16. EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise specified in this Contract, Buyer is responsible for obtaining any required export or import licenses. Hach represents that all Products delivered hereunder will be produced and supplied in compliance with all applicable laws and regulations. Buyer will comply with all laws and regulations applicable to the installation or use of all Products, including applicable import and export control laws and regulations of the U.S., E.U. and any other country having proper jurisdiction, and will obtain all necessary export licenses in connection with any subsequent export, re- export, transfer and use of all Products and technology delivered hereunder. Buyer will not sell, transfer, export or re -export any Hach v.2015 -02 -09 v. 2015 -02 -09 KIBIo�ucts or technology for use in activities which involve the design, development, o ction, use or stockpiling of nuclear, chemical or biological weapons or missiles, nor use Hach Products or technology in any facility which engages in activities relating to such weapons. Buyer will comply with all local, national, and other laws of all jurisdictions globally relating to anti - corruption, bribery, extortion, kickbacks, or similar matters which are applicable to Buyer's business activities in connection with this Contract, including but not limited to the U.S. Foreign Corrupt Practices Act of 1977, as amended (the "FCPA "). Buyer agrees that no payment of money or provision of anything of value will be offered, promised, paid or transferred, directly or indirectly, by any person or entity, to any government official, government employee, or employee of any company owned in part by a government, political party, political party official, or candidate for any government office or political party office to induce such organizations or persons to use their authority or influence to obtain or retain an improper business advantage for Buyer or for Hach, or which otherwise constitute or have the purpose or effect of public or commercial bribery, acceptance of or acquiescence in extortion, kickbacks or other unlawful or improper means of obtaining business or any improper advantage, with respect to any of Buyer's activities related to this Contract. Hach asks Buyer to "Speak Up!" if aware of any violation of law, regulation or our Standards of Conduct ( °SOC ") in relation to this Contract. See http:/ /danaher.com /integrity -and- compliance and www.danaherinteprity.com for a copy of the SOC and for access to our Helpline portal. 17. FORCE MAJEURE: Hach is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond its control of, including but not limited to Government embargoes, blockages, seizures or freeze of assets, delays or refusals to grant an export or import license or the suspension or revocation thereof, or any other acts of any Government; fires, floods, severe weather conditions, or any other acts of God; quarantines; labor strikes or lockouts; riots; strife; insurrections; civil disobedience or acts of criminals or terrorists; war; material shortages or delays in deliveries to Hach by third parties. In the event of the existence of any force majeure circumstances, the period of time for delivery, payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay. If the force majeure circumstances extend for six months, Hach may, at its option, terminate this Contract without penalty and without being deemed in default or in breach thereof. 18. NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract or any rights or interests hereunder without Hach's prior written consent. Failure of either party to insist upon strict performance of any provision of this Contract, or to exercise any right or privilege contained herein, or the waiver of any breach of the terms or conditions of this Contract will not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same will continue and remain in force and effect as if no waiver had occurred. 19. LIMITATION OF LIABILITY: None of the Hach Indemnified Parties will be liable to Buyer under any circumstances for any special, treble, incidental or consequential damages, including without limitation, damage to or loss of property other than for the Products purchased hereunder; damages incurred in installation, repair or replacement; lost profits, revenue or opportunity; loss of use; losses resulting from or related to downtime of the products or inaccurate measurements or reporting; the cost of substitute products; or claims of Buyer's customers for such damages, howsoever caused, and whether based on warranty, contract, and /or tort (including negligence, strict liability or otherwise). The total liability of the Hach Indemnified Parties arising out of the performance or nonperformance hereunder or Hach's obligations in connection with the design, manufacture, sale, delivery, and /or use of Products will in no circumstance exceed in the aggregate a sum equal to twice the amount actually paid to Hach for Products delivered hereunder. 20. APPLICABLE LAW AND DISPUTE RESOLUTION: The construction, interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the State of Colorado, without regard to its principles or laws regarding conflicts of laws. If any provision of this Contract violates any Federal, State or local statutes or regulations of any countries having jurisdiction of this transaction, or is illegal for any reason, said provision shall be self - deleting without affecting the validity of the remaining provisions. Unless otherwise specifically agreed upon in writing between Hach and Buyer, any dispute relating to this Contract which is not resolved by the parties shall be adjudicated in order of preference by a court of competent jurisdiction (i) in the State of Colorado, U.S.A. if Buyer has minimum contacts with Colorado and the U.S., (ii) elsewhere in the U.S. if Buyer has minimum contacts with the U.S. but not Colorado, or (iii) in a neutral location if Buyer does not have minimum contacts with the United States. 21. ENTIRE AGREEMENT & MODIFICATION: These Terms & Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations, whether oral or written. No change to or modification of these Terms & Conditions shall be binding upon Hach unless in a written instrument specifically referencing that it is amending these Terms & Conditions of Sale and signed by an authorized representative of Hach. Hach rejects any additional or inconsistent Terms & Conditions of Sale offered by Buyer at any time, whether or not such terms or conditions materially alter the Terms & Conditions herein and irrespective of Hach's acceptance of Buyer's order for the described goods and services. EXHIBIT 2 SRI C14 COMPA N { '"xF,�'}r) i�u?k'�«i :afi �. rhrr s'�::;1 r, '2. :3 � ir,l i`irl. �.ril �i ��Ct�i 7Sri i', a 0 9/0 6 UO ) r 9/0 66 3_, 'r );r' � ha ) orn The Sole Authorized Manufacturer and Direct Distributor Letter 6/30/2015 Customer Name: City of Denton Customer Address: 1100 S Mayhill Rd Customer City, State, Zip: Denton, TX 76208 Customer Account Number: 088290 Itemfsl: Descrintionfsl: This letter is to confirm that Hach Company is the sole authorized manufacturer and direct distributor of the item /items listed above. Thank you for your interest in Hach Company Products. If we can be of further assistance, please contact us at 1- 800 - 227 -4224. Thank you EXHIBIT 2 SRI C14 0UMPA N { '"xF,�'}r) i�u?k'�«i :afi �. rhrr s'�::;1 r, '2. :3 � ir,l i`irl. �.ril �i��Ct�i 7Sri i', a 0 9/0 6 U1i ) r 9/0 66 3_, 'r );r' � ha ) orn The Sole Authorized Manufacturer and Direct Distributor Letter 6/30/2015 Customer Name: City of Denton Customer Address: 1100 S Mayhill Rd Customer City, State, Zip: Denton, TX 76208 Customer Account Number: 088290 item(s): Description(s): PRTCIC KTO: P Control System PRTC2C KTO: P -RTC PHOSPHORUS CONTROL SYSTEM, 2 -CH This letter is to confirm that Hach Company is the sole authorized manufacturer and direct distributor of the item /items listed above. Thank you for your interest in Hach Company Products. If we can be of further assistance, please contact us at 1- 800 - 227 -4224. Thank you EXHIBIT 3 WATER UTILITIES 901 -A Texas Street Denton, TX 76209 (940) 349 -8452 Fax (940) 349 -8951 MEMORANDUM Date: July 10, 2015 To: Elton Brock, Purchasing Manager From: P. S. Arora P.E., Assistant Director Ref: HACH Phosphax Controller System Sole Source Purchase The Pecan Creek Water Reclamation Plant (PCWRP) operates utilizing a Supervisory Control and Data Acquisition System ( SCADA) for remotely controlling all of the plant operations and pumping stations in the wastewater collection system. The plant has a fiber optic loop that goes around the entire plant and a substantial number of HACH instruments are tied directly into this loop that bring metered data back to the SCADA system for plant operations. The backbone of the SCADA system are the SC -100, SC -200, and SC -1000 controllers. The HACH instruments are fully compatible with these controllers as they can be hooked up to any of the controller without requiring any extra communication equipment to send collected operational data back through the SCADA system. The metering systems made by other vendors require installation of additional communication equipment to make them compatible with the communication controllers at the PCWRP. As such, the HACH instruments meet the definition of a High Tech Purchase as they are fully compatible with the communication controllers at the plant. Also, by using one type of communication controller and metering equipment, the plant electronics personnel have familiarity with a complex equipment, and this helps reduce the possibility of making mistakes in installation and operation. The HACH manufactured Phosphax system being requested for sole source purchase is to provide real - time sampling and metering of the phosphorus levels at various stages of the treatment train. This real time phosphorous level information from the Phosphax system will be used in conjunction with the real time plant flows to provide a calculated dose of ferric chloride to precipitate the phosphorus to meet TCEQ permit. This is being done to obtain compliance with the TCEQ permit and it must be completed, tested, and meet the new phosphorus limits by June, 2016. The Phosphax system will be fully compatible with the plant SCADA system communication controllers. Enclosures Phosphax system Price Quote form HACH Sole Source Letters from HACH EXHIBIT 4 DRAFT MINUTES PUBLIC UTILITIES BOARD July 27, 2015 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, July 27, 2015 at 9:02 a.m. in the Service Center Training Room, City of Denton Service Center, 901 Texas Street, Denton, Texas. Present: Vice Chair Billy Cheek, Secretary Randy Robinson, Barbara Russell and Lilia Bynum Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities Absent: Chairman Dick Smith, Phil Gallivan and Charles Jackson OPEN MEETING: CONSENT AGENDA: 4. Consider recommending approval of the sole source purchase of the Phosphax system for real time metering of phosphorus for the Pecan Creek Water Reclamation Plant phosphorus removal project from HACH Company in the amount of $135,947. Motion was made to approve item 4 by Board Member Russell with the second by Board Member Robinson. The vote was 4 -0 approved. Adjournment - 11:13 a.m. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT 4 DRAFT MINUTES PUBLIC UTILITIES BOARD August 24, 2015 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, August 24, 2015 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Secretary Randy Robinson, Phil Gallivan, Barbara Russell, Lilia Bynum, Charles Jackson and Brendan Carroll Ex Officio Members: George Campbell City Manager and Howard Martin, ACM Utilities OPEN MEETING: CONSENT AGENDA: 3. Consider recommending approval of a three year contract with HACH Company for purchase of various items for the municipal laboratory, water production, water reclamation, and wastewater collection departments in the amount not to exceed $200,000 over three years (File 5920). Motion was made to approve item 3 by Board Member Gallivan with the second by Board Member Russell. The vote was 7 -0 approved. Adjournment 9:42 a.m. EXHIBIT 5 ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF A PHOSPHAX PHOSPHOROUS CONTROL SYSTEM FOR REAL TIME METERING OF PHOSPHOROUS AT THE PECAN CREEK WATER RECLAMATION PLANT INCLUDING ONE (1) YEAR MAINTENANCE AND A THREE (3) YEAR AGREEMENT FOR THE PURCHASE OF PARTS, WHICH ARE AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 252.022, SUCH PURCHASES ARE EXEMPT FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5891- AWARDED TO HACH COMPANY IN THE THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $335,947). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 5891 Hach Company $335,947 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. EXHIBIT 5 SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5891 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ffig APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: EXHIBIT 6 HACH COMPANY SALES FRAMEWORK AGREEMENT THIS AGREEMENT is entered into as of the Effective Date by and between Hach and Customer to set forth the terms and conditions for Customer's purchase of Hach's Products, with the foregoing capitalized terms each defined immediately below: Parties: Hach Company, 5600 Lindbergh Dr., Loveland, CO 80538 ( "Hach ") City of Denton, 901B Texas Street, Denton, TX 76209 ( "Customer ") Products: Items Listed in A endix A and as set forth in Hach's Product Catalogue or Website ( "Products ") Effective Date: September 1, 2015 ( "Effective Date ") Expiration Date:. August 31, 2016 ( "Expiration Date ") 1. Scope (a) Subject to the terms and conditions of this Agreement, Hach and Customer desire to transact business with each other in an arrangement under which Hach will sell and Customer will purchase the Products for its own use. (b) The terms and conditions set forth herein, together with Hach's then current Terms and Condition of Sale ( "Hach Ts &Cs of Sale ") apply to Customer's individual purchases during the term of this Agreement. (The August 2015 version of the Hach Ts &Cs of Sale are included in Appendix B; further updated versions will be available at htt �/www.hach,com/terms #general.) To the extent any provisions of the Terms and Conditions of Sale conflict with the provisions in the body of this Agreement, the provisions in the body of this Agreement prevail. In no event will any printed terms contained in any request for quotation, purchase order, or other Customer - provided document have any application to any purchase governed by this Agreement, whether such terms may be construed as different from or in addition to any terms set forth herein. 2. Products, Pricing and Updates (a) The prices for Products are the prices established by Hach from time to time in its product catalogue. As special consideration for Customer, during the term of this Agreement, Hach will extend Customer a 5% discount on any Hach product purchased. As additional special consideration, Hach will extend a 10% discount off of the one RTC project under discussion as of the Effective Date. Hach's extension of incentives with respect to any transaction shall not in any way obligate Hach to extend the same to any subsequent transaction. (b) For shipping, no ground freight charges apply. Freight charges will apply for expedited shipments. (c) Customer is responsible for payment of any sales, use or any other taxes (including reasonable administrative charges) due on the sale of Products to Customer. (d) This agreement shall not exceed a total dollar amount of $335,947. 3. Orders (a) Each Order will specify (1) the types of Products to be purchased by Hach SKU number, (2) the price of such Products, (3) the range of dates within which the Products must be delivered, and (4) the delivery location. Each such order will constitute an offer by Customer to purchase the Products specified therein at the price and for delivery during the period specified. Not later than the close of business on the second business day following delivery of any Order, Hach will notify Customer if Hach objects to any requirements of that Order. Unless Hach so objects, Hach will be deemed to have accepted such Order Hach Sales Framework Agreement Template, 2015- 08.docx EXHIBIT 6 under the four parameters set forth therein and subject to this Agreement. No confirmation by Hach will be necessary in order to effect Hach's acceptance of any Order. (b) If Products are ordered by Customer and Hach does not have sufficient stock to fill the Order, or for any reason, deems in its reasonable discretion that it cannot fill the Order in its usual course of business, Hach may, at its option and without any liability (i) not fill the Order, (ii) allocate Products as to which there is a shortage among its Customers, Customers and agents in any reasonable manner, or (iii) accept the Order on such conditions as it may deem appropriate. If Hach agrees to fill the Order but for any reason beyond its reasonable control, including without limitation inventory shortages, work slowdowns or stoppages, war, insurrection, or the acts of any governmental jurisdiction, Hach will have no liability to Customer or Customer's Customers with respect to such Order. (c) Customer may not cancel an order unless written notice of cancellation is received by the designated office prior to acceptance of the order by Hach. Hach may in its sole discretion permit cancellations after acceptance subject to a late cancellation fee or restocking charge. 4. Term /Termination (a) This Agreement shall begin on the "Effective Date" and expire on "Expiration Date" unless renewed mutually in writing by Hach and Customer or terminated sooner. The agreement may be renewed up to two, twelve month periods. Renewals will take place automatically. (b) Either party may terminate this Agreement effective immediately upon notice to the other for material or persistent breach of any provision hereof; except that in the case of a breach capable of remedy, the terminating party shall give written notice giving particulars of the breach upon which the breaching party shall have fifteen (15) days to remedy the breach to avoid termination. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written. CUSTOMER Title Date_.....��_ ...............�. Address and /or telecopy number to which communication between the parties should be sent: Materials Mana ement Hach Company City of Denton Attention: VP & General Counsel 901B Texas Street .. 5600 Lindbergh Drive Denton TX 76209 Loveland, CO 80538 EXHIBIT 6 . ........... 1W _ -- . . . . . . . ............ ................ 414A -ARL-A - - - -------- PART NUMBER ITEM DESCRIPTION . .................................... .... . . . . ..... . .. ....... 2015 PRICING . . 5% DISCOUNTED PRICE . . . . . . ...................... - ........... ........... . . ................ ... . . .......... . .. . ...... . . ................ . .................... LXV404.99.00552 ......... SC200 11 . .............. .... . . .... . . . . . . . . . . . . ...... . ...................... ....... . . . $1,842.00 . .............. "", . .. ........ $1,749.90 . . . . . .......... . . . . . ............................................................................ -- ........... 2976800 ----------- . ..... ...... . 1720e Turb w/sc200 ----------- . . $2,892.00 . . . . . . .............................................. . . . $2,747.40 . . . . . . ................................................................................ . . . .......... . ............ . . .... 11-1 , 6010101 TURB sensor .. ..... . ...... . . . ..... ......... $1,579.00 $1,500.05 . . . . ....... 111-11111 ............................. . . . ............................................. . ... . . . . . ------------------ DPC1R1A . . . . .......... - - - - - ------------ - - ---------- pH sensor ---------- . . . . . . ............... . ........... . . . . . . . . . ........... . . .... . ... . . . ... $436.00 ............................... __ - ----- $414.20 - - . . . . . ........... ... . . . ... 1111.. . ................................ PC1R1A - ------- - - - - -------------------------------- PH sensor ....... . ........................... . . . . . . - - - -- ........ . . ...................................... . . . $275.00 ............ $261.25 9021100 ""' - - ---------------------- Sensor.._,,.. LD011 Sensor cap ........... . . $200.00 .. ... ......... - - $190 0 , 0 - - -- - 9020000 ... LDO 2 probe ............................... .. .. . ...... - - ------- . $1,850.00 . .......... __ _ ............ ....... $1,757.50 . . . . . . ................ . . . . ................. . . . . . ........ 6010101 . .................. 1702e TURB ONLY . . . . . ...................... . . . $1,579.00 $1,500.05 TNT 843 Phosphorus TNT --- --- _1111 . . ..... . . . .......... . ....... $52.75 .......... . '' . . ...... . . . . .... $50.11 . .. ........................... . ........... . ........... __1111. ........... ... TNT 844 Phosphorus TNT ........ .............. . . ...................... . . $52.79 . ..... ........... . $50.15 . . . ........ TNT845 Phosphorus TNT -- ---- --------------------- . . . . . . . . . . .. .. .. . . . . . . . . . ....................................... $52.79 ..... ,""I'll", .......... . . . . . . . .. ...... . . ....................... $50.15 ------------ . .... ... . . . . . . ................ 2983500 Solitax . . ..... . . .................................. $5,705.00 $5,419.75 _.....-11- - ---------- - . . 2976I'3ll00 . ..... . . . . . ............................ . . . . . . . . . . . . . . . Son atax .. . . . . . . .. ......... 1111111-- $4,792.00 . $4,552.40 - ", 1-- LPV441.99.00012 DR6000 . . . . . .. . ............ ..... .... . . $8,612.00 . . . . ............... . - ----------- $8,181.40 . . . ........................... . . . . . . . . ................................................................................. ...................... .. . EQP-PAC-PMT -------------------- . . . . . ....... LuminUltra Photonmaster .................... ........... . . .. . ............... . ..... $3,970.00 . ..... $3,771.50 . . . . . . .. . . . . . . . . . . .............................. . ...................... . ........................................... DSA-25C LuminUltra DSA . ........ . .......... 1 $36000 $342.00 QGA-100C mmmm LumlnUltra QGA . ..... ..... . ...................... ..... . .......... . . $1,249.00 . ... .... - ------------- . $1,186.55 . .................. .. . . . LC-SOFT-L LuminUltra Lifetime software $3,360.00 $3,192.00 8499000 SL1000 . .............. . . . . ........... . . . . . .............. - ------ $3,620.00 _ . . ......... $3,439.00 .... . .................... .__ . .............. 9429000 . Free Chlorine CHEIVIKEY 25 PIECE . . . . ........... $17.50 $16.63 .......... . . ...... - . ............... 9429100 Total Chlorine CHEIVIKEY 25 PIECE ................................. . . ...... 11111111______ . . . . ................ . . . . . . $17.50 $16.63 . ..... 9429000 . . . ............ Nitrite CHEIVIKEY, 25 PIECE . . . . . ..................... . ........ $17.50 . ........... $16.63 . ..... . . . .... KTO CHEIVIKEY, 25 PIECE MONO-CHLOR. 25 9429600 ........ -------- PIECE FREE AMMONIA --------- I— "I'll, ------------- . . . . ........................ $96.25 $91.44 . . . ............. .. . ............. ....................... ........ 9425200 ASSY, PACK, CHEIVIKEY __ . . . . . . . .......... . . . ..... . . ..... ... . . . ................. . . . . . $61.25 ......................... . . . ............. $58.19 ..... . . . . .......................... .... ... . . . ...... ...... . . . ... DPD1P1 ..... ........... pHD sc, Differential pH Digital . . .......... $981.00 . . ........... $931.95 ... _ ---- ---------- - - SB-P1SV . . . Salt Bridge for pHD sc & pHD -------------------------- . ..... ... 111-11 . .. . . .. .. . . . . .............................. ... 1-111, $73.35 ------------- - - . . . . ................. $96.68 --- -------- --- . . . . . ..................... 25M1A1025-115 Standard Cell solution for pHD .............. $67.65 $64.27 .............. . ........................... LXV404.99.00552 . . . . .... . . ...................................................... . . . sc200 Co.... ontroller, AC-DC ................................................. "I'll, 111- - --------- $1,842.00 I __ 2556900 as Free Chlorine reagent Set ---------- - $51.15 ............. . . . $48.59 . ............... ................... 2557000 ...... . ....... . . ..... . . . . . ................................ as Total Chlorine Reagent Set ..... . . ........... n..._.__._ . ..... . ........ . . . ...... . . . . . . $53.75 ........... . . . .............................. $51.06 . . . . .......... . . . . .................... . . . ................ ...................... . . 1895000 Lamp ASSY, 1720 D/E . . . . . ............ $62.00 . ........ $58.90 .. _ ___ __ -------------_-- - -- ----- - 2653299 Ammonia Salicylate, pk/100 . ........ . . . . . .. . . .. . . . .......... ... ................................................ . . . . . ... . . ............ . .. 1 $73.75 .......... ....... ' - ---------- $70.06 - -- ---- ----- - - - - - -- 2653199 Ammonia Cyanurate Reagent $47.05 . ................... . . . . . $44.69 2527025 SPADNS2 (ARSENIC FREE) $34.35 . ......... . .... .......... $32.63 . .......... ............................... .......... . . . . ..................... ........... 4503400 LAMP ASSY, ss6 . ..... ........... . . . . . ............. . . . . . ........... $84.00 ---------- . . . $79.80 ......... .................. . . .. - ................. . ............................................... .. . ........................... ................... . 5444301 KIT, CL17 PRE-ASSY MAINT, .............................. . . . . . ... . 1 $214.00 . . ......... ............. .. ...... . $203.30 . . . ..................... . . . . . . . ................................ ....... - - - - - ------------------ 2879200 ----------- - . .... ---- ................... FA REAGENT SET - ...... . . . . . . ......... . . . . ..... . .... . . .......... . . $98.89 $93.95 111111--.11- 5440002 - ... ..................... . . CL17 . . . . . ...................... . . . . . . . . . .......... ......... ------ ----- . . .. $3,323.00 ..... _ _ . $3,156.85 . . . ................. ............ . . . . . . . . _ - - - .. ................... . . ............. . . . . . .................... 2981500 CLT10 . ................... 1111111111 . ............ $4,812.00 $4,571.40 . . . ..................... . . .................. . . . ............... . . ....... . . . . . . . . . . . . --- ........... 2825254 - Reagent for Phosphax . . . . ..... . . ..... . . ..... $101.00 $95.95 . . ........ . ................... . . . ....... . ..... - 825352 28253.. cleaning solution for Phosphax $51.89 ............... . . $49.29 ............. ... ........ . ............ LZX018 ---------------- . Annual Filtrax maintenance kit .. . . . . . . . . . ............................... . $1,195.00 ..... 11111 . . ........... $1,135.25 . . . . . . ................. . . - ------------ - -- - -- - -------------- ------- - - LZX667 .. ...... ............ . . . . . . ... Filtrax maintenance kit - tubing only . . . . . ..................... . . ------------- . . . ........... . $410.00 . ...... $389.50 . .......... . . .. ......... LZX677 ------ . Filter for Filtrax ..... ........ $430.00 $408.50 Hach Sales Framework Agrecin.en.t Template, 2015-08.docx EXHIBIT 6 AvuudiaL TERMS & CONDITIONS OF SALE FOR HACH COMPANY PRODUCTS AND SERVICES This document sets forth tkeTernaS & Conditions of Sale for goods or art ulacat red an d/orsupplied, and services provided, by If son Company of Loveland, Colorado ( "Hach ") and sold to the original purchaser thereof("Buyer"). Unless otherwise specificallystated herein, the term "Cinch" includes only Hach Company avid none of its a fit I !a tes. I In I ess otliei-wisesppcificallystated in a previously eXeUlredwrfttenpurcloese agree mentsigned by a uthori zed representatives of Hach arid Buyer, these Terri is& Conditions of Sale establish the rights, obligations and remedies of Hach and BUyerwhich apply to this offerand any kceifflti rig order or contract for the sale of Hach's goods and/or services ["Products`). I , APPLICABUTERMS & CONDITIONS: These Terris &Conditions of Sale are contained threctlyand/or by reference in Hack's offer, order acknowledgment, and invoice documents The first of the fol I Owing acts constitutes an accepta rice of Hack's offer arid not a coun ter offer and creates a contract of sale ("Cori tract") in accordance with these Terms &Conditions: (I) Buyer's issuance of a purchase order documentagainst Ila ch's offer; (it) acknowledgement of Buyer's order by Hach; or (iii) con) men content of any performance h,y Hach Pursuant to Buyer's order, Provisions contained in Buyer's purchase documents (Including electronic commerce Interfaces) that materiallyal ter, add to or subtract from the provisions of these Tern is 9,Conditions of Sale are riot apart of the Contract, GENSWEXAMMMM Buyerynaycancel goods orders subject to fair charges for Hach's expenses including handling, inspecti on, restocking, freight and invoicing charges as applicable, provided that Buyer returns such goods to Hach at Buyer's expe rise within 30 days of delivery and in the same condition as received. Buyer may cancel ser vice orders on ninety (90) day's priorwritten notice and refunds will be prorated based on the duration of the service plan. Inspections and reinstatement fees may apply upon cancellation or expiration of service programs, Seller may cancel all or part of any order prior to delivery without liability if the orderincludes any Products that Seller determines may not comply with export, safety, loca I certification, or other applicable compliance requirements. KNEENNUMUM Del !very will be accomplished FCA Ila ch's facility located in Ames, Iowa or Loveland, Colorado, United States (hico ter rns 2010). For orders, having a final destination within the U.S,, legal title and risk of lass or damage pass to Buyer upon transfer to the first carrier. For orders having a final destination outside the US., legal title arid risk of loss or damage pass to Buyerwhen the Products enter international waters, orairsprice or cross an international frontier. Hach will use commerci a I lyreasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contractor, if no time is specified, within Hach's normal lead -time necessary for Hach to deliver the Products sold hereunder. Upon prior agreementurith Buyer arid for an add! donal charge, Hach will deliver the Products on an expedited basis. Standard service delivery hours a re 8 am — 5 pot Monday through Friday, excluding hoh days. 4, INSPECTION: Buyer will promptly inspect avid accept any Products delivered pursuant to this Cori tract after receipt of such Pro ducm In the event the Products do riot conform to any applicable specifications, Buyerwill promptly not! fy I lach of such nonconformance in writing. Hach will have a reasonable opportunity to repair or replace the nonconforming product at its option. Buyer, will be deemed to have accepted ally Products delivered hereunder and to have waived any such nonconformance in the events Lich a written notification is not received by Hach ach within thirty (30) days of delivery. 5, PRJCFS & ORDFR SIZFS: All prices are in US. dollars and are based on deliveryas stated above. Prices do riot include airy charges for services such as insurance; brokerage fees; sales, use, inventory or excise taxes; import or export duties; special financing fees; VAT, income or royalty taxes imposed outside the U.S.; consular fees; special permits or licenses; or other charges Imposed upon the production, sale, distribution, or delivery ol'Products. Buyerwill either pay any and all Such charges or provide Hach with acceptable exemption certificates, which obligation survives performance under this Contrast flach reserves the right to establish muninuni order sizes and will advise Buyer, accordingly. MENIVAIMMUN All payments must be made in U.S. dollars. For Internet orders, the purchase price is due at the time and manner set forth at www,hach.com. Invoices for all other orders are due avid payable. NET 30 PAYS from date of the invoice without regard to delays for inspection or tran sportation, with payments to be made by check to Hach at the above address or by wire transfer to the account stated on the front of Hach's invoice, or for customers with no established credit, Hach may require cash or credit card payrnent in advance of delivery. In the event payments are not made or riot made in a timely manner, Hach may, in addition to all other, rernedies provided at law, either: (a) declare Buyer's performance in breach and terminate this Contract for default; (b) withhold future shipments until delinquent payments are made; (c) deliver, future shipments on a cash-with order or cash - in- advance basis even after the delinquency is cured; (d) charge interest on the delinquency at a rate of 1 1/2% per month or the maximum rate Permitted by law, if lower, for each month or, part thereof of delinquency in payment plus applicable storage charges and/or, inventory car rying charges; (a) repossess the Products for which payment has not been made; (f) recover all costs of collection including reasonable attorney's fees; or (g) combine any of the above rights and remedies as is practicable and permitted by law. Buyer is prohibited from serving off any and all monies owed under this from any orlicr sums, whether liquidated or not, that are or may be due Buyer, which arise out ofa different transaction with flach or any of its affiliates. Should Buyer's financial responsibility hLcome unsatisfactory to Hach in its reasonable discretion, Hach may require cash payment or other security. if Buyer bids to meet these requirements, Hach may treat such failure as reasonable grounds for repudiation of this Contract, in which case reasonable cancellation charges shall be due Hach, Buyer gi ants Hach it security Interest in the Products to secure payment in full, which payment releases the security Interest but only H'such payments could not be considered an avoidable transfer Under the U.S. Bankruptcy Code or other applicable laws. Buyer's insolvency, bankruptcy, assignment for the benefit of creditors, or dissolution or termination of the existence of Buyer•, constitutes a default under this Contract and affords Hach all are remedies of secured party under the U C.C., as well as the remedies stated above for late payment or non - payment t See 122 for further wire transfer roqUirernents, 7 LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects in material and workmanship and will, when used in accordance with the manufacturer's operating and maintenance instructions, conform to ally express written warranty pertaining to the specific goods PlArchased,which for most Hach instruments is fora period of twelve (12) months from delivery, Hach warrants that services furnished hereunder will be free front defects in workmanship for a period ofninery (90) days from the completion of the services. Parts Provided by Hach in the pe rforniance ofservicer; may be view or refurbished parts functioning equivalent to new parts. Any non functioningparts that are repaired by Hach shall become the property of Hach, No warranties are extended to consumable I tems sual i as, without limitation, reagents, batteries, mercury cells, and ligh I bulbs. All other guarantees, warranties, conditions and representations, either express or implied, whether arising under any statute, law, cc mmorcial usage Or otherwise, incl a(] ing fi nphed warranties of merchan rabil try arid fitness for a particular purpose, are hereby excluded, The sole remedy for Products riot meeting this Limited Warranty is replacement, creditor refund of the purchase Price, This remedy will riot be deemed to have faked ofits essential purpose so long as Hach is wilting try provide such replacement, credit or refund. Hach Sales Fiarnework Agreement Ternplate, 201 5 08.doex EXHIBIT 6 8, INDEMNIFICATION: om°mnincaumappl/esm" party and to such in interest, ,ssi:noes, affiliates, u/reu"=nmcers,auu employees ("mum`nimm Parties"), Hach is responsible for and will defend, fnclemni�y and field harmless the Buyer Indemnified Parties against all losses, claims, expenses or damages which may result from accident, injury, darnage, or death due to flach's breach of the f,dinited Warranty.This indeninif! cation is provided on the condition that the Buyer is likewise responsible for- and will defend, indemnify and [told harmless the Hach hiclernnirled Parties against all losses, claorns, expenses, or darnages which may result from accident, injury, damage, or death (.his to the negi igence or, rnisuse or misapplication of any goods or services by the Buyer or any third party affiliated or, in privity with Buyer, n pATzwzpaor crmw. Subject m all limitations vr liability provided herein, each°nl, with respect m any Products, ofa=udesign or manufacture, uumnnily� Buyer n=n any arid all u""mms arid costs os finally determined byu Court ormmp°te"nm,um"u""/" any mu for infringement om"'os. patent (or European patent for Products that flach sells to Buyer for end use in a member stant ofthe E,U,) that ties issued as of the delivery mate, solely by reason of ale sale or normal use ofany Products sold to Buyer hereunder and frorn reasonable expenses incurred by Buyer in defense ofsuch suit if flach does not undertake the defense thereof, provided that Buyrn promptly notifies linen ofsuch suit and offers Hach either (1) fall arid esclusive control of the defense of such suit when Products of Hard only are involved, or (if) the right to participate in the defense ofsuch stilt wh en products other than those of flach are also involved. Hach's warranty. as to use patents only applies to infringement arising solely out of the Inn erent operation ofthe Products according to their applications as envisioned by Hach's specifications, In case the Products are in suchtnut held to constitute infringement and the use of the Products is enjoined, Hach will, at its own expense and at its, option, either procure for Buyer the right to continue using such Products or replace them with non infringing products, or rnodffy them so they become non Infringing, or remove the Products and refund the purchase price (prorated for depreciation),and the transportation costs thereof. The foregoing states the entire liability of flach for patent hiffingenient by the Products. Further, to the sarne extent as set for th in flach's above obligation to Buyer, Buyer agrees to defend, indemnify and hold harmless Hach for patent Infringement related to [x) any goods manufactured to the BUyer'S design, (y) services provided in accordance with the Buyer's instructions, or (z) Hach's Products when used in combinsulon with any other- devices, par is or software riot provided by flach hereunder, Buyer agrees not to i enove or alter any /oamam manufacturing origin or, patent numbers contained on or within the Products, including without limitation the serial numbers or tradernarks on nameplates or cast, molded or machined components. All licenses to Hach's separately provided software products are subject to the separate software license agreenient(s) accompanying the software medur fit the absence of such terms and for all other sciftwar e, flach grants Buyer only a personal, non -exclusive license to access avid use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the, benefit of the Producm A portion of the software rnay contain or consist of open source software, which Buyer may use under the terms and conditions of the specific I icense under which the open sourcesoftware is distributed, Buyer agr ass that it will be bound by any arid all such license agreements. Title to software remains with tire applicable licensor [s) zz wownmcuuSUom AND NON -USE opPRnpmsrxox/onomManON: information" means any mfor mmnon. technical data ",know -how m whatever mo" Ind tiding, but riot limited to, uoc"m" red mmzmtion,mach/e"eauable orintei,pmedinforinition,irifoonatioTicon�nedin physical components,mask worksand artwork, which Hach considers proprietary Proprietary, including but riot limited to flach's service anum"/nmuao,e manuals, Buyer, arid its customers, employees and a�"u°m���uoaeumuon��p��/°��mmouuonm,�m�u/acnvnrmu ou no",,="uy "romuu�uvmumn Hach's prior written consent, or use it for the manufacture, procurement,servicing or calibration orProdUCtS oranysimilar products, or cause such products to b° Manufactured, serviced "r calibrated byor procured from arty other source, or reproduce ", otherwise appropriate x without xa"xo prior, written consent, All such Proprietary In fomarten remains Property "r Inch. Nor ight or license u gran red hereby m Buyer ", its customer s, employees "ragents, expressly or by implication, with respect m the Proprietary Information or, any patent, patent application ", other proprietary right of Hach, except for- the limited use Licenses implied bylaw, 11 CHANGES AND ADDITIONAE CHARGES: Hach reserves the light to make design charges or, improvements to any products of thesarne genera I class as Products he Without. I ta In I ity or obligation to ficorporate.SUCh changes, or, imp rove ments to Products ordered by Buyerunless agreed upon in writing be fore tlle Prod ticts'de I ivery date. Services, which niustbL performed as a result ofany of the fol low! rig conditions are subject to add it ional charges for labor, trave I arid parts: (a) equipment a I bera Lions riot authorized in wild rig by Fla ch; (b) damage resulting from unproperuse or hand I in g, a ccident, neg] ect, power surge, or opera tion in an environmentornoanner In which the instrumentis not designed to operate or, is riot in accordance with Ilach's opera tingnianua Is; Cc) the rise of parts or accessories notprovided by If a ch; (d) dam age resultingfroon acts of war, ter rorism or nature; (e) services outside standard V.) us! noss hours; or, (F) site prework riot complete per proposal. (0 site prcworknot complete per proposal; or (g) any repairs 14, SITE ACCESS/ PREPARATION/ wonKEnSAFETY/owmROwwsNTAL,COmrLAANCa In connection with services provided bp Hach, Buyer agrees to permitprompt "cc,nmequipment, B =umo full responsibility m backup or otherwise protect its clata against loss, damage or destruction beforc, services are performed, Buyeris the operator and in full control ofits premises, Including those areas where Hard employees or contractors are performing service, repair and rinaintenanceactivides, Buyer will ensure that all necessary measures are taken for safety and security ofwov-ldng conditions,, sites and installations during the performance of set-vices. Buyer is the generator of any resulting wastes, including without limitation hazardous wastes, Buyer is solely responsible to arrange for the disposal ofany wastes at its own expense. Buyer will, at its own expense, provide Hach employeesand contractors working on Buyer's prerruses with all finfor-madon and training requ I red under applicable safety compliance regulations and Buyer's policies. If the finsn-urnent to be set viced is in a Confined Space, as that term is defined Under 0SHA regulations, Buyer is solely responsible to make it available to be serviced in an unconfined space. Hach service technicians will not work in Confined Spaces, in the event that a Buyer requires I lach arnployees or contractors to attend safety or- compliance training programs provided by Buyer, Buyer will pay Ilach the standard hourly rate and expense reimbursement for such training attended. The attendance at or completion ofsuch training does riot create or expand any warrantyor obligation of Hach and does not serve to alter, onions, limit or supersede any part of this Contract. s, Im«uu IONS omUSE: Buyer will riot use any Products far any purpose other than those idenLified in I fach's catalogs arid literature as intended uses Unless Mach has advised the Buyer in writing, it) no event will Buyer use any Products in drugs, food additives, food or cosmetics, or medical applications for hurnans or animals, in no event will Buyer rise in any applicationarly Product that requires FDA 510(k) clearance unless slid only to the extent the product has such clearance. Any warranty granted by Hach is vold ifany goods covered by such war-rarity are used for any purpose noLpermlited hereunder, Hach Sales Rra^nework Agreement Template, 2015 08.docx EXHIBIT 6 16, EXPORT AND I M PORT LICENSES AND COMPLIANCIiWITH LAWS: Unless otherwise specified in this Cori tract, Buyer is responsible for obunningany required export or import licenses. Hach represents that all Products delivered hereunder will be produced and supplied in compliance with all applicable laws, and f-CgUlations, Buyerwill comply with all laws arid regulations applicable to the installation or use of all Products, including applicable import arid export control laws and regulations of the U.S, FA1 and any other country having proper jurisdiction, and will obtain all necessary export licenses in connection with any subsequent export, re- export, transfer and use ofall Products and technology delivered hereunder Buyer will not sell, transfer, export or re- export any Ilach Products or technology for use in activities which involve the design, development, production, use or stockpiling of nuclear, chemical or biological weapons or missiles, nor use Hach Products or technology in any facility which engages in activities relating to such weapons. Buyer will cornply with all local, national, and other- laws of all jurisdictions globally relating to and-corruption, bribery, extortion, kickbacks, or similar matters which are applicable to Buyer's business activities in connection with this Contract, including but riot limited to the U.S. Foreign Corrupt Practices Act of 1.977, is amended (the "FCPA"), Buyer agrees that no payment of money or provision of anything of value will be offered, promised, paid or transferred, d irectly or Indirectly, by any person or entity, to any government official, government employee, or, employee of any company owned in part by a government, pohtical party, political party official, or candidate for any government office or political party office to mouse such organizations or persons to rise their authority or, influence to obtain or retain air improper business advantage for Buyer or for flach, or which otherwise constitute or have the purpose or effect ofpublic or commercial bribery, acceptance ofor acquiescence in extortion, kickbacks or other unlawful or improper means of obtaining business or any improper advantage, with respect to any of Buyer's activities related to this Contract, flach asks Buyer to "Speak Up!" if aware crony violation of law, regulation or our Standards of Conduct ("SOC") in relation to this Contract. See littf)://danaherxom /iritegr!Ly andcomphance arid www.danamirintagrity.corn for a copy of the SOC and for access to our Helpline portaL risen asks Buyer to "Speak Up!" if aware of any violation of law, regulation or our Standards of Conduct ("SOC") in relation to this Contract. See http://dwiaher.coyii/integrit.y.and-comr)liance and www.clanaherin tegr ity.com for a copy of the SOC and for access to out Helpline porral, flach is excused from performance of its obligations Linder, this Contract to the extent caused by acts or, emissions that are beyond its control, including but riot limited to Government embargoes, blockages, seizures or freeze of assets, delays or refusals to grant an export or import license or the suspension or revocation thereof, or any other acts ofarry Government; fires, floods, severe weather conditions, or any other acts of God; quarantines; kibor strikes or lockouts; ifouc strife; Insurrections; civil disobedience or acts of criminals or terrorists; war; material shortages or delays in deliveries to flach by third parties. In the event of the existence of any force majeure circumstances, the period of time for delivery, payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay. If the force majeure circumstances extend for six inoriths, Flach may, at its option, terminate this Contract without penalty and without being deerned in default or in breach thereof, 18. NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract or any rights or interests hereunder without flach's prior written consent. Failure of either party to insist upon strict performance of any provision of this Contract, or to exercise any right or, privilege contained herein, or ffie waiver orally breach of the terms or conditions of this Contract will not be construed as thereafter warving any such terms, conditions, rights, or privileges, arid the same will continue and remain in force and effect as if no waiver had occurred. 19. LIMITATION OF LIABILI'T'Y: None of the Hach Indemnified Parties will be liable to Buyer, under any circumstances for any special, treble, incidental or consequential damages, including without limitation, damage to or loss of property other than for the Products purchased hereunder; damages incurred in installation, repair or replacement; lost probts, revenue or opportunity; loss of rise; losses resulting from or related to downtime of the products or inaccurate measurements or reporting; the cost of substitute products; or claims of Buyer's customers, for, such damages, howsoever caused, and whether based on warranty, contract, and/or tort (including negligence, strict liability or otherwise). The total liability of the Bach Indemnified Parties arising out of the performance or nonperformance hereunder or liach's obligations in connection with the design, manufacture, sale, delivery, and/or use of products will in no circumstance exceed in the aggregate a ruin equal to twice the amount actually paid to Hach for Products delivered hereunder. 20. APPLICABLE LAW AND DISPUTE RESOLUTION: The construction, interpretation and performance hereofand all transactions hereunder shall be governed by the laws of the State of Colorado, without regard to its principles or laws regarding conflicts of laws. if any provision of this Contract violates any Federal, State or local statutes or regulations of any countries having jurisdiction of this transaction, or is illegal for any reason, said provision sfiall be self-deleting without affecting the validity of the remaining Provisions. Unless otherwise specifically agreed upon in writing between Hach and Buyer, any dispute relating to this Contract which is not resolved by the par-ties shall be adjudicated in order of preference by a court of comperenthirisclictio it (I) in the State of Color-ado, U.S.A. if Buyer has minimum contacts with Colorado avid the U,S,, (I!) elsewhere in the U.S. if Buyer has mirurnurn contacts with the U.S. but not Colorado, or (in) in a neutral location if Buyer does not have minhyrurn contacts with the United States. 21. ENTIREAGREEXENT & MODIFICATION: These `Perms & Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations, whether oral or written. No change to or modification of these Terms & Conditions shall be binding upon Bach unless in a written instrument specifically referencing that it is amending these Terms & Conditions of Sale arid signed by all authorized representative of Mach, ach Bach rejects- any additional or inconsistent Terms & Conditions of Sale offered by Buyer at any time, whether or not such terms or conditions materially alter the Terms & Conditions herein and irrespective of I lach's acceptance of buyer's order for the described goods and services, 22. Additional Provisions: WIRE TRANSFERS: Buyer and flach both recognize that there is a risk ofwire fraud when individuals impersonatinga business demand immediate payment under newwire transferinstructions.To avoid this risk, Buyer mustverhally confurn any new or changed wire transfer instructions by calling Ilach at +1-970 663 1377 and speaking with flach's Credit Manager before transferring any Loonies using the new wire instructions. Both parties agree that they will not institute wire Lransfer instruction changes and require immediate payment under- the new instructions but will instead provide as ton (10) day grace period to verify any wire transfer instruction changes beforeany outstandingfraymorris are clue using the new instructions. Vasil Sales Framework Agreement Template, 2015-0g.doex EXHIBIT 6 HACH COMPANY SALES FRAMEWORK AGREEMENT THIS AGREEMENT is entered into as of the Effective Date by and between Hach and Customer to set forth the terms and conditions for Customer's purchase of Hach's Products, with the foregoing capitalized terms each defined immediately below: Parties„ Hach Company, 5600 Lindbergh Dr., Loveland, CO 80538 ( "Hach ") City of Denton, 9016 Texas Street, Denton, TX 76209 ( "Customer ") Products: Items Listed in A endix A and. as_set_formlh in Hach's Product ITCatalo use or Websiteµ ( "Products ") Effective Date: September 1, 2015 ( "Effective Date ") Expiration Date: August 31, 2016 ( "Expiration Date ") 1. Scope (a) Subject to the terms and conditions of this Agreement, Hach and Customer desire to transact business with each other in an arrangement under which Hach will sell and Customer will purchase the Products for its own use. (b) The terms and conditions set forth herein, together with Hach's then current Terms and Condition of Sale ( "Hach Ts &Cs of Sale ") apply to Customer's individual purchases during the term of this Agreement. (The August 2015 version of the Hach Ts &Cs of Sale are included in Appendix B; further updated versions will be available at http j www.hach.comfterms #feneral.) To the extent any provisions of the Terms and Conditions of Sale conflict with the provisions in the body of this Agreement, the provisions in the body of this Agreement prevail. In no event will any printed terms contained in any request for quotation, purchase order, or other Customer - provided document have any application to any purchase governed by this Agreement, whether such terms may be construed as different from or in addition to any terms set forth herein. 2. Products, Pricing and Updates (a) The prices for Products are the prices established by Hach from time to time in its product catalogue. As special consideration for Customer, during the term of this Agreement, Hach will extend Customer a 5% discount on any Hach product purchased. As additional special consideration, Hach will extend a 10% discount off of the one RTC project under discussion as of the Effective Date. Hach's extension of incentives with respect to any transaction shall not in any way obligate Hach to extend the same to any subsequent transaction. (b) For shipping, no ground freight charges apply. Freight charges will apply for expedited shipments. (c) Customer is responsible for payment of any sales, use or any other taxes (including reasonable administrative charges) due on the sale of Products to Customer. (d) This agreement shall not exceed a total dollar amount of $335,947. 3. Orders (a) Each Order will specify (1) the types of Products to be purchased by Hach SKU number, (2) the price of such Products, (3) the range of dates within which the Products must be delivered, and (4) the delivery location. Each such order will constitute an offer by Customer to purchase the Products specified therein at the price and for delivery during the period specified. Not later than the close of business on the second business day following delivery of any Order, Hach will notify Customer if Hach objects to any requirements of that Order. Unless Hach so objects, Hach will be deemed to have accepted such Order Hach Sales Framework Agreement Template, 2015- 08.doex City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -770, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: September 1, 2015 SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for crane services for Denton Municipal Electric substation and transmission line projects (RFP 5875- awarded to Luckett Crane Service, LTD in the three (3) year not -to- exceed amount of $540,000). The Public Utilities Board recommends approval (7 -0). RFP INFORMATION Denton Municipal Electric (DME) has multiple transmission line and substation projects approved in its five (5) year Capital Improvement Plan. Substation and transmission line construction requires the use of heavy lift cranes. Power transformers, control and switchgear buildings, and large transmission poles, must be offloaded and placed on site. The transformers can weigh upwards of approximately 125 tons, and the buildings can weigh approximately 30 tons. RFP 45875 was structured to obtain pricing for the three most common types of unloading. Respondents were directed to assume that the area was clear and that the crane could set up to offload the equipment from the truck directly to foundation. RFP 45875 also requested that respondents provide hourly equipment rates that could be used to provide crane services for other situations that may arise. Requests for Proposals were sent to 34 prospective suppliers. This list included firms that Denton Municipal Electric (DME) has previously used for this type of service, the State database and the City's supplier database. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Due to the varying sizes of large equipment to be moved, only a limited number of companies can provide this service. One (1) proposal meeting specification was received. The proposal was evaluated based upon published criteria including price, delivery timeframe, compliance with specifications, and indicators of probable performance. Luckett Crane Services, LTD has satisfactorily provided crane services on previous DME projects and was therefore determined to be the best value for the City of Denton. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 24, 2015, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. City of Denton Page 1 of 2 Printed on 8/27/2015 File #: ID 15 -770, Version: 1 RECOMMENDATION Award to Luckett Crane Service, LTD in the three (3) year not -to- exceed amount of $540,000. This amount includes a contingency for upcoming substation construction requirements. PRINCIPAL PLACE OF BUSINESS Luckett Crane Services, LTD. Commerce, TX ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION The costs for these services will be funded from Electric Capital project accounts on an as needed basis. The work proposed will be in the transmission category. These costs for transmission projects will ultimately be recovered through the Public Utility Commission Transmission Cost of Service Program (TCOS). Purchase orders will be issued for each individual project based upon the type of lift required. EXHIBITS Exhibit l: Evaluation/Ranking sheet Exhibit 2: PUB Minutes Exhibit 3: Ordinance Exhibit 4: Contract Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Chris Lutrick at 349 -7152. City of Denton Page 2 of 2 Printed on 8/27/2015 Construction Unit Control Building - Off load building from flatbed trailer to foundation (assume open site with only 1 setup required) Control Building - Relocate building from one site to another (assume 10 miles site to site) Switchgear Building - Off load building from flatbed trailer to foundation (assume open site with only 1 setup required) Switchgear Building - Relocate building from one site to another (assume 10 miles site to site) Power Transformer - Off load transformer from flatbed trailer to foundation (assume open site with only 1 setup required) Power Transformer - Relocate transformer from one site to another (assume 10 miles site to site) Evaluation Total Proposed Contract Total Hourly Rates for All Equipment and Labor associated with Crane Services Luckett Crane Service, LTD Quantity Commerce, TX Estimated Quantity Unit of Measure Unit Price Extended Price 12 EA $5,500.00 $ 66,000.00 3 EA $10,825 $ 32,475.00 20 EA $7,000 $ 140,000.00 5 EA $16,980 $ 84,900.00 20 EA $7,000 $ 140,000.00 5 EA $13,530 $ 67,650.00 $ 531,025.00 $ 540,000.00 Hourly Rates for All Equipment and Labor associated with Crane Services Type of Service or Equipment Quantity Unit Unit Price Extended Price Minir Indicators of Probable Performance 10 10.0 Price 60 Hot 350 Ton Crane, See #15 for pricing on additional trucks of 100 100.0 counterweight, Highway Permit $200, Two hours each way 1 Hour 500 $ 500 8 travel time. 240 Ton Crane, See #15 for pricing on additional trucks of counterweight, Highway Permits $200, Two hours travel 1 Hour 465 $ 465 8 time each way. 175 Ton Crane, See #15 for pricing on additional trucks of counterweight, Highway Permits $200, Two hours travel 1 Hour 420 $ 420 8 time each way. 115 Ton Crane, Highway Permit $150, Two hours travel time each way. 1 Hour 325 $ 325 8 90 Ton Crane, Highway Permit $150, Two hours travel 1 Hour 260 $ 260 8 time each way. 60 Ton Crane, Highway Permit $50, Two hours travel time each way. 1 Hour 185 $ 185 4 40 Ton Crane, Highway Permit $50, Two hours travel time 1 Hour 150 $ 150 4 each way. Rigger /Signal Person 1 Hour 65 $ 65 4 Truck - tractor & trailer, Two hours travel time each way. 1 Hour 110 $ 110 4 Bobtail truck, Two hours travel time each way 1 Hour 65 $ 65 4 Overtime Per Man 1 Hour 25 $ 25 Holiday Time Per Man 1 Hour 50 $ 50 Per Diem Per Man 1 Per night 125 $ 125 8'x 16' Laminated Oak Mats Per Day 1 Per Mat 25 $ 25 8000 lb. Telehandler W /Operator, See #15 for haul truck 1 Hour 125 $ 125 4 pricing, Two hours each way travel time. 16000 lb. Forklift W /Operator, See #15 for haul truck 1 Hour 125 $ 125 4 pricing, Two hours travel time each way. EVALUATION CRITERIA Project Schedule 10 10.0 Compliance with Specifications 20 20.0 Indicators of Probable Performance 10 10.0 Price 60 60.0 Total Points 100 100.0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 EXHIBIT 2 DRAFT MINUTES PUBLIC UTILITIES BOARD August 24, 2015 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, August 24, 2015 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Secretary Randy Robinson, Phil Gallivan, Barbara Russell, Lilia Bynum, Charles Jackson and Brendan Carroll Ex Officio Members: George Campbell City Manager and Howard Martin, ACM Utilities OPEN MEETING: CONSENT AGENDA: 1. Consider recommending approval of a contract with Luckett Crane Service, LTD, Commerce, Texas, for procurement of services and equipment to offload and move large substation equipment, in an amount not to exceed $540,000 (RFP 45875). Item 1 was pulled by Board Member Gallivan for a question. Of the $540,000 does that cover just one substation, multiple or until the contract is complete. Phil Williams, General Manager DME, answered this covers the remaining five substations for three years. Motion was made to approve item 1 by Board Member Gallivan with the second by Board Member Russell. The vote was 7 -0 approved. Adjournment 9:42 a.m. EXHIBIT 3 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR CRANE SERVICES FOR DENTON MUNICIPAL ELECTRIC SUBSTATION AND TRANSMISSION LINE PROJECTS (RFP 5875- AWARDED TO LUCKETT CRANE SERVICE, LTD IN THE THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $540,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for crane services for Denton Municipal Electric in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 5875 Luckett Crane Service, LTD $540,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. EXHIBIT 3 SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 5875 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposals. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY _ A BY: DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AN LUCKETT CRANE SERVICES, LTD (RFP 5875) THIS CONTRACT is made and entered into this date , by and between Luckett Crane Services, LTD, a corporation, whose address is PO BOX 252, Commerce, TX 75429, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall provide products and /or services in accordance with the City's document RFP 5875- Crane Services, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A "); (b) Request for Proposal (Exhibit `B" on File at the Office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions (Exhibit "C "); (d) Insurance Requirements (Exhibit "D "); (e) Contractor's Proposal. (Exhibit "E "); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: JENNIFER WALTERS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 5ocu Signed by: 6'6t �A C821996C2A2B439... Contract 4 5875 CONTRACTOR DocuSigned by: ATHORIIZED SIGNATURE Date: 8/19/2015 Name: Bryan Duckett Title: General Partner 903 - 886 -3407 PHONE NUMBER luckettcrane @yahoo.com EMAIL ADDRESS CITY OF DENTON, TEXAS BY: GEORGE C. CAMPBELL, CITY MANAGER Date: DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 Exhibit A Special Terms and Conditions Total Contract Amount The contract total for services shall not exceed $540,000. Pricing shall be per Exhibit E attached. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one -year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. Price Escalation and De- escalation Prices for the services must be firm for a period of one year from date of contract award. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, U.S. Energy Information Administration (EIA) prior 52 week average for Midwest (PADD 2) for retail diesel (on- highway) — all types 2) U.S Department of Labor, Bureau of Labor Statistics, Employment Cost Index (ECI) for Total Compensation, Private Industry Construction Workers (CIU2012300000000A) as found at (http: / /www.bls.gov). The price will be increased or decreased based upon the annual percentage change. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be determined annually at the renewal date. Should the index change exceed a minimum threshold value of + / -1 %, then the stated eligible contract prices shall be adjusted in accordance with the appropriate index change not to exceed the 8% limit per year. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 Fxhihit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's contract are applicable to contracts /purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the seller's proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City's premises or on public rights -of -way. 1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE /TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non - conforming deliverables. If the City has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or the deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non - complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor's obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City's facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property. i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( "IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor's invoice. C. Invoices for labor shall include a copy of all time - sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work -hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of- i. delivery of defective or non - conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by the contractor in traveling to and from City facilities whall not be reimbursed, unless otherwise negotiated. 15. FINAL PAYMENT AND CLOSE -OUT: A. If a DBE /MBE /WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close -Out MBE /WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books ", "records ", "documents" and "other evidence ", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE /MBE /WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY - PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non - conforming deliverables, or replace the non - conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non - conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under this section. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON - CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non - conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non - conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and /or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non - conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage's and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self - insured retentions, if any, stated in policies. All deductibles or self - insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse affect on the Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof, and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co- counsel on the City's behalf. Further, Contractor agrees that the City's specifications regarding the deliverables shall in no way diminish Contractor's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City's and /or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know -how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information "). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and /or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and /or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made - for -hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made -for- hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made - for -hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work - made - for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and /or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision - making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer /employee relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45. ASSIGNMENT - DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre - printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision - making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: New Year's Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON - SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub - awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non - Procurement Programs, the State of Texas, or the City of Denton. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT - SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty -free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means - (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. IOa - IOd) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate ". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis -Bacon Wage Determination at http: / /www.dol.gov /whd/contracts /dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD- 2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on -site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing with issuance of Form W -2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers' Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100 -690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug -free work environment; and the final rule, government -wide requirements for drug -free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government- owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non - performance or delay in performance. 65. NON - WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP /Bid documents 3. City's standard terms and conditions 4. Purchase order 5. Supplier terms and conditions Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 Exhibit D INSURANCE REQUIREMENTS AND WORKERS' COMPENSENTATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted. • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better. • Any deductibles or self - insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self - insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. ■ That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 • any auto, or • all owned hired and non -owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain Workers' Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 [X] Riggers Insurance The Contractor shall provide coverage for Rigger's Liability. Said coverage may be provided by a Rigger's Liability endorsement on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger's Liability Coverage form. Said coverage shall mirror the limits provided by the CGL coverage [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside /outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 ATTACHMENT 1 [X] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ( "certificate ") -A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food /beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA EXHIBIT 4 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Contract 4 5875 DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA :ontract 5875 EXVfT 4 Supply of Crane Service for the City of Denton Luckett Crane Service, LTD Commerce, TX 75429 Bryan Luckett 903 - 886 -3407 www.ILAckettcrar,�eservic,..,.com lqckg Lgrpne 6) ah o.co DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA :ontract 5875 E,VMh 4 RFP #5875 Pricing Sheet for DME CIP Crane Services Item # Construction Unit Unit of Measure Unit Price 1 Control Building - Off load building from flatbed trailer to foundation (assume open site with only 1 setup required) EA $ 5,500.00 2 Control Building - Relocate building from one site to another (assume 10 miles site to site) EA $ 10,825.00 3 Switchgear Building - Off load building from flatbed trailer to foundation (assume open site with only 1 setup required) LF $ 7,000.00 4 1 Switchgear Building - Relocate building from one site to another (assume 10 miles site to site) EA $ 16,980.00 5 Power Transformer - Off load transformer from flatbed trailer to foundation (assume open site with only 1 setup required) EA $ 7,000.00 6 Power Transformer - Relocate transformer from one site to another (assume 10 miles site to site) EA $ 13,530.00 SECTION II - Hourly Rates for All Equipment and Labor associated with Crane Services Item Minimum Type of Service or Equipment Unit Unit Price # Hours 7 350 Ton Crane, See #15 for pricing on additional trucks of counterweight, Highway Permit $200, Two hours each way travel time. Hour $ 500.00 8 8 240 Ton Crane, See #15 for pricing on additional trucks of counterweight, Highway Permits $200, Two hours travel time each way. Hour $ 465.00 8 9 175 Ton Crane, See #15 for pricing on additional trucks of counterweight, Highway Permits $200, Two hours travel time each way. Hour $ 420.00 8 10 115 Ton Crane, Highway Permit $150, Two hours travel time each way. Hour $ 325.00 8 11 90 Ton Crane, Highway Permit $150, Two hours travel time each way. Hour $ 260.00 8 12 60 Ton Crane, Highway Permit $50, Two hours travel time each way. Hour $ 185.00 4 13 40 Ton Crane, Highway Permit $50, Two hours travel time each way. Hour $ 150.00 4 14 Rigger /Signal Person Hour $ 65.00 4 15 Truck - tractor & trailer, Two hours travel time each way. Hour $ 110.00 4 16 Bobtail truck, Two hours travel time each way Hour $ 65.00 4 17 Overtime Per Man Hour $ 25.00 18 Holiday Time Per Man Hour $ 50.00 19 Per Diem Per Man Per night $ 125.00 20 8'x 16' Laminated Oak Mats Per Day Per Mat $ 25.00 21 8000 lb. Telehandler W /Operator, See #15 for haul truck pricing, Two hours each way travel time. Hour $ 125.00 4 22 16000 lb. Forklift W /Operator, See #15 for haul truck pricing, Two hours travel time each way. Hour $ 125.00 4 SECTION III - Delivery Timeframe 19 Estimated time between notice to proceed for a lift and mobilization to Denton (calendar days) 15 21 Number of similar lifts completed in preceeding 24 months 22 ?7 I Total length of wall construction completed within the vreceedin¢ 36 months DocuSign Envelope ID: 9AABD9B9-829B-4E53-822B-77C43F218EBA :ontract 5875 Moo 4 ftento4 n RFP for Supply of Crane Services SOLICITATION CHECKLIST Check when Complete k Task to be Completed by Respondent V*� Exhibit I — _Pricing sheet 2 Review Exhibit 2 General Provisions and Terms and Conditions L.-'— Review Exhibit 3 Scope of Work/Technical Specifications 4 Review Exhibit 4 — Lifting Diagrams 5 Submission of Equipment Schedule (Section 16) 6 Submission of Lifting Plan (Section 17) 7 Cover sheet 8 Solicitation number 9 Solicitation name 10 Firm name 1.1 Firm address Contact name Contact phone Contact fax Website address Z' Contact email address Solicitation Checklist Attachment A- Business Overview Questionnaire Document how firm meets minimum qualifications (Section 3) Detail to support evaluation criteria Attachment B — Exception Form Attachment C — Safety Record Questionnaire Attachment D — Reference Form Attachment E — Conflict of Interest Questionnaire Form — with signature Attachment F - Acknowledgment Acknowledgment of Addenda \4,z Submission signed by authorized officer, in the order specified below Hard Cony Submission: If submitting a hard copy, the City requires one (1) original and three (3) copies, with the pricing sheet submitted electronically in excel or emailed in excel to Ebids(a—),citvotdenton.corn with the Solicitation # and name in the subject line. Electronic Submission: If submitting an electronic proposal only, email to Ebidskcityofdenton-com with the Solicitation # and name in the subject line. The pricing sheet (Exhibit 1) must be in excel format. Submit response, with tabs marking each section, in the following order: Order for Submission Document .1 Cover Sheet 2 Pricing Sheet -- Exhibit I 3 Solicitation Checklist 4 Attachment A- Business Overview Questionnaire 5 Attachment B — Exception Form 6 Attachment C — Safety Record Questionnaire (if applicable) 7 Attachment D — Reference Form 8 Attachment E — Conflict of Questionnaire Form 9 Attachment F - Acknowledgment 10 Equipment Schedule 1.1 Lifting Plan RFP 5875 - Main Document Page I I of 20 DocuSign Envelope ID: 9AABD9B9-829B-4E53-822B-77C43F218EBA :ontract 5875 W 0 R 4 rIton RFP for Supply of Crane Services X"§WO�Mjk-BUSINESS OVERVIEW QUESTIONNAIRE AND FORMS 1. Contractor legal name and address (for contracting purposes): Luckett Crane Service, LTD PO Box 252 Commerce, TX 75429 2. Subsidiary of- N/A 3. Organization Class (circle): Partnership (arpo ation Individual Association Z� 4. Tax Payer ID#: 75-2926760 5. Date Established: 1968 6. Historically Underutilized Business: Yes oroo 7. Does your co ,parry have an established physical presence in the State of Texas, or the City of Denton? (Yjeor No, in which? State of Texas 8. Please provide a detailed listing of all products and/or services that your company provides. Crane rental service with operators. 9. Has your company filed or been named in any litigation involving your company and the Owner on a contract within the last five years under your current company name or any other company name? If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. No 10. Have you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and why? Give name and telephone number of Owner. No 11. Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). NO RFP 5875 - Main Document Page 12 of 20 DocuSign Envelope ID: 9AABD9B9-829B-4E53-822B-77C43F218EBA :ontract 5875 0 o 4 fo ftenton RFP for Supply of Crane Services 12. Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction Standards" as they apply to your Company's customary activities? Yes litti)://www.osha.aov/Dls/oshaweb/owasreh.search form?o doc tvne=STANDARDS&D tOC level=l&p keyvalue=1926 13. Resident/Non-Resident Bidder Determination: Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits cities and other governmental units from awarding contracts to a non-resident firm unless the amount of such a bid is lower than the lowest bid by aTexas resident by the amount the Texas resident would be required to underbid in the non-resident bidders' state. In order to make this determination, please provide the name, address and phone number of a. Responding firms principle place of business: Cormnerce, Texas b. Company's majority owner principle place of business: Commerce, Texas Ultimate Parent Company's principle place of business: Commerce, Texas KFP 5875 - Main Document Page 13 of 20 DocuSign Envelope ID: 9AABD9B9-829B-4E53-822B-77C43F218EBA :ontract 5875 Y10 4 ftento4 n RFP for Supply of Crane Services 14. Provide details to support the evaluation criteria, including experience and delivery. 15. We provide experienced personnel and good equipment to safely take care of all types of heavy lifting for power plants, municipalities, refineries, manufacturing plants, construction jobs, etc. We have maintained an excellent safety record and service commitment over the years to our customers. Provide details on how firm meets the minimum qualifications stated in this Main document Section 3. a. The details must be completed on this form, and shall not point to another document in the respondent's proposal. b. Sign below and return form with final submission. Luckett Crane Service has been in business since 1969. It is registered with the State of Texas as of 1999 when it was incorporated. All equipment is registered, inspected, and maintained to meet all OSHA standards. All personnel are licensed with the required credentials and certifications to meet the services in this contract. I certify that our firm meets the minimum qualifications as stated in this Main document, Section 3. Signature Luckett Crane Service, LTD Company 08-01-2015 Date RFP 5875 - Main Document Page 14 of 20 DocuSign Envelope ID: 9AABD9B9-829B-4E53-822B-77C43F218EBA :ontract 5875 �1#ffift 4 0 en on RFP for Supply of Crane Services X%X%M"KPC-SUBMISSION EXCEPTIONS Any exceptions taken to this solicitation (including terms and conditions in Exhibit 2, the General Provisions and Terms and Conditions) must be itemized on the lines below. Additional pages may be added as needed. If there are no exceptions, please sign where indicated at the bottom of the page. Item # Description F Site Conditions-Quotes that are provided in this RFP are for loading and unloading at an accessible . site. If mats are required for the crane and haul truck, this will be an additional charge. The mats we provide are 8'x 16' laminated oak mats. There are 14 mats to a truck load. The transportation charges and daily rental on the mats is provided in Section#2 of Exhibit 1. Exhibit I # 22 —Scheduling-Normally 15 days notice would be sufficient. We also understand that when an --emergency occurs your work would be a priority and we would do our best to accommodate the City of Denton as soon as possible. Exhibit# I-Transportation-These quotes are subject to route and permit approval. Utility companies and bucket trucks if required will be charged at co t olus 20%. The above exceptions (and any additional pages identified) are the ONLY exceptions to the specifications, General Provisions and Terms and Conditions in Exhibit 2, and sample contract to this solicitation. I understand that the City may not accept additional exceptions produced after final submission of this proposal. Signature Luckett Crane Service, LTD --j-b Company Date No Exceptions are taken to this solicitation or the General Provisions and Terms and Conditions in Exhibit 2. Signature Company Date RFP 5875 - Main Document Page 15 of 20 DocuSign Envelope ID: 9AABD9B9-829B-4E53-822B-77C43F218EBA :ontract 5875 tly owe en t 0 4 n RFP for Supply of Crane Services MTX0H0"X"":"'7SAFETY RECORD QUESTIONNAIRE The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to award of City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the following written definition and criteria for accurately determining the safety record of a respondent prior to awarding City contracts. The definition and criteria for determining the safety record of a respondent for this consideration shall be: The City of Denton shall consider the safety record of the respondent in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Denton, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the respondent for violations of OS14A regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of Health (TDI 1), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the respondent and his or her ability to perform the services or goods required by the solicitation documents in a safe environment, both for the workers and other employees of respondent and the citizens of the City of Denton. In order to obtain proper information from respondents so that City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that respondents answer the following three (3) questions and submit them with their submissions: KFP 5875 - Main Document Page 16 of 20 000uSign Envelope ID: e*Aoonoe-8ueo4E5a-8uuo-7ro4aFu1oEBA :ontract 5875 qi YOWenton RFP for Supply of Crane Services QUESTION ONE Has the respondent, or the firm, corporation, partnership, or institution by the respondnet, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3)years? YES NO x If the respondent has indicated YES for question number one above, the respondent must provide to City of Denton, with its submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. O0E8T8ON TWO Has the respondent, m the firm, corporation, partnership, or institution represented by the respondent, or anyone acting for such firm, corporation, partnership or institution, received cdutkxnx for violations of environmental protection |mve or regulations, of any kind or type, w/hbiu the pumi five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines uauemuc6` pending criminal complaints, indictments, or uooviu1i000" uduziuiobuiivc orders, draft orders, final orders, and judicial finul judgments. YES NO X If the respondent has indicated YES for question number two above, the respondent omd provide to City of Denton, with its submission, the following information with respect to each such conviction: Date of offense or occurrence, kocu1knn vrbcrc offense occurred, type of offense, fiou disposition of offense, Juny,and penalty uomsxed. QUESTION THREE Has the respondent, or the firm corporation, partnership, or institution represented by respondent, or anyone acting for such firm corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO X If the respondent has indicated YES for question number three above, the respondent mod provide to City of Denton, with its submission, the following information with respect 10 each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. RFp 5875 ' Main Dovuozou Page 17 Of20 DocuSign Envelope ID: 9AABD9B9-829B-4E53-822B-77C43F218EBA :ontract 5875 i o Pe4 nton RFP for Supply of Crane Services Old 0, 6 Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this solicitation. REFERENCE ONE GOVERNMENT/COMPANY NAME: Farmers Electric Coop LOCATION: Greenville TX CONTACT PERSON AND TITLE: Sam Warren, Supervisor TELEPHONE NUMBER:903-456-1238 SCOPE OF WORK: Transformers, regulators, breakers CONTRACT PERIOD: REFERENCE TWO GOVERNMENT/COMPANY NAME: Oncor Electric Delivery LOCATION: Greenville, Sulphur Springs, and Sherman, Texas CONTACT PERSON AND TITLE: Nathan Arrington, Supervisor TELEPHONE NUMBER: 903-243-4309 SCOPE OF WORK: Transformers work in substations CONTRACT PERIOD: Annual Contract REFERENCE THREE GOVERNMENT/COMPANY NAME: G.E.U.S. LOCATION: Greenville Texas CONTACT PERSON AND TITLE: Terry Carpenter, Supervisor TELEPHONE NUMBER: 903-453-5131 SCOPE OF WORK: Transformers, regulators, etc. CONTRACT PERIOD: Annual Contract RFP 5875 - Main Document Page 18 of 20 DocuSign Envelope ID: 9AABD9B9-829B-4E53-822B-77C43F218EBA :ontract 5875 �#ft.l RFP for Supply of Crane Services CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code, A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. AI Name of person who has a business relationship with local governmental entity. E—ff Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7ffi business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3] Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the Filer has an employment or other business relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 Yes E-1 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, frorn or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? = Yes E—] No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? = Yes F--]No D. Describe each affiliation or business relationship. 4 I have no Conflict of Interest to disclose. qP/1 twts- Signdkrc of person doing business with the governmental entity Date RFP 5875 - Main Document Page 19 of 20 000uSign Envelope ID: e*Aoonoe-8ueo4E5a-8uuo-7ro4aFu1oEBA :ontract 5875 �$"f 4 on RFP for Supply of Crane Services The undersigned agrees this submission becomes the property ofthe City of Denton after the official The uf�rmohokuoDnnUk��odkhnac��d��� cxhU�r and other ----�''- -r---'------��—�- - --' local conditions tinder which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of materials undoguipmcot;uodu||o(8eznugte,adbatpdl]horeguirodfocdbewo/khofbreaubnit1inguroaponae. The undersigned agrees, if this eohmiomioo is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the rmma and conditions contained in the specification. The period for acceptance of this submission will be 120 calendar days unless a different period is noted. The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been prepared in collusion with any other respondent, nor any employee of the City of Denton, and that the contents Vf this submission have not been communicated to any other rrxpoodonto/touoyomplvyeeofduCitynfDcutnupdo,totbuucccpimnccof this submission. Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise tmder the antitrust laws of the United States, |5USCA Section l���1, and which arise under the antitrust laws ofthe State of Texas, Tex. Bus. /bCom.Code, Section l5.0l,e ��� The undersigned affirms that they have read and do understand the apocifiou6000.all exhibits and attachments contained io this solicitation package. The undersigned agrees that the solicitation package posted outhe *ebaitu are the official upeoUloo1iono and shall not alter the electronic copy of the specifications and/or pricing sheet (Exhibit 1), without clearly identifying changes. The undersigned nodormundo they will be responsible for monitoring the City of Denton Purchasing \Veboi(o u1: to ensure they have dnvmioudpd and signed all addendum(s) required for submission with their response. I certify that l have made no vviObJ udwropronootaui000 in this submission, nor have l withheld information in my statements and answers to questions. I am aware that the information given by me in this submission will be investigated, with my full permission, mid that any misrepresentations or omissions may cause my submission to be rejected. Acknowledge receipt of following addenda to the solicitation: Addendum No|Dated Addendum No2Dated Addendum No 3 Dated NAME AND ADDRESS OF COMPANY: Luckett Crane Service, LT PO Box 252 Commerce, TX 75429 Tel. No. Received Received Received AUTHORIZED REPRESENTATIVE: Signature Date 08/01/2015 Name Bryan Luckett Title General Partner Fax No. 903-886-1623 D1,'P5875 Main Document Page 20 0f2U DocuSign Envelope ID: 9AABD9B9- 829B- 4E53- 822B- 77C43F218EBA :ontract 5875 EXVfT 4 List of Cranes 40 Ton 2007 Grove TMS500E #227463 40 Ton 2007 Grove TMS500E #227101 60 Ton 2000 Grove TMS760E #221477 60 Ton 2004 Grove TMS760E 4223591 60 Ton 2005 Grove TMS760E #224469 90 Ton 2007 Grove TMS900E 4227161 115 Ton 2014 Grove GMK4115 #41006103 175 Ton 1998 Grove GMK5175 #51608204 240 Ton 2004 Grove GMK5240 #52009250 350 Ton 2008 Grove GMK6350 #63009143 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -773, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Denton Municipal Electric CM/ ACM: Howard Martin Date: September 1, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designees to expend funds in an amount not to exceed $142,500.00 for the renovation of residential property located at 1224 North Bonnie Brae St., in the City of Denton, Texas. The purpose of the project is to provide a decent, safe, and sanitary replacement residence for a legally disabled Denton citizen who will be displaced due to an existing City infrastructure expansion as required by law. BACKGROUND The City of Denton is current owner of the residence located at 108 South Bonnie Brae St., Denton, TX. It is occupied by the tenant of the former property owner. The current tenant is a person who enjoys certain protection and accommodations under the Americans with Disabilities Act (ADA). The residence he currently occupies will need to be vacated and demolished as part of the DME substation construction project. By law, the City of Denton must provide all persons displaced in situations such as this, relocation support and services. The City is acting accordingly for all such persons however, the occupant here presents special circumstances due to his status under the ADA. The City is obligated to assist in locating housing for displaced persons taking into consideration timing, location, affordability, and the individual circumstances of the displaced persons. After a search based on these criteria, there is little if any alternative housing meeting these criteria available for the occupant. In the case that comparable replacement housing is not available, such as this one, the City is not released from its obligation to locate alternative housing. Rather, the City becomes a provider of last resort and has broad authority to provide replacement housing including but not limited to the rehabilitation/renovation of an existing dwelling or even the construction of a new replacement dwelling. The City of Denton is the current owner of the residence located at 1224 North Bonnie St., Denton, TX. The residence is unoccupied, but it is in need of repairs in order to make it decent, safe, and sanitary for occupation. Due to its location near the current dwelling and the fact that the City is already the owner, it is an ideal candidate to renovate in order for the City to complete its legal obligation to the disabled occupant of 108 South Bonnie Brae St. OPTIONS 1. Approve the renovation project of the existing structure in conformity with all laws and regulations. City of Denton Page 1 of 2 Printed on 8/27/2015 File #: ID 15 -773, Version: 1 2. Do not approve the renovation project and provide staff with further direction on alternatives to accommodate the displaced party in conformity with all laws and regulations. 3. Table for further discussion. RECOMMENDATION DME staff recommends approval of the renovation project. ESTIMATED SCHEDULE OF PROJECT Completion of renovation work is expected to be January 1, 2016. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board conducted a public site selection hearing and selected the site which includes abovementioned Property Interest on November 10, 2014. The City Council conducted a public site selection hearing and selected the site which includes the abovementioned property on December 2, 2014 by a passing Resolution No. 2014 -043. The City Council approved the purchase of the property located at 108 South Bonnie Brae on December 16, 2014 by approving Ordinance No. 2014 -428. The City Council approved the purchase of the property located at 1224 North Bonnie Brae on February 3, 2015 by approving Ordinance No. 2015 -024. FISCAL INFORMATION This project is directly connected to the Hickory substation/transmission project. As such, the costs will ultimately be recovered through the Public Utility Commission transmission cost of service program (TCOS). EXHIBITS 1. Renovation estimate 2. Ordinance Respectfully submitted: Phil Williams General Manager Prepared by: Smith L. Day Compliance Manager City of Denton Page 2 of 2 Printed on 8/27/2015 Exhibit 1 Projected Cost 1224 North Bonnie Brae Street Proposed Renovations /Improvements 1. Asbestos Abatement $7,000 2. Foundation $15,000 3. Concrete and Drainage — ADA sidewalks, French drains, driveway drain $18,000 4. Garage Modification — remove to easement, new wall and entryway $12,000 5. Roofing - shingles, vents and turbines, skylight $9,500 6. Electrical — upgrade to code, ADA modifications $10,000 7. Plumbing / HVAC — air conditioner, furnace, water heater, kitchen, bath, ADA $20,000 8. Flooring — carpet, linoleum, tile $10,000 9. Painting — interior and exterior $8,000 10. Miscellaneous Remodel / Repair — walls, doors, windows, ADA, etc. $33,000 Total $142,500 Total improvements related to ADA work (included in categories above) - $23,000 Projected completion date: January 1, 2016 SALega1\0ur Docutnents\0rdinances \15Voe Revis Housing Ordinance.doa ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SPEND NOT MORE THAN ONE HUNDRED AND FORTY TWO THOUSAND FIVE HUNDRED AND NO CENTS ($142,500.00) TO RENOVATE 1224 N. BONNIE BRAE ST. IN ORDER TO PROVIDE A DECENT, SAFE AND SANITARY RESIDENCE FOR A LEGALLY DISABLED CITIZEN WHO WILL BE DISPLACED BECAUSE OF ELECTRIC UTILITY INFRASTRUCTURE EXPANSION BECAUSE COMPARABLE REPLACEMENT HOUSING IS NOT AVAILABLE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has acquired numerous parcels on N. Bonnie Brae St. between W. Oak St. and W. Hickory St. for the relocation and expansion of the Hickory Substation; WHEREAS, the landowners and/or tenants who were impacted by the Hickory Substation relocation and expansion are legally entitled to relocation benefits which includes comparable replacement housing which is decent, safe and sanitary; WHEREAS, one of the tenants impacted by the relocation and expansion of the Hickory Substation is legally disabled and requires specific housing needs which have not been able to be located within the City; WHEREAS, the City owns residential real property located at 1224 N. Bonnie Brae St. which will provide comparable replacement housing which is decent, safe and sanitary for the legally disabled tenant after renovations are made to the same; WHEREAS, on July 22, 2015 the City's Public Utility Board considered the relocation issues related to the legally disabled tenant and unanimously recommended to the City Council that renovations be made to 1224 N. Bonnie Brae St. in order to provide comparable replacement housing which is decent, safe and sanitary; NOW, THEREFORE, SECTION 1. The recitations contained in the Preamble to this ordinance are incorporated by reference into this Ordinance. SECTION 2. The City Manager, or his designee, is authorized to execute on behalf of the City of Denton, as needed, all contracts and agreements necessary to complete the renovation of 1224 N. Bonnie Brae St. in order to provide a legally disabled tenant with comparable replacement housing that is decent, safe and sanitary. SECTION 3. The City Manager, or his designee, is authorized to spend no more than One Hundred and Forty Two Thousand and Five Hundred and No Cents ($142,500.00) to complete the renovation of 1224 N. Bonnie Brae St. SECTION 4. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 5. This Resolution shall take effect immediately from and after its adoption. PASSED AND APPROVED this the day of 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -775, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Denton Municipal Electric CM/ ACM: Howard Martin, Utilities 349 -8232 Date: September 1, 2015 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement or agreements by and between the City of Denton, Texas and the Texas Municipal Power Agency (TMPA), that provides for terms and conditions under which Denton Municipal Electric will be responsible for the operation and maintenance of all TMPA transmission assets located within Denton County, Texas, in substantial conformity with the attached exhibits; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND The City of Denton is a member of the TMPA who owns transmission assets that deliver electric power to the City. TMPA has been utilizing contractual agents (namely the City of Garland) to operate and maintain the bulk of its transmission assets. In 2013 TMPA authorized DME to construct, own, and operate parts of the Denton 138kV transmission infrastructure. Because of DME's intimate knowledge of the local system, and because DME already performs many required operational functions, both TMPA and DME recognize that it would be more efficient and mutually beneficial for DME to provide operational, maintenance, and construction services with a more formal arrangement. DME has consulted both the Electric Reliability Council of Texas (ERCOT), who is responsible for the grid operations within DME's area, and the Texas Reliability Entity (TRE), who is responsible for the enforcement of regulatory reliability standards. DME's operations plan for these assets was well received by both organizations and there were no objections. This agreement provides the terms and conditions under which these tasks will be performed. It is in substantial conformity to an agreement that TMPA already utilized with the City of Garland. The scope of assets under this proposed agreement is limited only to TMPA assets within Denton County, Texas. OPTIONS 1. Approval an ordinance authorizing the City to enter into a Transmission Operator, Maintenance, and Construction Services Agreement with TMPA. 2. Do not approve an ordinance authorizing the city to enter into a Transmission Operator, Maintenance, and Construction Services Agreement with TMPA. 3. Table the item for further discussion. RECOMMENDATION City of Denton Page 1 of 2 Printed on 8/27/2015 File #: ID 15 -775, Version: 1 DME recommends that the City Council approve an ordinance authorizing the City Manager to execute a Transmission Operator, Maintenance, and Construction Services Agreement with TMPA, in substantial conformity with the attached version. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The PUB unanimously recommended that the Council approve the agreement on August 24, 2015. FISCAL INFORMATION The contract contains the terms for reimbursement, invoicing, and payment from TMPA for the cost of services that DME provides in part 3. EXHIBITS 1. Ordinance (Contains Transmission Operator, Maintenance, and Construction Services Agreement with TMPA) Respectfully submitted: Phil Williams General Manager Prepared by: Smith Day Compliance Manager City of Denton Page 2 of 2 Printed on 8/27/2015 SALegal \Our Documents \0rdinances \15 \TMPA Operation and Maintenance Agreement Ordinance.doc EXHIBIT 1 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT OR AGREEMENTS BETWEEN THE CITY OF DENTON ( "CITY ") AND THE TEXAS MUNICIPAL POWER AGENCY ( "TMPA ") THAT PROVIDES FOR THE TERMS AND CONDITIONS UNDER WHICH THE CITY, THROUGH DENTON MUNICIPAL ELECTRIC, WILL BE RESPONSIBLE FOR THE OPERATION, MAINTENANCE AND CONSTRUCTION OF ALL TMPA TRANSMISSION ASSETS IN DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton operates a municipally -owned electric company and is a founding member of the Texas Municipal Power Agency; WHEREAS, TMPA owns transmission assets that deliver electric power to the City and TMPA uses the City of Garland, also a member of TMPA, to operate, maintain and construct the majority of its electric transmission infrastructure; WHEREAS, in 2013 TMPA authorized the City to construct, operate, maintain and own parts of the Denton 138kV electric transmission infrastructure; WHEREAS, the City has been operating for years as a first responder to repair TMPA electric transmission infrastructure in Denton County; WHEREAS, TMPA and the City have agreed that it would be more efficient and mutually beneficial for the City to operate, maintain and construct TMPA electric transmission assets in Denton County; WHEREAS, the City's plans for the operation, maintenance and construction of TMPA electric transmission assets have been reviewed and favorably received by both the Electric Reliability Council of Texas and the Texas Reliability Council; WHEREAS, the Public Utility Board has considered this matter and unanimously recommended that the City Council approve and authorize the execution of the requisite agreement or agreements necessary for the City to operate, maintain and construct TMPA electric transmission assets in Denton County WHEREAS, the City Council finds that this ordinance is in the best interest of both the citizens and ratepayers; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION 1. The recitations contained in the Preamble to this ordinance are incorporated by reference into this Ordinance. SECTION 2. The City Manager, or his designee, is authorized (a) to execute on behalf of the City (i) the agreement, or agreements, substantially in the form of the attached Exhibit "A "; and, (ii) any other documents necessary for fulfilling the terms and conditions of the agreement or agreements; and (b) to snake expenditures in accordance with the terms of the agreement and agreements. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By. TRANSMISSION OPERATOR, MAINTENANCE, AND CONSTRUCTION SERVICES FA �i�hlr•[t� This Transmission Operator, Maintenance, and Construction Services Agreement (the "Agreement ") is entered into on the day of 2015 (the "Effective Date ") between Texas Municipal Power Agency ( "TMPA ") and the City of Denton, Texas (the "City" or "Denton "). Recitals TMPA is the owner of an electric transmission system that has been constructed, operated, and maintained for the purpose of delivering power to the cities of Bryan, Garland, Denton, and Greenville (the "Member Cities ") and providing transmission service to wholesale transmission customers in ERCOT including any additions or modifications to the "TMPA Transmission System ". Exhibit A of this Agreement lists the TMPA assets in Denton County that are subject to this Agreement. This Agreement defines the operation, maintenance, and construction services for those TMPA assets which will be performed by Denton. Definitions Wherever used in this Agreement, the following terms shall have the meanings specified or referred to in this section. Agreement means this TRANSMISSION OPERATOR, MAINTENANCE, AND CONSTRUCTION SERVICES AGREEMENT between Denton and TMPA, including all exhibits or attachments, as the same may be amended, supplemented, or modified in accordance with its terms. 1011M. 1il Annual System Budget shall mean the fiscal year budget approved by the TMPA Board of Directors for the planned operation and maintenance of the TMPA Transmission System. The Annual System Budget will not be funded from bonds or other debt. Annual Capital Budget shall mean the fiscal year budget comprised of the transmission capital projects approved by the TMPA Board of Directors. ERCOT shall mean the Electric Reliability Council of Texas or its successor. FERC shall mean the Federal Energy Regulatory Commission or its successor federal agency. Field Operations refers to the operation of the TMPA Transmission System and shall mean either the manual or automatic process of switching, operating, clearing, and tagging TMPA Transmission System equipment for the purposes of maintaining, testing, servicing, removing, or installing equipment from transmission lines or stations. Good Utility Practice shall mean any of the practices, methods, and acts engaged in or approved by a significant portion of the electric utility industry during the relevant time period, or any of the practices, methods, and acts that, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practices, reliability, safety, and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather includes all acceptable practices, methods, or acts generally accepted in the region. NERC shall mean the North American Electric Reliability Corporation or its successor. Operating Costs shall mean the total actual costs (without mark -up) properly and reasonably incurred by Denton on behalf of TMPA in the ordinary course of business solely for the administration, operation, and maintenance of the TMPA Transmission 2 System, including without duplication: (i) wages and overhead costs for employees of Denton, including overtime, retirement plans, medical and life insurance, disability and occupational hazard insurance, employee benefits, employee savings plan, and employee taxes; (ii) employee recruitment and relocation costs; (iii) employee training, including tuition, travel, meals, and lodging; (iv) maintenance costs and expenses, including scheduled, routine, preventative, and unscheduled maintenance; (v) the cost of consumables, new and replacement spare parts, unloading, handling, and taking inventory of same; (vi) office expenses; (vii) capital expenditures or replacement of equipment approved in writing in advance by TMPA; (viii) care and handling of any hazardous waste; (ix) rolling stock expenses; (x) cost of compliance and permits; (xi) payments for leases of real or personal property or easements needed or used by or in connection with the TMPA Transmission System; (xii) payments due and payable to suppliers under subcontracts entered into by Denton in accordance with the terms of this Agreement, (xii) reasonable and customary employee transition expenses payable upon termination of the Term, and (xiv) costs of insurance. "Operating Costs" does not include the costs of improvements, expansions, and extensions of the TMPA Transmission System; such costs shall be for transmission capital projects and included in the Annual Capital Budget. Party shall mean either Denton or TMPA, and "Parties" shall mean Denton and TMPA, collectively. Protective Relay shall mean a device that detects abnormal power system conditions and, in response, initiates automatic control action. Protective Relay System shall mean a group of protective relays and associated sensing devices and communications equipment that detects system abnormalities and performs automatic control action to mitigate or reduce adverse effects of such abnormalities. PUCT shall mean the Public Utility Commission of Texas or its successor. Qualified Personnel shall mean individuals trained for their positions in accordance with Good Utility Practice. 3 Rollin Stock tock shall mean any motorized vehicle (personnel truck, crane, bucket truck, all- terrain vehicle, etc.) or any non - motorized trailers used for transporting equipment or supplies. Services shall mean all work, services, and other functions to be provided and performed by Denton for the operation, maintenance, and construction of the TMPA Transmission System as set forth in this Agreement. Supervisory Control and Data Acquisition (SCADA) shall mean a system that provides data acquisition, supervisory control and alarm display and control from remote field locations to control centers. Transmission Operator shall mean the entity registered with NERC as the transmission operator for all or portions of the TMPA Transmission System. THE shall mean the Texas Reliability Entity, Inc. or its successor. 4 Agreement In consideration of the mutual obligations of the Parties as set forth below, TMPA and Denton agree as follows: Section 1.0 Transmission Operator, Maintenance, and Construction Services Functions 1.1 Denton, as Transmission Operator, shall perform the Transmission Operator, Maintenance, Construction Services, and other functions associated with the TMPA Transmission System that are described in this Agreement (the "Transmission Functions "). The transmission assets that are subject to this Agreement are described in Exhibit A. 1.2 In performing the Transmission Functions, Denton shall discharge the duties relevant to those functions under applicable Federal and State laws and regulations, including applicable rules and regulations of FERC, the PUCT, NERC, and ERCOT, including those enforced by the TRE. TMPA shall provide to Denton any and all information, documents, and access to facilities in its possession or control that are necessary to enable Denton to discharge its duties under this Agreement, including access to TMPA information systems, substations, and other property reasonably necessary to enable Denton to discharge its duties under this Agreement. For the TMPA Transmission System, TMPA and Denton will each make commercially reasonable efforts to utilize information and work management systems that are compatible with those of the other Party while ensuring such systems are on par with industry standards. TMPA shall cooperate with Denton's efforts to perform the Transmission Functions in accordance with any applicable NERC Standards and ERCOT Operating Guides and Protocols. Denton shall be responsible for creating and maintaining all necessary policies and procedures required for Denton to perform the Transmission Functions. 1.3 In performing its duties under this Agreement, Denton shall act in the capacity of an independent contractor to TMPA, and not as an agent except in those cases in which this Agreement expressly describes Denton's role as that of an agent. 5 Section 2.0 Transmission Functions 2.1 System Operation and Maintenance (O &M) In relation to the operation and maintenance of TMPA Transmission System assets listed in Exhibit A, Denton shall discharge the duties imposed on transmission owners in ERCOT by applicable Federal and State laws and regulations, including applicable rules and regulations of FERC, PUCT, NERC, and ERCOT. All operation and maintenance activities for the TMPA Transmission System listed in Exhibit A will be the responsibility of Denton. Denton shall control and direct maintenance activities in accordance with Good Utility Practice to maintain the service life of equipment and ensure systems remain in good working order during the term of this Agreement for all TMPA assets listed in Exhibit A, as well as additional TMPA Transmission System assets placed in- service in Denton County during the term of this Agreement. Furthermore, Denton shall also test, calibrate, set, and maintain all applicable TMPA -owned Protective Relay and SCADA Equipment in accordance with Good Utility Practice. The inventory of TMPA- owned Protective Relay and SCADA Equipment shall be listed for each station and maintained by applicable DME maintenance personnel. Denton shall be responsible for producing and maintaining all required documentation associated with the testing, commissioning, maintenance, and repair of TMPA transmission assets in Denton County. Ownership of such documentation shall be maintained within TMPA until a TMPA asset is replaced by a Denton -owned asset, in which case Denton will own the documentation. 2.2 Capital Construction In relation to the construction of TMPA Transmission System assets, Denton shall discharge the duties imposed on transmission owners in ERCOT by applicable Federal and State laws and regulations, including applicable rules and regulations of FERC, the PUCT, NERC, and ERCOT. All capital construction activities approved by the TMPA Board of Directors will be performed by Denton according to the terms of this Agreement. A status report for active TMPA Transmission System projects will be I: submitted by Denton to the agent of the TMPA Board of Directors on a quarterly basis or within 30 days of a request. 2.3 Metering Denton shall be responsible for maintaining, testing, calibrating, repairing, replacing, and certifying ERCOT settlement meters for TMPA locations in Denton County. Denton will also maintain the communication paths and equipment necessary for ERCOT and other approved entities to poll the meters as required per ERCOT protocols or any other preexisting arrangements with TMPA for the assets in Denton County. Metering data required for generation settlements and Annual Load Data Reporting (ALDR) shall be collected and processed by Denton for the assets in Denton County on behalf of TMPA. 2.4 Security Denton shall be responsible for maintaining, monitoring, repairing, and installing when necessary, any security equipment used in substations listed in Exhibit A on or before the Projected Date for DME Operation. Where remote surveillance capabilities exist, Denton shall manage video surveillance services and store information as required by any applicable regulatory requirements. Denton shall also provide user -level access control management for any critical TMPA stations where such equipment is installed and those services are required. 2.5 Environmental Documentation For stations listed in Exhibit A, Denton shall maintain, update, and develop, when necessary, environmental compliance documentation for TMPA including Storm Water Pollution Prevention Plans (SWPPP). If regulatory reporting is required as the result of regulation or an incident, Denton will complete the reporting on behalf of TMPA for stations listed in Exhibit A. 2.6 Right -of -Way Maintenance For the transmission assets in Denton County, Denton shall maintain all existing and any new TMPA transmission right -of -way or transmission related real property owned by TMPA in accordance with Good Utility Practice and all applicable regulations from FERC, NERC, ERCOT, and PUCT. 2.7 Rate Filings Denton agrees to provide assistance to TMPA staff, attorneys, and consultants as needed for any interim or full rate case filing for TMPA assets in Denton County. 2.8 Regulatory Compliance Denton shall be responsible for all regulatory compliance on behalf of TMPA for the transmission function for assets in Denton County. This obligation includes any standards, requirements, or protocols that may now or at any time during the term of this Agreement be imposed on TMPA through Federal and State laws and regulations, or applicable rules or regulations by FERC, NERC, ERCOT, TRE, or PUCT. Denton shall administer regulatory compliance for TMPA according to applicable TMPA procedures and /or any Denton procedure as deemed necessary by Denton through the performance of this service. All TMPA regulatory audits, data submittals, or reports that are either scheduled or yet to be scheduled for the Denton County TMPA assets during the term of this Agreement shall be the responsibility of Denton. 2.9 Planning Denton shall perform the transmission planning function for the TMPA Transmission System assets in Denton County according to Good Utility Practice. Denton shall comply with any and all ERCOT protocols pertaining to transmission planning on behalf of TMPA for the Denton County TMPA assets. Routine planning studies, data submittals, and reports for the Denton County TMPA assets will be the responsibility of Denton during the term of this Agreement. Denton shall also represent the planning interests of TMPA for the Denton County TMPA assets through participation in ERCOT technical working groups when required or as deemed prudent through the provision of these services. 2.10 Work Scheduling and Outage Planning Denton shall perform work scheduling and outage planning for the Denton County TMPA assets according to Good Utility Practice. Denton shall comply with any and all ERCOT protocols pertaining to work scheduling and outage planning on behalf of TMPA for the Denton County TMPA assets. 2.11 Communications Denton shall be responsible for maintaining voice, data, and relay communications systems for the Denton County TMPA assets. This includes all phone lines, fiber, microwave, leased lines, power line carrier, and public network interfaces. 2.12 Fleet Maintenance Denton shall operate, maintain, and repair any rolling stock owned or leased by TMPA and used by Denton for the performance of Transmission Functions. TMPA rolling stock assets that, as determined by Denton, have become obsolete, surplus property, or otherwise require replacement may be conveyed or disposed of by Denton with the consent of TMPA. The manner of such conveyance or disposal shall be as mutually agreed between Denton and TMPA. 2.13 Inventory Control and Purchasing Denton shall manage the TMPA Transmission System inventory and purchasing functions for the Denton County TMPA assets according to Good Utility Practice. 2.14 Contract Services Contract services for the TMPA transmission function shall be administered per Subsection 4.3 of this Agreement. 2.15 Legal Services (to the extent authorized in Subsection 4.4) Legal services for the Denton County TMPA assets shall be administered per Subsection 4.4 of this Agreement. 2.16 Field Operations Denton shall perform Field Operations for the Denton County TMPA assets using qualified personnel according to Good Utility Practice. Denton shall comply with any and all ERCOT protocols and National Electric Safety Code (NESC) requirements pertaining to Field Operation activities on behalf of TMPA. 2.17 Budgeting Budgeting for the TMPA transmission business function shall be administered per Section 3.0 of this Agreement. 2.18 Insurance 10 During the term of this Agreement, TMPA shall maintain insurance of the kind and in the amounts indicated in Section 11.0 of the Agreement. 2.19 TMPA's Responsibilities: a. Financing (O &M and Capital- see Section 3.0) b. Administration of Funds TMPA shall discharge its payment obligations under this Agreement in accordance with Section 3.0. C. Auditing (see Section 7.0 Audits) Section 3.0 Cost Reimbursement and Budgeting 3.1 Annual System Budget and Annual Capital Budget Costs shall be incurred in accordance with an annual system budget and a separate annual capital budget prepared by Denton and submitted to the agent of TMPA's Board of Directors for approval. Such budgets shall be prepared and submitted to the agent of TMPA by June 1 of each year. The TMPA Board of Directors will, with such changes as it considers advisable, approve annual system and capital budgets prior to October 1 of each fiscal year, to be effective on October 1. If for any reason a budget is not approved by October 1, the previous year's budget will be followed until the new budget is adopted. 3.2 Annual System Budget 11 A status report on the Annual System Budget will be provided by Denton on a quarterly basis and when requested by TMPA. Amounts in budget line items may be transferred by Denton to other line items without amending the Annual System Budget but the total amount budgeted in the Annual System Budget may not be exceeded without a budget amendment being adopted by the TMPA Board of Directors. On an annual basis, Denton shall perform an overhead cost allocation study relating to its overhead costs in the Annual System Budget and shall provide to TMPA the results of the study to ensure that Denton's overhead costs are determined in an appropriate manner. 3.3 Annual Capital Budget Denton shall be responsible for identifying system needs through sound planning practices. The TMPA capitalization policy will be used to determine if a system need warrants the consideration of a capital project. Denton shall submit capital project proposals (i.e. annual capital budget amendments) to the agent of the TMPA Board of Directors on an as- needed basis or as requested. A status report on the Annual Capital Budget will be provided by Denton on a quarterly basis and when requested by TMPA. Cost variances will be tracked by project and individual projects will be allowed to exceed the project budget by up to ten percent as long as the variance or sum of project cost variances do not exceed the approved Annual Capital Budget amount. When Denton determines that an individual project will exceed a ten percent variance, or that the total approved Annual Capital Budget amount will be exceeded, Denton shall submit an annual capital budget amendment to the agent of the TMPA Board of Directors for consideration. On an annual basis, Denton shall perform an overhead cost allocation study relating to its overhead costs in the Annual Capital Budget and shall provide to the agent of TMPA the results of the study to ensure that Denton's overhead costs are determined in an appropriate manner. 3.4 Reports Given at Regular Bi- Monthly TMPA Board Meetings Prior to the regular bi- monthly board meetings of the TMPA Board of Directors, Denton shall forward budgetary reports to TMPA's agent for budgetary matters. Such a report 12 to contain the type of data customarily provided to the Board by TMPA's manager of transmission. 3.5 Total Transmission Costs TMPA shall pay Denton all of the costs incurred by Denton in performing Denton's obligations under this Agreement based on actual cost of service, including all operation, maintenance, and capital expenses plus benefit and overhead costs (the "Total Transmission Costs "). To the extent the Total Transmission Costs can be forecasted, they shall be included in the annual system and capital budgets proposed by Denton. If at any time Denton determines that the then effective Annual System Budget or Annual Capital Budget will be exceeded, Denton shall submit to the agent for the TMPA Board of Directors for approval, a budget amendment recommendation. Approval of any such amendment shall not be unreasonably withheld. 3.6 Operating Costs Denton shall invoice TMPA monthly for Operating Costs for the Denton County TMPA assets. Costs for metering support functions will be invoiced separately from other Operating Costs and billed on a monthly basis when support is required. Billings and payments for contracted services that are not included in the monthly invoices shall be advance funded or reimbursed to Denton as mutually agreed. 3.7 Capital Expenditures 1191 Billings and reimbursements for capital project expenditures will be made in accordance with mutually agreed procedures, which may differ from project to project. 3.8 Payments TMPA shall make payments to Denton within twenty (20) days of receipt of invoice. If TMPA is late in the payment of any charge or reimbursement under this Agreement, late payments shall bear per annual interest at a rate equal to the lesser of two percentage points (2 %) above the Prime Interest Rate as published in the Wall Street Journal on the day said statement becomes delinquent, or the maximum allowed by law to be charged TMPA. If any charge or reimbursement remains unpaid at the expiration of thirty (30) days after the receipt of the statement, TMPA shall be in default under this Agreement, and Denton may invoke the remedies specified in this Agreement or otherwise available by law. 3.9 Budgeted Funds as a Condition to Obligation to Perform Transmission Functions Denton shall have no obligation under this Agreement to perform any Transmission Function for which funds have not been included in either the Annual System Budget or the Annual Capital Budget; provided, however, in the event performance of a Transmission Function is necessary in order to respond to or prevent an emergency situation, involving persons or equipment, Denton shall proceed to perform same and TMPA shall amend the Annual System Budget, or Annual Capital Budget, as the case may be, to ensure that Denton is reimbursed for the costs incurred. Section 4.0 Equipment, Property, and Contracts 4.1 All SCADA and communications equipment acquired by Denton or TMPA to perform the Transmission Functions shall be compatible with the Denton EMS /SCADA Systems. 14 4.2 Ownership of equipment and property acquired by Denton to perform the Transmission Functions after the date of this Agreement shall be determined as follows: a. Each Party shall own equipment and property that it pays for. b. If the same equipment and property are paid for by both Parties, each Party will own an undivided interest in proportion to the percentage of the total costs paid by such Party for such equipment or property. C. To the extent TMPA owns property or equipment installed or incorporated into real property owned by Denton, Denton waives the law of fixtures so that TMPA's title to such property or equipment shall be preserved. d. To the extent Denton owns property or equipment installed or incorporated into real property owned by TMPA, TMPA waives the law of fixtures so that Denton's title to such property or equipment shall be preserved. e. The assignment of cost for additional property and /or equipment needed for Denton to perform the Transmission Functions after the date of this Agreement shall be determined through discussions and by mutual agreement between TMPA and Denton. 4.3 In performing the Transmission Functions, it may be necessary for Denton to contract for goods, services, or other matters with suppliers, contractors, and other third parties. Denton shall determine if a contract should be in the name of TMPA or in the name of Denton on a case -by -case basis. Contracts in the name of Denton will require no approval from TMPA but, to the extent practicable, should be assignable to TMPA. On termination of this Agreement, and to the extent such contracts are assignable, Denton shall assign such contracts to TMPA to the extent necessary to complete performance of such contracts with respect to the Denton County TMPA assets and to enforce warranties. 15 For a contract to be in the name of TMPA, TMPA's written consent shall be required. TMPA Board of Directors action will not be required to give such written consent if TMPA has a General Manager or other person functioning as a chief administrative officer who can provide the consent. In such written consent, TMPA may consent to Denton executing the contract as agent for TMPA, in which case Denton may sign the contract, if it so desires. The award of contracts in the name of TMPA must comply with the laws governing the award of such contracts. 4.4 Contracts with attorneys, including consultants working with such attorneys, who provide legal services to TMPA in relation to the Denton County TMPA assets shall be awarded only by TMPA. TMPA shall direct such attorneys to work with Denton on legal matters involving the TMPA Transmission System to the extent such attorneys may do so consistent with their professional obligations to TMPA. The defense of any litigation against TMPA or the prosecution of any litigation by TMPA must be authorized by TMPA. Section 5.0 Indemnification 5.1 With the exception of claims brought by TMPA under Subsection 11.1(b), TMPA agrees to indemnify and hold Denton and all of Denton's present, future, and former agents, employees, officials, and representatives (each in their official, individual, and representative capacities) harmless from any and all claims, demands, causes of action, judgments, liens, expenses (including attorney's fees), costs, penalties, and damages (whether common law or statutory; whether characterized as actual, punitive, consequential, incidental; and whether based on strict liability or liability assessed without fault) of any conceivable character, created by, arising from, or in any manner relating to the performance of Denton's obligations under this Agreement. The obligations of TMPA pursuant to this section shall survive any termination of this Agreement. 5.2 TMPA acknowledges that, in performing transmission operator duties on behalf of TMPA, Denton is exposed to significant regulatory liabilities in excess of the consideration being received by Denton under this Agreement. TMPA further acknowledges that the consideration to be received by Denton under this Agreement does not reflect that regulatory exposure and thus does not adequately compensate 16 Denton for the risks involved. As an integral and inseparable part of the consideration being given to Denton for undertaking the obligations of this Agreement, TMPA agrees to assume all responsibility for the payment of any monetary fine, administrative penalty, or civil penalty assessed by a regulatory authority (including NERC, ERCOT, PUCT or THE or any successor agency or entity) against Denton arising from Denton's performance as the transmission operator for TMPA REGARDLESS WHETHER THE FINE OR PENALTY IS INCURRED AS A RESULT OF DENTON'S NEGLIGENCE. To the extent allowed by law, each Party agrees to promptly notify the other Party in the event it receives notice of any investigation or proceeding, pending or proposed, that may result in the assessment of a fine or penalty against Denton, and each Party agrees to fully cooperate in the defense of any proceedings taken to assess or contest the fine or penalty. 5.3 The Parties agree that the rule requiring that an indemnity agreement be strictly construed in favor of the indemnifying Party shall not apply to this agreement. Section 6.0 Term of Agreement 6.1 This Agreement shall have a term commencing on the Effective Date and ending on September 1, 2018 (the "Initial Term "). a. For the first ninety (90) days of the Initial Term, Denton will not charge TMPA under this Agreement except for labor and associated costs of TMPA Transmission System employees transitioned to Denton or employees hired by Denton during such period to carry out functions under this Agreement. b. The Agreement shall not apply to assets that come under Denton ownership on the date that ownership is established. 6.2 This Agreement may be terminated as follows: a. In the event a Party (the "Defaulting Party ") is in breach of a material provision of this Agreement, the Party not in default (the "Non- Defaulting Party ") may provide to the Defaulting Party notice of the default and a reasonable opportunity, not less than sixty (60) days, to cure the breach. If the Defaulting Party fails to cure the breach within the 17 time specified, or (in the event the breach cannot be cured within such time) the Defaulting Party has failed to commence efforts necessary to cure the breach within such time, the Non - Defaulting Party may, by sending notice, terminate the Agreement. b. This Agreement may be terminated for convenience by the TMPA Board of Directors or by Denton by providing to the other Party, notice of termination at least eighteen (18) months in advance of the termination date stated in the notice. 6.3 Facility Condition at the End of Term. Upon expiration of the Term or termination of this Agreement, Denton shall leave TMPA assets in substantially as good a condition as at the Effective Date, normal wear and tear excepted. All special tools, improvements, inventory of supplies, spare parts, safety equipment, O &M Manuals, and drawings (in each case as provided to or obtained by or provided by Denton during the term of this Agreement) and any other items furnished as Operating Costs (excluding such items purchased as replacement of Denton property) under this Agreement that were obtained to support TMPA assets will be left at the Facility and will become or remain the property of TMPA subject to Subsection 4.2. If Denton has entered into any subcontracts for performance of any portion of the Services in its own name and not as agent for TMPA, then TMPA shall have the right, in its sole discretion, to directly assume and become liable for any such subcontracts, and Denton shall execute all documents and take all other reasonable steps requested by TMPA that may be required to assign to and vest in TMPA all rights, benefits, interests, and title in connection with such subcontracts; provided, however, that TMPA shall indemnify and hold harmless Denton for all liabilities arising out of events and obligations thereunder arising after the date of any such assumption. If requested by TMPA, Denton will cooperate with TMPA's efforts to re- employ employees who have been reassigned to Denton (if any) in conjunction with the execution of this Agreement. Section 7.0 Audits 7.1 TMPA may conduct operating and financial audits relating to the Transmission Functions performed under this Agreement. Denton will provide operating reports addressing transmission issues as needed or requested to the TMPA Board of Directors. 18 7.2 Denton shall keep records, desk logs, operating financial data, and supporting data in conformity with generally accepted utility principles and practices. These books, records, and supporting data shall be kept for at least three (3) years or in accordance with regulatory requirements, whichever is longer. 7.3 Following any audit of Denton under this Agreement, Denton may provide to the TMPA Board of Directors any comments regarding the audit results and audit recommendations as it desires. 7.4 Denton will provide to the TMPA Planning and Operating Committee reports as requested. Section 8.0 No Debt Created 8.1 To the extent, if any, that this Agreement imposes an obligation on either Party to make a payment or make an expenditure, such payment or expenditure shall be payable solely from current revenues that may be available for such purpose, and no debt is created under this Agreement within the meaning of Article XI, sections 5 or 7, Texas Constitution. 8.2 Without limiting Subsection 8.1, no obligation of Denton to make payment or expenditure under the Agreement shall be payable through funds raised by taxation. Section 9.0 Delegation of Authority to Amend Exhibits 9.1 Because of continuing changes in the design and configuration of the TMPA Transmission System as described in Exhibit A and because of the potential for changes to the contact information in Exhibit B, the Parties may, by mutual agreement through their staffs, without obtaining governing board approval from either Party, revise Exhibits A and B from time to time as circumstances may warrant. 19 Section 10.0 Governing Law This Agreement shall be governed by the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Denton County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Denton County, Texas. Section 11.0 Limitation of Liability; Covenant not to Sue; and Insurance 11.1 (a) Except as provided in paragraph (b) of this Subsection, TMPA covenants and agrees not to sue Denton, its directors, officers, employees, attorneys, servants, or agents, for money damages relating to any act or omission of Denton under this Agreement. Specifically, TMPA waives its right to bring any claims or causes of action against Denton, its directors, officers, employees, attorneys, servants, or agents, in contract or in tort or otherwise, including their negligence, in any way related to damages, costs or expenses incurred by TMPA due to any act or omission of Denton under this Agreement. TMPA acknowledges that there is no disparity of bargaining power between Denton and TMPA and that TMPA is under no compulsion to agree to this covenant not to sue as set out above. This covenant shall survive termination of this Agreement for any reason. (b) In the event, because of Denton's negligence or failure to perform the Transmission Functions in accordance with Good Utility Practice, injury to or destruction of TMPA property occurs, including to the TMPA Transmission System, TMPA may sue Denton for property damages. Denton's liability for damages shall be limited to the amount, per occurrence, that would be available to a Party seeking recovery or property damages from Denton under the Texas Tort Claims Act, as such Act may be amended from time to time in the future. 11.2 THE PARTIES AGREE THAT NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR FOR THE LOSS OF PROFIT OR REVENUE ARISING FROM THE PROVISION OF GOODS OR SERVICES UNDER THIS AGREEMENT EVEN IF ADVISED OF SUCH POSSIBILITY. ME 11.3 For the purposes of protecting Denton from and against liability that may arise under this Agreement, TMPA agrees to maintain the following types and amounts of insurance during the term of the Agreement. a. Commercial excess liability coverage to include but not limited to coverage for products and completed operations, failure to supply, pollution liability, and wildfire liability coverage. Insurance shall contain minimum limits of $35 million per occurrence and $70 million aggregate with underlying limit or self- insured retention not to exceed $1 million per occurrence. Commercial excess insurance shall include Denton as an additional insured. b. Property insurance to include business interruption coverage with minimum limits of $50 million. Insurance shall include Denton as loss payee as their interest may a- d- c. Commercial auto liability insurance or self- insurance to include but not limited to coverage for owned, non - owned, leased, and rented autos with minimum limits of $1 million per occurrence. Section 12.0 Notices 12.1 A notice under this Agreement shall be deemed sufficient if it is in writing and delivered personally or by nationally recognized courier service, or if sent by first class, certified, or registered US mail. Written notice shall also be deemed sufficient if sent electronically or by facsimile, confirmed by notice delivered or sent by one of the methods stated in the preceding sentence. Written notice shall be deemed given on the date when first received by one of the methods in this Subsection. Written notice shall be delivered or sent to the addresses designated in Exhibit B for the receipt of written notices. Section 13.0 Force Majeure 21 Other than the obligation to pay money when due, the obligations of each Party shall be subject to force majeure, including severe weather, floods, earthquakes and other natural disasters, strikes, work stoppages and slowdowns, riots and other civil disturbances, shortages, rationing or unavailability of supplies and raw materials, terrorism, and other unforeseeable matters outside the control of the Party claiming such intervention. The Party suffering from such force majeure shall notify the other Party within thirty (30) days of the onset of the force majeure event. Upon any claim of force majeure, the time for performance of the obligation interfered with shall be extended without additional charges and the Parties will cooperate to mitigate the effect of the force majeure event. Section 14.0 Disclaimer of Warranties Denton agrees that it shall pursue all of its obligations under this Agreement using Good Utility Practice, and using the same diligence and care with which it would undertake such matters regarding its own transmission system. DENTON EXPRESSLY DISCLAIMS ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO THE SERVICES TO BE PERFORMED OR ANY GOODS TO BE PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DENTON EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THOSE SERVICES OR THOSE GOODS, OR ANY PART THEREOF. THE LIMITED WARRANTIES CONTAINED IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS PROVIDED IN THE FIRST SENTENCE OF THIS SECTION, THE GOODS AND SERVICES BEING PROVIDED UNDER THIS AGREEMENT ARE BEING OFFERED AND SOLD "AS IS ", "WHERE -IS ". Section 15.0 Assignment Neither Party shall have the right to assign that Party's interest in this Agreement without the prior written consent of the other Party. NN Section 16.0 Severability If any term or provision of this Agreement is held to be illegal, invalid, or unenforceable, the legality, validity, or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid, or unenforceable term or provision, there shall be added automatically to this Agreement a legal valid, or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid, or unenforceable. Provided, however, that if the illegality, invalidity, or unenforceability of any term or terms renders the basic purposes of this Agreement illegal, invalid, or unenforceable or otherwise materially and adversely affects the utility or financial parameters of this Agreement, then either Denton or TMPA may, upon written notice to the other, terminate this Agreement and the Parties agree to enter into good faith negotiations to replace this Agreement with a contract as similar to the terms and conditions of this Agreement as legally permissible. Section 17.0 Waiver Both Denton and TMPA shall have the individual right to waive any requirement contained in this Agreement, which is intended for the waiving Party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the Party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Any waiver may only be authorized at the direction or with the consent of the governing body of the waiving Party. Section 18.0 Paragraph Headings; Mutual Authorship The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both Parties have participated in the negotiation and preparation of 23 this Agreement and this Agreement shall not be construed either more or less strongly against or for either Party. Section 19.0 Binding Effect Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. Section 20.0 Gender, Plurals, and Other Construction of Terms. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. The terms "include" or "including" shall be construed to be descriptive rather than limiting or restrictive, meaning the same as "including, without limitation ..." and "including, but not limited to ...." Section 21.0 Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 22.0 Exhibits All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 23.0 Computation of Deadlines 24 If any deadline contained herein ends on a Saturday, Sunday, or a legal holiday recognized by the Texas Supreme Court, such deadline shall automatically be extended to the next day that is not a Saturday, Sunday, or legal holiday. Section 24.0 Entire Agreement It is understood and agreed that this Agreement contains the entire agreement between the Parties and supersedes any and all prior agreements, arrangements, or understandings between the Parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally and no written modification of this Agreement shall be effective unless executed by both Parties. Nothing in this Agreement amends the Power Sales Contract between TMPA and Denton, dated September 1,1976, as amended, including Denton's obligation to pay its percentage of Annual System Costs (as defined in said Contract) in Section 3 of said Contract. Section 25.0 Relationship of Parties; No Third -Party Beneficiaries Nothing contained in this Agreement shall be deemed or construed by the Parties hereto or by any third party to create the relationship of principal and agent or of partnership, joint venture, or employment; it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the Parties hereto shall be deemed to create any relationship between the Parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. Neither Party has the authority to enter into contracts or to assume any obligation for the other, nor to make warranties or representations on behalf of the other except in accordance with the express terms of this Agreement or as otherwise authorized in writing by the other. Except for the provisions of this Agreement relating to the indemnification of employees, agents, and representatives of Denton, there are no third -party beneficiaries to this Agreement and no third -party beneficiaries are intended by implication or otherwise. W Section 26.0 No Waiver of Immunity or Defense No Party, by execution of this Agreement, waives nor shall be deemed to have waived any immunity or defense that would otherwise be available to it including immunity from liability or suit for damages to one another or to any third party except as expressly provided in this Agreement or as otherwise provided by law. IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Effective Date. CITY OF DENTON, TEXAS NAME: TITLE: TEXAS MUNICIPAL POWER AGENCY NAME: 26 TITLE: ENCLOSURES EXHIBIT A - Description of TMPA Transmission System EXHIBIT B - Notice and Contact Information 27 O u t C .2 0 E -1 E E' 0 0 mr 0 0 v f2 oE o 0 0 15 u I M o u I o u 'E 1, 64, 0 c l7 o o . E E o o E 2, o o 0 0 < 0 E 0- o oe 0 o LU O I . < t o E m' E' -0 1 0 0 z wo -s 0 >woo > E o 2 5 ou I E 0 (D o 0 o 0 i E jcu O O go g �o 2 0. 1 E E o lu E rp x E- c. E Q o I o o I �u 'o J Q 3 E- o lo o o m o E '0 75 .�oo�15.;--. a z o ,N-.,oH E O> E o O So 0 0 O E c E 'E c E o 0, o I o 0 T 0 1. 0 u 10 o ro -o —o o _0 > o o 0 E E J3,Oo.00,Dl -E 0 c o o E E c 0 w > Zo o o E c z 3 E o u co O E o City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -778, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Denton Enterprise Airport CM/ ACM: Jon Fortune Date: September 1, 2015 SUBJECT Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton, a Fixed Base Operator Airport Lease Agreement between the City of Denton, Texas and BAM Denton Management Ventures, LLC; and, providing an effective date. The Council Airport Committee recommends approval (3 -0). BACKGROUND The original Fixed Base Operator (FBO) lease for the property currently leased to BAM Denton Management Ventures, LLC (BAM) was between the City of Denton and Air Denton, Inc in 1988. This original lease as approved by City of Denton Resolution R88 -069 for the 9.1 acres depicted in ATTACHMENT B of the proposed new lease was transferred to BAM in December 2004 by City of Denton Ordinance 2004 -380. Since BAM was first awarded the FBO lease, there have been four (4) additional parcels added by amendment to the lease. Each of these additions is summarized on Exhibit 1 to this Agenda Information Sheet. Effective October 29, 2014, the majority ownership of BAM was transferred with administrative approval under terms of the current lease to Denton Aviation Holdings, LLC. Since that transaction, the new owners have determined to continue operating under the legal entity of BAM Denton Management Ventures, LLC. Denton Enterprise Airport (DTO) is pleased to report that the new BAM ownership is planning a significant additional investment in new construction and renovation of existing aircraft hangars. The first of two new aircraft hangars of 25,000 square feet each is currently under construction adjacent to the entry to DTO (Exhibit 2). The next planned investment is to renovate the hangar which currently includes the BAM FBO office area (Exhibit 3). A second new hangar is planned for the building site depicted in Exhibit 4 and which 1.791 acres of property is included as new lease area in the proposed new BAM lease. The total area under lease at the time BAM first began business as an FBO at DTO was 550,000 square feet. The previous ownership of BAM subsequently added 154,863 square feet of property to their lease. The lease proposed for the new ownership of BAM adds another 80,194 square feet of property for a total of 785,057 square feet (18.02 acres). The proposed new BAM lease (Exhibit 5) consolidates all of the previously leased parcels and the new lease area into one lease with attachments identifying each parcel totaling 18.02 acres. The new lease will be City of Denton Page 1 of 3 Printed on 8/27/2015 File #: ID 15 -778, Version: 1 executed with the new ownership, represented by Damon Ward, CEO for BAM Denton Management Ventures, LLC. OPTIONS 1. Continue the FBO lease to BAM Denton Management Ventures, LLC under the current lease with twenty -nine (29) years remaining in the term at a current average lease rate of $0.011 per square foot annually; or, 2. Approve a new, consolidated FBO lease to BAM Denton Management Ventures, LLC for a term of forty (40) years with a beginning lease rate of $0.1942 per square foot annually. RECOMMENDATION Airport Staff recommends approval of the new, extended term consolidated lease to BAM Denton Management Ventures, LLC. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council Airport Committee reviewed the proposed lease at their meeting on July 22, 2015 and recommended approval of the new, extended term consolidated lease to BAM Denton Management Ventures, LLC. FISCAL INFORMATION All parcels leased prior to the addition in 2005 by Ordinance 2005 -376 are currently at a rate of $0.0928 per square foot annually for 550,000 square feet of property. The parcels leased since 2005 are currently at a rate of $0.1700 per square foot annually applied to 154,853 square feet of property. The proposed new parcels for lease are set at $0.2700 per square foot annually for 80,194 square feet of property. Most of the new property is contained in a 1.791 acre building site that will not be billed until a building permit is issued for development of a new hangar. The current annual revenue for all of the parcels leased to BAM is $77,703 for 704,863 square feet of property. The addition of leased property for current construction, along with an increase of lease rate to a market rate of $0.1942 per square foot annually will generate $137,472 of annual revenue into the Airport Fund. An additional annual revenue of $21,064 will be added when a building permit is issued for the 1.791 acre parcel added to the lease by this ordinance. Beginning August 4, 2017 and every two (2) years thereafter, the lease rate will be adjusted to the current CPI -U. F,XHIRITS 1. Summary of BAM property leases 2. Architectural concept for hangar under construction 3. Architectural concept for BAM FBO renovation 4. Survey of future building site 5. Ordinance with new BAM FBO lease attached City of Denton Page 2 of 3 Printed on 8/27/2015 File M ID 15 -778, Version: 1 Respectfully submitted: Quentin Hix Director of Aviation 940 - 349 -7744 City of Denton Page 3 of 3 Printed on 8/27/2015 RZ 00 17A O O O O E b0 bU b0 — 0 0 0 0 0 0 .2 20 2 2 ti - - m � U L O 4'D' E cc Y1 m E C-1 E r" m IH 0 E m m E (c� O o to `2 n �gu S, R, 5" 7,, 76 V w. M V M C., E: E E E E E lw w w w E E lw w .2 o c .2 o c o c o c o 'o 'ra na oq ri of o6 ly� 2b 'r, O. 13 LL O c O c c CO' O & V1 N N + + + + cr -w w, ai C� ai C� C� rc u� f/1 I'd I'd E F. Ci ID I'd C. C1 N ID lo w lo o a 9 RZ 00 17A O O O O E b0 bU b0 — 0 0 0 0 0 0 .2 20 2 2 ti - - m � U L /0 -1 t r ,�j IN 2i ill 1 011- j F "Mill; - MW 14 Sill 3 Ic .2 i IN III cc 8 CL C So E v I 5' 1 5 q_ 1 11H jol- o 1 z Q Al 1, i At PIS all 31P ul Milo Oi 16 F12 - A A Ego 1j ism "y all 08 Of PIT! F�rr,, en r too", "I 51 K Z11 zu i �T Mary 10 z z elk ...... . . ..... 1A Oil all 0 M�coo a 5 "crue, a ------------- A jw�� 15 6E� vo� slog Awl all- - x Lc !1' 077-- CL Exhibit 5 BAM Denton Management Ventures, LLC 0 105 FWARF-Ax" 03 11101 KTA a L41 I WN WAWA WFAMMILIOVA THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute an airport lease agreement between the City of Denton and BAM Denton Management Ventures, LLC in substantially the form of the Fixed Base Operator Airport Lease Agreement which is attached to and made a part of this ordinance for all purposes. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2015. Nam BY: CHRIS WATTS, MAYOR BAM Demon Management Venmres, LLC -- August 2015 Exhibit 5 0 1 6 "LIND ffw-m � MUMNIKEOMMUDIT91 3 a - • I, This Lease Agreement is made and executed to be effective as of the Fourth day of August, 2015 (the "Effective Date") at Denton, Texas, by and between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor", and BAM Denton Management Ventures, LLC, a Texas limited liability company, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor now owns, controls and operates the Denton Enterprise Airport (the "Airport ") in the City of Denton, County of Denton, State of Texas; and WHEREAS, Lessee is the current lessee pursuant to that certain Consent of Sale Agreement dated October 29, 2014 for fixed base operations dated December 15, 2004 as approved by Ordinance 2004-380 (the "Existing Lease"); and WHEREAS, Lessee and Lessor desire to enter into this Lease Agreement (sometimes called this "Lease Agreement", "Agreement ", or "Lease") in order to extend and supersede the Existing Lease subject to the terms and conditions contained in this Agreement; and WHEREAS, pursuant to this Agreement Lessee is leasing the original 9.1 acres of land as approved by City of Denton City Council Resolution 82001-063 dated October 16, 2001 and as described in Attachment "B" attached hereto and made a part hereof by reference, and, Parcels A and B as described in Attachment "A" attached hereto and made a part hereof by reference; and WHEREAS, pursuant to this Agreement Lessee is also granted a lease of Parcels C and D as described in Attachment "C" attached hereto and made a part hereof by reference; and WHEREAS, pursuant to this Agreement Lessee is leasing 2.519 acres of land as approved by City of Denton City Council Ordinance 2005-376 dated December 13, 2005 as subsequently amended and as described in Attachment "E" attached hereto and made a part hereof by reference; and WHEREAS, pursuant to this Agreement Lessee is leasing 21,842 square feet of land as approved by City of Denton City Council Ordinance 2007-063 dated March 27, 2007 as described in Attachment 'T" attached hereto and made a part hereof by reference; and WHEREAS, pursuant to this Agreement Lessee is leasing 1.338 acres of land as approved by City of Denton City Council Ordinance 2010-194 dated August 17, 2010 as described in Attachment "G" attached hereto and made a part hereof by reference; Exhibit 5 NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows: I. CONDITIONS OF LEASE AGREEMENT NOT4VITHSTANDING ANY LANGUAGE TO TIHE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH • OF THIS SECTION SHALL BE BINDING. A. PRINCIPLES OF OPERATIONS. The right to conduct aeronautical and related activities for furnishing services to the public is granted to Lessee subject to Lessee a-h- k—ULM, 1. To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof; and 2. To charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. B. NON-DISCRMNATION: Lessee, for itself, its personal representatives, successors, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; 3. Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimi- nation in Federally assisted programs of the Department of Transportation - Effectual of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. C. RIGHT OF INDIVIDUALS TO MAINTAIN AIRCRAFT. It is clearly AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 2 Exhibit 5 understood by Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. D. -NON-EXCLUSIVE RIGHT. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Title 49 U.S.C. Appendix §1349. 0 a 1. Lessor reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance. 2. Lessor shall be obligated to maintain and keep in good repair the landing area of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of Lessee in this regard. 3. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of Lessor, would limit the usefulness or safety of the Airport or constitute a hazard to aircraft or to aircraft navigation. The hangar/office/shop complex as currently proposed as provided in Section II.D. does not violate this provision. 5. This Lease Agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the Airport. Lessor, for and in consideration of the covenants and agreements herein contained, to be kept by Lessee, and subject to the conditions contained herein, does hereby demise and lease unto Lessee, and Lessee does hereby lease from Lessor, for the lease term described in Article Ill, the following described land situated in the City of Denton, Denton County, Texas: AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 3 Exhibit 5 A. Land. The same 9.1 acre tract or parcel of land leased to Lessee under the Existing Lease, together with improvements thereon, which property is more particularly described in Attachment "B" attached hereto and incorporated herein by reference (the "Existing Parcel'); and, Parcels A and B as shown in Attachment "A7 attached hereto and incorporated herein by reference; and, Parcels C and D as described in Attachment "C" attached hereto and incorporated herein by reference; and, the tract as shown in Attachment "F" attached hereto and incorporated herein by reference; and, the tract as shown in Attachment "F" attached hereto and incorporated herein by reference; and, the tract as shown in Attachment "9' attached hereto and incorporated herein by reference, all of the Attachments "A — F" which are referenced herein as the "Leased Premises", together with the right of ingress and egress to the Leased Premises; and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and invitees. For purposes of this Agreement, the term "Leased Premises" shall include leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor. B. Use of Fuel Farm. Subject to the requirements of V.B. 1., Lessee shall have the right of ingress and egress and use of the fuel farm which is located on property that is particularly described in Attachment "Y' attached hereto and made a part hereof by reference (the "Fuel Farm"). Lessee may in its discretion provide for the installation of one additional 12,000 gallon above ground fuel facility at the Fuel Farm. CIMPROVEMENTS PROVIDED BY LESSOR: The only improvements provided by Lessor, except as set forth in Article II.F. "Access to Utilities" below, shall be as follows: Lessor shall continue to maintain the FBO Apron as depicted on Attachment "B" (the "FBO AproW'). All maintenance costs for the FBO Apron under $2,000.00 shall be borne by Lessor. For maintenance costs of $2,000.00 or over the cost of materials will be shared 50- 50 with the Lessor being responsible for 100% of the labor costs. The term "Lessor improvements" shall mean those things on or adjacent to the Leased Premises belonging to, constructed by, or to be constructed by the Lessor. Unless otherwise noted herein, all Lessor improvements are and will remain the property of Lessor. All Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor. 1. Construction of Upgkes. The following improvements are currently located on the Existing Parcel: Six buildings as more particularly described in Attachment I'F' attached hereto and made a part hereof by references (the "Existing Improvements "). The Lessee shall have the right to renovate Building 2 as described AMPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 4 Exhibit 5 in Attachment "B" hereto and which is owned by the City of Denton provided the changes to Building 2 shall be approved by Lessor prior to any rehabilitation. 2. Construction of Parcel D Improvements. On Parcel D as shown on Attachment "C" hereto, Lessee shall construct a commercial hangar/office facility of not less than 10,000 square feet with a minimum door height of 28 feet and a minimum door width of 90 feet, minimum aircraft staging apron of 9,000 square feet and appropriate taxiway access to Taxiway H ("Parcel D Improvements"). Construction of Parcel D Improvements shall be commenced no later than 360 days after the Effective Date of this Agreement and completed no later than 540 days after the Effective Date (the "Construction Period"). Construction of Parcel D Improvements are considered commenced upon issuance of a building permit and construction of any portion of the hangar/office facility. Construction of Parcel D Improvements are considered complete upon the issuance of a certificate of occupancy for the entire hangar/office facility. Notwithstanding anything contained in this Lease Agreement to the contrary, a failure to complete the Parcel D Improvements within the Construction Period may, at the sole option and discretion of the Lessor, result in the immediate termination and cancellation of this Lease Agreement only as to Parcel D upon 30 days written notice of cancellation to Lessee. In such case Lessee's rights under the Lease Agreement as to Parcel D will immediately cease and be forfeited, and all of Parcel D Improvements shall immediately become the property of Lessor at no cost, expense or other compensation paid by Lessor to Lessee; and Lessee shall immediately vacate the Parcel D. In such case this Lease Agreement will remain in force and effect as to all other parcels and tracts described in Attachments A — G of this Agreement. E. EASEMENTS. Lessor and Lessee by mutual agreement may establish, on the Leased Premises, casements for public access on roads and taxiways. F. ACCESS TO UTILITIES. Lessor represents that there are water, sewer and 3- phase electricity lines within close proximity to the Leased Premises available to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the Leased Premises. The term of this Lease Agreement shall be for a period of forty (40) years, com- mencing on the I st day of September, 2015 and continuing through the 31 st day of August, 2055, unless earlier terminated or reduced under the provisions of the Lease Agreement (the "Lease Term"). Lessee has the option to extend this lease under terms as provided in Section VIII, C, 2 of this Agreement. The rental and terms to be negotiated for the option term shall be reasonable and consistent with the then value, rentals and terms of similar property on the Airport. AIRPORT LEASE AGREEMENT SAM DENTON MANAGEMENT VENTURES - Page 5 property on the Airport. Exhibit 5 IV. PAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay Lessor, as consideration for this Lease Agreement, the following payments, rentals and fees: A. LAND RENTAL. Land rental shall be due and payable to Lessor in twelve (12) equal monthly installments in the sums set forth below, on or before the 1 st day of each and every month during the term of this Lease Agreement. Lessee has the option to pay annual rentals and fees in whole on or before the 1 st day of October, at the beginning of the City's fiscal year, each and every year of this Lease Agreement. Annual rent shall be a sum equal to $0.1942 per square foot annually for the land area as described in Attachments "A - B" and Attachments "D - G" to this Agreement. Monthly rental shall be 1/12" of the annual rent. However, beginning August 1, 2017 the Original Rent will be adjusted in accordance with Section W.C. Annual rent shall be a sum equal to $0.27 per square foot annually for the land area described as Parcels C and D in Attachment "C" to this Agreement. Annual rent for Parcel D as described in Attachment "C" shall not begin until the first of the month following issuance of a building permit for improvements as described in Section 11, D, 2 of this Agreement. Monthly rental shall be 1/12 of the annual rent. However, beginning August 1, 2017 the Original Rent will be adjusted in accordance with Section W.C. Notwithstanding the foregoing, the annual lease rental will be reduced by the current lease rate per square foot, as adjusted by the CPI-U referenced in Section N.C., times the number of square feet comprising all easements established in accordance with Section H.E.. B. LESSOR IMPROVEMENTS RENTALS. NONE: There are no Lessor improvements on the Leased Premises. C. PAYMENT, PENALTY, ADJUSTMENTS. All payments due Lessor from Lessee under this Lease Agreement shall be made to Lessor at the offices of the Finance Department of the City of Denton, Customer Service Division, 601 West Hickory, Denton, Texas, unless otherwise designated in writing by the Lessor. If payments are not received on or before the 15d' day of the month, a five percent (5%) penalty will be due as of the 16th. If payments are not received by the first of the subsequent month, an additional penalty of one percent (1%) of the unpaid rental/fee amount will be due. A one percent (1%) charge will be added on the first of each subsequent month until the unpaid rental/fee payment is made. The Original Rent for the Leased Premises shall be readjusted at the end of each one year period during the Lease Tenn on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas- AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 6 Exhibit 5 Fort Worth Bureau of Labor Statistics bears to the May 2015 index, which was 218.484 (1982-84 = 100). Each rental adjustment, if any, shall occur on the 16th day of June, beginning 2017, and every second year thereafter on such date. The adjustments in the yearly rent shall be determined by multiplying the Original Rent by a fraction, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number applicable at the execution of this Lease Agreement. If the product of this. multiplication is greater than the Original Rent, Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section. If the product of this multiplication is less than the Original Rent there shall be no adjustment in the annual rent at that time, and Lessee shall pay the previous year's annual rent until the time of the next rental adjustment as called for in this section. In no event shall any rental adjustment called for in this section result in an annual rent less than the previous year's annual rent. The adjustment shall be limited so that the annual rental payment determined for any given two-year period shall not exceed the annual rental payment calculated for the previous CPI adjustment by more than twenty percent (20%) percent. If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics, is discontinued during the Lease Tenn, the remaining rental adjustments called for in this section shall be made using the formula set forth above, but by substituting the index numbers for the Consumer Price Index-Seasonally Adjusted U.S. City Average For All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region. If both the CPI-U for the Dallas- Fort Worth geographical region and the U.S. City Average are discontinued during the Lease Term, the remaining rental adjustments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI -U applicable to the Dallas-Fort Worth geographical region. If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statistics concerning the purchasing power of the consumer dollar during the Lease Term, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor. 1. Hangar and Tie-Down Fees. Lessee shall pay Lessor a percentage of all hangar and tie-down rentals and fees collected by Lessee from persons renting facilities rendered to Denton County Appraisal District as part of Lessee's Fixed Base Operator (FBO) service on the Leased Premises. Such fees shall be equal to: a. 11% of all hangar and tie-down fees through November 30, 2019. b. 12% of all hangar and tie-down fees beginning December 1, 2019 through the end of the Lease Tenn. AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 7 Exhibit 5 All such fees shall be paid monthly to Lessor on or before the 15'h day of each month during the Lease Term. The fees shall be accompanied by records showing the date and location on the Airport where the aircraft was hangared or parked and the tail number, or side number, of the aircraft. 2. Fuel Fees. Lessee shall pay Lessor a fuel flow fee for use of the Fuel Farm equal to 7% of the wholesale price per gallon of all fuel used by Lessee through June 30, 2019. Thereafter, through the end of the Lease Tenn an adjustment will be made based on a market analysis as of June 30, 2019. E. RECORDS. Lessee shall keep and maintain accurate records of wholesale fuel delivered under this Agreement, and parking and hangar fees collected, for a period of three (3) years from the date the record is made. Such records shall be kept according to generally accepted accounting principles. Lessor or its duly authorized representatives shall have the right at all reasonable times during business hours to inspect the books, records and receipts of Lessee, for the purpose of verification. F. ANNUAL STATEMENT. Within sixty (60) days after the end of each calendar year, Lessee shall furnish to Lessor a certified statement of fuel deliveries, and parking and hangar fees collected during the preceding calendar year. Lessor reserves the right to audit said statement and Lessee's books and records, including examination of the general ledger and all other supporting material, at any reasonable time during business hours, for the purpose of verification. If the audit establishes the Lessee has understated or overstated fuel sales, parking fees, or hangar rentals collected by five percent (5%) or more, the entire expense of said audit shall be borne by Lessee. Any additional payment due from Lessee shall forthwith be paid to Lessor, with interest thereon at one percent (1 %) per month from the date such amount originally became payable to Lessor. Any overpayment by Lessee shall be credited against further payments due to Lessor. Either party may refer the results of the audit for resolution in accordance with Section W.G. (Disputes) below. G. DISPUTES. If any dispute arises as to the amount owed from fuel deliveries or hangar or parking fees collected, the party disputing the amount and/or fee shall notify the other, in writing, within thirty (30) days from the date the dispute arises. Upon notification of the dispute, the disputed amount shall be submitted to a panel of three (3) certified public accountants, one to be selected by Lessor, one to be selected by Lessee and the third to be chosen by the first two accountants selected. This panel shall, by majority vote, determine the rights of the parties hereunder in conformity with generally accepted accounting principles. The fees due the accountants for such service shall be paid by the unsuccessful party, or in the event the determination is partially in favor of each party, the fee shall be borne equally by the parties. AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 8 Exhibit 5 V. RIGHTS AND OBLIGATIONS OF LESSEE A.USE OF LEASED PREMISES. Lessee is granted the non-exclusive privilege to engage in or provide the following on the Leased Premises: The right and privilege to engage in commercial aviation activities, hereby defined as those activities which involve the sale of aviation services for profit to the general public and shall include the maintenance and servicing of aircraft, which right shall include overhauling, rebuilding, repairing, inspection, and licensing of same and the purchase and sale of parts, equipment, and accessories therefore. 2. The sale of aircraft fuels, lubricants, and propellants within the leased area and at such other areas that may be designated by the Airport Manager. 3. The storing of aircraft in hangars or on tie down areas owned or operated by Lessees. 4. The sale of said fuels, lubricants, and propellants shall include the right to use vehicles -necessary for the servicing of aircraft. 5. The operation of a business of buying and selling, or renting new and used aircraft, aircraft parts, and accessories therefore, and aviation equipment of all descriptions either at retail, wholesale, or as a dealer, 6. The operation and sale of aerial survey, photograph, mapping, and spraying services. (However, spraying services shall at all times comply with applicable local, state, and national regulations pertaining to aerial spraying.) 7. The operation and sale of air taxi and sightseeing services. 8. The operation of schools for the instruction of the general public in flying, navigation, mechanics, aerial survey, photography, aircraft design and/or training of the general public in any art, science, craft, or skill pertaining directly or indirectly to aircraft. 9. The operation of non-scheduled and charter air transportation of passengers. 10. The sale through coin operated vending machines of tobacco, confections, and refreshments and the maintenance on the leased premises of appropriate facilities therefore. 11. The undertaking of any phase of aviation activity for profit related to or in any AIRPORT LEASE AGREEMENT SAM DENTON MANAGEMENT VENTURES - Page 9 Exhibit 5 way contributing to air transportation or aerial navigation, as long as such activity in no way interferes or hinders any F.A.A. approved navigational aids that may exist now or in the future at the Airport. 12. Ten years after the Effective Date of this Lease Agreement Lessee will begin to pay a commission fee to Lessor for car rentals based on the then existing market commission at similar sized airports. 13. The general use, in common with others authorized to do so, of all public airport facilities and improvements which are now or may hereafter be connected with or appurtenant to said Airport, except as hereinafter provided. 14. Ramp services, including loading and unloading of passengers, baggage, mail and freight, and providing of ramp equipment, aircraft cleaning and other services for persons, firms or air carriers. No person, business or corporation other than Lessee may operate a commercial, retail or industrial business upon the Leased Premises or upon the Airport, without prior written consent from Lessor authorizing such commercial, retail or industrial activity. Lessee shall be allowed to provide sleeping quarters and other accommodations for use of an around-the-clock security guard. This provision shall not be construed to allow family living on the leased premises, and it is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may the Lessee, its tenants, invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. Lessee shall file with the Airport Manager and keep current its mailing address, telephone number(s) and contacts where he can be reached in an emergency. Lessee shall file with the Airport Manager and keep current a list of its tenants and sub-lessees. Lessee shall require its employees and sub-lessees (and sub - lessee's invitees) to abide by the terms of this Agreement. Lessee agrees it shall promptly correct or remedy any breaches of any rules, regulations, terms, conditions or covenants by its employees or sub-lessees. Lessee, its tenants, employees, invitees and guests shall not be authorized to conduct any services not specifically listed in this Lease Agreement. The use of the Leased Premises by Lessee, its tenants, employees, invitees or guests shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and avia- tion. Except as specifically authorized in this Lease Agreement, no person, business or corporation may operate a commercial, retail or industrial business upon the Leased Premises or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or industrial activity. The Lessor shall not unreasonably withhold AM PORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - page to Exhibit 5 authorization to conduct aeronautical or related services. B. REQUIRED „SERVICES. Lessee is required and is hereby granted the non- exclusive privilege to engage in the business of and provide the services of a full and complete fixed base operator. It is expressly understood and agreed that the non-exclusive right to conduct aeronautical activities for ftunishing services to the public, including the delivery of fuel into aircraft is granted to the Lessee subject to the provisions set forth herein and all applicable ordinances of the City of Denton. Lessee agrees to perform the following services: 1. Fuel: To have available those grades and octanes of aviation gasoline, jet fuel and other petroleum products normally found at similar airports, and to provide ramp services including the sale and into-plane delivery of those aviation fuels, lubricants and other related aviation products, and to provide aircraft guidance and assistance within the areas of the leased premises, at least during daylight hours, sunrise to sunset, three hundred sixty-five (365) days per year. All fuels shall meet minimum F.A.A. requirements for aviation fuels as set out in F.A.A. Circular 5230-4, Aircraft fuel storage handling and dispensing, as the same may be revised, updated, or replaced by the F.A.A. or the United States Government All fuels which are a nationally known brand shall meet the terms of this requirement. All fuels shall be made available either by tank truck, stationary pump or other suitable equipment approved by the Fire Marshall of the City of Denton and the Airport Manager; and in accordance with the provisions of the Fire Code of the City of Denton. All fueling operations and all fuel facilities owned or operated by the Lessee shall be in compliance with the Minimum Fueling Standards Ordinance of the City of Denton. All prices for fuels and other petroleum products shall be posted in full public view at all times. Lessee agrees that it shall locate any new fuel storage tanks in compliance with all local, State and Federal codes and regulations. Except for major system failure not caused by Lessee's neglect, Lessee shall maintain the Fuel Farm and its equipment in good repair including the replacement of normal wear and tear items and making TCEQ upgrades. Lessee's privilege to use the Fuel Farm to meet its fuel obligations under this Agreement may be rescinded by Lessor should fuel levels at the Fuel Farm fall below 2,000 gallons for more than 45 days. 2. Ramp Services: To provide ramp servicing of, and assistance to, aircraft, including parking, storage and tie-down service, to both based and itinerant aircraft upon or within facilities leased to Lessee or other areas designated by the Lessor, at least during the Required Hours of Operation. 3. Pilot Lounge: To provide a pilot lounge area, informational services, and telephone service connections to the Flight Service Station at least during the Required Hours of Operation. 4. Hours of Operation: FBO will be open 6 a.m. to 10 p.m. Monday through AIRPORT LEASE AGREEMENT BAM DENTON MANAGENM T VENTURES - page 11 Exhibit 5 Friday; 7:00 a.m. to 7:00 p.m. Saturday and Sunday, 365 days of the year. However, FBO may close on the following holidays: Thanksgiving, Christmas, New Year's Day, and 4h of July. Such hours of operations are herein called the "Required Hours of Operation". 5. Additional Services: Lessee may provide the following additional services: a. Airframe and power plant repair (this service is the equivalent of providing two services) b. Flight instruction/aircraft rental c. Aircraft sales d. Air taxi and/or part 135 charter e. Avionics and instrument shop/maintenance f Propeller repair g. Pilot shop h. Aircraft wash rack i. Aircraft paint services j. Aircraft upholstery k. Other commercial aeronautical services as approved by Airport Management C. STANDARDS. Lessee shall meet or exceed the following standards: 1. Address. Lessee shall file with the Airport Manager and keep current its mailing addresses, telephone numbers and contacts where it can be reached in an emergency. 2. List. Lessee shall file with the Airport Manager and keep current a list of its tenants and sublessees. 3. Conduct. Lessee shall contractually require its employees and sublessees (and sublessee's invitees) to abide by the terms of this Lease Agreement. Lessee shall promptly enforce its contractual rights in the event of a default of such covenants. 4. Utilities, Taxes and Fees. Lessee shall meet all expenses and payments in connection with the use of the Leased Premises and the rights and privileges herein granted, including the timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. 5. Laws. Lessee shall comply with all current and future federal, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. AIRPORT LEASE AGREEMENT BAM DENTON MANAGENIENT VENTURES - Page 12 Exhibit 5 6. Maintenance of Property. Lessee shall be responsible for the maintenance, repair and upkeep of all property, buildings, structures and improvements, including the mowing or elimination of grass and other vegetation on the Leased Premises, and shall keep the Leased Premises neat, clean and in respectable condition, free from any objectional matter or thing, including trash or debris. Lessee agrees not to utilize or permit others to utilize areas on the Leased Premises which are located on the outside of any hangar or building for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises. Lessee agrees that at no time shall the Leased Premises be used for a flea market type sales operation. 7. Exterior Maintenance of Buildings. During the Lease Tenn, Lessor shall have the right to require, not more than once every five years, that the metal exterior of hangar(s) and building(s) located on the Leased Premises be inspected to identify any deterioration beyond normal wear. The Lessor may require Lessee to repair said exteriors according to Lessor's reasonable specifications, including paint and metal restoration, if needed. Lessee shall complete any repair in accordance with such specifications within one (1) year of receipt of notice from Lessor. Lessee shall pay all costs and expenses involved in the hangar or building restoration process. 8. Unauthorized use of Leased Premises. Lessee may not use any of the Leased Premises for any use not authorized herein unless Lessor gives Lessee prior written approval of such additional use. Without limiting the foregoing the Leased Premises shall not be used for the operation of a motel, hotel, restaurant, private club or bar, apartment house, storage of recreational vehicles, automobiles, or marine vehicles, or for industrial, commercial, retail, or other purposes, except as authorized herein. 9. Dwellings, It is expressly understood and agreed that no dwelling or domicile may be built, moved to or established on or within the Leased Premises nor may lessee, its tenants, employees, invitees, or guests be permitted to reside or remain as a resident on or within the Leased Premises or other Airport premises. . Lessee may have a pilot lounge, including restroom and shower facilities for use by flight crew and passengers. 10. (quit Possession. Lessee shall quit possession of the Leased Premises at the end of the Lease Term or any renewal or extension thereof, or upon cancellation or termination of the Lease Agreement and deliver up the Lease Premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. 11. Indemnity. Lessee must indemnify, hold harmless and defend the Lessor, its AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 13 Exhibit 5 officers, agents and employees, from and against liability for any and all claims, liens, suits, demands and/or actions for damages, injuries to persons (including death), property damage, (including loss of use), and expenses, including court costs, attorneys' fees and other reasonable costs, occasioned by or incidental to the Lessee's occupancy or use of the Leased Premises or the Airport and/or activities conducted in connection with or incidental to this Lease Agreement, including all such causes of action based on common, constitutional or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of Lessee, its officers, agents employees, invitees or other persons. Lessee must at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, employees, agents, customers, visitors, invitees, licensees and other persons, as well as their property, while in, on, or involved in any way with the use of the Leased Premises. The Lessor is not liable or responsible for the negligence or intentional acts or omissions of the Lessee, its officers, agents, employees, agents, customers, visitors and other persons. The Lessor shall assume no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects, whether real or alleged, which may now exist or which may hereafter arise upon the Leased Premises, responsibility for all such defects being expressly assumed by the Lessee. The Lessee agrees that this indemnity provision applies to all claims, suits, demands, and actions arising from all premise defects or conditions. THE LESSOR AND THE LESSEE EXPRESSLY INTEND THIS INDEMNITYPROVISION TO REQUIRE LESSEE TO INDEMNIFY AND PROTECT THE LESSOR FROM THE CONSEQUENCES OF THE LESSOR'S OWN NEGLIGENCE WHILE LESSOR IS PARTICIPATING IN THIS LEASE AGREEMENT WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE INJURY DEATH OR DAMAGE NOTWITHSTANDING THE TERMS OF THE PRECEDING SENTENCES, THIS INDEMNITY PROVISION DOES NOT APPLY TO ANY CLAIM LOSS, DAMAGE CAUSE OF ACTION, SUIT AND LIABILITY _WHERE THE INJURY, DEATH, OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE LESSOR OR ANY OF ITS EMPLOYEES, CONTRACTORS, OR AGENTS UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. 12. Chemicals. Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all Local., State and Federal regulations governing the storage, handling or disposal of such chemicals and paints. Further, the Lessee shall be solely responsible for all discharges, whether accidental or intentional, of any chemical and for the costs associated with the cleanup, remediation and disposal of said chemicals. AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 14 Exhibit 5 13 . Hazardous Activities. Should Lessee violate any law, rule, restriction or regulation of the City of Denton or the Federal Aviation Administration, or any other regulatory authority, or should the Lessee engage in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air navigation, obstructions to visibility or interference with any aircraft navigational aid station or device, whether airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the Leased Premises, or to the person(s) on the Leased Premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the violation(s) cease and desist from all such activity creating the violation(s). In such event, Lessor shall have the right to demand that corrective action, as required, be commenced immediately to restore the Leased Premises into conformance with the particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fail to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said corrections within twenty-four (24) hours following written notification, then Lessor shall have the right to enter onto the Leased Premises and correct the violation(s) at the sole cost and expense of Lessee, and Lessor shall not be responsible for any damages incurred to any improvements on the Leased Premises as a result of the corrective action process. In addition, such violation shall be considered a material default by Lessee authorizing Lessor, at its sole option and discretion, to immediately terminate and cancel this Lease Agreement. 14. Manager. Lessee shall select, appoint, and designate to Lessor in writing, a full-time Manager of business at the Leased Premises. The manager shall be vested with full power and authority to art in the name of Lessee with respect to the method, manner and conduct of the operation of the fixed base services to be provided under this agreement. The manager shall be available during regular business hours and during the manager's absence, a duly authorized subordinate shall be in charge and available during Required Hours of Operation, and on an on-call basis during other hours of the day. 15. Employees. Lessee shall provide, at its sole expense, the employees necessary to provide effectively and efficiently the services required or authorized in this Agreement. Lessee shall control the conduct, demeanor and appearance of its employees, who shall possess such technical qualifications and hold such certificates of qualification as may be required in carrying out assigned duties. Lessee shall be responsible to supervise its employees to assure a high standard of service to customers of the Lessee. 16. Charges b furnish all services on a fair, equal, Y Lessee: The Lessee agrees to far and not unjustly discriminatory basis to all users thereof, and to charge fair, AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page is Exhibit 5 reasonable, and not unjustly discriminatory prices for each unit or service, provided, however, that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 17. ELqp M Appearance: Lessee shall at its sole cost and expense keep and maintain the Leased Premises and all improvements, additions or alterations thereto, equipment and landscaping constructed or installed upon the Leased Premises, in first-class condition, which condition shall at all times be based on a standard of care reflecting prudent property management. D. SIGNS. No signs, posters, or other similar devices C' Signage") shall be placed on the exterior of the Lease Improvements or on any portion of the Leased Premises or Airport property without the prior written approval of Lessor. Lessee, at its sole expense, shall be responsible for the creation, installation and maintenance of all such Signage. Lessee shall pay to Lessor any and all damages, injuries, or repairs resulting from the installation, maintenance or repair of any such Signage. Any Signage placed on the Leased Premises shall be maintained at all times in a safe, neat, sightly and good physical condition. All signage shall be removed from the Leased Premises by Lessee immediately upon receipt of instructions for removal of same from Lessor, including without limitation, upon expiration or termination of this Lease Agreement. If Lessee fails to remove the Signage then Lessor may do so at the sole cost and expense of Lessee. Lessee shall be permitted the right to place two wall signs, no greater than thirty-two square feet each, identifying the commercial hangar operation. All signage shall comply with all applicable ordinances including the City of Denton sign ordinance." E. ENTRY. Lessor and its designees shall have the right to enter the Leased Premises upon reasonable advance notice (written or oral) and at any reasonable times for the purposes of inspecting the Leased Premises, performing any work which Lessor elects to perform under this Lease Agreement, and exhibiting the Leased Premises for sale, lease, or mortgage. Nothing in this section shall imply any duty upon Lessor to do any work, which under any other provision of this Lease Agreement Lessee is required to perform, and any performance by Lessor shall not constitute a waiver of Lessee's default. VI. COVENANTS BY LESSOR Lessor hereby agrees as follows: A. PEACEFUL ENJOYMENT. Upon on payment of all rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the Leased Premises and all rights and privileges herein granted. B. COMPLIANCE. Lessor wan-ants and represents that in the establishment, construction and operation of the Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - page 16 Exhibit 5 Aviation Administration, or any other govenimental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoining property in the course of normal take-off and landing procedures from the Airport; Lessor further warrants and represents that at all times during the Lease Term, or any renewal or extension of same, that it will continue to comply with the foregoing. It is expressly understood and agreed by and between Lessor and Lessee that this Lease Agreement is subject to the following special terms and conditions. RUNWAYS AND TAXIWAYS. Because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the taxiways, Lessee herein agrees to limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical activity" referred to in this clause shall include any activity of the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitory part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of violating the provisions of this section on two or more occasions shall be sufficient to cause the in mediate termination of this entire Lease Agreement and subject Lessee to liability for any damages to the Airport that might result. V111. LEASEHOLD IMPROVEMENTS A. MQUIREMENTS: Before commencing the construction of any additional improvements on the Leased Premises including the Parcel A Improvements (the Additional Lease Improvements"), Lessee shall submit: 1. Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the Leased Premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of the program established by Lessor on the Airport. 2. All plans and specifications showing the location upon the Leased Premises of AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 17 Exhibit 5 the proposed construction and improvements; 3. The estimated cost of such construction. No construction may commence until Lessor has approved the plans and specifications and the location of the Lease Improvements, and the estimated costs of such construction. Approval by the Lessor shall not be unreasonably withheld. Documentary evidence of the actual cost of construction on public areas only (such as taxiways) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's City Manager or designee is hereby authorized to endorse upon a copy of this Lease Agreement filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this Lease Agreement. No later than 30 days after completion of the Additional Lease Improvements, Lessee shall submit to Lessor detailed as built plans of the Additional Lease Improvements and documentary evidence acceptable to Lessor evidencing the total cost to construct the Lease Improvements ( "Cost to Construct Lease Improvements"). B. ADDITIONAL CONSTRUCTION OR IMPROVEMENTS: Lessee is hereby authorized to construct upon the Leased Premises, at its own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this Lease Agreement,, provided however, Lessee shall comply with all of the requirements of Section VIII.A., above. Such additional improvements shall be a part of the Additional Lease Improvements. D. OWNERSHIP OF IMPROVEMENTS: The Existing Improvements except for the hangar constructed by Lessee in 2003 and which is, identified on Attachment "B" (the "2003 Hangar") and all improvements as described in Attachment "B" are the property of the Lessor. The 2003 Hangar and the Additional Lease Improvements, when completed by Lessee, (the "Lease Improvements") shall remain the property of Lessee during the Lease Term subject to the following conditions, terms and provisions: 1. Removal of Buildings. No building or permanent fixture may be removed from the Leased Premises except as provided in this Agreement, 2. Upon the termination of this Agreement, whether by expiration of the Term hereof or by reason of default on the part of Lessee, or for any other reason whatsoever, the improvements (including without limitation, the Lease Improvements), and all parts thereof, shall merge with the title of, or be otherwise considered and deemed a part of the real property, free and clear of any claim of Lessee and all persons or entities claiming under or through Lessee (including, without limitation, any holder of a leasehold mortgage), and shall become the property of Lessor; provided, however: AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 18 Exhibit 5 (i) if Lessee is not then in default hereunder, Lessee shall have the right to remove all personal property and trade fixtures owned by Lessee from the Leased Premises, but Lessee shall be required to repair any damage to the Leased Premises caused by such removal in a good and workmanlike manner and at Lessee's sole cost and expense; and (ii) Lessor may elect to require Lessee to remove all or part of the improvements (other than the Lessor Improvements) from the Leased Premises prior to the expiration or earlier termination of this Lease Agreement and restore the Leased Premises to the condition in which the same existed as of the Effective Date of this Lease, as concerns the improvements required to be removed by Lessor, which said removal shall be completed no later than the last day of this Lease Agreement, whether expired or earlier terminated, in which event Lessee shall promptly perform such removal and restoration in a good and workmanlike manner and at Lessee's sole cost and expense; and (iii) Upon such expiration or earlier termination, Lessee shall deliver the Leased Premises to Lessor in good condition, reasonable wear and tear excepted, and shall, at Lessor's request, execute a recordable instrument evidencing the termination of this Agreement, expressly stating the temunation or expiration date thereof, 3. The Lessor Improvements, if any, shall remain the property of Lessor at all times during and after the expiration or earlier termination of this Lease Agreement. 4. Nothing contained herein shall be construed to limit or prohibit Lessor and Lessee from mutually agreeing to either (i) amend or modify this Lease Agreement or, (ii) enter into a new agreement to supersede and replace this Lease Agreement, which may, among other things, effectively extend or otherwise defer the transfer of title and ownership of the Lease Improvements to Lessor as provided for in this Section VHI.C., prior to the expiration of this Lease Agreement. However, nothing contained herein shall be deemed or construed to require any amendment or modification of this Lease or the entering into of a new lease agreement: Any such action shall be at the sole and absolute discretion of Lessor and Lessee. Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, structure, building or improvement shall, upon default of Lessee's obligations to said mortgagee, have the right to enter upon the Leased Premises and operate or manage said hangar, structure, building or improvement according to the terms of this Lease AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 19 Exhibit 5 Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer than the Lease Term. It is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee, those improvements purchased with the borrowed funds, and those improvements pledged to secure the refinancing of the improvements. X RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the Leased Premises for the purpose of providing underground utility services to, from or across the Airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the Leased Premises and Lessor shall restore the property to the original condition as is reasonable practicable upon the installation of any utility services on, in, over or under any such easement at the conclusion of such construction. Construction in or at the easement shall be completed within a reasonable time. X1. ASSIGNMENT OF LEAS Lessee expressly covenants that it will not assign this Lease Agreement, convey more than fifty percent (5001e) of the interest in its business, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the Leased Premises for any purpose, except for rental of hangar space or tie-down space for storage of aircraft only, without the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of such sale, sublease, transfer, license, or assignment of the facilities for Airport related purposes; provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the Leased Premises proposed to be assigned, subleased, transferred, licensed, or otherwise. The provisions of this Lease Agreement shall remain binding upon the assignees, if any, of Lessee. A. REQUIRED DISURANCE: Regardless of the activities contemplated under this Lease Agreement, Lessee shall maintain continuously in effect at all times during the term of this agreement, at Lessee's sole expense, the following minimum insurance coverages: Commercial (Public) General Liability covering the Lessee or its company, its employees, agents, tenants and independent contractors, and its operations on the airport. Coverage shall be in an amount not less than $1,000,000 per occurrence and provide coverage for premises/operations and contractual liability AND where exposure exists, coverage for: products/completed operations; explosion, collapse and underground property damage. AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 20 Exhibit 5 2. All risk Property insurance on a replacement, cost basis covering loss or damage to all facilities used by the Lessee, either as a part of this agreement or erected by the Lessee subsequent to this agreement. Under no circumstances shall the Lessor be liable for any damages to fixtures, merchandise or other personal property of the Lessee or its tenants. 3. Business Automobile Liability to include coverage for Owned/Leased Autos, Non- Owned Autos and Hired Cars: For operation in aircraft movement areas the limit of liability shall be $100,000 per occurrence. For other Operations the limit of liability shall be consistent with the amount set by State Law. B. ADD1110—NAL COVERAGES: In addition to the above referenced coverages, the following *insurance is required if the activity or exposure exists or is contemplated: 1. Aircraft Fuel/Oil Storage and Dispensing — Comprehensive Commercial (Public) General Liability shall include coverage or separate coverage shall be provided for Environmental Impairment Liability. 2. Aircraft Sales or Aircraft Charter and Air Taxi — Aircraft Liability in the amount of $1,000,000 per occurrence to include Hull Coverage and Liability. In addition, Passenger Liability in an amount of $ 100,000 per person (per passenger seat) shall be provided. 3. Aircraft Rental or Flight Training - Aircraft Liability in the amount of $1,000,000 per occurrence to include Hull Coverage and Liability, Passenger Liability in the amount of $100,000 per person (per passenger seat) and Student/Renter Liability covering all users in the amount of $500,000 per occurrence. 4. Specialized Commercial Flying (including crop dusting, seeding, and spraying, banner towing and aerial advertising, aerial photography and surveying, fire fighting, Power line or pipe line patrol) - Aircraft Liability in the amount of $1,000,000 per occurrence to include Hull Coverage and Liability. In addition, Passenger Liability in an amount of $100,000 per person (per passenger seat) "I be provided. 5. Aircraft Storage, Maintenance and/or Repair - Aircraft Liability in the amount of $1,000,000 per occurrence to include Hull Coverage and Liability. In addition, Hanger Keepers Liability in the amount of $500,000 per occurrence shall be provided. The requirement for Hangar Keepers Liability shall not apply to individual owner/operators whose primary use of the hangar space is the storage of their own aircraft. The requirement does not apply to such AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 21 Exhibit 5 individuals notwithstanding the fact that they may, from time to time, permit the storage of non-owned aircraft in the hangar space and charge a fee for the storage of such aircraft so long as such use is in the nature of a rent-sharing agreement rather than a commercial aircraft storage business. C. COVERAGE REQI�MENTS: All insurance coverages shall comply with the following requirements: 1. All liability policies shall name the City of Denton, and its officers and employees as an additional named insured and provide for a minimum of 30 days written notice to the City of any cancellation or material change to the policy. 2. All insurance required by this Lease Agreement must be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in the State of Texas. All policies are subject to the examination and approval of the City's office of Risk Management for their adequacy as to content, form of protection and providing company. 3. Required insurance naming the City as an additional insured must be primary insurance and not contributing with any other insurance available to the City whether from a third party liability policy or other. Said limits of insurance shall in no way limit the liability of the Lessee hereunder. 4. The Lessor shall be provided with a copy of all such policies and renewal certificates. Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease Agreement. 5. During the Lease Term, or any extension thereof, Lessor herein reserves the right to, with 60 days notice, adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport in size and in scope of aviation activities, located in the Southwestern region of the United States. XlH. CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the terms, covenants, or AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 22 Exhibit 5 conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may terminate this Lease Agreement by written notice to Lessee. However, if Lessee provides written notice to Lessor within said 30 day cure period that it is impossible to cure such default within said time period, then the Lessor may consent to an extension of such time to cure, which consent will not be unreasonably withheld. In the event of default, Lessor has the right to purchase any or all of the Lease Improvements under the provisions of Section VIII.C.4. hereof. XfV. CANCELLATION BY LESSEE Lessee may cancel this Lease Agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by dirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of competent juris- diction of a permanent injunction in any way preventing or restraining the use of the Airport Or any Part thereof for airport purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of Lessee to use the Lease Premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenance and operation of said airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the Leased Premises cannot be used for aviation purposes, then the Lessee may cancel this Lease Agreement as aforesaid, or may elect to continue this Lease Agreement under its terms, except, however, that the use of the Leased Premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. Should Lessor close the Airport and relocate the Airport to another location during the primary term of this Lease Agreement Lessee shall have the right to relocate its facilities to the new airport at a suitable location under the same or similar terms of this Lease Agreement. The cost of relocation of Lessee's facilities will be shared by Lessor and Lessee in proportion to the number of years remaining on the primary term of this Lease Agreement. In this regard Lessor will be responsible for 1/30 of the such costs for every year remaining on the primary term. XV. MISCELLANEOUS PROVISIONS AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 23 Exhibit 5 A. ENTIRE AGREEMENT. This Lease Agreement constitutes the entire understanding between the parties and as of its Effective Date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. BINDING EFFECT. All covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto. C. SEVERABILITY. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Lease Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. NOTICE. Any notice given by one party to the other in connection with this Lease Agreement shall be in writing and shall be sent by certified mail, return receipt requested, with postage fees prepaid or via facsimile as follows: I - If to Lessor, addressed to: City Manager City of Denton 215 E. McKinney Street Denton, Texas 76201 Fax No.940.349.8596 2. If to Lessee, addressed to: Chief Executive Officer BAM Denton Management Ventures, L.L.C. 5007 Airport Road Denton, Texas 76207 Phone (940) 898-1200 Fax No. (940) 382 -5602 E. HEADINGS. The headings used in this Lease Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. F. GOVERNING LAW AND YENUE. This Lease Agreement is to be construed in accordance with the laws of the State of Texas and is fully performable in Denton County, Texas. Exclusive venue for any lawsuit to enforce the terms or conditions of this Lease Agreement shall be a court of competent jurisdiction in Denton County, Texas. G. NO WAIVER. No waiver by Lessor or Lessee of any default or breach of AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT vENTURES - Page 24 Exhibit 5 covenant or term of this Lease Agreement may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this Lease Agreement. H. NO AGENCY. During all times that this Lease Agreement is in effect, the parties agree that Lessee is and shall not be deemed an agent or employee of the Lessor. I. FORCE MAJEURE. None of the Parties shall be in default or otherwise liable for any delay in or failure of performance under this Lease Agreement if such delay or failure arises by any reason beyond their reasonable control, including any act of God, any acts of the common enemy or terrorism, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications. However, lack of funds shall not be deemed to be a reason beyond a Party's reasonable control. The Parties will promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause of a delay in the performance of this Lease Agreement. J. SUPERCEDES EXISTING LEASE. This Lease Agreement supercedes and takes the place of the Existing Lease as approved by City of Denton Ordinance 2004-380 in its entirety. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the Effective Date first above written. CITY OF DENTON, TEXAS, LESSOR M ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: GEORGE C. CAMPBELL, CITY MANAGER AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES -- Page 25 Exhibit 5 BAM Denton Management Ventures, L.L.C., a Texas Limited Liability Company BY: DAMON WARD, CE -0 ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of , 2015, by George C. Campbell, City Manager of the City of Denton, Texas, on behalf of said municipality. NOTARY PUBLIC, STATE OF TEXAS THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the 'ZD. day of J 2015 by Damon Ward, CEO, BAM Denton Management Ventures, L.L.C., a Tex limited liability company, on behalf of said company. Notary r"W' Stale arfirs" NOT Y P ATE plr&v NOT IC, OF TEXAS AIRPORT LEASE AGREEMENT BAM DENTON MANAGEMENT VENTURES - Page 26 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -782, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM/ ACM: Jon Fortune Date: September 1, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer Agreement between the City of Denton and the Denton Fire Fighters Association, and providing an effective date. BACKGROUND As you are aware, over the past few months City management has been working with the Denton Fire Fighters Association to negotiate a renewal to their existing Meet and Confer Agreement. The following is a brief history of the Meet and Confer process in Denton and an update as to the current status of our discussions. House Bills 304 and 2892 granted certain municipalities the option to meet and confer with fire and /or police associations and became effective in September 2005. While the bills do not require the City or the fire and /or police association to engage in a meet and confer process, it gives the legislative authority for the parties to discuss topics such as salaries, benefits, hiring, discipline, and other conditions of employment that are governed by the civil service provision of the Texas Local Government Code and override state law in any resulting contracts entered by the Parties. In October 2005, the Denton Fire Fighters Association petitioned the City Council to act as the sole and exclusive bargaining agent for non - exempt employees of the Denton Fire Department. The City entered into meet and confer negotiations with the Denton Fire Fighters Association following a Council resolution recognizing them as the exclusive bargaining agent for meet and confer on November 15, 2005. On September 26, 2006, Council adopted an ordinance approving the first three (3) year Meet and Confer Agreement, as ratified by the Denton Fire Fighters Association. Prior to expiration of that contract in 2009, the City again entered into meet and confer negotiations with the Denton Fire Fighters Association. On September 22, 2009, Council adopted an ordinance approving the second three (3) year Agreement. Subsequent amendments to that agreement extended the term until September 30, 2015. The current Fire agreement will expire on September 30, 2015. Consequently, in May 2015, management representatives began meeting with the Denton Fire Fighters Association to renegotiate the agreement with the goal of completing negotiations in mid -July. We had very successful discussions with the Association and concluded negotiations with tentative agreements for contracts with a four year term on July 16, 2015. Through the work during this process, the City and the Fire Fighters Association developed an Agreement that contains 17 specific articles dealing with topics such as hiring, promotion, compensation, and discipline, which are City of Denton Page 1 of 2 Printed on 8/27/2015 File #: ID 15 -782, Version: 1 mutually beneficial. Copies of the agreements and a summary of the specific provision of each agreement are attached. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council met with staff and legal counsel regarding the legal aspects of the meet and confer process at the following closed session meetings: 1. June 9, 2015 (Meet and Confer legal briefing) 2. July 28, 2015 The Fire Fighters Officers Association ratification vote was finalized on August 20, 2015. Out of 159 possible ballots, 62 ballots were returned. The agreement was approved with 50 votes in favor of the agreement and 12 votes against the agreement. FISCAL INFORMATION The financial impact of each agreement related to any pay provisions or wellness initiatives will be included in the proposed budget. RECOMMENDATION Staff recommends City Council approve the 2015 -2019 Fire Meet and Confer Agreement. EXHIBITS 1. Fire Meet and Confer Agreement Summary Matrix 2. Ordinance and Fire Meet and Confer 2015 -2019 Agreement Respectfully submitted: Jon Fortune Assistant City Manager Prepared by: Jessica Rogers Assistant to the City Manager City of Denton Page 2 of 2 Printed on 8/27/2015 O N i O N C Sir �C' Sr O� s� w 0 0 s� AO � ° ct o �' � `� � • �' ' � «t � � � � ' � • � sue. � � �" v °�' �, ^c �, Ct �° �' ° o R t ct Ct ct — r O - E ct ct ct Ct o U o U (D s F b � 0 0 ct o o o ct o s- �" cd > bA r' 1 cr3 a, v = rA A. O v rA O N ct ct S: N N O . — m "" m rA rA ct bA v O cH 4 «3 S� ¢, v O N W ', 'v — O C 'A bA . ct v 03 �O O c 'A ;:3 o — o 0 o °' °' ' ci ct 'n sD.�.?.� �. ct oi °o o o3 4. �_ ° oo ct ° o s ° °' o . °�' oN Cl ° ° °�' "3 o" o 03 U �, • Ct o CD rA b ct U bA $- N � s- Ct -- u o. cn o a� th � cn p N � M U o ct ct i Ct ct c R " U Ct o i �' ct N Oct ccf ct � 4-i sct 'A ct (s, O � Nom-' bA `n � N O ccf ct ct N 0 —74 pp t� W In ct ° Q 4a U V p, ° N �, A. O sue, rA ct c� c oc 'C3 U ,;, N C3 ' c ci N >C d? cc3 O N N O bA U cd N ct O p n U N N v dj C4; 40 ct Ct Ct N N Q� N N A cc3 �"� ct • V V" ^� ct ct U ct ct u Ct ct p U O U N N U O «3 O u �' U � � � v � � . p. •'�1 O N � � . � N N ci O 4-i o a� `t U ct o ct . ct Ct o n 47- o O ct CIS 03 ct • O ct st. F3 I�oq U O O O N C' U ct Ct O_ bA m r ct m m U m O —� 4 N O A U U U bA 69 U y- «3 TS ct bA sU, cH N —71 O� cd ct ct N N rA c 4� ct Q N N d) N U U ct O N 12 'C3 O U O N'A ' O O b�A O sue' p. N En N c� cs It ct ct 'A ct u Clt �El U C• r, N N ct s, cr3 N ct ct U _ U f' 'C3 C-t :tut O ct ct y., ,rte.' U 5•. bA U ct ct U . N Zn _ U O O sN, n cn ° O U ct _O bA cc1 U ct p ct A- U U ct N 1 U a, N N O p c>, Ct ct ct u ct 0 J v N N m O * ct Q N O O x � U p N N N O � O C41 m m A ct O N O N Ct ct c U cc1 Q t t Q. J bA p � U ct N ^� O cc3 Q O Ct O U O 4a O s, U r U U U bA v N U N O U U U 72 ¢ U J s. ct O O N e -- 4-1 N = p p° N '� ct rA `n `n s. ct O v� Ct N N 'A 'A a, 'A O N ct ^C3 N ,-- U F'+ U H � � O p ct rA Ct ¢, " U O N U� •� � � U N ct cn O �. cn Lr� c O ct O N � O cn p can O � � Ct N ct N O M ct N N O ct O rA W � N N ct 'A cd N TS ct ct ct ct U O 4-' i� U Ct H W t� � 1 �. _10 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FIRE FIGHTERS ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Meet and Confer Agreement between the City and the Denton Fire Fighters Association in substantially the form of the agreement attached hereto and made a part of this ordinance for all purposes (the "Agreement "). SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:., Meet and Confer Agreement Between The City of Denton �J Denton Fire Fighters Association, IAFF Local 1291 Fiscal Years 2015 -2016; 2016 -2017; 2017 -2018; and 2018 -2019 TABLE OF CONTENTS DEFINITIONS................................................................................................. ............................... 2 ARTICLE 1 RECOGNITION ......................................................................... ............................... 3 ARTICLE 2 TRANSITION FOR CERTAIN CIVIL SERVICE AND APPOINTED POSITIONS....................................................................................................... ..............................4 ARTICLE 3 LABOR /MANAGEMENT RELATIONS ................................ ............................... 12 ARTICLE 4 HIRING PROCESS .................................................................. ............................... 13 ARTICLE 5 PROMOTIONS ......................................................................... ............................... 18 ARTICLE 6 APPOINTED POSITIONS FOR ASSISTANT CHIEF ........... ............................... 21 ARTICLE7 NEPOTISM ............................................................................... ............................... 22 ARTICLE 8 SAFETY AND HEALTH ......................................................... ............................... 23 ARTICLE 9 DISCIPLINE ............................................................................. ............................... 24 ARTICLE 10 COMPENSATION ................................................................. ............................... 25 ARTICLE 11 CERTIFICATION AND EDUCATION PAYS ..................... ............................... 27 ARTICLE 12 PENSION ................................................................................ ............................... 29 ARTICLE 13 DEFERRED COMPENSATION PLAN ................................ ............................... 30 ARTICLE 14 ASSOCIATION BUSINESS LEAVE .................................... ............................... 31 ARTICLE 15 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE... 33 ARTICLE 16 TERM OF AGREEMENT ...................................................... ............................... 37 ARTICLE 17 SAVINGS CLAUSE, PREEMPTION PROVISION, AND COMPLETE AGREEMENT CLAUSE .............................................................................. ............................... 38 EXHIBIT A PANEL OF ARBITRATORS ................................................... ............................... 40 EXHIBIT B NEPOTISM POLICY ............................................................... ............................... 41 EXHIBIT C APRIL 17, 2015 LETTER OF AGREEMENT ......................... ............................... 45 DEFINITIONS 1. "Agreement" means this Meet and Confer Agreement entered between the City of Denton and Denton Fire Fighters Association, IAFF Local 1291. 2. "Association" means the Denton Fire Fighters Association, IAFF Local 1291, its elected leaders and its collective membership. 3. "City" means the City of Denton, its mayor, city council members, city manager, fire chief and those persons designated by the City of Denton to manage the city and its fire department. 4. The term "commission" means the Denton Fire Fighters' and Police Officers' Civil Service Commission. 5. The term "days" refers to calendar days unless otherwise specified. 6. The term "Department" or "Fire Department" means the Denton Fire Department. 7. The term "Department head" or "Fire Chief' means the Fire Chief of the Denton Fire Department, designee, interim, or an acting Chief of the Denton Fire Department. 8. The term "director" means the director of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 9. The teen "Firefighter" means a member of the Denton Fire Department who was appointed in substantial compliance with Chapter 143 of the Texas Local Government Code who is entitled to civil service status under section 143.005 of the Texas Local Government Code and excludes persons attaining civil service status under Article 2. 10. The term "Local Rule" means the Local Rules and Regulations of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 11. The term "newly classified employee" means a person attaining civil service status under Article 2. 12. "Parties" or "parties" means the City of Denton and the Denton Fire Fighters Association, IAFF Local 1291 and "Party" or "party" means either the City of Denton or the Denton Fire Fighters Association, IAFF Local 1291. 0a ARTICLE 1 RECOGNITION The CITY OF DENTON recognizes the DENTON FIRE FIGHTERS ASSOCIATION, IAFF LOCAL NO. 1291, as the sole and exclusive bargaining agent for the covered Firefighters described in the petition for recognition, excluding the head of the fire department and excluding the employees exempt under Subsection (b) of 142.108, in accordance with subchapter C of Chapter 142 of the Texas Local Government Code. ARTICLE 2 TRANSITION FOR CERTAIN CIVIL SERVICE AND APPOINTED POSITIONS Section 1. Intent In the Parties' prior agreements, effective October 1, 2006, (the "2006 -2009 Agreement ") and effective October 1, 2009, (the "2009 -2012 Agreement and Amendments ") the Parties agreed to reclassify certain non -civil service civilian positions in the Fire Prevention Division and Administration Division to civil service for certain civil service benefits and protocols under Chapter 143 of the Texas Local Government Code to create a more unified Department incorporating Operations, Administration and Fire Prevention. To further that transition and that goal, the Parties agree the reclassifications have become permanent and intend for any variation of civil service provisions by this Agreement to also apply to the reclassified positions. Section 2. Employees Affected and Civil Service Status in 2006 -2009 Agreement, 2009- 2012 Agreement and Amendments, and this Agreement. (A) The former non -civil service positions affected by Article 2 of the 2006 -2009 Agreement included the following positions: • Public Education Officer, • Fire Inspector, • Senior Fire Inspector, • Fire Protection Engineer Associate, • Assistant Fire Marshal, • Fire Marshal, • Fire Recruitment Management Analyst, and • Emergency Management Program Manager. A Fire Department employee who served in one of these positions was not required to take a competitive examination to remain in the employee's position if the employee was appointed to that position before October 1, 2006. (B) At the time of the effective date of the 2006 -2009 Agreement, the former non -civil service employees affected by former Article 2 automatically waived into and qualified for the provisions of civil service status under Chapter 143 concerning classification status, disciplinary action, appeals, protocols, sick leave, on duty injury leave, and other such provisions, with the exception of those provisions relating to promotions or transfers and except as otherwise provided in the 2006 -2009 Agreement and 2009 -2012 Agreement and Amendments. (C) The current civil service positions affected by this article include the following: • Fire Inspector Specialist I, • Fire Inspector Specialist II, 4 • Fire Protection Specialist, • Deputy Fire Marshal, • Fire Marshal, • Fire Recruitment Management Analyst /Fire Community Service Officer, and • Emergency Management Program Manager. Section 3. Fire Prevention Division Titles and Ranks (A) Fire Inspector Specialist I Pursuant to the terms of the 2006 -2009 Agreement, the Public Education Officer, Fire Inspector and Senior Fire Inspector were replaced with a Fire Inspector Specialist classification. Pursuant to the terms of the 2009 -2012 Agreement and its amendments, the Fire Inspector was reclassified to a Fire Inspector Specialist I with the salary at the current Fire Fighter base pay and applicable step pay plus three hundred dollars ($300) assignment pay per month. The applicable step determination will continue to be based on the time in rank of Fire Fighter and Fire Inspector Specialist I. (B) Fire Inspector Specialist II Pursuant to the terms of the 2009 -2012 Agreement and its amendments, a new supervisory Fire Prevention position was established with the classification of Fire Inspector Specialist II with a salary at the current Fire Driver base pay and applicable step pay plus four hundred dollars ($400) assignment pay per month. The applicable step determination will continue to be based on the time in rank of Fire Driver and Fire Inspector Specialist II. (C) Fire Protection Specialist Pursuant to the 2006 -2009 Agreement, the Fire Protection Engineer Associate was classified in place. This classification was eliminated when vacated and replaced with the classification of Fire Protection Specialist with a salary at the current Fire Captain base pay and applicable step pay. The Fire Protection Specialist shall receive five hundred dollars ($500) per month assignment pay. The applicable step determination will continue to be based on time in rank of Fire Captain and Fire Protection Specialist. (D) Deputy Fire Marshal Pursuant to the 2006 -2009 Agreement, the Assistant Fire Marshal was classified in place. This classification was eliminated and replaced in 2013 as a result of the Second Amendment to the 2009 -2012 Agreement and its Amendment with the classification of Deputy Fire Marshal with a salary at the current Fire Battalion Chief base pay and applicable step pay. The Deputy Fire Marshal shall receive six hundred dollars ($600) per month assignment pay. The applicable step will continue to be based on the time in rank of Battalion Chief and Deputy Fire Marshal. 5 (E) Fire Community Service Officer Pursuant to the 2006 -2009 Agreement, the position of Fire Recruitment Management Analyst was classified in place. This classification is now hereby eliminated and replaced with a Fire Community Service Officer. Base pay for Fire Community Service Officer will be equivalent to Fire Captain. The incumbent in the Fire Recruitment Management Analyst classification will automatically be reclassified into the classification of Fire Community Service Officer. The applicable step will continue to be based on the time in rank of Captain, Fire Recruitment Captain and Fire Community Service Officer. The Fire Community Service Officer shall receive five hundred dollars ($500) per month assignment pay. The Fire Community Service Officer may be eliminated when vacated by the incumbent and replaced with a Fire Captain classification with the duties to be determined by the Department head. (F) Filling Fire Prevention Division Vacancies Occurring Before the Equivalent Rank 2016 Promotional Testing Date (1) Vacancies in the Fire Prevention Division will be filled in a manner determined by the Department head and in accordance with this subsection of the article. This excludes the appointed positions in section 4 of the article. The process by which the vacancies are filled is not restricted by Article 5, the Promotions Article in this Agreement, or restricted by Chapter 143 of the Texas Local Government Code. (2) The Department head may fill the vacancy by transfer, assignment or promotion. (a) Firefighters may voluntarily transfer to the Fire Prevention Division to fill vacancies according to the eligibility outlined in subsection 3 below provided: (i) he /she meets the requirements of the job description for the position he /she is applying for, and (ii) he /she is recommended by the Fire Marshal and approved by the Department head. (b) The Department head may make an assignment to that position from the Operations Division. (c) The Department head may make a promotion to that position from the Operations Division by appointing one of the first three eligible promotional candidates having the highest grades on the existing eligibility list for the equivalent rank. Transfers back to the Operations Division shall be at discretion of the Department head. (d) The Department head, with the recommendation of the Fire Marshal, may appoint a current member of the Fire Prevention Division from the rank immediately below to the vacant new position, provided he /she meets the requirements of the job description. Current members appointed in such a manner will enter the position at the applicable civil service rate for that rank and follow the steps in that classification. He /she will receive any applicable assignment pay for no the position he /she fills. The Department head may also fill the vacancy by lateral transfer within the Fire Prevention Division. (i) If a selection occurs of a member of the Fire Prevention Division who originated in the Operations Division and that member transfers back to the Operations Division, that member would transfer back at the rank previously held in the Operations Division. That member will not gain rank through a Fire Prevention Division promotion under this process. (3) Firefighters transferring under this section retain their pay grade and benefits and, in addition, receive any assignment pay for the applicable Fire Prevention Division position. Transfers to the Fire Prevention Division shall not be for promotional purposes under Civil Service rules. Therefore, Firefighters transferring into the Fire Prevention Division may on transfer to an equivalent rank as follows: • Fire Inspector Specialist I = Fire Fighter • Fire Inspector Specialist II = Driver • Fire Protection Specialist and Fire Community Service Officer = Captain • Deputy Fire Marshal = Battalion Chief (4) Firefighters transferring or assigned to the Fire Prevention Division must complete the assignment for a minimum of two years. This assignment may be shortened or lengthened by mutual agreement of the Firefighter and the Department head. At the expiration of the two (2) year assignment, the Firefighter may request a transfer back to Operations. (5) An exception to the two year assignment shall be for promotions. A Firefighter transferred or assigned to the Fire Prevention Division shall be entitled to take a promotional examination if otherwise eligible. The Firefighter may promote out of the Fire Prevention Division back into the Operations Division. (6) No Probationary Fire Fighters will be assigned to the Fire Prevention Division. (G) Filling Fire Prevention Division Vacancies Occurring After the Equivalent Rank 2016 Promotional Testing Date (1) Vacancies in the Fire Prevention Division occurring after the equivalent rank 2016 promotional testing date will be filled by lateral transfer, assignment or from a promotional list. This excludes the appointed positions in section 4 of the article. The process by which the vacancies are filled is consistent with Article 5, the Promotions Article in this Agreement, and consistent with Chapter 143 of the Texas Local Government Code except that a newly classified employee will be considered to be eligible to take a promotional examination for the classification that is immediately above in rank for promotion in the Fire Prevention Division. (2) The Department head may fill the vacancy by transfer, assignment or promotion. %I (a) Firefighters or newly classified employees may voluntarily transfer to the Fire Prevention Division or within the Fire Prevention Division. (b) The Department head may make an assignment to that position from the Operations Division or Fire Prevention Division. (c) The Department head may make a promotion to that position from the existing eligibility list for the equivalent rank by appointing the eligible promotional candidate having the highest grade on the eligibility list under section 143.036 of the Texas Local Government Code. Transfers back to the Operations Division shall be at discretion of the Department head. (3) Firefighters transferring under this section retain their pay grade and benefits and, in addition, receive any assignment pay for the applicable Fire Prevention Division position. Transfers to the Fire Prevention Division shall not be for promotional purposes under Civil Service rules. Therefore, Firefighters transferring into the Fire Prevention Division may only transfer to an equivalent rank as follows: • Fire Inspector Specialist I = Fire Fighter • Fire Inspector Specialist 11= Driver • Fire Protection Specialist and Fire Community Service Officer = Captain • Deputy Fire Marshal = Battalion Chief (4) Firefighters transferring or assigned to the Fire Prevention Division must complete the assignment for a minimum of two (2) years. This assignment may be shortened or lengthened by mutual agreement of the Firefighter and the Department head. At the expiration of the two (2) year assignment, the Firefighter may request a transfer back to Operations. (5) An exception to the two year assignment shall be for promotions. A Firefighter assigned to the Fire Prevention Division shall be entitled to take a promotional examination if otherwise eligible. The Firefighter may promote out of the Fire Prevention Division back into the Operations Division. (6) No Probationary Fire Fighters will be assigned to the Fire Prevention Division. Section 4. Fire Marshal and Emergency Management Program Manager. (A) Fire Marshal and Emergency Management Program Manager By Appointment. The positions of Fire Marshal and Emergency Management Program Manager shall continue to be appointed by the Department head and shall not be filled by promotional examination. A person appointed under this section serves at the pleasure of the Department head. (B) Fire Marshal Classification. The Fire Marshal shall continue to be classified in place. (C) Emergency Management Program Manager. The Emergency Management Program Manager shall continue to be classified in place. (D) Base Pay Prior to a Vacancy Occurring. The base pay for Fire Marshal and Emergency Management Program Manager, prior to a vacancy occurring in each respective position, will be determined by the Department head based on market comparisons in accordance with City of Denton policy. (E) Upon the Vacancy in the Current Positions of Fire Marshal and Emergency Management Program Manager. (1) Determination of Job Descriptions and Base Pay. When a vacancy occurs in either of the current positions of Fire Marshal or Emergency Management Program Manager, the base pay and minimum and preferred qualifications for that position from the time of vacancy will be made by recommendation by the joint Labor /Management Committee to the Department head. The Department head will determine whether to adopt the recommendation and ultimately will determine minimum and preferred qualifications and base pay for that position. (2) Vacancy to Be Filled by Appointment by the Department Head. Vacancies in the positions of Fire Marshal or Emergency Management Program Manager shall be filled by appointment by the Department head. Appointments for Fire Marshal or Emergency Management Program Manager will be made by the Department head from within the Department, following the procedure outlined below. If no suitable candidate from within the Department exists, the Department head may appoint a person from outside the Department Procedure. 1. Job Announcement for potential candidate(s) within the Department 2. Candidate(s) submit a letter of interest and resume to the Department head 3. Application review for minimum and preferred qualifications by the Department head 4. Department head's interview 5. Appointment from within the Department or proceed to external process if no suitable internal applicant 6. External Job Announcement 7. Candidate(s) submit an application and resume to Human Resources 8. Application review for minimum and preferred qualifications by the Department head 9. Department head's interview 10. Potential appointment from external candidates or repost externally (3) Review of Non - Selection by Internal Candidate. In the event that an internal candidate applies and proceeds through step 4, but is not selected and the Department head proceeds to the 0 external process, that candidate may seek review of the non - selection. The internal candidate may seek review by providing a written statement to the Department head within ten (10) calendar days from the date of the notification of non - selection stating the basis for review. The review process shall be as follows: (a) The joint Labor /Management Committee shall review the Department head's decision and make a non - binding recommendation in writing to the Department head within five (5) business days from the date that the candidate seeks review. (b) The Department head shall review the recommendation by the joint Labor /Management Committee and determine whether or not to reconsider the decision within ten (10) calendar days from the date of the recommendation. (c) The internal candidate may seek review of the non - selection to the commission by submitting a request in writing to the director within five (5) business days from the date of determination by the Department head of sustaining the non - selection. The commission shall have ten (10) business days to conduct a hearing and render a decision sustaining or overruling the Department head's decision to seek an external candidate. The standard of review by the commission is whether the Department head's decision is arbitrary and capricious. The commission's decision shall be final and binding with no right of appeal to an arbitrator or district court. (d) Deadlines in this article may be extended by mutual agreement by the internal candidate seeking review and the Department head. (F) Internal Appointment. In the event that an internal Firefighter or newly classified employee under this article fills the vacancy, only subsections 143.014(8) and 143.014(h) of 143.014 of the Texas Local Government Code shall apply. (G) External Appointment. In the event that an external candidate fills the vacancy, only subsection 143.014(h) of 143.014 of the Texas Local Government Code shall apply after a twelve (12) month probationary period applicable to an external appointment, except that the provision relating to being restored to the same classification or its equivalent shall not apply. Section 5. Transfer. (A) Restrictions. The newly classified employees under former article 2 in the 2006 -2009 Agreement, and 2009 -2012 Agreement and Amendments and under this article may not transfer out of their currently assigned Division into any other classified civil service position in another Division in the Department. Newly classified Prevention Division employees under former article 2 in the 2006 -2009 Agreement and 2009 -2012 Agreement and Amendments and under this article are only eligible to promote or transfer within their currently assigned Division. (B) Effect of Transfer. Operations Division Firefighters who transfer to the Fire Prevention Division or Administration Division are eligible to take promotional examinations, provided they meet the requirements for the promotional examination under Chapter 143 of the Texas Local Government Code and any pre - requisites for promotion as determined under article 5 of this 10 Agreement. It is the intent of the Parties that, a Firefighter does not gain rank or lose rank by transferring between Divisions. Section 6. Commission's Role. The commission may adopt rules under this article providing for the efficient administration of this article. Section 7. Statutory Override. To the extent this article continues to reclassify the current positions of Fire Inspector Specialist 1, Fire Inspector Specialist II, Fire Protection Specialist, Deputy Fire Marshal, Fire Community Service Officer, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager to civil service positions this article overrides section 143.003(4) and section 143.003(4)(A). This article is the exclusive process and provision by which the former positions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Protection Engineer Specialist and Assistant Fire Marshal; and current positions of Fire Inspector Specialist 1, Fire Inspector Specialist 11, Fire Protection Specialist, Deputy Fire Marshal, Fire Marshal, Fire Community Service Officer and Emergency Management Program Manager are afforded civil service status. Unless otherwise provided in this article, this article overrides sections 143.014, 143.015 to the extent limited in section 4 of this article, 143.026, 143.028, 143.029, 143.030, 143.032, 143.033, 143.034, 143.036 (except the definition of vacancy), 143.041(b), 143.041(c)(3), 143.042 and 143.085 of the Texas Local Government Code. The overrides to Chapter 143 of the Texas Local Government Code also apply to this article and to the reclassified positions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Inspector Specialist 1, Fire Inspector Specialist 11, Fire Protection Specialist, Deputy Fire Marshal, Fire Community Service Officer, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager. ARTICLE 3 LABOR/MANAGEMENT RELATIONS Each Party shall designate three (3) representatives to serve on a joint Labor /Management Committee ( "Committee "). This Committee shall meet quarterly at agreeable times and places to discuss matters of mutual concern. Such discussion shall not be tantamount to, or an extension of, the bargaining process, but shall be for the purpose of encouraging productive relations between the parties and the improvement of the fire services to the community. A minimum of two (2) members from each party must be present for a meeting to be held. The Department head will make reasonable efforts to accommodate requests by Association members to attend if they are on duty. Both parties understand and agree that Committee meetings are not required on any issue, except where provided for in Articles 2, 5 and 8 of this Agreement, and are not a condition nor limitation on the management rights to make and enforce policies, rules, regulation, or operational decisions. The work of the Committee shall be conducted on City time without loss of pay by Committee members; except that meetings which are scheduled at times when Association members who are not on duty, such members shall attend on their own time without compensation. 12 ARTICLE 4 HIRING PROCESS Section 1. Intent In adopting this article, the Parties agreed to implement a hiring system for beginning positions in the Department that provided for selection based upon the determination by an Oral Interview Board and the Chief's Interview. The parties believe a determination by the Oral Interview Board and Chief's Interview for beginning positions improved the selection process and provided applicants a fair opportunity to demonstrate skills and abilities that serve as additional good indicators that they would perform well in the Department. Section 2. Adoption and Publication of Rules Any Local Rules that may be adopted by the commission shall be in conformity with the provisions of this article. Section 3. Written Examination and Commission List (a) Establishment of Date of Written Examination in 2011 Entrance examinations will be held on the second Saturday in January. The actual date of the examination may be rescheduled in the event of circumstances beyond the City's control including but not limited to extraordinary weather events or other emergencies. (b) Written Examination and Military Points The written examination under Chapter 143 of the Texas Local Government Code shall be administered and the minimum passing grade on the written examination is seventy percent (70 %). An additional five (5) points shall be added to the examination grade of an applicant who served a minimum of one hundred and eighty (180) active days in the United States armed forces, received an honorable discharge, and made a passing grade on the examination. In the event a tie should occur, the process to break a tie will follow the Department Hiring Guideline. A passing grade on the written examination may permit the applicant to proceed to the next step(s) in the hiring process. The grade on the written examination will not serve as the grade for ranking on the eligibility list; however, the written examination grade, plus any applicable military points, will determine the ranking for a Commission List from which applicants proceed through the remainder of the hiring process. (c) Commission List In this article " Commission List" shall mean the list of applicants who made a passing grade on the written examination ranked from highest to lowest including any applicable military points and shall not mean the eligibility list from which an applicant may be appointed. 13 When a vacancy occurs in a beginning position in the Fire Department, the Department head shall request in writing from the director the names of suitable persons from the Commission List outlined in subsection (a) above. The director shall certify and provide to the Department head all of the names of such applicants on the Commission List. From the Commission List of names, the Department head shall identify a number of applicants, based on the determination of the Department head related to the number of vacancies, with the highest ranking to proceed through the process. Section 4. Background Check and Physical Ability Test (a) Background Check After the Department head determines an applicant to be eligible to proceed through the process by the Department head, the applicant will proceed through the Background Check in accordance with the Department's Hiring Guidelines. If an applicant passes the Background Check, then the applicant shall proceed to the Physical Ability Test. If an applicant does not pass the Background Check, the applicant will be disqualified from any further consideration in the hiring process. (b) Physical Ability Test From the list of names of applicants who passed the background check, the Department head shall identify the fifteen (15) applicants with the highest ranking on the Commission List to proceed to the Physical Ability Test in accordance with the Department's Hiring Guidelines. If an applicant passes the Physical Ability Test, then the applicant will be considered to proceed to the Oral Interview Board. If an applicant does not pass the Physical Ability Test, the applicant will be disqualified from any further consideration in the hiring process. All applicants who have passed the Background Check and Physical Ability Test shall proceed to the next step in the process. If less than three (3) applicants pass the Background Check and Physical Ability Test, the Department head shall identify the next fifteen (15) applicants with the highest ranking on the Commission List (or those remaining on the Commission List if less than fifteen (15)) to proceed to the Physical Ability Test in accordance with the Department's Hiring Guidelines. (c) Selection of Candidates To Proceed to Oral Interview Board From the list of names of applicants who passed the Physical Ability Test, those applicants shall proceed to the next step in the process. In the event those applicant names are exhausted after the completion of the Oral Interview Board and Chief s Interview, then the Department head shall proceed under section 4(b) of this article to identify the next fifteen (15) applicants with the highest ranking on the Commission List to proceed to the Physical Ability Test in accordance with the Department's Hiring Guidelines. E Section 5. Oral Interview Board (a) Oral Interview Board The Department head shall establish an Oral Interview Board made up of four (4) board members with four (4) alternate board members. Three (3) of those board members and three (3) of the alternate board members shall be Firefighters from the Department. One (1) of those board members and one (1) of the alternate board members shall be a citizen member from the city of Denton chosen by the Department head. It is understood that all board members and alternate board members of the Oral Interview Board will receive appropriate training to conduct interviews. (b) Interview The Oral Interview Board will interview eligible applicants determined by the preceding steps in this article. Each member of the Oral Interview Board will assign an applicant a score from zero (0) to one hundred (100) points. The average of those four (4) scores will be calculated and will be the final Oral Interview Board score for each eligible applicant. If an applicant obtains a final Oral Interview Board score of seventy (70) points or more, an applicant will proceed to the Chief s Interview. If an applicant does not pass with a score of seventy (70) points or more, the applicant will be disqualified from any further consideration in the hiring process. Section 6. Chiefs Interview The Fire Chief will interview eligible applicants determined by the preceding steps in this article. The Fire Chief shall invite the Deputy Fire Chief and /or one or more Battalion Chiefs) to attend the Fire Chiefs Interview for all eligible applicants. The Chief will assign an applicant a score from zero (0) to one hundred (100) points. Any input from the Deputy Fire Chief or Battalion Chief will be included in the Chief s score. This score will be the final Chief s Interview score for each eligible applicant. If an applicant does not pass with a score of seventy (70) points or more, the applicant will be disqualified from any further consideration in this hiring process. Section 7. Eligibility List The overall score to be placed on the eligibility list for each eligible applicant shall be computed by taking the applicant's final Oral Interview Board score and multiply the score by .70 to the account for seventy percent (70 %) of the applicant's final overall score; and adding the applicant's final Chief s Interview score and multiply that score by .30 to account for thirty percent (30 %) of the applicant's final overall score (see below). (4 Oral Interview Board Scores divided by 4 = final Oral Interview Board Score) x 70% (final Chief s Interview score) x 30% applicant's final overall score 15 When a vacancy occurs, the Department head shall appoint the eligible suitable applicant having the highest final overall score on the eligibility list unless the Department head has a valid reason for not appointing the person. Each hiring eligibility list remains in existence for one (1) year after the written examination unless exhausted. All applicants may be subject to a polygraph examination at the Department head's discretion. Section 8. Effect of an Eligibility List Currently In Existence and Eligibility List Created Under this Agreement A hiring eligibility list in existence at the time of the adoption of this Agreement shall continue in effect until January 10, 2016, unless exhausted. Any hiring eligibility list created under this article will take effect upon the expiration of any applicable pre - existing list. Section 9. Probationary period Unless already certified as both a firefighter by the Texas Commission on Fire Protection and a paramedic by the Texas Department of State Health Services, a person appointed to a beginning position in the Department must serve a probationary period of up to eighteen (18) months beginning on that person's date of employment as a Fire Fighter, or trainee. A person appointed to a beginning position in the Department who is certified as both a fire fighter and a paramedic shall serve a probationary period of twelve (12) months. Section 10. Disqualification In the event an applicant is disqualified at any point in the hiring process, the Department head shall clearly set forth in writing the good and sufficient reason why a person was disqualified. Section 11. Statutory Override This article supercedes the following sections of the Texas Local Government Code to the extent the article may be in conflict with any of these sections: section 143.025(a) to account for an Oral Interview Board and Chiefs Interview only to be administered to certain applicants that meet the hiring process criteria under the rules implemented in accordance with this article and to establish the eligibility list based on the Oral Interview Board and Chiefs Interview as outlined in this article; section 143.025(b) to base the eligibility list on the Oral Interview Board and Chiefs Interview final overall score as outlined in this article; sections 143.025(c), 143.025(d) and 143.025(e) to provide for the Oral Interview Board and Chiefs Interview to interview applicants outside the presence of other applicants and at different times; section 143.025(h) to extend the effective date of the eligibility list from examination date to examination date; section 143.025(1) to provide for an Oral Interview Board and Chiefs Interview in the grading process and for establishment of an eligibility list as outlined in this article; sections 143.026(a), 143.026(b), 143.026(c) and 143.026(d) to allow the creation of various lists in the hiring process as outlined in this article, to allow for appointment and disqualification by the Department head, to account for the Oral Interview Board and Chiefs Interview final overall score as a basis for the applicant's selection, and to eliminate the requirement of filing reasons of a pass over with the commission; and section 143.027 regarding probationary period. This article further preempts, to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the Department head or head of the City or by a division or agent of City, such as the commission. 17 ARTICLE 5 PROMOTIONS Section 1. Intent In adopting this article, the parties agreed to implement changes to the promotional process for the Department by establishing pre - requisites that qualify a candidate to take a promotional written examination. The parties believe that establishing pre- requisites for promotional written examinations will improve the promotional process and will provide promotional candidates a fair opportunity to meet pre- requisites that serve as additional good indicators that they will perform well in the positions to which they seek to be promoted. This article includes the positions addressed in section 3 of Article 2. Section 2. Definitions (a) In this article "written examination" means the written examination provided for promotions under Chapter 143 of the Texas Local Government Code. (b) In this article, "pre- requisites" means the minimum qualifications and conditions required of candidates for eligibility to take a Chapter 143 written examination for promotion within the Department. Section 3. Role of Commission Any Local Rules that may be adopted by the commission shall be in conformity with the provisions of this article. Section 4. Minimum Qualifications (a) For the promotion to the rank of Fire Driver, the Fire Driver pre- requisites shall require the candidate to serve at least three years in the classification of Fire Fighter, hold an active certification by the Texas Commission on Fire Protection as a Driver /Operator, hold current certification by the Texas Department of State health Services as a Paramedic and successful completion of an annual Driver Skills Test. (i) In order to be eligible to take the promotional examination for the Fire Driver classification, a newly classified employee in the Prevention Division is exempt from the certification requirements of Driver /Operator and Paramedic, and is exempt from the successful completion of an annual Driver Skills Test included above. (b) For promotion to the ranks of Fire Captain and Fire Battalion Chief, (i) The Fire Captain and Fire Battalion Chief pre - requisites shall require the candidate to serve at least two (2) years in the position in the classification that is immediately below. BEV (ii) Effective January 1, 2017, the Captain and Battalion Chief pre- requisites: (a) shall require the candidate to hold an active certification by the Texas Commission on Fire Protection as a Fire Officer I1; and (b) shall require the candidate to serve at least two years in the position in the classification that is immediately below. (iii) A newly classified employee in the Prevention Division is exempt from the requirements under subsection(ii)(a) above in order to be eligible to take the promotional examination for Fire Captain and Fire Battalion Chief classifications. Section 5. Evaluation The joint Labor /Management Committee will establish a system within the joint Labor /Management Committee to evaluate the promotional process and the pre - requisites established. Section 6. Date of Written Examinations and Rescheduling (a) Fire Battalion Chief Written examinations for the rank of Fire Battalion Chief will be held on the second Tuesday of January. The Fire Battalion Chief promotional list shall remain in effect until the date of the next promotional examination unless otherwise exhausted. Effective January 1, 2017, the written examination for Fire Battalion Chief will be held on the first Tuesday in March. (b) Fire Captain Written examinations for the rank of Fire Captain will be held on the second Tuesday of February. The Fire Captain promotional list shall remain in effect until the date of the next promotional examination in 2017 unless otherwise exhausted. Effective January 1, 2017, the written examination for Fire Captain will be held on the first Wednesday in March. (c) Fire Driver Written examinations for the rank of Fire Driver will be held on the first Tuesday of March. Effective January 1, 2017, the written examination for Fire Driver will be held on the first Thursday in March. (d) Rescheduling of Written Examinations The actual date of the examinations may be rescheduled after the examination dates in this section in the event of circumstances beyond the City's control including but not limited to IM extraordinary weather events or other emergencies. In the event of a rescheduling, no further notice of the examination is required other than the new time, place and date of the rescheduled examinations, notwithstanding section 143.029 of the Texas Local Government Code. Meeting the scheduled examination dates outlined or provided for in this section, or rescheduling those dates pursuant to this subsection, precludes any liability for back pay or retroactive seniority for that position or any lower position. Section 7. Scope of Appeals Appeals to the commission under section 143.034 of the Texas Local Government Code shall be limited to quoted source material attributable to the referenced examination question. Section S. Eligibility List When a vacancy occurs in a nonentry position that is not appointed by the Department head, the director, on request by the Department head, shall certify to the Department head the names of the eligibility list. This section of the article shall supersede Section 143.036(b) of the Local Government Code to the extent that Section requires the certification of persons on the eligibility list to be certified three (3) persons at a time. This section of the article is intended to omit the administrative process of providing three (3) names at a time and instead provide a process where all names of the persons on the eligibility list are certified and provided at once when filling a vacancy for a nonentry position in the Fire Department. Section 9. Statutory Override This article supercedes the following sections of the Texas Local Government Code: section 143.029 to override posting rules in the event an examination is rescheduled; sections 143.030(b) and (c) to supplant the statutory pre- requisites for promotions; section 143.030(d), sections 143.032(a), 143.032(b), 143.032(c), and 143.032(d) to provide for pre - requisites for the promotional process to the extent any of those pre - requisites may be deemed to conflict with these statutory sections; section 143.034 to limit the scope of appeals; section 143.036(a) to provide for the promotional process in accordance with this article and to the extent any provisions of this article may be deemed to conflict with this statutory section; and 143.036(h) for the promotional eligibility list to remain in existence until the date of the next promotional examination for that rank. This article further preempts, to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the Department head or head of the City or by a division or agent of the City, such as the commission. 20 ARTICLE 6 APPOINTED POSITIONS FOR ASSISTANT CHIEF Up to two (2) Assistant Chief positions may be filled by appointment by the Department head pursuant to the process provided for in Section 143.014(e) of the Texas Local Government Code. This article supercedes Section 143.014(c). Newly classified employees are ineligible to be considered for this appointment. 21 ARTICLE 7 NEPOTISM Section 1. Purpose The Denton Fire Department through employment, promotion, or transfer of relatives, will not contribute to the creation of any inequity or impropriety among its members. The purpose of this procedure is to communicate a Department policy regarding employment and supervisory relationships among family members. Section 2. Definition and Scope of Application During the term of this Agreement, the parties agree that the definition of "relative" shall meet the same definition of "familial relationship" provided by City Policy Reference Number 102.08 dated September 3, 2002 attached as Exhibit B, and agree this article applies to a Firefighter as defined in this Agreement or a newly classified employee in Article 2. Section 3. Appointment of Relatives to City Employment Members of the Department assigned to positions that make appointments, conduct interviews, promote, etc. cannot participate and must disqualify themselves if a relative is a candidate. In addition, members shall notify the Fire Chief in writing to disclose the relationship or interest involved. Section 4. Immediate Supervisory Relationships Members shall not directly supervise a relative. Direct or immediate supervision includes participation in a hiring decision, promotional decision, disciplinary decision, or preparing or influencing a performance evaluation of a relative. In a Battalion, relatives shall not be assigned to the same shift. Temporary shift swaps or overtime assignments are permitted, provided there is no immediate supervisory relationship. At the discretion of the Incident Commander, the prohibition on the immediate supervisory relationship of relatives during emergency operations is put aside. Irrespective of the immediate supervisory relationship, members shall not participate in a decision involving the financial interest of a relative, including hiring, promotion, discipline and pay increases. In addition, members shall not attempt to influence others in a financial interest of a relative. Section 5. Changes or Amendments during Term of Agreement It is understood that during the term of this Agreement, if either party requests in writing a meeting concerning changes or amendments to the definition of the term "relative," the parties shall meet within ten calendar days to discuss such changes or amendments. Changes made to section 2 are not subject to ratification by the Association or the City Council. 22 ARTICLE 8 SAFETY AND HEALTH Section 1. Intent and Annual Physicals It is the desire of the City and the Association to maintain the highest standards of safety and health in the Fire Department. The City and Association agree to use NFPA 1583, NFPA 1582 and the 1AFF /IAFC Joint Wellness Fitness Initiative as a guideline for the implementation of policy regarding health and safety issues in the Department over time. The parties agree that the Wellness Committee will continue to work on implementing the requirements of rule 435.21 of the Texas Commission on Fire Protection. To that end, each Firefighter and newly classified employee in the Prevention Division shall undergo a physical each fiscal year. Physicals shall be conducted by an entity recommended by the Department Wellness Committee, approved by the joint Labor Management Committee, and approved by the Department head. Section 2. Optional Tiered Performance Incentive Pay The intent of this optional incentive pay program is not to create an entitlement but to further improve the health and wellness of the Department and provide incentive pay for the top two ratings of "Superior" and "Excellent" and not the ratings of "Good" or below. A prerequisite for the incentive pay requires the Firefighter and newly classified employee to participate in the City's annual Health Risk Assessment (blood work report follow up). (A) Superior Rating. Effective January 1, 2016, a Firefighter and newly classified employee who receives a "Superior" rating on his /her annual physical which includes a combination of the medical assessment and fitness assessment shall receive a one -time lump -sum payment of $600 for that rating. The lump -sum payment shall be paid the first pay period in the month of November following the receipt of the "Superior" rating. (B) Excellent Rating. Effective January 1, 2016, a Firefighter and newly classified employee who receives an "Excellent" rating on his /her annual physical which includes a combination of the medical assessment and fitness assessment shall receive a one -time lump -sum payment of four hundred dollars ($400) for that rating. The lump -sum payment shall be paid the first pay period in the month of November following the receipt of the "Excellent" rating. Section 3. Statutory Override Sections 1 and 2 of this article supersede sections 143.041(c)(6) and 143.044(d) of the Texas Local Government Code to provide for fitness incentive pay as outlined above. 23 ARTICLE 9 DISCIPLINE Section 1. Written Statement If the Department head suspends a Firefighter or newly classified employee, a copy of the statement giving the reasons for the suspension shall immediately be delivered in person to the suspended Firefighter or newly classified employee and filed with the director within one hundred and twenty (120) hours. This statement shall only be delivered to the commission if the Firefighter or newly classified employee chooses to appeal to the commission under section 143.052(d). In instances where the Firefighter or newly classified employee chooses to appeal to the commission, the written statement will be forwarded to the commission within one hundred and twenty (120) hours from the time the Firefighter or newly classified employee notifies the director in writing of his /her choice to appeal to the commission. Section 2. Time to Investigate Charges In the original written statement and charges and in any disciplinary suspension hearing conducted under this Agreement or Chapter 143, the Department head shall have one hundred and eighty (180) days to investigate and take disciplinary action from the date the Department head discovers an act, provided that the Department head may not complain of or take disciplinary action for an act (not related to criminal activity) that occurred more than one (1) year before the date of disciplinary action. Section 3. Statutory Override Section 1 of the article supercedes section 143.052(c) of the Texas Local Government Code requiring a statement to be forwarded to the commission within one hundred and twenty (120) hours of the suspension. Section 1 also supercedes section 143.052(e) of the Texas Local Government Code only in that, in instances where the Firefighter or newly classified employee does not choose to appeal to the commission, the written statement will not be forwarded to the commission. Section 2 of the article shall supercede the first sentence of section 143.052(h) of the Texas Local Government Code. Nothing in this article affects the remainder of section 143.052(h) or affects section 143.056 of the Texas Local Government Code. M ARTTCIN 10 COMPENSATION Section 1. Base Pay Philosophy It is the desire of the City to recognize that the employees of the City of Denton Fire Department perform their responsibilities at a level that is above the typical metroplex fire agency. As such, it is the desire of the City to maintain a pay philosophy that exceeds the average metroplex pay for Firefighters as reflected in Section 3(a). The parties recognize the financial limitations facing the City due to this challenging economic period. Sections 3(c) -(d) of this article reflect the parties' intent to address the current economic period and are not intended to serve as precedent in future agreements. Section 2. Comparator Cities Arlington, Carrollton, Fort Worth, Frisco, Garland, Grand Prairie, Irving, Lewisville, McKinney, Mesquite, Plano and Richardson shall continue to be used as comparator cities for the salary survey to be conducted each year of this contract. The City and Association shall convene a Labor /Management Pay Subcommittee to perform a survey in May of each year of the Agreement upon which consideration for the proposed base salary adjustments for the following fiscal years shall be calculated. Based on the survey information of the comparator cities, the average of base pay for minimums and maximums for each rank shall be calculated and proposed for approval as a part of the budget process. Proposed increases may be limited to the average base pay percentage increase for non -civil service City employees approved by the City Council in the annual budget. Section 3. Compensation Proposal Calculation (a) Compensation for the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief shall be proposed on the basis of the following calculations: The recommended base pay scale shall continue to be calculated by the salary survey conducted in May of each year of the Agreement, utilizing the average minimum and maximum base salary for each rank of the twelve (12) comparator cities as specified in this contract, plus five percent (5 %). The recommendation will propose that the minimum and maximum base pay for each rank, will receive an increase (should an increase be required) to match the survey average plus five percent (5 %). The steps between the minimum and maximum steps will be recalculated to maintain equal separation between any new minimum and maximum steps. (i) In order to continue to address promotional compression in pay between the Fire Fighter and Fire Driver ranks first set forth in the parties' April 17, 2015 Letter of Agreement (Exhibit "C "), the recommended base pay for Fire Driver, step A shall 25 be proposed to be equivalent to a minimum of three percent (3 %) increase of step F for the Fire Fighter rank. (b) The salary subcommittee shall prepare a report to the City Manager to be forwarded to the City Council at the time the proposed budget is submitted to the City Council that will show the cost of implementing the pay increase as calculated above compared to the cost to pay Firefighters the same percentage increase as non -civil service employees. (c) Increases recommended in subsection 3(a) may be limited to the average base pay increase budgeted for non -civil service City employees. Should the City Council approve a budget that does not include base pay increases for non -civil service employees, the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief shall not receive any base pay increase regardless of the calculated amount necessary to reach minimum and maximum rates plus five percent (5 %). (d) Should the City Council approve a budget that includes lump sum pay increases instead of an increase to base pay to non -civil service City employees, the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief will receive a lump sum payment instead of an increase for non -civil service employees. Section 4. Funding Obligations Depending upon the financial forecasts, the City may implement the compensation recommendations in section 3 between the first pay period of the fiscal year and the first pay period of April of each fiscal year. The City presently intends to continue this Agreement each fiscal year through its term, to pay all payments due, and to fully and promptly perform the obligations of the City under this Agreement. All obligations of the City shall be paid only out of current revenues or any other funds lawfully available for those obligations, including tax revenues reasonably anticipated at equal or higher total gross amounts as were collected in each preceding fiscal year respective to each year of the Agreement, and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. Following the adoption of the annual budget that may establish a pay increase, should the City Council find it fiscally necessary to reduce base pay for non -civil service City employees, or implement other cost saving measures such as mandatory furloughs or a reduction -in- force, the increases recommended under this Article may be reduced accordingly. P ARTICLE 11 CERTIFICATION AND EDUCATION PAYS Section 1. Aircraft Rescue Firefighting Certification Each Firefighter eligible for Aircraft Rescue Firefighting ( "ARFF ") certification pay shall be granted certification pay commencing the first pay period after: (1) submission of the proof of eligibility and, (2) verification by the Department head. The monthly rate shall be prorated accordingly back to the first day of the pay period following the date of certification if eligibility occurs during a fiscal year. Effective the first pay period of fiscal year 2015 -2016, ARFF certification pay shall be six hundred dollars ($600.00) annualized rate, fifty dollars ($50.00) monthly rate. The total number of eligible Firefighters shall be determined by the Department head. Section 2. Certification or Education Pay Each Firefighter or newly classified employee eligible for Certification or Education pay shall be granted either certification or education pay commencing the first pay period after: (1) submission of the proof of eligibility and, (2) verification by the Department head. Education eligibility requires successfully completed courses at an accredited college or university. The monthly rate shall be prorated accordingly back to the first day of the pay period following the date of certification or transcript date if eligibility occurs during a fiscal year. (a) Fiscal Year 2015 -2016: Certification: Intermediate —Fire $840.00 annualized rate $70.00 monthly rate Advanced —Fire $1,560.00 annualized rate $130.00 monthly rate Master —Fire $2,280.00 annualized rate $190.00 monthly rate Education: 30 hours toward degree $480.00 annualized rate $40.00 monthly rate Associates Degree $840.00 annualized rate $70.00 monthly rate Bachelor's Degree $1,560.00 annualized rate $130.00 monthly rate Master's Degree $2,280.00 annualized rate $190.00 monthly rate i►•U/ (b) Fiscal Year 2016 -2017: Each certification and education monthly rate shall increase by $10.00. (c) Fiscal Year 2017 -2018: Each certification and education monthly rate shall increase by $10.00. (d) Certification and education pays are not cumulative. The Firefighter shall receive the higher of the amounts. Section 3. Statutory Override Sections 1 and 2 of this article supercede sections 143.041(c)(2), 143.041(C)(3), 143.041(c)(4), 143.042 and 143.044(b) and 143.044(c) of the Texas Local Government Code to provide for the pay as outlined above. ITIV ARTICLE 12 PENSION Each successive year of the Agreement the City shall continue to apply the same contribution level, including any increase or decrease, toward the Firemen's Retirement and Relief Fund to match the City's actual contribution rate to the Texas Municipal Retirement System for that calendar year. 29 ARTICLE 13 DEFERRED COMPENSATION PLAN Section 1. Optional Retirement Program The City will continue to make available the IAFF Financial Corporation 457 Plan ( "IAFF Plan ") as one of the options that a civil service employee in the Department may elect. A civil service employee in the Department electing to participate in the IAFF Plan assumes full responsibility for tax or penalty provisions as applicable under federal, state or local law. 30 ARTICLE 14 ASSOCIATION BUSINESS LEAVE Section 1. Association Business Leave Authorized Association Representatives who are on duty shall be permitted to have paid time off, designated as Association Business Leave (ABL), to conduct Association business under the conditions specified in this article provided that the ABL does not impact the mission of the Department including operations, staffing, training or other scheduled Department functions. Section 2. Permitted Uses of ABL ABL may be used for activities that directly support the mission of the Department or the Association, or are deemed mutually beneficial to both the Department and Association, but do not otherwise violate the specific terms of this article. It is specifically understood and agreed that no paid time off shall be utilized for political lobbying at the local, state, or national level. The Department head will make reasonable scheduling adjustments and accommodations pursuant to ABL requests to allow authorized Association Representatives to participate on behalf of the Association to attend scheduled Meet and Confer negotiating sessions, subcommittee meetings, and joint Labor /Management Committee sessions between the Association and the City. The Association President or his /her designee may be granted reasonable time off pursuant to an ABL request during working hours to investigate and process grievances, to attend Civil Service, Arbitration, or Court Hearings and to represent Association employees in disciplinary action provided that the President or his /her designee shall request permission from his Battalion Chief. Whenever possible, notification is to be made prior to or at the beginning of a shift. The officers of the Association may be granted ABL for membership meetings of the Association that take place when such officers are scheduled to be on duty. This leave with pay shall be limited to one (1) meeting per month not to exceed two (2) hours per meeting. ABL may be granted to three (3) Association representatives to attend the TSAFF Convention and to two (2) Association members to attend the IAFF convention, three (3) to attend the TSAFF Leadership Conference, two (2) to attend the TSAFF Service Training Class, two (2) to attend the IAFF Affiliate Leadership Training Seminar, and two (2) to attend the IAFF Redmond Symposium. The Association shall endeavor to conduct all necessary Association business during the non- working time to the greatest number of Firefighters required for such business to the greatest extent possible. 31 Section 3. Written Request Required All requests for ABL must be in writing and submitted at least three (3) days in advance to Fire Administration but requests should be made as soon as possible. To be considered timely, the request must be received in person, by fax, or by e -mail by noon of the day notice is due. Section 4. Approval of ABL Requests The Department head or the Department head's designee will review timely ABL requests to determine approval based on operations, staffing, training or other scheduled Department functions. 32 ARTICLE 15 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE Section 1. Scope of Procedure The City and Association recognize that from time to time disagreements between the Parties may arise as to the application or interpretation of this Agreement. The Parties therefore agree that the purpose of this dispute resolution procedure is to provide a just and equitable method for resolving disagreements between the Parties regarding the application or interpretation of the provisions of this Agreement. Only matters involving the interpretation, application, or alleged violations of a specified provision of this Meet and Confer Agreement shall be subject to this dispute resolution procedure. Any matters for which the right of appeal or review is afforded by Chapter 143 of the Texas Local Government Code are excluded from the scope of this article. Section 2. Application of Procedure If the Association has a dispute with the City regarding this Agreement, the Association Executive Board, or Association's President's designee, should reduce the dispute to writing and deliver it to the City's designated representative, who shall be its Department head or designee. A Firefighter or newly classified employee under Article 2 in the Department may not file a request for contract dispute resolution directly with the City; all resolution requests must be approved and come from the Association Executive Board. Each dispute shall be submitted in writing, and must include, at minimum, the following information: I . a brief statement of the dispute and the facts or events on which it is based; 2. the sections(s) of the Agreement alleged to have been violated; 3. the remedy or adjustment sought; and 4. the bargaining unit member's signature or, if filed by the Association Executive Board, the signature of the Association President or designee. Any claim or dispute by a Firefighter or newly classified employee under Article 2 or group of Firefighters or newly classified employees under Article 2 under this Agreement which includes a claim for pay or benefits for any past pay periods must be filed by the employee with the Association Executive Board within fifteen (15) business days of the date when the employee knew or reasonably should have known of the claim. Disputes by the Association Executive Board, Firefighter, or a newly classified employee under Article 2 shall proceed along the following steps: Step 1. An aggrieved Firefighter or newly classified employee under Article 2 must initiate a dispute with the Association Executive Board within fifteen (15) business days of the date upon which the Firefighter or newly classified employee knew of or should have known of the facts 33 giving rise to the dispute. A copy of notice or receipt of the dispute shall be forwarded to the Department head by the Association Executive Committee within three (3) business days of the receipt of the dispute. The Association Executive Board shall within their sole discretion determine if a dispute exists within fifteen (15) business days of receipt of the dispute. If the Association determines that no dispute exists, the grievance will be deemed denied and it shall notify the Department head in writing that no further proceedings will be necessary. If the Association Executive Board determines that the dispute is valid, it will notify the Department head of such and forward a copy of the grievance to the Department head within fifteen (15) business days after determination. Step 2. Any dispute found to be valid by the Association Executive Board shall be submitted to the Department head within fifteen (15) business days of the Step I decision. After receipt of the dispute, the Department head shall within fifteen (15) business days submit his /her response in writing to the Association Executive Board. If there is no timely reply from the Department head the grievance is deemed denied and will proceed to the next step as indicated. Step 3. If the dispute is not resolved in Step 2, the Association Executive Board may advance the dispute in writing to the City Manager or designee within fifteen (15) business days from receipt of the Step 2 decision of the Department head. The City Manager or designated representative shall review the matter and render a decision in writing to the Association Executive Board within fifteen (15) business days of the receipt of the dispute in Step 3. The City Manager or designee may, at his /her discretion, conduct a conference to further explore the merits of the dispute and to explore resolution options. Step 4. If the dispute is not resolved in either Step 2 or Step 3, either Party shall have the right to seek mediation of the dispute by requesting same in writing within fifteen (15) business days from the Department head's response or the City Manager's response. The mediation will proceed before either a mediator with the Federal Mediation and Conciliation Service or before a mutually agreed mediator. The mediation shall be held in available facilities of the City of Denton. Step 5. If the dispute is not resolved at Step 4, the Association Executive Board shall have fifteen (15) business days from the date of mediation to determine whether it will pursue the dispute under this article through arbitration. Under this step, the Association Executive Board must deliver a letter indicating its election to proceed to arbitration to the Department head and City Manager. Section 3. Arbitration Option The Parties have agreed that all disputes under this Agreement, which concern the application and interpretation of this Agreement, shall be submitted to final and binding arbitration, and the Parties exclude from this Agreement disputes involving statutory application and interpretation for rights and claims not arising under sections 142 or 143 of the Texas Local Government Code. The terms of the Agreement, and any factual issues which are determinative in applying the Agreement, shall be the sole province of the designated arbitrator, and his or her decision shall be final. However, the City will only agree to arbitration on the condition that legal issues which 34 are determinative in any contract dispute are subject to judicial review. This additional exception to the Parties' arbitration Agreement is a narrow one, as reflected by the bargaining history. This contract represents an agreement to submit disputes to arbitration within its scope, and otherwise preserves the existing jurisdiction of Texas Courts over any contract rights and claims not exclusively committed to arbitration. The Parties have agreed that questions of law, which involve either the interpretation and application of state statutes or the application of legal principles from Texas appellate court opinions (or the failure to properly apply such legal principles or opinions) to controversies under this article shall be submitted initially to arbitration, but that either party shall have a limited right of appeal from an arbitration award in the Courts solely for the purpose of reviewing disputed issues of law. No such appeal from arbitration shall include review of any factual determinations by the arbitrator, including credibility of witnesses or weight of the evidence. If an appeal from arbitration based on erroneous application of the law is not successful, the appealing Party shall bear all costs of such appeal. If a dispute is submitted to arbitration, within seven (7) business days, the Department head and /or City and the Association shall select an arbitrator by alternately striking names from the Parties' pre- determined panel of six (6) qualified neutral arbitrators. The process will be as follows: the Association shall strike the first name under this article with the first dispute brought under this article. Thereafter, the first strike shall alternate between the Parties. The panel list is attached as Exhibit "A" to this Agreement. Should any panel member subsequently refuse or be unable to continue to serve on the panel, the Parties may mutually agree to his replacement. The remaining members of the panel will continue to serve for the duration of the Agreement. The arbitration should be held at the earliest available date, but may be continued for good cause shown or upon mutual agreement. Upon written request delivered at least fourteen (14) calendar days prior to the date of the hearing, a party to the proceeding shall provide, no later than seven (7) days prior to the hearing, to the opposing party the names and addresses of witnesses expected to be called at the hearing. In the absence of good or excusable cause, the arbitrator may exclude the testimony of a witness upon the failure of a party to disclose such a witness. The parties, in writing, may request discovery from each other concerning the grievance. Should the opposing party not agree to provide the requested information within seven (7) calendar days of the request; the request shall be deemed denied. The requesting party may then apply to the arbitrator, who shall order such discovery consistent with, but not bound by, the rules of discovery in Texas civil cases. In considering the application, the arbitrator shall consider the burden and expense of producing the information, the need of the requesting party, the amount of time available prior to the hearing, and such other matters as he may deem material. In no event shall discovery be requested within thirty -five (35) calendar days prior to the hearing, unless agreed by the parties. The hearing shall be held in available facilities of the City of Denton and shall be conducted informally, without strict evidentiary or procedural rules. The conduct of the hearing shall be governed by the standard rules of the American Arbitration Association. The arbitrator shall consider and decide only the issue(s) in the dispute statement or submitted in writing by agreement of the Parties. The hearing shall be concluded as expeditiously as possible and the 35 arbitrator's written decision shall be based on a preponderance of evidence within thirty (30) days after close of the hearing, or after receipt of post- hearing briefs if applicable. Section 4. Decision Final and Binding If arbitration is selected, the Parties specifically agree that the arbitrator's authority shall be strictly limited to interpreting and applying the explicit provisions of this Agreement. The arbitrator shall not have authority to modify the Agreement or create additional provisions not included in the Agreement. The Parties agree that neither the City nor the Association shall have ex parle communications with the arbitrator concerning any matter involved in the dispute submitted to the arbitrator. Each Party shall be responsible for its own expenses in preparing for and representing itself at arbitration, but the fees and expenses of the arbitrator shall be borne equally by the Parties. The written decision of the arbitrator shall be final and binding on both Parties and may not be appealed by either Party, except for any decision procured by fraud or collusion, or which exceeds the arbitrator's jurisdiction or which is based on legal conclusions or interpretations which are clearly contrary to existing law. Section 5. Mutual Extension All deadlines within this article may be extended by mutual agreement by the Parties. Section 6. Grievances of Non - Association Members Grievances of Non- Association members must follow the same procedure outlined by this article. However, should the grievance of a Non - Association member require that Association resources be used, the Non - Association member will be required to pay all expenses incurred while pursuing final disposition of their grievance. These shall include cost for payment of Arbitrator fees, counsel fees and any other fees directly related to the grievance. All disciplinary appeals shall follow the procedure as outlined in chapter 143 of the Local Government Code. 36 ARTICLE 16 TERM OF AGREEMENT This Agreement shall have an effective date of October 1, 2015, and shall remain in full force and effect through September 30, 2019 and may be mutually extended by both Parties. 37 ARTICLE 17 SAVINGS CLAUSE, PREEMPTION PROVISION, AND COMPLETE AGREEMENT CLAUSE Section 1. Savings Clause If any provision of this Agreement is rendered invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this Agreement, which shall continue to be in full force and effect for the duration of the Agreement, and the Parties shall meet as soon as possible to agree on a substitute provision. However, if the Parties are unable to agree within thirty (30) days following commencement of the initial meeting, then the matter shall be postponed until Meet and Confer negotiations are resumed. This deadline may be extended by mutual agreement by the Parties. To this end, the provisions of this Agreement are severable. This Agreement may be amended by written mutual agreement. Section 2. Preemption Provision The provisions of this Agreement shall supersede the provisions of any statute, Executive Order, local ordinance, or rule, which are in conflict herewith, including for example and not by way of limitation, the contrary provisions of Chapter 143; Ordinances of the City of Denton, Texas; and Local Rules and Regulations of the Firefighter's Civil Service Commission for the City of Denton, Texas. This preemption provision is authorized by section 142.117 of the Texas Local Government Code, and the Parties have expressly agreed that each and every provision involving or creating such a conflict shall have the effect of superseding the statutory standard or result which would otherwise obtain, in the absence of this Agreement. This provision is of the essence to the bargain and Agreement, which has been reached. Section 3. Complete Agreement Clause The Parties agree that each has had full and unrestricted right and opportunity to make, advance and discuss all matters properly within the meet and confer process. This Agreement constitutes the full and complete Agreement of the Parties and there are no others, oral or written, except as specified in this Agreement. 38 SIGNATURE & EXECUTION PAGE THE FOREGOING INSTRUMENT HAS BEEN DULY NEGOTIATED, REVIEWED, AND APPROVED BY EACH OF THE SIGNATORIES INDICATED BELOW: THE CITY OF DENTON, TEXAS (Approved by Denton City Council on of , 2015) IC GEORGE C. CAMPBELL CITY MANAGER JENNIFER WALTERS CITY SECRETARY APPROVED: M. ROBIN PAULSGROVE FIRE CHIEF Dated: Dated: Dated: By: Dated• S; CIZ-s� 4; � Le– Z— �5 / y ITA BURGESS a- ---CITY ATTORNEY THE DENTON POLICE OFFICERS ASSOCIATION (Ratified by DPOA Membership on of By: Dated: JASON BALLARD PRESIDENT DENTON FIRE FIGHTERS ASSOCIATION By: Dated: MIKE HOLDSCLAW SECRETARY DENTON FIRE FIGHTERS ASSOCIATION 39 2015) Norman Bennett Donald Goodman John Barnard Mark Sherman John Allman Louis Berman Wolitz EXHIBIT A PANEL OF ARBITRATORS M EXHIBIT B NEPOTISM POLICY POLICYtADMINISTRATIVE PROCEDUREJADMINISTRATIVE DIRECTIV SECTION: HUMAN RESOURCES REFERENCE NUMBER: 102,08 SUBJECT: EMPLOYEE APPOINTMENT INITIAL EFFECTIVE BATE: 10 -31 -84 TITLE: : NEPO`T'ISM LAST REVISION DATE: 09003/2002 POLICY STATFMENT: The City of Denton shalt not contribute through employment, in -house advancement or transfer process, to the creation of any inequity or impropriety among its employees. City Charter, Section 14.05 states: "No person shall be appointed to an office or be employed by the City of Denton who is related to any member of the City Council within the second degree ofaf mity° or the third degree of consanguinity, and this shall apply to heads of deparments in their respective departments." In a department comprised of more than one operational division, an applicant related within the second degree of affinity or within the third degree of consanguinity to a City employee employed in that operational division will not be eligible for employment within the same division. An applicant f'or a job in a department consisting of one operational division who is related within the second degree of affinity and the third degree ofconsanguinity to an employee of the department will not be eligible for employment in that department, An applicant for a temporary or seasonal position within an operational division of the City may be eligible for the position, without regards to kinship ofothcr employees within that operational division, as long as the period of employment does not exceed 120 days within a tvvclve month period. An applicant for a job in an operational division that reports to or serves as staff' liaison to a City board or commission is ineligible for employment in that division if the applicant is related within the second degree of affinity or the third degree of consanguinity to any member of the board. ADMINISTRATIVE PROCEDURE',: I. KINSHIP For the purposes of this policy, the follovving small constitute familial relationships. A. Consanguinity (Blood Relationships) l st I7en.;rtic Mother Father Son Daaghtcr 'Gil POLICYIADMINISTRATIVE PROCEDUREIADMINISTRAT(VE TITLE: NEPOTISM 2nd Dearee Brother Sister Grandfather Grandmother Grandson Granddaughter 3rd Degree Great grandson Great granddaughter Great grandfather Great grandmother Uncle (your mothers or father's brother) Aunt (your mother's or father's sister) Nephew Cyour brother's or sister's son) Niece (your bmthees or sister's daughter) B, Affinity (Marriage Relationships) I g- Degree Spouse Step-chi ldrcn Mother-in-law Father-in-law Son-in-law Daughter-in-law 2nd Dlxree Brother-in-law Sister-in-law Grandfather -in -taw Grandmother-in-law Grandson-in-law Gra, qddaughter-in-law 42 PAGE 2 OF 4 REFERENCE NUMBER: 102.08 PAGE 3 OF 4 TIVI TITLE: NEPOTISM ( REFERENCE. NUMBER: ! 102.08 li. "Qperstionat divisions" within a department will be detennined by that department's organi7aiionai chart and are not necessarily equivalent to a department's budgetary divisions. Ill_ An applicant shall be required to list all relatives related within the third degree of consanguinity and within the second degree of affinity who are employed by the City or serving on a board or commission on his or her application for employment. Failure of an applicant to list all applicable relatives employed the City or serving on a beard or commission shall result in the disqualification ofthe applicant for which he or she has applied. iV. No current employee may be appointed or promoted to any supervisor's span of responsibility who is related, within the second degree of affinity or the third degrees of consanguinity to that supervisor. V. In the event of promotion or marriage between two City employees, the following shall apply: A. If the affected employees are employed in different departments or different operational divisions of a department. those employees may remain with the City and their job positions will remain unaffected by the marriage or promotion. B. At the discretion of the department director, married employees may remain and urork in the saute division or department provided that one is not directly reportinrg to the other and neither is in the same chain of command. 'fhe affected employees may report to the same director. If however, the affected employees are unable to meet these criteria, then one must seek a transfer to another division of that department or another deparUnenta, This decision shall be made and agreed upon by those employees involved. An employee seeking a transfer will be considered for any City position for which he is qualified but cannot remain in the existing division for more than six (b) months. Qualifications being equal, the transferring employee shall be given preferential treatment,. If a suitable position cannot be found by the end ofthis period, one of the two must terminate or be subject to reassignment if another position is available. Reassignment is subject to the discretion of the City Manager and the individual's skills and qualifications. VI. BOARDS AND COMMISSIONS If employee is already employed with the City of Denton, then the employee is not required to transfer or resign upon the appointment of a relative to a hard or commission. However, an applicant of a relative of an existing board memlk-r or member of a commission is not eligible for employment in the operational division. which serves as the liaison to the board or commission, \ail. If the City institutes a reorganization that changes opLrational divisional or departmental boundaries, and an employee would then be working within the same operational division as, nr supervising, a member of hisnccr immediate family, one of the affected employees must transfer to another operational division. The six (6) month period to arranges transfer may by extended in 30- 43 PAGE 4 OF 4 1OLICY/ADMINISTRATIVE PROCEDUREIADMINISTRATIVE DIRECTIVE (Conqa!!�. TITLE: NEPOTISM REFERENCE NUMBER: 1 102.08 day increments with the approval orthi-, City Manner, the department director, and the supervisor. The extension shall not cNcccd 90 calendar days. If a transler is not possible, one of the employees will be subject to mandatory reassignment. If this is not possible, one of the employees will be subject to dismissal. The determination of which employee shall be reassigned or terminated will be based upon the business interest of the operational division. For purposes of definition, immediate family applies to the second degree of consanguinity and to the second degree of affinity, Vill. Temporary and seasonal employees of the City or Denton shall be partially exempt in that two or more members of the same family ANbo are related within the second degree of affinity and third degree of consanguinity may be employed within the same operational division as long as the following apply: A. No more than one of the related employ-ees may be a regular (non - temporary and non- seasonal) employee of the operational division. B. The related ernployeeg may not be in a direct reporting relationship with each other- a second level report, or responsible in any manner far the scheduling discipline, or work assignments for each other; and, C. The temporary and smsortal employee,- may not be employed by the operational division for a period tasting longer than 120 calendar days within a t-welve-month period. W City of Denton ' 'AWN99M Chil Service Fire Pqy Plan DEN TON FY2014,,2015 (Effectit-e April 25, 2(115) Revised: 4,115,12015 Step increase, are based on aim versary date- Time- in Rank. " Shift Rate Calculaton- Wd)i + (b*c4d4e� = aurtualized rate a = 2929 mortal hours worked mcludmg F 5 overtime hours (120 actual hours worked * IS pay c ycle3 + 96 actual hours worked * 8 pay q cles). The City adopted a 14 day woi k peno& Per FLS-A, the mwmmmu hours worled before o >-e tme is b =Number ofpay cycles oiertme is worked (18) c = Number of overtime hours per 120 hour pay cycle (14) d = hoiffly rate e = overtime rate (1 "2) 4117,001 S mo Page I of 2 I;;;;;; TypeS At Tone of Promofion AanualizedRate S77,202-07 r$79,7651.75 $82, a5g3 00010 Re Driver Monthly $6,433.51 $6,6148.81 So $6,8C-4.12 -' I 77 Shift Hourly $25-279 $26�125 $26971 40-Hour Hourly $37116 $3U59 $ 1 $39-6111 Annualized Rate $93,718.10 $97,761-52 $101,8D2.04 IC0010 Fire CapL-,ir, monthly $7,809.84 $8.145.80 $8,483.513 Shift Hourly $30.687 $32-011 $33.334 40-Hour Hourly $45-057 $47.001 $48-943 Annualized Rate S1013.694-54 $111.904.87 $117,114.711 ID0010 Fire sattallon Monthly $8,891,21 $9,325.39 $9,7559.57 Chief- Shift Hourly $34.936 $36.642 $38.348 Operat, ns 40-Hour Hourly $5t295 $53-800 $56.305 1 Step increase, are based on aim versary date- Time- in Rank. " Shift Rate Calculaton- Wd)i + (b*c4d4e� = aurtualized rate a = 2929 mortal hours worked mcludmg F 5 overtime hours (120 actual hours worked * IS pay c ycle3 + 96 actual hours worked * 8 pay q cles). The City adopted a 14 day woi k peno& Per FLS-A, the mwmmmu hours worled before o >-e tme is b =Number ofpay cycles oiertme is worked (18) c = Number of overtime hours per 120 hour pay cycle (14) d = hoiffly rate e = overtime rate (1 "2) 4117,001 S mo Page I of 2 I— City of Denton JAL Civil Service Fire Pay Plan DENT ON FY 201-112015 (Effective April 2 5, 2015) Revised: 411512015 Annualized ?mate $77,202.07 S79,785.75 $82,389.43 MOUIly $6,433.51 x5,648.81 $6,8434,12 Specia §ist It 40-Hour Hourly $37-116 $38.358 $39.801 Step increases are based on annivei-m- date. Time in Rank. Note, Fire Marshal andDepu4, Fire Odef are nova - classified posidom. .S'alaiyforeacitpositfotist-itibe determined bly the Fire Chief. 411712015 Poffe, 2 of IIVA A=ualizedP2te $93,718.10 $97,761,59 $101.802.04 IG0050 Fire Nlonlhly $8,89121 59,32539 $9,759.57 100045 Protecton monthly $7,809.84 s9.148.80 $8,483-50 Specialist Ao-Hour Hourly $45.057 $47.001 $48.943 Step increases are based on annivei-m- date. Time in Rank. Note, Fire Marshal andDepu4, Fire Odef are nova - classified posidom. .S'alaiyforeacitpositfotist-itibe determined bly the Fire Chief. 411712015 Poffe, 2 of IIVA Anmiahzed FUte $106,694.54 $111904.67 $117,114.79 IG0050 Emergency Mianagement Nlonlhly $8,89121 59,32539 $9,759.57 I001165 Program Mgr- 40-Hour Hour-h- $51.296 $53.800 $56.305 Step increases are based on annivei-m- date. Time in Rank. Note, Fire Marshal andDepu4, Fire Odef are nova - classified posidom. .S'alaiyforeacitpositfotist-itibe determined bly the Fire Chief. 411712015 Poffe, 2 of IIVA -Annuahzed Rate S106�694-54 $111,904.67 5117.114-79 Deputy, File I001165 Marshal Moutb:y $8,89121 S9 „325.30 $0,759.67 Ana'syst 40-Hour Hourly $51.295 $53800 $56.305 Step increases are based on annivei-m- date. Time in Rank. Note, Fire Marshal andDepu4, Fire Odef are nova - classified posidom. .S'alaiyforeacitpositfotist-itibe determined bly the Fire Chief. 411712015 Poffe, 2 of IIVA AnnualimdRate $93.718-10 $97x761.59 $101,802,04 Recru&ng I00070 Management Moutb:y $7.808.84 $9,146.80 $8,483.50 Ana'syst JO-Hour Hourly $45-057 $47.001 $48.943 Step increases are based on annivei-m- date. Time in Rank. Note, Fire Marshal andDepu4, Fire Odef are nova - classified posidom. .S'alaiyforeacitpositfotist-itibe determined bly the Fire Chief. 411712015 Poffe, 2 of IIVA City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -783, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM/ ACM: Jon Fortune Date: September 1, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing contribution to the Denton Firemen's Relief and Retirement Fund by the City; and establishing an effective date. BACKGROUND As you are aware, over the past few months City management has been working with the Denton Fire Fighters Associations to negotiate a renewal to their existing Meet and Confer Agreement. One of the articles (Article 12) in the contract provides for the City's contribution to the Firemen's Retirement and Relief Fund. The City and Association have agreed to continue the matching provision originally established in 2006. Specifically the agreement provides that the City shall apply the same contribution level, including any increase or decrease, toward the Firemen's Retirement and Relief Fund to match the City's actual contribution rate to the Texas Municipal Retirement System for that calendar year, for the term of the 2015 -2019 Agreement. FISCAL INFORMATION Approved contribution rate increases will be programmed in the proposed budget. RECOMMENDATION Staff recommends approval. EXHIBITS 1. Meet and Confer Contract Article for Fire Pension 2. Ordinance Respectfully submitted: Jon Fortune Assistant City Manager Prepared by: Jessica Rogers Assistant to the City Manager City of Denton Page 1 of 1 Printed on 8/27/2015 EXHIBIT 1 ARTICLE 12 PENSION Each successive year of the Agreement the City shall continue to apply the same contribution level, including any increase or decrease, toward the Firemen's Retirement and Relief Fund to match the City's actual contribution rate to the Texas Municipal Retirement System for that calendar year. 29 zAordinances \15 \ord fire pension authorization.docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING CONTRIBUTION TO THE DENTON FIRE FIGHTERS RELIEF AND RETIREMENT FUND BY THE CITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council has authorized the City of Denton to apply the same contribution level, including any increase or decrease toward the Denton Fire Fighters Relief and Retirement Fund to match the City's actual contribution rate to the Texas Municipal Retirement for that calendar year; and WHEREAS, the change of the employer contribution requires approval by ordinance (Tex. Civ. Stat. Ann. art. 6243e, §29(b)); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The rate of contribution by the City of Denton to the Denton Firemen's Relief and Retirement fund shall be the same contribution level, including any increase or decrease to match the City's actual contribution rate to the Texas Municipal Retirement System for that calendar year. SECTION 2. This ordinance shall expire on , after which it will be of no force or effect. PASSED AND APPROVED this the day of , 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: -' City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -792, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: September 1, 2015 SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the renovation of the City of Denton Civic Center Pool, located at 515 North Bell Street; providing for the expenditure of funds therefor; and providing an effective date (RFP 5867- awarded to JC Commercial, Inc. in the amount of $1,797,777). RFP INFORMATION The Civic Center Pool Renovation project consists of the demolition of the swimming pool/spa structure, and equipment specifically related to the swimming pool including the decks. The project will require demolition and renovation construction to existing real property and will include the turn -key construction of the current Civic Center Pool and facilities that are approximately 30 years old. The existing structure and equipment have surpassed their useful life expectancy, therefore requiring costly repairs. Requests for Proposals were sent to 1185 prospective contractors. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Two (2) proposals were received. The proposals were evaluated based upon published criteria including performance, delivery, acceptance of standard terms and conditions, and price. Based upon this evaluation, JC Commercial, Inc. meets all requirements and is determined to be the best value for the City (Exhibit 1- Ranking Sheet). RECOMMENDATION Award the construction of City of Denton Civic Center Pool Renovation Project to JC Commercial, Inc. in the amount of $1,797,777. PRINCIPAL PLACE OF BUSINESS JC Commercial, Inc. Lewisville, TX ESTIMATED SCHEDULE OF PROJECT City of Denton Page 1 of 2 Printed on 8/27/2015 File M ID 15 -792, Version: 1 The construction of the Civic Center Pool Renovation Project is estimated to be completed within 236 working days of issuance of Notice to Proceed. FISCAL INFORMATION This project will be funded from Parks Capital Fund account 4400137403.1365.40100. Requisition 4125413 has been entered in the Purchasing software system. EXHIBITS Exhibit l: Evaluation/Ranking Sheet Exhibit 2: Ordinance Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Emerson Vorel at 349 -7460. City of Denton Page 2 of 2 Printed on 8/27/2015 a 0 00 00 0 0 0 rq n! co O 6 6 r, r, 00 60 E VI O O 96o AR m 2 x 0) E E o o o 0 In O m O in O ca cu u C: m E cu O v cu > - CO Q z I lu cu — w A > 0 0- J) �o M 0 co 0 a) CL -0 m a (,u �o 2 in u 4) a- w m 0 "o 00 a: M cu cu 0 m -oj 0 75 >� -C u , 'r a C: > V) m 96o 0 LU 4) - U --- 0- .2 M L>U V Z ai E ai 0 :u .0 cr-, Q: �0- u I 0 o o o o t-i m r'l -1 (.0 V-4 U- ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RENOVATION OF THE CITY OF DENTON CIVIC CENTER POOL, LOCATED AT 515 NORTH BELL STREET; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5867- AWARDED TO JC COMMERCIAL, INC. IN THE AMOUNT OF $1,797,777). WHEREAS, the City has solicited, received and tabulated competitive proposals for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described proposal is the highest scored proposal for the construction of the public works or improvements described in the Request for Proposal (RFP) document and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive proposal for the construction of public works or improvements, as described in the "Request for Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the RFP number assigned hereto, are hereby accepted and approved: RFP NUMBER CONTRACTOR AMOUNT 5867 JC Commercial, Inc. $1,797,777 SECTION 2. The acceptance and approval of the above competitive proposals shall not constitute a contract between the City and the person submitting the proposal for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Proposers including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the proposals accepted and approved herein, provided that such contracts are made in accordance with the Notice to Proposers and Request for Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 5867 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive proposals and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved proposals and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY _ A BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON Legislation Text File #: ID 15 -820, Version: 1 DEPARTMENT: CM/ ACM: Date: Agenda Information Sheet CMO John Cabrales, Jr. September 1, 2015 SUBJECT Consider approval of a resolution of the City of Denton, Texas approving the renaming of the Patterson - Appleton Center for the Visual Arts to the Patterson - Appleton Arts Center; and declaring an effective date. BACKGROUND Per a request by the Denton Chamber of Commerce and the Greater Denton Arts Council (GDAC) Board of Directors, the City Council approved a resolution on May 6, 2014, which changed the name of the Center for the Visual Arts to the Patterson - Appleton Center for the Visual Arts (CVA). The GDAC Board is now requesting that the name be amended to the Patterson - Appleton Arts Center, to reflect the breadth of the CVA's multidisciplinary offerings beyond visual arts. The Patterson and Appleton families have given their consent and are in agreement with renaming the center to capture the broad range of art and events available to the City of Denton. The City jointly held a naming ceremony with GDAC and the Chamber of Commerce on June 3, 2014, to unveil the bronze plaques that have since been placed on the building in honor of Roy Appleton, Jr. and Fred and Patsy Patterson. The lettering and signage for the facility's exterior, however, have not yet been updated due to the GDAC's desire to slightly amend the name. The sole authority to name the CVA belongs to the City Council. As such, the GDAC Board formally considered the name change at their Aug. 25, 2015, meeting, and have submitted a letter to request the City Council amend the facility's name. Provided the name change is adopted by the Council by resolution, staff will proceed in ordering and getting the signage mounted. FISCAL INFORMATION As originally stipulated by Resolution 2014 -019, any costs associated with plaques, markers, or memorials shall be borne by the City of Denton. The cost of the original bronze plaques provided in 2014 was $6,506. The estimated cost of the exterior signage is $5,000. EXHIBITS 1. Resolution 2014 -019, Naming of the Facility 2. GDAC Letter Requesting Name Change 3. Resolution Renaming Facility Respectfully submitted: City of Denton Page 1 of 2 Printed on 8/27/2015 File M ID 15 -820, Version: 1 Lindsey N. Baker Intergovernmental Relations /Public Information Officer City of Denton Page 2 of 2 Printed on 8/27/2015 zAreso1utions\14\cva resolution.doex Exhibit I RESOLUTION NO. 82014-019 A RESOLUTION APPROVING THE NAMING OF THE CENTER FOR THE VISUAL ARTS AFTER FRED AND PATSY PATTERSON AND ROY APPLETON, JR; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Fred and Patsy Patterson and Roy Appleton, Jr. have a long and distinguished history of community service in the City of Denton; and WHEREAS, Fred Patterson served as a co-chair of the committee responsible for raising the capital for the Center for the Visual Arts building, which was completed in 1984; and WHEREAS, Fred has championed the arts in Denton, serving as chair of the Campus Theatre Renovation, the chair of the Bayless-Selby House Museum, the co-founder of the annual festival to celebrate the arts in Denton, now known as the Arts & Jazz Festival, and a co-chair of the Denton Holiday Lighting festival; and WHEREAS, Patsy Patterson provided leadership through her service as a charter member and president of the Denton Benefit League, president of the Arts Guild, and president of Denton Community Theatre; and WHEREAS, Fred and Patsy have been acknowledged for their commitment to the arts as recipients of the Community Arts Recognition Award from the Greater Denton Arts Council; and WHEREAS, Roy Appleton, Jr., has been a leader in economic development in Denton, serving as the chair of the Chamber of Commerce in 1961, and traveling to New York, California, and other states to attract Jostens, Peterbilt, Tetra Pak and Victor Equipment to Denton; and WHEREAS, Roy was a driving force to retain and develop public broadcasting in Denton, serving as co-chairperson of the board for North Texas Public Broadcasting, Inc; and WHEREAS, Roy has served the Denton community through his work as president or chairman of the board in Rotary, Jaycees, United Way, and many other community organizations; and WHEREAS, Roy is a recipient of the Denton Chamber of Commerce's Otis L. Fowler Award, the Texas Newspaper Leader of the Year Award, and has been honored by the University of North Texas as a distinguished Alumnus; and WHEREAS, the City of Denton wishes to honor these dedicated civic leaders whose passion has changed the City in a very visible and positive way; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: Exhibit I SECTION 1. The City Council of the City of Denton, in accordance with Resolution No. R2012-007, does hereby name the Center for the Visual Arts the "Patterson-Appleton Center for the Visual Arts" in honor of Mr. and Mrs. Patterson and Mr. Appleton's many years of superlative service to their community. SECTION 2. Any costs associated with plaques, markers, or memorials shall be borne by the City of Denton. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY M API1R( l',,l) A LEGAL FORM: YBURGESS, CITY ATTORNEY BY: day of Tur.119MMIMAM41 Page 2 2014 HI�M DIRECTORS President Don Edwards Vice Presidents John Booth Linda Eaddy Cathy Kerley Secretary Daniel Abasolo Treasurer Mike Upshaw Roni Beasley Glen Farris Joey Hawkins Jan Hillman Kimberly Karl Jake Laughlin Jason Lee David McCullar Carolyn Mohair Joanne Moses Andy Odom Carol Phillips Eric Pulido Donna Trammell Judy Willis Executive Director Tracy Bays- Boothe 400 L. II Ilidkliry `,treet I(1eia(� n, F(%ir 76201 'Ih(lile I 94C.3'8)_2/8/` I ru 940.lil11467 (hf I'lV "(J�h'laVIrVF.CtrlI'T➢ August 26, 201 Dear Mayor Watts and City Council Members: On behalf of the Board of Directors and the staff of the Greater Denton Arts Council, I am writing to respectfully request a slight but significant amendment to the name of the Patterson - Appleton Center for the Visual Arts. The Greater Denton Arts Council has been serving the artists of our community for over 45 years. Over 550,000 people attend concerts, workshops, exhibitions, and classes sponsored by the Arts Council each year. Building on this rich foundation, the Arts Council is entering an exciting period in our history. Celebrating a re- energized commitment to collaboration, not only within our community but within the arts themselves, we respectfully request that the name be amended to the Patterson - Appleton Arts Center, to reflect the breadth of arts programming offered in this space and beyond. It is our hope that in doing so, we not only more easily communicate our brand and mission to serve ALL of the arts of Denton, but that visual artists, musicians, poets, and actors of our great city feel equally welcome and celebrated. We thank you for your thoughtful consideration of this request as well as your continued support for the arts of Denton. With gratitude, ,,, � °'^^may p^- -•..,. Tracy Bays- Boothe Executive Director \ \CODAD\ Departments\ Legal \Our Documents \Resolutions115\Renaming Patterson- Appleton Center for the Visual Arts.doex RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE RENAMING OF THE PATTERSON - APPLETON CENTER FOR THE VISUAL ARTS TO THE PATTERSON- APPLETON ARTS CENTER; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council approved through Resolution No. 2014 -019 the naming of the Center for Visual Arts after philanthropic and community leaders Roy Appleton, Jr. and Fred and Patsy Patterson on May 6, 2014; and WHEREAS, the Greater Denton Arts Council has requested the City Council change the name of the facility to reflect the multidisciplinary nature of the programming and events beyond visual arts; and WHEREAS, the Greater Denton Arts Council requests the name be changed from the Patterson - Appleton Center for the Visual Arts to the Patterson - Appleton Arts Center; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, in accordance with Resolution No. 2012 -007 does hereby name the Patterson- Appleton Center for the Visual Arts the "Patterson - Appleton Arts Center." SECTION 2. Any costs associated with plaques, markers, or memorials shall be borne by the City of Denton, pursuant to Resolution No. 2014 -019. SECTION 3. This resolution shall become effective immediately upon its passage and approval. pp al. PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY day of CHRIS WATTS, MAYOR 1 \C0DAD\Dcpartments\lAgal \0ur Documents \Resolutions \15\Reneming Patterson- Appleton Center for the Visual Arts.docx APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -787, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM/ ACM: Bryan Langley Date: September 1, 2015 SUBJECT Consider nominations /appointments to the City's Boards and Commissions: Health & Building Standards Commission; Human Services Advisory Committee; Parks, Recreation and Beautification Board; and Zoning Board of Adjustment. BACKGROUND Attached are the nominations Council has submitted for board and commission positions. Additional nominations could be made and voted on at this meeting should the Council desire. Approval would be contingent on completion of the confirmation process. EXHIBITS Exhibit 1 - Nominations Sheet for 2015 Respectfully submitted: Jennifer Walters City Secretary City of Denton Page 1 of 1 Printed on 8/27/2015 BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Health & Building Standards Commission Watts Human Services Advisory Committee All Christie Wood [Gregory nomination] Parks, Recreation & Beautification Board Watts Zoning Board of Adjustment Alternate Cathy McMullen [Briggs nomination] As of 08/26/2015 R - Reappointment N - New Nomination City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -819, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Economic Development CM/ ACM: Jon Fortune Date: September 1, 2015 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving an Economic Development Agreement for an incentive grant between the City of Denton, the Board of Directors of the Tax Increment Reinvestment Zone Number One, City of Denton, Texas, and Rail Yard Partners, LTD; and a Commercial Lease Agreement between the City of Denton and Rail Yard Partners, LTD. involving development at the property located at 608 East Hickory Street, Denton, Texas, 76201 and for which the Tax Increment Reinvestment Zone Number One Board recommends approval; providing authority for the City Manager to execute the agreements subject to final language approval by the City Attorney; and providing an effective date. BACKGROUND The City is engaged in the process of developing new recruitment strategies and programs. One of those initiatives is focused on the recruitment of hi -tech and emerging technology companies, and the support of entrepreneurship and innovation. This program initiative, funded for the 2014 -15 Fiscal Year, seeks to: • To create knowledge- based, high - paying jobs • To gainfully employ our college graduates in order to keep them living and working in Denton • To support entrepreneurship and innovation • To recruit, create and retain successful innovative businesses • To diversify and strengthen our tax base • To increase the average household income in Denton • To encourage infill development and redevelopment • To create substantial investment in Denton businesses • To develop a workforce that is agile, technologically advanced, and employable • To foster technology solutions to address community -wide needs The proposed Railyard downtown catalyst project addresses a number of goals of the Technology and Innovation Program and is located in the Tax Increment Reinvestment Zone (TIRZ) Number One, Downtown Implementation Plan (DTIP) and Transit Oriented Development (TOD) area. The project would be located at 608 E. Hickory adjacent to the transit station. The project involves a Commercial Lease Agreement with the Developer (Rail Yard Partners, LTD), a Chapter 380 Agreement including revenue from the Tax Increment Reinvestment Zone One (Downtown TIRZ) with the developer and a separate Agreement with the Dallas City of Denton Page 1 of 3 Printed on 8/27/2015 File #: ID 15 -819, Version: 1 Entrepreneur Center (will be considered by the City Council at a future date). The parties and roles are planned as follows: • Rail Yard Partners, LTD: is the Landlord and grant recipient of the Chapter 380 Agreement City of Denton: is the Tenant Dallas Entrepreneur Center (DEC): is a 501(c)3 organization and will be the Subtenant and /or Program Manager Rail Yard Partners, LTD. is renovating an existing 28,000 square foot building as a part of a larger transit - oriented catalyst project. The City would lease 9,216 square feet for a collaborative working space. The DEC, which has similar entrepreneur resource centers in Addison and North Dallas, would offer memberships, technical assistance, mentorship and program events to help foster local business growth in Denton. PRIOR ACTION/REVIEW On January 16, 2015 the Tax Increment Reinvestment Zone Number One (Downtown TIF) received a report regarding an innovation and technology recruitment initiative and potential partnership opportunities, and recommended approval of an incentive 5 -0. On October 14, 2014 the EDP received a report regarding an innovation and technology recruitment initiative and potential partnership opportunities and recommended that staff proceed with a vote by the Downtown TIF Board. In a Budget Workshop on July 31, 2014, and in a Budget Work Session on August 19, 2014, the City Council heard a budget request for $220,000 for the formation of this program. This program has been funded for the 2014 -15 Fiscal Year and is included in the City Manager's Proposed Budget for Fiscal Year 2015 -16. In a joint meeting between EDP and the City Council on April 7, 2014, program components were presented and discussed. EDP and the City Council gave staff direction to consider pursuing the initiative and developing the program. FISCAL INFORMATION The Program Grant Agreement contemplates an annual grant in the amount of $76,000 for five years, for a total incentive of $380,000. It also contemplates a 50% sales tax rebate on the retail portion of the project, estimated to equate to $25,000 to $35,000 annually. The Commercial Lease Agreement is a five year lease at $9.75 per foot for year one, with an approximate 3.5% increase in the per foot cost annually thereafter, in addition to operating expenses including the City's pro rata share of real estate taxes, insurance, common area maintenance, and operating expenses. Estimated Year One total costs: Program Grant Agreement: $76,000 to $100,000 Lease Agreement, including operating expenses: $131,360 EXHIBITS 1 - Project Rendering and Space Layout 2 - Downtown TIF Project Plan City of Denton Page 2 of 3 Printed on 8/27/2015 File #: ID 15 -819, Version: 1 3 - Downtown TIF Board Meeting Minutes 01 -16 -15 4 - EDP Board Meeting Minutes 10 -14 -15 5 - Draft Lease Agreement (provided under separate cover) 6 - Draft Incentive Agreement (provided under separate cover) 7 - Draft Ordinance (provided under separate cover) Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Aimee Bissett Director of Development Services City of Denton Page 3 of 3 Printed on 8/27/2015 : � .� �� j � � � \ ��«° : < �� 2\ � �; � � � / � � \ \/� � .. � / r < �� ~ , } \Z \� � . . . y \� y � i �� § £: \: \.< . : � . \� \ �� � � : �����? \� � \ � �� " � � � /\ � � � � � \ 6 :.:r. . _�� : ?<� > . < � \� < ... - »� } � » :� }� \ »/ \� < � � :�� ��� � . ^� / \ « \ \\ ©� \ r: N EiA �»r �w JIUff�!(G�kb(f�CrG6 ✓ll((�`I/ �� IIY�llu���'VH��1 91, 1 f VigyF� ' RY1lJl�I d l� Exhibit 2 PROJECT PLAN — DENTON TIF NO. 1 FINAL PROJECT PLAN Updated June 2014 Tax Increment Financing Reinvestment Zone No. 1 City of Denton, Texas SCHRADER & CLINE, LLC George R. Schrader Larry D. Cline 4800 Broadway, Ste A Addison, TX 75001 972 - 661 -1973 schcli(aswbell.net Exhibit 2 PROJECT PLAN — DENTON TIF NO. 1 Iff-71-MITTIMM The City of Denton, Texas proposes to establish a Tax Increment Financing Reinvestment Zone ( "TIF ") for the purpose of dedicating the increase in tax revenue generated within the TIF to provide funds for public infrastructure to encourage accelerated development and redevelopment in the downtown area of the City. The TIF consists of approximately 225.73 acres and is more fully described in Project Plan Exhibit A. The City is creating this TIF to encourage accelerated development and redevelopment in this area of the City in an effort to stimulate new higher value, higher density development which would benefit and be incentivized from the proposed public infrastructure improvements. It is expected that the TIF will exist for thirty (30) years or the date when all project costs are paid, whichever comes first. As set forth in Section 311.011 of the Tax Increment Financing Act of the Texas Tax Code Ann., the Project Plan for Tax Increment Financing Reinvestment Zone No. 1, Denton, Texas must and does include the following elements: 1. A map showing existing uses and conditions of real property in the TIF and a map showing proposed improvements to and proposed use of the property. ■ The boundaries of the TIF are shown on the map labeled Project Plan Exhibit: B; ■ Project Plan Exhibit: C shows existing land use within the TIF. Currently, the area is generally developed but contains less than ten percent residential. ■ Project Plan Exhibit: D lists and defines the public improvements being proposed for the TIF; ■ Project Plan Exhibit: E shows anticipated Future Land Use within the TIF. 1 Exhibit 2 PROJECT PLAN — DENTON TIF NO. 1 2. Proposed changes of zoning ordinances, the master plan of the municipality, building codes, and other municipal ordinances. ■ Any changes to codes, ordinances, or master plan as a result of the creation of the TIF will be made through the standard process and procedures of the City. 3. A list of estimated non - project costs. ■ Non - project costs within the TIF are those development costs not paid for by the TIF. These costs will include, but are not limited to, $207.5 million, which is comprised of new private development. 4. A statement of a method of relocating persons to be displaced as a result of implementing the plan. ■ Although not anticipated, in the process of developing the TIF, any relocation will be made through the standard process and procedures of the City. 2 Exhibit 2 PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY EXHIBIT A Boundary Description Beginning at the southwest corner of the ROW intersection of Carroll Blvd. and Sycamore, the POINT OF BEGINNING; THENCE, north along the west ROW of Carroll Blvd. to the northwest corner of the ROW intersection of Carroll Blvd. and W. Parkway Street; THENCE, east along the north ROW of W. Parkway Street to the northeast corner of the ROW intersection of W. Parkway Street and Locust; THENCE, south along the east ROW of Locust to the north ROW of McKinney; THENCE, east along the north ROW of McKinney to a point directly north of the southeast corner of the ROW intersection of McKinney and N. Bradshaw Street; THENCE, south across McKinney and continuing south along the east ROW of N. Bradshaw Street continuing directly south across E. Hickory Street to the south ROW of E. Hickory Street; THENCE, west along the south ROW of E. Hickory Street to the northeast corner of a tract in the Fred Hill Addition, Block A, Lot l; THENCE, south and east following the property line of a tract in the Fred Hill Addition, Block A, Lot 1 to the northwest corner of a 1.406 acre tract, Al 184A H. Cisco, Tract 14; THENCE, south along the west property line of a 1.406 acre tract, Al 184A H. Cisco, Tract 14 to its intersection with the north property line of a 1.694 acre tract Al 184A H. Cisco, Tract 15; THENCE, west and south along the north and west property line of a 1.694 acre tract Al 184A H. Cisco, Tract 15 to the northwest corner of a 0.16 acre tract, Al 184A H. Cisco, Tract 20; THENCE, south along the west property line of a 0.16 acre tract, Al 184A H. Cisco, Tract 20 to the north ROW of Sycamore; THENCE, directly south across Sycamore to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the northwest corner of the Oakwood Cemetery; THENCE, south along the west property line of the Oakwood Cemetery to the north ROW of Prairie; THENCE, directly south across Prairie to the south ROW of Prairie; THENCE, west along the south ROW of Prairie to the southwest corner of the ROW intersection of Prairie and Elm; 3 Exhibit 2 PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY Boundary Description THENCE, north along the west ROW of Elm to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the southwest corner of the ROW intersection of Sycamore and Carroll Blvd. and the POINT OF BEGINNING, and containing a total area of approximately 225.73 acres. M Exhibit 2 PROJECT PLAN — DENTON TIF NO. I PRELIMINARY TIF Boundary EXHIBIT B 1 �. ,. - Centerline Streets perty Description Acreage w/or wio Agr use Cable Company Duplex Exempt Gas Company Multifamily Phone Company Real and Commercial Single Family Townhome Vacant Commercial Lots 11 WEMLOUX, This map Is a graphlc representation prepared by the City of Denton and Is Intended for use only as a reference, Data depicted 0 0 05 0 1 02 0 3 04 Is not guaranteed for accuracy and may be sulblect to revision at any time without notification, A Registered Surveyor for the State of Texas was net consulted. For Survey level accuracy, supervishon and certification of the produced data by a Registered Profe"Ifonal Land Surveyor for the State of Texas would need to be performed 5 Exhibit 2 PROJECT PLAN — DENTON TIF NO. I PRELIMINARY Existing Land Use EXHIBIT C Legend TIF Boundary I Centedine Streets perty Description Acreage w/or w/o Agr use Cable Company Duplex Exempt Gas Company Multifamily Phone Company Real and Commercial Single Family Townhome Vacant Commercial Lots oir April 16 2010 Wes Thta map Ila graphle representation prepared by the City 0 Dentonand aintended for use only as a reference, 0ma do lActed Is not guaranteed f accuracy and may be subIect to reviislon at any lIme vAthout notificarlon. A Froquaeffed Surveyor for the 0 006 01 02 03 Ci 4 State of Texas wal"l consulted, Far Survoy evel accuracy, %LoomhAonl and corlIftation of the produoad data by a Registered Prolessional Land surveyor for the Stale of Texas would need to be lawforeted I !, Exhibit 2 PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY EXHIBIT D Project Plan PROJECT ESTIMATED COST, $M Parking / Transportation 8.0 Complete Streets 7.9 Support for Downtown Projects 4.9 Utility / Drainage Improvements 4.0 TOTAL 24.8 Project Definitions Parking/Transportation: Transportation: Parking includes, but is not limited to, parking garages; surface parking; parking lighting; and parking signage and wayfinding. This project category was designed to provide adequate public facilities for transportation and to foster Transit Oriented Development (TOD) that will occur as a result of the planned transit station that will link Denton with passenger rail service to the City of Carrollton, where riders can transfer to the Dallas Area Rapid Transit (DART) system into the Dallas/ Fort Worth metroplex. The goal is to create compact, walkable, pedestrian- centered developments to enhance and act as a catalyst to spur additional development and redevelopment in the district. Complete Streets: are "multi- functional, pedestrian- oriented, aesthetically - pleasing, and safe and inviting for residents and visitors. Redeveloping the existing downtown street network into complete streets will create a pleasing public realm, which in turn supports and encourages a wide variety of new development and investment" according to the Downtown Implementation Plan. Elements of complete streets include the building to building improvements which may encompass: sidewalks, shared travel lanes (e.g. bus and bicycle), parallel and angled parking, pedestrian crosswalks, pedestrian and emergency bulb (American with Disabilities Act (ADA) accessibility), awnings, street improvements, planters, pedestrian street furniture, bike racks and pedestrian lighting. Downtown Projects: may include grants, loans and services for public and private development. Eligible TIF project costs are not limited to public uses and may also include projects that involve: historic preservation, demolition, environmental remediation and economic development grants. Chapter 380 of the Local Government Code grants municipalities in Texas the authority to offer grants and loans of public funds to stimulate economic development. The chapter also includes a provision for the use of City employees, facilities and services. An example of a City service may include additional public safety personnel to serve the increased population created by the transit station and the surrounding transit oriented development. Solid 7 Exhibit 2 PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY EXHIBIT D Project Plan waste and recycling services tailored to serve the downtown area is another example of a public service. Pursuant to the Texas Local Government Code, section 272.001, the City of Denton may utilize City -owned property that is located in a reinvestment zone to facilitate economic projects which the City and TIF Board deem appropriate and desirable. The City may acquire, lease, sell or otherwise transfer property to accomplish the public purpose of economic development that is consistent with the Project Plan. Such projects may include public - private partnerships, transit - oriented developments, or the recruitment of specific industries including, but not limited to, hi -tech or emerging technology companies, local start -up businesses, artesian or "maker" industries, the creative sector, bakeries, microbreweries, micro- distilleries, wineries, grocery stores, or other industries that the TIF Board and the City Council deem desirable. Utility Drainage: The downtown TIF district has an aging infrastructure and a number of properties that are situated in the floodplain making proper utility drainage an important component of the project plan. Utility drainage encompasses the physical provisions to accommodate and regulate stormwater runoff to preclude excessive erosion and sedimentation and to control and regulate the rate of flow. Facilities /systems can include natural features and conduits, channels, ditches, swales, pipes, detention devices or other devices designed or intended to carry, direct, detain or otherwise control stormwater," according the Denton Development Code. Projects may include one or more categories that may be leveraged as an incentive for development in the TIF district. An example of such a project, that would include both the parking /transportation and the downtown project categories, is a public private partnership for the construction of a parking garage and mixed use development that includes a public investment for additional parking for the public. N. Exhibit 2 PROJECT PLAN - DENTON TIF NO. 1 PRELIMINARY EXHIBIT E Future Land Use Exhibit 3 MINUTES CITY OF DENTON DENTON TAX INCREMENT FINANCE ZONE NO.1 BOARD January 16, 2015 After determining that a quorum was present, the Denton Tax Increment Finance Zone No.1 Board convened on Friday, January 16, 2015 at 1:40 p.m. in the City Hall Work Session Room, 215 E. McKinney, Denton, Texas. PRESENT: Bob Moses, Harold Strong, Marty Rivers, Virgil Strange, and Chris Watts ABSENT: Hank Dickenson, and Kevin Roden STAFF PRESENT: George Campbell, John Cabrales, Aimee Bissett, Julie Glover, Christina Davis, Erica Sullivan, Karen Boenker, and Ron Menguita GUESTS: None REGULAR SESSION 1. Consider approval of the minutes of the June 27, 2014 Tax Increment Finance Zone No.1 Board meeting. Hank Dickenson motioned approval of the June 27, 2014 Tax Increment Finance Zone No.1 Board meeting as presented. The motion was seconded by Bob Moses and carried unanimously (5 -0). 2. Receive a report and hold a discussion regarding the annual ad valorem revenue of Downtown TIF Number One Erica Sullivan, ED Analysis, reviewed the certified and supplement summary that was distributed to the Board. Sullivan reported that the Downtown TIRZ Number One 2014 total apprised valuation of taxable real property was $116.8 million, a $16.3 million increase from the 2013 supplemental value of $100.5 million. The annual TIRZ fund contribution of property taxes and interest income for 2014 is $258,160. Staff discovered that the reports have not reflected accumulated interest to date. Once interest has been accounted for November and December the TIRZ fund will change slightly. Sullivan discussed the actual increase with the Board reviewing existing versus new construction and how the funds can be used. 3. Receive a report, hold a discussion and give staff direction regarding the 2014 Annual Report for Downtown TIF Number One Julie Glover presented the 2014 Annual Report for the Downtown TIF Number One. The only changes to the report are the member of the Board, due to City Council place changes and the numbers representing the growth and monies collected in the district written in the text of the report did not match the spreadsheet presented as an attachment to the report. Chris Watts motioned approval of the approval of the report 2014 Tax Increment Finance Zone No.1 Board meeting with corrections. The motion was seconded by Harold Strong and carried unanimously (5 -0). 4. Receive a report and hold a discussion regarding an innovation and technology recruitment initiative, part of which will take place within the Downtown TIF NUMBER ONE. Aimee Bissett gave a presentation on an innovation and technology recruitment initiative called CoDenton. Initial discussions of CoDenton, started in June 2014 and was added to the Economic Development budget in the Exhibit 3 2014/15 fiscal year. In her presentation, Bissett discussed that the program has a community- driven demand for hi -tech and emerging technology recruitment. It will support entrepreneurs and innovation with a co- working space with a business incubator for creating high -wage, knowledge -based jobs to retain our educated workforce. This will take the collaboration of technology infrastructure, such as fiber, wifi, small cell; education and workforce partnerships, nonprofit and investment partners like TechMill, Dallas Entrepreneur center, Hub & Spoke, and the startup community, and finally real estate development. The two key program components, entrepreneurship and recruitment, are key to its success. The proposed co- working space would offer daily or monthly desk and office rentals, a business incubator /accelerator program to launch or scale new startup businesses; events for mentoring, guest lectures, and hackathons; investment for recruiting /matching venture capital, and angel funding. Similar operating models that were investigated are investment vs. nonprofit /community- based, such as the DEC (Dallas Entrepreneur Center) operating model and local TechMill grassroots effort. Bissett's presentation included details for the DEC and TechMill programs. While discussing the many benefits of CoDenton, Bissett revealed that the platform MSNBC used for reporting the 2012 Olympics was built in Denton by a small team working at a coffee shop. 5. Receive a report from the City's Leadership Excellence and Enhancement Program (LEEP) participants and hold a discussion regarding their Right -of -Way Maintenance Project, including areas within the Downtown TIF NUMBER ONE. Bissett reported on this item, as Lancine Bentley was unable to attend. Bissett gave a brief introduction to the LEEP program and its purpose. The goal of the project is to collaborate with TxDOT and Union Pacific Railroad to implement a regular maintenance and beautification plan to create clean and attractive public rights -of -way along entryways and major thoroughfares throughout the community. 6. Receive a report and hold a discussion regarding E. Hickory Capital Improvements. Glover presented the update on E. Hickory St. covering work on the street, the Williams Trade Square parking lot, and marketing efforts. 7. Received Staff Activity Reports a. Businesses Closed: Gold Mine BBQ, Yogurt Fusion, S. Elm Restaurant and Bar, Last Drop Tavern, Smiling Moose Deli b. Businesses Opened: Bet the House BBQ, Painting With a Twist, Sweetwater, Oak Street Coffeehouse, Sub Shack, Big Fatty's Flaming Foods /Spanking Shack, Dark Ages Tattoos, Hypnotic Donuts, coming soon are Muddy Jakes, Service Industry, and Jacks Tavern BOARD WENT INTO CLOSED SESSION AT 1:00 P.M. Deliberations regarding Economic Development Negotiations — Under Texas Government Code Section 551.087. 8. Receive a report, hold a discussion, and give staff direction regarding an economic development incentive agreement for a catalyst project, and a lease of real property where a deliberation in an open meeting would have a detrimental effect on the position of the governing body in negotiations with a third party. This discussion shall include commercial and financial information the City has received from the developer which the City seeks to have locate, stay, or expand in or near the territory of the city, and with which the City is conducting economic development negotiations and lease negotiations; including the offer of financial or other incentive ( Bissett). BOARD RETURNED TO OPEN SESSION AT 1:38 P.M. Exhibit 3 Following the completion of the Closed Session, the Board will convene in a Regular Session to consider the following: 9. Make a recommendation to City Council regarding using Downtown TIF Number One funds for a 380 incentive for a catalyst project located within the TIF District. Dickenson motioned approval of making a recommendation to City Council regarding using the Downtown TIF Number One funds for a Chapter 380 Incentive Agreement for a catalyst project located within the TIF District by allowing 100 percent abatement of the revenue, maximum of $76,000 per year, generated by the project in the TIF Number One, up to $380,000 cumulative, allowing five to ten years to receive that reimbursement amount. The motion was seconded by Harold Strong and carried unanimously (5 -0). 10. Meeting adjourned at 1:40 p.m. Exhibit 4 MINUTES CITY OF DENTON ECONOMIC DEVELOPMENT PARTNERSHIP BOARD October 14, 2014 After determining that a quorum was present, the Economic Development Partnership Board convened on Tuesday, October 14, 2014 at 11:39 a.m. The meeting was held at the Civic Center Community Room, at 321 E. McKinney St., Denton TX 76207. PRESENT: Virgil Strange, Carrell Ann Simmons, Cleve Breedlove, Jim Fykes, Marty Rivers, and John Gilmer ABSENT: Chris Watts, Greg Johnson, and Neal Smatresk EX- OFFICIO: Present: George Campbell, Jamie Wilson, and Chuck Carpenter Absent: none STAFF PRESENT: Bryan Langley, Jon Fortune, Howard Martin, Aimee Bissett, Christina Davis, Julie Glover, Erica Sullivan, Michelle Cunningham, Adam Gawarecki, Quentin Hix, Mike Grim, William A. Bunselmeyer, Caroline Booth, and Kim Phillips GUESTS: Dr. Tom McCoy, LINT, representing LINT President, Dr. Smatresk, Kevin Roden, and Rob Justice REGULAR SESSION 1. Consider approval of the minutes of the September 9, 2014 meeting. Rivers motioned to approve the minutes of the September 9, 2014 meetings as presented. Gilmer seconded the motion. The minutes were approved unanimously with a vote of 6 -0. Receive a report and hold a discussion regarding an innovation and technology recruitment initiative. Bissett discussed prior action for the innovation and technology recruitment initiative stating that the EDP Board and City Council gave staff direction to consider pursuing the initiative and developing the program in April, 2014 at a joint meeting between them. The recruitment of hi -tech and emerging technology companies, and the support of entrepreneurship and innovation, is one of the new strategies and programs for Economic Development. Since the April meeting, a core group of community stokeholders has been meeting regularly to explore partnership opportunities and the creation of a program to fill the specific need in Denton. This group has included representatives from LINT, the City of Denton, TechMill, and the Dallas Entrepreneur Center, and a variety of interested community members and technology -based business representatives. Some of the program components will include a co- working space and entrepreneur recruitment. Receive a report and hold a discussion regarding the draft Strategic Action Agenda created by DADCO Consulting after the June 2014 economic development strategic planning retreat. Bissett reported that at after the joint meeting in June, the David Dodd, the DADCO Consultant, created the distributed report. The report includes the vision and mission statement and key strategies that the group created at the retreat. A fifth strategy, Targeted Recruitment, was added by staff. Each strategy will be an Action Agenda with an Economic Development staff member as the liaison. Each Action Agenda will identify additional key stakeholders; create and review goals, action plan, and metrics. We would like Action Agenda Teams to present their action plans for the 2015 calendar year at the December Board meeting. Exhibit 4 Economic Development Partnership Board Agenda October 14, 2014 Page 2 4. Staff Reports Bissett Met with the DEC (Dallas Entrepreneur Center) for a tour of their facility in Dallas. Was really impressed with the facility and the activity happening there on a daily basis. Great trip to Austin for lunch with Myra Crownover, had a good conversation with staff regarding Denton. Gawarecki c. Austin marketing trip included a dinner with the Lt. Governor. d. Working with four new prospects and have two coming in for site visits. e. New week will be at IEDC Booth f. Attended Austin trip with Bissett and Mike Grim. Grim g. Attended Austin trip with Bissett and Booth. Already seeing results from that trip. We need to treat them more like clients and hold regular meetings with them. WENT INTO CLOSED SESSION AT 12:17 p.m. Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087, and deliberations regarding Real Property - Under Texas Government Code Section 551.072. Receive a report, hold a discussion, and give staff direction regarding an economic development incentive agreement for a catalyst project, and a lease of real property where a deliberation in an open meeting would have a detrimental effect on the position of the governing body in negotiations with a third party. This discussion shall include commercial and financial information the City has received from the developer which the City seeks to have locate, stay, or expand in or near the territory of the city, and with which the Economic Development Partnership Board is conducting economic development negotiations and lease negotiations; including the offer of financial or other incentive. RETURNED TO REGULAR SESSION AT 12:49 Following the completion of the Closed Session, the Board will convene in a Regular Session to consider the following: 6. Under Section 551 -042 of the Texas Open Meetings Act, respond to inquiries from the Economic Development Partnership Board 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. 7. Meeting adjourn at 12:50 p.m. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN File #: Z15 -0021, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: Jon Fortune Date: September 1, 2015 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing an amendment to a Detailed Plan for a single family development within a Planned Development 12 (PD -12) district zone on approximately 1.37 acres of property, generally located on the north side of Winston Drive, approximately 139 feet northeast of the corner of Waterford Way and Winston Drive in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (7 -0). BACKGROUND On November 12, 1972, the city adopted an Ordinance creating PD -12 and approving a concept plan. PD -12 was then amended on April 15, 1986, to include a new concept plan designating the subject property for Cluster Housing and included updated development standards. On October 21, 2014, City Council approved a Detailed Plan for the subject property to construct a single - family development. The attached Detailed Plan reflects eight (8) residential lots. At the City Council meeting staff indicated that a sliver along the southern side of the site is contained within the City of Corinth. To ensure the entire site would be located within the City of Denton city limits a boundary adjustment was approved on June 16, 2015. The purpose of the proposed Detailed Plan amendment is to incorporate the approximately 0.29 acres into the Detailed Plan. To comply with the public hearing notice requirements, 14 notices were sent to property owners within 200 feet of the subject property, 34 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. As of this writing staff received one response in opposition from a property owner within 200 feet of the subject property. OPTIONS 1. Approved as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item City of Denton Page 1 of 2 Printed on 8/27/2015 File #: Z15 -0021, Version: 1 RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (7 -0). Staff recommends approval of the request as it is consistent with the goals and objectives of the Denton Plan 2030. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On July 22, 2015, the Planning and Zoning Commission recommended approval of the rezoning request (7 -0). EXHIBITS 1. Planning and Zoning Commission Report 2. Aerial Map 3. Zoning Map 4. Future Land Use Map 5. Detailed Plan 6. Boundary Adjustment Agreement Ordinance 7. Public Notification Map 8. July 22, 2015 Planning and Zoning Commission Minutes 9. Draft Ordinance Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Ron Menguita, AICP DRC Administrator City of Denton Page 2 of 2 Printed on 8/27/2015 REQUEST: Hold a public hearing and consider making a recommendation to City Council regarding amending a Detailed Plan for a single family development zoned Planned Development 12 (PD- 12) district. The approximately 1.37 acre property is generally located on the north side of Winston Drive, approximately 139 feet east of the corner of Waterford Way and Winston Drive. APPLICANT: GEES, Inc. OWNER: Graham Mortgage Corp. BACKGROUND: On November 12, 1972, the city adopted an Ordinance creating PD -12 and approving a concept plan. PD -12 was then amended on April 15, 1986 to include a new concept plan designating the subject property for Cluster Housing and included updated development standards. On October 21, 2014, City Council approved a Detailed Plan for the subject property to construct a single - family development. The attached Detailed Plan reflects eight (8) residential lots. At the City Council meeting staff indicated that a sliver along the southern side of the site is contained within the City of Corinth. To ensure the entire site would be located within the City of Denton city limits a boundary adjustment was approved on June 16, 2015. City Charter requires two public hearings and 30 -day publication of the Boundary Adjustment Agreement Ordinance prior to the boundary adjustment. The purpose of the proposed Detailed Plan amendment is to incorporate the approximately 0.29 acres into PD -12. The applicant is also required to final replat the property, which is being considered concurrent with this Detailed Plan amendment. SITE DATA: The 1.37 acre tract is undeveloped. Access to the subject property is from Winston Drive (City of Corinth). USE OF PROPERTY UNDER CURRENT ZONING: Any proposed development will need to comply with the attached Detailed Plan and the development standards outlined below. PD -12 Cluster Housing Standards: • Front Yard: Minimum 25 feet • Side Yard: Minimum 5 feet. A side yard adjacent to a street shall have a minimum 10 feet. • Rear Yard: Minimum 10 feet • Lot Area: Minimum 4,500 square feet • Lot Width: Minimum 50 feet • Lot Depth: Minimum 90 feet • Minimum Dwelling Size: Minimum 1,250 square feet • Lot Coverage: Maximum 60 percent by buildings • Parking Requirements: Minimum 2 parking spaces per dwelling unit • Residential Density: Maximum 6 dwelling units per acre SURROUNDING ZONING AND LAND USES: North: Property to the north is zoned PD -12 and is undeveloped. East: Property to the east is zoned PD -12 and is undeveloped. South: Properties to the south are within the City of Corinth and are developed with single - family homes. West: Properties to the west are zoned PD -12 and are developed with single- family homes. COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES: The surrounding zoning to the north, west, and east is zoned PD -12. The property to the south is outside the city within the City of Corinth. The surrounding land use is predominantly single - family homes. The proposed single- family development is compatible with the surrounding area. COMPREHENSIVE PLAN: Per Denton Plan 2030, the subject property is located within a "Residential - Low Density" future land use designation. Residential - Low Density is described in the Denton Plan 2030 as follows: "This category includes the city's predominantly single- family neighborhoods, with lot sizes ranging from 1 (one) acre or more in rural fringe areas up to four units per acre gross density throughout many of the city's suburban subdivisions. Dwellings in this land use district are generally one to two stories with private driveways and open space, consisting of privately - maintained tree canopy and front, back and side yards. Building and driveway orientation, the locations of private garages, building material, and the presence of sidewalks vary by neighborhood and the era of neighborhood development. Generally these types of single- family neighborhoods are developed as distinct subdivisions that are linked by internal circulation systems with limited access to local and connector roads." The surrounding area is developed with predominantly single- family homes and the proposed single - family development will continue with the same type of land use and intensity. The Planning Report Z15 -0021 Page 2 of 4 proposed single- family development is consistent with the future land use designation of the Denton Plan 2030. CONSIDERATIONS: 1. The proposed Detailed Plan amendment is consistent with the concept plan and complies with the standards outlined for Cluster Housing. In addition, the proposed amendment does not compromise the approved Detailed Plan, no requirements of the Detailed Plan is being modified. 2. On June 16, 2015, City Council approved on second reading a Boundary Adjustment Agreement. The Boundary Adjustment Agreement was to bring all the property within the City of Denton city limits. The purpose of the proposed Detailed Plan amendment is to incorporate the approximately 0.29 acres into PD -12. The maximum residential density for Cluster Housing is six (6) dwelling units per acre. The proposed single- family development is proposed to have a gross density of 5.8 dwelling units per acre, consistent with the concept plan. 4. Section 35 -174 of the Zoning Ordinance that continues to govern over Planned Developments provides standards by which a Detailed Plan is to be evaluated. Such standards include showing permitted land uses specified in detail and the acreage for each use, adjacent or surrounding land uses, zoning, streets, drainage facilities, existing or proposed off -site improvements, the location and size of all alleys, parking lots and parking spaces, loading areas to be used for vehicular traffic, access and connection to existing or proposed streets, traffic generated by the proposed uses, the maximum height of all buildings, the maximum total floor area, the location of water retention areas and major drainage facilities, and the location of all major utilities. All details have been provided and evaluated by staff. STAFF RECOMMENDATION: Staff recommends approval of the request as it is consistent with the goals and objectives of the Denton Plan 2030. OPTIONS: 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Table the item. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 14 notices were sent to property owners within 200 feet of the subject property, 34 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. The applicant chose not to hold a neighborhood meeting. Planning Report Z15 -0021 Page 3 of 4 ATTACHMENTS: • Aerial Map • Zoning Map • Future Land Use Map • Detailed Plan • Boundary Adjustment Agreement Ordinance • Public Notification Map Prepared By: PQW, � Ron Menguita, AICP Development Review Committee Administrator Date: 7/13/15 Reviewed By: Munal Mauladad Assistant Director of Planning and Development Date: 7/17/15 Planning Report Z15 -0021 Page 4 of 4 Site Location / Zoning Map Site Location / Future Land Use Map "��� ° ° 0 0 Low Residentia SITE Future Land Use Parcels Low Residential Roads Regional Mixed Use ITle City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. 4049,11, i goo o ... ... 1 S s Ir DENTON Pllai nirkfilrroew ICDeparrt:inroent: a US Date: 7/16/2015 used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided c � I. +$ m ul + I rt m� m o m II °,tee, N2So � ffi 4 94),3)F 2 s f �9qJ i 1 m.� D00 n ... iii.., ..I Z H� Fu O el !Ip ;go m p — � g 1 fiaa 8 a1 ZIp ow D °xnAVnAOOw . ,dM�ESr I < A /T OI Oy. cn s ew z I p N rn T7 o . „ �.. cn �_� m { o . „ '� / DRIVE KE _ m IT! DRIVE m W i m O V lsili { 'O_l Oo II I _ .m . + Ia pill i8 VI I e V[ I ul co co .1 mIN n LK m w a m: 201.16' �9 � c D o Sy O D m ED 8 ! o °o°mo n O> �o aEl ©® zt T mmm a > CO o z m n F �I — mo d.... M Ni ctl0n to 00 m lol \�c� v A — �. in �G v000 n O" o "z' 2 �: „60,ZEo90 S D�� s 9P, GL'66 3 N qj H N9zO ��c� Gam& \ N lz iv M. a� o��i 'a8� a cz D & ^aE $a o A < <01\ oia:Am 3s� D. <� m _ J/ fWnWO,a sg�a 23$ �z y� COD —1 (�ZQ ��'m ii I m Z�` MoD . i6Ti � 9-H I .m 3g�3 m V M. o�Om 9r� Detail Plan (Lot & House Pad Layout) ® GREG ECWARCS ENGINEERING SERVICES, INC. p7 a w Winseon Addiction Gaeail Plan ` CREG EGWARGS, P.E.76259 � W O O $z Aem ounµ,i use' eam1621 APAaon Ci., POno6n, j 6570 ka t60 �NC NEpMwENO wnr,EwvSOU ,.v A ORDINANCE NO. 2015 -180 AN ORDINACE OF THE CITY OF DENTON, TEXAS, CONFIRMING AND APPROVING A BOUNDARY ADJUSTMENT AGREEMENT, WITH THE CITY OF CORINTH, TEXAS, ADJUSTING A MUTUAL BOUNDARY OF THE CITIES NOT EXCEEDING 1,000 FEET; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ( "Denton ") and the City of Corinth ( "Corinth ") (each individually referred to as "City" and collectively referred to as the "Cities ") are adjacent and neighboring municipalities that currently share common boundaries and are empowered by State law, the Constitution, and their respective Charters to establish their corporate boundaries; and WHEREAS, the Cities desire to amend their mutual boundary as set forth in that certain Boundary Adjustment Agreement attached hereto as Exhibit "A ", and incorporated by reference as if set forth at length herein (the "Agreement ") which confirms and adjusts their respective corporate boundaries; and WHEREAS, Section 43.031 of the Local Government Code allows cities to enter into mutually agreeable boundary changes if the width of the area does not exceed 1,000 feet; and WHEREAS, the governing body of Corinth has approved the form of the Agreement and has duly executed the same in Exhibit A; and WHEREAS, Denton's City Council finds that the Agreement and the adjustment to the mutual boundary is in the public interest for the health, safety and welfare of residents; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council of the City of Denton hereby confirms and approves the Agreement attached as Exhibit A and authorizes the Mayor, or his designee, to enter into the Agreement on behalf of the City of Denton, Texas. SECTION 3. This Ordinance has been twice read after published notice in compliance with Denton City Charter Section 1.03 prior to its passage. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or unlawful, such holding shall not affect the validity of the remaining provisions of this Ordinance. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the kday of ___ ............ . 2015. r j .,.. /Itk ..... . . . . ...... ...... Cl1 i`ps WATI " °PS, AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY _ �I,; IL �` n.�... Exhibit A ORDINANCE NO. 14- 08 -21 -30 BOUNDARY LINE ADJUSTMENT AGREEMENT THIS AGREEMENT is made and entered in to by and between the CITY OF DENTON, TEXAS, hereinafter referred to as "Denton ", and the CITY OF CORINTH, TEXAS, hereinafter referred to as "Corinth ". WHEREAS, pursuant to §43.031 of the Texas Local Government Code, Denton and Corinth desire to adjust their boundary line; and WHEREAS, the land affected by this change is less than 1,000 feet in width; and WHEREAS, the governing bodies of Denton and Corinth find that adjusting their mutual boundary is in the public interest. NOW THEREFORE, in consideration of the mutual covenants, conditions, and promises expressed herein, Denton and Corinth agree as follows: SECTION I. Future Mutual Boundary Denton and Corinth hereby agree that their future mutual boundary shall be as described as the "Revised City Limits Line" in Exhibit "A ", which is attached hereto and made a part of hereof by reference. In this regard, each waives, releases and relinquishes its jurisdictional rights to the other with respect to the side of the Revised City Limits Line that is located in the other City's future territory as described on Exhibit "A ". It is expressly agreed that this waiver and release shall only operate in favor of Denton and Corinth, and shall not constitute a waiver or release of any right which Denton and Corinth may be able to assert against another municipality. SECTION II. Jurisdiction over Connections and Connectivity along Winston Drive Developments within Denton's adjusted city limits which front the Revised City Limits Line shall comply with Denton's subdivision regulations and standards, specifically including, but not limited to, development standards and design criteria which prescribe the necessity and location of connections to the Winston Drive. However, Corinth shall retain exclusive jurisdiction and control over Winston Drive, and the design, construction and permitting of any connections thereto, including those connections required by Denton for subdivisions within Denton's city limits. Corinth shall not unreasonably withhold permits or permanent (as appropriate) connection to Winston Drive. Upon satisfactory completion of such connection(s) to Corinth's specifications, Corinth shall notify Denton's City Engineer, and such notification shall be considered by Denton as satisfactory of the connection requirement. ORDINANCE NO, 14 -08 -21.30 Boundary Adjustment — Corinth _Denton Winston Drive Page 2 of 5 SECTION III. Severability Should any provision of this Agreement be declared void by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect. SECTION IV. Approval by Governing Bodies Denton and Corinth represent to each other that their respective governing bodies have approved this Agreement by ordinance or resolution as set forth below. SIGNED this day of, ,,'-Ft .� . ...... ..... CITY OF DENTON, TEXAS CHRIS WATTS, .. jyNW4✓ TS, MAYOR ATTEST: JN I 1 TERS, CITY SECRETARY IM APPROVED AS TO LEGAL FORM: o f � II I A I I l S °, CI "I Y AT°I O1:NF: f APPROVED BY DENTON ORDINANCE NO.��" ORDINANCE NO. 14- 08 -21-30 Boundary Adjustment — Corinth—Denton Winston Drive Page 3 of 5 (," � x] N OF CORINTH, TEXAS ... J f..� f, RUGGIE........ r W 'JV40s #I L +x " "�fi� ATTEST. ECRETARY APPROVED AS TO LEGAL FORM: DE13IZ.A A. D YO ITCJJw 6f`f "Y ATTORNEY ms N k -, � cl�d o q L. I i will 1� :3 — Ix rw z LC MFz it z 0 0 OL, LU C, Pil u, "C YCJ z <0,0 o t� a -6 p N k -, � cl�d o q L. I i will 1� :3 — Ix & d LC :oj it 0 OL, -O 0 V 3000AA Pil u, w o YCJ z <0,0 o t� a -6 p 13 ul U) 0 w OF Z 04 w llY I m/- LLJ W ui 0 0 0 C9 0 0 w. I I & LC 169 0 OL, -O 0 V 3000AA 0<0 w o YCJ z z p 13 0 "I 'a" I I LC 0 0<0 p 3d d0 Ally 0 "I 'a" I I Site Location / Notification Map N U�� o ioo soa aoa SITE W E Parcels Roads ' DEN TON lanai nuuIng ICDeparr %.irnroeint a US Denton City Limits - - -] Date: 7/16/2015 IThe City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. NOTICE OF PUBLIC HEARING Z15 -0021 and FR13 -0032 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, July 22, 2015, and consider: 1. Making a recommendation to City Council regarding amending a Detailed Plan for a single family development located within a Planned Development (PD -12) zoning district; and 2. A Final Replat of Lots 1 through 9, Block B of the Winston Addition; being a residential replat of Tract A of the Wimbleton Village, Phase I. The purpose of the replat is to subdivide the property and create nine (9) lots of record for a single - family development. The subject property is generally located on the north side of Winston Drive, approximately 139 feet east of the corner of Waterford Way and Winston Drive. Please refer to the City's website (see link below) for staff's analysis. The staff analysis will be posted on Friday, July 17, 2015: v The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in- person: Planning and Development Department Attn: Ron Menguita, Project Manager 221 N. Elm ST Denton, Texas 76201 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Reasons for Opposition: Signature: Printed Name: Mailing Address: m City, State Zip: Telephone Number: Address of P CITY OF E Neutral o request Opposed to re quest EM _. ..... ._..- _ . ......W a1y within 200 feet,, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 1 2 DRAFT Minutes DRAFT 3 Planning and Zoning Commission 4 July 22, 2015 5 6 After determining that a quorum was present, the Planning and Zoning Commission convened a 7 Work Session on Wednesday, July 22, 2015 at 4:00 p.m. in the City Council Work Session Room 8 at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items were 9 considered: 10 11 PRESENT: Chair Thom Reece. Commissioners: Frank Conner, Amber Briggle, Jim 12 Strange, Brian Bentley, Devin Taylor, and Frank Dudowicz. 13 14 ABSENT: None. 15 16 STAFF: Athena Green, Darren Groth, Earl Escobar, Ron Menguita, Aimee Bissett, 17 Munal Mauladad, Aaron Leal, and Jennifer DeCurtis. 18 19 20 Vice -Chair Conner called the meeting to at 4:00 p.m. Conner called the Closed Meeting to order 21 at 4:01 p.m. The Closed Meeting ended at 5:05 p.m. Conner opened the Work Session at 5:05 p.m. 22 23 CLOSED MEETING 24 1. Consultation with Attorneys —Under Texas Government Code Section 551.071. 25 A. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice - versa; current and proposed extension to moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative ordinance and pending litigation styled George P. Bush, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. 15- 02058 -362 currently pending in the 362nd District Court of Denton County and Texas Oil and Gas Association v. City of Denton, Cause No. 14- 08933 -431 currently pending in the 431st District Court of Denton County regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 26 27 The Closed Meeting was held from 4:01 -5:05 p.m. 28 WORK SESSION 3. Hold a discussion on complementary amendments to the Denton Development Code, specifically Subchapters 5, 7, 16, and 22, relating to Gas Well Drilling and Production, Definitions, and Procedures, in light of City Council's action to remand DCA14 -0009 back to the Planning and Zoning Commission after the Governor signed House Bill 40 into law on May 18, 2015. (Darren Groth) 3 4 Munal Mauladad, Assistant Director of Planning and Development, stated Work Session Item 3 5 would be heard before the other agenda items. 6 7 Darren Groth, Gas Well Administrator, provided the background for the request. House Bill 40 8 was signed by Governor Abbott on May 18, 2015. The authority of a municipality or other political 9 subdivision to regulate an oil and gas operation is expressly preempted. Groth stated unless the 10 activity falls under narrowly drawn exceptions and the regulation meets a 4 -part test. He provided 11 examples of House Bill 40 Preempted oil and gas operational activities. 12 13 Groth stated if this Commission takes action on this request tonight, than City Council will hear 14 the item and potentially adopt the ordinance by August 4, 2015. The Moratorium expires on August 15 18, 2015. 16 17 Groth provided information on existing setbacks and proposed setbacks. He provided the proposed 18 additional definitions to be added to the Denton Development Code. 19 20 Commissioner Strange requested a Reverse Setback map, which provided the buffer setbacks from 21 the well head and the site pad. Groth provided a new map drafted for the request. Groth also 22 provided a map identifying all of the gas well sites in Denton. 23 1. Clarification and discussion of agenda items listed in the Regular Session agenda for this meeting, and discussion of issues not briefed in the written backup materials. 24 25 Ron Menguita, Development Review Administrator, questioned if clarification was needed on any 26 of the agenda items. There was no discussion held. 27 2. Receive a report and hold discussion on the implementation of the Travel Demand Model of the Denton roadway system, and the resulting proposed updates to the current Mobility Plan. (P.S. Arora) 28 29 P.S. Arora, Wastewater Division Manager, stated there are also two engineers present with 30 Kimley -Horn and Associates. Arora provided information for the Future Land Use Plan, existing 31 Mobility Plan and changes to the Mobility Plan. Arora provided a map that included the proposed 32 additions for new roadways and future growth areas. The Mobility Plan has to be updated every 33 five years per the state law. He provided the updates and realignments of the streets. 34 35 Commissioner Taylor referred to the Future Land Use Map and the Traffic Demand Model. Taylor 36 questioned what road classifications in the rural areas. P. S. Arora stated they are based on the land 2 I use. Commissioner Taylor questioned if the rural areas would be considered low impact areas. 2 Arora confirmed, if someone is trying to develop in the "green" areas, than there would be more 3 involved than just paying the road impact fees. 4 5 Commissioner Bentley referred to the Proposed Additions map provided by Arora. Bentley 6 questioned if the map would be tied to the approval process for the impact cost. He questioned 7 what would stop the potential development within the area of one of the proposed streets. P. S. 8 Arora stated the applicant would have to go through the Development Review Committee (DRC) 9 process. The DRC Engineer would review the Mobility Plan during the project review process. 10 The provided map is not a final alignment. 11 12 Commissioner Dudowicz questioned where in the process does this Commission or someone 13 reviewing the plans take a look at points of egress and ingress. P. S. Arora stated most of the new 14 capacity addition is done through the bond election process. There is a Bond Committee in place 15 that was setup by City Council that works with the Engineering Department. The Bond Committee 16 looks at the cost of the plans as well. Arora stated it doesn't go before this Commission. 17 18 Commissioner Strange questioned if there is a notification process that notifies residents of a 19 proposed street or street amendments. Arora stated there are normally neighborhood meetings 20 held. 21 22 Commissioner Dudowicz would like to see the process that allows citizens to see the updates 23 before they have been finalized. He would like to see this Commission review these plans in 24 addition to the Bond Committee and City Council. 25 26 P. S. Arora provided information on the Context Sensitive Solutions definition along with the 27 Denton proposed Context zones map. He provided the proposed typical street options that included 28 primary and secondary arterial street options with buffers, sidewalks, bicycle lanes, and street 29 lanes. 30 31 Commissioner Bentley discussed the opportunity to have the bicycle lanes in the middle of the 32 street for a combined two -lane road, versus having a bicycle lane on both sides of the street and 33 sidewalks on both sides of the street. Chair Reece stated some of these items should be reviewed 34 and brought back before this Commission. 35 1. PLEDGE OF ALLEGIANCE: 36 A. U.S. Flag B. Texas Flag, "Honor the Texas Flag — I pledge allegiance to thee, Texas one state under God, one and indivisible." 37 38 REGULAR MEETING 39 40 The Planning and Zoning Commission convened a Regular Meeting of the Planning and Zoning 41 Commission of the City of Denton, Texas which was held on Wednesday, July 22, 2015 and 42 began at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time 3 I the following items were considered: 2 3 Chair Thom Reece called the Regular Meeting to order at 6:30 p.m. 4 5 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR: A. June 17, 2015 6 Commissioner Devin Taylor motioned, Commissioner Frank Conner seconded to approve the June 7 17, 2015, meeting minutes. Motion approved (7 -0). Chair Thom Reece, "aye ", Commissioner 8 Amber Briggle, "aye ", Commissioner Brian Bentley, "aye ", Commissioner Jim Strange, "aye ", 9 Commissioner Frank Dudowicz, "aye ", Commissioner Devin Taylor, "aye ", and Commissioner 10 Frank Conner, "aye ". 11 B. July 8, 2015 12 13 Commissioner Frank Conner motioned, Commissioner Devin Taylor seconded to approve the July 14 8, 2015 meeting minutes. Motion approved (6 -0 -1). Chair Thom Reece, "aye ", Commissioner 15 Brian Bentley, "aye ", Commissioner Jim Strange, "aye ", Commissioner Frank Dudowicz, "aye ", 16 Commissioner Devin Taylor, "aye ", and Commissioner Frank Conner, "aye ". Commissioner 17 Amber Briggle abstained. 18 3. PUBLIC HEARINGS: 19 A. Hold a public hearing and consider making a recommendation to City Council regarding _ amending a Detailed Plan for a single family development zoned Planned Development 12 (PD -12). The approximately 1.37 acre property is generally located on the north side of Winston Drive, approximately 139 feet east of the corner of Waterford Way and Winston Drive. (Z15 -0021, Winston Addition, Ron Menguita) 20 21 Ron Menguita, Development Review Administrator, provided the detailed plan, location map, 22 zoning map, and Future Land Use Map. Staff sent out 14 Public Hearing notices to property owners 23 within 200 feet of the subject site and 34 courtesy notices to property owners within 500 feet of 24 the subject site. At this time, staff has not received any returned responses. Staff recommends 25 approval of this request. The applicant is present. 26 27 Chair Thom Reece opened the public hearing. There was no one to speak, Chair Thom Reece 28 closed the public hearing. 29 30 Commissioner Frank Conner motioned, Commissioner Jim Strange seconded to approve this 31 request. Motion approved (7 -0). Chair Thom Reece, "aye ", Commissioner Amber Briggle, "aye ", 32 Commissioner Brian Bentley, "aye ", Commissioner Jim Strange, "aye ", Commissioner Frank 33 Dudowicz, "aye ", Commissioner Devin Taylor, "aye ", and Commissioner Frank Conner, "aye ". 34 4 B. Hold a public hearing and consider a Final Replat of Lots 1 through 9, Block B of the Winston Addition, being a residential replat of Tract A of the Wimbleton Village, Phase I, and being 5.89 acres out of the Gideon Walker Survey, Abstract No. 1330 and the M.E.P. & P.R.R. Survey, Abstract No. 950. The approximately 5.89 acre property is generally nerally located on the north side of Winston Drive, approximately 139 feet east of the corner of Waterford Way and Winston Drive and is located within a Planned Development (PD -12) zoning district. (FR13 -0032, Winston Addition, Ron Menguita) 2 Ron Menguita, Development Review Administrator, provided the background on the request and 3 the plat. Staff recommends approval of this request, the applicant is present. 4 5 Commissioner Taylor questioned the difference in the grey shading on the plat. Menguita informed 6 Taylor of the different flood plains. 7 8 Chair Thom Reece opened the public hearing. There was no one to speak, Chair Thom Reece 9 closed the public hearing. 10 11 Commissioner Frank Dudowicz motioned, Commissioner Jim Strange seconded to approve this 12 request. Motion approved (7 -0). Chair Thom Reece, "aye ", Commissioner Amber Briggle, "aye ", 13 Commissioner Brian Bentley, "aye ", Commissioner Jim Strange, "aye ", Commissioner Frank 14 Dudowicz, "aye ", Commissioner Devin Taylor, "aye ", and Commissioner Frank Conner, "aye ". 15 C. On remand from City Council, hold a public hearing and consider a recommendation to City Council regarding amendments to the Denton Development Code (DDC), specifically Subchapters 5, 7, 16, and 22, relating to Gas Well Drilling and Production, Definitions, and Procedures. (DCA 14 -0009, Subchapter 22, Darren Groth) 16 17 Anita Burgess, City Attorney, stated there is a time press on this request. 18 19 Darren Groth, Gas Well Administrator, provided the background for the request. House Bill 40 20 was signed by Governor Abbott on May 18, 2015. The authority of a municipality or other political 21 subdivision to regulate an oil and gas operation is expressly preempted. Groth stated unless the 22 activity falls under narrowly drawn exceptions and the regulation meets a 4 -part test. He provided 23 examples of House Bill 40 Preempted oil and gas operational activities. 24 25 Groth stated if this Commission takes action on this request tonight, than City Council will hear 26 the item and potentially adopt the ordinance by August 4, 2015. The Moratorium expires on August 27 18, 2015. 28 29 Groth provided information on existing setbacks and proposed setbacks. He provided the proposed 30 additional definitions to be added to the Denton Development Code (DDC). 31 32 Jennifer DeCurtis, Deputy City Attorney, stated there is a typo to staffs recommendations. The 33 section is referred to as Section 35.22.5 of the DDC. She stated that should be Section 35.22.1 of 34 the DDC. Groth stated he would make the correction. 35 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Commissioner Conner provided an example of a gas well site map from 2003. Commissioner Strange and Commissioner Conner discussed the setback differences. DeCurtis stated all of the staff recommended changes would be provided on the City's website Thursday, July 23, 2015. Commissioner Strange requested a Reverse Setback map, which provided the buffer setbacks from the well head and the site pad. Groth provided a new map drafted for the request. Groth also provided a map identifying all of the gas well sites in Denton. Commissioner Strange thanked Groth for providing the requested maps. Chair Thom Reece opened the Public Hearing. He requested Legal to provide clarification on citizens combing their time to speak on the item. Anita Burgess, City Attorney, deferred to DeCurtis. DeCurtis provided requirements for combined discussion time. The following individuals spoke during the public hearing. Charles Brown, 2908 Pennsylvania Drive, Denton, Texas. Brown stated he has concerns with the potential setbacks. He stated he purchased a property previously that is located approximately 580 feet away from the well head. Brown stated after speaking with City staff he was informed he wouldn't be able to develop the potential single- family assisted living on the rezoned Neighborhood Residential Mixed Use site. Brown stated he would like to be able to develop on this land. Chair Reece stated staff can reach out to Charles Brown to provide additional clarification. Commissioner Taylor provided clarification on the proposed setbacks and what Brown would be able to do on his site. Charles Brown stated he would be in favor of this request if he is able to develop on his land. Michael Hennen, 724 Thomas Street, Denton, Texas. Opposed to this request. Charles Pierce, 3712 Lynchburg Drive, Denton, Texas. Opposed to this request. Dalton Allen, 111 Lexington Lane, Denton, Texas. Opposed to this request. Ed Ireland, 777 Taylor Street, Suite 900, Fort Worth, Texas. Opposed to this request. Alison Trapp, 3437 Crisoforo, Denton, Texas. Opposed to this request. Todd Ellis, 3437 Crisofor, Denton, Texas. Opposed to this request. A.C. Adam, 1806 Andover Lane, Corinth, Texas. Opposed to this request. Linda Cole, 6376 Jim Christal Road, Denton, Texas. Opposed to this request. Sharon Spiess, 7501 Stallion Street, Denton, Texas. Opposed to this request. Chris Rosprim, 2113 Emerson Lane, Denton, Texas. In favor of this request. Gilbert Horton, Devon Energy, 1209 CR 1304, Bridgeport, Texas. In favor of this request. Gene Price, 725 Chisholm Trail, Denton, Texas. Opposed to this request. Jerry Yensan, 4238 I -35 N, Denton, Texas, Yensan spoke for Luisa Feniz, 3500 E. McKinney Street 44204, Denton, Texas. Yensan spoke in regards to the reverse setbacks. He discussed Feniz trying to replat their land for church property. Commissioner Strange 11 I stated the Commission struggled with the discussion of future wells and setbacks versus 2 existing wells and setbacks. 3 4 Commissioner Bentley discussed Devon Energy drilling within dense areas. Gilbert Horton, 5 Devon Energy, stated Devon operates approximately six to seven thousand wells, approximately 6 1,000 -1,500 of those are in the North Texas area. Commissioner Bentley questioned what Horton 7 would propose for equal setbacks. Gilbert Horton stated they would need to be in compliance with 8 state requirements. 9 10 There was no further discussion, Chair Thom Reece closed the public hearing. Chair Reece called 11 a break from 8:34 p.m. to 8:49 p.m. 12 13 Commissioner Briggle questioned drilling times. Darren Groth, Gas Well Administrator, stated 14 drilling is allowed 24 hours a day seven days a week, he added that hydraulic fracturing is only 15 allowed during working hours for hydraulic fracturing. 16 17 Commissioner Briggle discussed inspections. Groth stated all items that have been discussed 18 require inspections. There is a Gas Well Inspector that handles all of the inspections. 19 20 Commissioner Taylor discussed access limitations to the sites. Anita Burgess, City Attorney, stated 21 in regards to the Denton Municipal Electric comments having access to enter private property; 22 there is a provision in the state law that relates to utility departments that allows their staff to enter 23 private property in order to complete an inspection and /or to remedy any issues. Burgess stated in 24 the event there is a locked property the inspector should get with the Legal Department to gain 25 access or a search warrant. 26 27 Commissioner Dudowicz discussed the Fire Marshal having more restriction to access a site. Anita 28 Burgess, City Attorney, stated she attended the hearings in Austin, Texas, where there was 29 discussion from the Texas Legislator with the desire to make sure that first responders had access 30 to the gas well sites. 31 32 Commissioner Strange stated he supports this request, which includes the clean version and the 33 marked up version. Commissioner Strange thanked staff for their hard work on this project. 34 Commissioner Conner thanked staff as well and stated he would like to make a motion. 35 36 Commissioner Conner motioned to approve this request based on staff s recommendations and to 37 add the Texas Commission Environmental Quality contact information to the emergency contact 38 signage at the gas well sites. Commissioner Briggle stated the information from Section 39 35.22.2.3.b of the Denton Development Code should be added to the signage. Commissioner 40 Conner confirmed. 41 42 Commissioner Bentley stated there are still a lot of concerns with this ordinance; which also 43 include health concerns. He stated there are mineral owner's rights, property owner's rights, as 44 well as surface owner's rights. There are a lot of individuals that could be effected. 45 7 I Commissioner Taylor stated he would like to motion to separate the items into individual votes. 2 Commissioner Briggle stated she would second. Jennifer DeCurtis, Deputy City Attorney stated 3 that would be a Superior Motion to the main motion. 4 5 Commissioner Devin Taylor motioned, Commissioner Amber Briggle seconded the Superior 6 Motion to split the item into several votes. Motion failed (3 -4). 7 8 Commissioner Briggle stated she doesn't feel that the setback distance is far enough. 9 Commissioner Dudowicz stated this Commission has discussed the setbacks for several meetings 10 and has even made comparisons to the City of Fort Worth's setbacks. There were a lot of struggles 11 in the decision for the setback distance. 12 13 Commissioner Bentley had two recommendations for staff. 1. staff should explore a variance 14 process for reverse setbacks other than a hard number of 225 feet to allow some procedure to grant 15 a few feet, and; 2. to consider fencing options, berms, or landscaping as alternatives to a `concrete' 16 [masonry] wall. 17 18 Commissioner Frank Conner motioned, Commissioner Jim Strange seconded to approve the Gas 19 Well Ordinance as drafted by staff, including staff amendments, as well as the following 20 amendments: 21 22 1. Under Section 35.10.2 of the Denton Development Code (DDC) to amend Section B.1 on page 23 one (1) to make the Drilling and Production Site Setback 750 feet, the Reverse Setback 225 feet 24 and the Minimum Setback 500 feet; and to amend Section B.2 on page two (2) to make the Drilling 25 and Production Site Setbacks 500 feet, the Reserve Setbacks 225 feet and the Minimum Setbacks 26 350 feet; and to amend Section B.3 on page two (2) to make the Drilling and Production Site 27 Setback 225 feet, the Reverse Setbacks 225 feet and the Minimum Setbacks 225 feet; and to amend 28 Section C on page two (2) for Gas Well Sites to have Setbacks and Reverse Setbacks in Industrial 29 Center Districts of 225 feet and minimum setbacks to 225 feet, and, for all other zoning districts, 30 the reserve setback to be 500 feet and the minimum setback to be 225 feet; and 31 32 2. Under Section 35.5.10.3 of the DDC, to amend Section A.5 on page two (2) by removing the 33 procedures for reduction of Reverse Setbacks entirely and amending any and all other necessary 34 sections to reconcile the ordinance to this policy; and 35 36 3. Under Section 35.5.10.6 of the DDC, to amend Section A.2 on page one (1) by removing the 37 procedures for operator waivers and renumber the paragraphs accordingly; and to amend Section 38 b.2.a.iv to remove the section entirely; and 39 40 4. Under Section 35.22.2 of the DDC, to amend Section G.2 on page 14 by removing the Enhanced 41 Standards for Surface Developers entirely. 42 43 5. All Gas Well signage should include the contact information and phone number for the Texas 44 Commission on Environmental Quality. E3 I Motion approved (7 -0). Chair Thom Reece, "aye ", Commissioner Amber Briggle, "aye ", 2 Commissioner Brian Bentley, "aye ", Commissioner Jim Strange, "aye ", Commissioner Frank 3 Dudowicz, "aye ", Commissioner Devin Taylor, "aye ", and Commissioner Frank Conner, "aye ". 4 D. Hold a public hearing and consider making a recommendation to City Council re _ ar�g repealing Ordinance Nos. 2010 -158, 2011 -225, 2009 -169, 2009 -117, 2008 -319, 2008 -316, 2008 -284, 2008 -018, 2007 -110, 2007 -109, and 2007 -068 regarding the creation and regulation of the " Rayzor Ranch Overlay District ", re- establishing the new " Rayzor Ranch Overlay District Zone," generally located on aproximately the same 410 acres of land existing on both sides of US Route 380 and between IH -35 and Bonnie Brae Street in order to provide for the efficient regulation of land uses and development standards; rezoning the underlying _ zoning oning classifications for all zones in the district to an RCC -D zoning district, except for Zone 2, as indicated herein, rezoning the underlying zoning classification for Zone 2 to NRMU, NRMU -12, and NR -3 as indicated herein, amending Chapter 35, Subchapter 7 of the City of Denton Development Code to remove the former " Rayzor Ranch Overlay District" and replace it with the new " Rayzor Ranch Overlay District Zone ". (SI15 -0016, Rayzor Ranch Overlay District, Sophie Huemer) This item has been withdrawn. 5 Chair Thom Reece stated this item has been withdrawn. 6 E. Hold a public hearing and consider making a recommendation to City Council re _ ar�g amending the Planning and Development Department Development Review Fee Schedule. (SI15 -0018, Ron Menguita) This item has been withdrawn. 7 8 Chair Thom Reece stated this item has been withdrawn. 9 10 11 12 13 14 15 16 17 18 19 20 21 4. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission 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. Commissioner Strange requested a status update on the I -35 expansion progress; Munal Mauladad, Assistant Director of Planning and Development, stated staff is working on the requests. Commissioner Dudowicz requested to receive an updated copy of the matrix at each upcoming meeting. Munal Mauladad stated staff will provide updated copies of the matrix. Commissioner Dudowicz requested discussion on this Commission being involved in the mobility process for future street developments. There was no further discussion, Chair Thom Reece adjourned the Regular Meeting at 9:52 p.m. p] SAL,egal\Our Documents\0rdinances\1 5\7,15-0021.docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING AN AMENDMENT TO A DETAILED PLAN FOR A SINGLE FAMILY DEVELOPMENT WITHIN A PLANNED DEVELOPMENT 12 (PD-12) DISTRICT ZONE ON AN APPROXIMATELY 1.37 ACRES OF PROPERTY, GENERALLY LOCATED ON THE NORTH SIDE OF WINSTON DRIVE, APPROXIMATELY 139 FEET NORTHEAST OF THE CORNER OF WATERFORD WAY AND WINSTON DRIVE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z15-0021) WHEREAS, on June 3, 1986, the City Council approved a Concept Plan and development standards for approximately 74.8 acres of land within the Planned Development 12 (PD -12) zoning district, as more particularly described therein ("Concept Plan"); and WHEREAS, on October 21, 2014, the City Council approved a Detailed Plan to construct a single-family development consisting of at least eight (8) residential lots on approximately 1.37 acres of land (the "Detailed Plan"), generally located on the North side of Winston Drive, approximately 139 feet Northeast of the corner of Waterford Way and Winston Drive in the City of Denton, Denton County, Texas, and legally described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, after discovering that approximately 0.29 acres of the Property were not included in the City of Denton but were included in the Concept Plan, the City Council approved a Boundary Adjustment Agreement Ordinance to adopt an agreement with the City of Corinth in order to incorporate the approximately 0.29 acres of land into the City on June 16, 2015 ("Boundary Agreement"); and WHEREAS, Graham Mortgage Corp. applied for an amendment to the Detailed Plan for a single family development within the Planned Development 12 zone to accurately reflect the approximately 0.29 acres of land in the Boundary Agreement which is included in the 1.37 acres of land on the Property, said Amended Detailed Plan is attached as Exhibit "B" hereto and made a part hereof by reference (the "Detailed Plan Amendment"); and WHEREAS, on July 22, 2015, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (7-0) of the Detailed Plan Amendment; and WHEREAS, on September 1, 2015, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 35.3.4 of the Denton Development Code and the laws of the State of Texas, and is consistent with the Denton Plan and the Denton Development Code; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for the Detailed Plan Amendment, have determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, said amendment should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the prearnble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The Detailed Plan for the Property is hereby amended as attached in Exhibit [a SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY rom, APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY / L Exhibit A PROPERTY DESCRIPTION Whereas Winston 4 Development, LLC., is the owner of all that certain tract of land situated in the City of Denton, Denton County, Texas and in the M.E.P. & P. R.R. Survey, Abstract Number 950 and the Gideon Walker Survey, Abstract Number 1330, Denton County, Texas, recorded in County Clerk File Number 2013-121526, Real Property Records, Denton County, Texas and being more particularly described as follows: BEGINNING at a '/;, inch iron rod found on the North line of Winston Drive a (60 foot right-of-way) for the Southeast corner of Lot 1, Wimbleton Village Phase 1, an addition to said City, according to the Plat thereof recorded in Cabinet C, Page 31, Plat Records, Denton County, Texas; THENCE North 25 Degrees 09 Minutes 37 Seconds East with the Southeast line of said Wimbleton Village a distance of 129.47 feet to a capped iron rod stamped "KAZ" set for the Northwest corner of the herein described tract; THENCE South 86 Degrees 58 Minutes 44 Seconds East departing said Southeast line a distance of 346.78 feet to a capped iron rod stamped "KAZ" set for corner; THENCE North 89 Degrees 09 Minutes 36 Seconds East a distance of 58.01 feet to a capped iron rod stamped "KAZ" set for corner; THENCE North 85 Degrees 21 Minutes 51 Seconds East a distance of 27.74 feet to a capped iron rod stamped "KAZ" set for the most Northern Northeast corner of the herein described tract; THENCE South 61 degrees 28 minutes 10 seconds East a distance of 36.96 feet to a capped iron rod stamped "KAZ" found; THENCE South 06 Degrees 32 Minutes 01 Seconds East a distance of 99,77 feet to a capped iron rod stamped "KAZ" set for Southeast corner of the herein described tract in the North right-of-way line of said Winston Drive and the beginning of a curve to the right with a radius of 995.87 feet a chord bearing Of South 88 Degrees 17 Minutes 25 Seconds West a distance of 167.49 feet; THENCE with said curve an arc distance of 167.69 feet to a 1/2 inch iron rod found for corner; THENCE North 86 Degrees 53 Minutes 09 Seconds West with the North line of said Winston Drive a distance of 363.94 feet to the PLACE OF BEGINNING and enclosing 1.37 acres of land more or less. M-1-1 III F,'.xliibit B - Detailed Plan U) m 1 -5 1 1 1 ;1 Tis 0 o' WOODAKE c, 0 7 i I 201.16'v Co Co r o rx 0 -4 rrt > > 0,0 0 m ON KN rc 1 -91 p 6, , , 0 0 m 0 Z Z 0. A N-4 � ___ _. � I rn I i � rn 'o Ej > 63jo,mg pl M :>' z Hi L Ma'S CD z 0 z !oil Detail Plan (Lot & House Pad La out ...... Winston Addition Detail Plan GREG EDwARDs ENGINEERING SERVICES, INC. Se G�E on :a EP.A. , P.E. lag, as .... � TX 7G251 01 71 a.ewavN° -1- yxniu Ll- 6 M + DO U) m 1 -5 1 1 1 ;1 Tis 0 o' WOODAKE c, 0 7 i I 201.16'v Co Co r o rx 0 -4 rrt > > 0,0 0 m ON KN rc 1 -91 p 6, , , 0 0 m 0 Z Z 0. A N-4 � ___ _. � I rn I i � rn 'o Ej > 63jo,mg pl M :>' z Hi L Ma'S CD z 0 z !oil Detail Plan (Lot & House Pad La out ...... Winston Addition Detail Plan GREG EDwARDs ENGINEERING SERVICES, INC. Se G�E on :a EP.A. , P.E. lag, as .... � TX 7G251 01 71 a.ewavN° -1- yxniu Ll- City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -776, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Denton Municipal Electric CM/ ACM: Howard Martin, 940 - 349 -8232 Date: September 1, 2015 SUBJECT Hold a public hearing and consider approval of a resolution for the proposed transmission route for construction, expansion, and use of electric power transmission lines, beginning at the Bonnie Brae Substation of Denton Municipal Electric and traversing along lines beginning from east of Bonnie Brae St., west of North Locust St., and terminating just south of Loop 288 at the North Lakes Substation, in the City of Denton, Denton County, Texas. BACKGROUND The Denton Municipal Electric (DME) Capital Improvement Plan includes a project to reconstruct its electric transmission system. Its current capacity is inadequate for expected future demand. Several potential paths between the Bonnie Brae substation and the North Lakes substation sites have been identified and shared with the community. DME held an open house to inform the community regarding the siting of the proposed transmission routes and received feedback. The meeting was held at the City of Denton Library (Northlake Branch) on the evening of June 29, 2015. OPTIONS I. Recommend that City Council approve one of the route options (blue, yellow, orange, green). 2. Do not recommend approval of a route option and direct that other actions be taken. 3. Table discussion and postpone it for another meeting. RECOMMENDATION In light of the recommendation of the Public Utilities Board, and the information received during the June 29th open house, DME recommends that the City Council approve the blue route (existing) to reconstruct this transmission path. ESTIMATED SCHEDULE OF PROJECT The current estimated construction start is the second quarter of 2016. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board held a public meeting on August 10'', 2015 to explore a recommendation for the route with public input. The PUB unanimously approved the `blue route' (along the existing one). City of Denton Page 1 of 2 Printed on 8/27/2015 File #: ID 15 -776, Version: 1 FISCAL INFORMATION The proposed substation project will be in the transmission category. These costs for transmission projects will ultimately be recovered through the Public Utility Commission transmission cost of service program (TCOS). EXHIBITS 1 - Resolution 2 - Project Information Sheet 3 - System Map 4 - Location Map 5 - Route Options Map 6 - Open House Report 7 - Comment Sheets 8 - PUB Public Hearing Minutes Respectfully submitted: Phil Williams General Manager, DME Prepared by: Smith Day Compliance Manager, DME City of Denton Page 2 of 2 Printed on 8/27/2015 SA1,ega1\0ur Docutnents\Resolutions\1 5\DME 1313 to NLTrans Line Project Resolution.doc EXI-11131T I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS REGARDING ESTABLISHMENT OF THE ROUTE OF THE DENTON MUNCIPAL ELECTRIC BONNIE BRAE TO NORTH LAKES TRANSMISSION LINE RE-BUILD PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Denton Municipal Electric ("DME"), the City's electric department, has announced that the necessity exists- for the re-build of the Bonnie Brae to North Lakes Transmission Line (the "Project") in order to properly serve future load and the needs of its customers; WHEREAS, in connection with this Project, over time DME staff has carefully examined a number of different routes in the northeast part of the City in order to determine an appropriate route, considering the cost, engineering factors, and also considering other relevant factors such as avoiding the taking of homes and the displacement of Denton residents for this Project to the extent reasonably possible; WHEREAS, DME conducted two open houses -- November 18, 2013 and June 29, 2015 - with advance notices made to its residents, in order to gauge the sentiment of the residents of the City, as well as to receive input from the residents; which meetings spurred dialog which assisted DME in arriving at its preferred recommendation; DME Staff also placed information, including possible alternate locations for the route, for public viewing on the City's website; WHEREAS, the Public Utilities Body ("PUB") heard the input of its ratepayers at a public hearing on August 10, 2015, considered the information and the preferred route recommendation provided to it by DME Staff, and after considering all of the facts and circumstances is of the opinion, and unanimously found that the route designated below is a feasible and cost-effective route for the Project; and WHEREAS, the City Council has had an opportunity to hear the input of its residents at a public hearing on September 1, 2015; and has considered the information and the preferred route recommendation by the PUB; and after considering all of the facts and circumstances is of the opinion, and the Council accordingly finds, that the route designated below is a feasible and cost- effective route for the Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council hereby approves that portion of the route for the Denton Municipal Electric Bonnie Brae to North Lakes Transmission Line Re-Build Project as depicted on the Map attached as Exhibit "A". The City Council further directs staff to route that portion of such transmission line in substantial accordance with the "Blue Alternative Route" as shown on the attached Exhibit "A". SECTION 2. The recitals set forth in the preamble to this resolution are hereby incorporated in and are made a part of this resolution for all purposes. SECTION 3. This Resolution shall take effect immediately from and after its adoption. PASSED AND APPROVED this the day of , 2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 00, CITY OF DENTONJEXAS CHRIS WATTS, MAYOR Page 2 Denton Municipal Electric City of Denton 1659 Spencer Road Denton, TX 76205 June 17, 2015 Project Information Reconstruction of the Bonnie Brae to North Lakes Transmission Line Description of the Proiect Denton Municipal Electric (DME) has identified several projects that are critical to maintaining reliability and for providing the electrical system infrastructure necessary to allow Denton to continue to grow. Reconstruction of the Bonnie Brae to North Lakes transmission line is one project that is necessary. Information on this project is presented herein (see attached map for project location and options). The project consists of the following stages: ■ Reconstructing the existing 69kV transmission line that extends along Bonnie Brae Street from the Bonnie Brae Substation (located on the west side of Bonnie Brae approximately 1/8 mile south of West University Drive) to the North Lakes Substation (located northeast of the intersection of Bonnie Brae and Riney Road). ■ Extending the transmission line to the new North Lakes Substation site. Several alternative routes have been considered for reconstruction of the transmission line. All facilities will be owned and operated by DME. Why is the Proiect needed? State and federal laws mandate specific and well defined performance requirements for utility transmission systems. DME must insure that all components of its transmission system meet these requirements for regulatory compliance and, more importantly, to maintain the highest levels of reliability and electric service for our customers. Annual studies are completed to determine whether or not each transmission line segment and substation section provide the performance required by the rules. If performance deficiencies are identified, projects that resolve the deficits must be defined and constructed. In determining a solution for a deficiency, alternatives are considered that take into account benefits, impacts, and costs. The existing transmission line between the Bonnie Brae Substation and the North Lakes Substation is 69kV and was originally constructed in the early to mid 1960's. The original Project Information June 17, 2015 Bonnie Brae to North Lakes Transmission Line Reconstruction conductor is still in use and must be replaced because of age. Analysis has shown that the capacity of the line must be increased. Outages of certain other transmission lines could cause overloads on this line. Further, to support future growth and reliability needs, and because of lower costs, DME has determined that the 69kV system should be converted from 69kV to 138kV. To increase the capacity and provide the capability to increase the operating voltage to 138kV, it is necessary to reconstruct the line with an upgraded conductor. The existing poles do not possess the strength to support the new and larger conductors and are not tall enough to provide the height clearance needed for the higher voltage. Transmission Line Options The existing transmission line route is the shortest distance between the Bonnie Brae and North Lakes substations. A significant portion of the line resides on City of Denton land. The line must continue to terminate in both the Bonnie Brae and the North Lakes substations. DME has examined alternatives to the existing route. These are shown on the attached drawing. Continuing to use the existing route along Bonnie Brae is the least -cost alternative. The Site Selection Process The analysis phase of project development only identifies that a project is needed, what the project should accomplish, and a potential area for the needed project. It does not mandate the use of a transmission line route. The route selection process, which includes requesting public input, is employed to assist with determining the locations for transmission lines. Alternatives have been identified for the transmission reconstruction and are depicted on the attached map. Identification of these sites is the starting point for the selection process. This open house is intended to communicate the need for the project and to provide an opportunity for individuals to learn about the project and make comments. Potentially affected land owners and those within 500 feet of any of the alternative routes have been notified by mail of the project and of the public open house. The City Council has approved the route selection process. This process presents the public with several opportunities to provide input. The first step is for DME to conduct an open house where information is made available on the proposed project, questions may be asked, recommendations can be made, and written or verbal comments may be provided. Interested individuals may also contact DME at any time. Contact information for DME is provided below and on the comment form handed out at the open house. After all comments received at the open house for a project are compiled, DME will consider all comments, complete additional reviews as appropriate, and will provide a recommendation to the Public Utilities Board (PUB). During its consideration of DME's proposal, the PUB will conduct a public hearing and direct DME to take additional actions or recommend a route for consideration by the City Council. During its consideration of the PUB's findings, the City Council will again conduct a public hearing to receive comments from interested residents. Ultimately, the City Council will select the route for the proposed transmission line construction. PJ Project Information June 17, 2015 Bonnie Brae to North Lakes Transmission Line Reconstruction DME will provide notice by mail for the open house and for the PUB and City Council public hearings. DME's contact for questions: Brian Daskam Energy Services Development Officer Phone: (940) 349 -7567 Email: Brian.DaskamLcityofdenton.com Timeline for the Proposed Facilities Following approval by the City Council of the proposed route, DME will undertake procurement of land or easements for the proposed facilities. The time required for purchase of the land is unknown at this time. Design of the transmission line will begin as soon as practical after it appears that land issues will be settled. DME would hope to have the reconstructed line in service before the end of 2016. Procurement of Land and Easements Land and easement procurement processes are governed by state laws and local ordinances such as Senate Bill 18. Once the City Council has approved the transmission line route, the procurement process will follow these requirements. The City will pay fair market prices for land and land rights. Fair market value is determined by conducting market studies and appraisals. Attachment: Location Map Pole Drawing Existing North Lake Substation in ff New North Lakes Site .., n Existing TM Line New N Lakes N wte S TM Line Routing Options Substation Brae ....... ....... 1 ..... A Segment Designation I 7 � if ------- 1n ........... .. H z y � y o o o M w �-d o � ,fib. N•y � .� J6 q Q� C b ca C 1 b O O "c) O' Q •� ❑ O �". V C 'bp ... a � bq to •"V+ bA cVC F F to M F ro C o o v o a v '5 �d z z O s0. C cOC 00 n V 8 X iC •� o a, o a��,� 1 ��yy Cq •'/�' •� � tV. N O tV-, V i~r .� O '� O O O ¢. � � � F � `� U N F •� � •,� • O z N W O w w Q � Q �.y 4.1 .m N C U C W W W .0 Q U O t 0 A O E O �! O W O to O a C3 ' U vni U 'g b rg ti V-• V b G' O V O' b O L O V V C� N w O "3 �.4E icd 7 o�yica � .0. }c3C A W A EuZL" o T, °WF 3 s •� M a c 0 d c m' c a 4. 4 y v v 0 0+ e a v m ria e Doti v e v q w � m° . a° / d0 i m E. 3 a ox t o I t o aac / o / s `•"y m Ear / % m w ' G4 ri rl ad / i a w a / i ya �° •C a '� rii niiiii...w....mmmowomm.n. M � W .. M M v'rLii M V] E1 ° Y t^°. 01 � a w w U U a M Q a n� ` e OC \ lower M u MTON P A L I L I C T R I C DENTON Exhibit 6 Open House Report Bonnie Brae to North Lakes TM Line Open House Report The Open House for the Bonnie Brae to North Lakes TM Line was held on the evening of June 29, 2015 at the North Branch Library from 6 p.m. to 8 p.m. The information for this Open House included the siting of the North Lakes TM Line. • 141 Open House notices mailed out • 18 people attended the meeting • 12 people filled out surveys • 12 people filled out comments with responses pertaining to the location of the Bonnie Brae to North Lakes TM Line. A summary of those comments is below. Orange Option Blue Option 'Yellow Option Green Option Strongly Oppose 11.76% '' 35.29% '' 17.65% 35.29% 2 ', 6 '. 3 t Oppose 50.00% ' 0.00% ' 50.00% 0.00% 0 1 t;Y Ambivalent or Undecided 50.00% ' 0.00% ' 0.00% 50.00% U 0 ' 0 1 Support 44.44% '' 11.11% '' 11.11% 33.33% 6 1 1 3 Strongly Support 26.67% 33.33% 40.00% 0.00% 4 ', 5 '. 6 0 Bonnie Brae to North Lakes Transmission Line C ("') IIM III'° ° "`IIl E rI'�I Collector: Embedded Survey 1 (Websfte Survey) Started: Monday, June 29, 2015 6:15:57 PM Last Modified: Monday, June 29, 2015 6:19:55 PM Time Spent: 00:03:58 IP Address: 71.170.47.194 :'IAGII:„ii' 1 Name R. Eric Fullerton Address 3015 N. Bonnie Brae City/Town Denton State/Province Tx Email Address tinedog@Gmaii.com Phone Number 940-566-1831 Are you a resident in the area of the planned Yes development? Do you understand why the Transmission Yes Line is needed? Are the exhibits and information presented Yes helpful for your understanding of the project? Do you believe all relevant factors are being Yes considered? Refer to the map above to evaluate the following options Orange Option Support 70, 010070=0 Yellow Option Green Option Strongly Oppose Strongly Support Support (".",f7� Do you have comments or special concerns Mainly keeping to one of the non blue optons that you would like the project team to know about works best for the good of the neighborhood or to take into consideration? 1/16 Bonnie Brae to North Lakes Transmission Line #2 C ("') IIM III° ° "`IIl E rI'�I Collector: Embedded Survey 1 (Websfte Survey) Started: Monday, June 29, 2015 5:20:01 PM Last Modified: Monday, June 29, 2015 6:19:56 PM Time Spent: 00:59:55 IP Address: 71.170.47.194 :'IAGII:„ii' 1 Name Maria Address Fullerton City/Town Denton State/Province tX Email Address marlarae68@gmaii.com Phone Number 9405661831 Are you a resident in the area of the planned Yes development? Do you understand why the Transmission Yes Line is needed? Are the exhibits and information presented Yes helpful for your understanding of the project? Do you believe all relevant factors are being Yes considered? Refer to the map above to evaluate the following options Orange Option Support 70, 010070=0 Yellow Option Green Option Strongly Oppose Strongly Support Support (".",f7� Do you have comments or special concerns Anything but Blue that you would like the project team to know about or to take into consideration? 2/16 Bonnie Brae to North Lakes Transmission Line #3 C ("') M� ��l E r�'�� Collector: Embedded Survey 1 (Vebo�teSumey) Started: Monday, June 2Q.2O155:21:ZOPM Last Modified: Monday, June 2Q.2O156:42:2QPM Time Spent: O1:21:OQ IP Address: 71.170.47.194 �AG:��' 1 Name d8bbi8COUinSvvOth Address 331ON bonnie brae City/Town d8ntOn State/Province tx Email Address nOrtexg8|@gnn8i|.COnn Phone Number 940-367-9309 Are you a resident in the area of the planned Yes development? Do you understand why the Transmission Yes Line isneeded? Are the exhibits and information presented Yes helpful for your understanding of the project? Do you believe all relevant factors are being Yes considered? Refer to the map above to evaluate the following options Orange Option Support 70, 010070=0 ("V� Do you have comments or special concerns that you would like the project team to know about or to take into consideration? Strongly Support nly house iSOn the corner Of bonnie brae and hn8ynd On blue line this line would run right over nny front door and | would b8 willing tO sell out for the right price. | think this would be the least costly for the city tOgO right down bonnie brae SOifthe price was right for moving i 8nn willing to r8|OC8t8. when bonnie brae iS widened and rin8yrdiS widened my property will b8shortened. 3/16 Bonnie Brae to North Lakes Transmission Line #4 C ("') IIM III'° ° "`IIl E rI'�I Collector: Embedded Survey 1 (Websfte Survey) Started: Monday, June 29, 2015 6:31:15 PM Last Modified: Monday, June 29, 2015 6:43:04 PM Time Spent: 00:11:48 IP Address: 71.170.47.194 :'IAGII:„ii' 1 Name Lupe Gonzales Address 2119 Riney Rd City/Town Denton State/Province Texas Email Address lupegonz@outlook.com Phone Number 940 594 0459 Are you a resident in the area of the planned Yes development? Do you understand why the Transmission Yes Line is needed? Are the exhibits and information presented Yes helpful for your understanding of the project? Do you believe all relevant factors are being Yes considered? Refer to the map above to evaluate the following options Orange Option Strongly Support 70, 010070=0 Yellow Option Green Option Strongly Support Strongly Oppose Strongly Oppose (".",f7� Do you have comments or special concerns I f you choose green you need to buy me out.My that you would like the project team to know about house is 8 feet from the green line. You need 75 or to take into consideration? feet for that is going thru my bedroom. 4/16 Bonnie Brae to North Lakes Transmission Line #5 C ("') M� ��l E r�,�� Collector: Embedded Survey 1 (Vebo�teSumey) Started: Monday, June 2Q.2O155:21:O7PM Last Modified: Monday, June 2Q.2O156:45:38PM Time Spent: O1:24:ZQ |P Address: 7117O471Q4 �AG��:��' 1 Name jO8yphC8 Address 2227hn8ynd City/Town d8ntOn State/Province tx Email Address jpriC81O18@y8hOO.COm Phone Number 9402180366 Are you a resident in the area of the planned Yes development? Do you understand why the Transmission Yes Line isneeded? Are the exhibits and information presented Yes helpful for your understanding of the project? Do you believe all relevant factors are being Yes considered? Refer to the map above to evaluate the following options Orange Option Strongly Support 70, 010070=0 Yellow Option Green Option (`V� Do you have comments or special concerns that you would like the project team to know about or to take into consideration? Strongly Oppose Strongly Oppose i think the orange line would b8 the best choice dO tO there isn't any homes around location for over an 8Cr8 On either side. but if the price is right i vvOu|d possibly consider selling my hOnn8 which is On the yellow line. this land has been innnyfamily for many years, i know at |88St over OO something years. but with my line ChOiC8 it wouldn't effect 8nyOn8S home OrChi|dr8n.th8nk you for listening to my opinion. but again if the price is right i m/Ou|d consider it 5/16 Bonnie Brae to North Lakes Transmission Line #6 C ("') M� ��l E r�'�� Collector: Embedded Survey 1 (Vebo�teSumey) Started: Monday, June 2Q.2O156:3Q:54PM Last Modified: Monday, June 2Q.2O156:4Q:1OPM Time Spent: OO:OQ15 IP Address: 71.170.47.194 �AG��:��' 1 Name Ch8d8SSCOt Address 33O5 Hardaway nd City/Town DENT[}N State/Province TX Email Address bbOut3@8O|.COm Phone Number 940-382=6508 Are you a resident in the area of the planned Yes development? Do you understand why the Transmission Yes Line isneeded? Are the exhibits and information presented Yes helpful for your understanding of the project? Do you believe all relevant factors are being Yes considered? Refer to the map above to evaluate the following options Orange Option Oppose 70, 01111--yel 011 mo Yellow Option Green Option Strongly Support Strongly Support Strongly Oppose K�7: Do you have comments or special concerns green line easement would take up most Ofnly that you would like the project team to know about b8Cky8nd.W1OSt |iN8yvvOu|d have to move an 16 orto take into consideration? by2O out building. | see nOnO8Vx8nt8g8inthe green line. The blue would b8 the cheapest tOrun and maintain 6/16 Bonnie Brae to North Lakes Transmission Line #7 C ("') M� ��l E r�'�� Collector: Embedded Survey 1 (Vebo�teSumey) Started: Monday, June 2Q.2O156:4Q:O5PM Last Modified: Monday, June 2Q.2O15715:4OPM Time Spent: OO:26:35 IP Address: 71.170.47.194 �AG��:��' 1 �I'l: Name and Address Name Address City/Town State/Province Email Address Phone Number Are you a resident in the area of the planned (")3� Do you understand why the Transmission Line is needed? Are the exhibits and information presented Do you believe all relevant factors are being considered? John & Dorothy Smith 33O9N Bonnie Brae 8t Denton TX dSmith3309@gm8iiCOm 940-387-6019 Yes Yes Yes NO (Additional Comments) The appearance Of high power lines in front Of our houses iS ugly, and not just tO the residents, but also to the aesthetic quality of major north/south artery serving UNT and access tO F{8yzOr Ranch. There iSnO doubt our property values will b8 compromised. VV8 are in favor Of the yellow and orange route, which will bypass all current residents and save the City COnSid8r8b|8 COStS. Refer to the map above to evaluate the following options Orange Option Strongly Support Yellow Option Green Option 7/16 Strongly Oppose Strongly Support Strongly Oppose Bonnie Brae to North Lakes Transmission Line UP Do you have coii,nii,nents or spedal concerns MoponrYnt Qjnwl NO that you would M%,e the �,))irojec",;t teaii,n to %,ii'ww,,.,,,,fl,,)jout (jucsffin� or to ta %,e iI rAo c.",;ory ldeir,,.,,�floii'n? Bonnie Brae to North Lakes Transmission Line #8 C ("') M� ��l E r�'�� Collector: Embedded Survey 1 (Vebo�teSumey) Started: Monday, June 2Q.2O155:37:OQPM Last Modified: Monday, June 2Q.2O157:4O:24PM Time Spent: O2:O314 |P Address: 7117O471Q4 �AG��:��' 1 N8nn8 SuS8nv8g8 Address 37138UiSOndrive City/Town d8ntOn State/Province tx Email Address SuS8npv8g861@y8hOO.COm Phone Number 9406007494 Are you a resident in the area of the planned NO development? Do you understand why the Transmission Yes Line isneeded? Are the exhibits and information presented Yes helpful for your understanding of the project? Do you believe all relevant factors are being Yes considered? Refer to the map above to evaluate the following options Orange Option Support Blue Option Support Yellow Option Support Green Option Support K�7: Do you have comments or special concerns | appreciate the team keeping us informed that you would like the project tgarntmknmvvabmut mrtm take into consideration? 9/16 Bonnie Brae to North Lakes Transmission Line #9 C ("') IIM III'° ° "`IIl E rI'�I Collector: Embedded Survey 1 (Websfte Survey) Started: Tuesday, June 30, 2015 9:57:34 AM Last Modified: Tuesday, June 30, 2015 10:01:18 AM Time Spent: 00:03:44 IP Address: 108.222.127.107 :'IAGII:„ii' 1 c"I'l Name and Address Name Address City/Town State/Province Email Address Phone Number Are you a resident in the area of the planned development? (")3� Do you understand why the Transmission Line is needed? Are the exhibits and information presented helpful for your understanding of the project? Do you believe all relevant factors are being considered? Marc McKinney P.O. BOX 486 Argyle TX 76266 972.369.2400 20 Other (please specify) Developer of property at 2101 Riney Rd. Yes Yes Yes Refer to the map above to evaluate the following options Orange Option Strongly Oppose 70, 010070=0 Yellow Option Green Option Strongly Support Strongly Oppose Strongly Oppose (".",f7� Do you have comments or special concerns I beleive the blue option provides the least that you would like the project team to know about expensive option since right of way is established or to take into consideration? and has been for many years. 10/16 Bonnie Brae to North Lakes Transmission Line #10 C ("') M� ��I E r�,�� Collector: Embedded Survey 1 (Vebo�teSumey) Started: Tuesday, June 3O.2O15117:37PM Last Modified: Tuesday, June 3O.2O152:O7:Z1 PM Time Spent: OO:4Q:44 IP Address: 96.226.99.241 �AG:��' 1 (111: Name and Address Name Address City/Town State/Province Email Address Phone Number Are you a resident in the area of the planned (`)3� Do you understand why the Transmission Line is needed? Are the exhibits and information presented Do you believe all relevant factors are being considered? Joyce Poole 5021 N. Bonnie Brae Denton TX amjal2@verizon.net 940-382-9662 Yes Yes Yes NO (Additional Comments) Future land development/uses occurring On Bonnie Brae from Hwy 277 all the way tO|-35will b88'g8t8vv8y' roadway that sets the 'tOn8'and 'innpr8SSiOn'Of our area and City. Visual image and sense Of esthetic value needs tOb8strongly considered. How this roadway 'looks' ; i8' is it leading to an "Industrial" part of town, OR leading tO well-planned future housing development and grOmth???A'pOSitiv8'feeling leading to the Razor Shopping Centers. 11/16 Bonnie Brae to North Lakes Transmission Line Refer to the map above to evaluate the following options Orange Option Ambivalent OrUndecided Yellow Option Strongly Oppose Strongly Support Other (please U the ~/8UOvv option is not acceptable to Razor Group, then please BURY these lines from Windsor Rd. north to the new substation. Above 8U' keep the transmission tOvv8rS OFF Bonnie Brae. P|8C8 as far to the back Of Razor property 8Spossible. K�7: Do you have comments or special concerns P|88S8 consider how your decisions will look and that you would like the project tgarnto know about impact this area's future growth and tax values. orto take into consideration? Has the City considered purchasing/ Or exchanging the Razor property for future Park development? 12/16 Bonnie Brae to North Lakes Transmission Line C ("') IIM III° ° "' IIl E lr� ,�� Collector: Embedded Survey 1 (Websfte Survey) Started: Wednesday, July 01, 2015 4:48:45 PIVI Last Modified: Wednesday, July 01, 2015 5:08:54 PIVI Time Spent: 00:20:09 IP Address: 68.113.174.30 :'IAGII:„ii' 1 (111 Name and Address Name Address City/Town State/Province Email Address Phone Number Are you a resident in the area of the planned development? (`)3� Do you understand why the Transmission Line is needed? Are the exhibits and information presented helpful for your understanding of the project? Do you believe all relevant factors are being considered? Philip A. Baker' PO Box 336 Denton Texas pabaker@rayzorcompany.com 940-387-8711 ZE Yes Yes Yes Refer to the map above to evaluate the following options Orange Option Strongly Oppose 70, 010070=0 Yellow Option Green Option Strongly Support Strongly Oppose Strongly Oppose Do you have comments or special concerns No that you would like the project team to know about or to take into consideration? 13/16 Bonnie Brae to North Lakes Transmission Line #12 C ("') M� ��l E r�'�� Collector: Embedded Survey 1 (Vebo�teSumey) Started: Friday, July 31.2O15312:ZQPIVI Last Modified: Friday, July 31.2O153:Z7:48PIVI Time Spent: OO151Q |P Address: 71.N6.32.72 �AG��:��' 1 Name Shawn Smith Address 3321 N. Bonnie Brae City/Town Denton State/Province Texas Email Address Sh8vvn@t88nnSnnith.biz Phone Number 940 367-1517 Are you a resident in the area of the planned Yes development? Do you understand why the Transmission Yes Line isneeded? Are the exhibits and information presented Yes helpful for your understanding of the project? Do you believe all relevant factors are being Yes considered? Refer to the map above to evaluate the following options Orange Option Strongly Support 70, 010070=0 Yellow Option Green Option ("V� Do you have comments or special concerns that you would like the project team to know about or to take into consideration? Strongly Oppose Strongly Support Ambivalent or Undecided 1. Property values (larger lines are very unsightly and tend to reduce property values), 2. Future development (lines pushed back from major nD8d frontage, such 8S yellow lines suggests, will provide more visible development and promotes 8 better city appearance, 3. Health COnC8rnS -th8 EW1F debate will always continue tOb88 controversy, however itiS our concern. The |88St that could b8 done if the line remains in its current |OC8tiOn is to shield the C8b|8S. 14/16 MINUTES PUBLIC UTILITIES BOARD August 10, 2015 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, August 10, 2015 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901 Texas Street, Denton, Texas. Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy Robinson, Barbara Russell and Ex Officio Members: George Campbell, City Manager and Howard Martin, ACM Utilities Absent: Phil Gallivan, Lilia Bynum and Charles Jackson PUBLIC HEARING: Hold a public hearing and consider making a recommendation of approval to the City Council regarding the proposed site for construction, expansion, and use of electric power transmission lines, beginning at the Bonnie Brae Substation of Denton Municipal Electric and traversing along lines beginning from east of Bonnie Brae St., west of North Locust St., to and just south of Loop 288, in the City of Denton, Denton County, Texas, as part of Denton Municipal Electric's service territory; discuss, deliberate, provide staff with direction, and make a recommendation. Brent Heath, Exec. Manager of Energy Delivery, gave an overview of the project. A map of the Transmission System in Denton. This project is to go from Bonnie Brae at US 380 up to the North Lakes Substation. It is a 69Kv line that is targeted to be converted to 138Kv. DME continues to perform analysis of the entire transmission system, one of the things that DME has to do to remain NERC complaint is to analyze and submit a FERC 715 Study. Staff has done this for five straight years in a row, the last one was submitted on April 1, 2015. The plan to upgrade solves two of the key factors; system growth and aging infrastructure. DME enlisted help of one of the Engineering Consultants: Power Engineers. They prepared a constraints map, looked and where the existing line is currently, the areas around the transmission line and look for alternate routes. Heath showed a map of the area with the blue, yellow, orange and green routes. Each of the routes were summarized with nine different line items. The number of positive route indicators were highlighted and discussed. The blue route has seven positive indicators with the yellow and orange at one positive indicator and the green route didn't have any. Rayzor Property is impacted by all the routes. The orange and green routes were looked at because the yellow route cuts through Rayzor Property. In November 2013 the first open house was held for the substation and the transmission line. A public hearing was held during the Public Utilities Board Meeting in January 2014. At that time the Board recommended moving forward with the substation site and come back for the Minutes of the Public Utilities Board Meeting August 10, 2015 Page 2 of 3 transmission line route for an additional open house. City Council approved the substation site February 2014. The second open house in June 2015 was held at the North Branch Library 141 notifications were sent out on June 15. There were 18 people in attendance and received 12 comment forms or surveys. The survey question "Do you understand why the Transmission Line is needed" had 100 percent response of yes. Other questions were asked and shown on a graph. Comments from the cards were also read. Staff recommends moving forward with rebuilding the Bonnie Brae to North Lakes Transmission Line, along the existing Blue Route. There is tentatively scheduled a City Council Public Hearing on September 1, 2015. Chair Smith stated this Board will make a recommendation to the City Council who will have a public hearing and either go with the Board's recommendation or approve otherwise. Smith stated there are several people that would like to speak. 1. Debbie Collinsworth — 3310 N. Bonnie Brae (southeast corner Riney Rd and Bonnie Brae 1.33 acres) — She understands the blue route is the best option it would greatly impact her property and would be willing to transact. There is a water line that runs along the yellow route. 2. Joyce Poole — 3021 N. Bonnie Brae — Will be impacted by the blue route and oppose it. Stated her neighbors oppose the blue route as well. Suggested yellow route or orange route. The poles along Bonnie Brae are not aesthetically pleasing along this entrance to Denton. 3. Question from Sam Alexander asked if Rayzor owns both sides of the yellow route — the answer by Phil Baker was yes - south end is park, north end Rayzor. 4. Phil Baker — representative of Rayzor Investments — In favor of the blue route. This location is the best for Rayzor Property, would not dissect the property as the yellow route would. Opposes all other routes other than the blue route. There are no current plans for the property it is for investment purposes. 5. Charles Scott — 3305 Hardaway Rd— (did not speak) support blue route oppose green route. 6. Claudio Ritz — 3309 Hardaway Rd. — (did not speak) support blue route oppose green route. 7. Lupe Gonzales — 2119 Riney Rd - support blue route oppose green route. 8. Curt Stogsdill — 2103 Riney Rd - support blue route 9. Chris Stogsdill — 2103 Riney Rd — (did not speak) support blue route oppose green route Minutes of the Public Utilities Board Meeting August 10, 2015 Page 3 of 3 10. Sam Alexander — 3219 McReynolds Road Sanger, TX — involved in electric utilizes and the Bonnie Brae lawsuit. In support of the yellow route. Concerned about widening Bonnie Brae and having to move the electric poles east. Aesthetically it would look better. Chair Smith stated that the primary factor will be what is best for the City of Denton. Heath added staff did understand that the yellow route would impact Rayzor property negatively and that is where the orange and green routes came in to play. Heath added that they have had discussions regarding the Bonnie Brae widening and the transmission line pole placement has been accounted for. The new poles will be within three to five feet from the existing line and will not impact the widening of Bonnie Brae. Chair Smith asked for additional speakers, no others spoke. Russell verified that the poles would not have to be moved for widening Bonnie Brae. Heath answered they would not have to be moved. Russell then asked if the same poles would be used that are along Loop 288, Heath answered they are similar 138kV insulated poles. Cheek asked the additional cost for using the yellow route. Heath stated the estimated cost for the blue route easements and construction of lines would be $3.75 million, the same for the yellow route would be $4.35 million. Damages are not included. Motion was made to approve the blue route by Board Member Russell with the second by Board Member Cheek. The vote was 4 -0 approved. Adjournment - 11:24 a.m. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON Legislation Text File #: ID 15 -694, Version: 1 DEPARTMENT: ACM: Date: Agenda Information Sheet Finance Bryan Langley September 1, 2015 SUBJECT Hold a public hearing and receive citizen input on the FY 2015 -16 Proposed Budget. BACKGROUND The City Charter and State Law require that prior to budget adoption, a public hearing be conducted to allow citizens the opportunity to provide input on the Proposed Budget. The required notice of the public hearing was published August 14, 2015, in the Denton Record Chronicle. The notice was also posted on the City's Web site, htto: / /www.cilyofdenton.com <http: / /www.cilyofdenton.com> and on the public access channel. A copy of the published notice is provided for reference. ESTIMATED SCHEDULE OF PROJECT September 15, 2015 Adopt Tax Rate and Approve FY 2015 -16 Annual Program of Services PRIOR ACTION/REVIEW (Council, Boards, Commissions) The FY 2015 -16 Proposed Budget was submitted to the City Council on July 31, 2015. A City Council Budget Workshop was held on August 6, 2015, and the City Council also discussed the Proposed Budget at their August 6, 11, 18 and August 25 meetings. Copies of the Proposed Budget are available to the public at any City of Denton library branch, and an electronic copy of the document is available on -line through the City's Website, <http: / /www.ciiyofdenton.com >. FISCAL INFORMATION The 2015 -16 Proposed Budget totals $965,833,475 in estimated resources and $965,469,889 in estimated expenditures. F,XHIRITS 1. Notice of Public Hearing on Budget City of Denton Page 1 of 2 Printed on 8/27/2015 File M ID 15 -694, Version: 1 Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance Prepared by: Antonio Puente, Jr. Assistant Director of Finance City of Denton Page 2 of 2 Printed on 8/27/2015 Exhibit 1 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 Legislation Text File #: ID 15 -695, Version: 1 DEPARTMENT: ACM: Date: Agenda Information Sheet Finance Bryan Langley September 1, 2015 SUBJECT Hold a second public hearing on a proposal to adopt a tax rate of $0.696380 per $100 valuation, which will exceed the lower of the effective or rollback tax rate. BACKGROUND The Texas Constitution and Texas Property Tax Code 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 tax payers in certain circumstances, to roll back or limit a tax increase. The truth -in- taxation guidelines require taxing entities to calculate and publish their effective and rollback tax rates (Exhibit 1 - Notice of Proposed Tax Rate). 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 the same amount of revenue as in the previous year for maintenance and operations expenses, plus an extra eight percent, 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 Annual Program of Services recommends a tax rate of $0.696380 per $100 of valuation, and this rate is $0.040109 above the effective rate. Since the City of Denton's proposed tax rate exceeds the effective tax rate, two public hearings are required to take place prior to the budget adoption. In compliance with state law, staff published the Notice of Proposed Tax Rate in the Friday, August 14, 2015, issue of the Denton Record Chronicle. In addition to the newspaper publications, the notice was posted on the City's Web site, <hqp: / /www.ciiyofdenton.com> and the public access channel. ESTIMATED SCHEDULE OF PROJECT September 15, 2015 Adopt Tax Rate and Approve FY 2015 -16 Annual Program of Services City of Denton Page 1 of 2 Printed on 8/27/2015 File M ID 15 -695, Version: 1 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On July 31, 2015, the City Council was provided with detailed information regarding the FY 2015 -16 Proposed Annual Program of Services including the proposed tax rate. On August 6, 2015, the City Council discussed the proposed budget in work session. On August 11, 2015, the City Council discussed the proposed budget and voted to place a proposal on the September 15, 2015 City Council agenda to approve a tax rate above the effective rate. On August 18, 2015, the City Council discussed the proposed budget in work session and held the first public hearing on the proposed tax rate. On August 25, 2015, the City Council discussed the proposed budget in work session. FISCAL INFORMATION In the FY 2015 -16 Proposed Budget, a tax rate of $0.696380 per $100 valuation is recommended. EXHIBITS 1. Notice of Proposed Tax Rate Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance Prepared by: Antonio Puente, Jr. Assistant Director of Finance City of Denton Page 2 of 2 Printed on 8/27/2015 Exhibit 1 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: 6:30 p.m. on August 18, 2015 at City Hall, 215 E. McKinney Street, Denton, TX, 76201 Second Hearing: 6:30 p.m. on September 1, 2015 at City Hall, 215 E. McKinney Street, Denton, TX, 76201 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTO Legislation Text File #: ID 15 -790, Version: 1 Agenda Information Sheet SUBJECT Willie Hudspeth regarding City Hall. City of Denton Page 1 of 1 Printed on 8/27/2015