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Home My WebLink About2016-09-27 Agenda with BackupCit of Denton City Hall Y 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, September 27, 2016 2:00 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, September 27, 2016 at 2:00 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 September 27, 2016. 3. Work Session Reports A. ID 16-897 Receive a report on use of innovative technology for operation and maintenance of the wastewater collection system. Attachments: Exhibit 1 Council QuickCam QuikLok Presentation B. ID 16-1237 Receive a report, hold a discussion and provide direction regarding potential revisions to the Denton City Charter, including, but not limited to, provisions related to ethics. Attachments: Exhibit 1 Presentation Exhibit 2 Denton City Charter Exhibit 3 Resolution R2006-003 Exhibit 5 Model City Charter 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 16-1135 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City's Attorneys on the status, strategy, and potential resolution of litigation styled, Esker v. City of Denton, Cause No. 14-000942-158, currently pending in the 158th District Court of Denton County, Texas. City ofDenton Page 1 Printed on 9/23/2016 City Council Meeting Agenda September 27, 2016 B. ID 16-1254 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 in the Mary Austin Survey, Abstract No. 4, City and County of Denton, Texas; discussion 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. (Brinker SS and TL) Following the completion of the Closed Meeting, the City of Denton City Council will convene in a Special Called Meeting at which the following items will be considered: 1. 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 — Q. 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 — C 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 16-1251 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of equipment to outfit two (2) Pierce Velocity Pumper Fire Engines for the City of Denton Fire Department, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 6245 awarded to Siddons-Martin Emergency Group in the not -to -exceed amount of $379,000.26). Attachments: Exhibit 1 -Quote Exhibit 2 -Staff Memo Exhibit 3 -Authorized Dealer Letter Exhibit 4 -Ordinance B. ID 16-1252 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase and installation of a 300 kilowatt (KW) City ofDenton Page 2 Printed on 912312016 City Council Meeting Agenda September 27, 2016 single phase generator 277/480 with 600 AMP main breaker to provide emergency backup for the City of Denton Service Center operations which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 6239 -awarded to C&G Electric, Inc. in the not -to -exceed amount of $121,490). Attachments: Exhibit 1 -Quote Exhibit 2 -Business Justification Memo Exhibit 3 -Ordinance C. ID 16-1258 Consider adoption of an ordinance of the City of Denton, a Texas home rule municipal corporation ("City"), approving the exchange of a 1.334 acre tract located in the N. Meisenhamer Survey, Abstract, No. 810, Denton, Denton County, Texas ("Property"), to Rayzor Investments, Ltd. ("Rayzor"), for permanent and temporary utility easements, also located in the N. Meisenhamer Survey, and reservations of permanent utility easements and dedication of right of way in the Property to the City, all with the equivalent value of One Hundred and Fifty Thousand Dollars and No Cents ($150,000.00) as stated in the contract of sale ("Contract"); authorizing the City Manager in accordance with Texas Local Government Code 272.001(k) to execute a deed to Rayzor together with any other documents necessary to exchange the Property for permanent and temporary utility easements and reservations of permanent utility easements and dedication of right of way; and, providing an effective date. [Bonnie Brae to North Lakes TM Line Rebuild (Easement Exchange)] Attachments: Exhibit 1 Transmission Line Easement Map Exhibit 2 Ordinance 2. 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. 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 City ofDenton Page 3 Printed on 9/23/2016 City Council Meeting Agenda September 27, 2016 NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1 -800 -RELAY -TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. City ofDenton Page 4 Printed on 9/23/2016 City Hall City of Denton 215 E. McKinney St. - Denton, Texas 76201 www.cityofdenton.com , DENTON File #: ID 16-897, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Utility Administration CM/ ACM: Howard Martin Date: August 9, 2016 SUBJECT Receive a report on use of innovative technology for operation and maintenance of the wastewater collection system. BACKGROUND The Wastewater Collections department uses closed circuit TV inspection (CCTV) to investigate the condition of the existing sewer lines to make decisions on whether to use point repairs (removal and replacement of a bad section of the existing sewer line) or totally replace an existing sewer line. CCTV is very time consuming and expensive, but the most reliable means of making these sewer line rehabilitation decisions. There are 522 miles of existing sewer lines in the collection system. When placed end to end the sewer line will extend from Denton to north of Kansas City. Not all sewer lines need to be CCTVed as they may have been recently constructed and/or have not exhibited maintenance issues. But which lines should be CCTVed? To help answer that question and make the best use of operations dollars the Collections department uses several computer models for sewer system asset management as listed below; • ESRI GIS • Cityworks CMMS • WERF SCRAPS Model • InfoWorks Sewer Model • InfoMaster Sewer Model Using these models a priority ranking of all the sewer lines was developed and then a CCTV priority ranking was established. This allowed spreading out of the CCTV effort over many years based on the priority ranking of the sewer lines. However, in July of 2014, EPA established several requirements that the Denton Collection department has to meet. One of these requirements is the CCTV of 100% of the clay pipe sewer lines in the collection system by the end of 2015. This requirement using the regular CCTV equipment could not be met unless the city hired several CCTV contractors at great cost to do this work. The Collections department made the decision to use a flushing truck nozzle mounted camera to CCTV the sewer lines as the lines were being cleaned. This is a high speed CCTV operation compared to the regular CCTV inspection. This is a new technology not commonly used at this time. The department bought two cameras for this operation and set the goal of completing the EPA City of Denton Page 1 of 2 Printed on 9/23/2016 povveied by I_egivt9i IN File M ID 16-897, Version: 1 mandate. Staff is happy to report that all of the clay tile sewer lines were CCTVed ahead of the end of year deadline. The cost per foot of nozzle mounted camera came in at 19 cents per foot compared to $1.33 per foot for normal CCTV operation. For 283,866 feet of clay tile line the CCTV cost savings amounted to $323,607. Once a sewer line is CCTVed, the analysis of the video determines whether a point repair is sufficient or the whole line needs to be replaced. For doing a point repair, the current practice is to open cut the pavement or dirt on top of the sewer line and dig out the backfill to get to the part of the sewer line that is damaged. Then, that section is removed and replaced with a new pipe section. This operation requires rerouting of traffic or closure of street, movement of large construction equipment to the site and laborious work to complete the point repair. There are many pipes in the city in inaccessible locations where the open cut is not even feasible. To alleviate the traffic issues, find a way to do point repairs in inaccessible areas, and to reduce cost of point repairs, staff investigated remote point repair technologies. Based on the analysis staff adopted the Quick Lock method of doing remote point repairs and proceeded to purchase the equipment, the first city to do so in Texas as well as generally the southwest of the country. To date staff has done 124 point repairs with this technology, saving numerous hours of lane closures. The cost savings with this method average $800 per point repair. As such, $99,200 was saved with the remote point repairs compared to the open cut method. To date, total cost savings using the above technologies amount to $422,807. Staff will show actual videos of these two innovative technologies and provide more detail in the presentation. PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB: Presented to PUB on January 11, 2016. 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: 1.5 Utilize technology to enhance efficiency and productivity EXHIBITS QuickCam QuickLok Presentation Respectfully submitted: P. S. Arora, P.E. Assistant Director of Wastewater Utilities City of Denton Page 2 of 2 Printed on 9/23/2016 povveied by I_egist9i I;, C) C14 r 3�0 t d �t �- f r a• r � LL f eO �7 vwa„' 3 t d �t f r a• r � LL 4 a y, a eO �7 vwa„' 3 t r a• r � LL a y, a u • i Y ry s x.. �,�6 ■wL — 4 u �J 9 C CA City Hall City of Denton 215 E. McKinney St. - Denton, Texas 76201 www.cityofdenton.com , DENTON File #: ID 16-1237, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Legal Department CM/ ACM: Anita Burgess Date: September 27, 2016 SUBJECT Receive a report, hold a discussion and provide direction regarding potential revisions to the Denton City Charter, including, but not limited to, provisions related to ethics. BACKGROUND The City Council has previously held work sessions to discuss ethics provisions impacting City officials in the City of Denton and to consider whether additional ethics rules should be implemented. Specifically, the City Council discussed this topic at meetings of December 7, 2015 and January 12, 2016. At today's meeting, staff would like to discuss provisions in the Denton City Charter related to ethics, and any other Charter provisions of interest in the City Council. 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: 1.3 Promote effective internal and external communication Exhibits: 1. Presentation 2. Denton City Charter 3. R2006-003 4. R2009-015 5. Model City Charter City of Denton Page 1 of 1 Printed on 9/23/2016 povveied by I_egivt9i IN Denton, TX Code of Ordinances Footnotes: Page 1 of 49 --- (1) --- Editor's note—Published herein is the city's Home Rule Charter which was adopted by the voters at an election held on February 24, 1959. The original arrangement and section numbers have been retained. Subsequent amendments to the Charter are denoted by a history note at the end of the affected section and/or by a note explaining the effect of the amendment. Obviously misspelled words have been corrected without notation. Words added for clarity are enclosed in brackets. ARTICLE I. - INCORPORATION, FORM OF GOVERNMENT AND POWERS Sec. 1.01. - Incorporation. The inhabitants of the City of Denton, in Denton County, Texas, within the corporate limits as now established or as hereafter established in the manner prescribed by this charter, shall be and continue to be municipal corporation and the inhabitants thereof shall be a body politic and corporate in perpetuity under the name of the "City of Denton," possessing all power, property and interests which it possessed immediately prior to the time this charter takes effect or may hereafter acquire, and having the duties, obligations and liabilities now incumbent upon or hereafter incurred by the city as a municipal corporation. Sec. 1.02. - Boundaries. The boundaries and limits of the City of Denton until changed in the manner herein provided, shall be the same as have heretofore been established and as exist on the date of the adoption of this charter, which boundaries are more fully set out and described by metes and bounds in a book entitled "Official Corporate Limits of the City of Denton, Texas," which is now, and shall hereafter be, on file in the office of the city secretary of the City of Denton. Sec. 1.03. - Extension of city limits. The city council, by a vote of not less than four-fifths (4/5) of its membership, shall have the power by ordinance to provide for the alteration and extension of said boundary limits, and the annexation of territory lying adjacent to the City, with or without the consent of the inhabitants of the territory annexed. Upon the introduction of any such ordinance to the City Council, such ordinance shall be published one time in the official newspaper of the City of Denton. Amendments may later be incorporated into the proposed ordinance by a vote of not less than four-fifths (4/5) of the membership of the City Council and publication one time in the official about:blank 9/22/2016 Denton, TX Code of Ordinances Page 2 of 49 newspaper of the City of Denton. The proposed ordinance, or any amendment thereof shall not thereafter be finally acted upon until at least thirty (30) days after the publication thereof; and upon the final passage of any such ordinance, or any amendment thereto, the boundary limits of the City shall thereafter be as fixed thereby. When any additional territory has been so annexed, same shall be a part of the City of Denton, and the property situated therein shall be subject to and shall bear its pro rata part of the taxes levied by the city, and the inhabitants thereof shall be entitled to and shall possess all the rights and privileges of the citizens of the City of Denton, and shall be under obligations as such citizens. Sec. 1.04. - Form of government. The municipal government provided by this charter shall be known as the "council-manager government." Pursuant to its provisions and subject only to the limitations imposed by the state Constitution and by this charter, all powers of the City shall be vested in an elective council, hereinafter referred to as "the council," which shall enact local legislation, adopt budgets, determine policies and appoint the city manager, who shall execute the laws and administer the government of the city. All powers of the city shall be exercised in the manner prescribed by this charter, or if the manner be not prescribed, then in such manner as may be prescribed by ordinance. Sec. 1.05. - Powers of the city. The City of Denton shall have and may exercise all the powers granted to cities by the Constitution or laws of Texas including specifically those powers made available to cities of more than five thousand (5,000) inhabitants by what is known as the Home Rule Amendment to the Constitution of Texas (Article XI, Section 5 and the Home Rule Enabling Act (Vernon's Texas Codes Annotated, Texas Local Government Code Section 5.004, Chapter 9, Chapter 26, and Subchapter E of Chapter 51), as these laws now read or may hereafter be amended. The city may acquire property within or without its corporate limits for any municipal purpose; may cooperate with the government of Texas or any agency thereof, or with the federal government or any agency thereof, or with the government of any county, city, or political subdivision to accomplish any lawful purpose for the advancement of the health, morals, safety, convenience, or welfare of the city or its inhabitants; may sell, lease, mortgage, hold, manage, and control such property as its interest may require; provided the city shall not sell, convey, lease, mortgage, or otherwise alienate the entire assets of any public utility system or any portion thereof essential to continued effective utility service without the prior approval by a majority of the qualified voters of the city about:blank 9/22/2016 Denton, TX Code of Ordinances Page 3 of 49 who vote at an election held for this purpose; and may exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or the Constitution or laws of Texas. The enumeration of particular powers in this Charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied thereby or appropriate to the exercise thereof, the city shall have and may exercise all other powers which under the Constitution and general laws of this state it would be competent for this Charter to specifically enumerate. (Ord. No. 99-057, Amend. No. 2, 2-16-99, ratified 5-1-99) Sec. 1.06. - Liabilities, exemptions and limitations. (a) No property belonging to the city shall be subject to any execution of any kind or nature. (b) No fund belonging to the city shall be subject to garnishment, attachment or sequestration, and the city shall never be required to answer in any garnishment proceedings. (c) No assignment of wages or other compensation earned, or to be earned, by any employee of the city shall be valid and the city shall never be required to recognize any such assignment or to answer in any proceeding thereon. (d) The City of Denton shall never be liable for death or personal injury of a person or for property damages of any kind unless within ninety (90) days after the occurrence causing the damage, death, injury, or destruction a notice in writing by or on behalf of the person injured or claiming damages, if living, or the person's representative, if dead, or the owners of the property injured or destroyed is delivered to the city manager stating specifically and accurately in complete detail when, where, and how the exact death, injury, destruction, or damages occurred, the full extent of the injury, the basis of the claim, and the amount of damages claimed or asserted. This notice shall also include the residence of the claimant by street number on the date the claim is presented, the residence of the claimant for six (6) months immediately preceding the occurrence of the death, injury, or destruction, and the names and addresses of all witnesses that are known at the time upon who it is relied to establish the claim for damages; provided, however, nothing in this subsection shall be construed to affect or repeal the provision in subsection (e) of this section relating to the liability of the city for damages on account of injuries received on the public streets, highways, alleys, grounds, public works, and public places of the city. (e) about:blank 9/22/2016 Denton, TX Code of Ordinances Page 4 of 49 The City of Denton shall never be liable for personal injury or property damages resulting from any defect in any public street, highway, alley, grounds or public work of the city unless the specific defect causing the injury or damage shall have been known to the city manager from personal inspection or written notice thereof for a period of at least twenty-four (24) hours prior to the occurrence of the injury or damage and proper diligence shall not have been used to rectify the defect after such inspection or notice. Such notice shall be required whether the defect arose from any act or omission of the city itself through its agent or employee, or otherwise. (f) No provision of this section shall ever be so construed to expand the liability of the city. (Ord. No. 99-057, Amend. No. 3, 2-16-99, ratified 5-1-99; Ord. No. 2006-232, Amend. No. 2, 8-28- 06, ratified 11-7-06) Sec. 1.07. - Gender neutral. Whenever used in this Charter, a word importing the masculine gender only shall extend and be applied to include females, and, where applicable, to firms, partnerships, and corporations, as well as males. (Ord. No. 99-057, Amend. No. 4, 2-16-99, ratified 5-1-99) ARTICLE IL - THE COUNCIL Sec. 2.01. - Number, selection and term. (a) The city council shall have seven (7) members, six (6) councilpersons and a mayor. The manner of their election is prescribed herein. Each councilperson shall be elected to and occupy a place on the council, such places being numbered one (1), two (2), three (3), four (4), five (5) and six (6). The mayor's position on the council shall be place seven (7). (b) Four (4) members of the council whose positions shall be places one (1), two (2), three (3) and four (4), shall be residents of and elected by the qualified voters of single -member geographical districts of the city, known as districts one (1), two (2), three (3) and four (4), as such districts may from time to time be determined by the city council in accordance with Section 2.01(d), and created and described by ordinance. Two (2) members of the council and the mayor shall be elected by the qualified voters of the entire city, commonly known as at large. One (1) at large member, place five (5), shall be a resident of district one (1) or two (2), and one (1) at large member, place six (6), shall be a resident of district three (3) or four (4). about:blank 9/22/2016 Denton, TX Code of Ordinances Page 5 of 49 (c) (1) Each member of the council including the mayor shall hold a place on the city council, and shall be elected to such place for a two-year term. No member of the council or the mayor, who has been elected to three (3) consecutive full terms in a place, shall be eligible to file for election for that same place, whether elected before or after the effective date of this provision, without having first been off the council for at least one annual council election cycle. Nothing herein shall be deemed to prohibit the council members or the mayor from being elected to other places on the council or as mayor, so long as otherwise eligible, except that no council member or the mayor shall be elected to or serve for more than twelve (12) consecutive years. (2) A person who has become ineligible to serve pursuant to Section 2.01(c)(1) shall not be eligible to be elected to a place on the council or as mayor without having first been off the council for at least one annual council election cycle, after which such person shall regain eligibility for office, if otherwise eligible under this Charter. (d) The council shall from time to time create and describe by ordinance election districts known as districts one (1), two (2), three (3) and four (4). Such districts shall be created so that each will contain, as nearly as possible, a population equivalent to the others, according to the latest available census data. (Ord. No. 76-12, Amend. No. 1, 4-5-76; Ord. No. 79-86, § 2,12-11-79, ratified 1-19-80; Ord. No. 2009-199, Amend. No. 1, 9-1-09, ratified 11-3-09) Sec. 2.02. - Qualifications. (a) Each member of the council, in addition to having the other qualifications prescribed by law: (1) Shall be registered to vote in the city; (2) Shall have resided for at least one year next preceding his or her election within the corporate limits of Denton and, if running within a single member geographic district, or at large place five (5) requiring residency in district one (1) or two (2), or at large place six (6) requiring residency in district three (3) or four (4), as set forth in Section 2.01, in the district in which elected; further, shall continuously reside with the corporate limits of Denton and, if elected within a single member geographic district, or at large place five (5) requiring residency in district one (1) or two (2), or at large place six (6) requiring residency in district three (3) or four (4), in the district in which elected throughout his or her term of office. (3) Shall not hold any other public office of emolument; (4) about:blank 9/22/2016 Denton, TX Code of Ordinances Page 6 of 49 Shall have and maintain the eligibility requirements for municipal officers set forth in Section 141.001 of the Texas Election Code, Vernon's Texas Civil Statutes Annotated hereinafter referred to as "Election Code" as it may now read or hereafter be amended. (b) If a member of the council shall, after being elected, cease to possess any of these qualifications or eligibility requirements, or shall hold another office of emolument, or enter a plea of guilty to a felony, or be convicted of a felony he or she shall immediately forfeit his or her office. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 99-057, Amend. No. 5, 2-16-99, ratified 5-1-99; Ord. No. 2009-199, Amend. No. 2, 9-1-09, ratified 11-3-09) Sec. 2.03. - Presiding officer: Mayor and mayor pro tem. The mayor shall preside at the meetings of the council and shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of martial law, but shall not interfere with the managerial duties and responsibilities of the city manager. The mayor shall have all the same powers and privileges as any other councilmember, including entitlement to vote upon all matters considered by the council, but shall have no veto power. The council shall, as soon as possible after the annual election, elect from its membership a mayor pro tem. The mayor pro tem shall act as mayor during the absence or disability of the mayor. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 2009-199, Amend. No. 3, 9-1-08, ratified 11-3-09) Sec. 2.04. - Vacancies in council. Where a vacancy in any place on the council, including that of mayor, shall occur, the vacant place shall be filled by a special election, and, where necessary, by a runoff election, in the same manner as provided in this Charter for the regular election of the councilperson. Such special election shall be held on the first authorized uniform election date following the creation of the vacancy occurring on or after the thirtieth day after the date the election is ordered. The runoff election, where necessary, shall be held in accordance with the requirements of the Election Code and all other applicable laws; provided, however, that where a vacancy shall occur within one hundred and twenty (120) days of a regular election, no special election to fill the vacancy shall be called, unless more than one vacancy occurs. (Ord. No. 76-12, Amend. No. 2, 4-5-76; Ord. No. 99-057, Amend. No. 6, 2-16-99, ratified 5-1-99; about:blank 9/22/2016 Denton, TX Code of Ordinances Page 7 of 49 Ord. No. 2009-199, Amend. No. 3, 9-1-09, ratified 11-3-09) Sec. 2.05. - Meetings of the council. (a) As soon as practicable after each city council election and in accordance with state law, the council shall meet at the city hall and the newly -elected members shall qualify and assume the duties of office. Thereafter, the council shall meet regularly at city hall at such times as may be prescribed by its rules but not less frequently than once each calendar month. Special called meetings may be held from time to time at city hall or other locations accessible to the public. (b) Special meetings shall be called by the city secretary upon request of the mayor, city manager, or a majority of the members of the council. (c) The city manager shall attend all meetings of the council and may take part in the discussion of all matters coming before the council but shall have no vote. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 2006-232, Amend. No. 3, 8-28-06, ratified 11-7-06) Sec. 2.06. - Quorum, voting. (a) A majority of the members of the council shall constitute a quorum for the transaction of business, and the affirmative vote of a majority of the council shall be necessary to repeal any ordinance or take any official action in the name of the city, except as otherwise provided in this Charter or by the general laws of the State of Texas. (b) The ayes and noes shall be taken upon the passage of all ordinances or resolutions and the vote of each member shall be recorded in the minutes. (Ord. No. 76-12, Amend. No. 3, 4-5-76; Ord. No. 79-86, § 2,12-11-79, ratified 1-19-80) Sec. 2.07. - Rules of procedure, minutes The council shall determine its own rules of procedure and order of business. Except as may otherwise be provided by state law, such as certain executive sessions under the Texas Open Meetings Act, being Chapter 551 of the Texas Government Code, minutes of all meetings of the council shall be taken and preserved as a permanent record open to the public for inspection. (Ord. No. 2006-232, Amend. No. 4,8-28-06, ratified 11-7-06) about:blank 9/22/2016 Denton, TX Code of Ordinances Sec. 2.08. - Powers of the council. Page 8 of 49 Except as otherwise provided by this charter all powers of the city and the determination of all matters of policy shall be vested in the council. Without limitation of the powers granted or delegated to the city by the Constitution, statutes, or this Charter, the council shall have power to: (a) Appoint and remove the city manager. (b) Appoint and remove the city attorney, the city auditor, and the municipal court judge. (c) Approve members of all boards, commissions and committees serving the city. (d) Adopt the budget of the city. (e) Fix the salary of the city manager, city auditor, city attorney, and the municipal court judge. (f) Authorize by ordinance the issuance of bonds, assignments of revenue or warrants. (g) Approve plats. (h) Adopt and modify the official map of the city. (i) Adopt and modify the zoning plan, including any and all zoning and land use regulations to the fullest extent allowed by law. 0) Provide for the establishment and designation of fire limits and prescribe the kind and character of buildings, structures, or improvements which may be erected therein, and provide for the condemnation of dangerous or dilapidated buildings or structures which increase the fire hazard and the manner of their removal or destruction. (k) Adopt and modify the building code. (1) After receiving a recommendation from the planning commission adopt, modify and carry out plans proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas, and for the replanning, improvement and redevelopment of any area or district which may have been destroyed in whole or in part by disaster. (m) Regulate, license and fix the charges or fares made by any person, firm or corporation owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire or the transportation of freight for hire on the public streets or alleys of the city. (n) Provide by ordinance for the exercise of the police powers of the city. (o) Establish and maintain a free public library and to cooperate for such purposes with any person, firm, association or political subdivision in the manner prescribed by ordinance. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 9 of 49 (p) Provide by ordinance for the exercise by this city of any and all powers of local self- government not made self -enacting by this charter or by statute. (q) Inquire into the conduct of any office, department or agency of the city and make investigations of municipal affairs. (r) Provide for an independent audit. (s) Perform the districting and redistricting function. (Ord. No. 76-12, Amend. No. 4, 4-5-76; Ord. No. 79-86, § 2,12-11-79, ratified 1-19-80; Ord. No. 2006-232, Amend. No. 5, 8-28-06, ratified 11-7-06) Sec. 2.09. - Ordinances. (a) In addition to such acts of the council as are required by statutes or by this charter to be by ordinance, every act of the council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness, shall be by ordinance. The enacting clause of all ordinances shall be: "The Council of the City of Denton hereby ordains:" (b) Every ordinance shall be introduced in written, printed, or electronic form and passed in compliance with section 2.06 of this Article, authenticated by the signatures of the mayor (or mayor pro tem) and the city secretary and systematically recorded in an ordinance book in a manner approved by the council. It shall be necessary to record only the caption or title of each ordinance in the minutes of the council. (c) A full text of every penal ordinance, or in lieu thereof a descriptive caption or title stating in summary the purpose of the ordinance and the penalty for violation thereof, shall be published at least twice in the official newspaper of the City of Denton within ten (10) days after the passage of such ordinance; provided that any penal ordinance shall become effective not less than fourteen (14) days from the date of its passage. All other ordinances, except those specifically required by this charter to be published, are not required to be published in either the official newspaper of the city or in any other publication, and such ordinances shall become effective upon passage or on the date specified therein. (d) The council shall have power to cause the ordinances of the city to be corrected, amended, revised, codified and printed in code form as often as the council deems necessary and advisable, and such printed code, when adopted by the council, shall be in full force and effect without the necessity of publishing the same or any part thereof in the official about:blank 9/22/2016 Denton, TX Code of Ordinances Page 10 of 49 newspaper except that the ordinance adopting the same shall be published one time in the official newspaper of the city. Such printed code shall be admitted in evidence in all courts and places without further proof. (Ord. No. 2006-232, Amend. No. 6, 8-28-06, ratified 11-7-06) Sec. 2.10. - Council not to interfere in appointments or removals. Neither the council nor any of its members shall direct or request the appointment of any person to, or his or her removal from, office by any officer appointed by the city council under Sec. 2.08 of this Charter or by any of his or her subordinates. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the officers appointed by the city council and neither the council nor any member thereof shall give orders to any subordinates of the officers appointed by the city council, either publicly or privately. (Ord. No. 2009-199, Amend. No. 4, 9-1-09, ratified 11-3-09) Sec. 2.11. - Employee bonds. The council shall require bonds of all municipal officers and employees who receive or pay out any monies of the city. The amount of such bonds shall be determined by the council and the cost thereof shall be borne by the city. Sec. 2.12. - City secretary. The city secretary shall be appointed by the city manager subject to the approval of the council. He shall serve as clerk of the council, give notice of its meetings, keep the journal of its proceedings, authenticate by his signature and record in full in a book kept for the purpose all ordinances and resolutions, and perform such other duties as this charter may provide or as the city manager may assign him. Sec. 2.13. - Independent annual audit. (a) Prior to the end of each fiscal year, the council shall designate a certified public accountant who, as of the end of the fiscal year, shall make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit his report to the council and to the city manager. Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the city government or of any of its officers. He shall not about:blank 9/22/2016 Denton, TX Code of Ordinances Page 11 of 49 maintain any accounts or records of the city business, but within specifications approved by the council, shall post -audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city government. (b) A copy of such audit shall be kept in the office of the city secretary subject to inspection by any citizen during regular office hours. ARTICLE III. - NOMINATIONS AND ELECTIONS Sec. 3.01. - Municipal elections. (a) The regular election for the choice of members of the City Council as provided in Article II shall be held each year on the uniform election day for municipal elections in May established by the Election Code. The Council may by resolution or ordinance order special elections which shall be held as nearly as practicable according to the provisions for a regular election. The hours and places for holding all City elections shall be determined by the City Council. All elections shall be conducted in accordance with the Election Code and all other applicable laws as they now read or may hereafter be amended. (b) On the first Saturday in April immediately following adoption of Section 2.01, and the drawing of election district boundaries by the council, the voters shall elect: (1) The mayor, place seven (7), for a term of two (2) years. (2) Two (2) councilmembers, places five (5) and six (6), for terms of two (2) years each. (3) One (1) councilmember for an interim term of one (1) year. This position shall be denominated for such interim term as place four (4) and such councilmember shall be elected from the city at large and may be a resident of any district. At the next following regular annual municipal election after the one referred to above in this section, the district and at large system provided in Section 2.01 shall take full effect. (c) Councilmembers holding office at the time the charter amendments to Section 2.01 are adopted (places one (1), two (2) and three (3)) shall serve the remainder of their unexpired terms as at large members of the council. (d) If any councilmember whose term would not otherwise expire at the time of the canvass of the results of the election specified in Section 3.01(b) shall enter said election, such councilmember's term shall be deemed to have been vacated at the time of the canvass of said election results, whether the candidacy of said councilmember is successful or not. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 12 of 49 (e) Neither the mayor nor any member of the council shall become a candidate for election to any position on the council, other than for reelection to the same seat, unless such candidate shall first submit to the city secretary his written resignation from the council to be effective at the time of the canvass of the results of the next regularly scheduled election. If such candidate's unexpired term would otherwise extend beyond the date of such canvass, the city secretary shall notify the council and an election shall be held on the date of the next regularly scheduled election to fill the unexpired term of said resigning councilmember. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 99-057, Amend. No. 7, 2-16-99, ratified 5-1-99; Ord. No. 2006-232, Amend. No. 7, 8-28-06, ratified 11-7-06) Sec. 3.02. - Nominations. (a) Any qualified person may have his or her name placed on the ballot as a candidate for councilmember by filing with the city secretary not more than ninety (90) days nor less than thirty (30) days prior to the date of election an application in substantially the following form: I, , do hereby declare that I am a candidate for the Council of the City of Denton and request that my name be printed upon the official Ballot for that office in the next city election. I am aware of the nepotism law, chapter 573 of the Government Code. I am qualified to serve on the council with respect to the qualifications set forth in the Charter. I reside at Denton, Texas. Signed The foregoing petition was filed with the City Secretary on the day of City Secretary M about:blank 9/22/2016 Denton, TX Code of Ordinances Page 13 of 49 As an alternative method, any qualified person may be nominated for councilmember by a written petition signed by the greater twenty five (25) qualified voters of the city or one-half of one percent of the total votes received by all candidates for mayor in the most recent mayoral general election, provided the candidate signs the petition certifying his or her acceptance. One such petition shall be circulated and signed for each nominee or candidate. With each signature shall be stated the place of residence of the signer, giving the street and number or other description sufficient to identify it. Nominating petitions shall be filed with the city secretary not more than ninety (90) days nor less than thirty (30) days before the election day, and shall be in substantially the following form: We, the undersigned electors of the City of Denton, hereby nominate whose residence address is as a candidate for councilmember of the City of Denton, to be voted for at the election to be held on the day of 19 ; and we individually certify that we are qualified to vote for a candidate for the council. Name Address Date of Signing (Spaces for the greater twenty five (25) or one-half of one percent of the total votes received for candidates for Mayor signatures and required data) Acceptance of Nomination I am qualified to serve on the council of the City of Denton with respect to the qualifications set forth in this Charter. I hereby accept the nomination for councilmember and agree to serve if elected. Signature of Candidate Statement of Circulator about:blank 9/22/2016 Denton, TX Code of Ordinances Page 14 of 49 The undersigned is the circulator of the foregoing petition containing signatures. Each signature was appended thereto in my presence and is the genuine signature of the person whose name it purports to be. Signature of Circulator Address of Circulator The foregoing petition was filed with the City Secretary on the day of , 19 City Secretary (Ord. No. 99-057, Amend. No. 8, 2-16-99, ratified 5-1-99) Sec. 3.03. - Official ballot. The city secretary shall make up the official ballot from the names presented to him. The order in which the names of the candidates for each place shall appear on the ballot shall be determined by lot in a drawing held under the supervision of the city secretary, at which drawing each candidate or his designated representative shall have a right to be present. All official ballots shall be printed at least twenty (20) days prior to the date of any general or special election, and absentee voting shall be governed by the general laws of the State of Texas. Sec. 3.04. - Canvass: Election returns, results. (a) about:blank 9/22/2016 Denton, TX Code of Ordinances Page 15 of 49 Immediately after counting the votes, the presiding judge shall deliver the official returns of the election to the city secretary. Not earlier than the third day or later than the sixth day after the election or as otherwise required by the Election Code and all other applicable laws, the city council shall canvass the returns and declare the results. The returns of every municipal election shall be recorded in the minutes of the council. (b) The candidates receiving the majority of the votes cast for each place shall be declared elected. If no candidate receives a majority, or if there is a tie for any one place, the council shall order a runoff election which shall be held not earlier than the twentieth or later than the thirtieth day after the date the final canvass of the regular election is completed or as otherwise required by the Election Code and all other applicable laws. Only the names of the candidates who tie for the highest number of votes cast for that place, or the two (2) candidates who receive the highest number of votes with neither having a majority of votes cast for that place, shall be printed on the ballot for each election. In the event of a tie vote at the runoff election, the candidates who tie shall cast lots in the presence of the City Secretary to determine which one shall be declared elected, and said lots shall be cast within five (5) days of the runoff election in accordance with Section 2.028 of the Election Code and all other applicable laws. (c) Immediately after the election results have been declared the mayor shall deliver certificates of election to the successful candidates. Each councilman shall take the oath of office as soon thereafter as practicable at which time his term of office shall begin. (Ord. No. 76-12, Amend. No. 1, 4-5-76; Ord. No. 79-86, § 2,12-11-79, ratified 1-19-80; Ord. No. 99- 057, Amend. No. 9, 2-16-99, ratified 5-1-99) Sec. 3.05. - Regulation of elections. Except as otherwise provided by this charter, all city elections shall be governed by the applicable provisions of the Election Code of the State of Texas, as now or hereafter amended. The council shall have the power to make such additional regulations as may be necessary. State Law reference— Elections, V.T.C.A., Election Code § 1.005 et seq. ARTICLE IV. - INITIATIVE, REFERENDUM AND RECALL Sec. 4.01. - Power of initiative. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 16 of 49 The electors shall have power to propose any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the proposed ordinance at the polls, such power being known as the initiative. Any initiative ordinance may be submitted to the council by a petition signed by qualified voters of the city equal in number to at least twenty-five percent of the number of votes cast at the last regular municipal election. Sec. 4.02. - Power of referendum. The electors shall have power to approve or reject at the polls any ordinance passed by the council or submitted by the council to a vote of the electors, except an ordinance appropriating money, issuing bonds or authorizing the levying of taxes, such power being known as the referendum. Within twenty (20) days after the enactment by the council of any ordinance which is subject to a referendum, a petition signed by qualified voters of the city equal in number to at least twenty-five percent (25%) of the number of votes cast at the last preceding regular municipal election may be filed with the city secretary requesting that any such ordinance be either repealed or submitted to a vote of the electors. Sec. 4.03. - Form of petition, committee of petitioners. Initiative petition papers shall contain the full text of the proposed ordinance. Referendum petition papers shall contain the full text of the ordinance which they propose to repeal. The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer shall sign his name in ink or indelible pencil and shall give after his name his place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of the same five (5) electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all the signatures were appended thereto in his presence and that he believes them to be the genuine signatures of the persons whose names they purport to be. Sec. 4.04. - Filing, examination and certification of petitions. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 17 of 49 All papers comprising an initiative or referendum petition shall be assembled and filed with the city secretary as one instrument. Within twenty (20) days after a petition is filed, the city secretary shall determine whether each paper of the petition bears the required affidavit of the circulator and whether the petition is signed by a sufficient number of qualified voters. After completing his examination of the petition, the city secretary shall certify the result thereof to the council at its next regular meeting. If he shall certify that the petition is insufficient he shall set forth in his certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of his findings. Sec. 4.05. - Amendment of petitions. An initiative or referendum petition may be amended at any time within ten (10) days after the notification of insufficiency has been sent by the city secretary, by filing a supplementary petition upon additional papers signed and filed as provided in the case of an original petition. The city secretary shall within five (5) days after such an amendment is filed, examine the amended petition and, if the petition is still insufficient, he shall file his certificate to that effect in his office and notify the committee of the petitioners of his findings and no further action shall be had on such insufficient petition. The findings of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Sec. 4.06. - Effect of certification of referendum petition. When a referendum petition, or amended petition as defined in section 4.05 of this article, has been certified as sufficient by the city secretary, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors as hereinafter provided. Sec. 4.07. - Consideration by council. Whenever the council receives a certified initiative or referendum petition from the city secretary, it shall proceed at once to consider such petition. A proposed initiative ordinance shall be read and provision shall be made for a public hearing upon the proposed ordinance. The council shall take final action on the ordinance within sixty (60) days after the date on which such ordinance was certified to the council by the city secretary. A referred ordinance shall be reconsidered by the council and its final vote upon such reconsideration shall be upon the question, "Shall the ordinance specified in the referendum petition be repealed?" about:blank 9/22/2016 Denton. TX Code of Ordinances Sec. 4.08. - Submission of electors. Page 18 of 49 If the council shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a form different from that set forth in the petition therefor, or if the council shall fail to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors not less than thirty (30) days nor more than sixty (60) days from the date the council takes its final vote thereon. If no regular election is to be held within such period the council shall provide for a special election. Sec. 4.09. - Form of ballot for initiated and referred ordinances. Ordinances submitted to a vote of the electors in accordance with the initiative and referendum provisions of this charter shall be submitted by ballot title, which shall be prepared in all cases by the city attorney. The ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance. If a paper ballot is used it shall have below the ballot title the following propositions, one above the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. If voting machines are used, the ballot title shall have below it the same two (2) propositions, one above the other or one preceding the other in the order indicated, and the elector shall be given an opportunity to vote for or against the ordinance. Sec. 4.10. - Results of election, publication. (a) If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. (b) Initiative ordinances adopted and referendum ordinances approved by the electors shall be published, and may be amended or repealed by the council in the same manner as other ordinances. Sec. 4.11. - Recall of councilmen. Any member of the city council may be removed from office by a recall election. about:blank 9/22/2016 Denton, TX Code of Ordinances Sec. 4.12. - Recall petition, committee of petitioners. Page 19 of 49 Recall petition papers shall contain the name of the councilman (or names of the councilmen) whose removal is sought, and a clear and concise statement of the grounds for his (or their) removal. There shall appear at the head of each petition the names and addresses of five electors, who, as a committee of the petitioners shall be regarded as responsible for the circulation and filing of the petition. Each signer of any petition paper shall sign his name in ink or indelible pencil and give after his name his place of residence by street and number, or other description sufficient to identify the place, and the date his signature was affixed. No signature to such petition shall remain effective or be counted which was placed thereon more than forty-five (45) days prior to the filing of such petition with the city secretary. The signatures to a recall petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures were appended thereto in his presence and that he believes them to be the genuine signatures of the persons whose names they purport to be. Sec. 4.13. - Filing and certification of petitions, recall election. (a) All papers comprising a recall petition shall be assembled and filed with the city secretary as one instrument. Within seven (7) days after a petition is filed, the city secretary shall determine whether each paper bears the names of five (5) electors who constitute a committee of the petitioners, and the required affidavit of the circulator thereof, and whether the petition is signed by qualified voters of the constituency of the councilmember whose removal is sought equal in number to at least twenty-five (25) percent of the number of the votes cast for that councilmember and all of his opponents in the last preceding general municipal election in which he was a candidate. As used herein "constituency" shall mean the qualified voters eligible to vote for the councilmember whose removal is sought, either by geographical district or at large, as the case may be. (b) If the city secretary finds the petition insufficient he shall return it to the committee of the petitioners, without prejudice, however, to the filing of a new petition based upon new and different grounds, but not upon the same grounds. If the city secretary finds the petition sufficient and in compliance with the provisions of this Article of the Charter he shall submit the petition and his certificate of its sufficiency to the council at its next regular meeting and immediately notify the councilman whose removal is sought of such action. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 20 of 49 (c) If the councilman whose removal is sought does not resign within seven (7) days after such notice the city council shall thereupon order and fix a date for holding a recall election not less than thirty (30) nor more than sixty (60) days after the petition has been presented to the council. If no general election is to be held within this time the council shall provide for a special election. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80) Sec. 4.14. - Recall election ballots. Ballots used at recall elections shall conform to the following requirements: (a) With respect to each person whose removal is sought the question shall be submitted: "SHALL (name of person) BE REMOVED FROM THE CITY COUNCIL BY RECALL?" (b) Immediately below each such question shall be printed the two following propositions, one above the other, in the order indicated: "YES" "NO" Sec. 4.15. - Results of recall election. If a majority of the votes cast at a recall election shall be against the recall of the councilman named on the ballot, he shall continue in office. If a majority of the votes cast at a recall election be for the recall of the councilman named on the ballot, he shall be deemed removed from office and the vacancy shall be filled in the manner prescribed in Article II, section 2.04 of this charter. Sec. 4.16. - Limitations on recalls. No petition shall be filed against a councilmember within six (6) months after he takes office nor against a councilmember who has been subjected to a recall election and not removed thereby until at least six (6) months after such election. Should a regular election occur during the time when a recall petition is current and should the person(s) being recalled be reelected, the recall petition shall be null and void. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80) Sec. 4.17. - District judge may order election. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 21 of 49 Should the city council fail or refuse to order any recall election when all of the requirements for such election have been complied with by the petitioning electors in conformity with this Article of the charter, then it shall be the duty of the District Judge of Denton County, upon proper application therefor, to order such election and effectuate the provisions of this Article of the charter. ARTICLE V. - THE CITY MANAGER Sec. 5.01. - The city manager: qualifications. The city manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in or his knowledge of accepted practice in respect to the duties of his office, as hereinafter set forth, provided that any person who is appointed city manager must have had at least two (2) years of experience as a city manager or assistant city manager, or the equivalent thereof. At the time of his appointment he need not be a resident of the city or state but during his tenure of office he shall reside within the city. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80) Sec. 5.02. - The city manager: term and salary. (a) The council shall appoint the city manager for an indefinite term and may remove him by a majority vote of its members. At least thirty (30) days before such removal shall become effective, the council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for his removal. The city manager may reply in writing and may request a hearing at a public meeting of the council, which shall be held not earlier than twenty (20) days nor later than thirty (30) days after the filing of such request. Pending such hearing the council may suspend the city manager from duty but may not suspend or reduce his salary. After such public hearing, if one be requested, and after full consideration, the council by majority vote of its members may adopt a final resolution of removal. (b) The city manager's salary shall be fixed by the council. Sec. 5.03. - The city manager: powers and duties. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 22 of 49 The city manager shall be the chief executive officer and the head of the administrative branch of the city government. He shall be responsible to the council for the proper administration of all affairs of the city placed under his control by this Charter or by ordinance or resolution of the council, and to that end he shall: (a) Appoint and remove any employee of the city, except as otherwise provided by this Charter and except as he, or she may authorize the head of a department to appoint and remove subordinates in such department. (b) Prepare the annual budget and submit it to the council and be responsible for its administration after adoption. (c) Prepare and submit to the council at the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year. (d) Attend all meetings of the council, with the right to take part in the discussion, but having no vote. (e) Keep the council advised of the financial condition and future needs of the city and make such recommendations as may seem to him desirable. (f) Appoint, subject to the approval of the council, the city secretary. (g) Perform such other duties as may be prescribed by this Charter or required of him by the council not inconsistent with this Charter. (Ord. No. 2006-232, Amend. No. 8, 8-28-06, ratified 11-7-06) Sec. 5.04. - Absence of city manager. To perform his duties during his temporary absence or disability, the [city] manager shall designate by letter filed with the city secretary a qualified administrative officer of the city. The administrative officer thus designated shall perform the duties of the [city] manager until he shall return or his disability shall cease or until the council by resolution designates another officer of the city to perform such duties. Sec. 5.05. - Administrative departments. The city manager is hereby authorized to organize the employees of the city into various departments and divisions with the concurrence of the city council. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80) about:blank 9/22/2016 Denton, TX Code of Ordinances Secs. 5.06, 5.07. - Reserved. Page 23 of 49 Editor's note— Ord. No. 79-86, § 2, adopted Dec. 11, 1979, and ratified Jan. 19, 1980, deleted former sections 5.06 and 5.07 which pertained to directors of departments and departmental divisions and were derived unamended from the Charter adopted Feb. 24, 1959. ARTICLE VI. -CITY ATTORNEY, MUNICIPAL COURT AND CITY AUDITOR Sec. 6.01. - City attorney: appointment. The city attorney, who shall be head of the legal department, shall be a qualified attorney-at- law licensed to practice in the State of Texas. He, or she shall be appointed by the council, and serve at the pleasure of the city council. He, or she shall receive such compensation as may be fixed by the council. (Ord. No. 2006-232, Amend. No. 9, 8-28-06, ratified 11-7-06) Sec. 6.02. - City attorney: powers and duties. (a) The city attorney shall represent the city in all litigation and controversies and shall prosecute all cases brought before the municipal court. He, or she shall draft, approve or file his, or her written opinion on the legality of every proposed ordinance before it is acted upon by the council, and shall pass upon all documents, contracts and other legal instruments in which the city may have an interest. (b) He, or she shall be the legal advisor of the city manager, city council, and of all boards, commissions, agencies, officers and employees with respect to any legal question involving their official powers or duties. He, or she shall perform such other duties as may be required by statute, by this Charter or by ordinance. (c) The council may authorize the appointment of such assistant city attorneys as may be needed to perform the duties of this department. The city attorney may designate an assistant city attorney to act as city attorney in case of his or her temporary absence of not more than three weeks. The council may authorize the appointment of a temporary city attorney to act for the city attorney in the case of a longer temporary absence or disability. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 2006-232, Amend. No. 9, 8-28-06, ratified 11-7-06) Sec. 6.03. - Municipal court. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 24 of 49 (a) There is hereby established a court which shall be known as the "Municipal Court No. 1 of the City of Denton." Municipal Court No. 1 shall have the jurisdiction and be conducted as a municipal court of record in accordance with Vernon's Texas Codes Annotated Texas Government Code subchapter FF, chapter 30, §§ 30.1211 through 30.01233 inclusive and applicable state law as these laws may now read or hereafter be amended. All costs and fines imposed by the municipal court shall be paid into the city treasury for the use and benefit of the city. The city council may, by ordinance, create additional municipal courts or municipal courts of record if so authorized under the provisions of applicable law. (b) The municipal judge shall preside over the municipal court. The municipal judge shall be a qualified attorney-at-law licensed to practice in the State of Texas in good standing and shall have such other qualifications as required by subchapter FF of chapter 30 of the Texas Government Code and other applicable laws as these laws may now read or hereafter be amended. He or she shall be appointed by, and shall serve at the pleasure of the council. The municipal judge shall receive such compensation as may be fixed by the council. The municipal judge shall have all the powers and duties assigned to a municipal judge by the Charter, other city ordinances, subchapter FF of chapter 30 of the Texas Government Code, or other applicable state laws. (c) There shall be one regularly scheduled session of the court each week and as many other sessions as, in the discretion of the municipal judge, may be necessary for the timely transaction of the business of the court. (d) The council may appoint such assistant municipal judges or additional municipal judges as may be necessary to perform the duties of the municipal court or a temporary municipal judge to act for the municipal judge in the case of his or her temporary absence or disability, and such assistant, additional, or temporary municipal judge shall receive such compensation as may be set by the council. All such assistant, additional, or temporary municipal judges, when appointed, shall have all of the other powers and duties assigned to the municipal judge herein. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 99-057, Amend. No. 10, 2-16-99, ratified 5-1-99) Sec. 6.04. - City auditor. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 25 of 49 The city auditor shall be appointed by the council and shall serve at the pleasure of the council,'and shall perform such auditing duties as may be assigned from time to time by the council, or by the city manager at the direction of the council. (Ord. No. 2006-232, Amend. No. 9, 8-28-06, ratified 11-7-06) ARTICLE VII. - REVENUE AND TAXATION[21 Footnotes: --- (2) --- Editor's note -Ord. No. 79-86, §2, adopted Dec. 11, 1979, and ratifi'edJan. 19, 1980, deleted formersections 7.01-7.15 and 7.17-7.23 which pertained to the director offinance; procedures relative to accounting, payment ofclaims, purchasing, disbursement of funds, payment of claims and audits; the treasurer- the tax assessor -collector- the board of equalization and procedures relative to taxation and were derived from the Charter adopted Feb. 24, 1959, as amended by Ord. No. 76-12, Amend. No. 5, adopted April 5, 1976. Section 2 of Ord. No. 79-86 also renumbered former sections 7.16 and 7.24-7.29 as sections 7.01-7.07. Sec. 7.01. - Property subject to tax. The city council is authorized to levy and collect taxes, to seize and sell property for delinquent taxes, to create tax liens, and to exercise all other powers and authority pursuant to the Tax Code, Vernon's Texas Codes Annotated and all other applicable laws as they now read or may hereafter be amended. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 99-057, Amend. No. 11, 2-16-99, ratified 5-1-99) Sec. 7.02. - Reserved. Editor's note- Ord. No. 99-057, Amend. No. 1, adopted February 16, 1999, ratified May 1, 1999, repealed § 7.02, which pertained to payment, delinquencies, and penalties, and derived from Ord. No. 79-86, § 2, adopted Dec. 11, 1979, ratified Jan. 19, 1980. Sec. 7.03. - Reserved. Editor's note- Ord. No. 99-057, Amend. No. 11, adopted February 16, 1999, ratified May 1, 1999, repealed § 7.02, which pertained to seizure and sale of property for delinquent taxes, and derived from Ord. No. 79-86, § 2, adopted Dec. 11, 1979, ratified Jan. 19, 1980. Sec. 7.04. - Reserved. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 26 of 49 Editor's note— Ord. No. 99-057, Amend. No. 11, adopted February 16, 1999, ratified May 1, 1999, repealed § 7.02, which pertained to tax liens, and derived from Ord. No. 79-86, § 2, adopted Dec. 11, 1979, ratified Jan. 19, 1980. Sec. 7.05. - Ratification. All taxes heretofore assessed by the City of Denton are ratified and all ordinances relating to taxes now in force shall continue until amendment or repeal by the council. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80) Sec. 7.06. - General powers. In addition to the powers herein conferred with reference to the assessment and collection of taxes, the City of Denton shall have and may exercise all powers and authority now conferred or that may hereafter be conferred upon cities having a population of more than five thousand (5,000) inhabitants by the general laws of the State of Texas. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80) Sec. 7.07. - Borrowing in anticipation of property taxes. In any budget year, in anticipation of the collection of the property tax for such year, whether levied or to be levied in such year, the council may by resolution authorize the borrowing of money by the issuance of negotiable notes of the city, each of which shall be designated "Tax Anticipation Note for the Year 19 " (stating the budget year). Such notes shall not be renewable but shall mature and be paid not later than the end of the fiscal year in which the original notes have been issued. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80) ARTICLE VIII. - BUDGET Sec. 8.01. - Fiscal year. The fiscal year of the city government which began on June 1, 1958, shall end on May 31, 1959. The next succeeding fiscal year shall begin on June 1, 1959, and end on September 30, 1959, and shall constitute an interim fiscal period. After September 30, 1959, the fiscal year of the city about:blank 9/22/2016 Denton, TX Code of Ordinances Page 27 of 49 shall begin on the first day of October and end on the last day of September of each calendar year. The fiscal year established by this charter shall also constitute the budget and accounting year. Sec. 8.02. - Interim budget. The city manager shall submit to the council an interim budget which shall be prepared, as nearly as practicable in accordance with the requirements for the budget document herein prescribed, for the interim fiscal period hereinabove established. Following the approval of such interim budget, the council shall enact such appropriation or other ordinances as may be necessary for the effectuation of the interim budget. Sec. 8.03. - Preparation and submission of budget. Within the time period required by law, the city manager shall submit to the council a proposed budget for the ensuing fiscal year. The budget shall provide a complete financial plan for the fiscal year, and the budget shall be prepared on the basis of policy priorities defined by the council for the city manager at least one hundred twenty (120) days before the end of the fiscal year. (Ord. No. 76-12, Amend. No. 6, 4-5-76; Ord. No. 2006-232, Amend. No. 10, 8-28-06, ratified 11-7- Sec. 8.04. - Public hearing on budget. The council shall hold a public hearing on the proposed budget.. Any taxpayer of the municipality may attend and may participate in the hearing, which shall be set for a date after the fifteenth day after the date the proposed budget is filed with the city secretary but before the date the city council makes its tax levy. The council shall provide for public notice of the date, time, and location of the hearing. In addition to this notice, the city council shall publish notice before the public hearing related to the budget in at least one newspaper of general circulation in Denton County. This notice shall be published not earlier than the thirtieth or later than the tenth day before the date of the public hearing. The city council shall provide such other notice as may be required by state and all other applicable law. The city council may make such changes in the budget that it considers warranted by the law or by the best interests of the municipal taxpayers and may increase or decrease the items of the budget provided the total proposed expenditures shall not exceed the total anticipated revenue. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 28 of 49 (Ord. No. 99-057, Amend. No. 12, 2-16-99, ratified 5-1-99) Sec. 8.05. - Adoption of budget. The budget shall be finally adopted by the favorable votes of at least a majority of all members of the council after the conclusion of the public hearing. Should the council take no final action at the conclusion of the public hearing and before the end of the fiscal year, the budget as submitted by the city manager shall be deemed to have been finally adopted by the council. (Ord. No. 99-057, Amend. No. 13, 2-16-99, ratified 5-1-99) Sec. 8.06. - Budget establishes appropriations and tax levy. Upon final adoption, the budget shall be in effect for the budget year. Final adoption of the budget by the council shall constitute the official appropriation of the several amounts stated therein as proposed expenditures for the budget year. A copy of the budget as finally adopted shall be filed with the city secretary, the county clerk of Denton County and the state comptroller of public accounts in Austin. All appropriations that have not been expended or lawfully encumbered shall lapse at the end of the budget year. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80) Sec. 8.07. - Transfer of appropriations. At any time during the fiscal year, the city manager may transfer any part of the unencumbered appropriation balance or the entire balance thereof between programs or general classifications of expenditures within an office, department, agency, or organizational unit. At any time during the fiscal year, at the request of the city manager the council may by resolution transfer any part of the unencumbered appropriation balance or the entire balance thereof from one office, department, agency, or organizational unit to another. (Ord. No. 99-057, Amend. No. 14, 2-16-99, ratified 5-1-99) Sec. 8.08. - Amending the budget. The budget may be amended for municipal purposes by the affirmative vote of at least five (5) members of the council, in accordance with applicable law. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 29 of 49 (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 2006-232, Amend. No. 11, 8-28-06, ratified 11-7-06) Sec. 8.09. - Budget a public record. The budget, budget message and all supporting schedules shall be a public record in the office of the city secretary open to public inspection. The city manager shall cause sufficient copies of the budget and budget message to be prepared for distribution to interested persons. ARTICLE IX. - BORROWING FOR PERMANENT IMPROVEMENTS Sec. 9.01. - Power to issue bonds. (a) The City of Denton shall have the right and power to issue general obligation bonds to finance any capital project which it may lawfully construct or acquire or for any other legitimate public purpose. The general obligation bonded debt of the city shall only be increased by the consent of the majority of the qualified voters of the city voting at an election held for that purpose. A bond election shall be ordered and notice given by ordinance, consistent with the requirements for holding elections set forth in Article III of this Charter and in accordance with the applicable laws of the State of Texas as they now read or may hereafter be amended. (b) The city shall have the power to issue revenue bonds against the anticipated revenues of any municipally -owned utility or other self-liquidating municipal function to pay the debt incurred on account of such utility or function. In no event shall revenue bonds be considered an indebtedness of the city nor be repaid from bonds secured by taxation. (c) No bonds or warrants shall be issued to fund any overdraft or indebtedness incurred for current expenses of the city government. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 99-057, Amend. No. 15, 2-16-99, ratified 5-1-99) Sec. 9.02. - Bond ordinance and election. (a) After approval by a majority of the qualified voters voting at a general obligation bond election called for the purpose of authorizing the issuance of general obligation bonded debt, the city shall authorize the issuance of such bonds by a bond ordinance passed by an about:blank 9/22/2016 Denton, TX Code of Ordinances Page 30 of 49 affirmative vote of a majority of all members of the council. The city council may approve the issuance of revenue bonds without an election by authorizing the issuance of such bonds by bond ordinance passed by an affirmative vote of the majority of all members of the council. (b) Before any bond ordinance is passed by the council an attorney or attorneys specializing in municipal bonds shall be retained by the city to advise with the council in all matters pertaining to the proposed bond ordinance, and no action shall be taken until a written instrument has been prepared by the bond attorneys certifying the legality of the proposal. The bond attorneys shall assist the city attorney and the council in preparing all ordinances and other legal instruments required in the execution and sale of any bonds issued. (c) The election ordinance on a bond proposal shall provide for proper notice, the calling of the election and the propositions to be submitted. It shall distinctly specify: (1) The purpose for which the bonds are to be issued, and where possible, the probable period of usefulness of the improvements for which the bond funds are to be expended. (2) The amount thereof. (3) The rate of interest, if known. (4) The levy of taxes sufficient to pay interest and sinking fund. (5) That the bonds to be issued shall mature serially within a given number of years. (6) A determination of the net debt of the city after issuance of the bonds thereby authorized, together with a declaration that the bonds thereby authorized will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas. (Ord. No. 99-057, Amend. No. 16, 2-16-99, ratified 5-1-99; Ord. No. 2006-232, Amend. No. 12, 8-28- 06, ratified 11-7-06) Sec. 9.03. - Execution of bonds. All bonds shall be signed by the mayor, countersigned by the city secretary, and imprinted with the seal of the city, and shall be payable at such time as may be fixed, not more than forty (40) years from their date. Sec. 9.04. - Sale of bonds. All bonds shall be sold in accordance with applicable law. (Ord. No. 2006-232, Amend. No. 13, 8-28-06, ratified 11-7-06) about:blank 9/22/2016 Denton, TX Code of Ordinances Page 31 of 49 Sec. 9.05. - Sinking fund for general obligation bonds. It shall be the duty of the council each year to levy a tax sufficient to pay the interest and provide the necessary sinking fund required by law on all general obligation bonds outstanding, and if a deficiency appears at any time in such fund the council shall, for the next succeeding year, levy an additional tax sufficient to discharge such deficiency. Sec. 9.06. - Bond register. The director of finance shall prepare, maintain and cause to be filed in the office of the city secretary a complete bond register, showing all bonds, the date and amount thereof, the rate of interest, a schedule of maturity dates, and a record of all bonds and all other transactions of the council having reference to the refunding of any indebtedness of the city. When bonds or their coupons are paid, their payment or cancellation shall be noted in the register. Sec. 9.07. - Misapplication of bond funds. Any officer or employee of the city who shall wilfully or knowingly, direct or use any funds arising from the issuance of any bond or sinking fund for any other purpose than that for which the fund is created or is herein otherwise authorized, shall be subject to prosecution as provided by the laws of the state on the diversion and conversion of funds belonging to any of the municipalities of the state. Sec. 9.08. - Assessments for improvements. All of the terms, powers and applicable provisions of Chapter 9, Title 28, of the Revised Civil Statutes of the State of Texas, as now or hereafter amended, relating to assessments for street improvements are hereby adopted as a part of this charter and hereby constitute an alternative authority and method which the City of Denton may use in improving streets, alleys, and public places and levying assessments therefor; provided, the city shall have the power in all cases to make such improvements with its own forces if, in the opinion of the council, the work can be done more expeditiously or economically. ARTICLE X. - PLANNING AND ZONING Sec. 10.01. - Reserved. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 32 of 49 Editor's note— Ord. No. 79-86, § 2, adopted Dec. 11, 1979, and ratified Jan. 19, 1980, deleted former section 10.01 which pertained to the director of planning and was derived unamended from the Charter adopted Feb. 24, 1959. Sec. 10.02. - Planning and zoning commission. (a) There shall be a planning and zoning commission which shall consist of seven (7) members, who, during their respective terms of office and for at least one year prior to beginning thereof, shall be residents of the City of Denton. They shall be appointed by the council for a term of two (2) years, provided four (4) members shall be appointed each odd -numbered year and three (3) members each even -numbered year. (b) None of the appointed members shall hold any other public office or position in the city while serving on the planning and zoning commission. The planning and zoning commission shall elect its chairman from among its members. Seven (7) members shall serve without pay and shall adopt such rules and regulations as they deem best governing their actions, proceedings, deliberations, and the times and places of meetings, subject to council review. (c) If a vacancy occurs in the city planning and zoning commission the council shall appoint a commissioner to fill such vacancy for the unexpired term. (Ord. No. 76-12, Amend. No. 7, 4-5-76; Ord. No. 2006-232, Amend. No. 14, 8-28-06, ratified 11-7- 06) Sec. 10.03. - Planning and zoning commission: Powers and duties. (a) In addition to the powers and duties set forth in this charter, the planning and zoning commission shall have the powers and duties of a planning and zoning commission under state law, including without limitation those under Chapters 211 and 212 of the Texas Local Government Code, as may be amended from time to time, and shall perform such other powers and duties as may be assigned by the council. The planning and zoning commission may: (1) Make, amend, extend and add to the master plan for the physical development of the city. (2) Recommend to the council regulations governing the platting or subdividing of land within the city. (The applicable provisions of Chapter 212 of the Texas Local Government Code as now or hereafter amended, are hereby adopted and made a part of this charter, and shall be controlling on the planning and zoning commission.) about:blank 9/22/2016 Denton, TX Code of Ordinances Page 33 of 49 (3) Make recommendations to the council regarding proposed changes to the official map of the city and keep such map up-to-date so as to reflect any changes in the boundary or the zoning plan of the city. (4) Make and recommend plans for the clearance and rebuilding of any slum districts or blighted areas within the city. (5) Make recommendations to the council regarding proposed changes in the zoning plan and ordinance of this city and have all the power, duty and authority of a zoning commission as provided in Chapter 211 of the Texas Local Government Code, as now or as hereinafter amended, all of which are hereby adopted as a part of this charter. (6) Submit annually to the City Manager prior to the beginning of the budget year, a list of recommended general obligation capital improvements which in the opinion of the Commission ought to be constructed during the forthcoming five (5) year period. (Such list shall be arranged in order of preference, with recommendations as to which projects should be constructed in which year, and the City Manager shall forthwith furnish a copy of such recommendations to each member of the Council.) (7) Promote public interest in and understanding of the master plan and of planning, zoning, clearance of blighted areas and development of the city. (8) Meet not less than once each month and keep a public record of its resolutions, findings and determinations. (9) Hold such public hearings as it may deem desirable in the public interest and advise the council upon such matters as the council may request its advice. (b) For the accomplishment of the foregoing purposes the planning and zoning commission is hereby empowered to: (1) Require information which shall be furnished within a reasonable time from the other departments of the city government in relation to its work. (2) Request additional assistance for special survey work of the city manager, who may at his discretion assign to the planning and zoning commission, employees of any administrative department or direct such department to make special studies requested by the commission. (3) In the performance of its functions, enter upon any land and make examinations and surveys. (4) Make and recommend plans for the replanning, improvement and redevelopment of neighborhoods or of any area or district which may be destroyed in whole or in part or seriously damaged by fire, earthquake, flood or disaster. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 34 of 49 (Ord. No. 99-057, Amend. No. 17, 2-16-99, ratified 5-1-99; Ord. No. 2006-232, Amend. No. 1 S, 8-28- 06, ratified 11-7-06) Sec. 10.04. - The master plan. The master plan for the physical development of the city, with the accompanying maps, plats, charts, descriptive and explanatory matter, shall show the commission's recommendations for the development of city territory, and may include, among other things: (a) The general location, character and extent of streets, bridges, parks, waterways and other public ways, grounds and spaces. (b) The general location of public buildings and other public property. (c) The general location and extent of public utilities, whether publicly or privately owned. (d) The removal, relocation, widening, extension, narrowing, vacation, abandonment or change of use of such existing or future public ways, grounds, spaces, buildings, property or utilities. (e) The general extent and location of public housing projects and slum -clearance projects. Sec. 10.05. - Legal effect of master plan. Except in circumstances where plat approval is not required or the public improvement is so small as not to appear on the master plan, no street, park, or other public way, ground or space, no public building or structure and no public utility whether publicly or privately owned, shall be constructed or authorized in the City until and unless the location and extent thereof shall have been submitted to and approved by the Planning and Zoning Commission; provided that, in case of disapproval, the Commission shall within thirty (30) days communicate its reasons to the Council, which shall have the power to overrule such disapproval, and, upon such overruling, the Council or the appropriate office, department, or agency shall have the power to proceed. (Ord. No. 99-057, Amend. No. 18, 2-16-99, ratified 5-1-99; Ord. No. 2006-232, Amend. No. 16, 8-28- 06, ratified 11-7-06) Sec. 10.06. - Zoning. (a) For the purpose of promoting health, safety, morals or the general welfare of the community, the council may by ordinance regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, about:blank 9/22/2016 Denton, TX Code of Ordinances Page 35 of 49 courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes. Such ordinance shall provide that the board of adjustment may, in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the ordinance, authorize variances from and make special exceptions to the zoning regulations in harmony with their general purpose and intent. (b) For any or all of said purposes the council may divide the city into districts of such number, shape and area as may be deemed best suited to carry out the purposes of this section; and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each district, but the regulations in one district may differ from those in other districts. (c) Such regulations shall be made in accordance with a comprehensive plan and be designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health or the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, public convenience and other public requirements. Such regulations shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the city. Sec. 10.07. - Board of adjustment. The city council shall by ordinance establish a board of adjustment which shall consist of at least seven (7) members who shall have the qualifications, powers, and duties and serve for the terms provided by the city council in an ordinance creating the board. All current members of the board of adjustment and the board shall continue to serve under the current provisions of the City Charter until such ordinance creating the board is enacted and effective. (Ord. No. 99-057, Amend. No. 19, 2-16-99, ratified 5-1-99) Sec. 10.08. - Platting or subdivision control. The planning and zoning commission shall recommend to the council the adoption of regulations governing the platting or subdividing within the city or within the area under the extraterritorial jurisdiction of the city, and the owner of every such subdivision shall comply with about:blank 9/22/2016 Denton, TX Code of Ordinances Page 36 of 49 all of the provisions of Article 974a and 6626, Vernon's Texas Civil Statutes, 1948, [V.T.C.A., Local Government Code § 212.002 et seq. and V.T.C.A., Property Code § 12.001 et seq.] as now or hereafter amended. Such regulation may provide for the harmonious development of the city within the subdivided land with other existing or planned streets and ways or for conformance with the master plan or official map, for adequate open spaces, spaces for traffic, utilities, recreation, light and air and for the avoidance of congestion of population. Such regulations may include requirements as to the extent to which and the manner in which streets and other ways shall be graded and improved and water, sewer and other utility mains, piping, connections or other facilities shall be installed as a condition precedent to the approval of a subdivision. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 2006-232, Amend. No. 17, 8-28-06, ratified 11-7-06) Sec. 10.09. - Reserved. Editor's note— Ord. No. 79-86, § 2, adopted Dec. 11, 1979, and ratified ]an. 19, 1980, deleted former section 10.09 which pertained to the tentative approval of plats and was derived unamended from the Charter adopted Feb. 24, 1959. Sec. 10.10. - Building permits, use and occupancy certificates. (a) The city shall have the power to prohibit the erection, construction or use of any building or structure of any kind within the city without a permit having first been issued, by the city, for the construction or erection of such building or structure, and without a use and occupancy certificate having been issued for the use actually made of such premises and structure and may authorize a fee to be charged for such permit. In pursuance of this authority the council may authorize the inspection of all buildings and structures during the progress of their construction or thereafter and may require new construction, renovation, or reconstruction to comply with all building regulations. (b) For the purpose of preserving property values, protecting the public health, preventing the blighting of areas within the city, promoting safety and the public welfare the council may fix a minimum standard for the construction and use of housing accommodations and other structures within this city and prohibit the construction, erection and use of substandard housing and other substandard structures. (Ord. No. 2006-232, Amend. No. 18, 8-28-06, ratified 11-7-06) about:blank 9/22/2016 Denton, TX Code of Ordinances Sec. 10.11. - Official map. Page 37 of 49 The council may by ordinance establish an official map of the city, on which shall be shown and indicated all public streets existing and established by law at the time of the establishment of the official map. Sec. 10.12. - Slum clearance and rehabilitation of blighted areas. The council may, after receiving a recommendation from the planning and zoning commission adopt, modify and carry out plans for the clearance of slum districts and blighted areas within the city and, for the accomplishment of this purpose, may acquire by purchase or condemnation all privately owned lands, buildings and other real property interests within the district; may establish, locate, relocate, build and improve the streets and other public open spaces provided for in the plan; may maintain, operate, lease or sell said buildings or any of them; may sell the land or any part thereof designated for buildings and private open spaces upon such terms and conditions and subject to such restrictions as to building uses and open spaces as will substantially carry out and effect the plan. (Ord. No. 2006-232, Amend. No. 19, 8-28-06, ratified 11-7-06) ARTICLE XI. - PARKS AND RECREATION Sec. 11.01. - Reserved. Editor's note— Ord. No. 79-86, § 2, adopted Dec. 11, 1979, and ratified Jan. 19, 1980, deleted former section 11.01 which pertained to the director of parks and recreation and was derived unamended from the Charter adopted Feb. 24, 1959. Sec. 11.02. - Park and recreation board. The city council shall by ordinance establish a board which shall advise the council on parks and recreation and which shall consist of at least seven (7) residents of the city who shall have the qualifications, duties, and powers and serve for the terms provided by the city council in the ordinance creating the board. All current members of the parks and recreation board and the board shall continue to serve under the current provisions of the City Charter until the ordinance creating the board is enacted and effective. (Ord. No. 99-057, Amend. No. 20, 2-16-99, ratified 5-1-99) about:blank 9/22/2016 Denton, TX Code of Ordinances Page 38 of 49 ARTICLE XII. - PUBLIC UTILITIES Sec. 12.01. - General powers respecting utilities. (a) The City of Denton may license, regulate, fix the rates, control and supervise public utilities of all kinds. (b) In addition to such public utilities as it may now own, the City of Denton may own, acquire, construct, maintain, and operate any other public utility that may be approved by a majority of the qualified voters of the City voting therefor at an election held for such purpose; and shall have power for the purpose of operating and maintaining any such utility, and for distributing such service throughout the city or any portion thereof, but in such condemnation proceedings no allowance shall be made for the value of any franchise and only the actual physical assets shall be purchased by the City. Sec. 12.02. - Rates. The city shall have the power, subject to limitations imposed by state law and this Charter, to fix and, from time to time, revise such rates and charges as it may deem advisable for supplying such utility services as the city may provide. The utilities shall provide no free services; the rates and charges for services to city departments and other public agencies shall be the same as the regular rates and charges fixed for similar services to consumers generally. The rates and charges for services to consumers outside the corporate limits of the city may be greater but shall not be less than the rates and charges for similar service to consumers within the corporate limits of the city. Sec. 12.03. - Excess revenues of utility systems. (a) Any money remaining in the "System Fund" after all necessary expenses of operation and maintenance of the utility systems, including salaries, labor and materials, have been paid, upon proper approval, and after all payments have been made into the several funds required and provided to be made by the ordinance or ordinances authorizing the issuance of any revenue bonds of the city, now outstanding or hereafter authorized and issued which may be payable from and secured by a pledge of the net earnings of the light, water or sewer systems, shall be deemed "Excess Revenues" for the purposes of this section. "System Fund" about:blank 9/22/2016 Denton, TX Code of Ordinances Page 39 of 49 as used herein shall mean the fund (or funds as may be required by outstanding bond issues) into which are deposited the gross incomes derived from the operation of the above named utility systems. (b) Excess Revenues shall be utilized at the times and for the purposes as follows: (1) After all of the requirements of the various funds have been met, there shall be computed a return on the net investment in the utility system. The "Net Investment" figure used in these computations shall be taken from the independent audit of the utility systems for the last fiscal period. The city shall be entitled to receive annually on the net investment from excess revenues, if any, not more than six (6) percent of the net investment. (2) Any remaining excess revenues shall be used for the redemption and retirement of utility revenue bonds, as they become available at not more than fair market value. If utility revenue bonds are not available, these funds shall immediately be invested in short-term United States Government securities or at the option of the city, placed on time deposit in the city depository to draw interest. As utility revenue bonds become available, sufficient United States Government securities shall be sold or time deposits withdrawn to purchase the longest maturities available on the market. Sec. 12.04. - Disposal of utility properties. No sale, conveyance, lease, or other alienation of the entire assets of any utility system or any part thereof essential to continued effective utility service, shall ever be made unless such sale, lease, or disposal is approved by a majority vote of all the qualified voters voting in an election held for that purpose in the City of Denton. (Ord. No. 99-057, Amend. No. 22, 2-16-99, ratified 5-1-99) Sec. 12.05. - Cooperation of other city departments. The [public utilities] board shall have the right to request the services of any officer or department of the city government; provided, however, that the utility system shall pay out of its revenues a proportionate part of the expenses of the department used in an amount agreed upon by the city manager and the board. if they fail to agree, the final decision on any such expenses shall be made by the city council. Sec. 12.06. - Reserved. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 40 of 49 Editor's note— Ord. No. 79-86, § 2, adopted Dec. 11, 1979, and ratified Jan. 19, 1980, deleted former section 12.06 which pertained to the director of utilities and was derived unamended from the Charter adopted Feb. 24, 1959. Sec. 12.07. - The public utilities board. (a) There is hereby created a public utilities board to be composed of seven (7) members, or as many members as there are councilmembers, whichever is greater, appointed by the council for four-year terms and until their respective successors have been appointed and qualified. Members of the board may be removed by the council only for cause and only after charges have been filed and published and the member has been given a reasonable opportunity to defend himself in an open public hearing before the council. Vacancies shall be filled for any unexpired term in the same manner as provided for regular appointments. (b) The city manager and director of utilities shall be ex officio members of the board. They shall attend all meetings of the board and shall have the right to discuss any matter that is under consideration by the board but shall have no vote. (c) Members of the public utilities board shall have the same qualifications as are required by membership on the city council. (d) At its organizational meeting, and annually thereafter as soon as the newly appointed member (or members) has qualified; the board shall select from its own membership a chairman, vice-chairman, and secretary. A majority of the regularly appointed members shall constitute a quorum. The board shall determine its own rules and order of business. The board shall meet at least once each month; all meetings shall be conducted in accordance with the Texas Open Meetings Act, chapter 551 of the Texas Government Code, as it may now read or hereafter be amended and all other applicable laws and a permanent record of proceedings shall be maintained, except as otherwise provided by law. (Ord. No. 76-12, Amend. No. 8, 4-5-76; Ord. No. 99-057, Amend. No. 23, 2-16-99, ratified 5-1-99; Ord. No. 2006-232, Amend. No. 20, 8-28-06, ratified 11-7-06) Sec. 12.08. - Powers and duties of the public utilities board. (a) The board shall serve the department of utilities and city council as a consulting, and advisory board. about:blank 9/22/2016 Denton. TX Code of Ordinances Page 41 of 49 The annual budget for the department of utilities shall be prepared by the director and submitted to the board in the form required by the city manager. The board shall review the budget, make such changes therein as they deem appropriate, then return it to the director who shall deliver it to the city manager for incorporation without any changes, in the proposed general budget of the city and transmission to the council. (c) The public utilities board is hereby authorized to expend such funds for information and advertising as shall be budgeted for this purpose. (d) All actions recommending expansion of the system and the making of additions and betterments thereto or extensions thereof, the incurring of indebtedness, the issuance of bonds, and the fixing of rates and charges for utility services shall be submitted to the board for review and approval; provided, that in case of disapproval, the board shall within thirty (30) days communicate the reasons for its disapproval to the council, which shall have the power to overrule such disapproval, and, upon such overruling, the council or the appropriate department shall have power to proceed; and provided further that all rates and charges for utility services shall be reviewed by the board and revised or reenacted by the council at intervals not exceeding five (5) years and beginning with the year 1960. (e) The board shall submit annually to the planning and zoning commission (for incorporation in its report), prior to the beginning of the budget year, a list of recommended capital improvements, which in the opinion of the board ought to be constructed during the forthcoming five (5) year period. Such list shall be arranged in order of preference, with recommendations as to which projects should be constructed in which year. (f) It shall be the duty of the board to act in an advisory capacity to the council, with authority to hold public hearings and to study and recommend policies relating to the operation, promotion, enlargement, future planning and such other matters involving city -owned utilities as may be referred to it by the council. At intervals not exceeding ten (10) years the council shall at the expense of the utilities involved, cause a general management survey to be made of all utilities under the jurisdiction of the board by a competent management consulting or industrial engineering firm, the report and recommendations of which shall be made public; provided, that the first such survey shall be made within three (3) years of the effective date of this Charter. (Ord. No. 2006-232, Amend. No. 21, 8-28-06, ratified 11-7-06) ARTICLE XIII. - FRANCHISES about:blank 9/22/2016 Denton, TX Code of Ordinances Sec. 13.01. - Franchises: public utilities. Page 42 of 49 (a) The city council may by ordinance grant, renew and extend all franchises of all public utilities operating within the city, and, with the consent of the franchise holder, amend such franchise. No franchise shall ever be granted for a longer term than twenty (20) years. No franchise for a term of twenty (20) years shall be granted except upon the condition that the City of Denton shall have the right, at any time after the expiration of eighteen (18) years, to purchase the property of such franchise holder, or cause a purchaser to buy such property and thereby terminate or transfer the franchise and all privileges enjoyed thereunder, provided that the purchase when made by the city shall not in the case of a fixed term franchise take effect until the expiration of twenty (20) years from the time such franchise was granted. (b) The city shall have the power to provide and fix in any franchise the amount or amounts (or the basis for determining the same), to be paid in case it shall buy or cause a purchaser to buy any such property. (c) Every ordinance granting, amending, renewing or extending a public utility franchise shall be passed by a majority vote of the entire city council at three (3) regular meetings of the council; no such ordinance shall take effect until thirty (30) days after its final passage; pending such time the full text of the ordinance shall be published once each week for three (3) consecutive weeks in the official newspaper published in the City of Denton, and the expense of such publication shall be borne by the grantee of the franchise; and such ordinance shall be subject to referendum as provided in Article IV of this Charter. No public utility franchise shall be transferable except with the approval of the council expressed by ordinance. (d) After due notice and hearing, the council may by ordinance cancel or repeal a public utility franchise for failure of the grantee to comply with the terms of the franchise. Sec. 13.02. - Franchises: use of streets. The city may by ordinance grant franchises or permits for the use and occupancy of streets, avenues, alleys or other public grounds belonging to or under the control of the city. Before such ordinance can become effective it shall be passed by a majority vote of the entire city council at two (2) regular meetings of the council; no such ordinance shall take effect until twenty-one (21) days after its final passage; pending such time the full text of the ordinance shall be published about:blank 9/22/2016 Denton, TX Code of Ordinances Page 43 of 49 once each week for two (2) consecutive weeks in the official newspaper of the City of Denton, and the expense of such publication shall be borne by the grantee of the franchise and such ordinance shall be subject to referendum as provided in Article IV of this Charter. Sec. 13.03. - Franchise fee. The holder or grantee of any franchise or license to use public streets, alleys, highways, or other public property may be required, as compensation for the right or privilege enjoyed, to pay to the City of Denton each year such reasonable sum (not less than two (2) percent of the gross receipts of the business pursued by the holder of the franchise earned for service rendered in the City of Denton), or to pay compensation, rent, or any other fee or charge authorized by law, including, without limitation, specific charges per service line, access line fees, and all other legally permissible charges for the use of its streets, alleys, highways, and other public property, as the council may determine by ordinance or by contract with any such utility, which compensation shall be in addition to all ad valorem and corporation taxes paid by the utility. (Ord. No. 99-057, Amend. No. 24, 2-16-99, ratified 5-1-99) Sec. 13.04. - Regulation of utilities. The city council shall have the power and the duty to: (a) Determine, fix and regulate the charges, fares or rates of all public utilities operating within the city, provided the council shall not prescribe any rate of compensation which will yield more than a fair return upon the fair value of the physical property used and useful in rendering service to the public. (b) Require such franchise holders who request an increase in rates, charges or fares to reimburse the city for reasonable expenses incurred in employing independent rate consultants to conduct investigations, present evidence and advise the council on such requested increase. (c) Prescribe reasonable standards of service and quality of products to be furnished by each utility and prevent unjust discrimination. (d) Require such extensions of plant and service and such maintenance of plant and fixtures as may be necessary to provide adequate and efficient service. (e) about:blank 9/22/2016 Denton, TX Code of Ordinances Page 44 of 49 Collect from every public utility operating in the city its fair and just proportion of the expense of excavating, grading, paving, repaving, constructing, reconstructing, draining, repairing, maintaining, lighting, sweeping and sprinkling such portions of the alleys, bridges, culverts, viaducts and other public places and ways of the city as may be occupied or used in whole or in part by such utilities; or compel such public utility to perform, at its own expense, its just share of such excavating, grading, paving, repaving, constructing, reconstructing, draining, repairing, maintaining, lighting, sweeping and sprinkling. (f) Prescribe the form of accounts which shall be kept by each utility; provided, that if the utility shall keep its accounts in accordance with the uniform system of accounts for said utility as prescribed by the National Association of Railroad and Public Utility Commissioners, the Federal Power Commission, the Federal Communications Commission, the Railroad Commission of Texas, or their respective successors, this shall be deemed sufficient compliance with this paragraph. (g) Examine or cause to be examined at anytime the accounts and other records of any utility operating within the city for the purpose of ascertaining any fact relating to the business done by such utility and pertinent to the council's power of regulation. (h) The council shall provide means and prescribe regulations for independent testing of all gas, water, light and other public utility meters on complaint of any person who may be dissatisfied with the readings of the employees of those utilities, whether owned by private corporations or by the City of Denton. (i) Enact and enforce such reasonable regulations and restrictions as may be deemed desirable or conducive to the safety, welfare and accommodation of the public. 0) The City of Denton shall have power to prohibit the use of any street, alley, highway, boulevard or grounds of the city by any telegraph, telephone, electric light, street railway, interurban railway, gas company or any other character of public utility without first obtaining the consent of the governing authorities expressed by ordinance, and upon paying such compensation as may be prescribed and upon such conditions as may be provided for by such ordinances, and the City of Denton shall have the power to require all telegraph, telephone and electric light companies to place their wires underground. (k) Require each utility operating in the city to file with the city such reports and other information pertaining to its operations that are required by its franchise agreement with the city, this charter, city code, other applicable laws, or that may be required from time to time by the council. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 45 of 49 (1) Fix appropriate penalties to enforce compliance with all rules and regulations enacted by the council. (m) Give due notice and a fair hearing to persons or corporations to be affected by such rules and regulations before they shall be adopted. (Ord. No. 2006-232, Amend. No. 22, 8-28-06, ratified 11-7-06; Ord. No. 2006-297, § 2, 10-3-06, ratified 11-7-06) Sec. 13.05. - Other conditions. All franchises heretofore granted are recognized as contracts between the City of Denton and the grantee, and the contractual right as contained in any such franchise shall not be impaired by the provisions of this Charter, except that the power of the City of Dei ituri to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and except the general power of the city heretofore existing and herein provided for to regulate the rates and services of a grantee which shall include the right to require proper and adequate extension of plant and service and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. Every public utility franchise hereafter granted shall be held subject to all of the terms and conditions contained in the various sections of this Article whether or not such terms are specifically mentioned in the franchise. Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of the council or the electors of the city in imposing such terms and conditions as may be reasonable in connection with any franchise grant. Sec. 13.06. - Franchise records. The city secretary shall compile and maintain a public record of all franchises heretofore or hereafter granted by the City of Denton. ARTICLE XIV. - GENERAL PROVISIONS Sec. 14.01. - Reserved. Editor's note— Ord. No. 79-86, § 2, adopted Dec. 11, 1979, and ratified Jan. 19, 1980, deleted former section 14.01 which pertained to the health officer and was derived unamended from the Charter adopted Feb. 24, 1959. Sec. 14.02. - Publicity of records. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 46 of 49 All public records collected, assembled, or maintained by the city in accordance with the transaction of official business shall be available to the public during normal business hours, subject to the exceptions and regulations authorized by applicable state law. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80) Sec. 14.03. - Official newspaper. The city council shall annually select and designate by resolution the official newspaper of the city in which all ordinances and official notices that are required to be published shall be published. Sec. 14.04. - Personal interest. Any officer or employee of the city having a substantial interest in a business entity or real property, as those terms are defined in chapter 171 of the Texas Local Government Code as it now reads or may hereafter be amended, shall comply with Chapter 171 and, if necessary, shall abstain from voting on a matter involving the business entity or real property and file an affidavit setting forth the substantial interest in the matter to be voted upon. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 99-057, Amend. No. 25, 2-16-99, ratified 5-1-99) Sec. 14.05. - Nepotism. No person shall be appointed to an office or be employed by the City of Denton who is related to any member of the council within the second degree of affinity or the third degree of consanguinity, and this shall apply to heads of departments in their respective departments. This does not apply to a person who was appointed or employed by the city prior to the election or appointment of the council member. (Ord. No. 2006-232, Amend. No. 23, 8-28-06, ratified 11-7-06) Sec. 14.06. - Oath of office. Every officer of the city shall before entering upon the duties of his office take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city secretary: about:blank 9/22/2016 Denton, TX Code of Ordinances Page 47 of 49 "I, , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of of the City of Denton, Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected. (or if the office is one of appointment, "to secure my appointment.") So Help Me God." Sec. 14.07. - Continuation of present offices. All persons holding administrative office either by election or appointment at the time this Charter becomes effective shall continue in office and in the performance of their duties until provision shall have been made in accordance therewith for the performance of such duties or the discontinuance of such office. The powers conferred and the duties imposed upon any office, department or agency of the city by the laws of the state shall, if such office, department or agency be abolished by this Charter or under its authority, be thereafter exercised and discharged by the office, department or agency designated by the council unless otherwise provided herein. Secs. 14.08, 14.09. - Reserved. Editor's note— Ord. No. 79-86, § 2, adopted Dec. 11, 1979, and ratified Jan. 19, 1980, deleted former sections 14.08 and 14.09 which pertained to the commissioners and mayor holding office when the present Charter was adopted and which were derived unamended from said Charter adopted on Feb. 24, 1959. Sec. 14.10. - Continuance of contracts and public improvements. All contracts entered into by the city, or for its benefit, prior to the taking effect of this Charter, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or charter provisions existing at the time this Charter takes effect may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws and charter provisions. Sec. 14.11. - Effect of charter on existing law. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 48 of 49 All ordinances, resolutions, rules and regulations now in force under the city government and not in conflict with any provisions of this Charter shall remain in force under this Charter until altered, amended or repealed by the council after this Charter takes effect. Sec. 14.12. - Severable provisions. If any section, subsection, sentence, clause or phrase of this Charter, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, such invalidity shall not affect any other provisions or applications of this Charter which can be given effect without the invalid provision or application, and to this end the provisions of this Charter are declared severable. Sec. 14.13. - Amending the charter. Amendments to this Charter may be framed and submitted to the voters of the city in the manner provided by Vernon's Texas Codes Annotated, Texas Local Government Code Chapter 9 and all other applicable laws, as they now read or may hereafter be amended. (Ord. No. 99-057, Amend. No. 26, 2-16-99, ratified 5-1-99) Sec. 14.14. - Submission of charter to electors. The Charter Commission in preparing this Charter finds and decides that it is impracticable to segregate each subject so as to permit a vote of "yes" or "no" on the same, for the reason that the Charter is so constructed that in order to enable it to work and function it is necessary that it should be adopted in its entirety. For these reasons the Charter Committee directs that this Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the City of Denton at an election to be held for that purpose on the 24th day of February, 1959. Sec. 14.15. - When provisions take effect. If a majority of the qualified voters voting in such election shall vote in favor of the adoption of this Charter the present city commission, after canvassing the returns, shall enter an official order upon the records of the city declaring the same adopted and this Charter shall be in full force and effect on and after the date of official adoption. about:blank 9/22/2016 Denton, TX Code of Ordinances Page 49 of 49 We, the undersigned members of the Denton Charter Commission, heretofore duly elected to prepare a Charter for the City of Denton, Texas, do hereby certify that this publication constitutes a true copy of the proposed Charter for the City of Denton, Texas, as unanimously adopted by the members thereof. SAM B. McALISTER, Chairman STANLEY A. MUNSON, Vice Chairman ETHELYN DAVIS, Secretary Tom Harpool Don Robinson Roland Laney M. G. Ramey W. D. Barrow Lee E. Johnson Sec. 14.16. - Boards and commissions. Walter B. McClurkan H. W. Kamp James R. Reed David Mulkey Mrs. W. F. "Pat" Hamilton Paul P. Young Members of boards and commissions of the City of Denton shall serve at the pleasure of the council. Members of such boards and commissions may be removed by the council only for cause and only after being given notice by the council. (Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80) about:blank 9/22/2016 5:10ur Documon6\4csolNiorob6l°U�ia Policy-P.mcrwua _1C RESOLUTION NO. OD� A. RESOLUTION.- AMENDING THE ETHICS POLICY FOR ELECTED AND APPOINTED OFFICIALS FOR TITS CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 18, 2004 City Council passed Resolution R2004-025 adopting an Ethics Policy for Elected and Appointed Officials and upon a recommendation by the Council Ethics Sub -committee hereby approves an amendment to the policy as set forth herein; and WHEREAS, the City Council of the City of Denton acknowledges that our government is a representative democracy and those who are elected or appointed to serve others as representatives accept a public -trust that requires them to faithfully and diligently fulfill their public responsibilities; and WHEREAS, the City Council of the City of Denton recognizes the those individuals who serve as public servants must adhere to a higher ethical standard of conduct since the activities of government should benefit the community as a whole and should never benefit the individual interest of public decision makers; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the following ETHICS POLICY for Elected and Appointed Officials — City of Denton, Texas, which shall apply to all elected and appointed officials of the City, is hereby amended to read as follows: ETHICS POLICY for Elected and Appointed Officials - City of Denton, Texas. This Ethics Policy has been adopted to encourage and ensure the highest standards of personal. and public conduct during tenure in office. Adherence to this Policy will maintain the confidence and trust in the decision -makers and representatives of the City who must remain independent, impartial, and accountable to the people they serve. In addition, elected and appointed officials must adhere to Texas state statues and City Charter provisions and City Council Rules of Procedure governing their conduct. These are"listed"arthc end"of'thi's Policy. Thus, elected City Council Members as well as appointed members of the City's Boards and Commissions are asked to subscribe to the Texas statutes, City of Denton Charter, Rules of Procedures for City Boards and. Commissions, and this Ethics Policy. 1. As a representative of the City of Denton, I will be ethical. I will act with integrity and moral courage. I`will`Ve absolutely truthEf"" f"wilT make impartial decisions that are free of bribes, unlawful gifts, narrow political interests and other personal interests that might impair my independence of judgment. 1 will always decide what is best for the whole city. I will respect confidences and information designated "confidential" to the extent S: K1ur Docuru L,%R.ccoDOC permitted by law. I will use my title and city logo or letterhead only when conducting official City business and will not exceed. my authority. 2. As a representative of the City of Denton, I will be service-oriented. I will be friendly, receptive, courteous, and respectful to everyone. I will be attuned to and care about the needs and issues of all Denton citizens. 3. As a representative of the City of Denton, I will be fiscally responsible. I will make prudent decisions, taking into account the long-term financial needs of the City and its financial stability. I will make decisions that seek to promote programs and services for City residents. 4. As a representative of the City of Denton, I will be communicative. I will communicate that I am approachable, open-minded and willing to enter into dialog. I will listen carefully and my response will add. value to the conversation. 5. As a representative of the City of Denton, I will be cooperative. I will work toward consensus building and gain value from diverse opinions. I will approach my position and relationships witha positive attitude. I will consider the broader regional and statewide implications of decisions. I will- work with the Universities, DISD, the Chambers of Commerce; other governmental entities, and local nonprofit " agencies and others as partners on common issues. 6. As a representative of the City of Denton, I will be progressive and receptive to new ideas. will promote intelligent' -and thoughtful innovation whenever possible. hwilhbe'sensitive to the need for compromise, to thinly creatively, and improve existing models when necessary. I will keep my knowledge of local government current and growing. 7. As a representative of the City of Denton, I will not be delinquent in paying monies owed the City. I will not be in arrears on any city taxes, utility service charges, or other obligations owed the City. Elected officials and appointed officials, boards and commissions must adhere to the following Texas statutes: Civil Statutes Open Meetings Act (Tex. Govt. Code. Ann. Ch. 551) -Public Information Act/Open Records' Act (Tea. Go Yt Codiu.A= Clv 551 : Conflicts of Interest (Tex. Loc. Govt. Code, Ch. 171; Ch. 212) Official Misconduct (Tex. Penal Code, Ch. 36, Ch. 39) Nepotism (Tex. Rev. Civ. Stat. Ann., arts. 5996a & 5996b) Whistleblower Protection (Tex. Rev. Civ, Stat. Ann.., art. 6552-16a) Page 2 of 3 SAOur AocuwvnteR—lulloGcy- Am, ndmml.DOC Competitive Bidding and Procurement (espec. Tex. Loc. Govt. Code, Ch. 252) State Penal Laws Bribery (Tex. Penal Code, § 36.02) Coercion of Public Servant or Voter (Tex. Penal Code, § 36.03) Improper Influence (Tex. Penal Code § 36.04) Tampering with a Witness (Tex. Penal Code § 36.04) Retaliation (Tex. Penal Code § 36.06) Gifts to Public Officials (Tex. Penal Code § 36.08) Offering Gi-ft to Public Servant (Tex. Penal Code § 36.09) Abuse of Office (Chapter 39) Official Misconduct (Tex. Penal Code § 39.01) Official Oppression (Tex. Penal Code § 39.02) Misuse of Official Information (Tex. Penal Code § 39.03) City Documents In addition, the City of Denton Charter, the City Council Rules of Procedure, House Rules and Code of Election Ethics are applicable. The Ethics Policy is designed as a positive guide to the behavior and decorum. of Council and board members as they represent the citizens of Denton. I will- voluntarily accept -reprimand from my colleagues if I should act contrary to this policy. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. e -Ade Y�� - EULINE BROCK, MAYOR ATTEST: JENNIFER WALTER,S, CITY SECRETARY BY: APPROVED AS 0 LEGAL FORM: EDWIN M. SNYD g, CITY A;FfORNEY Page 3 of 3 c:\documents and set fin gs\jcrichar\desktop\committecs reso 3 compare.doc RESOLUTION NO. R22009-_0/,5___ TITLE IV. RELATING TO THE CITY COUNCIL ETHICS COMMITTEE SECTION 1. History of the City Council Ethics Committee and findings. A. On September 7, 2004, the Denton City Council established the City Council Ethics Committee by Ordinance No. 2004-255, which is being rescinded by Ordinance No. 2009-137 adopted on this date, to act as an advisory body to the Denton City Council on issues that may arise under the Ethics Policy for the City of Denton. B. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. SECTION 2. Re-establishment of the City Council Ethics Committee and statement of duties and purpose of the Committee. A. The City Council hereby re-establishes the City Council Ethics Committee as a standing committee of the City Council. The Committee shall consist of three (3) City Council members to be appointed by the Mayor of the City of Denton, and .approved by the Denton City Council. The City Manager, or his or her designee, shall serve as the recording secretary to the Committee and . shall provide such administrative services as necessary. -B: The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by -the Mayor grid approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to advise the Denton City Council on the Ethics Policy and to gather information from the Citizens of Denton regarding the Ethics Policy, conduct hearings and inquiries as herein set forth and consider other matters as -delegated by the City Council. SECTION 3. Any person; including, any leeted�'1o, ointed.-0- fcia of the City of Denton, or any person acting on behalf of a public or private entity may request the Committee to consider an issue arising under the Ethics Policy by filing a written Notice of Potential Violation, (`Notice"), of the Ethics Policy with the City Secretary. The City. Secretary shall make a copy of the Notice and provide a copy of the Notice to the Elected or Appointed Official who is named in the Notice, and to the Chair of the Committee. Within thirty days, the Chair I hall place the notice on the Agenda of the Committee and the Committee shall provide notice of the meeting to the Elected or Appointed Official, and meet and conduct hearings, as necessary. The Committee may, in its discretion, determine to advise the City Council on the Notice. The Committee may extend this time period if the Committee needs additional information in order to properly advise the City Council regarding any issues raised in the Notice. Eighth Edition Second Printing 2011 Model City Charter A Publication of the National Civic League National Civic League Phone: 303-571-4343 email: ncl@ncl.org Web: www.ncl.org Article VII GENERAL PROVISIONS Introduction. All communities should have fully developed provisions dealing with the ethical expectations essential to responsible government. Ethics provisions foster public trust in the integrity of city government and serve as a check on improper or abusive behavior by city officials and employees. Communities should also have a comprehensive campaign finance code requiring, at the least, disclosure of sources of money used in the campaign for city office. The amount of money flowing into local races continues to grow and must be regulated to help avoid the public perception of corruption. Section 7.01. Conflicts of Interest; Board of Ethics. (a) Conflicts of Interest. The use of public office for private gain is prohibited. The city council shall implement this prohibition by ordinance, the terms of which shall include, but not be limited to: acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public; the acceptance of gifts and other things of value; acting in a private capacity on matters dealt with as a public official; the use of confidential information; and appearances by city officials before other city agencies on behalf of private interests. This ordinance shall include a statement of purpose and shall provide for reasonable public disclosure of finances by officials with major decision-making authority over monetary expenditures and contractual and regulatory matters and, insofar as permissible under state law, shall provide for fines and imprisonment for violations. (b) Board of Ethics. The city council shall, by ordinance, establish an independent board of ethics to administer and enforce the conflict of interest and financial disclosure ordinances. No member of the board may hold elective or appointed office under the city or any other government or hold any political party office. Insofar as possible under state law, the city council shall authorize the board to issue binding advisory opinions, conduct investigations on its own initiative and on referral or complaint from officials or citizens, subpoena witnesses and documents, refer cases for prosecution, impose administrative fines, and to hire independent counsel. The city council shall appropriate sufficient funds to the board of ethics to enable it to perform the duties assigned to it and to provide annual training and education of city officials and employees, including candidates for public office, regarding the ethics code. Commentary. Many states have conflict of interest and financial disclosure laws which include local officials as well as state officials. Cities in these states may wish to modify this section accordingly by either eliminating duplication with state law or providing for local filing of state forms to provide local access to the information. Instead of providing essentially statutory language, this section mandates council passage of ordinances covering certain basic subjects and which provide for a specific mechanism to administer and enforce the law. This permits amendment as may be required without a referendum, which would be necessary if the charter covered the subject in detail. This provision shows that the charter is serious about the need for dealing with ethics problems but at the same time leaves it to the city council to adopt the formulation most appropriate for the specific situation. It makes a provision for a Board of Ethics but leaves details on the board's composition and procedure to the council. Other provisions councils could adopt, but not listed in the Model, relate to acting in an official capacity over any campaign donor who contributes $ or more to the official's campaign; the hiring of relatives; acting in an official capacity on matters affecting a prior employer within a designated time period after leaving the employer; accepting outside employment while in office; and accepting employment with an employer over whom the official or employee acted in an official capacity, within a designated time period after leaving office. Westminster, Colorado, pioneered the conflict of interest approach to limiting campaign contributions, via charter amendment, and other cities have expressed interest in following its example either by charter or ordinance. A substantial number of cities restrict hiring of relatives and prior, outside, and subsequent employment arrangements. Section 7.02. Prohibitions. (a) Activities Prohibited. (1) No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, gender, age, sexual orientation, disability, religion, country of origin, or political affiliation. (2) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the provisions of this charter or the rules and regulations made there under, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. (3) No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his or her test, appointment, proposed appointment, promotion or proposed promotion. (4) No person,shall knowingly or willfully solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose to be used in conjunction with any city election from any city officer or city employee. (5) No city officer or city employee shall knowingly or willfully make, solicit or receive any contribution to the campaign funds of any political party or committee to be used in a city election or to campaign funds to be used in support of or opposition to any candidate for election to city office or city ballot issue. Further, no city employee shall knowingly or willfully participate in any aspect of any political campaign on behalf of or opposition to any candidate for city office. This section shall not be construed to limit any person's right to exercise rights as a citizen to express opinions or to cast a vote nor shall it be construed to prohibit any person from active participation in political campaigns at any other level of government. (b) Penalties. Any person convicted of a violation of this section shall be ineligible for a period of five years following such conviction to hold any city office or position and, if an officer or employee of the city, shall immediately forfeit his or her office or position. The city council shall establish by ordinance such further penalties as it may deem appropriate. 49 Commentary. The activities prohibited by this section are antithetical to the maintenance of a sound, permanent municipal service. The prohibition against discrimination states basic municipal policy which applies to all personnel relationships. Prohibiting fraud or attempted fraud and bribery in connection with appointments and promotions by charter provision stresses the importance of maintaining the integrity of the public service. Prohibitions against political solicitation and participation in political campaigns afford protection for the employee as well as the integrity of the system. State law of general application may be sufficiently comprehensive to cover the activities prohibited by this section. If so, the charter need not contain these provisions except to give confirmation of public acceptance of these policies. Section 7.03. Campaign Finance. (a) Disclosure. The city council shall enact ordinances to protect the ability of city residents to be informed of the financing used in support of, or against, campaigns for locally elected office. The terms of such ordinances shall include, but not be limited to, requirements upon candidates and candidate committees to report in a timely manner to the appropriate city office: contributions received, including the name, address, employer, and occupation of each contributor who has contributed or more; expenditures made; and obligations entered into by such candidate or candidate committee. In so far as is permissible under state law, such regulations shall also provide for fines and imprisonment for violations. The ordinance shall provide for convenient public disclosure of such information by the most appropriate means available to the city_ (b) Contribution and Spending Limitations. In order to combat the potential for, and appearance of, corruption, and to preserve the ability of all qualified citizens to run for public office, the city shall, in so far as is permitted by state and federal law, have the authority to enact ordinances designed to limit contributions and expenditures by, or on behalf of, candidates for locally elected office. Ordinances pursuant to this section may include, but are not limited to: limitations on candidate and candidate committees that affect the amount, time, place, and source of financial and in-kind contributions; and, voluntary limitations on candidate and candidate committee expenditures tied to financial or non-financial incentives. Commentary. This section was added to the eighth edition in recognition of the substantial number of cities that have enacted campaign finance laws since the seventh edition. This trend indicates that increasingly large amounts of private money have permeated local elections and reflects public perception that such money has had a distorting influence on the democratic process. Section 7.03(x) provides for disclosure of candidate contributions and expenditures. A strong majority of cities in the United States have some form of campaign contribution and expenditure disclosure requirements. This section of the charter requires the city to provide for timely disclosure of such funds. It further requires that disclosure of contributions above a certain threshold include the donor's employer and occupation. Such information allows citizens to identify the sources of funding that influence local elections. The requirement that the city provide for "convenient public disclosure" is meant to encourage electronic disclosure over city web sites when such technology and resources are available. 50 Section 7.03(b) provides the city with express authority, but not a mandate, to enact any of the several innovative campaign finance laws that cities have enacted over the last three decades. This includes options such as contribution limitations, time limits on fund raising, and public financing as an incentive for candidates to adhere to voluntary spending limits. City Hall City of Denton 215 E. McKinney St. - Denton, Texas 76201 www.cityofdenton.com DEN, ` ON File #: ID 16-1135, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City's Attorneys on the status, strategy, and potential resolution of litigation styled, Esker v. City of Denton, Cause No. 14-000942-158, currently pending in the 158' District Court of Denton County, Texas. City of Denton Page 1 of 1 Printed on 9/23/2016 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 16-1254, 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 located in the Mary Austin Survey, Abstract No. 4, City and County of Denton, Texas; discussion 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. (Brinker SS and TL) City of Denton Page 1 of 1 Printed on 9/23/2016 povveied by I_egivt9i IN City Hall City of Denton 215 E. McKinney St. - Denton, Texas 76201 www.cityofdenton.com , DENTON File #: ID 16-1251, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: September 27, 2016 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of equipment to outfit two (2) Pierce Velocity Pumper Fire Engines for the City of Denton Fire Department, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 6245 awarded to Siddons-Martin Emergency Group in the not -to -exceed amount of $379,000.26). FILE INFORMATION This purchase is for equipment to outfit two (2) new replacement fire engine apparatus (Exhibit 1 -Quote). The two (2) new fire engines are scheduled to be delivered within the next four (4) weeks. The Fire Department has previously utilized Pierce Manufacturing Inc. for custom fire apparatus equipment which is sold through Siddons-Martin Emergency Group, as the local authorized distributor. The Fire Department recommends the continued standardization of equipment to streamline technician training, parts supply and vendor support through the local authorized service center, Siddons-Martin Emergency Group (Exhibit 2). The vendor will be providing warranty -covered installation of all components. The installation will be completed to the National Fire Protection Agency (NFPA) specifications recommended for fire apparatus. In addition to the maintenance and warranty benefits, the Fire Department is also standardizing components for emergency response. Therefore, delivery of on -scene response can be achieved faster when operating under these common circumstances. The procurement of fire apparatus equipment through Siddons-Martin Emergency Group represents the best value for the City of Denton. Pierce Manufacturing Inc. is the sole designer and manufacturer of the specified fire engine equipment, which is solely distributed and serviced by Siddons-Martin Emergency Group (Exhibit 3). Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, do not have to be competitively bid. RECOMMENDATION Award the purchase of fire engine equipment to Siddons-Martin Emergency Group in the not -to -exceed amount City of Denton Page 1 of 2 Printed on 9/23/2016 povveied by I_egivt9i IN File #: ID 16-1251, Version: 1 of $379,000.26. This cost for the equipment for each fire engine apparatus is $189,500.13. PRINCIPAL PLACE OF BUSINESS Siddons-Martin Emergency Group Denton, TX ESTIMATED SCHEDULE OF PROJECT The equipment purchase for both fire engine apparatus will be initiated upon Council approval. FISCAL INFORMATION Funding for the fire engine equipment was approved for Fiscal Year 2015-2016 and will be charged to the Fleet Services Capital Fund account 810254408.1355.30100. 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: 4.1 Enhance public safety in the community EXHIBITS Exhibit l: Quote Exhibit 2: Staff Memo Exhibit 3: Vendor Sole Source Memo Exhibit 4: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Terry Kader at 349-8729. City of Denton Page 2 of 2 Printed on 9/23/2016 povveied by I_egist9i I;, EXHIBIT 1 Siddons-Martin Emergency Group 3500 Shelby Lane Denton TX USA 76207 Phone #:(940) 382-9600 Fax #: (940) 382-9605 Remit To: PO Box 610101 Dallas Tx, 75261-0101 Denton - Sales, City of 332 E. Hickory Denton TX 76209 Estimate 14000156 III I II II II III II I II II Ticket Date: 8/25/2016 Cashed Out Date: Parts Employee: (AO1Z) Jacob Ventrca 1003013 Work: (940) 349-7100 Ship To: Pay ype CC # Signature: Cashed Out By: Cash Out Date: Cash Drawer: Amount Parts Total: Core Total: Freight Total: Sublet Total: Labor Total: Other Charges: Shop Supplies: Sub Total: $187,000.13 $0.00 $2,500.00 $0.00 $0.00 $0.00 $0.00 $189,500.13 Discount Total: Ext Price: Sales Tax: Total: Deposits: Amount Due: Amt Tendered: Chg Returned: $0.00 $189,500.13 $0.00 $189,500.13 $0..00 $189,500.13 $0.00 $0.00 As our customer, you just saved: $4,814.84 DISCLAIMER OF WARRANTIES -Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any impliedwarranty of merchantability or fitness for a particular purpose, and seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS! Printed On : 812612016 2:40:35 PM Page 1 of 7 Drop Retail Selling Extended Extended Part # Description Shipped Qty Price Savings Price Discount Price SPIO-600PU-50-W HOSE, SINGLE JACKET, 1" X 50, WHITE ❑ 10. $63.83 $0.00 $63.83 $0.00 $638.30 DP17-1000-50-B HOSE, COMBAT READY, 1.75" X 50, BLUE ❑ 6.0 $247.83 $0.00 $247.83 $0.00 $1,486.98 DP17-1000-50-G HOSE, COMBAT READY, 1.75" X 50, ❑ 8.0 $247.83 $0.00 $247.83 $0.00 $1,982.64 DP17-1000-50-0 HOSE, COMBAT READY, 1.75" X 50, ❑ 10. $247.83 $0.00 $247.83 $0.00 $2,478.30 DP25-1000-50-Y HOSE, COMBAT READY, 2.5 " X 50, ❑ 20. $321.43 $0.00 $321.43 $0.00 $6,428.60 RC50-450-100-Y HOSE, PRO -FLOW LDH.5 " X 100, YELLOW ❑ 20. $561.20 $0.00 $561.20 $0.00 $11;,224.00 RC50-450-50-R HOSE, PRO -FLOW LDH.5 " X 50, RED ❑ 4.0 $358.23 $0.00 $358.23 $0.00 $1,432.92 RC50-450-25-R HOSE, PRO -FLOW LDH.5 " X 25, RED ❑ 4.0 $256.74 $0.00 $256.74 $0.00 $1,026.96 RC50-450-10-R HOSE, PRO -FLOW LDH.5 " X 10, RED ❑ 3.0 $195.85 $0.00 $195.85 $0.00 $587.55 AXDIST-NX-T JUMBO INTAKE VALVE, 6"NH X 5" STORZ ❑ 2.0$2,375.00 $900.12 $1,474.88 $0.00 $2,949.76 AH3ST-NP 30* ELBOW, 4" X 5" STORZ ❑ 1.0 $220.00 $83.38 $136.62 $0.00 $136.62 A01ST Blind Cap, 5" Storz ❑ 3.0 $90.00 $34.11 $55.89 $0.00 $167.67 03726401 Wye, B -100 -LA, 1.5" NH Inlet x 1.5" NH (2), ❑ 1.0 $389.00 $147.43 $241.57 $0.00 $241.57 1582 WYE, 2.5" X2.5" (2) 0 1.0$1,911.00 $768.22 $1,142.78 $0.00 $1,142.78 1581 WYE, 2.5" X 1.5" (2) ❑ 2.0 $922.00 $370.64 $551.36 $0.00 $1,102.72 00164401 SIAMESE, 25" (2) Xi5" STORZ ❑ 1.0 $792.00 $300.17 $491.83 $0.00 $491.83 HB228-5 LDH Hose Clamp, HASBRA ❑ 1.0 $482.05 $0.00 $482.05 $0.00 $482.05 BB228A Bracket, Harbra Hose Clamp ❑ 1.0 $63.25 $0.00 S63.25 $0.00 $63.25 I 03972401 INLINE FOAM INDUCTOR, 150 GPM ❑ 1.0 $831.00 $314.95 $516.05 $0.00 $516.05 S541545 ADAPTER, 5 " STORZ X 4.5"LHNHF ❑ 3.0 $257.89 $109.60 $148.29 $0.00 $444.87 S54L54-YO2 ADAPTER, 4" F LH X 5" STORZ, DARK ❑ 1.0 $253.01 $107.53 $145.48 $0.00 $145.48 S60S54-YO2 ADAPTER, 4" STORZ X 5" STORZ, DARK ❑ 1.0 $239.37 $101.73 $137.64 $0.00 $137.64'. 37RG25 ADAPTER, GH F X 2.5" M ❑ 1.0 $44.19 $18.78 $25.41 $0.00 $25.41 Pay ype CC # Signature: Cashed Out By: Cash Out Date: Cash Drawer: Amount Parts Total: Core Total: Freight Total: Sublet Total: Labor Total: Other Charges: Shop Supplies: Sub Total: $187,000.13 $0.00 $2,500.00 $0.00 $0.00 $0.00 $0.00 $189,500.13 Discount Total: Ext Price: Sales Tax: Total: Deposits: Amount Due: Amt Tendered: Chg Returned: $0.00 $189,500.13 $0.00 $189,500.13 $0..00 $189,500.13 $0.00 $0.00 As our customer, you just saved: $4,814.84 DISCLAIMER OF WARRANTIES -Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any impliedwarranty of merchantability or fitness for a particular purpose, and seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS! Printed On : 812612016 2:40:35 PM Page 1 of 7 EXHIBIT 1 Siddons-Martin Emergency Group 3500 Shelby Lane Denton TX USA 76207 Phone #:(940) 382-9600 Fax #: (940) 382-9605 Remit To: PO Box 610101 Dallas Tx, 75261-0101 Denton - Sales, City of 332 E. Hickory Denton TX 76209 Estimate 14000156 III I II II II III II I II II Ticket Date: 8/25/2016 Cashed Out Date: Parts Employee: (AO1Z) Jacob Ventrca 1003013 Work: (940) 349-7100 Ship To: 35RI I Adapter, Double Female, 1.0" ❑ 2.0 $27.52 $11.70 $15.82 $0.00 $31.64 36RI515 Adapter, Double Male, 1.5" ❑ 2.0 $18.41 $7.83 $10.58 $0.00 $21.16 35R1515 Adapter, Double Female, 1.5" ❑ 2.0 $34.37 $14.61 $19.76 $0.00 $39.52 36R2525 ADAPTER, DOUBLE MALE, 2.5" NH X 2.5" ❑ 2.0 $25.78 $10.96 $14.82 $0.00 $29.64 35R2525 ADAPTER, DOUBLE FEMALE, 2.5" NH X ❑ 2.0 $450.95 $424.52 $26.43 $0.00 $52.86 3782515 ADAPTER, 2.5" F X 1.5" M ❑ 2.0 $29.43 $13.53 $15.90 $0.00 $31.80 37R151 ADAPTER, 1.5" F X 1.0" M ❑ 2.0 $27.00 $12.41 $14.59 $0.00 $29.18 AV5NJ-NJ 2.5" (,QUARTER TURN HYDRANT VALVE, ❑ 1.0 $495.00 $187.60 $307.40 $0.00 $307.40 i 37RIG Adapter, 1.0"x GH ❑ 2.0 $20.61 $9.47 $11.14 $0.00 $22.28 01507001 HYDRANT WRENCH, S-454 ❑ 3.0 $109.00 $41.31 $67.69 $0.00 $203.07 01519001 Spanner Wrenches holder only ❑ 4.0 $99.00 $37.52 $61.48 $0.00 $245.92 A3810 TFT, JUMBO SPANNER SET W/ BKT ❑ 2.0 $1-50.00 $56.85 $93.15 $0.00 $186.30 A3090 SINGLE JUMBO SPANNER WRENCH ❑ 6.0 $28.00 $10.61 $17.39 $0.00 $104.34 71297000 SPANNER WRENCH SINGLE ❑ 10. $108.61 $0.00 $108.61 $0.00 $1,086.10 DQS40P QUARDRAFOG W/ GRIP, 1" ❑ 2.0 $715.00 $270.98 $444.02 $0.00 $888.04 MEI -TO METRO 1 TIP 1.5" NH, 175PGM(c?100 PSI ❑ 6.0 $610.00 $231.119 $378.81 $0.00 $2,272.86 HVITGI I INTEGRAL TIP NOZZLE W/GRIP 1.5" 7/8 ❑ 6.0 $475.00 $180.02 $294.98 $0.00 $1,769.88 ME2-2TO METRO 2 TIP 2.5" NH, 325 GPM@ 100 PSI ❑ 3.0 $750.00 $284.25 $465.75 $0.00 $1,397.25 I HVIT24 INTEGRAL TIP NOZZLE 2.5" NH (1-1/8) ❑ 3.0 $600.00 $276.00 $324.00 $0.00 $972.00 FS-3STACK NFPA STACKED TIPS 1.5" INLET,1-1/4, 1- ❑ 1.0 $204.93 $0.00 $204.93 $0.00 $204.93 H-2VPP PLAYPIPE W/VALVE 2.5" NH F X 1.5" NH ❑ 1.0 $870.00 $329.73 $540.27 $0.00 $540.27 J25CT20OF 2.5 INLINE GAUGE ❑ 1.0 $390.00 $147.81 $242.19 $0.00 $242.19 HPKE25R2590 HIGH PRESSURE 90* ELBOW ❑ 1.0 $404.93 $172.10 $232.83 $0.00 $232.83 Pay ype CC # Signature: Cashed Out By: Cash Out Date: Cash Drawer: Amount Parts Total: Core Total: Freight Total: Sublet Total: Labor Total: Other Charges: Shop Supplies: Sub Total: $187,000.13 $0.00 $2,500.00 $0.00 $0.00 $0.00 $0.00 $189,500.13 Discount Total: Ext Price: Sales Tax: Total: Deposits: Amount Due: Amt Tendered: Chg Returned: $0.00 $189,500.13 $0.00 $189,500.13 $0..00 $189,500.13 $0.00 $0.00 As our customer, you just saved: $14,383.45 DISCLAIMER OF WARRANTIES -Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any impliedwarranty of merchantability or fitness for a particular purpose, and seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS' Printed On : 812612016 2:40:35 PM Page 2 of 7 EXHIBIT 1 Siddons-Martin Emergency Group 3500 Shelby Lane Denton TX USA 76207 Phone #:(940) 382-9600 Fax #: (940) 382-9605 Remit To: PO Box 610101 Dallas Tx, 75261-0101 Denton - Sales, City of 332 E. Hickory Denton TX 76209 Estimate 14000156 III I II II II III II I II II Ticket Date: 8/25/2016 Cashed Out Date: Parts Employee: (AO1Z) Jacob Ventrca 1003013 Work: (940) 349-7100 Ship To: FD-HY200 HYDRANT PACK ❑ 1.0 $126.39 $0.00 $126.39 $0.00 $126.39 343 -STAND STAND PIPE BAG ❑ 1.0 $132.24 $0.00 $1132.24 $0.00 $132.24 36FF-8 Fire Axe 36" Axe w/Flat Head Fiberglass ❑ 1.0 $230.00 $0.00 $230.00 $0.00 $230.00 36PF-6 Fire Axe 36" w/ pick Fiberglass Handle ❑ 1.0 $247.70 $0.00 $247.70 $0.00 $247.70 i F32TN LONESTAR LoneStar THE PIG; ❑ 1.0 $189.75 $0.00 $189.75 $0.00 $189.75 TN835-B TNT TOOL, 8.5 LB ❑ 1.0 $258.28 $0.00 $258.28 $0.00 $258.28 36124 PIKE POLE, 4 W/ D HANDLE ❑ 1.0 $115.77 $49.20 $66.57 $0.00 $66.57 RH-6 FHU NY ROOF HOOK, 6 ❑ 2.0 $115.00 $28.75 $86.25 $0.00 $172.50 APH-12-P FHU, ALL PURPOSE HOOK, 12, PRY END ❑ 1.0 $165.00 $40.80 $124.20 $0.00 $124.20 APH-8-P FHU ALL PURPOSE HOOK, 8, PRY END ❑ 1.0 $110.00 $27.20 $82.80 $0.00 $82.80 27708 SLEDGE HAMMER, 8# ❑ 1.0 $61.44 $26.11 $35.33 $0.00 $35.33 76225 ROUND SHOVEL, 27" D HANDLE, NUPLA ❑ 1.0 $62.95 $26.75 $36.20 $0.00 $36.20 76142 SQUARE SHOVEL, 27" D HANDLE, NUPLA ❑ 1.0 $62.95 $26.75 $36.20 $0.00 $36.20 72199 SCOOP SHOVEL ❑ 1.0 $58.97 $25.06 $33.91 $0.00 $33.91 35577 CEILING/WALL HOOK W/ D HANDLE ❑ 1.0 $169.16 $71.89 $97.27 $0.00 $97.27 36565 TRASH HOOK, 6 ❑ 1.0 $104.74 $44.51 $60.23 $0.00 $60.23 36554 TRASH HOOK, 4 W/ D HANDLE ❑ 1.0 $143.35 $60.92 $82.43 $0.00 $82.43 39704 BOLT CUTTERS, 36" ❑ 1.0 $289.95 $123.23 $166.72 $0.00 $166.72 li 69702 BOLT CUTTERS, 24" ❑ 1.0 $212.53 $90.33 $122.20 $0.00 $122.20 K -TOOL -KIT FHU K -TOOL KIT ❑ 1.0 $120.75 $0.00 $120.75 $0.00 $120.75 32950 Lockout Tool Set - BigEasy GLO Kit ❑ 1.0 $27.93 $0.00 $27.93 $0.00 $27.93 REXT REX TOOL ❑ 1.0 $165.00 $21.25 $143.75 $0.00 $143.75 EKS-12 ELEVATOR KEYS ❑ 1.0 $195.00 $22.50 $172.50 $0.00 $172.50 JHOOK J HOOK ❑ 1.0 $35.00 $6.25 $28.75 $0.00 $28.75 I K970-14 K970 SAW, 14", SAW ONLY ❑ 1.0$1,568.00 $175.35 $1,392.65 $0.00 $1,392.65 PU Type CC # Amount Signature Cashed Out By: Cash Out Date: Cash Drawer: Parts Total: Core Total: Freight Total: Sublet Total: Labor Total: Other Charges: Shop Supplies: Sub Total: $187,000.13 $0.00 $2,500.00 $0.00 $0.00 $0.00 $0.00 $189,500.13 Discount Total: Ext Price: Sales Tax: Total: Deposits: Amount Due': Amt Tendered: Chg Returned: $0.00 $189,500.13 $0.00 $189,500.13 $0..00 $189,500.13 $0.00 $0.00 As our customer, you just saved: $15,279.05 DISCLAIMER OF WARRANTIES -Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any impliedwarranty of merchantability or fitness for a particular purpose, and seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS! Printed On : 812612016 2:40:35 PM Page 3 of 7 EXHIBIT 1 Siddons-Martin Emergency Group 3500 Shelby Lane Denton TX USA 76207 Phone #:(940) 382-9600 Fax #: (940) 382-9605 Remit To: PO Box 610101 Dallas Tx, 75261-0101 Denton - Sales, City of 332 E. Hickory Denton TX 76209 Estimate 14000156 III I II II II III II I II II Ticket Date: 8/25/2016 Cashed Out Date: Parts Employee: (AO1Z) Jacob Ventrca 1003013 Work: (940) 349-7100 Ship To: 166692 MK Diamond Fire Tiger Blades 14" ❑ 2.0 $339.81 $0.00 $339.81 $0.00 $679.62 343-UT1L ` Saw Blade Carry Bag, SMALL ❑ 1.0 $57.49 $0.00 $57.49 $0.00 $57.49 MS461RES Rescue Chain Saw, Sthil, 20" bar ❑ 1.0$1,378.85 $0.00 $1,378.85 $0.00 $1,378.85 RAPCO RAPC'O CHAIN -20" ❑ 2.0 $216.78 $0.00 $216.78 $0.00 $433.56 W -BT -EC Barricade Tape, 3 in.x 1000 ft., 3 Mil. ❑ 2.0 $12.06 $0.00 $12.06 $0.00 $24.12 W-CC513 Dicke Tools: Collapsible Cone Kit, 28", 5 ❑ 1.0 $175.48 $0.00 $175.48 $0.00 $175.48 .' 15187-882 LITTLE GIANT DEFENDER LADDER ❑ 1.0 $572.70 $0.00 $572.70 $0.00 $572.70 RBG-RCOIO RIT CACHE "TARP ❑ 1.0 $195.49 $0.00 $195.49 $0.00 $195.49 HTV12X18-18 SALVAGE COVER, 12 X 18, RED, 18OZ ❑ 1.0 $170.00 $37.18 $132.83 $0.00 $132.83 BH -20 BLOW HARD FAN ❑ 1.0$4,444.75 $0.00 $4,444.75 $0.00 $4,444.75 li A3820 HOSE ROLLER, TFT ❑ 1.0 $249.00 $94.37 $154.63 $0.00 $154.63 AX331 EXTINGUISHER, 15 lb CO2 w/ Wall Hanger - ❑ 1.0 $248.55 $0.00 $248.55 $0.00 $248.55 AX240 EXTINGUISHER, 2.5 GAL, WATER ❑ 1.0 $109.19 $0.00 $109.19 $0.00 $109.19 AX411 Amerex® 20 lb ABC w/ Wall Hanger - ❑ 1.0 $139.69 $0.00 $139.69 $0.00 $139.69 UI -10 -FS SAFETY CAN, 1 GAL ❑ 1.0 $64.65 $27.02 $37.63 $0.00 $37.63 EU2000I HONDA GENERATOR, 2000W ❑ 1.0$1,148.85 $0.00 $1,148.85 $0.00 $1,148.85 P-5TLQ-L515 PORTABLE LIGHT, 50OW 12OV- L5-15 ❑ 1.0 $385.00 $57.25 $327.75 $0.00 $327.75 ECRP-10 10" (2 54 mm) Live Cord Reel ❑ 1.0 $273.00 $109.75 $163.25 $0.00 $163.25 ECRP-IO-ELSS-XLAC 10" Live Cord Reel with SceneStar 20,000L ❑ 1.0$2,025.00 $814.05 $1,210.95 $0.00 $1,210.95 SPRINKLER STOP Sprinkler stop, valve, 6-3/4" ❑ 4.0 $22.99 $4.60 $18.39 $0.00 $73.56 X3314022200402 4.5 X3CGA, SH QD/SEM/DEB ❑ 6.0$6,874.26 $0.00 $6,874.26 $0.00 $41,245.56 804722-01 CYL&VLV ASSY,CARB,45MIN,4500 ❑ 14.$1,155.05 $0.00 $1,155.05 $0.00 $16,170.70 UCF9000 THERMAL IMAGING CAMERAL, DRAGER ❑ 1.0 $0.00 $0.00 $0.00 $0.00 $0.00 Pay ype CC # Signature: Cashed Out By: Cash Out Date: Cash Drawer: Amount Parts Total: Core Total: Freight Total: Sublet Total: Labor Total: Other Charges: Shop Supplies: Sub Total: $187,000.13 $0.00 $2,500.00 $0.00 $0.00 $0.00 $0.00 $189,500.13 Discount Total: Ext Price: Sales Tax: Total: Deposits: Amount Due': Amt Tendered: Chg Returned: $0.00 $189,500.13 $0.00 $189,500.13 $0..00 $189,500.13 $0.00 $0.00 As our customer, you just saved: $16,461.57 DISCLAIMER OF WARRANTIES -Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any impliedwarranty of merchantability or fitness for a particular purpose, and seller neither assumesume nor authorizes any other person to assfor it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS! Printed On : 812612016 2:40:35 PM Page 4 of 7 EXHIBIT 1 Siddons-Martin Emergency Group 3500 Shelby Lane Denton TX USA 76207 Phone #:(940) 382-9600 Fax #: (940) 382-9605 Remit To: PO Box 610101 Dallas Tx, 75261-0101 Denton - Sales, City of 332 E. Hickory Denton TX 76209 Estimate 14000156 III I II II II III II I II II Ticket Date: 8/25/2016 Cashed Out Date: Parts Employee: (AO1Z) Jacob Ventrca 1003013 Work: (940) 349-7100 Ship To: MBB3-A1C1R7E-420 RAE SYSTEMS MULTIRAE-10.6eV PID ❑ 1.0$4,689.13 $0.00 $4,689.13 $0.00 $4,689.13 020-111-2AO QRAE 11 Multi Gas Detector ❑ 1.0 $906.30 $0.00 $906.30 $0.00 $906.30 906-00000-08 SENSIT HXG-2D Combustable gas monitor ❑ 1.0 $396.18 $0.00 $396.18 $0.00 $396.18 911-00000-01 SENSIT Gold G2 LEL Monitor ❑ 1.0 $900.74 $0.00 $900.74 $0.00 $900.74 515860OLG 1/2" Access Lifeline x 600 Blue/Yellow ❑ 1.0 $749.11 $0.00 $749.11 $0.00 $749.11 5158600BL 1/2" Access Lifeline x 600 Blue/Yellow ❑ 1.0 $749.11 $0.00 $749.11 $0.00 $749.11 598311075 3/8" Water Rescue Throw Bag, 75 ❑ 4.0 $75.15 $0.00 $75.15 $0.00 $300.60 430302 Rope; Bag 43 Royal Blue ❑ 1.0 $77.05 $0.00 $77.05 $0.00 $77.05 I 809844 RT Gear Pack ❑ 1.0 $144.90 $0.00 $144.90 $0.00 $144.90 808326 Usar'Tech Rape and Equipment Bag ❑ 1.0 $326.60 $0.00 $326.60 $0.00 $326.60 7945RY 1" WEBBING, BLUE, 150' ❑ 1.0 $64.98 $0.00 $64.98 $0.00 $64.98 79450R 1" WEBBING, ORANGE, 150' ❑ 1.0 $64.98 $0.00 $64.98 $0.00 $64.98 7945RD 1" WEBBING, RED, 150' ❑ 1.0 $64.98 $0.00 $64.98 $0.00 $64.98 7945YE 1" WEBBING, YELLOW, 150' ❑ 1.0 $64.98 $0.00 $64.98 $0.00 $64.98 200203 2" WEBBING, RED, 150 ❑ 1.0 $123.05 $0.00 $123.05 $0.00 $123.05 202164 ProSeries Confined Space Rescue Harness, reg ❑ 1.0 $547.06 $0.00 $547.06 $0.00 $547.06 202165 ProSeries Confined Space Rescue Harness, XL ❑ 1.0 $547.06 $0.00 $547.06 $0.00 $547.06 6124244 ROPE GUARD, Large 24 inch Color Red ❑ 1.0 $21.85 $0.00 $21.85 $0.00 $21.85 6124184 ROPE GUARD, Medium 18 inch Color Red ❑ 1.0 $18.69 $0.00 $18.69 $0.00 $18.69 300442 2.5" DOUBLE PULLEY ❑ 2.0 $157.55 $0.00 $157.55 $0.00 $315.10 305011 O RING 0 1.0 $17.25 $0.00 $17.25 $0.00 $17.25 201106 Pick -off Strap ❑ 1.0 $48.01 $0.00 $48.01 $0.00 $48.01 300610 ANCHOR PLATE ❑ 1.0 $58.94 $0.00 $58.94 $0.00 $58.94 603216 RIGGING PLATE ❑ 1.0 $74.75 $0.00 $74.75 $0.00 $74.75 I 300701 CMC Rescue Swivel - NFPA G ❑ 1.0 $98.90 $0.00 $98.90 $0.00 $98.90 Pay ype CC # Signature: Cashed Out By: Cash Out Date: Cash Drawer: Amount Parts Total: Core Total: Freight Total: Sublet Total: Labor Total: Other Charges: Shop Supplies: Sub Total: $187,000.13 $0.00 $2,500.00 $0.00 $0.00 $0.00 $0.00 $189,500.13 Discount Total: Ext Price: Sales Tax: Total: Deposits: Amount Due: Amt Tendered: Chg Returned: $0.00 $189,500.13 $0.00 $189,500.13 $0..00 $189,500.13 $0.00 $0.00 As our customer, you just saved: $16,461.57 DISCLAIMER OF WARRANTIES -Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any impliedwarranty of merchantability or fitness for a particular purpose, and seller neither assumesume nor authorizes any other person to assfor it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS' Printed On : 812612016 2:40:35 PM Page 5 of 7 EXHIBIT 1 Siddons-Martin Emergency Group 3500 Shelby Lane Denton TX USA 76207 Phone #:(940) 382-9600 Fax #: (940) 382-9605 Remit To: PO Box 610101 Dallas Tx, 75261-0101 Denton - Sales, City of 332 E. Hickory Denton TX 76209 Estimate 14000156 III I II II II III II I II II Ticket Date: 8/25/2016 Cashed Out Date: Parts Employee: (AO1Z) Jacob Ventrca 1003013 Work: (940) 349-7100 Ship To: 201024 CMC ProSeries 7 Anchor Strap - NFPA ❑ 1.0 $49.85 $0.00 $49.85 $0.00 $49.85 300120 CMC Rescue Steel Lacking D';Carabiner (Gold) ❑ 8.0 $51.69 $0.00 $51.69 $0.00 $413.52 371290 CMC NFPA Extra Large Steel Rescue ❑ 2.0 $36.28 $0.00 $36.28 $0.00 $72.56 300890 Bar Rack 0 1.0 $151.40 $0.00 $151.40 $0.00 $151.40 390364 SHOCK ABSORBER ❑ 1.0 $33.87 $0.00 $33.87 $0.00 $33.87 333000 CMC Rescue MPD Pulley/Descent Control 1/2" ❑ 1.0 $713.00 $0.00 $713.00 $0.00 $713.00 07.1000.1125 PFD, RANGER, LARGE, BLK/YEL ❑ 4.0 $270.24 $0.00 $270.24 $0.00 $1,080.96 480246-2 Pro -Tec Water Rescue Helmet, LG ❑ 4.0 $51.69 $0.00 $51.69 $0.00 $206.76 1550EMS EMS CASE ❑ 1.0 $311.90 $0.00 $311.90 $0.00 $311.90 MISC LIFEPAK ❑ 1.039,939.33 $0.00 $39,939.33 $0.00 $39,939.33 MISC AIRWAY BAG ❑ 1.0 $0.00 $0.00 $0.00 $0.00 $0.00 MISC INTUBATION ❑ 1.0 $0.00 $0.00 $0.00 $0.00 $0.00 3087-175-000 Ceiling and wall tool holder ❑ 1.0 $40.25 $7.84 $32.41 $0.00 $32.41 3095-155-000 QUIC-MOUNT BOLT CUTTER BRACKET ❑ 1.0 $89.20 $17.39 $71.81 $0.00 $71.81 1004 HANDLOK MOUNT ❑ 30. $53.58 $23.35 $30.23 $0.00 $906.90 1009 TOOL HANGER ❑ 4.0 $33.95 $3.47 $30.48 $0.00 $121.92 1002 FLEXMOUNT ❑ 1.0 $30.95 $3.93 $27.03 $0.00 $27.03 K5032 HALLIGAN TOOL MOUNT KIT ❑ 1.0 $103.95 $14.83 $89.13 $0.00 $89.13 1003 TOOLOK MOUNT ❑ 5.0 $18.04 $0.00 $18.04 $0.00 $90.20 1001 HOOKLOK, 1 PAIR ❑ 15. $29.95 $4.07 $25.88 $0.00 $388.20 K5010 SLEDGE HAMMER KITPAC, ❑ 2.0 $76.95 $10.83 $66.13 $0.00 $132.26 1011 FLATHEAD AXE HANGER / POCKET ❑ 1.0 $74.95 $9.98 $64.98 $0.00 $64.98 1012 PICKHEAD AXE HANGER / POCKET ❑ 1.0 $101.95 $13.97 $87.98 $0.00 $87.98 Pay ype CC # Signature: Cashed Out By: Cash Out Date: Cash Drawer: Amount Parts Total: Core Total: Freight Total: Sublet Total: Labor Total: Other Charges: Shop Supplies: Sub Total: $187,000.13 $0.00 $2,500.00 $0.00 $0.00 $0.00 $0.00 $189,500.13 Discount Total: Ext Price: Sales Tax: Total: Deposits: Amount Due: Amt Tendered: Chg Returned: $0.00 $189,500.13 $0.00 $189,500.13 $0..00 $189,500.13 $0.00 $0.00 As our customer, you just saved: $17,338.75 DISCLAIMER OF WARRANTIES -Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any impliedwarranty of merchantability or fitness for a particular purpose, and seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS! Printed On : 812612016 2:40:35 PM Page 6 of 7 EXHIBIT 1 Siddons-Martin Emergency Group 3500 Shelby Lane Denton TX USA 76207 Phone #:(940) 382-9600 Fax #: (940) 382-9605 Remit To: PO Box 610101 Dallas Tx, 75261-0101 Denton - Sales, City of 332 E. Hickory Denton TX 76209 Estimate 14000156 III I II II II III II I II II Ticket Date: 8/25/2016 Cashed Out Date: Parts Employee: (AO1Z) Jacob Ventrca 1003013 Work: (940) 349-7100 Ship To: M-25 MOUNTING PLATE, 2.5" ❑ 10. $32.00 $10.09 $21.91 $0.00 $219.10 M-15 MOUNTING PLATE, 1.5" ❑ 10, $35.00 $11.48 $23.52 $0.00 $235.20 CH -312 WATER CAN HARNESS ❑ 1.0 $42.00 $7.50 $34.50 $0.00 $34.50 MISC MDC MOUNT ❑ 1.0 $0.00 $0.00 $0.00 $0.00 $0.00 i MISC TOUGH BOOK MDC ❑ 1.0 $0.00 $0.00 $0.00 $0.00 $0.00 MISC DDE SOFTWARE ❑ 1.0 $0.00 $0.00 $0.00 $0.00 $0.00 90503 Flashlight, Streamlight Survivor LED ❑ 4.0 $219.58 $96.48 $123.10 $0.00 $492.40 44451 Fire Vulcan, Vehicle Mount System, 12V ❑ 1.0 $293.25 $124.63 $168.62 $0.00 $168.62 45670 Portable Scene Light - 120V AC/12V ❑ 1.0$1,149.00 $517.08 $631.93 $0.00 $631.93 P -CONSOLE -L CUSTOM POLY CONSOLE ❑ 1.0 $800.00 $0.00 $800.00 $0.00 $800.00 P -EXTRICATION -MED CUSTOM POLY EXTRICATION MOUNT- ❑ 1.0 $800.00 $0.00 $800.00 $0.00 $800.00 P -SAW CUSTOM POLY SAW MOUNT ❑ 1.0 $600.00 $0.00 $600.00 $0.00 $600.00 P-MISC TRAY CUSTOM POLY FAN MOUNT ❑ 1.0 $300.00 $0.00 $300.00 $0.00 $300.00 MISC MISC HARDWARE-LOWES/HOMEDEPOT ❑ 1.0 $500.00 $0.00 $500.00 $0.00 $500.00 FRT FREIGHT ❑ 1.0$2,500.00 $0.00 $2,500.00 $0.00 $2,500.00 PU Type CC # Signature: Cashed Out By: Cash Out Date: Cash Drawer: Amount Parts Total: Core Total: Freight Total: Sublet Total: Labor Total: Other Charges: Shop Supplies: Sub Total: $187,000.13 $0.00 $2,500.00 $0.00 $0.00 $0.00 $0.00 $189,500.13 Discount Total: Ext Price: Sales Tax: Total: Deposits: Amount Due: Amt Tendered: Chg Returned: $0.00 $189,500.13 $0.00 $189,500.13 $0..00 $189,500.13 $0.00 $0.00 As our customer, you just saved: $18,589.58 DISCLAIMER OF WARRANTIES -Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any impliedwarranty of merchantability or fitness for a particular purpose, and seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS' Printed On : 812612016 2:40:35 PM Page 7 of 7 EXHIBIT 2 .. . . ... .... . . ...... . ... .... City of Denton Fire Department DATE: September 15, 2016 TO: Chuck Springer, Director of Finance Tony Puente, Assistant Director of Finance FROM: Robin Paulsgrove, Fire Chief I Elton Brock, Purchasing ManagM fire engine apparatus through the local vendor Siddons-Martin Emergency Group. . IT D MW is sold through Siddons-Martin, as the local authorized distributor. Pierce has provided the, City with high quality, long lasting products and excellent customer service. The Fire and Purchasing Departments recommends the continued standardization of equipment to Robin E I'm s' ve Fire Chief, Fln erk-61cy Management Director Elton D. Brock Manager, Materials Management and Purchasing 12101;j r. 11 ro) I Korn 11 Pierce Customer Sea 2600 American Drive P.O. Box 2017 Appleton, WI 54914 January 2, 2015 To Whom it may concern: EXHIBIT 3 WE'VE GOT e YOUR - SACK Since 1917, Pierce Manufacturing has provided the finest fire apparatus in the industry. The quality of our products and service are our number one priority. In order to provide you with the personalized level of service you deserve, Pierce Manufacturing has established a widespread network of authorized dealers throughout the country. S'iddons-Martin Emergency Group is the authorized dealership in Texas, Louisiana, and New Mexico supporting the Pierce fire apparatus product line. They are the sole source for parts and warranty service in this area accordingly and are extremely qualified to provide you with the service you have come to expect. Siddons-Martin Emergency Group is also the authorized sole source parts distributor for aftermarket service and support for the Oshkosh Airport product line as well within the states of Arizona, Louisiana, New Mexico, Oklahoma, Texas, and Clark County, NV. Please contact them directly for any requests concerning both product lines. Siddons- Martin Emergency Group can provide you parts and labor for any of thie apparatus at the quality you';,deserve. Sincerely: Kevin Hanegr Directory Afte rket Support I" M K0 E® SPEOSH HASTY AIRPORT VEHICLES PRODUCTS EXHIBIT 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE PURCHASE OF EQUIPMENT TO OUTFIT TWO (2) PIERCE VELOCITY PUMPER FIRE ENGINES FOR THE CITY OF DENTON FIRE DEPARTMENT, WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 6245 AWARDED TO SIDDONS-MARTIN EMERGENCY GROUP IN THE NOT -TO -EXCEED AMOUNT OF $379,000.26). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 6245 Siddons-Martin Emergency Group $379,000.26 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. EXHIBIT 4 SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 6245 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 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 16-1252, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: September 27, 2016 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase and installation of a 300 kilowatt (KW) single phase generator 277/480 with 600 AMP main breaker to provide emergency backup for the City of Denton Service Center operations which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 6239 -awarded to C&G Electric, Inc. in the not -to -exceed amount of $121,490). FILE INFORMATION This item is for the purchase and installation of one (1) new emergency 30OKW Cummins Generator 277/480 with 600AMP main breaker and one (1) ASCO Series 3, 2000AMP service entrance rated transfer switch beside the existing Main Distribution Panel. The purchase and installation of the generator is time sensitive due to the potential for inclement weather in the near future. The Service Center recently had an outage of over three (3) hours due to a lightning strike. This created a potential situation for security issues to arise since Denton Municipal's Communications Department is housed at this facility and they are a Physical Security Perimeter (PSP) area. C & G Electric has installed other generators for the City at the Fleet Services building and Denton Municipal Electric facilities, therefore we would like to proceed with their services in this area due to their familiarity with the City's processes. There is a 10-12 week lead time and using a company familiar with the City and its processes will assist in expediting the completion of the project. RECOMMENDATION Approve the award of a contract for the purchase and installation of a 300 kilowatt (KW) single phase generator 277/480 with 600 AMP main breaker to C&G Electric, Inc. in the not -to -exceed amount of $121,490. PRINCIPAL PLACE OF BUSINESS C & G Electric Denton, TX ESTIMATED SCHEDULE OF PROJECT City of Denton Page 1 of 2 Printed on 9/23/2016 povveied by I_egivt9i IN File #: ID 16-1252, Version: 1 The estimated completion date for the installation of the generator is December 1, 2016. FISCAL INFORMATION Multiple departments from the Service Center have contributed to the funding of the new generator. The account numbers that will be used to find this project are 100223444.1360.40100, 630248517.1365.40100, and 100223409.1365.40100. 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: 1.3 Promote effective internal and external communication EXHIBITS Exhibit 1: Quote Exhibit 2: Staff Memo Exhibit 3: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Dean Hartley at 349-8243. City of Denton Page 2 of 2 Printed on 9/23/2016 povveied by I_egist9i I;, EXHIBIT l Proposal 1 i cc lick iivi . TECL #17377 Electric CO n t r a C t O PA 4801 W. University Drive Building 102 Denton, Texas 76207 (940) 566-0711 or (940) 387-4331 Fax (940) 387-1172 PROPOSAL SUBMITTEDTO City of Denton Facilities Management PHONER 940-349-7200 DATE September 13, 2016 TO THE ATTENTION OF David Saltsman dOBNAhlE City of Denton Warehouse Generator -REVISED STREET 869 S. Woodrow Texas ST. C—,STATE,ZIP EMAIL ,,,,.. .___ ......... Denton, TX. 76205 davz(l.saltsman(a)cltyotdenton.com PIANS BY DATE OF PLANS FAX NUMBER; lda-1 BPHONE1 WelarabY sutnalxpedEatiwa ab wanarw �: C&G Electric proposes to provide material and labor for the following: 1.) Furnish and install (1) 300 KW Cummins Generator 277/480 with 600 AMP main breaker, 270 gallon (12hr) UL 142 compliant sub -base tank. 2.) Furnish add install (1) ASCO Series 3, 2000 AMP service entrance rated transfer switch beside existing MDP. Splice and re-route existing feeders from transformer to transfer switch, Install 2000 AND feeder from load side of switch to MDP. Install 600 AMP service from generator to transfer switch. Install control conduit and power for crank case heater and battery charger. Generator & transfer switch: $86,912.00 Concrete cutting, patching & pad: $7,500.00 Materials, crane & engineering: $16,738.00 Labor: $7,377.00 Payment & performance bond: $2.963.00 Base Bid: $121,490.00 Quote Includes: 1.) Concrete cutting and pave back, generator slab. 2.) Engineered drawing. 3.) Bond Fee. 4.) Digital remote annuciation 5.) Testing and owner training Quote Excludes: 1.) Sales Tax. 2.) Permit Fee. Iesyr2ti—��I,FeciRdwAQodt It 19 agreed mat in arriving at the above prices for labor and materials it is contemplated by the parries that the same will be pard to fire order of L: tlr U Llectnc, Inc. at its place of business in Denton, Texas, promptly as provided herein, and in the event same is not so paid we agree to pay interest at twelve (120A) percent on same amount from its due date and in the event the same is collected through suit or through an Attorney, the Probate Court or Bankruptcy Court, we agree to pay reasonable collection expenses, including but not limited to attorney's fee thereon. If it becomes necessary to file to secure funds under this agreement we hereby agree to reimburse C & G Electric, Inc., fm expenses incurred in the preparation of said lien the sum of $300.00, in addition to the foregoing reasonable collection expenses, including but not limited to attomey's fees. Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599 www. ucenae.amte.a.ua'cemplamta C & G ELECTRIC, INC. PROVIDES COMPREHENSIVE GENERAL LIABILITY, WORKER'S COMPENSATION, AUTOMOBILE LIABILITY AND EXCESS LIABUM INSURANCE COVERAGE, A CERTIPICATElS AVAI.ABLE ON REQUEST. EPROPOSE hereby to furnish material and labor -complete in accordancewith above specifications, for the sum of. dollars ($ ) Payment to be made as followric All —kdW o aaswd d to be a pd&& All —& 0 be m.VldW m a w.k-WO. Aumonized f /I acmuligg to ehndud padiew. Any alitaWa w dwidne aamt amus bignature wtdAmfi re i—I'* eabm —ii rill be e—dw ady 'FM —ittm e,d= and wiu Jeb Wbltesido, Project Manager i,-- m afro pub ova rid above we .0mft All azr� pa OgWt v slxBra$., —dmfs w dd r beyv,d ova m L 0— b arty ft twmdm a A one Note: Inca proposal maybe wtmdrawn ,mmsnse. Our workers — filly awed by Woi.—% O -pe— byria ifnotacceptedwimin 30 days. daccepranceoJrropayas Inc above prices, specm- canons and conditions are saasfectory and are Emily accepted. You are bignature authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature EXHIBIT 2 C, 901 Texas Street DENTON, TEXAS 76201 - (9 0) 349-7150 ® FAX (940) 349-8120 DENTON WatergUlffles VUT M "71=1 -ML Date: September 9, 2016 To: Elton D. Brock, Manager — Materials Management Division From: Mark Nelson, Transportation Director F11111111 lb ii — 11111113 - 1 0 MI will has reviewed the requirements and determined that in the event of a catastrophic event, or emergency event, the City's Service Center would need to continue to operate and function, The services provided to the citizens of Denton from the staff assigned to the Departments in the building are critical and vital, even more so in an emergency. Due to the critical nature of the services, restoring electrical power to the building, through a generator would allow the critical services to be rendered during an emergency in a 24-7 operation. The staff would be able to continue to fullii un I - T, Ar ;1W., I Denton residents. Facilities Management staff have become familiar with the operations of the existing generators in place at various buildings owned by the City, and all recent procurements of generators have been sourced through C&G Electrical. C&G Electrical is a local City of Denton company, and is very knowledgeable of the requirements and working operations of the City's generators, This knowledge is passed to the City's Facility Management staff, for day-to-day operation and maintenance of the e rul-W, 8 0 In accordance with the provisions of Texas Local Government Code 252.022(a) (2) (7), the �t,rocurement protection to the municipalities' residents' health and safety, and is considered a sole -source procurement for the reasons cited above. EXHIBIT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE PURCHASE AND INSTALLATION OF A 300 KILOWATT (KW) SINGLE PHASE GENERATOR 277/480 WITH 600 AMP MAIN BREAKER TO PROVIDE EMERGENCY BACKUP FOR THE CITY OF DENTON SERVICE CENTER OPERATIONS WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 6239 -AWARDED TO C&G ELECTRIC, INC. IN THE NOT -TO -EXCEED AMOUNT OF $121,490). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 6239 C&G Electric, Inc. $121,490 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. EXHIBIT 3 SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 6239 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 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 16-1258, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Denton Municipal Electric CM/ ACM: Howard Martin Date: September 27, 2016 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home rule municipal corporation ("City"), approving the exchange of a 1.334 acre tract located in the N. Meisenhamer Survey, Abstract, No. 810, Denton, Denton County, Texas ("Property"), to Rayzor Investments, Ltd. ("Rayzor"), for permanent and temporary utility easements, also located in the N. Meisenhamer Survey, and reservations of permanent utility easements and dedication of right of way in the Property to the City, all with the equivalent value of One Hundred and Fifty Thousand Dollars and No Cents ($150,000.00) as stated in the contract of sale ("Contract"); authorizing the City Manager in accordance with Texas Local Government Code 272.001(k) to execute a deed to Rayzor together with any other documents necessary to exchange the Property for permanent and temporary utility easements and reservations of permanent utility easements and dedication of right of way; and, providing an effective date. [Bonnie Brae to North Lakes TM Line Rebuild (Easement Exchange)] BACKGROUND Denton Municipal Electric (DME) Capital Improvement Plan includes a project to reconstruct its electric transmission system. DME has identified several projects that are critical to maintaining reliability and allowing Denton to continue to grow. Reconstruction of approximately 1.2 miles of existing 69kV transmission line from the North Lakes Substation south to Bonnie Brae Substation is needed to provide the capacity to meet the requirements of contingency planning criteria. The line will be reconstructed as 138kV. Rayzor Investments Ltd owns approximately 88,635 sq. ft. of property needed to meet the easement requirement for the new 138kV transmission line. The City of Denton owns, through recent land acquisitions for this project, approximately 58,109 sq. ft. of property to the north side of the easements needed. Through negotiations with the land owner and representatives, DME has negotiated to trade the City owned piece of property for the needed easements owned by Rayzor Investments Ltd. OPTIONS 1. Approve the ordinance to acquire the easement. 2. Do not approve the ordinance and direct that other actions be taken. RECOMMENDATION DME recommends that the City Council approve the proposed ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City of Denton Page 1 of 2 Printed on 9/23/2016 povveied by I_egivt9i IN File #: ID 16-1258, Version: 1 The Public Utility Board recommended approval of the transmission route August 10, 2015. The route was presented and approved by City Council on September 1, 2015. The Public Utility Board voted in favor of approving this transaction on August 8, 2016. 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. Transmission Line Easement Map 2. Ordinance Respectfully submitted: Phil Williams General Manager Prepared by: Elizabeth Bell Denton Municipal Electric City of Denton Page 2 of 2 Printed on 9/23/2016 povveied by I_egist9i I;, League nail & perkins SVCe-f-,T....7e,5uite3R0 Denton Municipal Electric ��q Denlen, h 940.383.8026N 40.383. Bonnie Brae to North Lakes TL tnp 940.3 R3.41T1 ph 940 3R3 ROR6 fx TBPE Registration No F-R30 Collinsworth Tract Easement —tnpin ORDINANCE NO. 2016 - AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME RULE MUNICIPAL CORPORATION ("CITY"), APPROVING THE EXCHANGE OF A 1.334 ACRE TRACT LOCATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810, DENTON, DENTON COUNTY, TEXAS ("PROPERTY"), TO RAYZOR INVESTMENTS, LTD. ("RAYZOR"), FOR PERMANENT AND TEMPORARY UTILITY EASEMENTS, ALSO LOCATED IN THE N. MEISENHAMER SURVEY, AND RESERVATIONS OF PERMANENT UTILITY EASEMENTS AND DEDICATION OF RIGHT OF WAY IN THE PROPERTY TO THE CITY, ALL WITH THE EQUIVALENT VALUE OF ONE HUNDRED AND FIFTY THOUSAND DOLLARS AND NO CENTS ($150,000.00) AS STATED IN THE CONTRACT OF SALE ("CONTRACT"); AUTHORIZING THE CITY MANAGER IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 272.001(k) TO EXECUTE A DEED TO RAYZOR TOGETHER WITH ANY OTHER DOCUMENTS NECESSARY TO EXCHANGE THE PROPERTY FOR PERMANENT AND TEMPORARY UTILITY EASEMENTS AND RESERVATIONS OF PERMANENT UTILITY EASEMENTS AND DEDICATION OF RIGHT OF WAY; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has acquired numerous property interests on N. Bonnie Brae St. between W. University St. and Riney Rd. and along Riney Rd. for the relocation and reconstruction of the existing transmission line; WHEREAS, the City purchased 1.334 acres located at the northeast corner of N. Bonnie Brae St. and Riney Rd. in the N. Meisenhamer Survey, Abstract No. 810, Denton, Denton County, Texas ("Property") for the relocation and reconstruction of its electric transmission line along N. Bonnie Brae St.; WHEREAS, the City plans to use a portion of the Property for the location of an electric transmission line, lay down area for the transmission line reconstruction in the area, and future street right of way; WHEREAS, the City needs additional electric utility easements on the east side of Bonnie Brae St., and south of the Property, on property owned by Rayzor Investments, Ltd.; WHEREAS, Rayzor has made an offer to obtain the Property from the City in exchange for the City receiving permanent and temporary electric utility easements south of the Property and the reservation of a permanent electric easement and dedicated right of way on the Property being conveyed to Rayzor; WHEREAS, the equivalent values of the respective property interests obtained by both the City and Rayzor is $150,000.00; and WHEREAS, the City, under Local Government Code, Section 272.001(k), has passed a resolution stating the conditions and circumstances for the exchange of the Property directly to Rayzor and the public purpose achieved by said exchange; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is authorized (a) to execute on behalf of the City (i) the Contract of Sale ("Contract"), between the City and Rayzor, substantially in the form attached as Exhibit "l"; and (ii) any other documents necessary for closing the transaction substantially in the form attached to the Contract, including, but not limited to executing a Special Warranty Deed, substantially in the form attached to the Contract which contains a reservation of an electric utility easement and dedication for right of way and conveys the Property to Rayzor•, (b) accept permanent and temporary utility easements from Rayzor that are substantially in the form attached to the Contract; and, (c) to make expenditures in accordance with the terms of the Contract. SECTION 2. The matters set forth in the preamble of this ordinance are incorporated into the body of this ordinance as findings by the City Council. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in ftill force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 7 2016. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 0 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: