HomeMy WebLinkAbout2016-08-23 Agenda with BackupCity of Denton
Meeting Agenda
City Council
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Tuesday, August 23, 2016 1:00 PM Work Session Room
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene
in a Work Session on Tuesday, August 23, 2016 at 1:00 p.m. in the Council Work Session Room at
City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will
be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent
Agenda. A Request to Speak Card should be completed and returned to the City Secretary before
Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for August 23, 2016.
3. Work Session Reports
A. ID 16-1071 Receive a report, hold a discussion, and give direction to staff and Waters &
Company on the City Manager recruitment process.
Attachments: Exhibit 1- Draft City Manager Advertising Brochure
Exhibit 2- Revised City Manager Job Description
Exhibit 3- Presentation
B. ID 16-983 Receive a report, hold a discussion, and give staff direction regarding the agreement
between the City of Denton and the Denton Chamber of Commerce providing for a
program to promote economic development through joint efforts.
Attachments: Exhibit 1 - 2015-297 Chamber Ordinance
Exhibit 2 - Chamber Budget
Exhibit 3 - Presentation
C. ID 16-1049 Receive a report, hold a discussion, and provide staff with direction concerning
audit activities and the City Auditor position.
Attachments: Exhibit 1 Memo to Carla Romine regarding Internal Audit Information
Exhibit 2 Presentation
D. ID 16-1060 Receive a report; hold a discussion, and give staff direction regarding the FY
2016-17 City Manager's Proposed Budget, Capital Improvement Program, and
Five -Year Financial Forecast.
Attachments: Exhibit 1 Memorandum
City ofDenton Page 1 Printed on 8/19/2016
City Council Meeting Agenda August 23, 2016
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to
consider specific items when these items are listed below under the Closed Meeting section of this
agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open
Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as
otherwise allowed by law.
1. Closed Meeting:
A. ID 16-1102 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 annexation, extension/renewal of
non -annexation agreement, or pre -annexation development agreement for Creekside
(Ryan Ranch) development, and to provide the City Attorneys with direction, where
a public discussion of these legal matters would clearly 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.
B. ID 16-1009 Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086; Consultation with Attorneys -
Under Texas Government Code Section 551.071.
Receive a presentation from staff regarding public power competitive and financial
matters related to the City's participation in, and the overall operational and
financial aspects of, the Texas Municipal Power Agency; discuss and deliberate
strategies regarding same; discuss, deliberate and provide staff with direction.
Consultation, discussion, deliberation, and receipt of information from the City's
attorneys involving legal matters relating to public power competitive and financial
matters related to the City's participation in, and the overall operational and
financial aspects of, the Texas Municipal Power Agency, and to provide the City
Attorneys with direction, where a public discussion of these legal matters would
clearly 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.
C. ID 16-938 Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
Receive information from staff and discuss, deliberate, and provide staff with
direction regarding the potential acquisition of real property interests generally
located northwest of N. Loop 288 and west of N. Locust St. in the City of Denton,
Denton County, Texas; discussions had, deliberation, and direction given, by the
Denton City Council in an open meeting would have a detrimental effect on the
position of the governmental body in negotiations with a third party. Consultation
with the City's attorneys regarding legal issues associated with the acquisition of the
real property interests described above; discussion of these legal matters in an open
meeting 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
City ofDenton Page 2 Printed on 8/19/2016
City Council Meeting Agenda August 23, 2016
D. ID 16-1028
E
F
Conduct of the State Bar of Texas, or would jeopardize the City's legal position in
any administrative proceeding or potential litigation. [Long Road Substation]
Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
Receive information from staff and discuss, deliberate, and provide staff with
direction regarding the potential acquisition of real property interests located
adjacent to Hickory Substation then generally South of W. Hickory Street and East
of S. Bonnie Brae Street, and terminating at the Northwest comer of the UNT
Campus on Stella Street in the City of Denton, Denton County, Texas; for the
construction, expansion and use of electric power transmission lines; where
discussions had, deliberation, and direction given, by the Denton City Council in an
open meeting would have a detrimental effect on the position of the governmental
body in negotiations with a third party. Consultation with the City's attorneys
regarding legal issues associated with the acquisition of the real property interests
described above; discussion of these legal matters in an open meeting 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. [Hickory Substation area and TM
Lines to the UNT Campus]
ID 16-1027 Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
Receive information from staff and discuss, deliberate, and provide staff with
direction regarding the potential acquisition of real property interests located on the
southeastern comer of West Eagle Drive and Bernard Street. City of Denton,
Denton County; discussions had, deliberation, and direction given, by the Denton
City Council in an open meeting would have a detrimental effect on the position of
the governmental body in negotiations with a third parry. Consultation with the
City's attorneys regarding legal issues associated with the acquisition of the real
property interests described above; discussion of these legal matters in an open
meeting would conflict with the duty of the City's attorneys to the City of Denton
and the Denton City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas, or would jeopardize the City's legal position in
any administrative proceeding or potential litigation. [Eagle Substation]
ID 16-1096 Deliberations regarding Real Property - Under Texas Government Code Section
511.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
Receive information from staff, discuss, deliberate, and provide staff with direction
regarding the potential acquisition of real property interests generally located in (i)
the Gibson Myers Survey, Abstract No. 843, the Johnson, Green, Myers, and
City ofDenton Page 3 Printed on 8/19/2016
City Council Meeting Agenda August 23, 2016
Brummell Survey, Abstract No. 1699, the Moses H. Davis Survey, Abstract No.
377, and the William Wilburn Survey, Abstract No. 1419, City of Denton, Denton
County, Texas, for the possible construction of an electric generation facility, and
(ii) the William Wilburn Survey, Abstract No. 1419, City of Denton, Denton
County, Texas, for the West Parallel Runway Project for Denton Enterprise Airport
where deliberation of the potential acquisition of these real property interests in an
open meeting would have a detrimental effect on the position of a governmental
body in negotiations with a third party. Consultation with the City's attorney's
regarding legal issues associated with the acquisition of the real property interests
described above where a public discussion of these legal matters would conflict
with the duty of the City's attorneys to the City of Denton and the Denton City
Council under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas, or would jeopardize the City's legal position in any administrative
proceeding or potential litigation.
G. ID 16-1056 Certain Public Power Utilities: Competitive Matters --- Under Texas Government
Code, Section 551.086.
Receive competitive public power competitive information and financial
information from staff regarding the proposed FY 2016-2017 operating budget for
Denton Municipal Electric ("DME") including without limitation, proposed rates
for DME for FY 2016-2017, expected revenues, expenses, commodity volumes, and
financial commitments of DME; discuss, deliberate and provide staff with direction.
H. ID 16-1105 Consultation with Attorneys - Under Texas Government Code Section 551.071.
Receive information from the City's attorneys and discuss costs, status, strategy,
and potential resolution of the City of Denton v. 551 Mayhill Joint Venture, et al.
pending in the Probate Court, Denton County, Texas related to the Mayhill Road
Widening and Relocation Project.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE
WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC
POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A
CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE,
§551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN
MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING
ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE
TEXAS OPEN MEETINGS ACT.
Special Called Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
City ofDenton Page 4 Printed on 8/19/2016
City Council Meeting Agenda August 23, 2016
"Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and
indivisible."
2. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of
the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff recommendations. The City Council
has received background information and has had an opportunity to raise questions regarding these
items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent
Agenda (Agenda Items A — D). This listing is provided on the Consent Agenda to allow Council
Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are
pulled, Consent Agenda Items A — D below will be approved with one motion. If items are pulled for
separate discussion, they may be considered as the first items following approval of the Consent
Agenda.
A. ID 16-957 Consider approval of a resolution by the City Council for the construction,
expansion, and use of an electric power transmission /distribution substation located
at the southeastern comer of West Eagle Drive and Bernard Street, in the City of
Denton, Denton County Texas, as part of Denton Municipal Electric's service
territory. [Eagle Substation]
Attachments: Exhibit 1 - Project Information Sheet
Exhibit 2 - Substations System Map
Exhibit• •
B. ID 16-984 Consider adoption of an ordinance approving an amendment to Ordinance No.
2015-074, relating to the Economic Development Partnership Board ("the Board")
to add to the membership of the Board and to revise Sec. 2-251 C-1; repealing all
conflicting ordinances and portions thereof, and providing an effective date.
Attachments: Exhibit 1- Draft amendment to Ordinance
C. ID 16-1095 Consider adoption of an ordinance authorizing the City Manager to execute a
Tower/Ground Lease Agreement between the City of Denton and Denton
Commercial Internet, Inc., which agreement will allow the leasing of antenna and
ground space at the McKenna Park Radio Tower for a ten (10) year term; and
providing for an effective date.
Attachments: Exhibit 1 Ordinance
D. ID 16-1104 Consider approval of a resolution of the City Council of the City of Denton, a Texas
Home Rule Municipal Corporation, electing for the City to have the right to
continued performance of services provided by the Texas Municipal Power Agency,
a municipal power agency, under the provision of the power sales contract, as
amended, for the useful life of the system; direction to the interim City Manager, or
his designee, to provide written notice of this election to TMPA; and, providing an
effective date.
City ofDenton Page 5 Printed on 8/19/2016
City Council Meeting Agenda August 23, 2016
Attachments: Exhibit 1 TMPA Resolution
3. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 16-871 Consider adoption of an ordinance approving a Development Agreement between
the City of Denton and Justland Development LLC, concerning the use of City
property for Temporary Stormwater Facilities for the proposed development of
Meadow Oaks Subdivision, Phase 4, until the permanent Ruddell Street Stormwater
Facilities are installed; allowing for cost participation in the permanent stormwater
facilities; providing to the City a conveyance of land in fee; requiring a performance
bond or letters of credit; authorizing the City Manager to execute the agreement;
and providing for an effective date.
B. ID 16-980 Consider nominations/appointments to the City's Economic Development
Partnership Board.
Attachments: Exhibit 1- Ordinance
Exhibit 2- Draft amendment to Ordinance
Exhibit 3- Presentation
C. A16 -0003b Consider adoption of an ordinance of the City of Denton approving a
pre -annexation development agreement between the City of Denton and Ryan
Capital Partners, Ltd. for the Creekside (Ryan Ranch) Development; authorizing the
Mayor to execute said Agreement; providing severability and providing an effective
date.
Attachments: Exhibit 1- Location Map
Exhibit 2- Zoning Map
Exhibit 3- PAA Boundary Map
Exhibit 4- Tree Preservation Plan
Exhibit 5- Tract 1A Concept Plan
Exhibit 6- Tract 1C Detailed Plan
Exhibit 7- Amenity Center
Exhibit 8- Fencing Exhibit
Exhibit 9- Entry Features
Exhibit 10- Hardscape & Landscape
Exhibit 11- PAA v. DDC Comparison Table
D. ID 16-1086 Consider approval of a resolution of the City of Denton, a Texas Municipal Home
Rule Corporation, ("City") approving and authorizing the sales of certain assets by
the Texas Municipal Power Agency ("Agency") and the refunding of certain
Agency financial obligations in connection with the Agency's sale of assets;
authorizing the Mayor to act on the City's behalf in executing certain amendments
to agreements by and between, and among the Agency and the Cities of Bryan,
Denton, Garland, and Greenville ("Participating public entities" [Each a
"Participating Public Entity"]) necessary to effectuate the Agency's sales of assets
and the associated refunding of its financial obligations; and to take such other and
further actions as are necessary in order to effectuate and finalize the City's
City ofDenton Page 6 Printed on 8/19/2016
City Council Meeting Agenda August 23, 2016
approval of such sales and the refunding of the Agency's related indebtedness;
authorizing and approving other matter related thereto; and providing an effective
date.
E. A16 -0003c Consider adoption of an ordinance of the City of Denton approving an amendment
to a non -annexation agreement between the City of Denton and Ryan Capital
Partners, Ltd.; and providing an effective date.
Attachments: Exhibit 1- Location Map
4. PUBLIC HEARINGS
A. ID 16-1067 Hold a public hearing on a proposal to adopt a tax rate of $0.684750 with a
maximum allowable rate of $0.689750 per $100 valuation, which will exceed the
lower of the effective or rollback tax rate.
Attachments: Exhibit 1 - Notice of Proposed Tax Rate 2016
Exhibit 2 - Presentation
5. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City
Council or the public with specific factual information or recitation of policy, or accept a proposal
to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the
Texas Open Meetings Act, provide reports about items of community interest regarding which no
action will be taken, to include: expressions of thanks, congratulations, or condolence; information
regarding holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or sponsored by the
governing body; information regarding a social, ceremonial, or community event organized or
sponsored by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of people in the
municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting topics, above posted.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the day of , 2016 at o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM AND COUNCIL
CHAMBERS ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH
DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE
SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR
USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800
-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
City ofDenton Page 7 Printed on 8/19/2016
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
File #: ID 16-1071, Version: 1
DEPARTMENT:
CM/ ACM:
Date:
Human Resources
Bryan Langley
August 23, 2016
Legislation Text
Agenda Information Sheet
SUBJECT
Receive a report, hold a discussion, and give direction to staff and Waters & Company on the City Manager
recruitment process.
BACKGROUND
At the July 26, 2016, City Council meeting, Council approved a resolution authorizing staff to contract with
Waters & Company to conduct the City Manager search.
The Council Appointee Performance Review (CAPR) committee met with Chuck Rohre and Miguel Ozuna
with Waters & Company to have some initial discussions about the search process on August 2, 2016. During
that time, they indicated a desire to conduct stakeholder interviews, as well as utilize an on-line survey, to
develop a profile of what the City Council will be looking for in a City Manager. This information would also
be used to develop an advertising brochure and to update the job description.
Stakeholder meetings with City Council members and community representatives were held on August I O h and
11' (and on August 18' for two Councilmembers who were unavailable on August IOd' and 11') and the on-
line survey was posted from August 12' through the 19'. With the information obtained through these sources,
Waters & Company has developed a draft of the advertising brochure language and will be seeking Council's
approval on the brochure during the August 23rd Council meeting. Staff has also updated the job description,
which will be presented to Council during this meeting as well.
During this Council meeting, the consultant will also discuss and seek direction from the Council on the
recruitment process and timeline and the desired interview process.
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:
City of Denton Page 1 of 2 Printed on 8/19/2016
povveied by I_egist9i I;,
File #: ID 16-1071, Version: 1
Related Key Focus Area: Organizational Excellence
Related Goal: 1.2 Develop a high-performance work force
EXHIBITS
Exhibit 1 - Draft City Manager advertising brochure*
Exhibit 2 - Revised City Manager job description
Exhibit 3 - Presentation
*This is the Word version for content review only. The professional print version of the brochure will be
available for Council at the August 23rd meeting.
Respectfully submitted:
Carla Romine
Director of Human Resources
City of Denton Page 2 of 2 Printed on 8/19/2016
povveied by I_egist9i I;,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
DRAFT 1
WATERS & COMPANY
A Springsted Company
THE CITY OF DENTON, TEXAS IS SEEKING A HIGHLY EXPERIENCED,
ETHICAL AND VISIONARY LEADER TO SERVE AS ITS
(COVER PHOTOS)
CITY MANAGER
Draft Recruitment Brochure
City of Denton Page 2 of 9
33 THE COMMUNITY
34 Denton is a unique community, blending its historic past with a dynamic and high growth
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
environment, coupled with a diversity to give it economic viability and strength. Denton
has grown from a small frontier town, founded in 1857 to a burgeoning urbanized area with
a population of approximately 13 1,000. The historic downtown Courthouse Square is the
heart of Denton; the Square and surrounding streets are vibrant and busy both day and night
as a gathering place for commerce, civic events, and entertainment. Fodor.com and Yahoo
Travel have highlighted Denton on their list of America's Best Main Streets to visit.
TEXT BOX
Rand McNally and USA Today ranked Denton Number One on
its 2012 Top Ten Best Small Towns in America list!
CLOSE TEXT BOX
Located at the northern tip of a high growth area known as "The Golden Triangle" (formed
by Denton, Fort Worth and Dallas), the city is a dynamic community whose rapid growth
has affected its infrastructure as well as its culture. Denton is approximately 95 square
miles in territory and strategically positioned approximately 37 miles northwest of Dallas
and 35 miles northeast of Fort Worth. Located on the Interstate 35 corridor at the
intersection of I -35E and I -35W, Denton is approximately 25 miles from DFW
International Airport and 20 miles north of Alliance Airport.
Denton is a rapidly growing community with a long history as the County Seat and the
major urban center for Denton County. The city is home to two state universities - the
University of North Texas and Texas Woman's University, with a combined enrollment in
excess of 50,000 students. The city is also served by the North Central Texas College, the
oldest two-year public college in Texas. Higher education is supported by the award-
winning Denton Independent School District serving more than 27,000 students in a 180
square mile district.
While the amenities of the major metropolitan settings in Dallas and Fort Worth are only
minutes away, Denton has a variety of performing arts, cultural, and entertainment
opportunities within the community. Golf courses and nearby lakes offer superior outdoor
recreation. The City and its surrounding area offer theater, symphony orchestras, museums,
Draft Recruitment Brochure
City of Denton Page 3 of 9
67 intercollegiate athletics and other cultural and recreational amenities. Denton also has 28
68 parks and over 300 acres of open space, plus eight recreational facilities.
69
70 Denton offers its next City Manager an exceptional quality of life and an inviting
71 environment in which to live, work and raise a family.
72
73 MUNICIPAL ORGANIZATION
74
75 The City of Denton operates under the Council -Manager form of government. The Mayor
76 and six -member Council are elected for two year terms; four members are elected by
77 District and the two remaining seats plus the Mayor are elected at -large. The City Manager
78 is appointed by the Council and serves as the Chief Executive Officer for the City, ensuring
79 that the policies of the Council are implemented and that the entire community is being
80 served. The City Manager prepares the budget for Council's consideration; recruits, hires
81 and supervises the local government staff, and serves as the Council's chief advisor.
82
83 The Fiscal Year (FY) 2016-2017 proposed budget includes funding for 1,638.5 full-time
84 equivalents (FTEs) and has an overall operating and capital budget of $1.19 billion.
85 Operating as a full service municipality, in addition to standard municipal governmental
86 services, Denton also operates with several major enterprise operations including Airport,
87 Electric, Water, Wastewater, Solid Waste, and Drainage. The City of Denton prides itself
88 on citizen involvement, innovation and efficient use of municipal resources.
89
90 Municipal services and operations are guided by the City's strategic plan which was created
91 to ensure that the community realizes its vision and mission. In September of 2015, the
92 City Council approved the City's FY 2015-16 Strategic Plan, and the Council is currently
93 in the process of amending the Plan for FY 2016-17. The Strategic Plan serves as the basis
94 for the development of the Annual Operating Budget, and the Council will consider
95 approving it with the budget on September 20, 2016.
96
Draft Recruitment Brochure
City of Denton Page 4 of 9
97 The Strategic Plan is organized into five Key Focus Areas (KFAs): Organizational
98 Excellence; Public Infrastructure; Economic Development; Safe, Liveable and Family -
99 Friendly Community; and Sustainable and Environmental Stewardship.
100 To learn more about the City of Denton, visit http://www.cityofdenton.com.
101
102
103 CURRENT ISSUES
104
105 The following listing of issues and challenges is representative of the issues the City
106 Manager will encounter in the first six to eighteen months on the job and is not intended to
107 be all-inclusive.
108
109 • Organizational Assessment and Alignment — The new City Manager (Manager)
110 will assess the organizational structure of the municipal organization to include
111 senior staffing, interdepartmental relationships, and adherence to the strategic plan
112 and related goals and objectives. The Manager will ensure that highly talented and
113 effective directors are in place for each of the City's operating departments and
114 divisions.
115
116 • Fiscal Sustainability — The Manager will review the current and long-term
117 financial status of the City and recommend financial strategies that maximize fiscal
118 resources and protect the City from fluctuations in the local and national economy.
119 The Manager will recommend to the City Council budget mechanisms and
120 strategies to fund compensation structures to continue to attract and retain a talented
121 staff, fund municipal participation in public-private partnerships, invest in
122 infrastructure maintenance and upgrades, invest in its utility enterprise operations,
123 and secure adequate water supplies for Denton's current and future needs.
124
125 • Economic Development — The City Manager will work closely with the Denton
126 Economic Development Partnership, the Denton Chamber of Commerce, the
127 Denton Black Chamber of Commerce, the Denton Hispanic Chamber of
128 Commerce, the universities and other economic development partners to position
Draft Recruitment Brochure
City of Denton Page 5 of 9
129 Denton for tax base expansion and diversification, job growth and development of
130 additional community amenities.
131
132 • Community Development and Redevelopment — Denton has a mixture of older,
133 established neighborhoods and commercial areas and newer developments. The
134 preservation and revitalization of the city's Historic Preservation Districts is a key
135 priority, balanced with continuing the development and redevelopment of the entire
136 city.
137
138 • Leadership — The City is seeking a strong professional and dynamic leader with
139 demonstrated experience to manage and develop the City staff. The Manager will
140 set a positive example of enthusiasm, work ethic and cooperative relationships
141 within the community and the region. The Manager will put in place effective staff
142 development and succession planning practices.
143
144 • Municipal Facilities — The City has widely dispersed operations in a number of
145 locations. In many cases, City facilities are aging and approaching obsolesce. The
146 Manager will advise the City Council regarding priorities for bond elections and
147 general fund investments in maintaining, upgrading or relocating facilities.
148
149 CANDIDATE PROFILE
150
151 Prepared in consultation with the Mayor and members of the City Council, the following
152 listing reflects the management style and personal characteristics of the ideal candidate
153 Qualified candidates should offer:
154 • Outstanding personal leadership and management skills.
155 • Highly developed financial management and budgetary skills.
156 • High personal energy and a positive approach.
157 • An approachable, friendly, open and participatory management style.
158 0 A comfort level with racial, ethnic, and gender diversity.
Draft Recruitment Brochure
City of Denton Page 6 of 9
159 • A willingness to communicate in an effective, timely, and equitable manner with
160 all members of the City Council.
161 • The ability to anticipate problems, identify alternative courses of action, prepare
162 proactive recommendations and to defend and support those recommendations
163 before the City Council.
164 • The ability to be an effective and articulate advocate for the City's interests in
165 discussions and negotiations with other organizations, including other cities,
166 Denton County, the North Central Texas Council of Governments, Texas
167 Department of Transportation and the State of Texas.
168 • The ability to maintain effective working relationships with the assistant city
169 managers, department heads and other City employees while maintaining a high
170 level of accountability and productivity.
171 • The ability to maintain positive, productive relationships with the Mayor and City
172 Council, the public, the business and commercial community, and development
173 interests, and to balance responses to their respective needs for the interests of the
174 entire community.
175 • The ability to work with and communicate effectively with all levels of the
176 organization and all elements of the community on a fair and equitable basis.
177 • The ability to employ personnel policies and procedures to insure opportunity for
178 the staff to advance based on their ability and performance record, as he/she
179 demonstrates a strong commitment to teamwork, customer service and excellence.
180 • The ability to effectively delegate authority and responsibility while maintaining
181 appropriate levels of accountability and operational control.
182 • A willingness to maintain a high degree of visibility in the community, both on and
183 off the job. The successful candidate will have the desire to enter into a long-term
184 relationship with the City of Denton and the community.
185 Other required personal characteristics include:
Draft Recruitment Brochure
City of Denton Page 7 of 9
186 • An understanding of the political process while avoiding personal involvement in
187 political issues.
188 • Initiative, resourcefulness, creativity and problem -solving ability.
189 • Outstanding interpersonal and "people" skills.
190 • Outstanding written, oral, and presentation communication skills.
191 • The tenacity to work through complex, long-term and often difficult issues and
192 projects.
193 • A visionary approach to Denton's future.
194 • Personal and professional integrity of the highest order, demonstrated in both the
195 candidate's public and private life.
196
197 QUALIFICATIONS AND EXPERIENCE
198
199 The successful candidate will hold a Bachelor's degree in business or public
200 administration, political science or a related field. A graduate degree in business or public
201 administration or a related field is highly preferred. Five years' service as a City Manager
202 or Assistant City Manager or the equivalent in a community of comparable or larger
203 complexity is sought. Candidates with private sector experience in complex organizations
204 with challenges similar to those of Denton may be considered on a case-by-case basis,
205 within the confines of a City Charter requirement of two or more years' experience as a
206 City Manager, Assistant City Manager or the equivalent. The candidate's background and
207 experience should include a diverse exposure to all aspects of managing a full-service city
208 or county, preferably in an urban environment and in a community undergoing substantial
209 redevelopment and revitalization. The City Council is open to candidates from any region
210 of the nation with experience relevant to Denton, with a focus on candidates from diverse
211 and involved communities.
212
213 COMPENSATION
214
Draft Recruitment Brochure
City of Denton Page 8 of 9
215 The salary range for this position is highly competitive, based on the successful candidate's
216 qualifications and experience, with a starting range up to the low to mid $200K. A superior
217 benefits package is offered, including Texas Municipal Retirement System at the 7 percent
218 employee contribution level with a 2 -to -1 match by the City upon retirement; medical,
219 dental, vision, life and disability insurance; vacation, sick leave, holiday; and other highly
220 competitive benefits. The City Council will negotiate an employment agreement and
221 relocation assistance with the successful candidate. The quality of life offered in Denton is
222 outstanding and the Manager will reside within the corporate limits of Denton while
223 employed by the City.
224
225 APPLICATION AND SELECTION PROCESS
226
227 Qualified candidates should submit their resume online by visiting our website at
228 www.watersconsulting.com/recruitment. This position is open until filled; however,
229 interested applicants are encouraged to apply by September 26, 2016. Following this
230 review date, applications will be screened against criteria provided in this brochure. The
231 Mayor and City Council will offer interviews in Denton to those candidates named as
232 finalists, with reference checks, background checks, and academic verifications conducted
233 after receiving candidates' permission. For more information, contact Chuck Rohre at
234 crohre(a�waters-company. com or by calling (214) 466-2436 or Miguel Ozuna at
235 mozuna cr,waters-company.com or (214) 842-6478.
236
237 Applicants for this position selected as finalists will be subject to a criminal
238 history/credit/driver's license check prior to interview. While the consultant and City
239 of Denton will endeavor to maintain confidentiality, under Texas statutes,
240 information from your resume may be subject to release to the public at any stage of
241 the recruitment process.
242
243 The City of Denton is an equal opportunity employer and values diversity at all levels
244 of its workforce.
Draft Recruitment Brochure
City of Denton Page 9 of 9
245
City of Denton
Job Description
Title: City Manager
Department/Division: General Government / City Manager's Office
Reports to: City Council
Effective Date:
01/06/2001
Revision Date:
447 /"9O t0la 08/2
3/2016
Position ID:
JN0010
Market Band:
Council
Appointed
FLSA Designation:
Exempt
Definition: Responsible for managing the operations of the City under the direction of City Council.
Essential Job Functions:
• Enforces and administers the provisions of the City Charter, City ordinances, laws governing
municipalities, and City Council
• Plans, coordinates, and directs the work of City departments, including City -owned utilities,
through delegation of authority and responsibility to Assistant City Managers and department
directors
• Attends regularly scheduled and special called meetings and participates actively in discussion of
matters coming before the City Council and recommends legislation and policies required in the
public interest
• Negotiates and recommends awards of contracts for materials, equipment, and services
• Meets with directors and department heads to produce departmental budget estimates, proposes
an annual budget for the City with balanced revenues and expenditures
• Represents the City in a variety of meetings and public functions
• Appoints Assistant City Managers and oversees hiring of department heads, subordinate officers,
employees and is the final reviewing authority on the termination of classified employees
• Meets with various subordinates individually and as a group to resolve organizational problems
and coordinate departmental work programs
• Coordinates preparation of all background material in connection with Council meetings; attends
and represents staff at all sessions
• Reviews proposed budgets with the executive staff; makes recommendations and presentations
of budget items to Council and conducts budget work sessions
• Meets personally with or receives phone calls from citizens who desire information or have a
complaint; investigates and ensures adequate responses; reviews mail and proposes appropriate
responses
�aC
the E e-_ 1tiy , mmittee,Serveses as Chief Executive , address in problem -solving
issues related to the municipality; facilitates problem resolutions; initiates and approves policies
• Ensures that Assistant City Managers motivate their subordinate departments and divisions to the
highest level of performance, conducts annual reviews for Assistant City Managers and
subordinate supervisors' and managers' appraisals
S:\HR Shared\City of Denton Job Descriptions\J-Executive Job Family\City Manager (JN0010).doc
City Manager (JN0010).doc
Page 2 of 3
• Makes major changes in the structure, methods, procedures and workflows of City departments to
reflect changes in mission, operational demands and relationships among departmental units
• Performs a full scope of supervisory responsibilities including recruitment, selection, hiring,
training, counseling, and evaluation of employees
• Responsible for coordinating the short-range, long-range, and strategic planning of all City
departments; coordinates the activities of City government with other government agencies and
performs other related duties as required
Additional Duties:
• Performs other duties as assigned
Physical Requirements:
Overall Strength Demands: The following describes the overall strength demand of the functions
performed by the incumbent during a typical workday.
® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy
Physical Demand Codes: The following describes if the incumbent is expected to exert the following
physical demands during a typical workday and the overall frequency.
Codes for "how often":
Y = Yes
E = extensive
(100-70%)
N=No
M = moderate
(60-30%)
I = infrequent A = almost never
(20-10%) (<10%)
Machines, Tools, Equipment and Work Aids:
The essential functions of this position require the daily use of a computer and telephone.
Environmental Factors:
The essential functions of this position are performed in an office environment.
Minimum Qualifications/Acceptable Equivalency:
• Master's degree in Public Administration, Business Administration, Urban and Regional Planning
or related field
• Five years of experience as a City Manager, Assistant City Manager or Deputy City Manager
[Dote ® The City Charter requires a minimum of two years as a City Manager or Assistant City
Manager or the equivalent]
�Ou_
S:\HR Shared\City of Denton Job Descriptions\J-Executive Job Family\City Manager (JN0010).doc
Task
Code
Task
Code
Task
Code
Task
Code
1.
Standing
1
6.
Pushing/Pulling
A
11.
Crawling
A
16.
Vision
Y
2.
Sitting
E
7.
Overhead Work
A
12.
Bending
A
17.
Hearing
Y
3.
Walking
A
8.
Fine Dexterity
A
13.
Twisting
A
18.
Talking
Y
4.
Lifting
A
9.
Kneeling
A
14.
Climbing
A
19.
Video Display
Y
5.
Carrying
A
10.
Crouching
A
15.
Balancing
N
20.
Other
Machines, Tools, Equipment and Work Aids:
The essential functions of this position require the daily use of a computer and telephone.
Environmental Factors:
The essential functions of this position are performed in an office environment.
Minimum Qualifications/Acceptable Equivalency:
• Master's degree in Public Administration, Business Administration, Urban and Regional Planning
or related field
• Five years of experience as a City Manager, Assistant City Manager or Deputy City Manager
[Dote ® The City Charter requires a minimum of two years as a City Manager or Assistant City
Manager or the equivalent]
�Ou_
S:\HR Shared\City of Denton Job Descriptions\J-Executive Job Family\City Manager (JN0010).doc
City Manager (JN0010).doc
Page 3 of 3
• Any combination of training and experience that provides the knowledge, skills and abilities
required consistent with the City Charter
Conditions of Employment:
• Must have a valid Class "C" Driver's License prior to employment (must obtain Texas Class "C"
driver's license within 30 days of hire per state law)
• Must pass a drug test, driver's license check, criminal history background check, and social
security number verification check
• The City Manager must establish and maintain residency within the Denton corporate limits during
the term of his/her employment
Preferences:
• Bilingual in Spanish and English.
• International City Management Association Credentialed Manager
• Ability to communicate effectively both verbally and in writing
S:\HR Shared\City of Denton Job Descriptions\J-Executive Job Family\City Manager (JN0010).doc
City Manager (JN0010).doc
Page 4 of 3
This job description is not an employment agreement, contract agreement or contract.
Management has exclusive right to alter this job description at any time without notice.
S:\HR Shared\City of Denton Job Descriptions\J-Executive Job Family\City Manager (JN0010).doc
■
Is
0
ca
co
Q
U
ca
�
O
�
O
N
N
ca
21
CO
,z
N �
Is
0
R ?"A
0401,
',
UM
21 E
E
0
u
,z
I
ELI,
0,0
C:
Ln
fo
0 0-
= E
Ln
uo
1:1 El El
V) V)
-1-j 0
0 V)
CL 0
u
V) �r- CL u
>
o
0 Q) Q) U
(1)
V)
0 0
0
0 4-J
0 0 E-1
u u rq u 0
r'S
E
0
0
E
0
0
C
CD
-b
C--
CT3
co
m
cr)
0')
0
Co
0
co
m
E
21
E
CIE
cz:)
u
C-4
06
x
ct
U)
-0
(D
LO
0
%_0
-CT3
CO
: cn
a
0
EF
E
<
0
Lu
��\
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
File #: ID 16-983, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Development Services/Economic Development Division
CM/ ACM: Jon Fortune
Date: August 23, 2016
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the agreement between the City of
Denton and the Denton Chamber of Commerce providing for a program to promote economic development
through joint efforts.
BACKGROUND
The City Council and the Denton Chamber of Commerce first entered into an economic development
partnership agreement in 1986. The City provides General Fund and Utility Fund dollars to the Chamber for the
administration and operations budget of its Office of Economic Development, which uses the funds for:
• Prospect generation activities
• Marketing activities, i.e. trade shows, publishing/printing, website administration, marketing materials
• Economic Development Partnership Board support
• Small Business Development Center support
In addition to City funds, the Chamber of Commerce solicits private sector funding to enhance marketing and
allies development efforts. Private sector funding has been budgeted for the current FY 15/16 year in the
amount of $63,875.
On June 28, 2016, the City Council received a report regarding Novaces Consulting Firm's Agile Economic
Development Report. The report was a result of a holistic review of the development process from first contact
with a prospect to issuance of a Certificate of Occupancy. Several recommendations were made as a result of
the report, including a proposal to bring prospect RFP responses into the City for efficiency and quality control.
Additionally, the report recommended the implementation of a Marketing Scorecard by the Chamber of
Commerce, to measure the effectiveness of economic development marketing efforts. The City Council gave
direction to staff during the Work Session to proceed with implementation. In order to implement these
recommendations, some changes will be required to the annual Economic Development Program Agreement
between the City and the Chamber of Commerce.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City of Denton Page 1 of 2 Printed on 8/19/2016
povveied by I_egivt9i IN
File #: ID 16-983, Version: 1
An Economic Development Program Agreement is adopted annually commencing October I", in conjunction
with the adoption of the Chamber's proposed budget as funding allocation from the City's annual budget
adoption.
The Economic Development Partnership Board considered the Chamber's proposed FY 16/17 Budget on May
12, 2016 and recommends approval.
The City Council held a Work Session on June 28, 2016 and gave staff direction to implement the Agile
Economic Development Report recommendations.
FISCAL INFORMATION
The Chamber's Office of Economic Development requests $62,182 from the General Fund and $176,654 from
the Utility Fund. The Chamber's Economic Development Annual Budget is attached, providing details from
2012 to present.
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: Economic Development
Related Goal: 3.1 Develop targeted policies and incentives to achieve desired economic
growth
EXHIBITS
Exhibit 1 - Ordinance 2015-297 Economic Development Program Agreement
Exhibit 2 - Chamber Economic Development Budget
Exhibit 3 - Presentation
Respectfully submitted:
Aimee Bissett
Director of Development Services
Prepared by:
Aimee Bissett
Director of Development Services
City of Denton Page 2 of 2 Printed on 8/19/2016
povveied by I_egist9i I;,
s:\legal\our documents\ordinances\15\2015-16 chamber ordinance and contract.doex
ORDINANCE NO. 2015-297
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON,
TEXAS, AND THE DENTON CHAMBER OF COMMERCE REGARDING AN ECONOMIC
DEVELOPMENT PARTNERSHIP; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton deems it is in the public interest and
serves a municipal and public purpose to enter into an agreement with the Denton Chamber of
Commerce for the purpose of providing for a program to promote economic development
through the joint effort of the parties hereto; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. City Council finds that the Agreement between the City of Denton and the
Denton Chamber of Commerce serves a valid municipal and public purpose and is in the public
interest.
SECTION 2. The Agreement between the City of Denton and the Denton Chamber of
Commerce attached hereto and made a part hereof by reference (the "Agreement") is hereby
approved. The Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute the
Agreement on behalf of the City of Denton. The City Manager is hereby authorized to carry out
the City's rights and duties under the Agreement including authorization for the expenditure of
funds provided for in the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the. mm day 2015.
CHRIS WA f `1" '..M.� .w
AYO
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPlt Plw� Aa TO LEGAL FORM:
ANITA .3URGESS, CITY ATTORNEY
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON
CHAMBER OF COMMERCE
This Agreement is made between the City of Denton, Texas, ("City") and the Denton
Chamber of Commerce ("Chamber") for the purpose of providing for a program to promote
economic development through the joint effort of the parties hereto, who in consideration of their
mutual promises, agree as follows:
1. Chamber Office of Economic Development ("Office"). During the term of this Agreement, the
Chamber shall maintain an Office of Economic Development managed by the Vice President of
Economic Development, who shall perform the duties of the office.
2. Duties of the Office. The Chamber of Commerce shall:
a. Develop and maintain positive relationships with key economic development allies,
including but not limited to, private sector investors, the Governor's Office of Economic
Development, Dallas Regional Chamber, and national, regional and local real estate
brokers and land developers.
b. Maintain memberships and involvement in economic development organizations, such as
the International Economic Development Council and Texas Economic Development
Council.
c. Work in cooperation with the Assistant Director for Economic Development for the City
of Denton to implement the two-year Strategic Action Agenda as adopted by the Economic
Development Partnership Board in 2015.
d. Work in cooperation with the Assistant Director for Economic Development for the City
of Denton to evaluate existing marketing efforts, establish and/or amend a Marketing Plan,
and produce branding and marketing materials to promote Denton through a collaborative
effort with economic development stakeholders, including Denton Enterprise Airport,
Denton Municipal Electric, University of North Texas, Texas Woman's University,
North Central Texas College, Denton Independent School District, private Chamber
investors, and others as appropriate.
The plan will be presented annually to the Economic Development Partnership Board and
will include a plan/timeline for the placement of advertising in trade publications, the use
of social media, and the upgrade of economic development materials and website
(DentonEDP.com).
e. Work in cooperation with the Assistant Director for Economic Development for the City
of Denton on the Strategic Action Agenda's Recruitment Team to identify the attributes
of desirable businesses, identify target industries, and develop recruitment strategies and a
cohesive Recruitment Plan through a collaborative effort with economic development
stakeholders, including Denton Enterprise Airport, Denton Municipal Electric, University
of North Texas, Texas Woman's University, North Central Texas College, Denton
Independent School District, private Chamber investors, and others as appropriate. The
Recruitment Plan will be compiled by the Recruitment Team, which will be coordinated
by the Assistant Director for Economic Development with the City of Denton. The plan
will be presented to the Economic Development Partnership Board annually and will
include strategies for recruitment, division of recruitment duties, and the identification of
target industries.
f. Represent Denton Economic Development and recruit prospective businesses through
attendance at target market trade shows, consultant's forums, targeted business
meetings/conventions and other special events; and coordinate travel calendar and budget
with the City of Denton to identify strategies to allocate staff and financial resources for a
cohesive presence at events and trade shows.
g. Serve as a principal point of contact for prospect communications, the production and
submittal of site proposals, prospect visitation itineraries, and prospect follow-up for
businesses interested in locating in Denton. Work in cooperation with the City of Denton's
Economic Development Division to facilitate prospect responses with other local allies.
Share lead information with the Assistant Director for Economic Development for the
City of Denton on a frequent basis during regular partnership meetings, and with other
members of the Recruitment Team as appropriate in order to compile the most
comprehensive site proposals possible utilizing all resources available. As appropriate,
Page 2
share electronic copies of site proposals with Recruitment Team for feedback and
suggestions regarding strategy and content.
h. In conjunction with the City of Denton's Economic Development Division, develop and
maintain positive relationships with Denton businesses through a business retention and
expansion program.
i. Work closely with the City of Denton's Economic Development Division in the
development of programs and policies to enhance economic development, including but
not limited to incentives, business retention and expansion visits, retail recruitment,
strategic planning and other areas of mutual interest.
j. Work in coordination with the Assistant Director for Economic Development for the City
of Denton to carry out objectives for the year, including the development of a "shovel -
ready" sites program, workforce development strategies, and the development and
implementation of a Strategic Plan. Work in cooperation with the City of Denton to identify
performance measures for economic development annual work plan and objectives.
k. Prepare and obtain approval of the annual work plan and budget from the Economic
Development Partnership Board. Provide the Board with monthly activity reports. On a
quarterly basis, include performance measures and accomplishments, and financial reports
that include expenses by category and budget -to -actual figures. The financial report will
be reviewed and approved quarterly by the Economic Development Partnership Board.
3. Support Services and Funding. The Chamber shall provide the office space, equipment and
support staff necessary to the operations of the Chamber Office of Economic Development. For
the fiscal year 2015-2016, the Chamber shall solicit and contribute private sector funds in the
amount of $63,875, and the City shall provide funding in the amount of $242,896, which may be
funded from the General Fund, the Utility Fund, or some combination thereof. The balance of
any unused City funds shall be returned to the City at the end of the fiscal year.
Any funds provided by the City pursuant to this Agreement shall be retained in an account separate
and segregated from the Chamber's general operating fund and shall only be used for the purpose
provided for in this Agreement. The Chamber and the Office shall keep current and
Page 3
accurate records of all funds received and expended, which shall be subject to inspection and
audit by the City at all reasonable times. All such financial records shall be subject to the Texas
Public Information Act, Tex. Gov't Code Ch. 552.
4. Status of Office. The Chamber Office of Economic Development shall be under the direct
supervision and control of the Chamber and all personnel of the Office shall be considered
employees or agents of the Chamber. The Chamber shall be responsible for the processing of all
benefits or payment of liabilities of such employees or agents, including the withholding or
payment of personal income or social security taxes, as provided by applicable law, and the
payment of worker's compensation premiums. The Chamber shall maintain policies of insurance
in the minimum amounts required by law to protect against liability arising from the operation of
any vehicles used by employees of the Office and the Chamber agrees to defend against, and
indemnify and hold the City, its elected officials, officers, agents, employees and
representatives harmless from any claim arising from any negligent act of such employees.
5. Term of Agreement. This Agreement shall be effective from October 1, 2015 through
September 30, 2016. Either party may terminate this Agreement by giving written notice to the
other party with thirty (30) days advance notice, in which case any unexpended funds provided by
the City shall be returned to the City.
EXECUTED this the / day of a X,4ej, 2015.
CITY OF DENTON
CHRIS WATTS, MAYOR
Page 4
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
( 'utt",
ata
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY
ATTORNEY
.,�
BY:
Page 5
DENTON CHAMBER OF COMMERCE
OO O
O
O O O O O O O O O O O O O O O
O
O O O O O O O
O
O O O
O
O
O O O
O
O O O O O O O O O O O O O O O
O
O O O O O O O
O
O O O
O
00 O
I,
0 0 0
0
0 0 0 to m 0 a 0 0 0 0 0 0 0
0
0 0 0 0 0 0 0
0
0 0 0
0
"O - I,
7 LO c -I
to
O
to
n Ln Ln m c -I m O O to
m N N Ln W
to
O
O O
Ln Ln
O
O
l0
O
m N \
kD
:
m �t O
N
N
N
W" 14
C N O
O O N
S N
V
O O O
00
O O O O O O O O O O O O O O
O
O O O O
O
O O
O
14
O O O
O
O O O O O O O O O O O O O O O
O
O O O O
O
O O
O
O y
cV a 0
to
to O O O a to 0 0 0 0 0 0 0 0 0
to
O O O O
O
O O
to
N ++
W Ln
1-t t0
m
W
to O O m (N O O N m O O O O O
l0 rl lzj Ln Ln M l0 It n t0 M c -I O W
m
m
W O O O
Ln O O c -I
W
t0
O O
O N
m
W
LO 7)
N 7
N to
W
m N Ln N O 00
m N :t Ln
m
N N
W
O a
l0 N
m
N N N
m
N
N
N
m
N W
N
N
N
N
N
LL
O Ln
O O O
O
O O O O N m I, m I, O�o to m m to
to
m 0 0 0 m m 0
m
O m O
to
iy
O O O
O
O
to
I� O O O m m a Lo W O cm CV I- O m
m O m 0 W c -I c -I n c W 0 W m 0 m
N
to
m O O O O m O
n O O O�o to 0
m
0
O Ln Lo
0 I- m
N
O
N V c -I
0
4 Ln
N l0
m
W
LnN m W W m I, to m N m:t W N
N N Ln N W N rl W O rl N
m
W
Ln m to c -I
m N m
I,
m
O n to
Ln m Ln
�--�
m
C -IW
f6 LL
l0 l0
N
N N N N l0 N N Ln :t N
Nr,
Ln Ln
:tO
N 7 OLn
1p N
N
N
Ln
00
N
N
N
LL Q
O
O O O
O
O O O O O O O O O O O O O O O
O
O O O O
O
O O
O
iy
O O O
O
O O O O O O O O O O O O O O O
O
O O O O
O
O O
O
O
N t 0�
m 0 0 0 W m 0 to 0 0 0 0 0 0 0
to
0 0 0 0
0
0 0
to
N y
a Ln
m
W O O m I, O a ti 0 0 0 0 to O,
W O O O
W
O O
m
40
N l0
W
W Il t0 O m m Il W O ti W W
O
Ln O Ln 10
l0
O N
W
C -I 16
l0 to
N
Ln N Ln N O :t N N l0 l0 I,
m
m N Ln Ln
N
N N
N
m
N
N
N
N
N
N
LL
Ln
O O O
O
ti 0 0 I, m W 0 to O I, (N :t W m m
(N
to O m m m 0
I,
O cV m
O O O
O
m O O N O't OIf! l0 l0 n m m I- N
t0
W O't O W m
ri
O N n
n
O
t m 0
n
to 0 0:t m:t 0 m I, to n W to m m
N
W 0 0 I, m to
n
O ti O
ti
N
m m
to
c -I O N Ln I, m m to c -I to Ln W I,
n
N N N W
O
O W I,
m
,4�3
V
O �
N Ln
�
r,
Ln � m O W rl N t0 Ln It Ln Ln
N N Ln N m N to O Ln
�
Ln
c -I N t0 W Ln
m N N Ln
�
m
O 10 t0
N
N
N
�y
O
N Q
l0 l0
N
N
N
N N N
N
W
N
N
m
N N
Ln
N
LL
Ln
O O O
O
O O O O O O O O O O O O O O O
O
O O O O O O
O
O O
0
c -I
O O O
O
O O O O O O O O O O O O O O O
O
O O O O O O
O
O O
O
O
t m 0
I,
O O O O n 0 0 0 0 0 0 0 0 m O
N
O O O m O O
Ln
O O
I,
N y
m m
t0
N O O W cV 0 0 m 0 0 0 O N m
m
O O ti 0 0
ti
0 0
to
p0
O a
a
Ln a s Ln cl M 0 M 0cl 0 0 m rl
N
O O m Ln l0
O
O N
a
�y "6
N Ln
N Ln N m m N N Ln m to
W
m N N Ln Ln
r,
N N
I,
O 7
m
l0 l0
N
N
N
N N N
N
W
N
N
N
N
(N
N
N
LL
'0 O 0:
O
O�t O 0 w �t m1:t n w N W ':w
ti
; m w ti�o O
It
0 O
'mI
N.
O O O
O
W O O O I'-� n O W Lq LO O :d' IC! 0 a
ri
O N't 't O «)
r
O O Ln
m
O:
N
It m 0
,crm m
r-
to
i It 0 0 0 .-1 a) m 1:t m �o to co N n W
Ln O m m ti r- 0 [o LO r -i 00 to r- N
m
O
Lo L- 't m m st
: Lo W fV m n'Y (N
to
M
0 m N
O W N
m
t
mM N
:O a
!N Ln
a
n
L O O H c-+ N N N co m Ln Ln ��
n N -;t W 0 •'i M: Ln m 00
m
N
m N00 m O« 1
to N M Ln
O
00
O 10 cm
ci m
oc
to
N
to
N
m N r-1
Ln
rl
N
O:
LL'
0 O O:
00
O O O O O O O O O O '0 O 0 1 0
O
0 O O O O O
O
O O
O:
rl
10 O O;
O
t 0 0 0 0 0 0 0 0 0 0 0 O O O .0
O
0 0 0 0 0 0
O
Q O
0:.
O'
'a m 0:
n
'. c -i 0 0 0 0 ti 0 m 0 0 0 10 0 0 '.0
r,
0 0 0 0 0 0
0
0 0
n
N y
,M m
O lzh
to
d�
:-:t O O O It 0 m 0 0 0 :0 0 0 m
N a O m O M O O O O O Il
to
cl
0 0 0 0 0
O M Ln cu
0
co
0 0
O
to
:
mM00
e -f "6
:.N Ln :
N
4 lD
O N m rl m to N to -N m m': Lo
m
':. m Ln O
Ln
O
m
N
N
'. N c-1 ri
00
N
N
N
('V
N
ry
r
r
r
LL
M.
:O O 0.
O
a 0 sh O O io O cV W O m Ln a W W
W
: I, m N W W O
a
0 W
0:
0,
O
W 0 0 0 0 Lo Ooq _,M O W ,j0? ri IR
W
r+? ri Ol O ti 0
r*�
q m
0.
0.
m
N 0 0 0 0� 0 Ln o 0 to 'W 00 00 ,M1
h
: 00 �--� O rl m 0
to
0 :t
m
N M
M N
Ln
: m O O O m W n m O W W O O
+--i
: m:t ti ti�t 0
N
'0 N
:Ln:
N
a' W
N
: 7 O �' M W M Ln Ln :m m 7
C'
N m N M m N
W
O O
N
to
: Ln N Ln m O N : LO m :l0
r-
: W -;r N O
�o
O
N
r -
m
N
LL
of
0 0 0
0
0 0 0 0 0 0 0 0 0 0 0 0 O O 0
O
0 0 0 0 0 0
0
0 0
0
r(
i0 O O
O
O O O O O Q O O l0 O O O O O O
O
0 0 0 0 0 0
O
O O
fO
O
':0 m 0'
m
m 0 0 0 0 0 0 a 0 0 0 10 0 0 '0
m
: 0 0 0 0 0 0
0
0 0
m:
N a)
M N
Ln
m O O O :M O a 0 0 0 0 O O m
m
: O 0 0 0 0
O
O O
:Ln
N 0q
W :
N
to
ti O ch 0 :O M Ln :Ln O O O O O n
: W N m N O to N to :(V Ln m :10
l
00
: O O O N
: m : M M O
l0
Ln
O O
N
W
N
N
LL
C
m
N
C
CL
C
w
+ O
a
N
c
;
O
0)
i
£ p
V
O
\
O i
p
LL c
in V
O
—y O O
O
++
V
N
V fi V N
W N V
W CL
Q
CLE
-y N +-T
W i Ln
i
p > N
O 6 Y
vO a
O
¢
w v=
n c o
O
w 3
a`
> m m
w
V'
S a m > O
CL to
o s N
\ao
D m
v
c c
00 v v c a 0 u
.Y v,
O +� t
in
p v
N
a
v
m
o
c c a
s
'' 6 m v p O a i
O_
\> v -O
Y
in
cv
t;c c 30 N o2$ c C'
f0
p p Q
O
N
O N
c C— m
O
m
w w
O O
KC
N— Q V N t tp 7
O Y ++ a co V N a
Q
W
Y N C Q a
-a-)
+T+ +T+ c
i vOi O O .� D
E co c V T N O j o i o
+O+
O Q
N �- N Q V N m
+O+
—V
m 0-
pw
+O+
V V p
H
Q In V Q Q K o_ Q 2 Q H a O a V
F
H Q V Z Z
F
In l)
F
8/18/2016
8/18/2016
8/18/2016
8/18/2016
8/18/2016
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
File #: ID 16-1049, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: City Manager's Office
CM/ ACM: Bryan Langley
Date: August 23, 2016
SUBJECT
Receive a report, hold a discussion, and provide staff with direction concerning audit activities and the City
Auditor position.
BACKGROUND
During recent budget discussions, the City Council discussed the possibility of hiring a City Auditor position.
Additionally, Council Member Gregory requested some information regarding the City Auditor position and
the internal audit activities currently being conducted in the City of Denton. In Exhibit 1, I have attached a
memorandum I prepared for Carla Romine, Director of Human Resources, regarding these issues. This
memorandum was provided to the Council Appointed Performance Review (CAPR) Committee at a recent
meeting.
In the City Manager's FY 2016-17 Proposed Budget, an additional $100,000 has been recommended for
internal audit services. The purpose of this agenda item, therefore, is to review this information with the entire
Council, and discuss potential options regarding how these funds should be used. The attached presentation
(Exhibit 2) will be used to facilitate this conversation.
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 1 - Memorandum to Carla Romine concerning internal audit activities
Exhibit 2 - Presentation
City of Denton Page 1 of 2 Printed on 8/19/2016
povveied by I_egivt9i IN
File #: ID 16-1049, Version: 1
Respectfully submitted:
Bryan Langley
Assistant City Manager
City of Denton Page 2 of 2 Printed on 8/19/2016
povveied by I_egist9i I;,
MEMORANDUM
DATE: July 8, 2016
TO: Carla Romine, Director of Human Resources
FROM: Bryan Langley, Assistant City Manager
COPY: Howard Martin, Interim City Manager
SUBJECT: Internal Audit Activities and City Auditor Information
Recently, Council Member Gregory requested some information regarding the City of Denton's
Internal Audit activities over the past few years. Additionally, Mr. Gregory requested information
regarding City Auditor positions in other similar cities.
Regarding the Internal Audit activities, I have attached a memorandum (Attachment 1) that I
provided to the City Manager which explains our work in this area from 2010 to 2013. Since this
time, we have also completed several other internal audits/business process reviews including the
following areas:
➢ Review of fleet fuel tank procedures
➢ Lean Government Initiative
➢ Payroll and Timekeeping Controls
➢ Off -boarding of employees and computer access controls
➢ Sales tax audit
On average, we have spent approximately $75,000 to $150,000 each year on contracted internal
audits over the past few years. I am also attaching a summary of the Lean Government process
reviews that have been conducted (Attachment 2), and the estimated savings that have been realized
as a result of these efforts. To date, we estimate that the Lean program has saved the City over
$600,000 and 7,300 hours in staff time. These audits and process reviews are in addition to the
external financial audits which are done each year.
Also, to provide some additional details regarding our efforts to review internal processes, I have
attached an article I wrote for the May edition of the TML Texas Town & City magazine
(Attachment 3). This article does a good job of illustrating our efforts in this regard for the Lean,
LEEP, and Innovation programs.
"Dedicated to Quality Service"
www.cityofdenton.com
Memorandum from Bryan Langley to Carla Romine
July 8, 2016
Page 2 of 2
Mr. Gregory also requested a list of similar cities which have and do not have City Auditor positions,
and he requested the salaries for these positions. This information is provided in Attachment 4.
Additionally, Mr. Gregory requested the total compensation for last City Auditor employed in
Denton. The total compensation (salary and benefits) for the City Auditor was approximately
$194,000. A Senior Auditor also reported to this position, but clerical support was provided by
other City staff.
If you need anything further, or have additional questions, please let me know.
Best regards,
Bryan Langley
Assistant City Manager
Attachment 1
MEMORANDUM
DATE: January 28, 2013
TO: George C. Campbell, City Manager
FROM: Bryan Langley, Assistant City Manager
SUBJECT: Internal Audit Activities
As you know, the City of Denton has made a number of significant expenditure reductions over
the past several years to offset the economic challenges that we have faced. As part of this
approach, the City implemented a personnel vacancy management program in FY 2010-11. The
purpose of the program is to "manage" vacancies so that the highest priority positions in the
organization are filled while others remain unfilled to generate financial savings. The program
has been very successful, and it has generated significant savings over the past two years
(approximately $1.45 million of savings in FY 2010-11 and $0.9 million in FY 2011-12).
Approximately 22 positions were left vacant in FY 2010-11, and the equivalent of 14 positions
were identified in the FY 2011-12 Adopted Budget. One such position is the Internal Auditor
which has been left vacant since March 2010.
While the City of Denton does not currently have an Internal Auditor position, the organization
is still required to actively assess and monitor internal controls. As such, funding has been
established in the Internal Audit budget to provide resources for management to pursue outside
assistance when circumstances dictate that necessity. In addition, with the city-wide
reorganization in October 2010, the role of the Chief Financial Officer was expanded to include the
responsibility for organizational risk assessment and business process review. Consistent with
this organizational structure, and in response to our fiduciary duties to the organization, we have
pursued a number of initiatives to 1) improve our internal controls, 2) protect the organization, 3)
improve the efficiency and effectiveness of our operations, and 4) further evaluate key
activities over the past several months.
Below is a list of the key items that we have completed or are in the process of completing:
➢ Assessment of internal control framework in accordance with the Committee of
Sponsoring Organizations Enterprise Risk Management framework (COSO) - Completed in
July 2010.
"Dedicated to Quality Service"
www.cityofdenton.com
Attachment 1
➢ Entity -Wide Risk Assessment —Completed in August 2010.
➢ Special Events Economic Impact Analysis -Completed in August 2010.
➢ Entity -Wide Data Analysis to assess internal controls, conflicts of interest, operational
efficiencies, and other matters - Completed in September 2010.
➢ Red flag Act Compliance Audit —Completed in September 2010.
➢ Validation of fixed asset system configuration and depreciation calculations — Completed in
October 2010.
➢ Operational review of Warehouse Operations —Completed in November 2010.
➢ Assessment of Utility Credit and Collections —Completed in November 2010.
➢ Development of Internal Control Monitoring Plan — Completed in January 2011.
➢ Hotel tax audit — Phase I completed in July 2011; Phase II and III scheduled for completion in
2012 and 2013.
➢ Payroll Process Review — Completed in September 2011.
➢ Review of Property Tax Exemptions, Utility Billing Data, and Vendors that have Outstanding
Debts with the City — Scheduled to be Complete in November 2011.
➢ Franchise fee audits for Charter Communications, Atmos Gas, and Cosery Electric — Completed
in late 2011.
➢ Audit of sales tax collections — Completed in November 2012.
➢ Verizon franchise fee audit — Completed in November 2012.
➢ Review of Purchasing Procedures — Completed in December 2012.
➢ Audit of overtime payments and procedures — Completed in January 2013.
➢ Audit of Cash Handling procedures — Expected to be completed in February 2013.
➢ Prepare entity -wide Data Analysis to assess internal controls, conflicts of interest, operational
efficiencies, and other matters — Expected to be completed by summer 2013.
➢ Audit procurement card program - Expected to be completed by summer 2013.
Attachment 1
This memorandum is provided to keep you advised of efforts to complete the kinds of
organizational/operational analysis that would otherwise be completed with the assistance of the Internal
Audit office at City Management's request.
If you have any questions, or need additional information, please do not hesitate to contact me.
Best regards,
Bryan Langley
Assistant City Manager
N
O
t
>•
L
E
L
'•
L
-
d Y
3 a
N C
L
d
-
3
'•
v E
i 0
d
N t
y1
� O
fl_
°1
C O
2 v
E
ou
u
E
v
N
E
N
E a-
d
E
O. ry
v
u
E
N E
o
c
d E
¢
v v
o
o
E o>
J
0
Y 0
0
�,
0 0
0> Y
c
0
0 n
0 0
o
r 0 a
0 9
o
0
0 u
..
0
0�r
N
rYro
tNL
m E
Y
v0
�
L
N
� L
L Yo
^
cd
n E
n
n
>•
L
L
L o
f Q
E o
a
v a
a u Y
u c
E
a +�
v .,
o
a �,
v-
a c
a +�
v .,
E o
a +� +-'
v ., v
E o E
a
v Y v
E o yj
a t
v n .,
v v
a +�
v .,
v 0
a E
v
v
a
v
a Q
a a o
E
o a
E
Z
w Y
N o
w a
Ot0
w
w-
w
w
0fl_
ufl
u
'>fl
w �°
>
w v
u
0Z
O
O
O
ON
O
2-i2->-. i0>Y
uu
d Q
d T
dd Y
dH
d Y
dd Y
dN Y _
du
_ N
L O
ZZ
2
�
Oq
m
ryo
�
y°�
a
05
°�
m
m
m
a
m
o
m
lc
Z
O
E
H
Q
H
m
Z
�
pq
m
v
v
'o
d`
m
0
ti
O1
ti
v'i
o
�
ti
m
x
n
o
�
a
a
�
ti
m
m
m
a
a
m
N
o
o
o
o
a
Z
a
c
•�
`m
m
LQ
LQ
o
oq
c
m
•,
o
ti
vi
Ln
cq
ai
m
o
o
o�
a
a
ai
m
m
m
ti
m
vi
ti
Iq
o�
ti
LQ
vi
ti
Lq
o�
o
m
�
Lc
d
Y
d
Y
d
Y
d
Y
d
Y
d
Y
v
O
T
O
"
V
a
a
a
a
_
u
u
a
a
l.7
>
O
V
l7
>
O
V
'-
3
a
_
`
m
~
m
m
m
v
v
u u
O °1
d` u
o
m
.Q
n
o
u
o
v
u .•
o °1
d` v
a
>
N
>
O
a
N
u
u
Y
Y
d Q
u
Y
d Q
d`
ou
d
ou
d
o
d
E
m
°1
o
d
°1
°1
E
m
v
o
-
Q
c
m
a
m
o6
u
�
N
p
I
E
m
L
�
d
wl
v
�
H
o
-o
m
o
-oo
a
v
d
o
m
0
v
-
o
o
d>°,
v
a
Q
o
d
v
a
v
Eu EE
v
o
.
>L
0
L•
a
u
>
E
u
0
n
u
z
c
o
-
0
uj
E
v
d`
O
O
o
y
O
a
Q
0
u
u
a
T
d
Q
O
N
T
=
a
V
a
O
-
V
a
u
TN
C
—
-
O
a
>
V
O
O
z
2
a
m
a
u
m
a
m
c
•j
p
c10
E'o 'o
v
T
a
v
T
a
ou
m
'o
o
m
m
'o
v
T
a
1
'o
m
a
v
T
—
Y
C
ry
�
C
0
>•
—
o
ro
E p
E
a
� N �
m
O
v
o
a
o
vo
•`
v
?
E
y
v
v
o a o
°1 ._
� .,
t
t o
c .•
in
o�
.• $
y 3
.• v
o
t m
.Y
fl- n
o0 v
W
m
w
a
O
O
v
_
O
v-
Z
z
z
Z
Z
z
z
Z
Y o
a >. o
Q
•' v
•� 9 Q
•�
O
O
O
O
D
D
0
v
v v
D
v�
'a .�
o
v fl-
'o
o
v o
'._
o
D
z
v0
'o >
Q
o
Q
0
Q
0
Q
0
d` v
d` c .`•
d`
Z
Z
Z
Z
ZZ
O
O
O
O
O
O
O
O
o
z
o
o
Z
O
O
p
O
y
z
O
z
O
zz
o
O
o
N
o
O
F
zz
zz
z
O
z
O
E
w
Z
Z
F
Z
Q
Z
Z
Z
Z
Q
Q
�
a
a
Z
Z
y
«
'o
d`
m
0
c
in
v
`m
c
S
im
O
z
z
y
z
z
y
C7
Z
ry
z_
z
d
o
a
o
z
z
z
z
z
z
z
z
C7
z
Z
C7
z
z
o
0
o
0
0
o
a
m
o
m
o
m
ti
�
m
�
T
W
d
d
C
t
d
T
O
d
v
O
E
d
+-'
v
O
E
L
A
d
d
d
d
d
VEl
T
VEl
T
VEl
T
VEl
T
VEl
T
3
d
3
o
V
>
0
V
>
0
V
>
o
V
O
V
2
a
2
d
H
N Y
O E
bu
O
Q
Q
bu
O
Q
Q
>
Q
O E
O E
O E
O E
O E
O E
O E
O
O
v
v o
v
OU
v 0
v 0
v 0
v 0
v 0
v 0
v 0
v o
v o
d`
E
m
o
d
o
d
a`
v
E
m
E
m
E
m
E
m
E
m
E
m
E
m
E
m
E
m
v
T
O
Q
W
y
-
Fz
a
v
m
o
-o
v
E
v
m
ou
M
a
o
a
u
a
o
E
E
0
2
v
v
d
V
v
O
3
O
>.
a
4
p
v
O
z-
z
z
o
m
g
z
d
w
O
c
O
j
v
d
v
d
d
c
v
E
E
o
o
E
o
O
T
T
O
O
O
�p
V
V
d
Q
bu
d
d
d
0
d
E
E
E
-
-
-
LZ
a
-
H
a
a
a
2
2
2
{
B
B B
S
k
2
§
§
\
\
/
\
u
|
/
q
q
q
»
k
»
§
k
k
k
§
\
\
\
\
\
\
k
k
\
\
}
\(
\(
\(
)
46
)
)
)
ou
\
\
3
\
}{
)
§
=
3
»
Attachment 3
Every great organization wants to encourage employees to
foster a sense of innovation and creativity in the workplace.
After all, employees are the core of everything we do in
local government, and our staff knows better than any-
one how to improve what they do. So how do we engage
employees to share solutions and have management sup-
port those efforts?
In response to this question, the City of Denton created the
following process and workforce improvement programs to
engage our employees and help us tackle various organi-
zational and community challenges:
Lean Government
Innovation Program
Leadership Excellence and Enhancement
Program (LEEP)
Collectively, these programs attempt to encourage creative
thinking, improve efficiency and productivity, and engage
employees in continuous quality improvement. As part of
this approach, a fundamental objective is to improve cus-
tomer service and satisfaction, and outcomes for our citi-
zens. Below is a brief explanation of each program.
Lean Government
The City of Denton is experiencing tremendous growth. The
current population in Denton is approximately 125,000, but
the city is on track to experience a 6o percent increase in
population to more than 200,00o by 2030. This growth will
place great demands on the entire municipal organization
including our city -owned utilities, public safety operations,
recreation and leisure activities, and other general govern-
ment services. To meet this demand, the city intends to
have controlled growth in our capabilities by innovating and
reinventing ourselves rather than just adding equipment,
staff, and layers of bureaucracy.
We implemented a "Lean Government" management
model to ensure that services are provided in the most
effective and economical way and to minimize or elimi-
nate waste. Denton's Lean journey applies methodologies
proven in manufacturing, health care, and other service
industries to remove redundant and inefficient processes
and enhance skills to provide outstanding customer ser-
vice. This program empowers employees to find solutions,
develop programs, and enhance processes that result in
service improvements and cost savings. Further, the pro-
gram allows users from different departments to work
together in finding solutions. These interdepartmental rela-
tionships will further integrate our employees so that they
can collectively embrace future problem -solving initiatives.
Lean methodologies are a series of techniques such as data
analysis, swim lanes, process mapping, and asking probing
questions to get past the surface level of an issue and
determine the root cause of obstacles or delays. The city
initiated the Lean program in 2014 with the assistance of the
Quality and Productivity Improvement Center (APIC, LLC).
T'XAS TOWN & CITY .20 MAY 2016
Attachment 3
Since strong collaboration is required to successfully develop
ideas, we created an online forum Where employees can
suggest, consider, and discuss potential ideas. As entries
are submitted, employees are able to comment in the
electronic forum on the strengths and Weaknesses of the
r.
All f
Y1111 idea. Additionally, suggestions to improve the idea can also
be submitted and considered by other employees. Finally,
1". N_ v- { When the top ideas are determined, employees formally
present their program suggestions to the management team
�°R for consideration and ask for any additional feedback prior to
implementation.
Training in the methodology was provided to executive
staff and select mid-level managers who would serve
as Lean coaches throughout the organization. Staff
identified several areas that could have a high impact
on productivity if improved, and conducted week-long
"kaizen" events with teams of employees to improve
the processes. In addition, many smaller, one- to two-
day projects have been initiated in several departments.
Lean, however, is not just about the projects - it is about
creating a culture of curiosity in how operations can be
improved and embracing these opportunities.
To date, the Lean tools have been used to improve pro-
cesses in several operational areas including utility bill-
ing, accounts payable, procurement, engineering devel-
opment review, and planning activities. These improve-
ments resulted in a savings to the city of $613,000, in
both hard and soft costs, and more than 7,310 hours
of staff time. Perhaps more importantly, these process
improvements have allowed our staff to focus their time
on more value-added activities, which ultimately improve
service to our citizens.
Innovation Program
The City of Denton also launched the "Employee
Innovation Program" in 2014 to encourage employees
to submit ideas that could improve city operations. The
program offers incentives and recognition to encourage
staff to suggest improvements that can have a meaningful
impact on improving a program, service, and/or process
in order to create new value for the community.
During the inaugural Innovation Program, 46 ideas Were
submitted, and approximately 17o employees participated
in the discussion about improving and/or implementing the
suggested items. As a result of employee comments and
suggestions, some ideas Were removed from consideration
While others advanced in the process. The following five
ideas were implemented as part of the initial phase of the
program:
1. A discounted dependent care solution to
improve employee retention
2. An online employee forum
3. A call queue notification solution to provide
better customer service
T'XAS TOWN & CITY • 2 1 • MAY 2016
Attachment 3
4. Software to eliminate the need for multiple pass-
words to the various city technology systems
5. Alternative methods to reduce the cost of
underutilized city vehicles
The implementation of these ideas will provide substan-
tial benefits to the organization in the future.
The second round of the Innovation Program began in late
2015. To date, more than 6o ideas have been submitted
and more than 235 employees have participated, which is
a 39 percent increase in participation from the first year.
Currently, staff is in the process of examining several pos-
sible ideas for implementation including developing a map
of businesses coming soon to the community; processing
expense and travel authorizations electronically; recog-
nizing outstanding employees; and using a smart phone
application to push notifications to employees and citizens.
The city expects to make a decision on these topics in the
next several weeks, and a third round of the Innovation
Program is planned to begin at the end of this year.
Leadership Excellence and Enhancement Program
The City of Denton identified the need to create a lead-
ership development program to address a number of
impending organizational challenges related to employ-
ee retention and succession management. To address
these issues, we created the Leadership Excellence and
Enhancement Program (LEEP) in 2014, in collaboration with
the University of North Texas. The program is designed to
provide a small cross -departmental group of participants
with the opportunity to focus on select leadership com-
petencies. The purpose of this program is two -fold. First,
it offers a formal program for developing leadership and
management competencies in employees; and second,
it provides a project task group to examine specific city
issues and consider alternative and innovative ways to
solve challenges.
The program is a 12- to 18 -month commitment including
approximately 104 hours of classroom training covering the
following 13 competencies:
Project Management
Strategic Thinking
Presentation Skills
Leadership
Customer Service
Ethics and Trust
Managerial and Personal Success Skills
Implementing Organizational Change
Personal Financial Planning and Management
Innovation and Creative Thinking
Delegation and Time Management
Decision Making
Conflict Resolution and Negotiation
Participants also work in teams on projects that benefit
the city. The purpose of the project is to integrate depart-
ments and create a teamwork atmosphere so that partic-
ipants can use their skills in solving problems and issues
in the city. In the first LEEP class, participants developed
and implemented a program focused on improving the
aesthetics and image of the city through an enhanced
right-of-way maintenance initiative. Additionally, a second
team in the LEEP class created a program to improve per-
formance and succession management. These employ-
ees received input from various departments across the
organization, and presented their findings and recom-
mendations directly to the city council.
The City of Denton began the second LEEP class in late
2015. This class has made substantial progress to develop
a city -supported employee volunteer program for com-
munity organizations and a centralized records archiving
solution. It is expected that project recommendations will
be provided to the city council in early 2017.
In conclusion, the City of Denton has been successful in
creating three separate employee engagement programs
that collectively encourage employees to use creative
thinking to improve our operations. In today's challenging
economic environment, local governments frequently
ask employees to simply do more with less. However,
to do this effectively, employees must be given the
tools, opportunities, and support to improve their oper-
ations. The City of Denton has created this environment
by engaging our employees in the Lean, Innovation, and
LEEP programs.*
T'XAS TOWN & CITY • 2 2 • MAY 2016
Ni
N
U
M
oc
Z
m
�
oc
z
z
00
O�
" Q
Ni
N
000
M
DD
O
a �
PM p
r*r
�
o
U
O
O �
0
P64
lowl
41
LP -PM
li
i
u
r�
O
N
W
7�
O
4-J O
O O
c�
7� u
3�
Im
N
V
.4—j
V
E
I
-1
0 J
Im
El
M
O
tic
. rl
U
O
�
O
U
U
�
U
O
vi
O
7d
�
O
U
to
QJ
c�
7�
7�
a
¢
7d
C)
a�
El
M
�I
4�
U
U
�
-d
�
O
U
QJ
j
o
O
Ocn
U
U
p
S
75
a�
Q
cn
_o
0
o
v
O
�
U
bJJ
75
d
OO
1
o
U
4.1
0
U
U
�
E
v
u
7�
ai
a)
ci
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
Legislation Text
File #: ID 16-1060, Version: 1
Agenda Information Sheet
DEPARTMENT: Finance
ACM: Bryan Langley
Date: August 23, 2016
SUBJECT
Receive a report; hold a discussion, and give staff direction regarding the FY 2016-17 City Manager's
Proposed Budget, Capital Improvement Program, and Five -Year Financial Forecast.
BACKGROUND
The FY 2016-17 City Manager's Proposed Budget was submitted to the Council on July 29, 2016. Staff
provided the City Council with a comprehensive overview of the proposed budget at a Budget Work Session on
August 4, 2016. In addition, the City Council held work sessions on the proposed budget on August 9 and
August 16, 2016. During these meetings, the City Council asked a number of questions and requested a variety
of information concerning the proposed budget. The purpose of this agenda item is to provide the City Council
with answers to these discussions regarding the proposed budget and allow additional opportunity for questions
and dialogue. A memorandum that summarizes the questions we received at the meeting of August 16, 2016
and the responses that we have been able to compile is attached.
Below is the schedule we will follow to adopt the budget and tax rate:
August 23 1"Public Hearing on Tax Rate
September 13 2nd Public Hearing on Tax Rate
Public Hearing on Proposed Budget
September 20 City Council Adopts Budget and Tax Rate
I look forward to discussing the budget materials in detail with you. If you have any questions, or need
additional information, please let me know.
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
City of Denton Page 1 of 2 Printed on 8/19/2016
povveied by I_egivt9i IN
File #: ID 16-1060, Version: 1
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 1- Memorandum of Responses
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
City of Denton Page 2 of 2 Printed on 8/19/2016
povveied by I_egist9i I;,
VUT UN 45 �$!- % I L �Ik l
DATE: August 23, 2016
TO: Honorable Mayor and Members of the City Council
FROM: Chuck Springer, Director of Finance
SUBJECT: City Council Budget Questions and Responses
Information regarding the FY 2016-17 Proposed Budget and Five Year Forecast was presented to
the City Council on August 4th, with Council discussions on August 9 and August 16. Below is a
summary of the most recent questions and requests, from the City Council as I understand them,
and the responses compiled to date. For the items that require further research, we will provide
additional information at a future City Council meeting.
1. Please provide historical General Fund budget growth from FY 1999-2000 to present
versus population growth.
Attachment I compares the growth of the General Fund Budget versus population growth
from FY 1999-2000 to present. Information is also provided on the national core inflation
rate during this timeframe.
2. Please provide information on using $207,000 from the Downtown Denton Tax
Increment Financing Reinvestment Zone Fund for sidewalk improvements in the
downtown area.
City staff is currently scheduling a meeting of the Downtown TIRZ Board. Since a final
decision on this sidewalk funding may not be made until after the adoption of the budget, staff
recommends that funding for the $207,000 portion of sidewalk improvements be budgeted in
both the Downtown TIRZ Fund for FY 2016-17 and the General Fund for FY 2015-16. This
will give the City Council the budgetary flexibility to spend the $207,000 in sidewalk funding
from the determined source (General Fund or Downtown TIRZ).
3. Please provide information on the status of the City wide inventory of sidewalk needs,
associated funding sources and projected timelines for completion.
This information will be provided to the City Council at a subsequent City Council meeting.
4. Please provide information on a comprehensive review of the Airport Enterprise Fund
and the long term financial projection.
This information will be provided to the City Council at a subsequent City Council meeting.
Attachment I - General Fund Budget Growth Comparison
Fiscal Year
General Fund
Budget
Percent
Change
Calendar
Year
Population
Percent
Change
Core CPI
Index
Percent
Change
FY 1999-00
46,129,606
2000
80,537
181.30
FY2000-01
52,592,810
14.0%
2001
87,227
8.3%
186.10
2.6%
FY2001-02
58,900,453
12.0%
2002
89,796
2.9%
190.50
2.4%
FY2002-03
61,914,053
5.1%
2003
93,206
3.8%
193.20
1.4%
FY2003-04
64,179,252
3.7%
2004
96,616
3.7%
196.60
1.8%
FY2004-05
69,505,208
8.3%
2005
100,026
3.5%
200.90
2.2%
FY2005-06
69,921,911
0.6%
2006
103,436
3.4%
205.90
2.5%
FY2006-07
76,899,196
10.0%
2007
106,843
3.3%
210.73
2.3%
FY2007-08
82,766,764
7.6%
2008
108,980
2.0%
215.57
2.3%
FY2008-09
89,325,746
7.9%
2009
111,160
2.0%
219.24
1.7%
FY2009-1 0
91,239,904
2.1%
2010
113,383
2.0%
221.34
1.0%
FY2010-11
90,016,715
-1.3%
2011
114,517
1.0%
225.01
1.7%
FY2011-12
88,462,750
-1.7%
2012
115,662
1.0%
229.76
2.1%
FY2012-13
94,320,286
6.6%
2013
117,397
1.5%
233.81
1.8%
FY2013-14
99,035,260
5.0%
2014
119,158
1.5%
237.90
1.7%
FY2014-15
103,612,156
4.6%
2015
120,945
1.5%
242.25
1.8%
FY2015-16
108,594,365
4.8%
2016
122,759
1.5%
FY2016-17*
114,503,492
5.4%
*Proposed
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
DEN, `
ON
File #: ID 16-1102, 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 annexation, extension/renewal of non -annexation agreement, or pre -annexation
development agreement for Creekside (Ryan Ranch) development, and to provide the City Attorneys with
direction, where a public discussion of these legal matters would clearly 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.
City of Denton Page 1 of 1 Printed on 8/19/2016
povveied by I_egivt9i IN
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
DEN, `
ON
Legislation Text
File #: ID 16-1009, Version: 1
Agenda Information Sheet
SUBJECT
Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code
Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Receive a presentation from staff regarding public power competitive and financial matters related to the City's
participation in, and the overall operational and financial aspects of, the Texas Municipal Power Agency;
discuss and deliberate strategies regarding same; discuss, deliberate and provide staff with direction.
Consultation, discussion, deliberation, and receipt of information from the City's attorneys involving legal
matters relating to public power competitive and financial matters related to the City's participation in, and the
overall operational and financial aspects of, the Texas Municipal Power Agency, and to provide the City
Attorneys with direction, where a public discussion of these legal matters would clearly 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.
City of Denton Page 1 of 1 Printed on 8/19/2016
povveied by I_egivt9i IN
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
DEN, `
ON
Legislation Text
File #: ID 16-938, Version: 1
Agenda Information Sheet
SUBJECT
Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with
Attorneys - Under Texas Government Code Section 551.071.
Receive information from staff and discuss, deliberate, and provide staff with direction regarding the potential
acquisition of real property interests generally located northwest of N. Loop 288 and west of N. Locust St. in
the City of Denton, Denton County, Texas; discussions had, deliberation, and direction given, by the Denton
City Council in an open meeting would have a detrimental effect on the position of the governmental body in
negotiations with a third party. Consultation with the City's attorneys regarding legal issues associated with the
acquisition of the real property interests described above; discussion of these legal matters in an open meeting
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. [Long Road Substation]
City of Denton Page 1 of 1 Printed on 8/19/2016
povveied by I_egivt9i IN
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
DEN, `
ON
Legislation Text
File #: ID 16-1028, Version: 1
Agenda Information Sheet
SUBJECT
Deliberations regarding Real Property - Under Texas Govermnent Code Section 551.072; Consultation with Attorneys - Under Texas
Government Code Section 551.071.
Receive infornation from staff and discuss, deliberate, and provide staff with direction regarding the potential acquisition of real
property interests located adjacent to Hickory Substation then generally South of W. Hickory Street and East of S. Bonnie Brae Street,
and terminating at the Northwest corner of the UNT Campus on Stella Street in the City of Denton, Denton County, Texas; for the
construction, expansion and use of electric power transmission lines; where discussions had, deliberation, and direction given, by the
Denton City Council in an open meeting would have a detrimental effect on the position of the governmental body in negotiations
with a third party. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property
interests described above; discussion of these legal matters in an open meeting 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. [Hickory Substation area
and TM Lines to the UNT Campus]
City of Denton Page 1 of 1 Printed on 8/19/2016
povveied by I_egivt9i IN
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
DEN, `
ON
File #: ID 16-1027, Version: 1
Legislation Text
Agenda Information Sheet
SUBJECT
Deliberations regarding Real Property - Under Texas Govermnent Code Section 551.072; Consultation with Attorneys - Under Texas
Government Code Section 551.071.
Receive information from staff and discuss, deliberate, and provide staff with direction regarding the potential acquisition of real
property interests located on the southeastern corner of West Eagle Drive and Bernard Street. City of Denton, Denton County;
discussions had, deliberation, and direction given, by the Denton City Council in an open meeting would have a detrimental effect on
the position of the governmental body in negotiations with a third party. Consultation with the City's attorneys regarding legal issues
associated with the acquisition of the real property interests described above; discussion of these legal matters in an open meeting
would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative
proceeding or potential litigation. [Eagle Substation]
City of Denton Page 1 of 1 Printed on 8/19/2016
povveied by I_egivt9i IN
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
DEN, `
ON
Legislation Text
File #: ID 16-1096, Version: 1
Agenda Information Sheet
SUBJECT
Deliberations regarding Real Property - Under Texas Government Code Section 511.072; Consultation with
Attorneys - Under Texas Government Code Section 551.071.
Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential
acquisition of real property interests generally located in (i) the Gibson Myers Survey, Abstract No. 843, the
Johnson, Green, Myers, and Brummell Survey, Abstract No. 1699, the Moses H. Davis Survey, Abstract No.
377, and the William Wilburn Survey, Abstract No. 1419, City of Denton, Denton County, Texas, for the
possible construction of an electric generation facility, and (ii) the William Wilburn Survey, Abstract No. 1419,
City of Denton, Denton County, Texas, for the West Parallel Runway Project for Denton Enterprise Airport
where deliberation of the potential acquisition of these real property interests in an open meeting would have a
detrimental effect on the position of a governmental body in negotiations with a third party. Consultation with
the City's attorney's regarding legal issues associated with the acquisition of the real property interests
described above where a public discussion of these legal matters would conflict with the duty of the City's
attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative
proceeding or potential litigation.
City of Denton Page 1 of 1 Printed on 8/19/2016
povveied by I_egivt9i IN
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
DEN, `
ON
File #: ID 16-1056, Version: 1
Legislation Text
Agenda Information Sheet
SUBJECT
Certain Public Power Utilities: Competitive Matters --- Under Texas Government Code, Section 551.086.
Receive competitive public power competitive information and financial information from staff regarding the
proposed FY 2016-2017 operating budget for Denton Municipal Electric ("DME") including without
limitation, proposed rates for DME for FY 2016-2017, expected revenues, expenses, commodity volumes, and
financial commitments of DME; discuss, deliberate and provide staff with direction.
City of Denton Page 1 of 1 Printed on 8/19/2016
povveied by I_egivt9i IN
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
DEN, `
ON
File #: ID 16-1105, Version: 1
Legislation Text
Agenda Information Sheet
SUBJECT
Consultation with Attorneys - Under Texas Government Code Section 551.071.
Receive information from the City's attorneys and discuss costs, status, strategy, and potential resolution of the
City of Denton v. 551 Mayhill Joint Venture, et al. pending in the Probate Court, Denton County, Texas related
to the Mayhill Road Widening and Relocation Project.
City of Denton Page 1 of 1 Printed on 8/19/2016
povveied by I_egivt9i IN
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
File #: ID 16-957, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Denton Municipal Electric
CM/ ACM: Howard Martin
Date: August 23, 2016
SUBJECT
Consider approval of a resolution by the City Council for the construction, expansion, and use of an electric
power transmission /distribution substation located at the southeastern corner of West Eagle Drive and Bernard
Street, in the City of Denton, Denton County Texas, as part of Denton Municipal Electric's service territory.
[Eagle Substation]
BACKGROUND
The Denton Municipal Electric (DME) Capital Improvement Plan includes a project to reconstruct its electric
transmission system. Its current capacity is inadequate for expected future load. The need for a substation in
the vicinity of the UNT campus has been identified and shared with the community.
DME held two open houses to inform the community regarding the siting of the proposed substation sites and
received feedback. The first meeting was held at the City of Denton Civic Center on the evening of May 20,
2015. The second meeting was held on July 23, 2015 at Calhoun Middle School in Denton, TX.
A public hearing was held by the City Council on October 20, 2015 where input from members of the public
was heard. The Council directed at that meeting that the "Blue" option be removed from future consideration.
Another presentation was made in closed session to the Public Utility Board on July 11, 2016 and to the City
Council in closed session on July 19, 2016 which concluded that the Orange option with GIS equipment was
the preferred location and configuration.
OPTIONS
1. Adopt a resolution to select the "Orange Option" site
2. Do not approve the site option and direct that other actions be taken.
Table discussion and postpone it for another meeting.
RECOMMENDATION
In light of information received during the open house meetings, and in the PUB's public hearing, DME
recommends that the City Council approve the Orange option (Exhibit 4).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Public Utility Board met on October 12, 2015 and convened a Public Hearing regarding the site selection
City of Denton Page 1 of 2 Printed on 8/19/2016
povveied by I_egivt9i IN
File #: ID 16-957, Version: 1
above. Staff presented and the PUB considered the `Yellow', `Orange', `Green' and `Blue' site options
contained in Exhibit 4. By a vote of 6-1, the PUB recommended that the City Council approve the 911 Bernard
St. (a/k/a `Green') site option. On October 20, 2015 the City Council directed that the "Blue" option be
eliminated leaving a future decision between the `Yellow', `Orange' and "Green' options. On July 11, 2016 the
PUB recommended the City Council select the Orange Option. On July 19, 2016, the City Council decided on
the Orange Option with GIS equipment.
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. Project Information
2. System Map
3. Location Map
4. Site Options Map
5. Resolution
Respectfully submitted:
Phil Williams
General Manager
Prepared by:
Elizabeth Bell
Denton Municipal Electric
City of Denton Page 2 of 2 Printed on 8/19/2016
povveied by I_egist9i I;,
Energzwgtarrrr fow'.rcommuniytonal"!
Project Information
Eagle Substation
Description of the Proiect
Denton Municipal Electric
City of Denton
1659 Spencer Road
Denton, TX 76205
July 16, 2014
Denton Municipal Electric (DME) has identified several projects within the DME system that are critical
to maintaining reliability and allowing Denton to continue to grow. Construction of the Eagle Substation
is one project that is necessary. Information on the project is presented herein (see attached map for
project location). The project will consist of the following:
➢ Construction of a new substation.
➢ Rerouting of transmission and distribution
lines into the new substation.
The construction of the Eagle Substation will require a
minimum of 1.9 acres to accommodate the 138 kV system
equipment. Additional acreage could allow for future site
upgrades and allow for larger setbacks and landscape
buffers. Several alternatives have been considered as
possible locations for construction of the Eagle
Substation. A map is attached that shows the location
options that are being considered. All facilities will be
owned and operated by DME.
Why is the Proiect needed?
This new substation is needed to provide load serving capability in the central area of DME's service
territory. There is not adequate substation capacity in existing substations to provide the level of reliable
service to this area. The proposed new Eagle Substation is required to provide additional capacity that
could support loss of maj or circuits or loss of a transformer in either the Hickory Substation or Locust
Substation. Load has grown in this area of the city to a,point where long term loss of a transformer or
major circuit in either of these two area substations could result in a'situation where maintaining power to
all customers would be challenging. With a three to five year time frame for getting a new substation on
line, DME must be proactive in construction of a new substation in advance of a significant power loss
event.
The location options that have been identified for the Eagle Substation will address the need for additional
power delivery capacity, and will provide a good location for new distribution circuits to originate. The
site options can beneficially serve in all directions from these locations.
Project Information
Eagle Substation Construction Project
July 16, 2015
This new station will provide backup to the Hickory and Locust substations. A map is attached that
shows the location of these existing substations and the areas that DME is authorized to provide service
by the Public Utility Commission of Texas.
The location options that have been identified for this new station were chosen in part because there is an
existing transmission line available in the immediate vicinity making it unnecessary to construct
additional transmission lines.
State and federal laws mandate specific and well defined
"performance requirements for utility systems. DME must
comply with these requirements not only to ensure regulatory
compliance, but more importantly, to maintain the best
reliability of electric service to our customers.
Annual studies are completed to determine whether or not
each transmission line segment and substation provide the
performance needed. If performance deficiencies are
identified, projects must be defined and constructed that
resolve the deficit. In determining a solution for a deficiency,
alternatives are considered that take into account benefits,
impacts, and costs.
Proiect Location
DME has investigated this area for potential locations for
the Eagle Substation. The proposed locations were chosen
due to them being adjacent to an existing transmission
line. Any possible sites to the east and south are not
viable due to the close proximity to the Locust Substation.
Sites to the north conflict with the University of North
Texas Denton Campus 2005 Master Plan which was
approved by the UNT Board of Regents and updated in
2013. Sites to the west would involve routing
transmission line segments through neighborhoods and
would impact a greater number of homes and citizens.
The Site Selection Process
The analysis phase of project development only identifies
that a project is needed, what the project should
accomplish, and a potential area for the needed project.It
does not mandate the use of a specific site. The site
selection process, which includes requesting public input,
is employed to determine the location for the new L,cah,n i
uoxioivei UNI Subma on --
substation. The option sites have been identified for the E [ E c t R I C Proposed Lo -tion DENTON
substation and are depicted on the attached map. This
open house is intended to communicate the need for the project and to provide an opportunity for
individuals to learn about the project and make comments. Potentially affected land owners and those
within 500 feet of the sites have been notified by mail of the project and the public open house.
The City Council has approved the substation site selection process. This process presents the public with
several opportunities to provide input. The first step is for DME to conduct an open house where
2
Project Information July 16, 2015
Eagle Substation Construction Project
information is made available on the proposed project, questions may be asked, recommendations can be
made, and written or verbal comments may be provided. Interested individuals may also contact DME at
any time. Contact information for DME is provided below and on the comment form handed out at the
open house. After all comments received at the open house for a project are compiled, DME will
consider all comments, complete additional reviews as appropriate, and will provide a recommendation to
the Public Utilities Board (PUB). During its consideration of DME's proposal, the PUB will conduct a
public hearing and direct DME to take additional actions or recommend a site for consideration by the
City Council. During its consideration of the PUB's findings, the City Council will again conduct a
public hearing to receive comments from interested residents. Ultimately, the City Council will select the
site for the Eagle Substation.
DME will provide notice by mail for the open house and for the PUB and City Council public hearings
DME's contact for questions: Brian Daskam
Energy Services Development Officer
Phone: (940) 349-7567
Email: Brian.Daskamkcitvofdenton.com
Please visit the project website for additional information, updated project information, and an
online comment form http://www.cityofdenton.com/departments-services/departments-a-f/denton-
nicipal-electric/projects/eagle-su station.
Timeline for the Proposed Substation Relocation
Following approval by the City Council of the proposed site, DME will undertake procurement of land
for the proposed site. The time required for purchase of the land is unknown at this time. Design of the
station will begin as soon as practical after it appears that land issues will be settled. DME would hope to
have the new station in service 2 years after the site is selected by City Council and the land is acquired.
Procurement of Land and Easements
Land and easement procurement processes are governed by state laws and local ordinances such as Senate
Bill 18. Once the City Council has approved the transmission line route and substation sites, the
procurement process will follow these requirements. The City will pay fair market prices for land and
land rights. Fair market value is determined by conducting market studies and appraisals.
Attachment: Location Map
N
O`
••1_Ia � N GD N N U � N N � O
m � a
J CS i. � .�. o � 0. EC i. � v ❑ � � L m N i � � ^ b
•I_I a h Vi ' G u 'C ❑ G ti Vi p � R O L H .-. R N Q r3] � � d��D
•ii .°. V] .c ❑ R, o +. � ❑ .Y�. � � a o a a E :e � � N +, a u- W W
m
a+ 6� h y 0. R. z d h C d s., ❑ � v N � a> c o
OFy •.:° FC c c :�„ O o a o o �7 v % O •� .�R. '�
O� L 0. � cv ✓ cn � «9 .. � i 0. = o, ea � � 3 p o � -a c v m ;� � ;�
cc
m
A
� � G O ~ �Cra V c5 C y � O ❑ 'p 'a � GD ^ i v " v �J � W r�i
ZZ v
W
L L ❑
O � O
Q � ❑
O
c
o a ❑ ❑ � V O
m W0 000
® L
cL ❑
❑ v o
v
ern❑ � am y" � �»
O C
� G L
L
❑ M ®.c
a ®A
i L
N L ❑ ❑ m»0m®
.Yo
a
a�
N------------
E ❑ ®®A
w
® � A
®
® �❑ J J
® X p Y M C
m- ❑ c Y
° 0 0 0 H
L R
3 �t
Legend
Exhibit 3
w;
8 c�ok #,-[f s Location Map Eagle Substation Proposed
�.P- Sites
€
Collins St. / Bernard St
<
g' Eagle Dr. / Bernard St. East
;� -..,
Uj rw Egal'[ �i USI
P ,aaK 911 Bernard St.
UY P i S I, ;
Oil* tx
Denton Eagle Dr. / Bernard St. GIS
W Oa k 5 1, 4, St Transmission Overhead Line
Vag,,
x 69kV
02Mulberry �^� t
P, f W
1
" ire. as
7
y
iD
FName, 5
t €x=rg uI
W Me,,,jh it€rl � t
fin
5;67
r
��
141
�
r .
71 ew,
a `,
,
,„ta Gal .q=,
w,
�wr'E,4��a
taw oo il,' '€ � a .
S Vii; ,.`'sir
VrwieC0-w wc` c,t"A Sx;
a
Dudley &I
5 ` [ stia4
pcvvirl
.M
lr,„� €°r�
APB+,�
r,
4
E
a�.eliw -iDr
mit iorf sP
I r �'d ,asilt Awa
I' al 1,
17
P
u
114
H 0 b,a+o L K0
�a
�� ar
*'
414
t rf u> Gn
k�' ” UL .. �.
w 61,
N
Eagle Substation W g
E L E C aT'li la C s
W I3 4,J'>} i#tit iy
VN H
p, 41l
r}
ZiR4 c�
�..•f:�flEMmoik"
_
l S 1)t P
f �
N
RNTO N Eagle Substation
M°N 9 C I P` Proposed Sites
s
z
7� ij
a
N
RNTO N Eagle Substation
M°N 9 C I P` Proposed Sites
s
S:\Legal\Our Documents\Resolutions\16\Eagle Substation Resolution - FINAL.docx
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
REGARDING THE PROPOSED SITE FOR THE CONSTRUCTION, EXPANSION AND USE
OF AN ELECTRIC POWER TRANSMISSION/DISTRIBUTION SUBSTATION LOCATED
AT THE SOUTHEASTERN CORNER OF WEST EAGLE DRIVE AND BERNARD STREET,
IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND PART OF DENTON
MUNICIPAL ELECTRIC'S SERVICE TERRITORY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Denton Municipal Electric ("DME"), the City of Denton's electric
department, has previously announced that in order to serve future load and needs of its customers
the necessity exists for the construction, expansion and use of a substation, the Eagle Substation,
in the general area of the southeastern corner of W. Eagle Dr. and Bernard St, in the City of Denton,
Denton County, Texas (also referred to below as the "Orange Site"), and the same being located
in the certificated service territory of DME; and
WHEREAS, DME has diligently examined a number of possible locations in the southwest
central part of the City, in order to determine an appropriate site for the construction, expansion
and use of the substation; and it has considered the impact on homeowners, any displacement of
residents, the cost of easements, transmission and distribution line construction costs, engineering
factors, and other relevant factors to the extent reasonably possible; and
WHEREAS, DME staff then conducted two open houses (May 20, 2015 and July 23,
2015), with advanced notices being mailed to landowners who own property within five -hundred
(500) feet of the potential substation sites, in order to inform the public regarding the sites for the
proposed construction, expansion and use of the Eagle Substation, and receive public input on the
same; and
WHEREAS, the PUB, after considering any and all public comment and the
recommendations of DME staff, recommended to City Council by a vote of 6-1 that the "Orange
Site", be selected as the site for the location and construction of the Eagle Substation; and
WHEREAS, after the open houses, the City Council, during a regularly scheduled open
meeting, on October 20, 2015, held a public hearing to allow further public input before making a
recommendation to the City Council for the construction of the Eagle Substation; and
WHEREAS, the City Council, after considering all of the facts, circumstances and the
recommendation of the PUB, is of the opinion, and the City Council finds, that the "Orange Site",
located in the general area of the southeastern corner of W. Eagle Dr. and Bernard St, in the City
of Denton, Denton County, Texas, is a feasible site option for the location and construction of the
Eagle Substation; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON RESOLVES:
SECTION 1. The City Council approves the "Orange Site", located in the general area of
the southeastern corner of W. Eagle Dr. and Bernard St, in the City of Denton, Denton County,
Texas, and depicted on the attached site map marked as Exhibit "I ", as the site for the location and
construction of Denton Municipal Electric's Eagle Substation and accordingly directs DME to
acquire the property rights to the site so designated, in substantial compliance with what is depicted
on the attached map.
SECTION 2. The recitals set forth in the preamble to this resolution are incorporated in,
and are made a part of this resolution for all purposes.
SECTION 3. This resolution shall take effect immediately from and after its adoption.
PASSED AND APPROVED this the day of , 2016.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I3y:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
N
UN Eagle Substation
w
CTON r s iter
LT 1 S
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
File #: ID 16-984, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Development Services/Economic Development Division
CM/ ACM: Jon Fortune
Date: August 23, 2016
SUBJECT
Consider adoption of an ordinance approving an amendment to Ordinance No. 2015-074, relating to the
Economic Development Partnership Board ("the Board") to add to the membership of the Board and to revise
Sec. 2-251 C-1; repealing all conflicting ordinances and portions thereof, and providing an effective date.
BACKGROUND
An act of the 27th Legislature in 1901 founded the Girls Industrial College as a public institution that would
become Texas Woman's University in 1957. The school had then and has now a dual mission: to provide a
liberal education and to prepare young women "for the practical industries of the age" with a specialized
education. Men have been admitted to TWU since 1972.
Today, with an enrollment of approximately 15,000 students, Texas Woman's University is the nation's largest
university primarily for women. It has an annual operating budget that exceeds $256 million and has an annual
economic impact in the North Texas region of more than $721 million.
TWU offers degree programs in the liberal arts, nursing, health sciences, the sciences, business and education.
Its campuses in Denton, Dallas and Houston are joined by an e -learning campus offering innovative online
degree programs in business, education and general studies. TWU serves the citizens of Texas in many ways,
including:
• Graduating more new health care professionals than any other university in Texas
Easing the teacher shortage by placing highly qualified professionals in the classroom
Conducting research that impacts the prevention and treatment of childhood obesity, osteoporosis,
stroke and diabetes.
Carine M. Feyten became the eleventh president and second chancellor of TWU in July 2014. Dr. Feyten
already has had a significant impact on the university during her tenure, including developing relationships with
the business community in Denton and beyond. In order to further develop those relationships and to facilitate
the continued contributions of TWU to Denton's economy and economic development efforts, the City of
Denton proposes the addition of a seat on the Economic Development Partnership Board for a TWU
representative. This seat would be filled by Dr. Feyten or her designee, and would be added under the same
terms as the seat filled by the University of North Texas' president or his/her designee.
City of Denton Page 1 of 2 Printed on 8/19/2016
povveied by I_egivt9i IN
File M ID 16-984, Version: 1
This change in the EDP Board's composition requires the Board' recommendation of the additional seat to the
City Council and then the Council's adoption of an ordinance amending the current Board structure.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
August 16, 2016 - A work session on the EDP Board's composition and terms of service was presented to
Council.
July 13, 2016 - The Economic Development Partnership Board unanimously recommended the addition of the
TWU seat.
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: Economic Development
Related Goal: 3.1 Develop targeted policies and incentives to achieve desired economic
growth
EXHIBITS
Exhibit 1 - Draft amendment to Ordinance
Respectfully submitted:
Aimee Bissett
Director of Development Services
Prepared by:
Caroline Booth
Assistant Director for Economic Development
City of Denton Page 2 of 2 Printed on 8/19/2016
povveied by I_egist9i I;,
s:Alegal\our documents\ordinances\16\edpb twu seat ordinance.docx
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2003-258, AS AMENDED BY
ORDINANCE NO. 2011-042, ORDINANCE NO. 2014-009, AND ORDINANCE NO.
2015-074 RELATING TO THE ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
("THE BOARD") TO ADD TO THE MEMBERSHIP OF THE BOARD; REPEALING ALL
CONFLICTING ORDINANCES AND PORTIONS THEREOF; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas, recognizes the contributions
of Texas Woman's University to the economy of the City of Denton and values Texas Woman's
University's role in the continued growth and development of higher education and business in the
City of Denton, it is in the public interest to modify the membership of the Economic
Development Partnership Board to include participation of Texas Woman's University; and
WHEREAS, the Economic Development Partnership Board has a proven track record of
effectiveness in the City of Denton with regard to reviewing and making recommendations to the
City Council concerning economic development within the community; and
WHEREAS, the Economic Development Partnership Board has proven particularly adept in
the recruitment of business and development in the community; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Article IX. Sec. 2-251 of Ordinance No. 2003-258 is hereby amended as
follows:
ARTICLE IX. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
Sec. 2-251. Creation, Members, Qualifications, and Tenure.
A. There is hereby created a City of Denton board entitled the Denton Economic
Development Partnership Board (the `Board"). The Board shall consist of twelve members. The
eleven board members currently serving shall serve as originally appointed. Six members shall be
appointed for a two-year term in even numbered years and six members shall be appointed for
a two-year term in the odd numbered years. The member, as described in Sec. 2-251 C (8)
below, shall be appointed to serve effective in 2016. No member shall serve more than three
consecutive terms except for the President of the University of North Texas ("UNT") and the
Chancellor and President of 'Texas Woman's University ("TWU") or his or her designee,
who may serve unlimited terms_.
B. The Board members shall be appointed by the City Council and shall serve at the City
Council's pleasure. To aid the City Council in making appointments to the Board, the City Council
will appoint two City Council members and one Denton Chamber of Commerce ("Chamber")
member to act as a nominating committee (the "Committee"). The Committee members are
qualified for appointment to the Board. The Committee will solicit nominations, contact
nominees to relate duties and responsibilities and to confirm willingness to serve. The
s:Uegakour documents\ordinances\I6\edpb twu seat ordinance.docx
Committee will solicit recommendations from the Denton Chamber Board of Directors, the
President of UNT, the Chancellor and President of TWU, and the Black and
Hispanic Chamber Boards of Directors. If any such nomination is not submitted, the Committee
will consider the racial, ethnic, and gender diversity objectives of the City Council when making
its nomination recommendations to the City Council. After evaluating the recommended
nominees the Committee will present to the City Council a slate of Board nominees for City
Council consideration.
C. Notwithstanding anything contained herein to the contrary the membership make- up of the
Board shall consist of the following
1. Two members of the Board shall be City Council members at the time of their
appointment to their original term. They may serve out all three terms, even if they are no
longer members of the City Council after the original appointment as long as they continuously
serve throughout the three terms. They must be residents of the City of Denton.
2. Two members of the Board shall be members of the Denton Chamber of Commerce
Board of Directors ("Chamber Board") at the time of their appointment to their original term.
They may serve out all three terms, even if they are no longer members of the Chamber
Board after the original appointment as long as they continuously serve throughout the three
terms. They must reside or work in the City of Denton. The Chamber Board will recommend
the two nominees for consideration by the Committee and the City Council.
3. Two members will be, or be employed by, a top twenty City of Denton ad valorem
or sales tax payer. Such members must reside or work in the City of Denton.
4. One member will be the President of UNT or a UNT faculty or staff member
designated by the President. Such member need not reside in the City of Denton and is not restricted
to the three term limits. However, such member must be appointed by the City Council for each term.
5. One member will have knowledge or experience in general aviation- related
matters and shall have no financial interest in matters at the Denton Municipal Airport. This
member must reside or work in the City of Denton.
6. One member will be a citizen of the City of Denton who, in the discretion of the
City Council, has specific knowledge skills and abilities to assist in all or any one of the functions
and responsibilities of the Economic Development Partnership Board.
7. With the intent to enhance the diversity of the Board, one nominee shall be a
representative nominated by the Black Chamber Board of Directors and one nominee shall be a .
representative nominated by the Hispanic Chamber Board of Directors. If a nomination is not made
by either of these Boards, the Committee and the City Council shall consider the racial, ethnic, and
gender diversity of the Board as well as the knowledge, skills, and abilities of the nominees to
assist in all or any one of the functions of the Economic Development Partnership Board when
making selection decisions. These members must reside or work in the City of Denton.
Page 3
s:\legal\our documents\ordinances\16\edpb twu seat ordinance.docx
8. One member will be the Chancellor and President of TWU or a TWU faculty or
staff member designated by the Chancellor and President. Such member need not reside in the City
of Denton and is not restricted to the three term limit. However, such member must be appointed
by the City Council for each term.
9. The City Manager, the President of the Chamber, and the Superintendent of the
Denton Independent School District will serve as ad hoc non-voting members of the Board.
SECTION 2. This Ordinance amends Ordinance No. 2003-258, Ordinance 2011-042,
Ordinance 2014-009, and Ordinance 2015-074 and supersedes and repeals any provision of those
ordinances, or any other, in conflict herewith.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2016.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 4
CHRIS WATTS,.MAYOR
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
Legislation Text
File #: ID 16-1095, Version: 1
DEPARTMENT:
CM/ ACM:
Date:
SUBJECT
Agenda Information Sheet
Legal
Anita Burgess, City Attorney
August 16, 2016
Consider adoption of an ordinance authorizing the City Manager to execute a Tower/Ground Lease Agreement
between the City of Denton and Denton Commercial Internet, Inc., which agreement will allow the leasing of
antenna and ground space at the McKenna Park Radio Tower for a ten (10) year term; and providing for an
effective date.
BACKGROUND
The City owns a radio tower that is located at McKenna Park. In addition to be used for City communication
needs space on the tower, and a small area near the base, has been leased to AT&T and Verizon. Denton
Commercial Internet, Inc. has approached the City to also use the tower for the location of antennas for its
business.
OPTIONS
Approve.
Deny.
RECOMMENDATION
Approval on the terms set forth in the attached Tower/Ground Lease.
Respectfully submitted:
Anita Burgess
City Attorney
Prepared by:
Stephanie Lewis
Legal Administrator
City of Denton Page 1 of 1 Printed on 8/19/2016
povveied by I_egivt9i IN
S:ILcga1l0ur Doc unrentsl0rdinances\I60enton Commercial Internet Ordinance - FINAL.docx
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR
AUTHORIZATION OF A TOWEWGROUND LEASE AGREEMENT BETWEEN THE CITY
OF DENTON, A TEXAS HOME RULE MUNICIPAL CORPORATION, AND DENTON
COMMERCIAL INTERNET, INC., A TEXAS CORPORATION FOR DENTON
COMMERCIAL INTERNET, INC.'S LEASE OF ANTENNA SPACE ON MC' iNNA PARK
RADIO TONER AND GROUND IMMEDIATELY ADJACENT TO THE TOWER; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton finds that the execution of the
attached Tower/Ground Lease Agreement is in the best interest of the City as it will allow
additional commercially available wi-fi service to areas that have limited, or no access, to internet
service.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Tower/Ground Lease Agreement, attached hereto and incorporated herein, and to carry out the
duties and responsibilities of the City under the sante.
SECTION 3. 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
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
NOTE: AGREEMENT TO BY SIGNED BY LESSEE
BEFORE CONSIDERATION BY CITY COUNCIL.
TOWER/GROUND LEASE AGREEMENT
THIS AGREEMENT, made this day of August, 2016, (the "Effective Date") by and between
the CITY OF DENTON, TEXAS, a Texas Municipal Corporation, hereinafter called "LESSOR" and Denton
Commercial Internet, Inc., a Texas corporation, located at 109 E. Oak St., Denton, Texas 76201.
WHEREAS, LESSOR is the owner of the following described real property, including the McKenna
Park Radio Tower (the "Tower") and compound, commonly known and as described in the attached
Exhibit "A", in the City of Denton, Denton County, Texas; and
WHEREAS, LESSEE desires to lease antenna space from LESSOR on said Tower and ground space
for LESSEE'S equipment building or cabinet, and all appurtenances thereto; together with access for
ingress and egress, for the purpose of installing, operating and maintaining facilities to provide
commercial mobile radio services ("CMRS"); and
NOW THEREFORE, in consideration of the covenants, conditions, agreements, and rents
hereinafter set forth, the adequacy of which is hereby acknowledged, LESSOR and LESSEE agree as follows:
1. LESSEE Riehts.
a. LESSOR hereby leases, lets and remises to LESSEE, and LESSEE takes from LESSOR,
sufficient space on LESSOR'S Tower at 115, 112, and 60 feet AGL to attach LESSEE'S microwave
dishes and access points a 2' x 3' area (approximately 6 square feet) of ground space adjacent to
said Tower for LESSEE'S equipment building or cabinet and all appurtenances thereto. LESSOR
also grants to LESSEE access for ingress and egress to and from said Tower and equipment building
or cabinet. The equipment space and ground space described above are hereinafter referred to
as the "Leased Premises", which together with the access for ingress and egress are more
particularly shown on Exhibit "B."
b. LESSEE'S antenna array, equipment cabinet, telecommunications equipment
(collectively the "CMRS facilities") and the location of these facilities, including where the antenna
array attaches upon the Tower are more particularly illustrated and defined in Exhibit "B", which
is attached hereto and made a part hereof for all purposes. LESSEE'S equipment building or
cabinet shall be installed on a slab foundation or otherwise at LESSEE'S expense. Said CMRS
equipment and equipment building or cabinet shall be owned by LESSEE and shall be removed
from the Leased Premises by LESSEE within a reasonable period following termination of this
Agreement, but in no event later than six (6) months thereafter. The equipment building or
cabinet will be placed adjacent to the Tower as described in Exhibit "B."
C. LESSOR shall grant any and all easements on the Leased Premises as may be
required by the appropriate electric, telephone, and any other utility company for the purpose of
servicing LESSEE'S CMRS facilities. LESSEE shall not use or permit the property to be used for any
purpose other than a CMRS facility. LESSOR shall allow LESSEE to install, operate, maintain,
replace and remove its CMRS facilities, and related cables, wires, conduits, antennas, air
conditioning equipment, and other appurtenances as it may from time to time require. Although
such equipment and appurtenances may become fixtures, they shall be and shall remain the
property of LESSEE, and LESSEE shall have the right to remove all of them at the expiration or
termination of this Agreement. LESSEE, at its sole expense shall promptly repair the property
Page 1 of 10 - Tower/Ground Lease Agreement (Denton Commercial Internet, Inc.)
once the fixtures are removed by LESSEE so that the property will be in substantially the same
condition that it was at the beginning of the Agreement, less reasonable wear and tear excepted.
The parties agree that the CMRS equipment and equipment cabinet shall become the property of
LESSOR if LESSEE fails to remove said CMRS equipment and equipment cabinet in accordance with
the terms of this agreement. LESSEE shall have twenty-four (24) hour, seven (7) days a week
access to the Leased Premises in order to perform its business functions.
d. LESSOR grants to LESSEE a non-exclusive right to occupy the McKenna Park Radio
Tower. This Lease in no way limits LESSOR'S ability to lease the use of the said Tower to other
entities for lawful pursuits, subject to the provisions, however, of this Agreement.
2. Survey. LESSOR hereby grants to LESSEE the right to survey the Leased Premises at
LESSEE'S sole expense. Said survey, if made, shall become Exhibit "C" to this Agreement and shall
supersede Exhibit "A" to the extent required.
3. Access. Prior to and after the Effective Date, LESSEE and its authorized agents shall have
access to the Leased Premises at such times as LESSOR and LESSEE mutually agree for the purpose of
undertaking any necessary tests, studies and inspections relating to LESSEE'S proposed use of the Leased
Premises. During the term of this Agreement, only COMTRAIN certified, and adequately insured, agents,
contractors or persons under LESSEE'S direct supervision and control will be permitted to climb the tower
structure or to install or remove LESSEE'S antennas and/or transmission lines from the Tower. LESSEE will
provide LESSOR with written documentation of both COMTRAIN certification and insurance coverage of
any and all climbers it intends to use before the same climb the Tower. LESSOR retains the right to permit
its own employees and agents and employees and agents of subsequent users of the tower structure, to
climb the Tower structure for all purposes that do not interfere with the LESSEE'S use of the Tower, and
so long as such subsequent users comply with the provisions of Paragraph 7.b. of this Agreement.
4. Term.
a. The term of this Agreement shall be ten (10) years beginning on the first (1st) day
of the calendar month (hereafter, the "Commencement Date") following the earlier to occur of:
(i) the issuance of all necessary City building permits or (ii) the commencement of LESSEE'S
construction at the Leased Premises. Rent shall be paid in equal monthly installments, in advance,
to LESSOR or to such other person, firm or place as LESSOR may from time to time so designate
in writing at least thirty (30) days in advance of any rental payment date.
i. The first year's rental shall be $8,064.00, payable to LESSOR by LESSEE in
equal monthly installments of $672.00 per month.
ii. The rent shall be payable in advance, on an equal monthly installment
basis, on the 1st day of each month throughout the term hereof.
iii. On each annual anniversary of the Commencement Date of the
Agreement, the rent in Paragraph 4.a.1. above shall be automatically increased by a rate
of 3% per annum over the immediately preceding year's rental. By way of illustration,
this provision, for the primary ten (10) year term of the Agreement, provides for ten (10)
separate rate increases.
Page 2 of 10 - Tower/Ground Lease Agreement (Denton Commercial Internet, Inc.)
b. If, at the end of ten (10) years, this Agreement has not been terminated by either
party giving to the other written notice of an intention to so terminate it at least nine (9) months
prior to the end of such ten (10) year term, and the Agreement is not then in default, then LESSOR
grants to LESSEE an option to continue the Agreement for a five (5) year renewal term under the
same covenants, terms, and conditions, SAVE AND EXCEPT that the subject of rental payments
due under said five (5) year option shall be negotiable by LESSOR and LESSEE (based on then -
current fair market rental rates for comparable CMRS facility sites).
C. If, at the expiration of the first five (5) year renewal term provided for in
paragraph 4.b. hereinabove, the Agreement is net then in default, then LESSOR grants to LESSEE
a second, and final option to continue the Agreement for a second five (5) year renewal term
under the same covenants, terms, and conditions, SAVE AND EXCEPT that the subject of rental
payments due under the said second five (5) year option shall be negotiable by LESSOR and LESSEE
(based on then -current fair market rental rates for comparable CMRS facility sites).
d. LESSOR and LESSEE agree that both the first five (5) year term option and the
second five (5) year term option, if exercised, shall be negotiated as well as documented and
executed no later than thirty (30) days prior to the expiration of the previous term.
e. PROVIDED HOWEVER, if LESSEE is not in default hereunder and shall have paid all
rents and sums due and payable to LESSOR by LESSEE as required herein, LESSEE shall have the
right to terminate this Agreement at any time following the expiration of three (3) years from the
Effective Date hereof, with six (6) months prior written notice to LESSOR, without further
obligation hereunder. Notwithstanding the preceding sentence, LESSEE shall have the right to
terminate this Agreement upon thirty (30) days prior written notice if: (i) environmental
contamination not caused by LESSEE is found on the Leased Premises or (ii) before issuance of all
necessary Governmental Approvals.
5. Contingencies.
a. It is understood and agreed that LESSEE'S ability to use the Leased Premises is
contingent upon its obtaining, either before or after the Effective Date of this Agreement, all of
the certificates, permits, and other approvals that may be required by any federal, state or local
authorities ("Government Approvals") as well as satisfactory soil boring tests, tower load studies,
title review, and/or environmental studies that LESSEE, in its sole discretion, deems necessary
("Initial Tests"). LESSEE shall make due and timely application for all such necessary Government
Approvals, which LESSEE shall obtain at its sole expense. LESSEE shall be allowed to place on the
Leased Premises all signs required by federal, state, or local law.
b. LESSOR shall cooperate with LESSEE in its effort to obtain all Government
Approvals and perform Initial Tests. LESSEE shall have the right to terminate this Agreement
immediately if (i) any application for Governmental Approval is finally rejected; (ii) LESSEE, in its
sole discretion, believes such application or obtaining any Governmental Approvals will be too
costly, time consuming or there is reasonable likelihood that said application will be rejected; (iii)
any Governmental Approval issued to LESSEE is cancelled or otherwise withdrawn or terminated
by governmental authority; or (iv) in LESSEE'S reasonable opinion the results of any Initial Tests
are unsatisfactory. Notice of said termination shall be given to LESSOR in writing by certified mail,
Page 3 of 10 - Tower/Ground Lease Agreement (Denton Commercial Internet, Inc.)
return receipt requested, at the address shown herein. All rentals paid forth lease of the Leased
Premises through said termination date shall be retained by the LESSOR; and LESSEE shall pay
LESSOR for any costs expended by LESSOR in preparing the Leased Premises for the location of
LESSEE'S equipment. Upon such termination, this Agreement shall become null and void, and the
parties shall have no further obligations, including the payment of money, to each other.
6. LESSEE Covenants. LESSEE covenants and agrees that LESSEE'S equipment, its
installation, operation and maintenance will:
a. Not interfere with the operation of existing radio equipment at the Leased
Premises. In the event there is harmful interference to said electronic equipment, LESSEE will
promptly take all steps necessary to identify the problem, and, if caused by LESSEE'S equipment,
take all reasonable steps to eliminate said harmful interference within seven (7) days after notice
is received from LESSOR to LESSEE advising of the interference. If said interference cannot be
eliminated within fifteen (15) days after receipt of notice thereof, LESSEE agrees to immediately
suspend operations (transmissions) at the Leased Premises while the interference problems are
studied and a means found to mitigate them. If said interference cannot be eliminated, then
LESSEE shall remove its building and equipment from LESSOR'S property and this Agreement shall
hereupon be terminated.
b. Comply with all applicable rules and regulations of the Federal Communications
Commission ("FCC"), and electrical codes of the City and/or State. Under this Agreement, LESSOR
assumes no responsibility for the licensing, operation and/or maintenance of LESSEE'S CMRS
facilities and appurtenances. If the addition of LESSEE'S equipment on the Leased Premises
requires an increase in the current height of the Tower or a change in the location of the Tower
on the Leased Premises, LESSEE shall not install its equipment or increase the height of the Tower
until obtaining clearance from LESSOR so that LESSEE may comply with all FCC and/or Federal
Aviation Administration ("FAA") rules regarding Tower height and location.
7. LESSOR Covenants. LESSOR covenants that:
a. LESSOR is seized of good and sufficient title and interest to the Leased Premises
and has full authority to enter into and perform this Agreement.
b. LESSOR shall cause all subsequent users of the Tower to coordinate with LESSEE
prior to placing any equipment on the Tower to ensure that their frequencies and antenna
locations will be compatible with LESSEE'S and to agree to a clause similar to that agreed to by
LESSEE in Paragraph 6.a., above and promising to immediately eliminate harmful interference if
said user's radio equipment should interfere with that of LESSEE.
C. LESSEE will enjoy undisturbed possession of the Leased Premises as provided in
Paragraph 16.a.
8. Indemnification.
a. THE LESSEE SHALL DEFEND (AT THE OPTION OF THE LESSOR), INDEMNIFY, AND
HOLD THE LESSOR, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS
HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF,
Page 4 of 10 - Tower/Ground Lease Agreement (Denton Commercial Internet, Inc.)
INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE LESSEE, OR THE LESSEE'S
AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE LESSEE'S
OBLIGATIONS UNDER THIS AGREEMENT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE
RIGHTS OF THE LESSOR OR THE LESSEE (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK
CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED
CLAIM.
b. "Indemnified Claims" shall include any and all claims, demands, suits, causes of
action, judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute: resolution mechanism,
including attorney and other professional fees for: (1) damage to or loss of the property of any
person (including, but not limited to the LESSOR, the LESSEE, their respective agents, officers,
employees and subcontractors; the officers, agents, and employees of such subcontractors; and
third parties); (2) violation of Environmental Regulations as defined in Paragraph 9.b. below;
and/or (3) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of
income or wages to any person (including but not limited to the agents, officers and employees
of the LESSOR, the LESSEE, the LESSEE's subcontractors, and third parties).
C. "Fault" shall include, but not be limited to, negligence, willful misconduct or a
breach of any legally imposed strict liability standard.
9. Environmental Issues.
a. LESSEE represents, warrants, and covenants to LESSOR that LESSEE shall at no
time during the term of this Agreement use or permit the Leased Premises to be used in violation
of any Environmental Regulations. LESSEE will not exercise any control over environmental
conditions or any activities, other than those conducted by LESSEE under this Agreement, at or
near the Leased Premises that involve the generation, storage, treatment, or disposal of any
hazardous substance, material, chemical, or waste. LESSEE and LESSOR also agree that LESSEE'S
use of the Leased Premises will not involve the subsurface, except for the placement of a
foundation for LESSEE'S equipment and facilities.
b. For the purposes of this clause, the term "Environmental Regulations" shall mean
any law, statute, regulation, order or rule now or hereafter promulgated by any Governmental
Authority, having jurisdiction, whether local, state or federal, relating to air pollution, water
pollution, noise control and/or transporting, storing, handling, discharge, disposal or recovery of
on-site or off-site hazardous substances or materials, as same may be amended from time to time,
including without limitation the following: (i) the Clean Air Act (42 U.S.C. § 7401 et seq.); (ii)
Marine Protection, Research and Sanctuaries Act (33 U.S.C. § 1401-1445); (iii) the Clean Water
Act (33 U.S.C. § 1251 et seq.); (iv) Resource Conservation and Recovery Act, as amended by the
Hazardous and Solid Waste Amendments of 1984 (42 U.S.C. § 6901 et seq.); (v) Comprehensive
Environmental Response Compensation and Liability Act, as amended by the Superfund
Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9601 et seq.); (vi) Toxic Substances
Control Act (15 U.S.C. § 2601 et seq.) ; (vii) the Federal Insecticide, Fungicide and Rodenticide Act
as amended (7 U.S.C. § 135 et seq.); (viii) the Safe Drinking Water Act (42 U.S.C. § 300 (f) et seq.);
(ix) Occupational Health and Safety Act (29 U.S.C. § 651 et seq.); (x) the Hazardous Liquid Pipeline
Safety Act (49 U.S.C. § 2001 et seq.); (xi) the Hazardous Materials Transportation Act (49 U.S.C. §
Page 5 of 10 - Tower/Ground Lease Agreement (Denton Commercial Internet, Inc.)
1801 et seq.); (xii) the Noise Control Act of 1972 (42 U.S.C. § 4901 et seq.); (xiii) Emergency
Planning and Community Right to Know Act (42 U.S.C. §§ 11001-11050); and (xiv) the National
Environmental Policy Act (42 U.S.C. §§ 4321-4347).
C. This Paragraph 9 shall survive the expiration or termination of this Agreement.
10. Insurance. During the term of this Agreement, LESSEE will carry commercial general
liability insurance with customary coverage and exclusions in the following amounts:
Bodily Injury - $1,000,000 for injury to any one person and $2,000,000 for all injuries sustained by
more than one person in any one occurrence.
Property Damage - $100,000 for damage as a result of any one accident.
LESSEE agrees to furnish LESSOR with certificates of insurance certifying that LESSEE has in force and effect
the above specified insurance. LESSEE further agrees to cause said policies of insurance to reflect LESSOR
as an additional insured, to the extent permitted by applicable law.
11. Taxes. LESSEE shall pay all personal property taxes levied against its CMRS facilities and
appurtenances located upon the Leased Premises before the same become delinquent.
12. Utilities. LESSEE shall have a separate power meter installed for its electric service and
LESSEE agrees to pay any and all costs related to said electric service.
13. Quiet Title. LESSOR covenants that LESSEE, on paying the rent and performing the
covenants by it herein made, shall and may peaceably and quietly have, hold and enjoy the Leased
Premises under the terms and conditions specified in this Agreement.
14. Choice of Law. This Agreement and the performance thereof shall be governed,
interpreted, construed and regulated by the laws of the State of Texas. Any litigation concerning this
Agreement shall be conducted exclusively in Denton County, Texas and the parties hereby agree to the
venue and personal jurisdiction of these courts.
15. Notices. All notices hereunder must be in writing and shall be deemed validly given if
sent by certified mail, postage prepaid, return receipt requested, addressed as shown below (or to any
other address that the party to be notified may have designed to the sender by like notice):
LESSEE:
I=9]X
General Manager
Denton Commercial Internet, Inc.
P.O. Box 177
Aubrey, Texas 76227
City Manager
City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76201
Page 6 of 10 - Tower/Ground Lease Agreement (Denton Commercial Internet, Inc.)
with a copy to:
City Attorney
City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76201
16. Non -Disturbance.
a. Subject to the other terms of this Agreement, LESSOR covenants that LESSEE
shall, and may peacefully have, hold and enjoy the Leased Premises forthe term of this Agreement
provided that LESSEE pays the rent payable to LESSOR under this Agreement and performs all of
LESSEE'S covenants and agreements herein contained. LESSOR shall take no action that will or
could adversely affect LESSEE'S use of the Leased Premises.
b. LESSOR acknowledges that the Leased Premises have little or no value to LESSEE
if LESSEE cannot use the Leased Premises as fully contemplated by LESSEE, that the Leased
Premises are unique, and that LESSEE has made or will make a large investment in the Leas -ed
Premises, and therefore, LESSOR agrees that LESSEE, in addition to the remedies set forth in
Paragraph 19, shall be entitled to injunctive relief or other equitable relief to require LESSOR to
comply with all provisions of this Agreement which may interfere in any way with LESSEE'S
contemplated use of the Leased Premises, so that LESSEE may continue with such use of the
Leased Premises as fully contemplated by LESSEE.
C. Any sale or transfer or assignment by the LESSOR of all or part of the Leased
Premises or its interest in and to this Lease Agreement, shall be under and subject to this
Agreement and LESSEE'S rights hereunder, such that LESSEE'S rights hereunder shall not be
disturbed.
17. Assignment. Upon written notification from LESSEE to LESSOR, this Agreement may be
sold, assigned, subleased, or transferred by LESSEE at any time, without the consent of LESSOR, to a
subsidiary, partner or affiliate of LESSEE; or to a successor to the primary business of LESSEE, with the
advance written notice of LESSOR, only to the extent that said successor is of equal or greater
creditworthiness than LESSEE. Any other assignment of this Agreement shall require the advance written
approval of LESSOR, such approval not to be unreasonably withheld.
18. Successors; Assigns. This Agreement shall extend to and bind the successors and assigns
of the parties hereto.
19. Default• Termination.
a. If either party breaches a provision of this Agreement, the non -breaching party
shall provide and deliver the other party written notice of the alleged breach. If the breaching
party has not cured the breach within thirty (30) days of the receipt of such notice (the "Cure
Period") or if the breach cannot be cured within the Cure Period, and the breaching party has not
performed substantial work to cure the breach within the Cure Period, the non -breaching party
may then give written notice of its intent to terminate this Agreement. Such termination shall
Page 7 of 10 - Tower/Ground Lease Agreement (Denton Commercial Internet, Inc.)
become effective ten (10) days after the breaching party's receipt of the notice of intent to
terminate letter; provided that the breaching party has not cured the breach within such
additional ten (10) day period.
b. if, at any time during the term of this Agreement, LESSEE determines, following
discussion of the subject with LESSOR, in its reasonable discretion, that due to technological
reasons, including serious signal interference, the Leased Premises is not appropriate for
providing CMRS, and a third disinterested expert party, to be selected jointly by LESSOR and
LESSEE who examines the situation is in agreement, then LESSEE may terminate this Agreement
on thirty (30) days' notice to LESSOR. LESSEE shall also have the right to terminate this Agreement
in accordance with Paragraphs 4.c. and 5.b.
20. Maintenance. LESSOR shall be responsible and liable for the maintenance of LESSOR'S
Tower in compliance with any and all applicable laws, statutes, rules and regulations, including but not
limited to, those rules and regulations, promulgated by the FCC and FAA regarding painting, marking and
lighting of LESSOR'S Tower. LESSOR shall allow LESSEE to place any sign or placard on the Leased Premises
or on the CMRS facilities and appurtenances attached thereto as required by federal, state, or local law,
at no additional expense.
21. No Representations. It is hereby mutually agreed and understood that this Agreement
contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal
or oral agreements, promises or understandings shall or will be binding upon either the LESSOR or LESSEE
in any dispute, controversy or proceeding at law, and any addition to, variation or modification of this
Agreement shall be void and ineffective unless in writing signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their hand and affixed their respective seals
on the dates and year above written.
THIS SPACE INTENTIONALLY LEFT BLANK -----
Page 8 of 10 - Tower/Ground Lease Agreement (Denton Commercial Internet, Inc.)
"LESSOR"
CITY OF DENTON, TEXAS,
a Texas home -rule municipal corporation
Howard Martin, Interim City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, on this the day of August, 2016, personally
appeared Howard Martin, Interim City Manager of the City of Denton, a Texas home rule municipal
corporation, known to me to be the person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the said City Council of the City of
Denton, Texas and that he executed the same as the act of such municipal corporation for the purposes
and consideration therein expressed, and in the capacity therein stated.
By:
Notary Public, State of Texas
Page 9 of 10 - Tower/Ground Lease Agreement (Denton Commercial Internet, Inc.)
"LESSEE"
DENTON COMMERCIAL INTERNET, INC.,
a Texas corporation
By:
Michael Wasserman, President
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
BEFORE ME, the undersigned authority, on this the day of August, 2016, personally
appeared Michael Wasserman, President, Denton Commercial Internet, Inc., a Texas corporation, known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same was the act of the Denton Commercial Internet, Inc. and for the purposes and
consideration therein expressed, and in the capacity therein stated.
0
Notary Public, State of Texas
Page 10 of 10 - Tower/Ground Lease Agreement (Denton Commercial Internet, Inc.)
EXHIBIT "A"
Legal Description
McKenna Park Communication Facility Area
owned by the City of Denton
BEING a 0.0791 Acre Tract of Land situated In the City of Denton, and being out of the ROBERT BEAUMONT
SURVEY, Abstract No. 31, Denton County, Texas. and being part of a called 18.0 acre tract of land described
to the City of Denton by a warranty deed as recorded in Volume 358. Page 559 of the Deed Records of
Denton County, Texas and being more particularly described as follows; -
COMMENCING the Southeast corner of said City of Denton tract of land now commonly known as
McKenna Park;
THENCE North with the west right of way line of Thomas Road for a distance of 459.78 feet to a corner;
THENCE East departing said west right of way line for a distance of 169.72 feet to a metal corner for the
PLACE Of BEGINNING;
THENCE North 89 degrees 08 minutes 33 seconds West for a distance of 98.47 feet to metal corner post
for corner;
THENCE North 00 degrees 51 minutes 27 seconds East for o distance of 35.00 feet for corner;
THENCE South 89 degrees 08 minutes 33 seconds East for a distance of 98.47 feet for corner;
THENCE South 00 degrees 51 minutes 27 seconds West for a distance of 35.00 feet to PLACE OF
BEGINNING and CONTAINING 3446 square feet of land or 0.0791 acre of land.
Tower Attachment Specifications
and Equipment Building or Cabinet Location
for Denton Commercial Internet, Inc.'s use
of McKenna Park Communication Facility
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
File #: ID 16-1104, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Denton Municipal Electric
CM/ ACM: Howard Martin
Date: August 23, 2016
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, a Texas Home Rule Municipal
Corporation, electing for the City to have the right to continued performance of services provided by the Texas
Municipal Power Agency, a municipal power agency, under the provision of the power sales contract, as
amended, for the useful life of the system; direction to the interim City Manager, or his designee, to provide
written notice of this election to TMPA; and, providing an effective date.
BACKGROUND
This matter will be addressed by both staff and the City's attorneys in closed session.
OPTIONS
Deny
Approve
RECOMMENDATION
Approve as presented
Respectfully submitted:
Phil Williams,
General Manager, DME
Prepared by:
Larry Collister
Deputy City Attorney
City of Denton Page 1 of 1 Printed on 8/19/2016
povveied by I_egivt9i IN
RESOLUTION NO. R2016 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, A TEXAS HOME
RULE MUNICIPAL CORPORATION, ELECTING FOR THE CITY TO HAVE THE RIGHT
TO THE CONTINUED PERFORMANCE OF SERVICES PROVIDED BY THE TEXAS
MUNICIPAL POWER AGENCY, A MUNICIPAL POWER AGENCY, UNDER THE
PROVISIONS OF THE POWER SALES CONTRACT, AS AMENDED, FOR THE USEFUL
LIFE OF THE SYSTEM; DIRECTION TO THE INTERIM CITY MANAGER, OR HIS
DESGINEE, TO PROVIDE WRITTEN NOTICE OF THIS ELECTION TO TMPA; AND,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Municipal Power Agency ( "Agency") has heretofore been created
and established as a municipal power agency by the cities of Bryan, Denton, Garland, and
Greenville, Texas (the "Member Cities"); and
WHEREAS, the Agency and Member Cities entered into a Power Sales Contract (as
amended, the "PSC") on September 1, 1976 for purposes of the Agency generating, transmitting,
and selling electric power and energy to the Member Cities, and the Member Cities purchasing
electric power and energy from the Agency;
WHEREAS, the Agency and Member Cities amended the PSC, effective September 26,
1989, November 5, 1997, June 24, 2010, and August 29, 2013;
WHEREAS, the Member Cities, provided an election is made to do so, shall have the right
to the continued performance of services provided under the PSC for the useful life of the System
("System" being defined in Section 2 (s) of the PSC) by giving written notice to the Agency of
said election by no later than September 30, 2016; and,
WHEREAS, the City Council of the City of Denton ("City) finds that it is in the best
interest of the citizens and electric ratepayers of the City to elect for the City to have the right to
the continued performance of services provided under the PSC for the useful life of the System;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON RESOLVES:
SECTION 1. The recitals which are set forth in the preamble of this Resolution are
incorporated herein and are made a part of this Resolution for all purposes.
SECTION 2. Pursuant to the requirement of "Section 19: Continuation of Services" of
the PSC, the City Council of the City of Denton elects for the City of Denton to have the right to
the continued performance of services provided under the PSC for the useful life of the System;
SECTION 3. The Interim City Manager, or his designee, is directed to deliver a certified
copy of this Resolution to the Texas Municipal Power Agency on or before September 30, 2016;
and
SECTION 4. This resolution shall take effect immediately from and after its adoption.
PASSED AND APPROVED this the day of , 2016.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
File #: ID 16-871, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Engineering Services
CM/ ACM: Jon Fortune
Date: August 23, 2016
SUBJECT
Consider adoption of an ordinance approving a Development Agreement between the City of Denton and
Justland Development LLC, concerning the use of City property for Temporary Stormwater Facilities for the
proposed development of Meadow Oaks Subdivision, Phase 4, until the permanent Ruddell Street Stormwater
Facilities are installed; allowing for cost participation in the permanent stormwater facilities; providing to the
City a conveyance of land in fee; requiring a performance bond or letters of credit; authorizing the City
Manager to execute the agreement; and providing for an effective date.
BACKGROUND
This item provides a brief overview of the issue. Because details of the proposed Development
Agreement are still being finalized, a more detailed item will be provided to the Council prior to its
meeting.
The developer of Meadow Oaks Subdivision, Phase 4 (a new subdivision lying uphill and east of the City's
Service Center property, north of Paco Trail and west of Autumn Oak Drive) has proposed to City staff a
potential joint stormwater project with the City's Ruddell Street Extension project. The Ruddell Street
Extension Project will require fairly extensive stormwater facilities. Basically, the developer proposes to
connect his stormwater system to the City's Ruddell Street extension stormwater system and have the City
accommodate his development's stormwater runoff in exchange for a heavily treed strip of land (0.6 acres),
which could serve as a vegetative screen of the City's Service Center uses from adjacent residential
development (as compensation of temporary drainage use of City property and a contribution to City
improvements to the main drainage channel serving the area) and payment of all cost increases to the City's
planned stormwater system caused by the addition of his development's stormwater. The developer would gain
an estimated 5 additional lots within his development; thus providing additional future City tax base.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
August 9, 2016 - Work Session briefing to the Council on the Ruddell Street Extension Project and the concept
of this request.
STRATEGIC PLAN RELATIONSHIP
City of Denton Page 1 of 2 Printed on 8/19/2016
povveied by I_egivt9i IN
File #: ID 16-871, Version: 1
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: 2.4 Manage drainage infrastructure
Respectfully submitted:
John T. Davis, PE
Director of Engineering Services
City of Denton Page 2 of 2 Printed on 8/19/2016
povveied by I_egist9i I;,
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
File #: ID 16-980, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Development Services/Economic Development Division
CM/ ACM: Jon Fortune
Date: August 23, 2016
SUBJECT
Consider nominations/appointments to the City's Economic Development Partnership Board.
BACKGROUND
The City Council appointed a Nominating Committee at the July 19, 2016, meeting that was charged with
recommending nominees to the Economic Development Partnership Board. Nominating Committee members
are Councilmembers Dalton Gregory and Joey Hawkins and Chamber member Larry Parker.
Economic Development Partnership Board (EDPB) members serve two-year terms and may serve as many as
three terms. The ordinance creating the Board provides that EDPB members must fall into specific categories
when they are originally appointed to the Board (see table below). City Council members and Chamber of
Commerce Board members may be reappointed to two additional consecutive terms even if they no longer
serve on the City Council or Chamber Board.
Current EDPB members are:
Name
Category
Term Expires
Cleve Breedlove, Chair
Aviation
2017
Marty Rivers, Vice Chair
Chamber of Commerce
2016 (eligible)
Larry Parker
Chamber of Commerce
2017
Chris Watts
City Council
2016 (eligible)
Greg Johnson
City Council
2017
Jim Fykes
Top 20 Taxpayer
2017
John Gilmer
Top 20 Taxpayer
2016 (eligible)
Neal Smatresk
President of the Univ. of North Texas
2016 (eligible)
Carrell Ann Simmons
At Large
2016 (eligible)
John Baines
Denton Black Chamber of Commerce
2017
Dianne Costa
Hispanic Chamber of Commerce
2016 (eligible)
City of Denton Page 1 of 3 Printed on 8/19/2016
povveied by I_egivt9i IN
File #: ID 16-980, Version: 1
Chris Watts is eligible to be re -nominated, but chose to not serve again. Joey Hawkins is nominated as the new
City Council representative.
Dianne Costa's term was for only one year, and she is ineligible to be re -nominated. Jimmy Mejia is the new
nominee on behalf of the Hispanic Chamber of Commerce.
During its July 2016 meeting, the Economic Development Partnership Board voted unanimously to recommend
to the Council the addition of a seat to the Board for the Texas Woman's University President and Chancellor
under the same terms of service as the President of the University of North Texas. With the adoption of an
amendment to Ordinance No. 2015-074 prior to approving the slate of nominees, the Council is able to include
Carine Feyten, PhD, TWU's President and Chancellor, on the slate.
The Nominating Committee offers the following full slate of nominees to the City Council:
• Carine Feyten, TWU
• John Gilmer, Top 20 Taxpayer
• Joey Hawkins, City Council
• Jimmy Mejia, Hispanic Chamber of Commerce
• Marty Rivers, Chamber of Commerce
• Carrell Ann Simmons, At Large
• Neal Smatresk, UNT
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
August 16, 2016 - A work session on the EDP Board ordinance was presented to Council.
August 3, 2016 - Nominating Committee met to discuss slate of nominees.
July 19, 2016 - Council selected the Nominating Committee.
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: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
Exhibit 1 - Ordinance No. 2015-074
Exhibit 2 - Draft amendment to Ordinance No. 2015-074
Exhibit 3 - Presentation
Respectfully submitted:
City of Denton Page 2 of 3 Printed on 8/19/2016
povveied by I_egist9i I;,
File M ID 16-980, Version: 1
Aimee Bissett
Director of Development Services
Prepared by:
Caroline Booth
Assistant Director for Economic Development
City of Denton Page 3 of 3 Printed on 8/19/2016
povveied by I_egist9i I;,
ORDINANCE NO.4
15-074.
AN ORDINANCE AMENDING ORDINANCE NO. 2003-258, AS AMENDED BY
ORDINANCE NO. 2011-042 AND ORDINANCE NO. 2014-009, RELATING TO THE
ECONOMIC DEVELOPMENT PARTNERSHIP BOARD ("THE BOARD") TO ADD TO THE
MEMBERSHIP OF THE BOARD; REPEALING ALL CONFLICTING ORDINANCES AND
PORTIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has expressed the intent to
diversify the Economic Development Partnership Board, it is in the public interest to modify the
membership of the Economic Development Partnership Board to include participation of the
Black Chamber of Commerce and the Hispanic Chamber of Commerce; and
WHEREAS, the Economic Development Partnership Board has a proven track record of
effectiveness in the City of Denton with regard to reviewing and making recommendations to the
City Council concerning economic development within the community; and
WHEREAS, the Economic Development Partnership Board has proven particularly adept
in the recruitment of business and development in the community; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Article IX. Sec. 2-251 of Ordinance No. 2003-258 is hereby amended as
follows:
ARTICLE IX. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
Sec. 2-251. Creation, Members, Qualifications, and Tenure.
A. There is hereby created a City of Denton board entitled the Denton Economic
Development Partnership Board (the "Board"). The Board shall consist of eleven members.
The nine board members currently serving shall serve as originally appointed. The members, as
described in Sec. 2-251 C (7) below, shall be appointed to serve effective in 2015. These two
members shall draw straws to determine which will serve an initial one year term and which will
serve an initial two year term. Thereafter, six members shall be appointed for a two-year term in
even numbered years and five members shall be appointed for a two-year term in the odd
numbered years. No member shall serve more than three consecutive terms except for the
President of the University of North Texas ("UNT"), or his designee, who may serve unlimited
terms.
B. The Board members shall be appointed by the City Council and shall serve at the
City Council's pleasure. To aid the City Council in making appointments to the Board, the City
Council will appoint two City Council members and one Denton Chamber of Commerce
("Chamber") member to act as a nominating committee (the "Committee"). The Committee
members are qualified for appointment to the Board. The Committee will solicit nominations,
contact nominees to relate duties and responsibilities and to confirm willingness to serve. The
s:\legal\our documents\ordinances\15\edp ordinance option Ldocx
Committee will solicit recommendations from the Denton Chamber Board of Directors, the
President of UNT, and the Black and Hispanic Chamber Boards of Directors. If any such
nomination is not submitted, the Committee will consider the racial, ethnic, and gender diversity
objectives of the City Council when making its nomination recommendations to the City
Council. After evaluating the recommended nominees the Committee will present to the City
Council a slate of Board nominees for City Council consideration.
C. Notwithstanding anything contained herein to the contrary the membership make-
up of the Board shall consist of the following
1. Two members of the Board shall be City Council members at the time of
their appointment to their original term. They may serve out all three
terms, even if they are no longer members of the City Council after the
original appointment as long as they continuously serve throughout the
three terms. They must be residents of the City of Denton.
2. Two members of the Board shall be members of the Denton Chamber of
Commerce Board of Directors ("Chamber Board") at the time of their
appointment to their original term. They may serve out all three terms,
even if they are no longer members of the Chamber Board after the
original appointment as long as they continuously serve throughout the
three terms. They must reside or work in the City of Denton. The
Chamber Board will recommend the two nominees for consideration by
the Committee and the City Council.
3. Two members will be, or be employed by, a top twenty City of Denton ad
valorem or sales tax payer. Such members must reside or work in the City
of Denton.
4. One member will be the President of UNT or a UNT faculty or staff
member designated by the President. Such member need not reside in the
City of Denton and is not restricted to the three term limits. However, such
member must be appointed by the City Council for each term.
5. One member will have knowledge or experience in general aviation -
related matters and shall have no financial interest in matters at the Denton
Municipal Airport. This member must reside or work in the City of
Denton.
6. One member will be a citizen of the City of Denton who, in the discretion
of the City Council, has specific knowledge skills and abilities to assist in
all or any one of the functions and responsibilities of the Economic
Development Partnership Board.
Page 2
sAlegal\our documents\ordinances\15\edp ordinance option 1.docx
7. With the intent to enhance the divei,sity o:f"the oard,, oane no anilnce shall be
a representative nominale(l by the Black Cha naber Board of Dlaectoas and,
one nominee shall be as aepreselatat ve laoinitiated by the f 11spaalnrc Ch aannfaet-
Board of Directors. If a nomination is not made by either one of these
Boards, the Committee and the City Council shall consider the racial,
ethnic, and gender diversity of the Board as well as the knowledge, skills,
and abilities of the nominees to assist in all or any one of the functions of
the Economic Development Partnership Board when making selections.
These members must reside or work in the City of Denton.
8. The City Manager, the President of the Chamber, and the Superintendent
of the Denton Independent School District will serve as ad hoc non-voting
members of the Board.
SECTION 2. This Ordinance amends Ordinance No. 2003-258, Ordinance 2011-042,
and Ordinance 2014-009 and supersedes and repeals any provision of those ordinances, or any
other, in conflict herewith.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _da y of __.....�� 2015.
MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _
Page 3
s:Alegal\our documents\ordinances\16\edpb twu seat ordinance.docx
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2003-258, AS AMENDED BY
ORDINANCE NO. 2011-042, ORDINANCE NO. 2014-009, AND ORDINANCE NO.
2015-074 RELATING TO THE ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
("THE BOARD") TO ADD TO THE MEMBERSHIP OF THE BOARD; REPEALING ALL
CONFLICTING ORDINANCES AND PORTIONS THEREOF; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas, recognizes the contributions
of Texas Woman's University to the economy of the City of Denton and values Texas Woman's
University's role in the continued growth and development of higher education and business in the
City of Denton, it is in the public interest to modify the membership of the Economic
Development Partnership Board to include participation of Texas Woman's University; and
WHEREAS, the Economic Development Partnership Board has a proven track record of
effectiveness in the City of Denton with regard to reviewing and making recommendations to the
City Council concerning economic development within the community; and
WHEREAS, the Economic Development Partnership Board has proven particularly adept in
the recruitment of business and development in the community; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Article IX. Sec. 2-251 of Ordinance No. 2003-258 is hereby amended as
follows:
ARTICLE IX. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
Sec. 2-251. Creation, Members, Qualifications, and Tenure.
A. There is hereby created a City of Denton board entitled the Denton Economic
Development Partnership Board (the `Board"). The Board shall consist of twelve members. The
eleven board members currently serving shall serve as originally appointed. Six members shall be
appointed for a two-year term in even numbered years and six members shall be appointed for
a two-year term in the odd numbered years. The member, as described in Sec. 2-251 C (8)
below, shall be appointed to serve effective in 2016. No member shall serve more than three
consecutive terms except for the President of the University of North Texas ("UNT") and the
Chancellor and President of 'Texas Woman's University ("TWU") or his or her designee,
who may serve unlimited terms_.
B. The Board members shall be appointed by the City Council and shall serve at the City
Council's pleasure. To aid the City Council in making appointments to the Board, the City Council
will appoint two City Council members and one Denton Chamber of Commerce ("Chamber")
member to act as a nominating committee (the "Committee"). The Committee members are
qualified for appointment to the Board. The Committee will solicit nominations, contact
nominees to relate duties and responsibilities and to confirm willingness to serve. The
s:Uegakour documents\ordinances\I6\edpb twu seat ordinance.docx
Committee will solicit recommendations from the Denton Chamber Board of Directors, the
President of UNT, the Chancellor and President of TWU, and the Black and
Hispanic Chamber Boards of Directors. If any such nomination is not submitted, the Committee
will consider the racial, ethnic, and gender diversity objectives of the City Council when making
its nomination recommendations to the City Council. After evaluating the recommended
nominees the Committee will present to the City Council a slate of Board nominees for City
Council consideration.
C. Notwithstanding anything contained herein to the contrary the membership make- up of the
Board shall consist of the following
1. Two members of the Board shall be City Council members at the time of their
appointment to their original term. They may serve out all three terms, even if they are no
longer members of the City Council after the original appointment as long as they continuously
serve throughout the three terms. They must be residents of the City of Denton.
2. Two members of the Board shall be members of the Denton Chamber of Commerce
Board of Directors ("Chamber Board") at the time of their appointment to their original term.
They may serve out all three terms, even if they are no longer members of the Chamber
Board after the original appointment as long as they continuously serve throughout the three
terms. They must reside or work in the City of Denton. The Chamber Board will recommend
the two nominees for consideration by the Committee and the City Council.
3. Two members will be, or be employed by, a top twenty City of Denton ad valorem
or sales tax payer. Such members must reside or work in the City of Denton.
4. One member will be the President of UNT or a UNT faculty or staff member
designated by the President. Such member need not reside in the City of Denton and is not restricted
to the three term limits. However, such member must be appointed by the City Council for each term.
5. One member will have knowledge or experience in general aviation- related
matters and shall have no financial interest in matters at the Denton Municipal Airport. This
member must reside or work in the City of Denton.
6. One member will be a citizen of the City of Denton who, in the discretion of the
City Council, has specific knowledge skills and abilities to assist in all or any one of the functions
and responsibilities of the Economic Development Partnership Board.
7. With the intent to enhance the diversity of the Board, one nominee shall be a
representative nominated by the Black Chamber Board of Directors and one nominee shall be a .
representative nominated by the Hispanic Chamber Board of Directors. If a nomination is not made
by either of these Boards, the Committee and the City Council shall consider the racial, ethnic, and
gender diversity of the Board as well as the knowledge, skills, and abilities of the nominees to
assist in all or any one of the functions of the Economic Development Partnership Board when
making selection decisions. These members must reside or work in the City of Denton.
Page 3
s:\legal\our documents\ordinances\16\edpb twu seat ordinance.docx
8. One member will be the Chancellor and President of TWU or a TWU faculty or
staff member designated by the Chancellor and President. Such member need not reside in the City
of Denton and is not restricted to the three term limit. However, such member must be appointed
by the City Council for each term.
9. The City Manager, the President of the Chamber, and the Superintendent of the
Denton Independent School District will serve as ad hoc non-voting members of the Board.
SECTION 2. This Ordinance amends Ordinance No. 2003-258, Ordinance 2011-042,
Ordinance 2014-009, and Ordinance 2015-074 and supersedes and repeals any provision of those
ordinances, or any other, in conflict herewith.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2016.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 4
CHRIS WATTS,.MAYOR
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
File #: Al 6-0003b, Version: 1
Legislation Text
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
ACM: Jon Fortune
DATE: August 16, 2016
SUBJECT
Consider adoption of an ordinance of the City of Denton approving a pre -annexation development agreement
between the City of Denton and Ryan Capital Partners, Ltd. for the Creekside (Ryan Ranch) Development;
authorizing the Mayor to execute said Agreement; providing severability and providing an effective date.
BACKGROUND
On June 2, 2016, the City Council granted a second extension of the existing Non -Annexation Agreement
(NAA) to delay annexation of the subject property while staff and the developer collaborated on a Pre -
Annexation Agreement (PAA) to allow the property to remain in the City's Extraterritorial Jurisdiction (ETJ) in
return for the City's regulation of land uses and design standards for the site. The NAA is scheduled to expire
on September 4, 2016.
The development criteria and associated details of the proposed PAA were presented to the Council at their
August 9t' meeting. The presentation provided a land use analysis of each tract contained within the subject
property.
The proposed agreement is currently being reviewed and will be provided on the day of the meeting. Based on
discussion points raised at the August 9' meeting, the applicant is proposing to revise their original Detailed
Plan, which will be presented at the meeting. The proposed revisions, however, have been reflected in the
development conditions for Tract 1C in this report but have not been incorporated in the PAA. If the proposed
revisions are amenable, they will be included. Furthermore, if there are additional conditions or development
criteria proposed by the City Council, they will also be incorporated into the agreement and reflected on the
Detailed Plan.
PAA's are contracts between the governing body of a municipality and the owner of property in the ETJ and
are permitted under Texas Local Government Code Section 212.172. They allow a land owner to continue their
ETJ status while extending a municipality's planning authority over the property. The agreements typically
regulate the following:
• Land use and development regulations
• Provide for infrastructure, including streets, drainage, water, wastewater, and other utilities
• Environmental regulations
City of Denton Page 1 of 6 Printed on 8/19/2016
povveied by I_egivt9i IN
File #: Al 6-0003b, Version: 1
• Annexation or terms of annexation
• Other lawful terms agreed upon
EXISTING CONDITIONS
Located south of East Ryan Road and 370 feet west of Montecito Drive, the subject property is situated in the
southern portion of the City generally between the Thistle Hills residential subdivision and the Good Samaritan
Society Lake Forest Village. It has approximately 2000 feet of frontage on East Ryan Road and a small portion
at the southwest corner of the PAA area also has frontage on Creekdale Drive. The site is currently used for
agriculture and natural gas production, with the gas well production site located near the west property line.
The eastern portion and the western and southern perimeters are heavily treed. A creek with a small pond flows
north -south across the center of the site that is protected by various environmental protections including FEMA
floodplain and Stream Buffer, Water Related, and Upland Habitat Environmentally Sensitive Area (ESA).
Land uses surrounding the subject property include an elementary school, a park, and elderly housing; however
the primary surrounding land use is single-family residential. Development patterns for the residential uses vary
from large -lot, low density estate homes to medium density homes with a suburban character. The residential
development has progressed gradually, resulting in a fragmented pattern with uneven connectivity between
subdivisions. The central location of the subject property within the surrounding residential mix supports a
development of varied housing styles and densities, as well as future connectivity, thereby potentially
improving the level of service of roadways abutting these developments.
PROPOSED PRE -ANNEXATION AGREEMENT
The PAA divides the property into four distinct areas intended to be owned and developed independently. The
terms and conditions of each Tract are outlined below:
Tract 1A
Approximately 14.434 acres in size, Tract IA is located on the south side of Ryan Road to the west of the Good
Samaritan elderly housing facility. Currently an undeveloped tract, the PAA includes a concept plan for
development of the site with a variety of Elderly Housing types as a future extension of the Good Samaritan
Village. Approval of a detailed plan will be required prior to any development. The site will also be required to
preserve approximately 60% of the existing trees on site along the south and west property lines. Annexation of
the site would be triggered upon application for a Final Plat to develop the property. Once annexed, the site
would receive a Neighborhood Residential Mixed Use 12 (NRMU-12) District zoning classification, subject to
the provision of the PAA.
Tract 1B
Approximately 20.533 acres in size, Tract 1B is located on the south side of Ryan Road immediately to the
west of Tract IA. This tract is the location of the creek and associated ESA's. No incursion upon the ESA is
proposed at part of the PAA. Currently an undeveloped property, the PAA would permit this tract to be
subdivided into no more than three lots for single-family homes. Annexation would be instituted upon submittal
of a Final Plat application. Once annexed, the site would receive a Neighborhood Residential 2 (NR -2) District
zoning classification, subject to the provisions of the PAA.
City of Denton Page 2 of 6 Printed on 8/19/2016
povveied by I_egist9i I;,
File #: Al 6-0003b, Version: 1
Tract 1C
Approximately 47.47 acres in size, Tract 1C is located on the western portion of the subject property, adjacent
to the Thistle Hills and Ryan Ranch Phase II residential subdivisions. The property is currently developed with
a gas well that the developer has agreed to purchase so that it may be permanently plugged. Once plugged, the
applicant intends to develop the site with 137 single-family houses. General Regulations of this Tract are as
follows:
• Maximum Dwelling Units: 137
• Minimum Lot Size: 7,200 square feet
• Minimum Lot Width: 60 feet
• Minimum Lot Depth: 110 feet
• Minimum Front Yard Setback: 20 feet for front -entry, 25 feet for J -Swing entry
• Minimum Side Yard Setback: 5 feet
• Minimum Rear Setback: 15 feet
Staff also negotiated design enhancements to the site that would not otherwise be required had the site been
involuntarily annexed and zoned any of the Neighborhood Residential Districts. A comparison of the PAA
design standards in comparison to the standard Denton Development Code regulations is attached as Exhibit
11. These enhancements include:
Tree Preserve & Buffer - To buffer adjacent subdivisions, the developer will preserve a stand of trees
within an approximately 100 -foot buffer on the west and south sides of the property. By incorporating the
trees and natural landscape of the property into the design of the subdivision, approximately 65% of the
existing tree canopy within Tract 1C will be preserved. A five foot wide meandering trail will also be
provided through the western tree buffer so that the trees may remain accessible and enjoyable by the
residents.
Masonry Screening Wall & Entry Feature - To screen the subdivision and enhance the overall aesthetics
of the public right-of-way, the developer will be provide a minimum six-foot masonry wall with stone
columns along the frontage of Ryan Road for both Tracts I and 1C. In addition to the masonry wall, the
entrance from Ryan Road will include enhanced landscaping and a wooden tower entry monument.
Renderings of the proposed entry features are attached as Exhibit 9.
Trail System & Linear Park - To take full advantage of the site's natural beauty and designed open space,
the developer will provide a meandering trail system through the development as depicted in the detailed
plan. This trail will begin at Ryan Road on the north side of the property and connect to Creekdale Drive
utilizing two routes. The western trail will meander through the Tree Buffer and the eastern trail will
parallel the creek to the east of Tract IC. The two trails will connect in the middle of the development
through an east -west linear park over the site of the plugged gas well. To enhance the safety and security of
the trail users, decorative lighting will be provided and wrought iron fences for all property lines adjacent to
open spaces. A detailed plan of the proposed trail system, fencing, and examples of the decorative lighting
are attached.
Amenity Center - The development will include a community pool and playground on the northern end of
the tract. Renderings of the amenity center are attached as Exhibit 7.
City of Denton Page 3 of 6 Printed on 8/19/2016
povveied by I_egist9i I;,
File #: Al 6-0003b, Version: 1
Building Materials - To ensure a high quality housing product, the developer shall provide a minimum
masonry requirement of 90% for front facades and 75% for side and rear facades. This is in contrast to the
city-wide regulations of the Denton Development Code (DDC), which has no minimum masonry
requirement for any facade of a single-family home.
Variation in Housing Type - The developer will provide a minimum of 25% of houses will include a 3 -car
garage or J -swing drives to enhance the aesthetics of the street by limiting the amount of garage doors
directly facing the street and to provide a variety of housing types. These features are to be evenly
distributed throughout the development. Additionally, the PAA includes a non -repeat clause to restrict the
proximity in which two similar elevations, floor plans, and color selections can be used along the same
street.
Variation in Setbacks - Varying front yard setbacks of 20 feet and 25 feet to eliminate the repetition and
uniformity commonly associated with tract home development.
Minimum Floor Area - Homes within the development shall have a minimum floor area of 1,800 square
feet of air-conditioned space, however no less than 25% of the homes shall be 2,400 square feet or greater
of air-conditioned space. This is comparable with surrounding neighborhoods which generally range from
1,500 to 5,000 square feet of floor area. The minimum city-wide requirement in the DDC is 900 square feet.
The applicant is proposing to amend the following design elements in response to the discussion at the August
9'' meeting;
• Maximum Dwelling Units: 137 (no change)
• Maximum Density: 2.9 dwelling units per acre (no change)
• Minimum Lot Size: 7,200 square feet; A minimum of 20% of the lots shall be 10,000 square feet
or greater
• Minimum Dwelling Unit Area: 1,800 square feet; A minimum of 25% of the dwelling unit areas
shall be 2,800 square feet (originally proposed minimum dwelling unit size of 2,400 square feet
for 25% of the lots)
• Open Space: Minimum open space shall be 22% (originally proposed at 30%)
The applicant has stated that the proposed lots along the southern and a portion of the southeastern property
would be extended to incorporate the existing trees, which would effectively increase the lot areas due to an
increased lot length. An easement would be placed, encompassing the tree line, as a tree preservation easement
in an effort to ensure the trees are not removed.
There is a potential that the amenity center would be retained as originally proposed, however, the applicant
would like the option to eliminate it but retain the area for passive open space. The revised development criteria
would not alter the proposed trail system, linear park and tree preservation program.
Tract 2
Tract 2 is located on the north side of Ryan Road and is not proposed for inclusion in the PAA. The owner of
this property would like to remain subject to the NAA and outside of city limits. Staff recommends the NAA be
extended to the year 2020 for consistency with other NAA's approved by City Council or that site be annexed
City of Denton Page 4 of 6 Printed on 8/19/2016
povveied by I_egist9i I;,
File #: Al 6-0003b, Version: 1
immediately according to the terms of the NAA originally set to expire in March 2016. Once annexed it would
receive an initial zoning of RD -5X and be subject to the regulations of the Rural Residential (RD -5) zoning
district. However, it is at the City Council's discretion to determine an annexation schedule within the terms of
the PAA.
RYAN ROAD IMPROVEMENTS
Ryan Road is currently a two-lane, undivided roadway with varying right-of-way widths between Teasley Lane
(FM 2181) and Country Club Road (FM 1830). Per the Mobility Plan, the fully developed condition of Ryan
Road is a four -lane, divided roadway with a total right-of-way width of 110 feet. In the typical development
process, the fully developed condition is achieved by requiring the developer to dedicate the necessary right-of-
way and fully construct their half of the street and sidewalks for the full frontage of the property. In the
proposed PAA, the developer of each individual tract will still dedicate the necessary right-of-way, but a
Perimeter Street Improvement Contribution will be assessed in lieu of constructing the streets and sidewalks.
The purpose of the Perimeter Street Improvement Contribution in lieu of construction is to more fairly
distribute the costs of street improvements according to the anticipated impact of each individual tract rather
than the amount of frontage along Ryan Road. Tract 1B, for instance, will only be developed with no more than
three single-family homes, yet has the greatest amount of street frontage. Additionally, the creek crosses Ryan
Road within the frontage of this tract which is likely to require higher costs associated with constructing
culverts underneath the road. Requiring the developer of Tract 1B to construct Ryan Road to its fully developed
condition would be disproportionate to the impact generated by the three houses. Instead, the developer will be
assessed a Perimeter Street Improvement Contribution that is roughly proportionate to its impact on Ryan
Road.
The total Perimeter Street Improvement Contribution was calculated by the Director of Engineering to be
$900,800. This will be divided into a $375,000 contribution for Tract IA, $5,200 for Tract 113, and $520,600 by
Tract 1 C.
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
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: Safe, Liveable & Family -Friendly Community
Related Goal: 5.4 Manage land use and preserve open/natural spaces
City of Denton Page 5 of 6 Printed on 8/19/2016
povveied by I_egist9i I;,
File #: Al 6-0003b, Version: 1
EXHIBITS
1.
Location Map
2.
Zoning Map
3.
PAA Boundary Map
4.
Tree Preservation Plan
5.
Tract IA Concept Plan
6.
Tract 1 C Detailed Plan
7.
Amenity Center
8.
Fencing Exhibit
9.
Entry Features
10.
Hardscape and Landscape Exhibit
11.
PAA v. DDC Comparison Table
Respectfully submitted:
Munal Mauladad
Deputy Director of Development Services
Prepared by:
Mike Bell
Senior Planner
City of Denton Page 6 of 6 Printed on 8/19/2016
povveied by I_egist9i I;,
m
^`
mw
x
m
Lu a
v�
LU
C
��
x m
N
W �
L
Q
<
o
o22
U0
Q x
N
O
Q
E
O
U
N
0
m
H
En
A`
W
M:
LU
O w
�
'^
V!
z cu
Lu—
X
CN
O J
Wu
_
En
LULZ
/
§)
�@
( ƒ
O/\
N
C4
w o
N
7
Q
o
ciC
Q
o
O
N
o
Q
o
z
Q
o
z
Q
o
z
O
Z
O
Z
O
Z
O
Z
Cl
v U
a41
W
o0
w
O1
d
Q
Q
Q
Q
Q
Q
Q
Q
Q
Ca
o
o
Ca
I��y
x F
QI
�
O
oD
`++
N
L
cC
�
•• �
O
,�•
Q
a Q�
rT4
I
3
'
1�41
a�
o
bb
W
C=
O
o
ai
w
a�
O
°
0
0
�
a
1`"
o
a
o
o
o
o
o
o
3 0
oD
o
N
N
w
Z
Z
Z
o
T
L
oa
O
U Q �
a
y
�
w
�
a�
� � v
cQ
w
A16-0003
Zoning Map
W- E . ..... . .
DEN -TON s
Pbmning Department, GIS 0 320 W 1,280 ........ ..... DENTON
m
m
= E
LU o
O m
� � m
c
LZ u m
X
O
Q
c O
Q
Q a` Q
m
m
w c
O m
�a
'^
V!
LL 0
o
c
G
X
Q a
C 0
Q�
Uo�
�NLLm�
0
as
�m
�a
i
aQd
-
- -oa3o
co v
w w
ew o 000 0
�u
Q
w
� vi a �aais of
ro
1" 0
~
CCR
F
T U
Df
-.- U)
— Q
0
mi
O
}o
IIT'o
I
m
Q o
o
O
_OZL
ro
rn
yZ�Z I iii � w't ✓ .W—�,A✓�'�i
O
wz
�--
>
a a 33a1s I� -
j31 d $
- m I I II I j �. d ✓ �' � �—y P�s�� m—
a Z
pompS r $
$, - a
I
F � Aonz� �
I
I $ * I - N
oB i' m
II i � mm m� m
II m ee
1 I
-W
z F-
r
apm 1 � Iii m W $
OOo�V
v
3
mnn�
mAz�
NW�� Ilii @
a I I d gg
O O C7 7= Ij II!°/ { S m mace wnzi mnx�
I I m'sn I
I I 1 � m m'nzi m'nz�
I I $
LL
I 1 -
fA�Z-----
I
aZ�p~
uri N�av Ii R
'd
� aOa it�i R' I I 1 m'ns An'os
W WJO
�w$d'�
pOH I I � n
I
I li
d -c
w°Z-o - ILLI
I =aW
U a a r @ 1 1 w ad
d
a
C0pEll .g
w>02 a= 1 _
¢gc,Zw I Ili, Pans
v II 1 9133a1S
1 li u= 9 133a1S _fig m _ 9 133b1S _ _ - _ - — - -
I I
-�-------------------
I
II 13 1
I I
II9J "I�
I 1 1 I �Swrc I I I 1 f I I I z$
wC
-QaO
J
o I -
=am�mK
�
----_�_---J-------L ° —J--- �1----=--W-----
�=o
2N -
N��--
3 3f)N3hV M3aONV
ZO 3
N
1" 0
~
CCR
F
T U
Df
-.- U)
— Q
Q
rn
yZ�Z I iii � w't ✓ .W—�,A✓�'�i
O
wz
�--
>
a a 33a1s I� -
j31 d $
- m I I II I j �. d ✓ �' � �—y P�s�� m—
a Z
pompS r $
$, - a
I
F � Aonz� �
I
I $ * I - N
oB i' m
II i � mm m� m
II m ee
1 I
-W
z F-
r
apm 1 � Iii m W $
OOo�V
v
3
mnn�
mAz�
NW�� Ilii @
a I I d gg
O O C7 7= Ij II!°/ { S m mace wnzi mnx�
I I m'sn I
I I 1 � m m'nzi m'nz�
I I $
LL
I 1 -
fA�Z-----
I
aZ�p~
uri N�av Ii R
'd
� aOa it�i R' I I 1 m'ns An'os
W WJO
�w$d'�
pOH I I � n
I
I li
d -c
w°Z-o - ILLI
I =aW
U a a r @ 1 1 w ad
d
a
C0pEll .g
w>02 a= 1 _
¢gc,Zw I Ili, Pans
v II 1 9133a1S
1 li u= 9 133a1S _fig m _ 9 133b1S _ _ - _ - — - -
I I
-�-------------------
I
II 13 1
I I
II9J "I�
I 1 1 I �Swrc I I I 1 f I I I z$
wC
-QaO
J
o I -
=am�mK
�
----_�_---J-------L ° —J--- �1----=--W-----
�=o
2N -
N��--
3 3f)N3hV M3aONV
ZO 3
N
-
4 $ I
_133211S _ . _ • 0 133211S� -
mn�
`o end
I I
I
I
I
� I
W .a°nzi 'w
. $
y W $ 9
- K I m $ K I
IL
m'az, mnz, yia
$
ig
m
n - 9 I - I • I m5z,- - S _ _ li
I
I
I
- - I
I
R I ozi I
I
8 n s II
9 I
I mnz, I
I
• I
9 133N1S •3 133211S
r- s -
-
------------------------m- --------
------------------------- M -- — m - � �M
— -- -- ------ --- -- ----
W Or w _____ z~ W n
D ^aor o. ¢p A W" FZ' z
°3 Iww wi
w o° �gC7p
J mA�
o ���
2 N � i I =$Jwxa--1./ l a ti IWWN
°$
aQnd' � I
1234 1y �__�-
�O xa
1"
Z
0
u
U
W
--
Ofy
-
4 $ I
_133211S _ . _ • 0 133211S� -
mn�
`o end
I I
I
I
I
� I
W .a°nzi 'w
. $
y W $ 9
- K I m $ K I
IL
m'az, mnz, yia
$
ig
m
n - 9 I - I • I m5z,- - S _ _ li
I
I
I
- - I
I
R I ozi I
I
8 n s II
9 I
I mnz, I
I
• I
9 133N1S •3 133211S
r- s -
-
------------------------m- --------
------------------------- M -- — m - � �M
— -- -- ------ --- -- ----
W Or w _____ z~ W n
D ^aor o. ¢p A W" FZ' z
°3 Iww wi
w o° �gC7p
J mA�
o ���
2 N � i I =$Jwxa--1./ l a ti IWWN
°$
aQnd' � I
1234 1y �__�-
�O xa
R
it
I
I
I
I
i I
c I
I
I
J a05zi
�m z
O
U
I
I'o
�—
o
I I
fo
Q�
U
a
MOiI — — —
1e
l]
o
R
it
I
I
I
I
i I
c I
I
I
J a05zi
ro
F
Q
� A
o
z
U
LL U
� I
WR
LLI I I I I I \
1 I—j� II II
I I I
w
W 1 W m
�- ---aLU
��
p ciiaq —~ a--
I'a1 1 ima Z 7d'�
--_y ZIA ZV gFi K
O
II
CO)
-II FLulIs III
I I t
---\ FT
I
LLJ
I I I I I
I \I I
o ; (Gerimmffi) _ I I l
l a t \ \ 3N21O O13133°JO3 � I
Ib � I
S\uqj
� "/ \ I
1 13'
at
31332!1
-- "
___
__ _
ol0OoO
W ¢Wpm Iz II WpYN
uy1�y
M
a z
W W W U w x I I \ 3 W 2
2 N a Z J a p w rc LL N
$ ai<? Iwwrri�a I QO
3 — .o =LL
az6`1=a�--�--�--�--�--�--�--�-_/ •\
�m z
O
U
Uo
w
U�
�w
wp
--R
o
QN
oz U
m� TI F
1m3
ro
F
Q
� A
o
z
U
LL U
� I
WR
LLI I I I I I \
1 I—j� II II
I I I
w
W 1 W m
�- ---aLU
��
p ciiaq —~ a--
I'a1 1 ima Z 7d'�
--_y ZIA ZV gFi K
O
II
CO)
-II FLulIs III
I I t
---\ FT
I
LLJ
I I I I I
I \I I
o ; (Gerimmffi) _ I I l
l a t \ \ 3N21O O13133°JO3 � I
Ib � I
S\uqj
� "/ \ I
1 13'
at
31332!1
-- "
___
__ _
ol0OoO
W ¢Wpm Iz II WpYN
uy1�y
M
a z
W W W U w x I I \ 3 W 2
2 N a Z J a p w rc LL N
$ ai<? Iwwrri�a I QO
3 — .o =LL
az6`1=a�--�--�--�--�--�--�--�-_/ •\
�
k
E
§
L
� { '
j �
�
._.<.
± �
t °
§!\
«
<\
�
�
k
E
§
L
j �
o �
± �
t °
§!\
«
\\§
m
^`
LZ
x'
X ami
LU w
p
'^
-ae
LU
�.
N
s
C)
a
LLm .m
of
m
w
�W
•�
C L
G
m Be
LL *F
x
I"
< U-
� o
v 6
ate+
U P .
O c
-----------
x'
X
w C
'^
-o
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
File #: ID 16-1086, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Denton Municipal Electric
CM/ ACM: Howard Martin
Date: August 23, 2016
SUBJECT
Consider approval of a resolution of the City of Denton, a Texas Municipal Home Rule Corporation, ("City")
approving and authorizing the sales of certain assets by the Texas Municipal Power Agency ("Agency") and the
refunding of certain Agency financial obligations in connection with the Agency's sale of assets; authorizing
the Mayor to act on the City's behalf in executing certain amendments to agreements by and between, and
among the Agency and the Cities of Bryan, Denton, Garland, and Greenville ("Participating public
entities" [Each a "Participating Public Entity"]) necessary to effectuate the Agency's sales of assets and the
associated refunding of its financial obligations; and to take such other and further actions as are necessary in
order to effectuate and finalize the City's approval of such sales and the refunding of the Agency's related
indebtedness; authorizing and approving other matter related thereto; and providing an effective date.
BACKGROUND
This matter will be addressed by both staff and the City's attorneys in closed session.
OPTIONS
Deny
Approve
RECOMMENDATION
Approve as presented
Respectfully submitted:
Phil Williams,
General Manager, DME
Prepared by:
Larry Collister
Deputy City Attorney
City of Denton Page 1 of 2 Printed on 8/19/2016
povveied by I_egivt9i IN
File M ID 16-1086, Version: 1
City of Denton Page 2 of 2 Printed on 8/19/2016
povveied by I_egist9i I;,
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
File #: Al 6-0003c, Version:
Legislation Text
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
ACM: Jon Fortune
DATE: August 23, 2016
SUBJECT
Consider adoption of an ordinance of the City of Denton approving an amendment to a non -annexation
agreement between the City of Denton and Ryan Capital Partners, Ltd.; and providing an effective date.
BACKGROUND
On March 3, 2015, the City Council adopted Ordinance 2015-072, accepting a Non -Annexation Agreement for
agricultural, wildlife management, or timberland use properties within an area of land generally located on the
north and south sides of Ryan Road, consisting of approximately 85 acres ("NAA"). The NAA was scheduled
to terminate on March 1, 2016. However, prior to termination of the NAA, the property owner(s) intimated that
there was a potential multi -use of the subject property, and the owner(s) consequently requested an extension of
the NAA to allow enough time for staff to create a Pre -Annexation Development Agreement (PADA) pursuant
to the Local Government Code.
At the February 16' City Council work session, staff presented an analysis outlining the intent of a PADA and
associated advantages of creating a comprehensive development agreement for the subject site. The
development standards within the PADA would be comparatively more elevated than the current DDC
requirements and would allow the City to secure a comprehensively planned, high-quality development instead
of a conventional development pattern meeting the minimum requirements. The analysis hinged on the
importance of creating:
➢ A Cohesive Character: Elements that define the space and create a sense of place. This includes, but is
not limited to, architectural details, building materials, landscape design and tree canopy.
➢ Connectivity: Pedestrian, bicycle and vehicular paths within the community and associated connectivity
with adjacent communities and the transportation network.
➢ Sustainability: Protection for future generations. This includes the natural environment, economic
growth and social systems.
➢ Open Space: This includes active and passive recreation areas for the entire community.
➢ Durability: Neighborhoods should be long lasting legacies for the City of Denton
➢ Maintaining the integrity, to the greatest extent possible, of the existing Environmentally Sensitive Area
(ESA) and floodplain that traverses the southern portion of the site.
On March 1, 2016, the City Council extended the NAA for an additional 120 days to afford staff and the
City of Denton Page 1 of 3 Printed on 8/19/2016
povveied by I_egivt9i IN
File #: Al 6-0003c, Version:
developer the opportunity to author the proposed PADA. With the adoption of Ordinance 2016-079, the NAA
was therefore scheduled to expire on June 29, 2016.
On June 7', 2016, staff requested a second extension of the NAA to allow more time for the PADA
preparation. At its meeting on June 7h, the City Council approved the extension of the NAA for an additional
90 days. With the approval of Ordinance 2016-156, the NAA was therefore extended upon September 5, 2016
At the August 9' City Council work session, staff presented the framework and general requirements of the
proposed PADA. This included the development of the property into three tracts. Tract IA would allow for the
extension of the Good Samaritan elderly housing facility, Tract 1B would permit the development of three large
-lot, single-family homes, and Tract 1C would permit the creation of a 137 lot single-family subdivision. Tract
1C included a number of amenities and requirements comparatively more elevated than the current DDC
requirements including:
➢ An amenity center with a pool, playground, and open space
➢ Approximately 30% of open space specifically designed to preserve 65% of the existing tree canopy
and maximize the accessibility of the site's natural open space.
➢ A trail system meandering throughout the development.
➢ The abandonment of an operating gas well and creation of a linear park atop the plugged well site.
➢ Enhanced masonry standards to ensure a high quality housing product.
➢ Variation in setbacks, driveway type, and number of garages to ensure a diversity of housing type
within the development.
➢ An enhanced entry feature including a masonry screening wall, landscaping, and attractive monument
signage.
Following direction from City Council, staff is currently preparing edits to the PADA to lower the maximum
density and increase the minimum lot size requirements of Tract 1C. To allow for the additional time necessary
to prepare these edits, staff is requesting a third extension of the NAA for an additional 120 days.
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
Staff recommends approval of an Ordinance accepting an amendment to the Chapter 212 Texas Local
Government Code Non -annexation Agreement between the City, Jean Ann Baker, and Ryan Capital Partners,
Ltd., which shall extend the First Amendment NAA for an additional 120 days.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On March 3, 2015, the City Council adopted Ordinance 2015-072, approving an NAA for the subject property
with a term set to expire on March 1, 2016.
City of Denton Page 2 of 3 Printed on 8/19/2016
povveied by I_egist9i I;,
File #: Al 6-0003c, Version: 1
On February 16, 2016, the City Council received a presentation from staff on the intent and potential benefits of
a PADA and requested extension of the NAA.
On March 1, 2016, the City Council adopted Ordinance 2016-079, extending the NAA for 120 days, expiring
June 29h, 2016.
On June 7, 2016, the City Council adopted Ordinance 2016-156, extending the NAA for 120 days, expiring
September 5', 2016.
On August 9, 2016, the City Council received a presentation from staff on the general framework and
requirements of the proposed PADA.
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: Safe, Liveable & Family -Friendly Community
Related Goal: 5.4 Manage land use and preserve open/natural spaces
F UIRITC
1. Location Map
Respectfully submitted:
Munal Mauladad, Deputy Director
Development Services
City of Denton Page 3 of 3 Printed on 8/19/2016
povveied by I_egist9i I;,
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
File #: ID 16-1067, Version: 1
DEPARTMENT:
ACM:
Date:
Finance
Bryan Langley
August 23, 2016
Legislation Text
Agenda Information Sheet
SUBJECT
Hold a public hearing on a proposal to adopt a tax rate of $0.684750 with a maximum allowable rate of
$0.689750 per $100 valuation, which will exceed the lower of the effective or rollback tax rate.
BACKGROUND
The Texas Constitution and Texas Property Tax Code require taxing units to comply with specific guidelines in
adopting tax rates. The guidelines are related to a concept known as truth -in -taxation. This concept is a way to
make taxpayers aware of tax rate proposals and allow tax payers in certain circumstances, to roll back or limit a
tax increase.
The truth -in -taxation guidelines require taxing entities to calculate and publish their effective and rollback tax
rates (Exhibit 1 - Notice of Proposed Tax Rate). The effective rate is the calculated rate that would provide the
taxing unit approximately the same amount of revenue it received in the previous year on properties taxed in
both years. This rate excludes taxes on properties no longer in the taxing unit and also excludes any growth due
to new property values. The City of Denton's 2016 effective rate is $0.663366/$100 valuation.
The rollback rate divides the total property tax revenue into support for maintenance and operations (M&O)
taxes and debt service taxes. It provides approximately the same amount of revenue as in the previous year for
maintenance and operations expenses, plus an extra eight percent, plus the necessary debt service tax rate. If a
taxing unit adopts a tax rate higher than the rollback rate, the voters have the option to petition for an election to
limit the size of the tax increase. The City of Denton's 2016 rollback rate is $0.720790/$100 valuation.
The City Manager's FY 2016-17 Proposed Annual Program of Services recommends a tax rate of $0.684750
per $100 of valuation, and this rate is $0.021384 above the effective rate. Since the City of Denton's proposed
tax rate exceeds the effective tax rate, two public hearings are required to take place prior to the budget
adoption. In compliance with state law, staff published the Notice of Proposed Tax Rate in the Sunday, August
14, 2016, issue of the Denton Record Chronicle. In addition to the newspaper publications, the notice was
posted on the City's Web site, <http://www.cityofdenton.com> and the public access channel.
ESTIMATED SCHEDULE OF PROJECT
September 13, 2016 Hold Second Required Public Hearing on Tax Rate
City of Denton Page 1 of 2 Printed on 8/19/2016
povveied by I_egivt9i IN
File #: ID 16-1067, Version: 1
September 20, 2016 Adopt Tax Rate and Approve FY 2016-17 Annual Program of Services
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On August 4, 2016, the City Council was provided with detailed information regarding the FY 2016-17
Proposed Annual Program of Services including the proposed tax rate.
On August 9, 2016, the City Council discussed the proposed budget and voted to place a proposal on the
September 20, 2016 City Council agenda to approve a tax rate above the effective rate.
On August 16, 2016, the City Council discussed the proposed budget in work session.
FISCAL INFORMATION
In the FY 2016-17 Proposed Budget, a tax rate of $0.684750 per $100 valuation is recommended.
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
FXUTRTTC
1. Notice of Proposed Tax Rate 2016
2. Presentation
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
Prepared by:
Antonio Puente, Jr.
Assistant Director of Finance
City of Denton Page 2 of 2 Printed on 8/19/2016
povveied by I_egist9i I;,
NOTICE OF 2016 TAX YEAR
PROPOSED PROPERTY TAX RATE FOR
CITY OF DENTON
A tax rate of S0.689750 per SI00 valuation has been proposed for adoption by the governing body of the City of
Denton. This tax rate exceeds the lower of the effective or rollback tax rate, and state law requires that two public
hearings be held by the governing body before adopting the proposed tax rate. The governing body of the City of
Denton proposes to use revenue attributable to the tax rate increase for the purpose of paying maintenance and
operation expenses, and debt service.
PROPOSED TAX RATE
PRECEDING YEAR'S TAX RATE
EFFECTIVE TAX RATE
ROLLBACK TAX RATE
S0.689750 per SI00
S0.689750 per S100
S0.663366 per SI00
SO. 720790 per S100
The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for the City of
Denton from the same properties in both the 2015 tax year and the 2016 tax year.
The rollback tax rate is the highest tax rate the City of Denton may adopt before voters are entitled to petition for an
election to limit the rate that may be approved to the rollback rate.
�•c�l:::� rv�:����.n �:imn� �:�:v�•���:r r.::rri�w:�:r:� �:��:v�:� x�:�:c�o w:� � �:�:�s:��� w:c���.��
property tax amount = ( rate ) x ( taxable value of your property ) / 100
For assistance or detailed information about tax calculations, please contact:
Michelle French
Denton County Tax Assessor -Collector
1505 E. McKinney Street, Denton, TX, 76209
940-349-3500
Property.Tax@dentoncounty.com
http://tax.dentoncounty.com
You are urged to attend and express your views at the following public hearings on the proposed tax rate:
First Hearing: 6:30 p.m. on August 23, 2016 at City Hall, 215 E. McKinney Street, Denton, TX, 76201
Second Hearing: 6:30 p.m. on September 13, 2016 at City Hall, 215 E. McKinney Street, Denton, TX, 76201
I
P!
mi
r
2
N
000
000
w
ww'
M
■
M
w
Lu
w
■r
X
•
LL.
41
m
■
m
•
cd
w
•
m
•
w
LM
w
u
Q)
1,
1,
�
�
•
xw
t
•
•
Ln
•
l
/l
06
w
ww'
M
■
M
w
Lu
w
■r
X
•
LL.
41
m
■
m
•
cd
w
•
m
•
w
LM
w
u
Q)
1,
1,
�
�
•
xw
70
N
N_
(a
�
O
U
Q)
U
V)
V)
U_
N
4-d
U
L
Z
a"")
U
Q
L
4-J(n
OL
4-J
O
Q�
Pak
x
O
4
N
U
a --i
0
u
Q
-0
OL�\
L
a -J
a
m
N
O
O
Q
O
0
N
-J
L-
L
u
Q
N
Ln
Z3
Q)
O
Q
u (a
Q
OLp
N
c
N
—
Z3
z;
(a
�
U
p
-
Q
ca
L
U
Ln
O
O
0
C:0
U
U
Z;
WMMMA
Z
Q
0
L
Li
w
U
OL
I
0 I
I
\{ EE
\R
>
/
KH
j
}
(
Gf
m
}
;
!$
«9
\®
\
\{ EE
\R
>
/
KH
13
R
I
0 I
I
00 q )a 2 om
m> r${§)
3 3 m m
2 \ ci E )
\ �
Ln
I
�
m
I
\
\
%
J
\
Lei
�a
JJ
�fz
\
E-
\
cm
{®
/
g(\
\/�
zE
\
\
%
J
\
Lei
m
�
$
/
Lr
�
Q
LL ƒ
E \ t
j = = 2 u
V)} } § 2
2 §
2 2 °
s s u){\ f 2,
\ \ \ @ { j \
Q O E 4 4\ f>)) O
» « m » a « » «
&
0
»
�
Q
a
z
S
-4
�
%
7
\
e
/\
\
(Y)a¥
\\
&¥
}
&
0
»
�
Q
a
z
S
Ln
L
ru
0
N