HomeMy WebLinkAboutFebruary 23, 2016 Agenda'� ., ��o�u��l�l�
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City of Denton
Meeting Agenda
City Council
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.ci tyofdenton. com
Tuesday, February 23, 2016 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 an Open Meeting on Tuesday, February 23, 2016 at L00 p.m. in the Council Chambers at City Hall,
215 E. McKinney Street, Denton, Texas at which the following items will be considered:
L Items for Individual Consideration
A. ID 16-356 Reconsider the approval, on February 16, 2016, of a resolution of the City Council,
City of Denton, Texas, stating the conditions and circumstances far the sale of 1224
N. Bonnie Brae St., Denton, Denton County, Texas, to Jose Alfredo Rivas and the
public purpose achieved by said sale.
Attachments: Exhibit 1 Resolution
B. ID 16-354
Attachments:
C. ID 16-357
Attachments:
Consider the approval of a resolution of the City Council, City of Denton, Texas,
stating the conditions and circumstances far the sale of 1224 N. Bonnie Brae St.,
Denton, Denton County, Texas, to Jose Alfredo Rivas and the public purpose
achieved by said sale. (This item to be considered only if a Motion for
Reconsideration of the foregoing agenda item is approved.)
Exhibit 1 Resolution
Reconsider the approval, on February 16, 2016, of an ordinance of the City of
Denton approving the sale of 1224 N. Bonnie Brae St., Denton, Denton County,
Texas ("Property"), to Jose Alfredo Rivas ("Rivas"), as Buyer, far the purchase
price of One Hundred and Seventy Five Thousand Six Hundred and Ninety Eight
Dollars and Eight Cents ($175, 698.08) as stated in the One to Four Fa�nily
Residential Contract ("Contract"); authorizing the City Manager in accordance with
Texas Local Government Code 272.001(k) to execute a deed to Rivas together with
any other documents necessary to sell and convey the Property; and providing an
effective date. (Hickory Street DME Substation)
Exhibit 1 Ordinance
D. ID 16-355 Consider the approval of an ordinance of the City of Denton approving the sale of
1224 N. Bonnie Brae St., Denton, Denton County, Texas ("Froperty"), to Jose
Alfredo Rivas ("Rivas"), as Buyer, far the purchase price of One Hundred and
Seventy Five Thousand Six Hundred and Ninety Eight Dollars and Eight Cents
($175, 698.08) as stated in the One to Four Family Residential Contract
("Contract"); authorizing the City Manager in accordance with Texas Local
Government Code 272.001(k) to execute a deed to Rivas together with any other
documents necessary to sell and convey the Property; and providing an effective
date. (Hickory Street DME Substation) (This item to be considered only if a Motion
for Reconsideration of the foregoing agenda item is approved.)
City ofDenton Page 1 Printed on 2/19/2016
City Council Meeting Agenda February 23, 2016
Attachments: Exhibit 1 Ordinance
Following the completion of the Open Meeting, the City Council will convene in a Work Session in the
Council Wark Session Room at City Hall, 215 E. McKinney Street, at which the following items will
be considered:
1. Work Session Renorts
A. ID 16-253
B. ID 16-260
Attachments
Receive a report, hold a discussion, and provide staff direction regarding Ordinance
2014-112 Use of Wireless Communication Devices while Driving.
Receive a report, hold a discussion, and give staff direction regarding the City of
Denton Strategic Plan and the performance management and open data components
of the What Warks Cities initiative.
Exhibit 1 FY 2015-16 Stratepic Plan
Exhibit 2 FY 2015-16 Key Action Steps Status Update
Exhibit 3 WWC Overview
Exhibit 4 WWC Proqram Summary
Exhibit 5 Citv Council WWC Presentation
C. ID 16-263 Receive a report, hold a discussion, and give staff direction regarding the City
Council Rules of Procedure.
Attachments: Exhibit 1 CC Rules of Procedures 2016 for Februarv 23. 2016 REDLINE
Exhibit 2 Citv of Denton Rules of Procedure 2016
2. Concluding Items
A. Under Section 55 L042 of the Texas Open Meetings Act, respond to inquiries from the City
Council ar 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 55 L0415 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.
Following the completion of the Wark 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.
L Closed Meeting:
A. ID 16-300
Consultation with Attorneys - Under Texas Government Code, Section 551.071.
City ofDenton Page 2 Printed on 2/19/2016
City Council
Meeting Agenda February 23, 2016
Consult with the City's attorneys regarding the present status of the implementation
of a new Pole Attachment License Agreement and a new City Right-of-Way
Agreement, and the status of claims for unpaid pole attachment fees by Verizon;
discuss deliberate and provide the City's attorneys with direction and any
recommendations regarding such legal matters. A public discussion of this legal
matter would conflict with the duty of the City's Attorneys to the City of Denton,
Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas.
B. ID 16-324 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Deliberate and consult with and provide direction and recommendations to the
City's attorneys regarding the status of (i) negotiations with Zayo Group, LLC,
regarding their use of City right-of-way far fiber placement via Denton ISD's
agreement with the City; (ii) the implementation of a new Pole Attachment License
Agreement; (iii) the implementation of a new City Right-of-Way Agreement; (iv)
possible ancillary agreements related to both agreements; (v) the status of claims for
unpaid pole attachment fees by Verizon; (vi) pending complaints before the Texas
Public Utility Commission (Extenet Netwark Systems, Inc. against the City of
Houston - No. 45280; and, Crown Castle NG Central, LLC against the City of
Dallas - No. 45470) regarding the imposition of license agreements and fees for use
of public right-of-way and the potential impact on the City; and (vii) pending
federal legislation related to the use of public right-of-way for wireless
communication. A public discussion of these legal matters would conflict with the
duty of the City's Attorneys to the City of Denton, Texas under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
C. ID 16-330 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consultation, discussion, deliberation and receipt of information from the City's
attorneys involving legal matters relating to the City Council Rules of Procedure
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.
CERTIFICATE
I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the day of , 2016 at o'clock (a.m.) (p.m.)
CITY SECRETARY
City ofDenton Page 3 Printed on 2/19/2016
City Council
Meeting Agenda February 23, 2016
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS AND WORK SESSION ROOM
ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT.
THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING
IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED
MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX
SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY
SECRETARY'S OFFICE.
City ofDenton Page 4 Printed on 2/19/2016
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 16-356, Version: 1
Agenda Information Sheet
DEPARTMENT: Denton Municipal Electric
CM/ ACM:
Date:
Howard Martin
February 23, 2016
SUBJECT
Reconsider the approval, on February 16, 2016, of a resolution of the City Council, City of Denton, Texas,
stating the conditions and circumstances for the sale of 1224 N. Bonnie Brae St., Denton, Denton County,
Texas, to Jose Alfredo Rivas and the public purpose achieved by said sale.
BACKGROUND
A Council Member has requested reconsideration of Consent Agenda Items E. and F. approved by a vote of 6-1
at the City Council meeting of February 16, 2016. The City Council Rules of Procedure contemplate
reconsideration of approved agenda items under limited circumstances, as follows:
A motion to reconsider any action of the Council can be made not later than the next succeeding official
meeting of the Council. Such a motion can only be made by a member who voted with the prevailing
side. It can be seconded by any member. In order to comply with the Texas Open Meetings Act, any
Council member who wishes to make such a motion at a meeting succeeding the meeting where the
action was taken shall notify the City Manager to place the item for reconsideration on the Council
agenda. No question shall be twice reconsidered, except by unanimous consent of the Council, except
that action related to any contract may be reconsidered at any time before the final execution thereo£ 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.
OPTIONS
Should a Motion for Reconsideration pass by majority vote, then the Council would move to the underlying
action previously passed on February 16, 2016, and reconsider whether such matter should be approved.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public
City of Denton Page 1 of 2 Printed on 2/19/2016
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File #: ID 16-356, Version: 1
Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and
Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council
agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area
Related Goal:
EXHIBITS
Resolution
Prepared by:
Smith Day
Compliance Manager
Public Infrastructure
2.3 Promote superior utility services and facilities
Respectfully submitted:
Phil Williams
General Manager
City of Denton Page 2 of 2 Printed on 2/19/2016
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RESOLUTION IVO.
APPROVE A RESOLUTIQN OF THE CITY COUNCIL, CITY QF DENTON, TEXAS,
STATING THE CONDITIONS AND CIRCUMSTANCES FtaR THE SALE OF 1224 N.
BONNIE BRAE ST., DENTON, DENT4N COUNTY, TEXAS, TO JOSE ALFREDO RIVAS
AND THE PUBLIC PURPOSE ACHIEVED BY SAID SALE AS REQUIRED BY LOCAL
GQVERNMENT CODE SECTION 272.OQ1(k); AND PROVIDING AN EFFECTNE DATE.
WHEREAS, the City of Denton has acquired numerous property interests on N. Bonnie
Brae St. between W. Oak St. and W. Hickory St. for the relocation and expansion of the Hickory
Substatian;
WHEREAS, the landowners andior tenants who were impacted by the Hickory
Substation relocation and expansian aze legally entitled to relocation benefits under both federal
and state law and City ordinance (Ord. No. 2012-073) which inciudes comparable replacement
housing which is decent, safe and sanitary;
. WHEREAS, one of the tenants impacted by the relocation and expansion of the Hickory
Substation, Jose Alfreda Rivas, is legally disabled and requires specific housing needs which
have not been able to be secured within the City;
WHEREAS, the City owns residential real property located at 1224 N. Bonnie Brae St.
("Property") which wi11 provide comparable replacement housing which is decent, safe and
sanitary for the Rivas after renovations are made to the same;
WHEREAS, on July 22, 201 S the City's Public Utility Board considered the relocation
issues related to Rivas and unanimously recommended to the City Council that renovations be
made to 1224 N. Bonnie Brae St. in order to provide comparable replacement hausing to Rivas
which is decent, safe and sanitary;
WHEREAS, on September 1, 2015, the City Council appraved that renovations be made
to the Property in order to provide Rivas with camparable replacement housing which is decent,
safe and sanitary (Ordinance No. 2015-257);
WHEREAS, the renovations to the Property have been completed and that the Property
pravides Rivas comparable replacement housing which is decent, safe and sanitary;
WHEREAS, the City has spent a total of $1?5.69$.08 ta renovate the Property and make
it decent, safe and sanitary;
WHEREAS, the Property was purchased by the City for the expansion of its electric
transmission line along N. Bonnie Brae St. and the City will recover the purchase price for the
Praperty under the City's Transmission Cost of Service reimbursement from the Electric
Reliability Council of Texas;
WHEREAS, the City, if the Property is sold, will require the reservation of an electric
transmission, distribution, and communication easement acrass the front portion of the Property;
WHEREAS, the City finds that Rivas has made an offer to purchase the Property from
the City for $1?5,69$A8 and with the City reserving an electric transmission, distribution, and
communication easement alang the front portian of the Praperty, NQW, THEREFORE,
THE COUNCIL C?F THE CITY OF DENTON RESOLVES, IN ACCORDANCE WITH
LOCAL G4VERNMENT CODE SECTION 272.001 {k):
SECTION 1. That the sale of the Property to Jose Aifredo Rivas azose as a result of the
relocation and expansion of the Hickory Substation and are circumstances that are unique to
Rivas due solely to his legal disability;
SECTION 2. That the Property shall be sold to Rivas with the faliawing conditions:
a. The sales price for the Property shall be equivalent to the manies sgent by
the City to provide Rivas with comparable replacement housing which is decent, safe and
sanitary which said amount is $175,698.08; and
b. The City will reserve an electric transmission, distributian, and
communication easement along the front of the Property in the deed conveying the
Property to Rivas.
SECTION 3. That the public purposes achieved by the sale of the Property aze:
a. Rivas is provided with comparabie housing which is decent, safe and
sanitary as required by both federal and state and City ordinance; and
b. The relacation of Rivas allows the City to commence with the relocation
and expansion of the Hickory Substation.
SECTION 4. The statements contained in the preamble of this resolution are deemed to
he findings of the City Gouncil and are incorporated into the bady of this resolution.
SECTION 5. If any section, article, paragraph, sentence, phrase, clause or word in this
resolution, 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 partions of this resolution; the City Cauncii declazes that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 6. This resolution shail become effective immediately upon its passage and
approvai.
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A�`I'R(�VEL7 AS TC7 L�,C��1.L FaRM:
ANITA BURC�SS, GITY F�7`"I'ORN�=;"Y
By;
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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File #: ID 16-354, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Electric Administration
CM/ ACM:
Date:
Howard Martin
February 23, 2016
SUBJECT
Consider the approval of a resolution of the City Council, City of Denton, Texas, stating the conditions and
circumstances for the sale of 1224 N. Bonnie Brae St., Denton, Denton County, Texas, to Jose Alfredo Rivas
and the public purpose achieved by said sale. (This item to be considered only if a Motion for Reconsideration
of the foregoing agenda item is approved.)
BACKGROUND
Denton Municipal Electric acquired a residential structure located at 1224 North Bonnie Brae Street as part of
the Hickory Street Substation expansion process. The Hickory Street Substation project resulted in the
displacement of a citizen, Mr. Joe Rivas, which in turn required the City to provide assistance in finding decent,
safe, and sanitary living accommodations for Mr. Rivas. It was then determined that the house located at 1224
North Bonnie Brae Street could be repaired and remodeled to meet the Americans with Disability Act (ADA)
requirements for a wheelchair bound person and to bring the house in to compliance with building codes, and
subsequently sold to Mr. Rivas. These services and the obligation to provide a suitable residence are also
required to comply with Federal Uniform Assistance and Real Property Acquisition Policies Act of 1970.
Because of his disability, Mr. Rivas was not able to find a suitable rental property that would pass as decent,
safe and sanitary, nor was he able to find a property owner that would allow construction to make the home
wheelchair accessible. Therefore, the City of Denton has provided Mr. Rivas the opportunity to purchase a
home that was in the possession of the City. This home required extensive repairs in order to meet the ADA
requirements for a person in a wheelchair. In addition, other repairs were necessary to comply with the decent
safe and sanitary requirements, including asbestos abatement, foundation and roof repairs.
The Uniform Act of Relocation Assistance and Real Property Acquisition Policies Act of 1970, requires the
agency (City of Denton) to go above and beyond the typical requirements in order to accommodate any
displacees facing unusual and extraordinary circumstances in order to provide sufficient replacement housing.
This repair and proposed sale of this property is the City of Denton's effort to meet the requirements of these
regulations.
OPTIONS
l. Recommend approval to sell this real property.
City of Denton Page 1 of 3 Printed on 2/19/2016
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File #: ID 16 -354, Version: 1
2. Do not recommend approval to sell this real property purchase and provide staff with further direction.
3. Table for future discussion
4. Postpone action for a future date.
RECOMMENDATION
DME staff recommends approval of this resolution.
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.
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).
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public
Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and
Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council
agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal:
EXHIBITS
1. Resolution
Prepared by:
Smith Day
Public Infrastructure
2.3 Promote superior utility services and facilities
Respectfully submitted:
Phil Williams
General Manager
City of Denton Page 2 of 3 Printed on 2/19/2016
File #: ID 16 -354, Version: 1
Compliance Manager
City of Denton Page 3 of 3 Printed on 2/19/2016
RESOLUTION NO.
APPROVE A RESOLUTION OF THE CITY COUNCIL, CITY OF DENTON, TEXAS,
STATING THE CONDITIONS AND CIRCUMSTANCES FOR THE SALE OF 1224 N.
BONNIE BRAE ST., DENTON, DENTON COUNTY, TEXAS, TO JOSE ALFREDO RIVAS
AND THE PUBLIC PURPOSE ACHIEVED BY SAID SALE AS REQUIRED BY LOCAL
GOVERNMENT CODE SECTION 272.001(k); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has acquired numerous property interests 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 under both federal
and state law and City ordinance (Ord. No. 2012 -073) 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, Jose Alfredo Rivas, is legally disabled and requires specific housing needs which
have not been able to be secured within the City;
WHEREAS, the City owns residential real property located at 1224 N. Bonnie Brae St.
( "Property ") which will provide comparable replacement housing which is decent, safe and
sanitary for the Rivas after renovations are made to the same;
WHEREAS, on July 22, 2015 the City's Public Utility Board considered the relocation
issues related to Rivas and unanimously recommended to the City Council that renovations be
made to 1224 N. Bonnie Brae St. in order to provide comparable replacement housing to Rivas
which is decent, safe and sanitary;
WHEREAS, on September 1, 2015, the City Council approved that renovations be made
to the Property in order to provide Rivas with comparable replacement housing which is decent,
safe and sanitary (Ordinance No. 2015 -257);
WHEREAS, the renovations to the Property have been completed and that the Property
provides Rivas comparable replacement housing which is decent, safe and sanitary;
WHEREAS, the City has spent a total of $175.698.08 to renovate the Property and make
it decent, safe and sanitary;
WHEREAS, the Property was purchased by the City for the expansion of its electric
transmission line along N. Bonnie Brae St. and the City will recover the purchase price for the
Property under the City's Transmission Cost of Service reimbursement from the Electric
Reliability Council of Texas;
WHEREAS, the City, if the Property is sold, will require the reservation of an electric
transmission, distribution, and communication easement across the front portion of the Property;
WHEREAS, the City finds that Rivas has made an offer to purchase the Property from
the City for $175,698.08 and with the City reserving an electric transmission, distribution, and
communication easement along the front portion of the Property; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON RESOLVES, IN ACCORDANCE WITH
LOCAL GOVERNMENT CODE SECTION 272.001(k):
SECTION 1. That the sale of the Property to Jose Alfredo Rivas arose as a result of the
relocation and expansion of the Hickory Substation and are circumstances that are unique to
Rivas due solely to his legal disability;
SECTION 2. That the Property shall be sold to Rivas with the following conditions:
a. The sales price for the Property shall be equivalent to the monies spent by
the City to provide Rivas with comparable replacement housing which is decent, safe and
sanitary which said amount is $175,698.08; and
b. The City will reserve an electric transmission, distribution, and
communication easement along the front of the Property in the deed conveying the
Property to Rivas.
SECTION 3. That the public purposes achieved by the sale of the Property are:
a. Rivas is provided with comparable housing which is decent, safe and
sanitary as required by both federal and state and City ordinance; and
b. The relocation of Rivas allows the City to commence with the relocation
and expansion of the Hickory Substation.
SECTION 4. The statements contained in the preamble of this resolution are deemed to
be findings of the City Council and are incorporated into the body of this resolution.
SECTION 5. If any section, article, paragraph, sentence, phrase, clause or word in this
resolution, 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 resolution; 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 6. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2016.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
0
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 16 -357, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Denton Municipal Electric
CM/ ACM: Howard Martin
Date: February 23, 2016
SUBJECT
Reconsider the approval, on February 16, 2016, of an ordinance of the City of Denton approving the sale of
1224 N. Bonnie Brae St., Denton, Denton County, Texas ( "Property "), to Jose Alfredo Rivas ( "Rivas "), as
Buyer, for the purchase price of One Hundred and Seventy Five Thousand Six Hundred and Ninety Eight
Dollars and Eight Cents ($175, 698.08) as stated in the One to Four Family Residential Contract ( "Contract ");
authorizing the City Manager in accordance with Texas Local Government Code 272.001(k) to execute a deed
to Rivas together with any other documents necessary to sell and convey the Property; and providing an
effective date. (Hickory Street DME Substation)
BACKGROUND
A Council Member has requested reconsideration of Consent Agenda Items E. and F. approved by a vote of 6 -1
at the City Council meeting of February 16, 2016. The City Council Rules of Procedure contemplate
reconsideration of approved agenda items under limited circumstances, as follows:
A motion to reconsider any action of the Council can be made not later than the next succeeding official
meeting of the Council. Such a motion can only be made by a member who voted with the prevailing
side. It can be seconded by any member. In order to comply with the Texas Open Meetings Act, any
Council member who wishes to make such a motion at a meeting succeeding the meeting where the
action was taken shall notify the City Manager to place the item for reconsideration on the Council
agenda. No question shall be twice reconsidered, except by unanimous consent of the Council, except
that action related to any contract may be reconsidered at any time before the final execution thereof. A
matter which was not timely reconsidered in the manner provided by this section or was reconsidered
but the action originally taken was not changed by the Council cannot be reintroduced to the Council or
placed on a Council meeting agenda for a period of six (6) months unless this rule is suspended as
provided for in these Rules of Procedure.
OPTIONS
Should a Motion for Reconsideration pass by majority vote, then the Council would move to the underlying
action previously passed on February 16, 2016, and reconsider whether such matter should be approved.
City of Denton Page 1 of 2 Printed on 2/19/2016
File #: ID 16 -357, Version: 1
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public
Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and
Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council
agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal:
EXHIBITS
I . Ordinance
Prepared by:
Smith Day
Compliance Manager
Public Infrastructure
2.3 Promote superior utility services and facilities
Respectfully submitted:
Phil Williams
General Manager
City of Denton Page 2 of 2 Printed on 2/19/2016
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON APPROVING THE SALE OF 1224 N.
BONNIE BRAE ST., DENTON, DENTON COUNTY, TEXAS ( "PROPERTY "), TO JOSE
ALFREDO RIVAS ( "RIVAS "), AS BUYER, FOR THE PURCHASE PRICE OF ONE
HUNDRED AND SEVENTY FIVE THOUSAND SIX HUNDRED AND NINETY EIGHT
DOLLARS AND EIGHT CENTS ($175,698.08) AS STATED IN THE ONE TO FOUR
FAMILY RESIDENTIAL CONTRACT ( "CONTRACT "); AUTHORIZING THE CITY
MANAGER IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 272.001(k)
TO EXECUTE A DEED TO RIVAS TOGETHER WITH ANY OTHER DOCUMENTS
NECESSARY TO SELL AND CONVEY THE PROPERTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton has acquired numerous property interests 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, Jose Alfredo Rivas, is legally disabled and requires specific housing needs which
have not been able to be found within the City;
WHEREAS, the City owns residential real property located at 1224 N. Bonnie Brae St.
( "Property ") 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;
WHEREAS, on September 1, 2015, the City Council approved that renovations be made
to the Property in order to provide Rivas with comparable replacement housing which is decent,
safe and sanitary (Ordinance No. 2015 -257);
WHEREAS, the renovations to the Property have been completed and that the Property
provides Rivas comparable replacement housing which is decent, safe and sanitary;
WHEREAS, Rivas has made an offer to purchase the Property from the City for
$$175,698.08;
WHEREAS, it is in the best interest of the City to sell the Property to Rivas; and
WHEREAS, the City, under Local Government Code, Section 272.001(k), has passed a
resolution stating the conditions and circumstances for the sale of the Property directly to Rivas
and the public purpose achieved by said sale; NOW, THEREFORE,,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is authorized (a) to execute on behalf
of the City (i) the One to Four Family Residential Conti-act ("Contract"), between the City and
Rivas, in the form attached as Exhibit "I" and made a part hereof, with a purchase price of
$175,698.08, plus costs and expenses, all as stated in the Contract; and (ii) any other documents
necessary for closing the transaction contemplated by the Contract, including, but not limited to
executing a Special Warranty Deed, in the form attached as Exhibit "A" to the Contract which
contains a reservation of an electric transmission, distribution and communication easement,
conveying the Property to Buyer; (b) accept payment from Buyer; and, (c) to make expenditures
in accordance with the terms of the Contract.
SECTION 2. The findings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
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 2016.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
0
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
EXHIBIT "A"
4-28-2014
-------------
40. COMMISSION (TREC)
PROMULGATED BY THE TEXAS REAL ESTATE (RESALE)
L=J RESIDENTIAL CONTRACT
90UAL NOVAt"O ONE TO FOUR FAMILY 'Transactions
00001"UNt" NOTICE: Not For Use For Condominium
1. PARTIES: The parties to this contract are The rit of Denton
v - (Buyer).
(Seller) and lose Alfredo Rivas buy from Seller the Property defined
Seller agrees to sell and convey to Buyer and Buyer agrees to b
below.
2. PROPERTY: The land, improveand accessories are collectively referred to as the "Property".
tints a
A. LAND: Lot Block____�, County of Denton
Addition, City Of Denton — Cached as Exhibit "A".
Texas, known as , a
B. IMPROVEMENTS: The house, garage and all other fixtures and improvements attached to the
above-described real property, Including without limitation, the following permanently installed
and built-in items, if any: all equipment and appliances, valances, screens, shutters, awnings,
wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas, mounts
and brackets for televisions and speakers, heating and air-conditioning units, security and fire
detection equipment bing and lighting fixtures, chandeliers, water softener system,
, wiring, plum outdoor
kitchen equipment, garage door openers, cleaning equipment, shrubbery, landscaping,
cooking equipment, and all other property owned by Seller and attached to the above described
real property.
C. ACCESSORIES: The following described related accessories, if any: window air conditioning units,
stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, door keys,
mailbox keys, above ground pool, swimming pool equipment and maintenance accessories,
artificial fireplace logs, and controls for: (I) garage doors, (ii) entry gates, and (III) other
improvements and accessories.
D. EXCLUSIONS: The following improvements and accessories will be retained by Seller and must
be removed prior to delivery of possession:
3. SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at closing .............................
B. Sum of all financing described below (excluding any loan funding
feeor mortgage insurance premium) ............................................
C. Sales Price (Sum of A and B)...,....• .... ...............................
4. FINANCING (Not for use with reverse mortgage financing): The portion of Sales Price not
payable in cash will be paid as follows: (Check applicable boxes below)
0 A.THIRD PARTY FINANCING: One or more third party mortgage loans in the total amount of
$ (excluding any loan funding fee or mortgage insurance premium).
(1) Property Approval: If the Property does not satisfy the lenders' underwriting requirements for
the loan(s) (including, but not limited to appraisal, insurability and lender required repairs),
Buyer may terminate this contract by giving notice to Seller prior to closing and the eamest
money will be refunded to Buyer.
(2) Credit Approval: (Check one box only)
Q (a) This contract Is subject to Buyer being approved for the financing described in the attached
Third Party Financing Addendum for Credit Approval.
0 (b) This contract is not subject to Buyer being approved for financing and does not involve FHA
or VA financing.
U B, ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory notes
described in the attached TREC Loan Assumption Addendum.
0 C. SELLER FINANCING: A promissory note from Buyer to Seller of $ secured by
vendor's and deed of trust liens, and containing the terms and conditions described in the attached
TREC Seller Financing Addendum. If an owner policy of title insurance is furnished, Buyer shall
furnish Seller with a mortgagee policy of title insurance.
-�Cllt:l, dL z:ieiter*s exoense I
Contract Concerning 1224 N. Bonnie Brae Page 2 of 9 4 -28 -2014
(Address of Property)
S. EARNEST MONEY: Upon execution of this contract by all parties, Buyer shall deposit
$ n/a as eamest money with n/a , as escrow
agent, at n/a (address). Buyer
shall deposit additional eamest money of $ n/a with escrow agent within
n!a days after the effective date of this contract. If Buyer fails to deposit the earnest money as
required by this contract, Buyer will be in default.
6. TITLE POLICY AND SURVEY:
A. TITLE POLICY: Seller shall furnish to Buyer at IBS Iler's E3 Buyer's expe se an owner policy
of title insurance (Title Policy) issued by Reunion Tine, Attn: Rebecca i C (Title
Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against
loss under the provisions of the Title Policy, subject to the promulgated exclusions (including
existing building and zoning ordinances) and the following exceptions:
(1) Restrictive covenants common to the platted subdivision in which the Property is located.
(2) The standard printed exception for standby fees, taxes and assessments.
(3) Liens created as part of the financing described in Paragraph 4.
(4) Utility easements created by the dedication deed or plat of the subdivision in which the
Property is located.
(5) Reservations or exceptions otherwise permitted by this contract or as may be approved
by Buyer in writing.
(6) The standard printed exception as to marital rights.
(7) The standard printed exception as to waters, tidelands, beaches, streams, and related
matters.
(8) The standard printed exception as to discrepancies, conflicts, shortages in -area or boundary
lines, encroachments or protrusions, o verlappping improvements: (1) will not be
amended or deleted from t title policy; Wii) will be amended to read, "shortages in area"
at the expense of UBuyer Weller.
B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract,
Seller shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer`s
expense, legible copies of restrictive covenants and documents evidencing exceptions in the
Commitment (Exception Documents) other than the standard printed exceptions. Seller
authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer
at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are
not delivered to Buyer within the specified time, the time for delivery will be automatically
extended up to 15 days or 3 days before the Closing Date, whichever is earlier. If, due to
factors beyond Seller's control, the Commitment and Exception Documents are not delivered
within the time required, Buyer may terminate this contract and the eamest money will be
refunded to Buyer.
C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to
the Title Company and Buyer's lender(s). (Check one box only)
❑(1)Within days after the effective date of this contract, Seller shall fumish to Buyer
and Title Company Seller's existing survey of the Property and a Residential Real Property
Affidavit promulgated by the Texas Department of Insurance (T -47 Affidavit). If Seller
fails to furnish the existing survey or affidavit within the time prescribed, Buyer
shall obtain a new survey at Seller's expense no later than 3 days prior to Closing
Date. If the existing survey or affidavit Is not acceptable to Title Company or Buyer's
lender(s), Buyer shall obtain a new survey at ❑Seller's ❑Buyer's expense no later than 3
days prior to Closing Date.
❑(2)Within days after the effective date of this contract, Buyer shall obtain a new
survey at Buyer's expense. Buyer is deemed to receive the survey on the date of actual
receipt olothe date specified in this paragraph, whichever is earlier.
C§) Within days after the effective date of this contract, Seller, at Seller's expense
shall furnish a new survey to Buyer.
D. OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances to title:
disclosed on the survey other than Items 6A(1) through (7) above; disclosed in the
Commitment other than items 6A(1) through (8) above; or which prohibit the following use
or activity: n/a
t3uyer must ODjea the earlier or (I) the closing Date or (ii) t_i_ asys alter uuyer receives
the Commitment, Exception Documents and the survey. Buyers failure to object within the
time allowed will constitute a waiver of buyer's right to object; except that the requirements
In Schedule C of the Commitment are not waived by Buyer. Provided Seller is not obligated
to incur any expense, Seller sh ure the timely objections of Buyer or any third party lender
Initialed for Identification by B and Seller TREC NO. 20 -12
Contract Concerning 1224 N. Bonnie Brae Page 3 of 9 4 -28 -2014
(Address of Property)
within 15 days after Seller receives the objections and the Closing Date will be extended as
necessary. If objections are not cured within such 15 day period, this contract will terminate
and the earnest money will be refunded to Buyer unless Buyer waives the objections.
E. TITLE NOTICES:
(1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering
the Property examined by an attorney f Buyer's selection, or Buyer should be furnished
with or obtain a Title Policy. If a Title Policy is furnished the Commitment should be
promptly reviewed by an attomey of Buyer's choice due to tie time limitations on Buyer's
right to oW ct.
(2} MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S): The Property Oss CPIs not subject
to mandatory membership In a property owners association(s). If the Property is subject
to mandatory membership in a property owners association(s), Seller notifies Buyer under
§5.012, Texas Property Code, that, as a purchaser of property in the residential
community identified in Paragraph 2A in which the Property is located, you are obligated
to be a member of the property owners associations). Restrictive covenants governing
the use and occupancy of the Property and all dedicatory instruments governing the
establishment, maintenance, or operation of this residential community have been or will
be recorded in the Real Property Records of the county in which the property is located.
Copies of the restrictive covenants and dedicatory instruments may be obtained from the
county clerk. You are obligated to pay assessments to the Property owners
Section 207.003, Prope Co e, entities an owner to receive copies of any document that
govems the establishment, maintenance, or operation of a subdivision, including, but not
limited to, restrictions, bylaws, rules and regulations, and a resale certificate from a
roperty owners' association. A resale certificate contains information including, but not
Imited to, statements specifying the amount and frequency of regular assessments and
the style and cause number of lawsuits to which the property owners' association is a
party, other than lawsuits relating to unpaid ad valorem taxes of an individual member of
the association. These documents must be made available to you by the property owners'
association or the association's agent on your request.
If Buyer is concerned about these matters, the TREC promulgated Addendum for
Property Subject to Mandatory Membership in a Property Owners Association(s)
should be used.
(3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily
created district providing water, sewer, drainage, or flood control facilities and services,
Chapter 49 Texas Water Code requires Seller to deliver and Buyer to sign the statutory
notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to
final execution of this contract.
(4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135,
Texas Natural Resources Code, requires a notice regarding coastal area propperty to be
Included in the contract. An addendum containing the notice promulgated by TREC or
required by the parties must be used.
(5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies
Buyer under §5.011, Texas Property Code, that the Property may now or later be included
in the extraterritorial jurisdiction of a municipality and may now or later be subject to
annexation by the municipality. Each municipality maintains a map that depicts its
boundaries and extraterritorial jurisdiction. To determine if the Property is located within a
municipality's extraterritorial jurisdiction or Is likely to be located within a municipality's
extraterritorial jurisdiction, contact all municipalities located in the general proximity of
the Property for further information.
(6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE
PROVIDER: Notice required by §13.257, Water Code: The real property, described in
Paragraph 2, that you are about to purchase may be located in a certificated water or
sewer service area, which is authorized by law to provide water or sewer service to the
properties in the certificated area. If your property is located in a certificated area there
may be special costs or charges that you will be required to pay before you can receive
water or sewer service. There may be a period required to construct lines or other
facilities necessary to provide water or sewer service to your property. You are advised to
determine if the property is in a certificated area and contact the utility service provider
to determine the cost that you will be required to pay and the period, if any, that is
required to provide water or sewer service to your property. The undersigned Buyer
hereby acknowledges receipt of the foregoing notice at or before the execution of a
binding contract for the purchase of the real property described in Paragraph 2 or at
closing of purchase of the real property.
,0%
Initialed for identification by Buyer ,s/,l��i—,-y and Seiler TREC NO. 20 -12
Contract Concerning 1224 N. Bonnie Brae Page 4 of 9 4- 28-2014
(Address of Property)
(7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district,
§5.014, Property Code, requires Seller to notify Buyer as follows: As a purchaser of this
parcel of real property you are obligated to pay an assessment to a municipality or
county for an improvement project undertaken by a public improvement district under
Chapter 3 ?2, Local Government Code. The assessment may be due annualiy or in
periodic insfiallments.- More information concerning the amount of the assessment and the
due dates of that assessment may be obtained from the municipality or county levying
the assessment. The amount of the assessments is subject to change. Your failure to pay
the assessments could result in a lien on and the foreclosure of your property.
(8) TRANSFER FEES: If the Property is subject to a private transfer fee obligation, §5.205,
Property Code, requires Seller to notify Buyer as follows: The private transfer fee
obligation may be governed by Chapter 5, Subchapter G of the Texas Property Code.
(9) PROPANE GAS SYSTEM SERVICE AREA: If the Property Is located in a propane gas
system service area owned by a distribution system retailer, Seller must give Buyer
written notice as required by 141.010 Texas Utilities Code. An addendum containing
the notice approved by TREC or required by the parties should be used.
7. PROPERTY CONDITION:
A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access
to the Property at reasonable times. Buyer may have the Property inspected by inspectors
selected by Buyer and licensed by TREC or otherwise permitted by law to make Inspections.
Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall
keep the utilities on during the time this contract is in effect.
B. SELLER'S DISCLOSURE NOTICE PURSUANT TO §5.008, TEXAS PROPERTY CODE (Notice):
Check one box only)
❑ 1 Buyer has received the Notice.
E3 23 Buyer has not received the Notice. Within days after the effective date of this
contract, Seller shall deliver the Notice to Buyer. If Buyer does not receive the Notice,
Buyer may terminate this contract at any time prior to the closing and the earnest money
will be refunded to Buyer. If Seller delivers the Notice, Buyer may terminate this contract
for any reason within 7 days after Buyer receives the Notice or prior to the closing,
whichever first occurs, and the earnest money will be refunded to Buyer.
M3)The Seller is not required to furnish the notice under the Texas Property Code.
C. SELLERS DISCLOSURE OF LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS is
required by Federal law for a residential dwelling constructed prior to 1978.
D. ACCEPTANCE OF PROPERTY CONDITION: "As W means the present condition of the Property
with any and all defects and without warranty except for the warranties of title and the
warranties in this contract. Buyer's agreement to accept the Property As Is under Paragraph
7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A, from
negotiating rirepairs r Option ts Period if in subsequent amendment, or from terminating this
�4Check one box only) f y
1) Buyer accepts the Property As Is.
❑ (2) Buyer accepts the Property As Is provided Seller, at Seller's expense, shall complete the
following specific repairs and treatments:
(Do not insert general phrases, such as "subject to Inspections" that do not identify
specific repairs and treatments.)
E. LENDER REQUIRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, neither
party Is obligated to pay for lender required repairs, which Includes treatment for wood
destroying insects. If the parties do not agree to pay for the lender required repairs or
treatments, this contract will terminate and the earnest money will be refunded to Buyer. If
the cost of lender required repairs and treatments exceeds 5% of the Sales Price, Buyer may
terminate this contract and the earnest money will be refunded to Buyer.
F. COMPLETION OF REPAIRS AND TREATMENTS: Unless otherwise agreed in writing: (1) Seller
shall complete all agreed repairs and treatments prior to the Closing Date* and (11) all required
permits must be obtained, and repairs and treatments must be performed by persons who are
licensed to provide such repairs or treatments or, if no license is required by law, are
commercially engaged in the trade of providing such repairs or treatments. At Buyer's
election, any transferable warranties received b Seller with respect to the repairs and
treatments will be transferred to Buyer at Buyers expense. If Seiler fails to complete any
agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under
Paragraph 15 or extend the Closing Date up to 5 days ii` necessary for Seller to complete the
repairs and treatments.
G. ENVIRONMENTAL MATTERS: Buyer ' advised that the presence of wetlands, toxic substances,
Including asbestos and wast other environmental hazards, or the presence of a
threatened or endangered s es or its habitat may affect Buyer's Intended use of the
Initialed for identification by Buyer �ZOJ4(and Seller TREC NO. 20 -12
Contact Concerning U2_4 N Bonnie Brae Page 5 of 9 4 -28 -2014
(Address of Property)
Property. If Buyer Is concerned about these matters, an addendum promulgated by TREC or
required by the parties should be used.
H. RESIDENTIAL SERVICE CONTRACTS: Buyer may purchase a residential service contract
from a residential service company licensed by TREC. If Buyer purchases a residential
service contract, Seller shall reimburse Buyer at closing for the cost of the residential
service contract in an amount not exceeding $ nla Buyer should review any
residential service contract for the scope of coverage, exclusions and limitations. The
purchase of a residential service contract is optional. Similar coverage may be
purchased from various companies authorized to do business in Texas.
S. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in
separate written agreements.
9. CLOSING:
A. The dosing of the sale will be on or before April i , 2016 • or within 7
days after objections made under Paragraph 6D have been cured or waived, whichever date
is later (Closing Date). If either party fails to close the sale by the Closing Date, the non -
defaulting party may exercise the remedies contained in Paragraph 15.
B. At dosing:
(1) Seller shall execute and deliver a general warranty deed conveying title to the Property
to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and
furnish tax statements or certificates showing no delinquent taxes on the Property.
J2) Buyer shall pay the Sales Price In good funds acceptable to the escrow agent.
3 Seller and Buyer shall execute and deliver any notices, statements, certificates,
affidavits releases, loan documents and other documents reasonably required for the
dosing ofi the sale and the issuance of the Title Policy.
(4) There will be no liens, assessments, or security interests against the Property which will
not be satisfied out of the sales proceeds unless securing the payment of any loans
assumed by Buyer and assumed loans will not be in default.
(5)If the Property is subject to a residential lease, Seller shall transfer security deposits (as
defined under §92.102, Property Code), if any, to Buyer. In such an event, Buyer shall
deliver to the tenant a signed statement acknowledging that the Buyer has received the
security deposit and is responsible for the return of the security deposit, and spedfying
the exact dollar amount of the security deposit.
10.1POSSESSION:
A Buyer's Possession: Seller shall deliver to Buyer possession of the Property In its present or
required condition, ordinary wear and tear excepted: Mpon dosing and funding
❑according to a temporary residential lease form promulgated by TREC or other written
lease required by the parties. Any possession by Buyer prior to closing or by Seiler after
closing which is not authorized by a written lease will establish a tenancy at sufferance
relationship between the parties. Consult your insurance agent prior to change of
ownership and possession because insurance coverage may be limited or
terminated. The absence of a written lease or appropriate insurance coverage may
expose the parties to economic loss.
B. Leases:
(1)After the Effective Date, Seller may not execute any lease (including but not limited to
mineral leases) or convey any interest in the Property without Buyer's written consent.
(2) If the Property is subject to any lease to which Seller is a party, Seller shall deliver to
Buyer copies of the lease(s) and any move -in condition form signed by the tenant
within 7 days after the Effective Date of the contract.
11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to
the sale. TREC rules prohibit licensees from adding factual statements or business details for
which a contract addendum, lease or other form has been promulgated by TREC for mandatory
use.)
See special provisions addendum.
12. SETTLEMENT AND OTHER EXPENSES:
A. The following expenses must be paid at or prior to closing:
(1) Expenses payable by Seller (Seller's Expenses):
(a) Releases of existing liens including prepayment penalties and recording fees;
release of Seller's loan liability; tax statements or certificates; preparation of deed;
one -half of escrow fee; and other expenses pa able by Seller under this contract.
(b) Seller shall also pay an amount not to exceed nh to be applied in the
Initialed for identification by Buyer,,,,C 1�/and Seller TREC NO. 20 -12
Contract Concerning 1224 N. Ronnie Brae page 6 of 9 44RM14
(Address of Property)
following order: Buyer's Expenses which Buyer is prohibited from paying by FHA,
VA, Texas Veterans Land Board or other governmental loan programs, and then to
other Buyer's Expenses as allowed by the lender.
(2) Ex enses payable by Buyer (Buyer's Expenses): Appraisal fees; loan application fees;
adfusted origination charges; credit reports; preparation of loan documents; interest
on the notes from date of disbursement to one month prior to dates of first monthly
payments; recording fees; copies of easements and restrictions; loan title policy with
endorsements required by lender; loan - related inspection fees; photos; amortization
schedules; one -half of escrow fee; all prepaid items, including required premiums for
flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and
special governmental assessments; final compliance inspection; courier fee; repair
Inspection- underwriting fee; wire transfer fee- expenses incident to any loan; Private
Mortgage insurance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance
Premium (MIP) as required by the lender; and other expenses payable by Buyer under
this contract.
B. If any expense exceeds an amount expressly stated in this contract for such expense to
be paid by a party that party may terminate this contract unless the other party agrees to
pay such excess. buyer may not pay charges and fees expressly prohibited by FHA, VA,
Texas Veterans Land Board or other governmental loan program regulations.
13. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues
and rents will be prorated through the Closing Date. The tax proration may be calculated
taking into consideration any change In exemptions that will affect the current year's taxes.
If taxes for the current year vary from the amount prorated at closing, he parties shall
adjust the prorations when tax statements for the current year are available. If taxes are not
paid at or prior to dosing, Buyer shall pay taxes for the current year.
14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other
casualty after the effective date of this contract, Seller shall restore the Property to its
previous condition as soon as reasonably possible, but in any event by the Closing Gate. If
Seller falls to do so due to factors beyond Seller's control, Buyer may (a) terminate this
contract and the earnest money will be refunded to Buyer (b) extend the time for
performance up to 15 days and the Closing Date will be extended as necessary or (c) accept
the Property In its damaged condition with an assignment of insurance proceeds and receive
credit from Seller at closing in the amount of the deductible under the Insurance policy.
Seller's obligations under this paragraph are independent of any other obligations of Seiler
under this contract.
15. DEFAULT: If Buyer fails to comply with this contract Buyer will be in default and Seller may
(a) enforce specific performance, seek such other relief as may be provided 6y law, or both,
or (b) terminate this contract and receive the eamest money as liquidated damages, #hereby
releasing both parties from this contract. If Seller falls to comply with this contract Seller wit,
be in default and Buyer may (a) enforce specific performance, seek such other relief as may
be provided by law, or both, or (b) terminate this contract and receive the earnest money,
thereby releasing both parties from this contract.
16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes
through alternative dispute resolution procedures such as mediation. Any dispute between
Seller and Buyer related to this contract which is not resolved through informal discussion
will be submitted to a mutually acceptable mediation service or provider. The parties to the
mediation shall bear the mediation costs equally. This paragraph does not predude a party
from seeking equitable relief from a court of competent jurisdiction.
17. ATTORNEYS PEES: A Buyer, Seller, Listing Broker, Other Broker, or escrow agent who
prevails in any legal proceeding related to this contract is entitled to recover reasonable
attorney's fees and all costs of such proceeding.
18. ESCROW:
A. ESCROW: The escrow agent Is not (I) a party to this contract and does not have liability
for the performance or nonperformance of any party to this contract, (ii) liable for interest
on the earnest money and (iii) liable for the loss of any earnest money caused by the
failure of any financial institution in which the eamest money has been deposited unless
the financial institution is acting as escrow agent.
B. _EXPENSES: At closing, the earnest money must be applied first to any cash down
payment, then to Buyer's Expenses and any excess refunded to Buyer. If no dosing
occurs, escrow agent may: (1) require a written release of liability of the escrow agent
from all parties, (ii) require payment of unpaid expenses incurred on behalf of a party,
and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on
behalf of the party receiving the earnest money.
C. DEMAND: Upon termination of this contract, either party or the escrow agent may send
a release of eamest money to each party and the parties shall execute counterparts of
Initialed for Identification by Buyer nd Seller TREC NO. 20 -12
Contract Concerning 1221 N Bonnie Brae Page 7 of 9 4 -28 -2014
(Address of Property)
the release and deliver same to the escrow agent. If either party fails to execute the
release, either party may make a written demand to the escrow agent for the earnest
money. If only one party makes written demand for the earnest money, escrow agent shall
promptly provide a copy of the demand to the other party. If escrow agent does not
receive written objection to the demand from the other party within 15 days, escrow agent
may disburse the earnest money to the party making demand reduced by the amount of
unpaid expenses incurred on behalf of the party receiving the earnest money and escrow
agent may pay the same to the creditors. If escrow agent complies with the provisions of
this paragraph, each party hereby releases escrow agent from all adverse claims related to
the disbursal of the earnest money.
D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the
escrow agent within 7 days of receipt of the request will be liable to the other party for
liquidated damages in an amount equal to the sum of: (1) three times the amount of the
earnest money; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of
suit.
E. NOTICES: Escrow agent's notices will be effective when sent in compliance with Paragraph
21. Notice of objection to the demand will be deemed effective upon receipt by escrow
agent.
19. REPRESENTATIONS: All covenants, representations and warranties in this contract survive
closing. If any representation of Seller in this contract is untrue on the Closing Date, Seller
will be in default. Unless expressly prohibited by written agreement, Seller may continue to
show the Property and receive, negotiate and accept back up offers.
20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by applicable
law, or if Seller fails to deliver an affidavit to Buyer that Seller is not a "foreign person," then
Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable
tax law and deliver the same to the Internal Revenue Service together with appropriate tax
forms. Intemal Revenue Service regulations require filing written reports if currency in
excess of specified amounts is received In the transaction.
21. NOTICES: All notices from one party to the other must be in writing and are effective when
mailed to, hand - delivered at, or transmitted by facsimile or electronic transmission as
follows:
To Buyer at: do Ruth Brock To Seller at: c/o Larry Collister
4325 Windsor Centre Trail, Ste. 100 Flower Mound, TX 75028 215 E. McKinnep Denton, Texas 76201
Telephone, (9n ) 353 -3400 Telephone: ( 940 )349 -8198
Facsimile: ( ) Facsimile: ( )
E -mail: brock@brocklegal.com E -mail: larry.collisterLacityofdenton.com
22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and
cannot be changed except by their written agreement. Addenda which are a part of this
contract are (Check all applicable boxes):
❑ Third Party Financing Addendum for Credit ❑ Environmental Assessment Threatened or
Approval Endangered Species and Wetlands
Addendum
❑ Seller Financing Addendum
❑ Seller's Temporary Residential Lease
❑ Addendum for Property Subject to
Mandatory Membership in a Property ❑ Short Sale Addendum
Owners Association
O Addendum for Property Located Seaward
❑ Buyer's Temporary Residential Lease of the Gulf Intracoastal Waterway
❑ Loan Assumption Addendum
❑ Addendum for Sale of Other Property by
Buyer
❑ Addendum for Reservation of Oil, Gas
and Other Minerals
O Addendum for "Back -Up" 0
❑ Addendum for Coastal Area
O Addendum for Seller's Disclosure of
Information on Lead -based Paint and Lead -
based Paint Hazards as Required by
Federal Law
❑ Addendum for Property in a Propane Gas
System Service Area
W Other (list): S e�cial Provisions Addendum.
Special Warranty Deed, Exhibit A
Initialed for Identification by Buyer .off Z114f and Seller TREC NO. 20-12
Contract concerning 1224 N. Bonnie Brae Page 8 of 9 4 -28 -2014
(Address of Property)
23. TERMINATION OPTION: For nominal consideration the receipt of which Is hereby
acknowledged by Seller, and Buyer's agreement to pay Seller $ n/a (Option Fee)
within 3 days after the effective date of this contract, Seller grants Buyer the unrestricted right to
terminate this contract by giving notice of termination to Seller within n/a days after the
effective date of this contract (Option Period). If no dollar amount Is stated as the Option Fee or
If Buyer fails to pay the Option Fee to Seller within the time prescribed, this paragraph will not be
a part of this contract and Buyer shall not have the unrestricted right to terminate this contract.
If Buyer gives notice of termination within the time prescribed, the Option Fee -Will n be
refunded; however any earnest money will be refunded to Buyer. The Option Fee i. wIII 5will
not be credited to tote Sales Price at closing. Time is of the essence for this paragraph and
strict compliance with the time for performance is required.
24. CONSULT AN ATTORNEY BEFORE SIGNING: TREC rules prohibit real estate licensees from
giving legal advice. READ THIS CONTRACT CAREFULLY.
Buyer's Seller's
Attorney is: Ruth Brock Attorney is:
4325 Windsor Centre Trail, Ste. 100, Flower Mound, TX 75028
Telephone: ( 972 ) 353 -3400
Facsimile: ( }
E -mail: brock@brockleaal.corn
Telephone: ( )
Facsimile: I }
E-mail:
EXECUTED the day of .2o16 (EFFECTIVE DATE).
(BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.)
Seller
Seller
,Th.f01.o11hISc.n"ctI1asbeon approved by the Texas Real Estate Commisslon. TREC forms are Intended for use only by trained real estate
licensees. No representation is made as to the legal validity or adequacy of any provision In any specific transactions. it Is not Intended for
complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, (S12) 936 -3000 (http: / /www.trec.texmgov)
TREC NO. 20 -12. This form replaces TREC NO. 20 -11.
TREC NO. 2D -12
Contract Concerning 1224 N. Bonnie Brae page g of g 4 -28 -2014
(Address of Property)
BROKER INFORMATION
(Print name(s) only. Do not sign)
n/a
Other Broker Firm License No.
represents ❑ Buyer only as Buyer's agent
O Seiler as Listing Broker's subagent
Name of Associate's licensed Supervisor Telephone
Associate's Name Telephone
Other Broker's Address Facsimile
city State Zip
Associate's Email Address
nta
Listing Broker Finn license No.
represents O Seller and Buyer as an intermediary
O Seller only as Seller's agent
Name of Associate's Licensed Supervisor Telephone
Listing Associate's Name Telephone
Listing Broker's Office Address Facsimile
City State Zip
Listing Associate's Email Address
Se1Gng Associate's Name Telephone
Name of Selling Associate's Licensed Supervisor Telephone
Selling Associate's Office Address Facsimile
city State Zip
Selling Associate's Email Address
Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Broker's I
fee Is received. Escrow agent is authorized and directed to pay other Broker from Listing Broker's fee at dosing. l
OPTION FEE RECEIPT
Receipt of $ (Option Fee) in the form of is acknowledged.
Seller or Listing Broker Date
CONTRACT AND EARNEST MONEY RECEIPT
Receipt of OContract and ❑$ Earnest Money in the form of
Is acknowledged.
Escrow Agent:
By:
Address
Email Address
City state Zip
Date:
Telephone ( )
Facsimile: (_)
TREC NO. 20 -12
This Addendum is made between Buyer and Seller, to that One to Four Family Residential
Contract having an effective date of , 2016 (the "Contract') between the parties
concerning approximately the property commonly known as1224 Bonnie Brae Street. Bonnie Brae,
Denton, Denton County, Texas, as more fully described in Exhibit A to the Contract (the "Property"). All
capitalized terms in this Addendum will have the meaning assigned to them in the Contract unless
otherwise provided. If there is any conflict between this Addendum and the Contract, the terms of this
Addendum will'controi.
1. "AS IS ". This contract is an arm's- length agreement between the parties. The Purchase
Price was bargained on the basis of an "AS IS, WHERE IS" transaction and reflects the agreement of the
parties that there are no representations, disclosures, or express or implied warranties, except those In
this contract and the closing documents.
Buyer is not relying on any representations, disclosures, or express or implied warranties other
than those expressly contained In this contract and the closing documents. Buyer is not relying on any
information regarding the property provided by any person, other than buyer's own inspection and the
representations and warranties contained in this contract and the closing documents.
2. Form of Special Warranty Deed. Purchaser and Seller agree that the form of the Special
Warranty Deed to be executed by Seller at closing is attached to the Contract (and this Addendum) as
Exhibit A and is incorporated by reference into the Contract.
Executed this day of _ .2016.
SELLER BUYER
The City of Denton
By:
Title: Jos Ifredo Riv
ADDENDUM TO ONE TO FOUR FAMILY RESIDENTIAL CONTRACT SOLO PAGE
WAS
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
Date: Effective the date signed by Grantor
Grantor: City of Denton, a Texas home -rule municipal corporation
Grantor's Mailing Address:
215 E. McKinney St.
Denton, Texas 76201
Grantee: Jose Alfredo Rivas
Grantee's Mailing Address:
1224 N. Bonnie Brae
Denton, Texas 76201
Consideration: TEN DOLLARS ($10) cash and other good and valuable consideration, the receipt of
which is hereby acknowledged, and for which no lien, expressed or implied, is retained in
this deed.
Property (including any improvements):
See Exhibit "A" attached and made a part of this Deed for all purposes.
Reservations from Conveyance:
1. Electric Transmission, Distribution and Communication Easement: For Grantor and
Grantor's successors, and assigns forever, a reservation of a free and perpetual easement
to erect, operate, maintain and service thereon one or more underground and/or above
ground electric transmission power, electric distribution power and/or communication
lines, each consisting of a variable number of wires and cables, along with all necessary,
convenient or desirable appurtenances, attachments and supporting structures, including
without limitation, foundations, guy wires and guy anchorages, and structural components
(collectively referred to herein as the "Facilities ") in, on, over, under and across the land
described in this paragraph and located on the Property. This easement is described in the
attached Exhibit "B -1 "and depicted in the attached Exhibit `B -2" ( "Electric Transmission,
Distribution and Communication Easement "). This Electric Transmission, Distribution and
Communication Easement is appurtenant to and runs with the Property. Improvement and
maintenance of Electric Transmission, Distribution and Communication Easement will be
at the sole expense of the holder of the easement. The holder has the right to eliminate any
encroachments into Electric Transmission, Distribution and Communication Easement.
The holder of the easement will maintain Electric Transmission, Distribution and
Communication Easement in a neat and clean condition. Grantee and Grantee's successors
Page 1 of 4 — Special Warranty Deed
and assigns have the right to use the surface of Electric Transmission, Distribution and
Communication Easement for unimpeded and ungated pedestrian and vehicular ingress,
egress and regress in, on and over the area noted as "concrete driveway" on Exhibit B -2"
attached to this Deed, and for all other purposes that do not unreasonably interfere with or
interrupt the use of the easement. Grantor shall have the right of ingress, egress and regress
in, on, over, under and across the Electric Transmission, Distribution and Communication
Easement for the purposes of, and right to, construct, maintain, operate, improve,
reconstruct, or reduce the size and capacity, repair, relocate, inspect, patrol, maintain,
remove or replace such Facilities within the Electric Transmission, Distribution and
Communication Easement as Grantor may from time to time find necessary, convenient or
desirable, along with all rights necessary or convenient for full use and enjoyment of the
above grant, including access over, across and upon the Electric Transmission, Distribution
and Communication Easement. Grantor shall have the right to trim or remove trees or
shrubbery within said Electric Transmission, Distribution and Communication Easement,
to the extent, in the sole judgment of Grantor, necessary or desirable to prevent possible
interference with the efficiency, safety and /or convenient operation of the Facilities or to
remove possible efficiency, safety or operational hazards thereto. Grantee shall not make
significant changes, which violate then current governmental, regulatory or administrative
laws, in grade, elevation or contour of the Electric Transmission, Distribution and
Communication Easement or impound water within, over and/or across the Electric
Transmission, Distribution and Communication Easement without prior written consent of
Grantor. Grantor, at Grantor's sole cost and expense, shall have the right to install gates in
existing or future fences built by Grantee within such Electric Transmission, Distribution
and Communication Easement; provided however, that such gates or fences do not impede
pedestrian or vehicular access to the Property at that area of the Property which is currently
a concrete drive, and is so reflected on Exhibit B -2 attached to this Deed.
Exceptions to Conveyance:
Liens described as part of the Consideration and any other liens described in this deed as being
either assumed or subject to which title is taken; validly existing easements, rights -of -way, and
prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions,
reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests
outstanding in persons other than Grantor, and other instruments, other than conveyances of the
surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls
and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or
boundary lines; any encroachments or overlapping of improvements; and taxes for 2015, which
Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to
change in land usage, ownership, or both, the payment of which Grantee assumes.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular
the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's
heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant
and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns
against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim
is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty.
Page 2 of 4 — Special Warranty Deed
GRANTOR:
CITY OF DENTON,
A Texas home -rule municipal corporation
George C. Campbell, City Manager
ATTEST:
Jennifer Walters, City Secretary
APPROVED AS TO FORM:
Anita Burgess, City Attorney
Acknowledgment
State of Texas §
Denton County §
This instrument was acknowledged before me on the day of , 2016, by George
C. Campbell, City Manager of the City of Denton, Texas, a Texas home -rule municipal corporation, on
behalf of said home -rule municipal corporation.
Notary Public, State of Texas
Page 3 of 4 — Special Warranty Deed
GRANTEE'S ACCEPTANCE OF DEED
Joe Rivas, Grantee, accepts this Special Warranty Deed and consents to its form and substance.
Grantee acknowledges that the terms of this deed conform with Grantee's intent and that the will control in
the event of any conflict with the contract Grantee signed regarding the Property described in this deed.
Jose Alfredo Rivas, Grantee
Acknowledgment
State of Texas §
Denton County §
This instrument was acknowledged before me on the day of , 2016, by Jose
Alfredo Rivas.
Notary Public, State of Texas
After recording, return to:
Jose Alfredo Rivas
1224 N. Bonnie Brae
Denton, Texas 76201
Page 4 of 4 — Special Warranty Deed
EXHIBIT "A"
TO
SPECIAL WARRANTY DEED
LEGAL DESCRIPTION
BEING a 0272 acre tract of land situated In the R. Beaumont Survey, Abstract No. 31, City of Denton,
Denton County, Texas, and being known as that tract of land described in a Deed to Linda Marie Castes,
as recorded in Volume 1164, Page 671 of the Deed Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a 1J2 Inch iron rod found for comer In the East line of Bonnie Brae Street (a variable width
right -of way), said point being the Southwest comer of the above cited Caslas tract of land;
THENCE North 00 053'49° East along the East line of said Bonnie Brae Street, for a distance of 90.94 feet
to a 1 inch rod (bent) found for comer in the South line of Emery Drive, a called 60' wide Street and
Drainage Easement described as Tract V per document recorded in Volume 408, Page 33 of the Deed
Records of Denton County, Texas,
THENCE South 89°38'56" East along the South One of said Emery Drive, for a distance of 130.44 feet to
a 518 inch iron rod with cap stamped "TNP' set for comer at the Northeast comer of said Caslas tract,
said point also being In the West line of Block F per the revised plat of Bellemead Subdivision, Third
Section, as recorded in Cabinet A, Page 192 of the Plat Records of Denton County, Texas;
THENCE South 00021104" West along the East line of said Caslas tract and the West line of said Block F,
for a distance of 90.24 feet to a 518 Inch Iron rod found for comer at the Southeast comer of same, said
point also being the Northeast comer of Lot 1, Block A per the Final Plat of Windsor Hall Addition, as
recorded In Cabinet K. Page 379 of the Plat Records of Denton County, Texas;
THENCE North 89 057'17" West along the South line of said Caslas tract and the North line of said Lot 1,
passing the Northwest comer of said Lot 1 at a distance of 118.41 feet, and continuing along the South
line of said Caslas tract for a total distance of 131.31 feet to the POINT OF BEGINNING, and containing
0272 acres of land, more or less.
EXHIBIT B -1
LEGAL DESCRIPTION
ELECTRIC EASEMENT
BEING a 0.081 acre tract of land situated in the R. Beaumont Survey, Abstract No. 31, City of
Denton, Denton County, Texas, and being part of a 0.272 acre tract of land described in a
Deed to the City of Denton, Texas, as recorded in Document No. 2015 -35575 of the Official
Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a 1!2 inch iron rod found for comer In the East line of Bonnie Brae Street (a
variable width right -of -way), said point being the Southwest comer of the above cited 0.272
acre tract;
THENCE North 00 053'49" East along the East line of said Bonnie Brae Street, for a distance
of 90.94 feet to a 1 inch rod (bent) found for comer in the South line of Emery Drive, a called
60' wide Street and Drainage Easement described as Tract V per document recorded in
Volume 408. Page 33 of the Deed Records of Denton County, Texas,
THENCE South 89 038'56" East along the South line of said Emery Drive, for a distance of
40.39 feet to a point for comer,
THENCE South 02 042'02" West departing the South line of said Emery Drive, for a distance
of 90.81 feet to a point for comer in the South line of said 0.272 acre tract and the North line
of Lot 1, Block A per the Final Plat of Windsor Hall Addition, as recorded in Cabinet K, Page
379 of the Plat Records of Denton County, Texas;
THENCE North 89°57'17" West along the South line of said 0.272 acre tract and the North
line of said Lot 1, passing the Northwest corner of said Lot 1 at a distance of 25.03 feet and
continuing along the South line of said 0.272 acre tract for a total distance of 37.53 feet to the
POINT OF BEGINNING, and containing 0.081 acres of land, more or less.
(votes;
t. Bearings are referenced to Grid North of the Texas Coordthate system of 1983, North CentrW om No.
4202
2 M easement exhibit of even date herewith accompanies this tegat desWplion. See Sheet 2
R 6t i
Todd B. Tumor, R.P.L.S. No. 4859 y. 4�
Teague Nall & Perkins J.essN..N. „.
1517 Centre Place Drive, Suite 320 Toou 0. u
N.NNNN/
Denton, Texas 76205A 4859
940- 383 -4177 lq mess,
Date: October 28, 2015 Su
T.B.P.L.S. Firm No. 10011601
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SCALE: 1"=30'
LEGEND
CALCULATED PCOIT
0
1/2 IRON ROD FOUND (UNLESS OTHERWSE NOTED)
0
5/8 IRON ROD SET STAMPED 'TNP*
(CM)
CONTROLLING MONUMENT
SITUATED IN THE
POWER POLE
R. BEAUMONT SURVEY, ABSTRACT NO. 31
GUY WIRE
CITY OF DENTON, DENTON COUNTY, TEXAS
vmzoN unLITY
WATER METER
GAS METER
A
AIR cotIDITIoliER
ELECTRIC METER
SIGN
SUBF-CT TRACT BOUNDARY
PROPERTY LINE
OWRHEAD ELECTRIC LINE
GStr
VMIEAD WIRE
CDHAINUNK FE14CE LINE
EMERY STREET
(60' VVIDE STREET AND DR4 INAGE ESAI r
TRACT V - VOL, •08, PG. 33 - D,R 0, C. T.)
GONCAL 1c, PA vr'vew
a
NOTES'
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iprunrlsirn
VALV•
Bononr., of lines shown hereon are referenced to Grid North of the Texas Coordinate System of 19a3 (North Central
Zone; NAD83(CORS96) Epoch 2002,00) as derived locally from Westann Data Systems Continuously Operating
Reference Stations (COBS) via Real Tirno Kinematic (RTK) methods. The distances shown hereon represent surface
V-11u0s utilizing an Average Crrnbunifion Fnctor of 1,000150630
This exhibil was Prepared wilh benefit of trial certain Title Cornmilment, GF No. 146517 with effective date of
Fobruari 1, 2015, provided by Taki Resources Guaranty Company. For casements, lights•cf-way andfor other
matters of record that may affect this tract, the Surveyor raked solely on said TMe Commitment.
teaque nail & parkins
1511 C-0. fn— D,;-, S.H. 320
0") ^TO-76205
940,333.4177 ph 940.3310076 f.
I'p;—.-
T.S.PA,S. F!... N. 10011601
X Q
&W IRF I
(CM) I
0 F
..............
0.081 ACRE
TODD 8. TURNEf;**
.....................
4859
ELECTRIC EASEMENT
Vpo'c S 0
"
SITUATED IN THE
S
R. BEAUMONT SURVEY, ABSTRACT NO. 31
CITY OF DENTON, DENTON COUNTY, TEXAS
SHEET 2 OF 2 TNP PROJECT DME13222
@ CZ13 COPTAN00 IT 1CWX K4,6 AM PrRua, uM ALL Rjam,
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 16 -355, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Denton Municipal Electric
CM/ ACM: Howard Martin
Date: February 23, 2016
SUBJECT
Consider the approval of an ordinance of the City of Denton approving the sale of 1224 N. Bonnie Brae St.,
Denton, Denton County, Texas ( "Property "), to Jose Alfredo Rivas ( "Rivas "), as Buyer, for the purchase price
of One Hundred and Seventy Five Thousand Six Hundred and Ninety Eight Dollars and Eight Cents ($175,
698.08) as stated in the One to Four Family Residential Contract ( "Contract "); authorizing the City Manager in
accordance with Texas Local Government Code 272.001(k) to execute a deed to Rivas together with any other
documents necessary to sell and convey the Property; and providing an effective date. (Hickory Street DME
Substation) (This item to be considered only if a Motion for Reconsideration of the foregoing agenda item is
approved.)
BACKGROUND
Denton Municipal Electric acquired a residential structure located at 1224 North Bonnie Brae Street as part of
the Hickory Street Substation expansion process. The Hickory Street Substation project resulted in the
displacement of a citizen, Mr. Jose Rivas, which in turn required the City to provide assistance in finding
decent, safe, and sanitary living accommodations for Mr. Rivas. It was then determined that the house located
at 1224 North Bonnie Brae Street could be repaired and remodeled to meet the Americans with Disability Act
(ADA) requirements for a wheelchair bound person and to bring the house in to compliance with building
codes, and subsequently sold to Mr. Rivas. These services and the obligation to provide a suitable residence
are also required to comply with Federal Uniform Assistance and Real Property Acquisition Policies Act of
1970.
Because of his disability, Mr. Rivas was not able to find a suitable rental property that would pass as decent,
safe and sanitary, nor was he able to find a property owner that would allow construction to make the home
wheelchair accessible. Therefore, the City of Denton has provided Mr. Rivas the opportunity to purchase a
home that was in the possession of the City. This home required extensive repairs in order to meet the ADA
requirements for a person in a wheelchair. In addition, other repairs were necessary to comply with the decent
safe and sanitary requirements, including asbestos abatement, foundation and roof repairs.
The Uniform Act of Relocation Assistance and Real Property Acquisition Policies Act of 1970, requires the
agency (City of Denton) to go above and beyond the typical requirements in order to accommodate any
displacees facing unusual and extraordinary circumstances in order to provide sufficient replacement housing.
This repair and proposed sale of this property is the City of Denton's effort to meet the requirements of these
City of Denton Page 1 of 3 Printed on 2/19/2016
File M ID 16 -355, Version: 1
regulations.
OPTIONS
1. Recommend approval to sell this real property.
2. Do not recommend approval to sell this real property purchase and provide staff with further direction.
3. Table for future discussion
4. Postpone action for a future date.
RECOMMENDATION
DME staff recommends the sale of this real property.
ESTIMATED SCHEDULE OF PROJECT
The project will be complete upon closing
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.
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).
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public
Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and
Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council
agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.3 Promote superior utility services and facilities
EXHIBITS
1. Ordinance (contains contract & exhibits)
City of Denton Page 2 of 3 Printed on 2/19/2016
File #: ID 16 -355, Version: 1
Respectfully submitted:
Phil Williams
General Manager
Prepared by:
Smith Day
Compliance Manager
City of Denton Page 3 of 3 Printed on 2/19/2016
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON APPROVING THE SALE OF 1224 N.
BONNIE BRAE ST., DENTON, DENTON COUNTY, TEXAS ( "PROPERTY "), TO JOSE
ALFREDO RIVAS ( "RIVAS "), AS BUYER, FOR THE PURCHASE PRICE OF ONE
HUNDRED AND SEVENTY FIVE THOUSAND SIX HUNDRED AND NINETY EIGHT
DOLLARS AND EIGHT CENTS ($175,698.08) AS STATED IN THE ONE TO FOUR
FAMILY RESIDENTIAL CONTRACT ( "CONTRACT "); AUTHORIZING THE CITY
MANAGER IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 272.001(k)
TO EXECUTE A DEED TO RIVAS TOGETHER WITH ANY OTHER DOCUMENTS
NECESSARY TO SELL AND CONVEY THE PROPERTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton has acquired numerous property interests 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, Jose Alfredo Rivas, is legally disabled and requires specific housing needs which
have not been able to be found within the City;
WHEREAS, the City owns residential real property located at 1224 N. Bonnie Brae St.
( "Property ") 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;
WHEREAS, on September 1, 2015, the City Council approved that renovations be made
to the Property in order to provide Rivas with comparable replacement housing which is decent,
safe and sanitary (Ordinance No. 2015 -257);
WHEREAS, the renovations to the Property have been completed and that the Property
provides Rivas comparable replacement housing which is decent, safe and sanitary;
WHEREAS, Rivas has made an offer to purchase the Property from the City for
$$175,698.08;
WHEREAS, it is in the best interest of the City to sell the Property to Rivas; and
WHEREAS, the City, under Local Government Code, Section 272.001(k), has passed a
resolution stating the conditions and circumstances for the sale of the Property directly to Rivas
and the public purpose achieved by said sale; NOW, THEREFORE,,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is authorized (a) to execute on behalf
of the City (i) the One to Four Family Residential Conti-act ("Contract"), between the City and
Rivas, in the form attached as Exhibit "I" and made a part hereof, with a purchase price of
$175,698.08, plus costs and expenses, all as stated in the Contract; and (ii) any other documents
necessary for closing the transaction contemplated by the Contract, including, but not limited to
executing a Special Warranty Deed, in the form attached as Exhibit "A" to the Contract which
contains a reservation of an electric transmission, distribution and communication easement,
conveying the Property to Buyer; (b) accept payment from Buyer; and, (c) to make expenditures
in accordance with the terms of the Contract.
SECTION 2. The findings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
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 2016.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
0
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
EXHIBIT "A"
4-28-2014
-------------
40. COMMISSION (TREC)
PROMULGATED BY THE TEXAS REAL ESTATE (RESALE)
L=J RESIDENTIAL CONTRACT
90UAL NOVAt"O ONE TO FOUR FAMILY 'Transactions
00001"UNt" NOTICE: Not For Use For Condominium
1. PARTIES: The parties to this contract are The rit of Denton
v - (Buyer).
(Seller) and lose Alfredo Rivas buy from Seller the Property defined
Seller agrees to sell and convey to Buyer and Buyer agrees to b
below.
2. PROPERTY: The land, improveand accessories are collectively referred to as the "Property".
tints a
A. LAND: Lot Block____�, County of Denton
Addition, City Of Denton — Cached as Exhibit "A".
Texas, known as , a
B. IMPROVEMENTS: The house, garage and all other fixtures and improvements attached to the
above-described real property, Including without limitation, the following permanently installed
and built-in items, if any: all equipment and appliances, valances, screens, shutters, awnings,
wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas, mounts
and brackets for televisions and speakers, heating and air-conditioning units, security and fire
detection equipment bing and lighting fixtures, chandeliers, water softener system,
, wiring, plum outdoor
kitchen equipment, garage door openers, cleaning equipment, shrubbery, landscaping,
cooking equipment, and all other property owned by Seller and attached to the above described
real property.
C. ACCESSORIES: The following described related accessories, if any: window air conditioning units,
stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, door keys,
mailbox keys, above ground pool, swimming pool equipment and maintenance accessories,
artificial fireplace logs, and controls for: (I) garage doors, (ii) entry gates, and (III) other
improvements and accessories.
D. EXCLUSIONS: The following improvements and accessories will be retained by Seller and must
be removed prior to delivery of possession:
3. SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at closing .............................
B. Sum of all financing described below (excluding any loan funding
feeor mortgage insurance premium) ............................................
C. Sales Price (Sum of A and B)...,....• .... ...............................
4. FINANCING (Not for use with reverse mortgage financing): The portion of Sales Price not
payable in cash will be paid as follows: (Check applicable boxes below)
0 A.THIRD PARTY FINANCING: One or more third party mortgage loans in the total amount of
$ (excluding any loan funding fee or mortgage insurance premium).
(1) Property Approval: If the Property does not satisfy the lenders' underwriting requirements for
the loan(s) (including, but not limited to appraisal, insurability and lender required repairs),
Buyer may terminate this contract by giving notice to Seller prior to closing and the eamest
money will be refunded to Buyer.
(2) Credit Approval: (Check one box only)
Q (a) This contract Is subject to Buyer being approved for the financing described in the attached
Third Party Financing Addendum for Credit Approval.
0 (b) This contract is not subject to Buyer being approved for financing and does not involve FHA
or VA financing.
U B, ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory notes
described in the attached TREC Loan Assumption Addendum.
0 C. SELLER FINANCING: A promissory note from Buyer to Seller of $ secured by
vendor's and deed of trust liens, and containing the terms and conditions described in the attached
TREC Seller Financing Addendum. If an owner policy of title insurance is furnished, Buyer shall
furnish Seller with a mortgagee policy of title insurance.
-�Cllt:l, dL z:ieiter*s exoense I
Contract Concerning 1224 N. Bonnie Brae Page 2 of 9 4 -28 -2014
(Address of Property)
S. EARNEST MONEY: Upon execution of this contract by all parties, Buyer shall deposit
$ n/a as eamest money with n/a , as escrow
agent, at n/a (address). Buyer
shall deposit additional eamest money of $ n/a with escrow agent within
n!a days after the effective date of this contract. If Buyer fails to deposit the earnest money as
required by this contract, Buyer will be in default.
6. TITLE POLICY AND SURVEY:
A. TITLE POLICY: Seller shall furnish to Buyer at IBS Iler's E3 Buyer's expe se an owner policy
of title insurance (Title Policy) issued by Reunion Tine, Attn: Rebecca i C (Title
Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against
loss under the provisions of the Title Policy, subject to the promulgated exclusions (including
existing building and zoning ordinances) and the following exceptions:
(1) Restrictive covenants common to the platted subdivision in which the Property is located.
(2) The standard printed exception for standby fees, taxes and assessments.
(3) Liens created as part of the financing described in Paragraph 4.
(4) Utility easements created by the dedication deed or plat of the subdivision in which the
Property is located.
(5) Reservations or exceptions otherwise permitted by this contract or as may be approved
by Buyer in writing.
(6) The standard printed exception as to marital rights.
(7) The standard printed exception as to waters, tidelands, beaches, streams, and related
matters.
(8) The standard printed exception as to discrepancies, conflicts, shortages in -area or boundary
lines, encroachments or protrusions, o verlappping improvements: (1) will not be
amended or deleted from t title policy; Wii) will be amended to read, "shortages in area"
at the expense of UBuyer Weller.
B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract,
Seller shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer`s
expense, legible copies of restrictive covenants and documents evidencing exceptions in the
Commitment (Exception Documents) other than the standard printed exceptions. Seller
authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer
at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are
not delivered to Buyer within the specified time, the time for delivery will be automatically
extended up to 15 days or 3 days before the Closing Date, whichever is earlier. If, due to
factors beyond Seller's control, the Commitment and Exception Documents are not delivered
within the time required, Buyer may terminate this contract and the eamest money will be
refunded to Buyer.
C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to
the Title Company and Buyer's lender(s). (Check one box only)
❑(1)Within days after the effective date of this contract, Seller shall fumish to Buyer
and Title Company Seller's existing survey of the Property and a Residential Real Property
Affidavit promulgated by the Texas Department of Insurance (T -47 Affidavit). If Seller
fails to furnish the existing survey or affidavit within the time prescribed, Buyer
shall obtain a new survey at Seller's expense no later than 3 days prior to Closing
Date. If the existing survey or affidavit Is not acceptable to Title Company or Buyer's
lender(s), Buyer shall obtain a new survey at ❑Seller's ❑Buyer's expense no later than 3
days prior to Closing Date.
❑(2)Within days after the effective date of this contract, Buyer shall obtain a new
survey at Buyer's expense. Buyer is deemed to receive the survey on the date of actual
receipt olothe date specified in this paragraph, whichever is earlier.
C§) Within days after the effective date of this contract, Seller, at Seller's expense
shall furnish a new survey to Buyer.
D. OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances to title:
disclosed on the survey other than Items 6A(1) through (7) above; disclosed in the
Commitment other than items 6A(1) through (8) above; or which prohibit the following use
or activity: n/a
t3uyer must ODjea the earlier or (I) the closing Date or (ii) t_i_ asys alter uuyer receives
the Commitment, Exception Documents and the survey. Buyers failure to object within the
time allowed will constitute a waiver of buyer's right to object; except that the requirements
In Schedule C of the Commitment are not waived by Buyer. Provided Seller is not obligated
to incur any expense, Seller sh ure the timely objections of Buyer or any third party lender
Initialed for Identification by B and Seller TREC NO. 20 -12
Contract Concerning 1224 N. Bonnie Brae Page 3 of 9 4 -28 -2014
(Address of Property)
within 15 days after Seller receives the objections and the Closing Date will be extended as
necessary. If objections are not cured within such 15 day period, this contract will terminate
and the earnest money will be refunded to Buyer unless Buyer waives the objections.
E. TITLE NOTICES:
(1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering
the Property examined by an attorney f Buyer's selection, or Buyer should be furnished
with or obtain a Title Policy. If a Title Policy is furnished the Commitment should be
promptly reviewed by an attomey of Buyer's choice due to tie time limitations on Buyer's
right to oW ct.
(2} MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S): The Property Oss CPIs not subject
to mandatory membership In a property owners association(s). If the Property is subject
to mandatory membership in a property owners association(s), Seller notifies Buyer under
§5.012, Texas Property Code, that, as a purchaser of property in the residential
community identified in Paragraph 2A in which the Property is located, you are obligated
to be a member of the property owners associations). Restrictive covenants governing
the use and occupancy of the Property and all dedicatory instruments governing the
establishment, maintenance, or operation of this residential community have been or will
be recorded in the Real Property Records of the county in which the property is located.
Copies of the restrictive covenants and dedicatory instruments may be obtained from the
county clerk. You are obligated to pay assessments to the Property owners
Section 207.003, Prope Co e, entities an owner to receive copies of any document that
govems the establishment, maintenance, or operation of a subdivision, including, but not
limited to, restrictions, bylaws, rules and regulations, and a resale certificate from a
roperty owners' association. A resale certificate contains information including, but not
Imited to, statements specifying the amount and frequency of regular assessments and
the style and cause number of lawsuits to which the property owners' association is a
party, other than lawsuits relating to unpaid ad valorem taxes of an individual member of
the association. These documents must be made available to you by the property owners'
association or the association's agent on your request.
If Buyer is concerned about these matters, the TREC promulgated Addendum for
Property Subject to Mandatory Membership in a Property Owners Association(s)
should be used.
(3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily
created district providing water, sewer, drainage, or flood control facilities and services,
Chapter 49 Texas Water Code requires Seller to deliver and Buyer to sign the statutory
notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to
final execution of this contract.
(4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135,
Texas Natural Resources Code, requires a notice regarding coastal area propperty to be
Included in the contract. An addendum containing the notice promulgated by TREC or
required by the parties must be used.
(5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies
Buyer under §5.011, Texas Property Code, that the Property may now or later be included
in the extraterritorial jurisdiction of a municipality and may now or later be subject to
annexation by the municipality. Each municipality maintains a map that depicts its
boundaries and extraterritorial jurisdiction. To determine if the Property is located within a
municipality's extraterritorial jurisdiction or Is likely to be located within a municipality's
extraterritorial jurisdiction, contact all municipalities located in the general proximity of
the Property for further information.
(6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE
PROVIDER: Notice required by §13.257, Water Code: The real property, described in
Paragraph 2, that you are about to purchase may be located in a certificated water or
sewer service area, which is authorized by law to provide water or sewer service to the
properties in the certificated area. If your property is located in a certificated area there
may be special costs or charges that you will be required to pay before you can receive
water or sewer service. There may be a period required to construct lines or other
facilities necessary to provide water or sewer service to your property. You are advised to
determine if the property is in a certificated area and contact the utility service provider
to determine the cost that you will be required to pay and the period, if any, that is
required to provide water or sewer service to your property. The undersigned Buyer
hereby acknowledges receipt of the foregoing notice at or before the execution of a
binding contract for the purchase of the real property described in Paragraph 2 or at
closing of purchase of the real property.
,0%
Initialed for identification by Buyer ,s/,l��i—,-y and Seiler TREC NO. 20 -12
Contract Concerning 1224 N. Bonnie Brae Page 4 of 9 4- 28-2014
(Address of Property)
(7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district,
§5.014, Property Code, requires Seller to notify Buyer as follows: As a purchaser of this
parcel of real property you are obligated to pay an assessment to a municipality or
county for an improvement project undertaken by a public improvement district under
Chapter 3 ?2, Local Government Code. The assessment may be due annualiy or in
periodic insfiallments.- More information concerning the amount of the assessment and the
due dates of that assessment may be obtained from the municipality or county levying
the assessment. The amount of the assessments is subject to change. Your failure to pay
the assessments could result in a lien on and the foreclosure of your property.
(8) TRANSFER FEES: If the Property is subject to a private transfer fee obligation, §5.205,
Property Code, requires Seller to notify Buyer as follows: The private transfer fee
obligation may be governed by Chapter 5, Subchapter G of the Texas Property Code.
(9) PROPANE GAS SYSTEM SERVICE AREA: If the Property Is located in a propane gas
system service area owned by a distribution system retailer, Seller must give Buyer
written notice as required by 141.010 Texas Utilities Code. An addendum containing
the notice approved by TREC or required by the parties should be used.
7. PROPERTY CONDITION:
A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access
to the Property at reasonable times. Buyer may have the Property inspected by inspectors
selected by Buyer and licensed by TREC or otherwise permitted by law to make Inspections.
Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall
keep the utilities on during the time this contract is in effect.
B. SELLER'S DISCLOSURE NOTICE PURSUANT TO §5.008, TEXAS PROPERTY CODE (Notice):
Check one box only)
❑ 1 Buyer has received the Notice.
E3 23 Buyer has not received the Notice. Within days after the effective date of this
contract, Seller shall deliver the Notice to Buyer. If Buyer does not receive the Notice,
Buyer may terminate this contract at any time prior to the closing and the earnest money
will be refunded to Buyer. If Seller delivers the Notice, Buyer may terminate this contract
for any reason within 7 days after Buyer receives the Notice or prior to the closing,
whichever first occurs, and the earnest money will be refunded to Buyer.
M3)The Seller is not required to furnish the notice under the Texas Property Code.
C. SELLERS DISCLOSURE OF LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS is
required by Federal law for a residential dwelling constructed prior to 1978.
D. ACCEPTANCE OF PROPERTY CONDITION: "As W means the present condition of the Property
with any and all defects and without warranty except for the warranties of title and the
warranties in this contract. Buyer's agreement to accept the Property As Is under Paragraph
7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A, from
negotiating rirepairs r Option ts Period if in subsequent amendment, or from terminating this
�4Check one box only) f y
1) Buyer accepts the Property As Is.
❑ (2) Buyer accepts the Property As Is provided Seller, at Seller's expense, shall complete the
following specific repairs and treatments:
(Do not insert general phrases, such as "subject to Inspections" that do not identify
specific repairs and treatments.)
E. LENDER REQUIRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, neither
party Is obligated to pay for lender required repairs, which Includes treatment for wood
destroying insects. If the parties do not agree to pay for the lender required repairs or
treatments, this contract will terminate and the earnest money will be refunded to Buyer. If
the cost of lender required repairs and treatments exceeds 5% of the Sales Price, Buyer may
terminate this contract and the earnest money will be refunded to Buyer.
F. COMPLETION OF REPAIRS AND TREATMENTS: Unless otherwise agreed in writing: (1) Seller
shall complete all agreed repairs and treatments prior to the Closing Date* and (11) all required
permits must be obtained, and repairs and treatments must be performed by persons who are
licensed to provide such repairs or treatments or, if no license is required by law, are
commercially engaged in the trade of providing such repairs or treatments. At Buyer's
election, any transferable warranties received b Seller with respect to the repairs and
treatments will be transferred to Buyer at Buyers expense. If Seiler fails to complete any
agreed repairs and treatments prior to the Closing Date Buyer may exercise remedies under
Paragraph 15 or extend the Closing Date up to 5 days ii` necessary for Seller to complete the
repairs and treatments.
G. ENVIRONMENTAL MATTERS: Buyer ' advised that the presence of wetlands, toxic substances,
Including asbestos and wast other environmental hazards, or the presence of a
threatened or endangered s es or its habitat may affect Buyer's Intended use of the
Initialed for identification by Buyer �ZOJ4(and Seller TREC NO. 20 -12
Contact Concerning U2_4 N Bonnie Brae Page 5 of 9 4 -28 -2014
(Address of Property)
Property. If Buyer Is concerned about these matters, an addendum promulgated by TREC or
required by the parties should be used.
H. RESIDENTIAL SERVICE CONTRACTS: Buyer may purchase a residential service contract
from a residential service company licensed by TREC. If Buyer purchases a residential
service contract, Seller shall reimburse Buyer at closing for the cost of the residential
service contract in an amount not exceeding $ nla Buyer should review any
residential service contract for the scope of coverage, exclusions and limitations. The
purchase of a residential service contract is optional. Similar coverage may be
purchased from various companies authorized to do business in Texas.
S. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in
separate written agreements.
9. CLOSING:
A. The dosing of the sale will be on or before April i , 2016 • or within 7
days after objections made under Paragraph 6D have been cured or waived, whichever date
is later (Closing Date). If either party fails to close the sale by the Closing Date, the non -
defaulting party may exercise the remedies contained in Paragraph 15.
B. At dosing:
(1) Seller shall execute and deliver a general warranty deed conveying title to the Property
to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and
furnish tax statements or certificates showing no delinquent taxes on the Property.
J2) Buyer shall pay the Sales Price In good funds acceptable to the escrow agent.
3 Seller and Buyer shall execute and deliver any notices, statements, certificates,
affidavits releases, loan documents and other documents reasonably required for the
dosing ofi the sale and the issuance of the Title Policy.
(4) There will be no liens, assessments, or security interests against the Property which will
not be satisfied out of the sales proceeds unless securing the payment of any loans
assumed by Buyer and assumed loans will not be in default.
(5)If the Property is subject to a residential lease, Seller shall transfer security deposits (as
defined under §92.102, Property Code), if any, to Buyer. In such an event, Buyer shall
deliver to the tenant a signed statement acknowledging that the Buyer has received the
security deposit and is responsible for the return of the security deposit, and spedfying
the exact dollar amount of the security deposit.
10.1POSSESSION:
A Buyer's Possession: Seller shall deliver to Buyer possession of the Property In its present or
required condition, ordinary wear and tear excepted: Mpon dosing and funding
❑according to a temporary residential lease form promulgated by TREC or other written
lease required by the parties. Any possession by Buyer prior to closing or by Seiler after
closing which is not authorized by a written lease will establish a tenancy at sufferance
relationship between the parties. Consult your insurance agent prior to change of
ownership and possession because insurance coverage may be limited or
terminated. The absence of a written lease or appropriate insurance coverage may
expose the parties to economic loss.
B. Leases:
(1)After the Effective Date, Seller may not execute any lease (including but not limited to
mineral leases) or convey any interest in the Property without Buyer's written consent.
(2) If the Property is subject to any lease to which Seller is a party, Seller shall deliver to
Buyer copies of the lease(s) and any move -in condition form signed by the tenant
within 7 days after the Effective Date of the contract.
11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to
the sale. TREC rules prohibit licensees from adding factual statements or business details for
which a contract addendum, lease or other form has been promulgated by TREC for mandatory
use.)
See special provisions addendum.
12. SETTLEMENT AND OTHER EXPENSES:
A. The following expenses must be paid at or prior to closing:
(1) Expenses payable by Seller (Seller's Expenses):
(a) Releases of existing liens including prepayment penalties and recording fees;
release of Seller's loan liability; tax statements or certificates; preparation of deed;
one -half of escrow fee; and other expenses pa able by Seller under this contract.
(b) Seller shall also pay an amount not to exceed nh to be applied in the
Initialed for identification by Buyer,,,,C 1�/and Seller TREC NO. 20 -12
Contract Concerning 1224 N. Ronnie Brae page 6 of 9 44RM14
(Address of Property)
following order: Buyer's Expenses which Buyer is prohibited from paying by FHA,
VA, Texas Veterans Land Board or other governmental loan programs, and then to
other Buyer's Expenses as allowed by the lender.
(2) Ex enses payable by Buyer (Buyer's Expenses): Appraisal fees; loan application fees;
adfusted origination charges; credit reports; preparation of loan documents; interest
on the notes from date of disbursement to one month prior to dates of first monthly
payments; recording fees; copies of easements and restrictions; loan title policy with
endorsements required by lender; loan - related inspection fees; photos; amortization
schedules; one -half of escrow fee; all prepaid items, including required premiums for
flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and
special governmental assessments; final compliance inspection; courier fee; repair
Inspection- underwriting fee; wire transfer fee- expenses incident to any loan; Private
Mortgage insurance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance
Premium (MIP) as required by the lender; and other expenses payable by Buyer under
this contract.
B. If any expense exceeds an amount expressly stated in this contract for such expense to
be paid by a party that party may terminate this contract unless the other party agrees to
pay such excess. buyer may not pay charges and fees expressly prohibited by FHA, VA,
Texas Veterans Land Board or other governmental loan program regulations.
13. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues
and rents will be prorated through the Closing Date. The tax proration may be calculated
taking into consideration any change In exemptions that will affect the current year's taxes.
If taxes for the current year vary from the amount prorated at closing, he parties shall
adjust the prorations when tax statements for the current year are available. If taxes are not
paid at or prior to dosing, Buyer shall pay taxes for the current year.
14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other
casualty after the effective date of this contract, Seller shall restore the Property to its
previous condition as soon as reasonably possible, but in any event by the Closing Gate. If
Seller falls to do so due to factors beyond Seller's control, Buyer may (a) terminate this
contract and the earnest money will be refunded to Buyer (b) extend the time for
performance up to 15 days and the Closing Date will be extended as necessary or (c) accept
the Property In its damaged condition with an assignment of insurance proceeds and receive
credit from Seller at closing in the amount of the deductible under the Insurance policy.
Seller's obligations under this paragraph are independent of any other obligations of Seiler
under this contract.
15. DEFAULT: If Buyer fails to comply with this contract Buyer will be in default and Seller may
(a) enforce specific performance, seek such other relief as may be provided 6y law, or both,
or (b) terminate this contract and receive the eamest money as liquidated damages, #hereby
releasing both parties from this contract. If Seller falls to comply with this contract Seller wit,
be in default and Buyer may (a) enforce specific performance, seek such other relief as may
be provided by law, or both, or (b) terminate this contract and receive the earnest money,
thereby releasing both parties from this contract.
16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes
through alternative dispute resolution procedures such as mediation. Any dispute between
Seller and Buyer related to this contract which is not resolved through informal discussion
will be submitted to a mutually acceptable mediation service or provider. The parties to the
mediation shall bear the mediation costs equally. This paragraph does not predude a party
from seeking equitable relief from a court of competent jurisdiction.
17. ATTORNEYS PEES: A Buyer, Seller, Listing Broker, Other Broker, or escrow agent who
prevails in any legal proceeding related to this contract is entitled to recover reasonable
attorney's fees and all costs of such proceeding.
18. ESCROW:
A. ESCROW: The escrow agent Is not (I) a party to this contract and does not have liability
for the performance or nonperformance of any party to this contract, (ii) liable for interest
on the earnest money and (iii) liable for the loss of any earnest money caused by the
failure of any financial institution in which the eamest money has been deposited unless
the financial institution is acting as escrow agent.
B. _EXPENSES: At closing, the earnest money must be applied first to any cash down
payment, then to Buyer's Expenses and any excess refunded to Buyer. If no dosing
occurs, escrow agent may: (1) require a written release of liability of the escrow agent
from all parties, (ii) require payment of unpaid expenses incurred on behalf of a party,
and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on
behalf of the party receiving the earnest money.
C. DEMAND: Upon termination of this contract, either party or the escrow agent may send
a release of eamest money to each party and the parties shall execute counterparts of
Initialed for Identification by Buyer nd Seller TREC NO. 20 -12
Contract Concerning 1221 N Bonnie Brae Page 7 of 9 4 -28 -2014
(Address of Property)
the release and deliver same to the escrow agent. If either party fails to execute the
release, either party may make a written demand to the escrow agent for the earnest
money. If only one party makes written demand for the earnest money, escrow agent shall
promptly provide a copy of the demand to the other party. If escrow agent does not
receive written objection to the demand from the other party within 15 days, escrow agent
may disburse the earnest money to the party making demand reduced by the amount of
unpaid expenses incurred on behalf of the party receiving the earnest money and escrow
agent may pay the same to the creditors. If escrow agent complies with the provisions of
this paragraph, each party hereby releases escrow agent from all adverse claims related to
the disbursal of the earnest money.
D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the
escrow agent within 7 days of receipt of the request will be liable to the other party for
liquidated damages in an amount equal to the sum of: (1) three times the amount of the
earnest money; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of
suit.
E. NOTICES: Escrow agent's notices will be effective when sent in compliance with Paragraph
21. Notice of objection to the demand will be deemed effective upon receipt by escrow
agent.
19. REPRESENTATIONS: All covenants, representations and warranties in this contract survive
closing. If any representation of Seller in this contract is untrue on the Closing Date, Seller
will be in default. Unless expressly prohibited by written agreement, Seller may continue to
show the Property and receive, negotiate and accept back up offers.
20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by applicable
law, or if Seller fails to deliver an affidavit to Buyer that Seller is not a "foreign person," then
Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable
tax law and deliver the same to the Internal Revenue Service together with appropriate tax
forms. Intemal Revenue Service regulations require filing written reports if currency in
excess of specified amounts is received In the transaction.
21. NOTICES: All notices from one party to the other must be in writing and are effective when
mailed to, hand - delivered at, or transmitted by facsimile or electronic transmission as
follows:
To Buyer at: do Ruth Brock To Seller at: c/o Larry Collister
4325 Windsor Centre Trail, Ste. 100 Flower Mound, TX 75028 215 E. McKinnep Denton, Texas 76201
Telephone, (9n ) 353 -3400 Telephone: ( 940 )349 -8198
Facsimile: ( ) Facsimile: ( )
E -mail: brock@brocklegal.com E -mail: larry.collisterLacityofdenton.com
22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and
cannot be changed except by their written agreement. Addenda which are a part of this
contract are (Check all applicable boxes):
❑ Third Party Financing Addendum for Credit ❑ Environmental Assessment Threatened or
Approval Endangered Species and Wetlands
Addendum
❑ Seller Financing Addendum
❑ Seller's Temporary Residential Lease
❑ Addendum for Property Subject to
Mandatory Membership in a Property ❑ Short Sale Addendum
Owners Association
O Addendum for Property Located Seaward
❑ Buyer's Temporary Residential Lease of the Gulf Intracoastal Waterway
❑ Loan Assumption Addendum
❑ Addendum for Sale of Other Property by
Buyer
❑ Addendum for Reservation of Oil, Gas
and Other Minerals
O Addendum for "Back -Up" 0
❑ Addendum for Coastal Area
O Addendum for Seller's Disclosure of
Information on Lead -based Paint and Lead -
based Paint Hazards as Required by
Federal Law
❑ Addendum for Property in a Propane Gas
System Service Area
W Other (list): S e�cial Provisions Addendum.
Special Warranty Deed, Exhibit A
Initialed for Identification by Buyer .off Z114f and Seller TREC NO. 20-12
Contract concerning 1224 N. Bonnie Brae Page 8 of 9 4 -28 -2014
(Address of Property)
23. TERMINATION OPTION: For nominal consideration the receipt of which Is hereby
acknowledged by Seller, and Buyer's agreement to pay Seller $ n/a (Option Fee)
within 3 days after the effective date of this contract, Seller grants Buyer the unrestricted right to
terminate this contract by giving notice of termination to Seller within n/a days after the
effective date of this contract (Option Period). If no dollar amount Is stated as the Option Fee or
If Buyer fails to pay the Option Fee to Seller within the time prescribed, this paragraph will not be
a part of this contract and Buyer shall not have the unrestricted right to terminate this contract.
If Buyer gives notice of termination within the time prescribed, the Option Fee -Will n be
refunded; however any earnest money will be refunded to Buyer. The Option Fee i. wIII 5will
not be credited to tote Sales Price at closing. Time is of the essence for this paragraph and
strict compliance with the time for performance is required.
24. CONSULT AN ATTORNEY BEFORE SIGNING: TREC rules prohibit real estate licensees from
giving legal advice. READ THIS CONTRACT CAREFULLY.
Buyer's Seller's
Attorney is: Ruth Brock Attorney is:
4325 Windsor Centre Trail, Ste. 100, Flower Mound, TX 75028
Telephone: ( 972 ) 353 -3400
Facsimile: ( }
E -mail: brock@brockleaal.corn
Telephone: ( )
Facsimile: I }
E-mail:
EXECUTED the day of .2o16 (EFFECTIVE DATE).
(BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.)
Seller
Seller
,Th.f01.o11hISc.n"ctI1asbeon approved by the Texas Real Estate Commisslon. TREC forms are Intended for use only by trained real estate
licensees. No representation is made as to the legal validity or adequacy of any provision In any specific transactions. it Is not Intended for
complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, (S12) 936 -3000 (http: / /www.trec.texmgov)
TREC NO. 20 -12. This form replaces TREC NO. 20 -11.
TREC NO. 2D -12
Contract Concerning 1224 N. Bonnie Brae page g of g 4 -28 -2014
(Address of Property)
BROKER INFORMATION
(Print name(s) only. Do not sign)
n/a
Other Broker Firm License No.
represents ❑ Buyer only as Buyer's agent
O Seiler as Listing Broker's subagent
Name of Associate's licensed Supervisor Telephone
Associate's Name Telephone
Other Broker's Address Facsimile
city State Zip
Associate's Email Address
nta
Listing Broker Finn license No.
represents O Seller and Buyer as an intermediary
O Seller only as Seller's agent
Name of Associate's Licensed Supervisor Telephone
Listing Associate's Name Telephone
Listing Broker's Office Address Facsimile
City State Zip
Listing Associate's Email Address
Se1Gng Associate's Name Telephone
Name of Selling Associate's Licensed Supervisor Telephone
Selling Associate's Office Address Facsimile
city State Zip
Selling Associate's Email Address
Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Broker's I
fee Is received. Escrow agent is authorized and directed to pay other Broker from Listing Broker's fee at dosing. l
OPTION FEE RECEIPT
Receipt of $ (Option Fee) in the form of is acknowledged.
Seller or Listing Broker Date
CONTRACT AND EARNEST MONEY RECEIPT
Receipt of OContract and ❑$ Earnest Money in the form of
Is acknowledged.
Escrow Agent:
By:
Address
Email Address
City state Zip
Date:
Telephone ( )
Facsimile: (_)
TREC NO. 20 -12
This Addendum is made between Buyer and Seller, to that One to Four Family Residential
Contract having an effective date of , 2016 (the "Contract') between the parties
concerning approximately the property commonly known as1224 Bonnie Brae Street. Bonnie Brae,
Denton, Denton County, Texas, as more fully described in Exhibit A to the Contract (the "Property"). All
capitalized terms in this Addendum will have the meaning assigned to them in the Contract unless
otherwise provided. If there is any conflict between this Addendum and the Contract, the terms of this
Addendum will'controi.
1. "AS IS ". This contract is an arm's- length agreement between the parties. The Purchase
Price was bargained on the basis of an "AS IS, WHERE IS" transaction and reflects the agreement of the
parties that there are no representations, disclosures, or express or implied warranties, except those In
this contract and the closing documents.
Buyer is not relying on any representations, disclosures, or express or implied warranties other
than those expressly contained In this contract and the closing documents. Buyer is not relying on any
information regarding the property provided by any person, other than buyer's own inspection and the
representations and warranties contained in this contract and the closing documents.
2. Form of Special Warranty Deed. Purchaser and Seller agree that the form of the Special
Warranty Deed to be executed by Seller at closing is attached to the Contract (and this Addendum) as
Exhibit A and is incorporated by reference into the Contract.
Executed this day of _ .2016.
SELLER BUYER
The City of Denton
By:
Title: Jos Ifredo Riv
ADDENDUM TO ONE TO FOUR FAMILY RESIDENTIAL CONTRACT SOLO PAGE
WAS
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
Date: Effective the date signed by Grantor
Grantor: City of Denton, a Texas home -rule municipal corporation
Grantor's Mailing Address:
215 E. McKinney St.
Denton, Texas 76201
Grantee: Jose Alfredo Rivas
Grantee's Mailing Address:
1224 N. Bonnie Brae
Denton, Texas 76201
Consideration: TEN DOLLARS ($10) cash and other good and valuable consideration, the receipt of
which is hereby acknowledged, and for which no lien, expressed or implied, is retained in
this deed.
Property (including any improvements):
See Exhibit "A" attached and made a part of this Deed for all purposes.
Reservations from Conveyance:
1. Electric Transmission, Distribution and Communication Easement: For Grantor and
Grantor's successors, and assigns forever, a reservation of a free and perpetual easement
to erect, operate, maintain and service thereon one or more underground and/or above
ground electric transmission power, electric distribution power and/or communication
lines, each consisting of a variable number of wires and cables, along with all necessary,
convenient or desirable appurtenances, attachments and supporting structures, including
without limitation, foundations, guy wires and guy anchorages, and structural components
(collectively referred to herein as the "Facilities ") in, on, over, under and across the land
described in this paragraph and located on the Property. This easement is described in the
attached Exhibit "B -1 "and depicted in the attached Exhibit `B -2" ( "Electric Transmission,
Distribution and Communication Easement "). This Electric Transmission, Distribution and
Communication Easement is appurtenant to and runs with the Property. Improvement and
maintenance of Electric Transmission, Distribution and Communication Easement will be
at the sole expense of the holder of the easement. The holder has the right to eliminate any
encroachments into Electric Transmission, Distribution and Communication Easement.
The holder of the easement will maintain Electric Transmission, Distribution and
Communication Easement in a neat and clean condition. Grantee and Grantee's successors
Page 1 of 4 — Special Warranty Deed
and assigns have the right to use the surface of Electric Transmission, Distribution and
Communication Easement for unimpeded and ungated pedestrian and vehicular ingress,
egress and regress in, on and over the area noted as "concrete driveway" on Exhibit B -2"
attached to this Deed, and for all other purposes that do not unreasonably interfere with or
interrupt the use of the easement. Grantor shall have the right of ingress, egress and regress
in, on, over, under and across the Electric Transmission, Distribution and Communication
Easement for the purposes of, and right to, construct, maintain, operate, improve,
reconstruct, or reduce the size and capacity, repair, relocate, inspect, patrol, maintain,
remove or replace such Facilities within the Electric Transmission, Distribution and
Communication Easement as Grantor may from time to time find necessary, convenient or
desirable, along with all rights necessary or convenient for full use and enjoyment of the
above grant, including access over, across and upon the Electric Transmission, Distribution
and Communication Easement. Grantor shall have the right to trim or remove trees or
shrubbery within said Electric Transmission, Distribution and Communication Easement,
to the extent, in the sole judgment of Grantor, necessary or desirable to prevent possible
interference with the efficiency, safety and /or convenient operation of the Facilities or to
remove possible efficiency, safety or operational hazards thereto. Grantee shall not make
significant changes, which violate then current governmental, regulatory or administrative
laws, in grade, elevation or contour of the Electric Transmission, Distribution and
Communication Easement or impound water within, over and/or across the Electric
Transmission, Distribution and Communication Easement without prior written consent of
Grantor. Grantor, at Grantor's sole cost and expense, shall have the right to install gates in
existing or future fences built by Grantee within such Electric Transmission, Distribution
and Communication Easement; provided however, that such gates or fences do not impede
pedestrian or vehicular access to the Property at that area of the Property which is currently
a concrete drive, and is so reflected on Exhibit B -2 attached to this Deed.
Exceptions to Conveyance:
Liens described as part of the Consideration and any other liens described in this deed as being
either assumed or subject to which title is taken; validly existing easements, rights -of -way, and
prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions,
reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests
outstanding in persons other than Grantor, and other instruments, other than conveyances of the
surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls
and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or
boundary lines; any encroachments or overlapping of improvements; and taxes for 2015, which
Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to
change in land usage, ownership, or both, the payment of which Grantee assumes.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular
the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's
heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant
and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns
against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim
is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty.
Page 2 of 4 — Special Warranty Deed
GRANTOR:
CITY OF DENTON,
A Texas home -rule municipal corporation
George C. Campbell, City Manager
ATTEST:
Jennifer Walters, City Secretary
APPROVED AS TO FORM:
Anita Burgess, City Attorney
Acknowledgment
State of Texas §
Denton County §
This instrument was acknowledged before me on the day of , 2016, by George
C. Campbell, City Manager of the City of Denton, Texas, a Texas home -rule municipal corporation, on
behalf of said home -rule municipal corporation.
Notary Public, State of Texas
Page 3 of 4 — Special Warranty Deed
GRANTEE'S ACCEPTANCE OF DEED
Joe Rivas, Grantee, accepts this Special Warranty Deed and consents to its form and substance.
Grantee acknowledges that the terms of this deed conform with Grantee's intent and that the will control in
the event of any conflict with the contract Grantee signed regarding the Property described in this deed.
Jose Alfredo Rivas, Grantee
Acknowledgment
State of Texas §
Denton County §
This instrument was acknowledged before me on the day of , 2016, by Jose
Alfredo Rivas.
Notary Public, State of Texas
After recording, return to:
Jose Alfredo Rivas
1224 N. Bonnie Brae
Denton, Texas 76201
Page 4 of 4 — Special Warranty Deed
EXHIBIT "A"
TO
SPECIAL WARRANTY DEED
LEGAL DESCRIPTION
BEING a 0272 acre tract of land situated In the R. Beaumont Survey, Abstract No. 31, City of Denton,
Denton County, Texas, and being known as that tract of land described in a Deed to Linda Marie Castes,
as recorded in Volume 1164, Page 671 of the Deed Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a 1J2 Inch iron rod found for comer In the East line of Bonnie Brae Street (a variable width
right -of way), said point being the Southwest comer of the above cited Caslas tract of land;
THENCE North 00 053'49° East along the East line of said Bonnie Brae Street, for a distance of 90.94 feet
to a 1 inch rod (bent) found for comer in the South line of Emery Drive, a called 60' wide Street and
Drainage Easement described as Tract V per document recorded in Volume 408, Page 33 of the Deed
Records of Denton County, Texas,
THENCE South 89°38'56" East along the South One of said Emery Drive, for a distance of 130.44 feet to
a 518 inch iron rod with cap stamped "TNP' set for comer at the Northeast comer of said Caslas tract,
said point also being In the West line of Block F per the revised plat of Bellemead Subdivision, Third
Section, as recorded in Cabinet A, Page 192 of the Plat Records of Denton County, Texas;
THENCE South 00021104" West along the East line of said Caslas tract and the West line of said Block F,
for a distance of 90.24 feet to a 518 Inch Iron rod found for comer at the Southeast comer of same, said
point also being the Northeast comer of Lot 1, Block A per the Final Plat of Windsor Hall Addition, as
recorded In Cabinet K. Page 379 of the Plat Records of Denton County, Texas;
THENCE North 89 057'17" West along the South line of said Caslas tract and the North line of said Lot 1,
passing the Northwest comer of said Lot 1 at a distance of 118.41 feet, and continuing along the South
line of said Caslas tract for a total distance of 131.31 feet to the POINT OF BEGINNING, and containing
0272 acres of land, more or less.
EXHIBIT B -1
LEGAL DESCRIPTION
ELECTRIC EASEMENT
BEING a 0.081 acre tract of land situated in the R. Beaumont Survey, Abstract No. 31, City of
Denton, Denton County, Texas, and being part of a 0.272 acre tract of land described in a
Deed to the City of Denton, Texas, as recorded in Document No. 2015 -35575 of the Official
Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a 1!2 inch iron rod found for comer In the East line of Bonnie Brae Street (a
variable width right -of -way), said point being the Southwest comer of the above cited 0.272
acre tract;
THENCE North 00 053'49" East along the East line of said Bonnie Brae Street, for a distance
of 90.94 feet to a 1 inch rod (bent) found for comer in the South line of Emery Drive, a called
60' wide Street and Drainage Easement described as Tract V per document recorded in
Volume 408. Page 33 of the Deed Records of Denton County, Texas,
THENCE South 89 038'56" East along the South line of said Emery Drive, for a distance of
40.39 feet to a point for comer,
THENCE South 02 042'02" West departing the South line of said Emery Drive, for a distance
of 90.81 feet to a point for comer in the South line of said 0.272 acre tract and the North line
of Lot 1, Block A per the Final Plat of Windsor Hall Addition, as recorded in Cabinet K, Page
379 of the Plat Records of Denton County, Texas;
THENCE North 89°57'17" West along the South line of said 0.272 acre tract and the North
line of said Lot 1, passing the Northwest corner of said Lot 1 at a distance of 25.03 feet and
continuing along the South line of said 0.272 acre tract for a total distance of 37.53 feet to the
POINT OF BEGINNING, and containing 0.081 acres of land, more or less.
(votes;
t. Bearings are referenced to Grid North of the Texas Coordthate system of 1983, North CentrW om No.
4202
2 M easement exhibit of even date herewith accompanies this tegat desWplion. See Sheet 2
R 6t i
Todd B. Tumor, R.P.L.S. No. 4859 y. 4�
Teague Nall & Perkins J.essN..N. „.
1517 Centre Place Drive, Suite 320 Toou 0. u
N.NNNN/
Denton, Texas 76205A 4859
940- 383 -4177 lq mess,
Date: October 28, 2015 Su
T.B.P.L.S. Firm No. 10011601
Z
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SCALE: 1"=30'
LEGEND
CALCULATED PCOIT
0
1/2 IRON ROD FOUND (UNLESS OTHERWSE NOTED)
0
5/8 IRON ROD SET STAMPED 'TNP*
(CM)
CONTROLLING MONUMENT
SITUATED IN THE
POWER POLE
R. BEAUMONT SURVEY, ABSTRACT NO. 31
GUY WIRE
CITY OF DENTON, DENTON COUNTY, TEXAS
vmzoN unLITY
WATER METER
GAS METER
A
AIR cotIDITIoliER
ELECTRIC METER
SIGN
SUBF-CT TRACT BOUNDARY
PROPERTY LINE
OWRHEAD ELECTRIC LINE
GStr
VMIEAD WIRE
CDHAINUNK FE14CE LINE
EMERY STREET
(60' VVIDE STREET AND DR4 INAGE ESAI r
TRACT V - VOL, •08, PG. 33 - D,R 0, C. T.)
GONCAL 1c, PA vr'vew
a
NOTES'
A7
I–MOS GAM
P 1,
iprunrlsirn
VALV•
Bononr., of lines shown hereon are referenced to Grid North of the Texas Coordinate System of 19a3 (North Central
Zone; NAD83(CORS96) Epoch 2002,00) as derived locally from Westann Data Systems Continuously Operating
Reference Stations (COBS) via Real Tirno Kinematic (RTK) methods. The distances shown hereon represent surface
V-11u0s utilizing an Average Crrnbunifion Fnctor of 1,000150630
This exhibil was Prepared wilh benefit of trial certain Title Cornmilment, GF No. 146517 with effective date of
Fobruari 1, 2015, provided by Taki Resources Guaranty Company. For casements, lights•cf-way andfor other
matters of record that may affect this tract, the Surveyor raked solely on said TMe Commitment.
teaque nail & parkins
1511 C-0. fn— D,;-, S.H. 320
0") ^TO-76205
940,333.4177 ph 940.3310076 f.
I'p;—.-
T.S.PA,S. F!... N. 10011601
X Q
&W IRF I
(CM) I
0 F
..............
0.081 ACRE
TODD 8. TURNEf;**
.....................
4859
ELECTRIC EASEMENT
Vpo'c S 0
"
SITUATED IN THE
S
R. BEAUMONT SURVEY, ABSTRACT NO. 31
CITY OF DENTON, DENTON COUNTY, TEXAS
SHEET 2 OF 2 TNP PROJECT DME13222
@ CZ13 COPTAN00 IT 1CWX K4,6 AM PrRua, uM ALL Rjam,
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 16 -253, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Police Department
CM/ ACM: John Cabrales
Date: February 23, 2016
SUBJECT
Receive a report, hold a discussion, and provide staff direction regarding Ordinance 2014 -112 Use of Wireless
Communication Devices while Driving.
BACKGROUND
During the February 18, 2014, City Council Work Session, staff provided a presentation on a proposed
ordinance recommended by the Traffic Safety Commission (TSC) that would prohibit all use of handheld
wireless communication devices while operating a motor vehicle in the City of Denton. After consideration of
the proposed ordinance and associated data on distracted driving, Council requested staff to revise the draft
ordinance to restrict only texting while operating a motor vehicle in the City of Denton.
On May 6, 2014, the City Council approved Ordinance 2014 -112 prohibiting texting while driving on any
roadway within the City of Denton, excluding the interstate highways and their associated frontage roads. In
addition, Council directed staff to bring back a report to Council in one year that reviews the effectiveness of
the texting ban.
The cities of Little Elm and Argyle recently enacted ordinances banning the use of handheld communication
devices by drivers. Council Member Wazny requested we schedule this item to revisit the possibility of
strengthening our current ordinance.
DISCUSSION
Traffic crash statistics in Texas are documented through the filing of Texas Department of Transportation
Crash Report Form CR -3. A section of the form calls for the investigating officer's opinion of factors and /or
conditions that contributed, or inay have contributed to the crash. There could be none, or several contributable
actions or conditions noted on any one crash. For many years, the factors of "Distraction in Vehicle" and
"Driver Inattention" were used to document the many possible distractions inside or outside the vehicle.
In recent years, a specific factor of "Cell/Mobile Phone Use" was given a separate designation on the CR -3,
leaving all other factors to fall into one of the other broad categories. Therefore, a specific analysis of
distractions other than cell phones requires an examination of the narrative of each crash report, and some
cannot be determined. In researching the impact of cellular phone use and other related driving distractions, the
City of Denton Page 1 of 4 Printed on 2/19/2016
File #: ID 16 -253, Version: 1
Department conducted an analysis of 6,947 motor vehicle crashes from 2014 through current 2016. During this
period, there were 191 (3 %) crashes reported that listed either "distraction in vehicle" or some use of cell
phone /mobile device as a contributing factor. An analysis of these crash reports showed that 64 (0.92 %) of
reported accidents involved cell phone /mobile device usage while 127 (1.8 %) involved some type of distraction
other than cell phones.
Crash Factor /Year
2014
2015
2016
Grand Total
CELL/MOBILE PHONE USE
21
21
CELL/MOBILE DEVICE USE - OTHER
11
1
12
CELL/MOBILE DEVICE USE - TALKING
10
1
11
CELL/MOBILE DEVICE USE - TEXTING
14
14
CELL/MOBILE DEVICE USE - UNKNOWN
5
1
DISTRACTION IN VEHICLE
54
71
2
127
Grand Total
5
11
�91
* cell/mobile specific use not available
Other Distractions
There are multiple factors, other than cell/mobile device usage, that contribute to crashes related to a distracted
driver. During a 36 month period between September 1, 2010, and August 31, 2013, crash reports showed that
when the distraction could be identified, there were at least eight different types that resulted in crashes.
Motor Vehicle Crash Distractions
City of Denton Page 2 of 4 Printed on 2/19/2016
File #: ID 16 -253, Version: 1
Cargo Shi,
Adjusting I
Equipn
S%
Insect in Vehicle
5
Methods and Effectiveness of Enforcement
Officers enforce "Texting While Driving" in a manner similar to seatbelt violations; the officer must observe
the driver "using" the device inside the vehicle. Unlike seatbelt violations, cell phone violations are easily
concealed from police. As a result, "Texting While Driving" citations represent 0.76% of the overall amount of
traffic violations issued to drivers in Denton since the passage of the ordinance prohibiting texting while
driving.
Violation
2014
2015
2016
Texting While Driving Citations
152
149
22
Total Traffic Citations
23,198
17,118
2,305
Percentage
P.66%
.87%
P.95%
Cell Phone Prohibitions in Texas Cities
• Drivers with learners' permits are prohibited from using handheld cell phones in the first six months of
driving.
City of Denton Page 3 of 4 Printed on 2/19/2016
File #: ID 16 -253, Version: 1
Drivers under the age of 18 are prohibited from using wireless communications devices.
• School bus operators are prohibited from using cell phones while driving if children are present.
In school zones, all drivers are prohibited from texting and using handheld devices while driving.
• Local restrictions. According to the Texas Legislative Council, 42 cities have ordinances prohibiting
texting while driving or complete hand held bans. In addition, 44 states have adopted laws restricting
cell phone use in some form.
Anything that impairs, diverts, or distracts the attention of the driver away from the task of operating the motor
vehicle will increase the risk of being involved in a crash. The operation of cell phones and other electronic
devices that cause a driver to divert his vision or attention from the road are one of the many such distractions
available to drivers that contribute to crashes. With current available data, effectiveness of distracted driving
laws as a tool to reduce motor vehicle crashes remains uncertain. However, crash results should continue to be
monitored for any increases in the number of accidents related to distracted driving.
PRIOR ACTION/REVIEW
On May 6, 2014, the City Council approved Ordinance No. 2014 -112, prohibiting texting while driving on any
roadway within the City of Denton.
FISCAL INFORMATION
N/A
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public
Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and
Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council
agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal:
Prepared by:
Lenn Carter
Deputy Chief Carter
Safe, Liveable & Family - Friendly Community
4.1 Enhance public safety in the community
Respectfully submitted:
Lee Howell
Chief of Police
City of Denton Page 4 of 4 Printed on 2/19/2016
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 16 -260, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: City Manager's Office
CM/ ACM: Bryan Langley
Date: February 23, 2016
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the City of Denton Strategic Plan and the
performance management and open data components of the What Works Cities initiative.
BACKGROUND
In April 2011, the City Council approved the first city -wide strategic plan for the City of Denton. The strategic
plan was a product of the input generated from the 2008/2009 Citizen Survey, two City Council Planning
Sessions, two Leadership Retreats, and a special appointed Strategic Planning Steering Committee.
Following this effort, staff created a Strategic Plan Performance Report. This report was first published in
March 2012, and it is updated on a periodic basis as part of the quarterly financial report. This report is sent to
the City Council in a hard copy format, and it is also published electronically on the city's website for public
viewing. The purpose of the report is to provide staff, the City Council, and the general public with information
regarding the city's progress in achieving targeted levels of performance related to our goals and objectives
identified in the strategic plan.
Most recently, the City Council approved the FY 2015 -16 Strategic Plan in September 2015 (see Exhibit 1). As
a result of several City Council work sessions and through the internal review process, the following key
changes to the Strategic Plan were proposed and approved:
• Included an additional goal in KFA 4 (Safe, Liveable and Family Friendly Community) to
promote increased emphasis on supporting citizens through social service programs and agencies.
• Included additional key performance indicators for DTV (KFA 1), Police (KFA 4),
Environmental Services (KFA 4), and Transportation (KFA 5).
• Included a new section entitled "Key Action Steps" that highlights high -level tasks that link
broad policy goals with specific actions (See Exhibit 2 for a status update on these items).
• Included an appendix that provides additional information and justification for the key
performance indicators that are being measured.
Since there were significant changes made to this document last year, staff is not proposing any changes to the
goals or objectives in the upcoming fiscal year. The purpose of this work session is to solicit feedback from the
City of Denton Page 1 of 2 Printed on 2/19/2016
File #: ID 16 -260, Version: 1
City Council on whether any changes are desired to the strategic plan, and how the strategic planning and
budgeting processes can be further integrated.
The What Works Cities (WWC) program 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 (See Exhibits 3 and 4 for more information on the WWC program). 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 group of 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.
City staff began working with the WWC team in the fall of last year, and we would like to provide the City
Council with an update on the progress of the project. Additionally, the attached presentation will describe our
next steps to finalize the WWC project, integrate action steps into the FY 2016 -17 Strategic Plan, and
implement the recommendations (See Exhibit 5).
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public
Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and
Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council
agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
Exhibit L
FY 2015 -16 Strategic Plan
Exhibit 2:
Status of Key Action Steps
Exhibit 3:
What Works Cities Overview
Exhibit 4:
What Works Cities Program Summary
Exhibit 5:
Presentation
Respectfully submitted:
Bryan Langley
Assistant City Manager
City of Denton Page 2 of 2 Printed on 2/19/2016
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U ,/ % /r Cities
What Works Cities (') is elevating and accelerating cities' use of data and evidence to engage residents,
make local governments more effective, and improve people's lives. We are the nation's most comprehensive
philanthropic initiative helping local leaders identify and invest in what woks.
4 'I / II ' °,1)! G 14
Cities are eager to provide the best services for their residents, but face challenges in trying to use data
and evidence to make informed decisions about what is in fact best, such as:
• Lack of people, policies, and systems needed to be able to use data and evidence when making
budget, policy, and management decisions;
• Lack of expertise and a culture of performance management and accountability; and
• Political barriers to changing current practices that aren't achieving desired outcomes.
So, dollars are often spent on programs that target the wrong problem, underperform, or don't work at all.
What Works Cities partners with mayors and other local government leaders who are committed to making
evidence based decisions and provides them with the support and resources they need for success in this work:
• Using the What Works Cities Standard as a guide, WWC learns about cities' existing practices using
data to support decision - making and provides city- specific recommendations for improvement;
• Through world -class partners, WWC provides mayors and local leaders with robust technical assistance and
expertise to build capacity for investing in what works; and
• WWC is building a national network of cities learning from each other's work and developing best
practices for effective city government.
The WWC Standard reflects a set of principles and activities that create a strong foundation for the
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
effective use of data and evidence in city government. The components reflect the kinds of work city
leaders have taken on across the United States to advance What Works practice in their cities:
• Coin, un, liit, What Works Cities leaders make powerful, public commitments to getting better results
for their residents by using data and evidence
• M easuure, What Works Cities leaders use the data and tools at their disposal to measure
progress and engage citizens along the way
"'1111 " "'ske Stook, What Works Cities leaders consistently review and reflect to measure progress,
• learn and make corrections and improvements
• Act: What Works Cities leaders use data and evidence to inform major decisions and take action
The What Works Cities partnership brings unparalleled expertise to support cities in this work. Our world -class
partners include:
• Center for Government Excellence at Johns Hopkins: Releasing city data to engage residents and
empowering leaders to define and track progress on city priorities
• Sunlight Foundation: Releasing city data to engage residents
• Behavioral Insights Team: Utilizing evaluations to improve city services and programs
• Government Performance Lab at Harvard Kennedy School: Improving city contracts to focus on results
• Results for America: Shifting funding to drive the most impact for city dollars
Over three years, What Works Cities is directly partnering with over 100 mid -sized American municipalities
and developing a learning network to connect cities nationwide to share best practices, learn from our
experts and develop a robust peer to peer learning community to advance this practice nationwide.
Learn more at whatworkscities.org; follow us on Twitter @yWh t VoirlksClitli.es.
WWC I'VIIIH E"I's �ro 111111,J)" 11�111�11' S
What Works Cities has been busy since launching early in2O15:
• April 2015: Public launch of the initiative including the What Works {}ideo Standard
• June 2015:115 cities applied to participate in the initiative within the first 6vveeko
• August 2015: First announcement of 8 cities selected to partner with What Works Cities
• By November 201�:C}urinida|cideo have made meaningful and rapid progress in the vvork'including:
• {}readngand improvingsustainable open data policies
• Establishing and improving open data portals with clear processes for identifying and releasing data
• Defining and strengthening strategic goals
• Launching performance management programs
• Beginning rapid evaluations to improve city services
• Launching processes ho shift contracts to focus on desired outcomes
Learn more at whatworkscities.org; follow us on Twitter @What.W..o r.k..s..QJ...t.i..e s-
'�, ll a ��,( V 11 r 11[ � 0 ,
What Works Cities
What Wmrics Ci4i�es is a new, national initiative from
Bloomberg Philanthropies. Its mission is to elevate
and accelerate cities' use of data and evidence to
engage citizens, make government more effective,
and improve people's lives.
Our world-class program partners include the Behavioral Insights Team, Harvard Kennedy School
Government Performance Lab, Johns Hopkins University Center for Government Excellence, Results for
America, and the Sunlight Foundation.
Why llh :)ecm�,ne a What Wmrics Ci4y?
Across the nation, leading mayors are drawing on the power of data and evidence to make better decisions
for their citizens. It's a fast-growing movement that includes world-class cities of every shape and size—and
there's room for many more.
What Works Cities will partner with mayors and other city chief executives who are committed to this
approach by providing assistance targeted to local needs: on-the-ground training, access to world-class
expertise, connections to peer cities tackling similar challenges, and help with the implementation of
technical solutions.
Five reasons to participate in What Works Cities
1 Learn new approaches and best practices, and put them to work in your city
2 Access expertise and program resources personalized to your needs and your vision
3 Connect with like-minded cities working on the same things, to learn and grow together
4 Deepen commitment from stakeholders in your city by achieving success you measure
5 Help define a new level of achievement for American city government
What Works Cities helps you build on the work you're doing—to go further with what you've got.
'�, ll a ��,( V 11 r 11[ � 0 ,
What Works Cities
Over three years, What Works Cities will partner with loo mid-sized American municipalities. Any U.S. city
with a population between loo,000 and 1,000,000 is eligible to participate.
The program will seek to work with a wide cross-section of cities from all corners of the country, no matter
how they use data and evidence today.
Bloomberg Philanthropies has assembled an unparalleled group of leading practitioners to focus on your
goals and your citizens. They are, simply, world -class partners for world -class cities.
• The Behavioural Insights Team
• The Government Performance Lab at the Harvard Kennedy School
• The Center for Government Excellence at Johns Hopkins University
• Results for America
• Sunlight Foundation
Get stmrted
Local leadership is at the heart of What Works Cities, especially mayors and other city chief executives who
commit to using data and evidence to improve results for residents.
Beyond public support and commitment from mayors, the program also requires the active participation of
senior city leaders such as city managers, chiefs of staff, and procurement, data, and performance officials.
If you're interested in participating, first tell us more about your city and your goals by completing a short
online survey.
You can do that, and find out more, at whatworkscifies.org. We can't wait to hear from you.
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 16 -263, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Legal Department
CM/ ACM: Anita Burgess, City Attorney
Date: February 23, 2016
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the City Council Rules of Procedure.
BACKGROUND
In the summer of 2015, the City Council revised its Rules of Procedure. These revisions were made to clarify
the rules, reorganize them to be more understandable, and to add a video conferencing section. Additionally,
the Council adopted an "Open Microphone" process whereby citizens who have not registered with the City
Secretary may make comments to the City Council.
A City Council Member asked that we revisit the Rules of Procedure since they have been in play for several
months, with an eye toward considering whether the 2015 revisions have facilitated a more efficient meeting
process. In this regard, City Staff has met and discussed the new processes and has also observed issues
relating to the Rules since their adoption which might be addressed in the Rules. Particularly, the "Open
Microphone" process is noted to take substantial time at the beginning of the meeting and consideration might
be given to moving that comment period to the end of the meeting. At the same time, the splitting of the "Prior
Registration" comment period between the first and last portions of the agenda may no longer serve its stated
intent in light of the addition of the "Open Microphone" comment period. Consideration might be given to
taking all comments related to a Public Hearing within the hearing parameters rather than allowing additional
comments outside the hearing in the event of a postponement of action on the matter under advisement.
Further, Staff notes that a different rule applies to council than to boards and commissions as a concerns voting
requirements; that is, a council member may decline to vote on a matter for insufficient information while a
board or commission member may not. Consideration might be given to reconciling this difference. Lastly, to
avoid any confusion as to whether a council member may attend a closed session of a board or commission
meeting, consideration might be given to adopting a rule on this topic.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public
Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and
Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council
agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
City of Denton Page 1 of 2 Printed on 2/19/2016
File M ID 16 -263, Version: 1
Related Goal: 1.3 Promote effective internal and external communication
EXHIBITS
1. Redline of Ordinance No. 2015 -231
2. Presentation
City of Denton Page 2 of 2 Printed on 2/19/2016
S:Tegal \Our Documents \0rdinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 201544-03-9231 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 desires to streamline the City Council meetings ar a 1 ^777 —°
61,1Zefl'S a66eSS +,E) FA—He OE) efl+,S +,E) +-.,.. leeal goveming ; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Section 2 -29 of the City Code, known as the Denton City Council Rules
of Procedure, is hereby enacted to read as follows:
1. (2- 29(a)) AUTHORITY
1.1(1) Chart er: Pursuant to the provisions of Section 2.07 of the Charter of the City of
Denton, Texas, the City Council hereby enacts these rules of procedure for all meetings of the City
Council of the City of Denton, Texas.
During any meeting, a reasonable opportunity shall be given for citizens to be heard under
these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the
Council Chamber including the city administrative staff, news media, and visitors.
2. (2- 29(b)) GENERAL RULES
2.1 (1) Meetings to be Public: All official meetings of the Council and Council committees
and subcommittees, except closed meetings permitted by the provisions of the Texas Open
Meetings Act, Chapter 551, TEx. Gov'T CODE (Vernon 2014), as amended, shall be open to the
public.
2.2 (2) Quo rum: Four members of the Council shall constitute a quorum for the transaction
of business. (Charter, Section 2.06)
2.3 (3) Compelling Attendance: No member shall be excused from attendance at a Council
meeting except for good and valid reasons. It will be the duty of the Council member to notify the
City Secretary prior to the meeting at which he or she is going to be absent. The City Secretary will
record each Council member as being present or absent as a part of the minutes prepared for each
Council meeting.
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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
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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.
unless the Board or Commission, by majorijy vote, indicates a desire for a member to attend
closed session. In the event a Ci!y Board or Commission desires for a guorum of the Ci!Y Couijn
well as a closed meeting of the Board or Commission.
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.
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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.
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
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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-
arms, and shall enforce the meeting rules and act upon the direction of the presiding officer.
m. Any person making personal, impertinent, profane, or slanderous remarks, or who
becomes boisterous while addressing the City Council or who otherwise violates any of the
above - mentioned rules while attending a City Council meeting shall be removed from the room
at the direction of the presiding officer, and the person shall be barred from further audience
before the City Council during that session of the City Council. If the presiding officer fails to
act, any member of the City Council may move to require the offending person's removal, and
the affirmative vote of a majority of the City Council shall require the presiding officer to act.
The sergeant -at -arms, if so directed by the presiding officer or an affirmative vote of the majority
of the City Council, shall remove the offending person from the meeting.
3.4 (4) Enforcement: The City Manager, in the absence of a designated law enforcement
officer, shall act as Sergeant at Arms for the council, and shall furnish whatever assistance is needed
to enforce the rules of decorum herein established.
3.5 (5) Seating Arrangement: The City Secretary, City Manager and City Attorney shall
occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or
more members of the Council may exchange seats.
3.6.1 (6) Videoconferencing. City Council members may elect to participate in a City
Council meeting by videoconference I the event the member is traveling or unable to attend a
meeting due to illness.
a. Procedures for meeting by videoconference if a quorum will be in one physical location:
The council meeting notice shall specify where the quorum of the governmental body
will be physically present, and the intent to have a quorum present at that location. The
video and audio feed of a remote councilmember or employee shall be broadcast live at
the meeting. Each portion of the meeting held by videoconference call that is required to
be open to the public shall be visible and audible to the public at the location where the
quorum is present. The location at which the quorum is present, and each remote
location from which a member of the governmental body participates, shall have two -
way audio and video communication with each other location during the entire meeting.
Each participant's face in the videoconference call, while speaking, shall be clearly
visible and audible to each other participant and, during the open portion of the meeting,
to the members of the public in attendance at the location where a quorum is present, and
at any other location of the meeting that is open to the public. The audio and video
signals perceptible by members of the public at each location of the meeting shall meet or
exceed minimum standards established by Texas Department of Information Resources
(DIR) rules. The audio and video signals perceptible by members of the public at the
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location where the quorum is present and, any other location open to the public, shall be
of sufficient quality so that members of the public at each location can observe the
demeanor and hear the voice of each participant in the open portion of the meeting. If a
problem occurs that causes a meeting to no longer be visible and audible to the public at
the location where a quorum is present, the meeting shall be recessed until the problem is
resolved, and if the problem is not resolved in six hours or less, the meeting shall be
adjourned. The City shall make at least an audio recording of the meeting, and the
recording shall be made available to the public.
b. Procedures for meeting by videoconference if a quorum will not be in one physical
location:
The City shall make available to the public at least one suitable physical space in the City
that is equipped with videoconference equipment that provides an audio and video
display, as well as a camera and microphone, by which a member of the public can
provide testimony or otherwise participate in the meeting. The member of the
governmental body presiding over the meeting shall be present at this site, and the
location must be open to the public. The meeting notice shall specify the physical space
provided, and shall also specify the intent to have the presiding officer present at the
location. Any member of the public present at this location shall be provided the
opportunity to participate in the meeting by means of a videoconference call in the same
manner as a person who is physically present at a meeting of the governmental body that
is not conducted by videoconference.
Each portion of the meeting held by videoconference call that is required to be open to
the public shall be visible and audible to the public. The video and audio feed of a remote
councilmember or employee shall be broadcast live at the meeting. The site provided in
the City and each remote location from which a member participates, shall have two -way
audio and video communication with each member who is participating by
videoconference during the entire meeting. Each participant's face in the
videoconference, while speaking, must be clearly visible and audible to each other
participant and, during the open portion of the meeting, to the members of the public in
attendance at the meeting location in the City, and at any other location of the meeting
that may be open to the public. The audio and video signals perceptible by members of
the public at each location of the meeting shall meet or exceed minimum standards
established by DIR rules. The audio and video signals perceptible by members of the
public at each location of the meeting that is open to the public, and each remote location,
must be of sufficient quality so that members of the public at each location can observe
the demeanor and hear the voice of each participant in the open portion of the meeting. If
a problem occurs that causes the meeting to no longer be visible and audible to the public
at the meeting site in the City, the meeting must be recessed until the problem is resolved,
and if the problem is not resolved in six hours or less, the meeting shall be adjourned.
The City shall make at least an audio recording of the meeting, and the recording shall be
made available to the public.
c. Council Members wishing to participate in a meeting by videoconference shall provide
notice to the City Manager and the Agenda Committee not less than seven (7) days prior to the
meeting.
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4. (2- 29(d)) TYPES OF MEETINGS
4.1 (1) Regular Meetings: The Council shall meet on the first and third Tuesday of each
month, at such time as may be set by the City Council, unless the meeting is postponed or cancelled
for valid reasons. All regular meetings of the Council will be held in City Hall at 215 East
McKinney Street, Denton, Texas or at such other location as the City Council may, from time to
time by proper posting under the Open Meetings Act and so long as the location is open to the
public, designate.
4.2 (2) Special Meetings: Special meetings may be called by the Mayor, the City Manager,
or by any three members of the Council. The City Secretary shall post notice thereof as provided by
the Texas Open Meetings Act. The Mayor, City Manager, or three of the council members may
designate a location for the special meeting other than City Hall, as long as the location is open to
the public.
4.3 (3) Workshop Meetings: Workshop meetings (also referred to as "work sessions ") may
be held on the first and third Tuesday of each month at such time as may be set by the City Council,
or on such other day as the City Council may designate and at such time as may be set by the City
Council, to discuss near to mid or long range issues and to answer City Council questions
concerning all agenda items. Workshops or work sessions may be called using the same procedure
required for special meetings as provided for in Section 4.2(2) above. The purpose of the workshop
meeting is to discuss or explore matters of interest to the City, to meet with City boards,
commissions, or committee members, City staff or officers of civic organizations, governing bodies
or individuals specifically invited to the session by the Mayor, Council or City Manager. These
meetings are informational and normally no final action shall be taken unless the posted agenda
indicates otherwise. However, the City Council may, by consensus, provide general direction to
staff with regard to matters of interest or concern, understanding such matters ultimately may
require a formal vote of the Council for implementation.
4.4(4) Luncheon Meetings: Luncheon workshop or work session meetings may be held on
the first Monday of each month at such time as may be set by the City Council, or on such other day
as the City Council may designate. Such meetings may be called using the same procedure required
for special meetings as provided for in Section 4.2(2) above. The purpose of the luncheon meeting
is to discuss or explore matters of interest to the City, to meet with City boards, commissions, or
committee members, City staff or officers of civic organizations, governing bodies or individuals
specifically invited to the session by the Mayor, Council or City Manager. These meetings are
informational and normally no final action shall be taken unless the posted agenda indicates
otherwise. However, the City Council may, by consensus, provide general direction to staff with
regard to matters of interest or concern, understanding such matters ultimately may require a formal
vote of the Council for implementation.
4.5 (5) Emergency Meetings: In In case of emergency or urgent public necessity, which shall
be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the
City Manager or by three members of the Council, and it shall be sufficient if the notice is posted
two hours before the meeting is convened.
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4.6 (6) Closed Meetings: The Council may meet in a closed meeting pursuant to the
requirements of the Texas Open Meetings Act.
4.7 (7) Recessed Meetings: Any meeting of the Council may be recessed to a later time,
provided that no recess shall be for a longer period than until the next business day.
4.8 (8) Notice of Meetings: The agenda for all meetings, including Council Committee or
Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board
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
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prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee
composed of the Mayor, the Mayor Pro Tem, and the City Manager. When items are removed from
the consent agenda and placed on the regular agenda by members of the Council, the removed items
shall be taken up in the order of removal right after the consent agenda. Placement of items on the
agenda shall be governed by this ordinance; provided that if a Council member has an "emergency"
item that the Council member believes should be placed on the next regular or special meeting
agenda, the placement must be approved by two members of the Agenda Committee or at the
direction of a majority of the Council. Conduct of business at special meetings will likewise be
governed by an agenda and these Rules of Procedure.
6.2 (2) Pledge of Allegiance: Each agenda shall provide an item for the recital of the
"Pledge of Allegiance" at the regularly scheduled city council meetings. This item shall begin with
the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the
pledge of allegiance for the Texas state flag in accordance with Section 3 100. 101 of the TEx. GOVT
CODE.
6.3 (3) Presentations by Members of Council or City Manager: The agenda shall provide a
time when the Mayor or any Council member may bring before the Council any business that he or
she feels should be deliberated upon by the Council at a future Council meeting. These matters
need not be specifically listed on the agenda, but discussion and formal action on such matters shall
be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at
a future work session. The City Manager or City staff shall only respond preliminarily on this item
at the work session. If the City Council believes the item requires a more detailed review, the
Council will give the City Manager or City Staff direction to place the item on a future regular
meeting agenda and advise staff as to the background materials to be desired at such meeting. The
City Council may receive from the City Manager or City staff or a member of the City Council
reports about items of community interest including expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary recognition of a
public official, public employee, or other citizen, except that a discussion regarding a change in the
status of a person's public office or public employment is not an honorary or salutary recognition
for purposes of this subdivision; a reminder about an upcoming event organized or sponsored by the
governing body; information regarding a social, ceremonial, or community event organized or
sponsored by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the municipality; and
announcements involving an imminent threat to the public health and safety of people in the
municipality that has arisen after the posting of the agenda so long as authorized by the Texas Open
Meetings Act.
6.4 (4) Presentations from Members of the Public:
a. Reports from Members of the Public: Reports from members of the public shall be
received through either of two methods: 1) prior registration or 2) open microphone.
44 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
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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 eat the beginning
of the regular meeting of the City Council_, of Tar °r on dle eotiflei 'n agenda at a place
-_1 __ __- -"_ __11 -------- C, _"- -- a-._"_"' ' - -✓ ___ °__ -- "'--- - - - -Z7 - - -- ' __1 " --_ 1 -1 --- " - -----
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-34 Open Microphone. At the end beginn�ag 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 j4 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 €effp-(4)
three JLminutes 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 Re Agenda AgAgenda 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
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it to the City Secretary. On consent items, the request to speak card shall be submitted prior to the
citizen comment on consent agenda items at the beginning of the City Council meeting. On regular
agenda items, the request to speak card shall be submitted prior to the time the City Council
considers the item. The Mayor will call upon the person who desires to speak.
1) Consent Agenda Items: When consent agenda items are posted on an agenda,
citizens or other interested persons will be allowed to make citizen comment immediately
after the opening of the City Council meeting and prior to workshop or work session items
on the agenda by filling out a "request to speak" card (aka a "blue card ") asking to speak on
any 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) Re _ lgu ar 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) 4 —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) In the event a public hearing is closed and an agenda item related to the public
hearing is postponed, no additional public comment will be allowed on the continued item,
including ursuant to the "blue card" process, unless additional comments are invited by
the Maw
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3) To facilitate the public hearing process in zoning cases the following procedure
will be used:
a) The Mayor reads the zoning case caption, and then opens the public
hearing.
b) The City Manager introduces the City Staff for presentation.
c) City Staff presents facts relevant to the matter.
d) The applicant presents his or her case, with potential questions of the
applicant from the City Council.
e) The Council receives input from the public, with potential questions of
speakers from the City Council.
f) The applicant will be given an opportunity to make rebuttal comments.
g) The City Staff and/or the applicant will answer any questions of the City
Council.
h) Upon conclusion of these questions and answers, the Mayor will
continue or close the public hearing.
e. Groups or Organizations: Any group or organization comprised of four (4) or more
members present in the City Council Chambers who wishes to address the Council at a public
hearing or on a non -public hearing agenda item shall designate a representative to address the City
Council and shall limit their remarks to ten (10) minutes or less. The group or organization shall
turn in a written designation to the City Secretary, on cards prepared by the City Secretary of a
different color from cards submitted by individual speakers, prior to the commencement of the
meeting identifying the representative who will address the City Council on behalf of the group or
organization. At the time the representative is recognized by the Mayor to speak, the group or
organization will be asked to stand to be recognized prior to the receipt of comments by the
representative.
f Discretionary Time: At the discretion of the presiding officer or a majority of the City
Council, any speaker may be granted an extension of time to speak.
g. AudioNisual Aids: Any citizen desiring to use audio /visual aids during presentations to
Council shall submit such presentation to the City Secretary 24 hours prior to the meeting where the
presentation will occur.
6.5 (5) Presentation of Proclamations: The agenda may provide a time for the presentation
of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the
request of citizens. Proclamations may encompass any activity or theme except that proclamations
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with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall
not be used for any commercial or advertising purpose.
7. (2- 29(g)) CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 (1) Printed or Typewritten Form: All ordinances and resolutions shall be presented to
the Council in printed, typewritten or electronic form. The Council may, by proper motion, amend
any ordinance or resolution presented to it at the meeting at which it is presented or direct that the
amended ordinance be placed on the next or any future Council Agenda for adoption.
7.2 (2) City Attorney to Approve: All ordinances, resolutions, and contracts and
amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she
shall file a written opinion on the legality of such ordinance, resolution or contract prior to
submission to the Council. (Charter, Section 6.02).
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 fef4ffek--&
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;rte � ° + ;6 an exeept on matters involving the consideration of his or her own official conduct, or
where his or her personal interests are involved in accordance with Chapter 171, TEX. Loc. GOV T
CODE (Vernon 2014), and in these instances he or she shall abstain. Any member prohibited from
voting by personal interest shall announce this at the commencement of consideration of the matter
and shall not enter into discussion or debate on any such matter, shall leave the meeting room, and
shall file an affidavit of recusal. The member having briefly stated the reason for his or her request,
the excuse from voting shall be made without debate.
7.10 (10) Order of Precedence of Motions:
a. The following motions shall have priority in the order indicated:
1. Adjourn (when unqualified) and is not debatable and may not be amended;
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.
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d. Only certain motions may be amended as provided in the most current edition of Robert's
Rules of Order, revised. A motion to amend shall be undebatable when the question to be amended
is undebatable.
7.11 (11) Reconsideration: A motion to reconsider any action of the Council can be made
not later than the next succeeding official meeting of the Council. Such a motion can only be made
by a member who voted with the prevailing side. It can be seconded by any member. In order to
comply with the Texas Open Meetings Act, any Council member who wishes to make such a
motion at a meeting succeeding the meeting where the action was taken shall notify the City
Manager to place the item for reconsideration on the Council agenda. No question shall be twice
reconsidered, except by unanimous consent of the Council, except that action related to any contract
may be reconsidered at any time before the final execution thereof. A matter which was not timely
reconsidered in the manner provided by this section or was reconsidered but the action originally
taken was not changed by the Council cannot be reintroduced to the Council or placed on a Council
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.
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8. (2- 29(h)) CREATION OF COMMITTEES, BOARDS AND COMMISSIONS
8.1 (1) Council Committees: The Council may, by resolution and as the need arises,
authorize the appointment of Council committees. Any committee so created shall cease to exist
when abolished by resolution of the Council. Council Committees shall comply with the Texas
Open Meetings Act.
8.2 (2) Citizen Boards, Commissions, and Committees: The Council may create other
Committees, Boards and Commissions to assist in the conduct of the operation of the City
government with such duties as the Council may specify not inconsistent with the City Charter or
Code. Creation of such Committees, Boards and Commissions and memberships and selection of
members shall be by Council resolution if not otherwise specified by the City Charter or Code. Any
Committee, Board, or Commission so created shall cease to exist when abolished by a resolution
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:
to the Ci!y Council from a Boards and Commissions Nominating Committee.
............ .
0
8.4 (4) Rules of Procedure: Board, Commission and Committee members shall comply
with the provisions of Article H of Chapter 2 of the Code of Ordinances. Each Board, Commission
PAGE 16
12.m Mon
8.4 (4) Rules of Procedure: Board, Commission and Committee members shall comply
with the provisions of Article H of Chapter 2 of the Code of Ordinances. Each Board, Commission
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and Committee member shall be provided a copy of these rules of procedure and a copy of the City
of Denton Handbook for Boards, Commissions and Committees, which shall govern operational
procedures of such Boards, Commissions and Committees. Boards and Commissions shall comply
with these Rules as to the preparation of minutes of meetings, and such minutes shall be prepared in
accordance with the policies and procedures of the City Secretary.
9. (2 -29 (i)) VOTES REQUIRED
Questions on which the voting requirement is varied by the Charter, State Statutes and these
rules are listed below:
9.1 (1) Charter and State Statutory Requirements:
a. Charter Amendment - Five Votes: Ordinances submitting proposed Charter amendments
must be adopted by a two - thirds vote of the Council. (TEX. CONST. art. XI, §3 and Chapter 9, TEx.
Loc. Gov'T CODE (Vernon 2014.) For a seven member Council, this means five members must
vote affirmatively.
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 Zoning Classifications: In cases of a written protest of
a change in a zoning regulation or zoning classification by the owners of twenty (20 %) percent or
more either of the area of the lots included in such proposed change, or of the lots immediately
adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not
become effective except by the favorable vote of three - fourths (3/4) of all members of the City
Council; further, three - fourths (3/4) of all the members of the City Council is required to override
the decision of the Planning and Zoning Commission that a zoning change be denied (TEX. Loc.
Gov'T CODE § 211.066 Tex. (Vernon 2014) and Section 35.3.4.C.(4) Denton City Code
(Development Code)). ( "All" members of the City Council is construed to mean all who are
qualified to vote on a matter, and any legal disqualification of a member could change the requisite
number of votes required for passage. City ofAlaino Heights v. Gerety et al., 264 S.W. 2d 778 (Ct.
App. — San Antonio (1954)).
e. Amendment of Tax Abatement Policy: The guidelines and criteria adopted as the City's
Tax Abatement Policy may be amended or repealed by a vote of three - fourths (3/4) of all members
of the City Council (TEx. Tax CODE §312.002(c) (Vernon 2014)).
10. (2 -290)) SEVERABILITY CLAUSE
If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or
PAGE 17
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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. 2044-4-X91 5-231 is repealed.
SECTION 3. That this Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 20146.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
CHRIS WATTS, MAYOR
PAGE 18
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
File #: ID 16 -300, Version: 1
Legislation Text
Agenda Information Sheet
SUBJECT
Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with the City's attorneys regarding the present status of the implementation of a new Pole Attachment
License Agreement and a new City Right -of -Way Agreement, and the status of claims for unpaid pole
attachment fees by Verizon; discuss deliberate and provide the City's attorneys with direction and any
recommendations regarding such legal matters. A public discussion of this legal matter would conflict with the
duty of the City's Attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas.
City of Denton Page 1 of 1 Printed on 2/19/2016
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
Legislation Text
File #: ID 16 -324, Version: 1
Agenda Information Sheet
SUBJECT
Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Deliberate and consult with and provide direction and recommendations to the City's attorneys regarding the
status of (i) negotiations with Zayo Group, LLC, regarding their use of City right -of -way for fiber placement
via Denton ISD's agreement with the City; (ii) the implementation of a new Pole Attachment License
Agreement; (iii) the implementation of a new City Right -of -Way Agreement; (iv) possible ancillary agreements
related to both agreements; (v) the status of claims for unpaid pole attachment fees by Verizon; (vi) pending
complaints before the Texas Public Utility Commission (Extenet Network Systems, Inc. against the City of
Houston - No. 45280; and, Crown Castle NG Central, LLC against the City of Dallas - No. 45470) regarding
the imposition of license agreements and fees for use of public right -of -way and the potential impact on the
City; and (vii) pending federal legislation related to the use of public right -of -way for wireless communication.
A public discussion of these legal matters would conflict with the duty of the City's Attorneys to the City of
Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
City of Denton Page 1 of 1 Printed on 2/19/2016
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
File #: ID 16 -330, Version: 1
Legislation Text
Agenda Information Sheet
SUBJECT
Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consultation, discussion, deliberation and receipt of information from the City's attorneys involving legal
matters relating to the City Council Rules of Procedure where a public discussion of these legal matters would
conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's
legal position in any administrative proceeding or potential litigation.
City of Denton Page 1 of 1 Printed on 2/19/2016