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HomeMy WebLinkAboutFebruary 23, 2016 Agenda'� ., ��o�u��l�l� ����'�,���k�,�� 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 ���'u'� I�ui�im�lll��l� www.cityofdenton.com ������������ 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 I� rw<�;i���i Iry I c��r:}i=;l„r�nw 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 I� rw<�;i���i Iry I c��r:}i=;l„r�nw 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. PAss�-;I� Ar,Tn AI'T'I�oVED tl�is tl�e c��y ot` , 2a1C.�r. C:I-iRIS W�,'I""I"�;, lV1AYUTi. t�'I' I"EST: .1ENNi:FER W�LTERS, C'I'CY SLC,12�"i'ARY � 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 ���'u'� I�ui�im�lll��l� www.cityofdenton.com ������������ 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 I� rw<�;i���i Iry I c��r:}i=;l„r�nw 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 Z U) LLI ccC) M Lu LLI co "'4 . Q Z z 0 M F- z Lu < CL Uj L) uI V rt» tat to > 6 tz zt co Rifflum 0 30 60 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 -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 U) LLI ccC) M Lu LLI co "'4 . Q Z z 0 M F- z Lu < CL Uj L) uI V rt» tat to > 6 tz zt co Rifflum 0 30 60 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 a a 0 °i C-5 C) Cf.)- LE n E %- >, L o cv 0 CL %- %- CL 0 W 0 L- C o 4-J 2 >% 4-1 C) < V) 4-J 4-J V) U O 0 C)) cv 4- to O N QJ 4-J 4-J In 4-J fB Ln 0) N 4-J In 4-J 4-J O M d' N M M d' I� 7 7 N vi X 'n v O t/1 4J � Q O Q N � Q v v � Ln cu c v E C O w C;1% _v �t�,,� 0 �r E Q` v a-0 o E r ro � O p V Q Q) O : v O o 0 -I- V O u ro '0F, ro ro C Q 0 06 ro O n 0 O ro 0 -C > ro F— O V_ o j a > 0 QJ N C > 6 iJ O QJ v ro c 3 ro 0U 0 N v ro ro 01 V 0 57- Q ro > c :D - v c > V 3 m o c > o E -1-- 0) O p Xn E 4; 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O N t/') Q N O i w ++ in O_ _ o = o v- ate-+ O O_ ri ++ O t O a 'v) o n ci n_ (v =3 E a) +' °_° O H U c `LL° v, v v _ p a v v +� c c N Q t a) m u LL + O w > v v E ,n N m c+ N •F, -= O m c � c M u o o "a -c E N c 01 = i p p v J Q `n > to 0 i to 0 0_ to c p s U v a) +� f6 a -Q " m c m E @0 Q v T o = @ c 'to O_ a) v ++ Q t W O_ > ;�' �/) N F f6 a O ns LL n3 t/) v t -Q o w (n Ln I.D rt � 0 O N lD N T a) O -0 v O > a, v = o = v v J LL U- m 0 O 0 V, v _ a, E E = p > N 'F' O v O m U- } + ii O v CL v a! _ ±' c LL : 0 0 "6 v N o .V o u E _ — o c v v = E (/) n N O a) u v c ; a) c 16 O E N N bo v (u c = E O °—' ns a) w E > E O = v °-° v a Q Q tm O O U � Q .E Q m ,a tto • m 0 ct J2 OU C M ,4 0 T l0 Al2 U c E 0 > c CL < c t6 cm (U E 0 w .r 4 (U r-I ;I- (U 0 = a) p " V) u Ln (U (U w a) = 0 u M 0 'r, CL .0 0 O :3 0 (U E (U E E CL m c :3 V) cL D CL CL U (U E Z m LU -0 c '2 0 m c m E _0 a) -.2 o w 0 CL _0 � w M U a) — M 0 -0 U M > LU M > V, V) u m 0 -0 CL E E 2 'm 'o (U m V; E 0 > _0 V) 40- (U 4 0 (U M a) V) 4- V) (U V m CL VI CL 0 u y o E 0 E 75 U c (U E _0 > — 4c' > E Ln 0 V) (u E (U m :3 (fly- > a) (U E cL 0 - " E u C u E 0 u -0 CL a) CL E 0 M 0 c u LL E - (u 0 E (U M 2 C: V) 0 CL c 41 m u .— -0 (U a) -0 -0 C: w 3: W CL o (U m -0 x -0 (U (U 0 E -1.1e — > W >, (U >0 S m v, a) E 0 u m Ln v, E u E m > um E .3= E m v) " a) m -0 0 (u a) tv,)O - c: CL a) 4� F- u 0 w M u - CL 0 w 0 E m u u :3 <u ac c u 0 m -0 m CL U E v) E 0 V, C 2 Ln m 0 m m C: 4 ?� -0 m < U -0 CL vl v) m E (U v) .— a) -0 v) _, m m E u a') 4E w m E cm: p E < V, cm L 2 L,u- a-' V') -a E > Lu w v>, ,a Am • m 0 ct J2 OU C M ,4 0 C M In 0 > CL CD E CL < E 0 m E AK 2 V CL 0 _0 u c _0 m c E (A (A (U m CL 0 O � .0 . + = (U > 4� E mm E cL 0 E M U — L> (u o U - • 2 V CL 0 _0 u c _0 m c E (A (A (U m CL 0 O � .0 . + = (U > 4� E mm E cL 0 E M U — L> (u o U - Rr C/) ct c m m U) ,a Am m 0 J2 .0 0) m a 40 Am 0 CL 4) as G m E 0 t da k.0 � w (A rq rq C) 0 0 a) w M u V) V; 0 tm 0 2 0 CL > Lu 0 =1 0 E aQi c LU LU C: 5; M 0 m c E x o a) _0 0 0 U bo i CL C: c 0 N Ln 4� 0 E 0 4' E 0 0 V) M •.0 =3 O Ln U a "D " 0 C: C7 a) E Ln V) w OD c — -0 d a C Li- 0 C: tD 0 Uj +' m . = CO U m CL 4 =3 0 u C7 CL a) M " C: 0 a) m — x w a) -0 m a) > -- -, 0 w 0 u E a) - W C w V) (A a) >� C: U CL a) 0 < 0 w " CL OD > 'y— c m >- o m -v, C: 0 3: 0 _ 0 +, u 0) = C 0 m a) M 4� W C: o W 0 - 0 Cf E +1 -0 U 0 0 " u CL :3 CL , 0 w w u CL co E tA E c > -C E 0 u c =3 < LU CL H V 0 k.0 � w (A rq rq C) 0 tm w m m V) O 0 tm 0 2 0 Ln a) w (A w La) n V) t 0 2 2 CL > > C: LU c LU C: m c C: a) _0 bo i CL C: c 0 N Ln E 0 E •.0 m C: C7 T :3 V) U :3 0 0 C: N E N C7 CL 0 N > a) -0 o a) CL CL _0 E a) 0 c m N a) "Eb CL E a) 0 0 U 0 _0 — (A u ct VJ 0 a� Q 0 i u c R a m U) i .a Am O O J2 s N m 0 40 Am O CL a) as a m E t a da V v 0o t p oa O v 0- = c a a) 3: ° a °' W W ,i u O v v +� -0 0 a m tA c n3 C c a) -0a a o v p o 4- 4- 6 C N Oaf C� V� _ Q J C C n3 O 'O w ):3 C V N O O v Q 0 C a o- c o a CL 0 3 o a, v v - Ln 5 '�- a) N O 0 a) pp O N C s- E a) a 4- E E C a O x O — 0 4= 73 E a) a) c a) a3i oc v v on a v Q � as � -C n c ri 0 N i n3 O IT 0 O Q v O �Q �v a, � N O C � O C +� v O E v = Q _N E a C N a) O �) as E n3 � C 7 N Q i o O + C a) a) O 0 Q-0 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. 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Qu.� L- ® E 0 u • E 0 U > 0 V) u 4-J R • w ill W St III III III III m ff cu ® o(A CL L. be e m u cu e� cu 4-J cu o mu p o mu fLe O O 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. S:Tegal \Our Documents \0rdinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc 2.4 (4) Misconduct: The Council may punish its own members for misconduct consistent with any Ethics Policy adopted by the Council. 2.5 (5) Minutes of Meetings: An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council. A certified agenda shall be prepared and shall be approved by the Mayor for all closed meetings for which a certified agenda is required to be kept in accordance with the Texas Open Meetings Act. 2.6 (6) Questions to Contain One Subject: All questions submitted for a vote shall contain one subject, except the City Council may approve all items which are on the consent agenda in one motion, regardless of how many subjects are contained in the consent agenda, so long as all items have been properly posted in accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a Council member. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.7 (7) Right to Floor: Any member desiring to speak shall be recognized by the Chairperson, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 (8) City Manager: The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused. He or she may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. (Charter, Section 5.03 (d)). 2.9 (9) City Attorney: The City Attorney, or Acting City Attorney, shall be available upon request for all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Council's parliamentarian. 2.10 (10) City Secretary: The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested by the Council. 2.11 (11) Officers and Employees: Any officer or employee of the City, when requested by the City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, such employee may present information relating to matters before the Council. 2.12 (12) Rules of Order: These rules govern the proceedings of the Council in all cases, except that where these rules are silent, the most recent Edition of Robert's Rules of Order shall govern. 2.13 (13) Suspension of Rules: Any provision of these rules not governed by the City Charter or other City Code provisions may be temporarily suspended by the affirmative vote of four members of the Council. The vote on any such suspension shall be taken by yeas or nays and PAGE 2 S:Tegal \Our Documents \Ordinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc entered into the minutes of the Council. 2.14 (14) Amendment of Rules: These rules may be amended, or new rules adopted by the affirmative vote of four members of the Council, provided that the proposed amendments or new rules shall have been introduced before the City Council at a prior Council meeting. 3. (2- 29(c)) CODE OF CONDUCT 3.1 (1) Council members: a. During Council meetings, Council members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the Council. b. A Council member, once recognized, shall not be interrupted while speaking unless called to order by the Mayor or presiding officer, unless a point of order is raised by another member or the parliamentarian, or unless the speaker chooses to yield to questions from another member. If a Council member is called to order while he or she is speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled not to be in order, he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Council. 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. PAGE 3 S:Tegal \Our Documents \0rdinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc 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 PAGE 4 S:Tegal \Our Documents \Ordinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc 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 PAGE 5 S:Tegal \Our Documents \Ordinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc 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. PAGE 6 S:Tegal \Our Documents \0rdinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc 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. PAGE 7 S:Tegal \Our Documents \0rdinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc 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 PAGE 8 S:Tegal \Our Documents \0rdinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc 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 PAGE 9 S:Tegal \Our Documents \0rdinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc 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 --- " - ----- ��r.ax*a.......�r,es..�r.... MITIPINM -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 PAGE 10 S:Tegal \Our Documents \0rdinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc 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 PAGE 11 S:Tegal \Our Documents \Ordinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc 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 PAGE 12 S:Tegal \Our Documents \Ordinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc 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--& PAGE 13 S:Tegal \Our Documents \0rdinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc ;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. PAGE 14 S:Tegal \Our Documents \0rdinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc 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. PAGE 15 S:Tegal \Our Documents \0rdinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc 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 PAGE 16 S:Tegal \Our Documents \0rdinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc 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 S:Tegal \Our Documents \0rdinances \16 \CC Rules of Procedures 2016 for February 23, 2016.doc 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 \�\ R � � \ � } \ �\ \\ 2\ � \\ ; \ � \ \ ® t; � } /\ � \ � } \/ �\ � rz dƒ t< r\ $} .d i \ \\ �\ \/ /\ »2 Az \\ ; \ . / � } ;\ 'J �< \\ �\ /ƒ i° \} qƒ N /} \« t/ , ,w a x .� Qt > \� <� \ ® d� : r r � � } /\ � \ � } \/ �\ � rz dƒ t< r\ $} .d i \ \\ �\ \/ /\ »2 Az \\ ; \ . / � } ;\ 'J �< \\ �\ /ƒ i° \} qƒ N /} \« t/ , ,w a x � \ \�\ � � < R I \�} I l on ,y � � � } � ?^ ,2 � \} 6° \\ d} \/ \\ «< � { � \} <z: �« �\ \} £� <? : !i k} \§ \.. \\ d \} Al \ � }\ ±Z «? d\ (/ ell «y %« \\ 1; 9 9 J 1 i f i 1G1 ,z �l �r a i r r r ii i J, i r „i o� y r° „J 7 �t it i • �J • i • r et • r� ArM �i 1 y� i / l9 i i f; Y' 'I „ ' 3 r s y / /r i NU�IIfI� / l�y(r r% 1 i l9 i i f; Y' 'I ' 3 r s y i i � O O � N 0 D H 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