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Home My WebLink About2018-02-27 Agenda with BackupCity of Denton Meeting Agenda City Council City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton. com Tuesday, February 27, 2018 12:00 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, February 27, 2018 at 12:00 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. Work Session Renorts A. II) 18�145 Receive a report, hold a discussion, and give staff direction regarding the Texas Commission on the Arts' Cultural Districts Program. Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - Presentatian B. II) 18�14F� Attachments: C. II) 18�256 Attachments: D. II) 18�293 Receive a report, hold a discussion, and give staff direction regarding the City's Policy for Tax Abatement and Incentives. Exhibit 1- Aaenda Infarmatian Sheet Exhibit 2- Draft Resalutian and Palicy Exhibit 3 - Presentatian Receive a report, hold a discussion, and give staff direction regarding the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to city utilities customers contained in Ordinance No. 2016-276; amending the provisions of the account connection and reconnection charges; amending the provisions of the miscellaneous fees, charges and deposits; providing for a repealer; providing for a severability clause; providing for an effective date. The Public Utilities Board recommended approval (6-0) of Option 2 for the AMI opt-out option with the proposed Customer Service fees and changes. Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2- Trilliant Technical �rief an SecureMesh Radia Frequency Safety Exhibit 3 - ardinance Exhibit 4 - Presentatian Receive a report, hold a discussion, and give staff direction regarding the City's Hotel Occupancy Tax Program. Page 1 Printed on 2/23/2018 City Council Meeting Agenda February 27, 2018 Attachments: E. II) 18�294 Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2- HaT Fund Financial Summarv Exhibit 3- Praqram Year 2018 Guidelines and Applicatian Exhibit 4- Resalutian �Ia. 2013-021 (Public Art Palicy) Exhibit 5- Annual HaT Repart FY 2016-17 Exhibit 6 - Presentatian Receive a report, hold a discussion, and give staff direction on preliminary research and options for the availability of restrooms in the downtown area. Exhibit 1- Acaenda Infarmatian Sheet Exhibit 2- Presentatian F. II) 18�297 Receive a report, hold a discussion, and provide direction to staff on recommended changes to residential parking standards. Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - Presentatian Following the completion of the Work Session, the City Council will convene in a Special Called Meeting to consider the following items: 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— B). 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— B 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. II) 17�1F�59 Attachments: Consider adoption of an ordinance of the City of Denton, Texas reappointing Robin A. Ramsay as Presiding Judge for the City of Denton Municipal Court of Record; establishing a term of office for the Presiding Judge beginning on the 4th day of March, 2018; and extending through the 3rd day of March, 2020; authorizing the Mayor to execute a contract for term of office; and ratifying terms of contract; and declaring an effective date. Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - ardinance Exhibit 3 - Emblavment Aareement B. II) 18�271 Consider adoption of an ordinance of the City of Denton, Texas, appointing Gregory L. Bertrand as Assistant Judge for the City of Denton Municipal Court of Record; appointing Dennis Engler as Assistant Judge for the City of Denton Municipal Court of Record; page Z Printed on 2/23/2018 City Council Meeting Agenda February 27, 2018 appointing Alison J. Grant as Assistant Judge for the City of Denton Municipal Court of Record; appointing Brian S. Holman as Assistant Judge for the City of Denton Municipal Court of Record; appointing James Horton as Assistant Judge for the City of Denton Municipal Court of Record; appointing Ann Poston as Assistant Judge for the City of Denton Municipal Court of Record; establishing terms of office for municipal judges in accordance with applicable state statutes; providing for renewal and extension of terms absent specific action by Council; authorizing the Mayor to execute a contract for term of office; ratifying terms of contract; and declaring an effective date. Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - ardinance 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. NOTE: 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. CERTIFICATE I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2018 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE 1N ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE 1NTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS 1N 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 1NTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. Page 3 Printed on 2/23/2018 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-145, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the Texas Commission on the Arts' Cultural Districts Program. City of Denton Page 1 of 1 Printed on 2/23/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton _ . City Ha11 �� 5 215 E. McKinney Street tiY �� " Denton, Texas www. cityo fdenton. com DEPARTMENT: CM/ DCM/ ACM: DATE: AGENDA INFORMATION SHEET Economic Development Bryan Langley February 27, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the Texas Commission on the Arts' Cultural Districts Program. BACKGROUND The 79�h Texas Legislature authorized the Texas Commission on the Arts to designate cultural districts in cities across the state. Cultural districts are special zones that harness the power of cultural resources to stimulate economic development and community revitalization. These districts can become focal points for generating businesses, attracting tourists, stimulating cultural development, and fostering civic pride. Designated cultural districts are eligible for grant funding from TCA for cultural tourism projects. Cultural districts are formed around an existing concentration of "cultural assets" clustered in a walkable area that a city wants to promote to visitors and residents. Cultural assets include performances and exhibitions, creative activity, architecture, and historical offerings. Cultural districts do not obligate property owners within the district to any type of additional regulations. Thirty communities — ranging in size from Houston to Alpine — have cultural districts. The application process through TCA is done on an annual basis, and not every application is approved. In-depth planning is required prior to the application being submitted, and support from local political and arts leaders is critical. The application requires that the community's capacity for ongoing funding and management of the district be clearly demonstrated. If a community's application is approved, an annual report on the district must be submitted to TCA and reapplication is required every 10 years. Some communities designate cultural districts at the local level instead of through TCA, which negates the need for the application and annual reporting process. This could be accomplished via a Council resolution designating the district. However, a cultural district with a local designation alone is not eligible to apply for TCA grants. Two communities, Texarkana and Dallas, designated local cultural districts first and then applied to the TCA in later years. The TCA's Cultural District Project Grant Program is designed for projects that focus on significant cultural tourism projects. Requests up to 50 percent of a project's budget, not to exceed $250,000, will be considered; a dollar-for-dollar match is required. Eligible categories include: • High-quality arts programming that will attract a significant number of visitors from 50 miles or more outside the community • Enhancements to the cultural district to make it more accessible, attractive, cohesive-looking, and safe for visitors • Improved signage and wayfinding for the district • Promotion of the district; this may include the district's website, branding and marketing • Organizational support for the management and operations of the district Existing cultural districts have demonstrated the following benefits in communities: • Attracting and retaining artists and cultural enterprises • Encouraging business and job development • Fostering local cultural development • Preserving and reusing historic buildings • Enhancing property values • Establishing tourism destinations Some of the challenges existing districts have faced include: • Staffing and administration • Startup and ongoing funding • Long-term planning • Relevance to local residents • Gentrification TCA administrators have identified the following common traits among successful cultural districts that may serve as indicators of potential success in new districts: • Unique and authentic identity • Political and community support • Strategic partnerships • Inclusive cultural strategic planning • Artists are partners • Sustainable artist live/work spaces • Anchor institutions and special events • Strong amenities • Local developer/s committed to the cultural district • Marketing and promotion efforts Denton is fortunate to have a wealth of cultural assets, a cultural district would be a new way to embrace and promote those assets for economic development and cultural tourism, as well as opening up a new avenue for grant funding. Should the Council direct staff to pursue the establishment of either a TCA designated or a locally designated cultural district, next steps would include: • Gauging interest of key stakeholders in participating in the cultural district planning/formation process • Determining level of funding, funding sources, and staff resources necessary to form and maintain district • Researching cultural districts in other communities • Determining possible boundaries of a • Developing initial plan and timeline for application STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.2 Make Denton a destination for visitors EXHIBITS Exhibit 1— Agenda Information Sheet Exhibit 2 — Presentation Respectfully submitted: Caroline Booth Director of Economic Development � � � � � � � N Q O N > � U .� O � O U w I � � O m N O � � U w � � U W � m 0 � �"� �, '"� �� m;, „�� '� u � '��, �`�: � �a� � z � 0 � V � U � J O O O O � N � � U X N O � O � � � � � � � U N O Q � O � O � O � Q � . . a:,. � U .� � � � � � � U � � � 0 � � � � � 0 � � a� a� � Q � O ��' > � � � � O U � O Cn J . . . . . . . . . . ,;, � w � � } � c 3� }Q . }�� a�i= �� U} � •- � ��a U = � O � V O � � N � O = y � Qi N y y � �y3 v� _ �o� ? } Q U � � O 0 � } O.N N� �O 3=y � � � � N N ��3 � y O � � � � � � O y � _} � � �O i � _ o3v y3� c � � O = U � N N C o� v � � w Z � � 7 J J J Z 0 � U w � � City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-146, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the City's Policy for Tax Abatement and Incentives. City of Denton Page 1 of 1 Printed on 2/22/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton _ . City Ha11 �� 5 215 E. McKinney Street tiY �� " Denton, Texas www. cityo fdenton. com DEPARTMENT: CM/ DCM/ ACM: DATE: AGENDA INFORMATION SHEET Economic Development Bryan Langley February 27, 2018 SUBJECT Receive a report and hold a discussion regarding revisions to the City's Policy for Tax Abatement and Incentives. BACKGROUND When the City Council desires to incentivize a company to locate or expand in Denton, it may use the tools of property tax abatement and property or sales tax rebate. The City has a Policy for Tax Abatement and Incentives that guides the use of these tools. Under state law, the Policy for Tax Abatement and Incentives must be approved by the City Council every two years; the deadline for approval is Apri15, 2018. On Jan. 10, the Economic Development Partnership (EDP) Board received a work session presentation regarding proposed revisions. Their suggestions and comments from that work session were presented to the City Council in a work session on Jan. 16. The feedback from the EDP Board and Council has been incorporated into the draft revised policy attached to this item as Exhibit 2. Beginning with formatting changes, staff suggests revisions to improve organization, clarity, and readability. We propose expanding the General Provisions to define Denton's economic development goals and target industries. We further propose expanding the Definitions section as well as bringing all existing incentive programs — the Economic Development Investment Fund and the Based Aircraft Incentive — under this policy. The Economic Development Investment Fund was established as a Special Revenue Fund by Ordinance No. 2016-229; this ordinance must remain in place in order to comply with Governmental Accounting Standards Board rules. We have referenced the ordinance in the attached draft policy. The Based Aircraft Incentive was established as a separate incentive policy by Resolution No. R2015-042. We propose repeal of that resolution and inclusion of a based aircraft incentive in the attached draft policy. The EDP Board agreed with the proposed formatting changes, but asked staff to clarify that while businesses in target industries are preferred, not being in a target industry does not disqualify a business from applying for an incentive if it meets other requirements under the policy. Council agreed with staff's proposed formatting changes and the EDP Board's suggested clarification. The following chart summarizes staff's proposed content changes, the EDP Board's comments, and the Council's comments: Staff Pro osed Chan e EDP Board Comments Council Comments • Limit Ch. 380 tax rebate • Desire to preserve the • Agree with EDP agreements to terms of 10 years flexibility for Ch. 380 terms Board comments or less beyond 10 years; do not want to • consistent with state law limit options on the term of tax • Option to grant more abatements than one 10-year phase with thresholds to initiate subsequent phases • Option to reduce percentage of incentive over the term of the grant • Exclude retail projects except • Reword to "Prioritize retail • Concerned that those that address a gap or projects that address a gap or "prioritize" conveys leakage in the Denton market leakage in the City of Denton" that retail is a target • Project must generate at • Define "retail" industry and prefer least $15 million in . Define "leakage" that another term be annual taxable sales to be used considered • Sales tax rebates will be capped at 50% of sales tax receipts • Remove existing capital- • Retain some additional factors, • Agree with EDP investment based framework and such as use of green Board comments "additional factors" technologies, local hiring and • Stated that any • Retain $5 million contractors, and community additional factors minimum value of involvement, but don't tie to claimed in the structure and business increased percentage of incentive application personal property to be incentive and used in the considered for a tax decision—making incentive process must be referenced in the contract as a compliance requirement and verified prior to an incentive payment being made • Addition of minimum thresholds: • Allow the ability for an • Some felt that • New development — incentivized company to applicants should be Denton Central Appraisal request an amendment to its expected to make District (DCAD) incentive agreement if it 100% of the valuation valuation of the project doesn't meet the minimum and hiring projections must be at least 80% of threshold in their applications the eligible investment • Allow for a proportional and any deviations submitted in the incentive reduction in the incentive if the from that should be application threshold is missed addressed in the contract • Expansion/redevelopment • Do not terminate an incentive if • Others felt that — DCAD valuation of the a company doesn't meet its handling it that way incremental increase in threshold in a given year, but would remove value must be at least do not make an incentive predictability and 50% of the eligible payment in that year negatively affect investment submitted in equity based on a the incentive application company's ability to • Jobs — actual jobs created negotiate must be at least 80% of what is submitted in the application • Addition of jobs-based incentive • Concern regarding a business • Agree with EDP option for businesses that do not with no significant capital Board comments on meet the $5 million minimum investment being easily able to concerns regarding value of structures and business leave the community mobility of businesses personal property or $15 million • Desire for a minimum threshold without significant in annual taxable sales of jobs created to be eligible to capital investment in • Criteria could include net apply for such an incentive the community new jobs created with . Possible use of total payroll as • Want to include wages above the Denton a threshold businesses that do County median or net qualify for other new knowledge-based or incentives high-skilled jobs created in one of Denton's target industry sectors Please note: While we began the Incentive Policy and PID Guidelines discussion at the same time, we have now separated them into two items. Staff will present another work session on PIDs and the PID Guidelines during the Council luncheon on March 5. Council's feedback from that meeting will be presented to the Economic Development Partnership Board at its March 23 meeting and the Board will make a recommendation to Council regarding the revised guidelines. The EDP Board's recommendation will be brought to Council as soon as possible after that. PRIOR ACTION January 16, 2018 — Work Session presented to City Council January 10, 2018 — Work Session presented to the Economic Development Partnership Board February 14, 2018 — Economic Development Partnership Board recommends approval of the revised Policy for Tax Abatement and Incentives (7-0) STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Related Goal: economic growth EXHIBITS Economic Development 31 Develop targeted policies and incentives to achieve desired Exhibit 1— Agenda Information Sheet Exhibit 2— Draft Resolution and Revised Policy for Tax Abatement and Incentives Exhibit 3 — Presentation Respectfully submitted: Caroline Booth Director of Economic Development RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMENDING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS AND OTHE INCENTNE AGREEMENTS; AND DECLARING AN EFFECTNE DATE. WHEREAS, on June 6, 2000, the City Council approved guidelines and criteria, known as the Denton Policy for Tax Abatement (sometimes referred to as "Policy"), by passing Resolution No. R2000-28; and WHEREAS, on May l, 2001, the City Council amended the Policy to allow waiver of the Five Million Dollar threshold and the maximum taY abatement percentage; to define professional positions; to make other changes as set forth in the amended Policy; and WHEREAS, on August 19, 2003, the City Council amended the Policy to make additional changes in the Policy under the provisions of the Tax Code the Policy expired on August 19, 2005; and WHEREAS, on December 6, 2005, the City Council amended the Policy to make additional changes in the Policy and under the provisions of the Tax Code the Policy expired on December 6, 2007; and WHEREAS, in accordance with Chapter 312 of the Texas Tax Code requiring that tax abatement policies be adopted every two years, the Policy was adopted on February 5, 2008; and WHEREAS, on Apri120, 2010, the City Council extended the Policy to make changes in the Policy and under the provisions of the Tax Code the Policy expired on February 5, 2010; and WHEREAS, on April 17, 2012, the City Council amended the Policy to make additional changes in the Policy and under the provisions of the Tax Code the Policy expired on April 17, 2014; and WHEREAS, on May 6, 2014, the City Council amended the policy to make additional changes in the Policy and under the provisions of the Tax Code the policy expired on May 6, 2016; WHEREAS, on Apri15, 2016, the City Council adopted Resolution R2016-009 amending the Policy to make additional changes in the policy and under the provisions of the Tax Code the Policy expires on Apri15, 2018; and WHEREAS, the City Council desires to promote economic development within Denton; and WHEREAS, providing tax abatement and other incentives within the City or its extraterritorial jurisdiction will likely contribute to the economic development of Denton by encouraging major investment, the creation of jobs, and other economic development benefits; and WHEREAS, the Property Development and Tax Abatement Act, Chapter 312, of the Texas Tax Code, allows the City to establish its own criteria for tax abatement and the City has previously adopted guidelines for tax abatement by passing Resolution Nos. R90-18, R98-004, R2000-028, R2001-020, R2003-021, R2005-057, R2008-003, R2010-009, R2012-009, R2014- 016, and R2016-009; and WHEREAS, the City Council deems it in the public interest to continue to be eligible for participation in tax abatement and other incentives and to adopt policies, guidelines, and criteria governing tax abatement agreements and other incentives to be known as the Denton Policy for TaY Abatement and Incentives; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The policies, guidelines, and criteria found in the Denton Policy and Tax Abatement and Incentives, attached hereto as Exhibit A and made part of this Resolution and incorporated herein for all purposes, as in all things amended, approved, and adopted. From and after the effective date of the Resolution, the attached Denton Policy for Tax Abatement and Incentives shall constitute policy guidelines and criteria governing tax abatement and other incentive agreements for the City of Denton in accordance with Chamber 312 of the Texas Tax Code. SECTION 2. Pursuant to Texas Tax Code Section 312.002(c), the guidelines and criteria approved herein shall be effective for two (2) years from the date of approval of this Resolution, during which time the guidelines may be amended or repealed by a vote of 3/4 of the members of the Council. SECTION 3. The City Council hereby reasserts its decision to become eligible to participate in tax abatement and other incentives. The City Council provides certain tax incentives applicable to business enterprises in various reinvestment zones which are established in the City in accordance with the applicable provisions of Chapter 312 of the Texas TaY Code and in accordance with the guidelines and criteria established in the Attached Exhibit A and in the amended Policy. PASSED AND APPROVED this the day of , 2018. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY : EXHIBIT A CITY OF DENTON POLICY FOR TAX ABATEMENT AND INCENTIVES I. GENERAL PROVISIONS A. Denton's central location on the I-35 transportation corridor, educated population, skilled workforce, and friendly business climate make it a natural place for business and industry success. As the county seat of Denton County, Denton is a well-established city that is currently enjoying rapid growth as companies and individuals are drawn to the opportunities found here. The provisions of this policy apply in the city limits of the City of Denton, Texas, (City) and any applicable extraterritorial jurisdiction of the City. B. The City is committed to promoting economic growth and redevelopment that expands and diversifies the tax base; creates quality jobs; enhances the quality of life for residents; protects human health and the environment, and secures new customers for municipal utilities. The City is a national model for public power through Denton Municipal Electric, which currently incorporates at least 40 percent renewable energy into its portfolio and has committed to obtaining 100% renewable energy by 2020. Local economic development incentives serve as a tool for the City to use in accomplishing these objectives. To provide a framework for the consideration of the use of public resources to stimulate economic activity, the City has established this policy to align the use of incentives with the City's strategic key focus areas and ensure a positive return on investment for the community. TaY incentives, as described herein, are governed by Section 312 of the Texas Property Tax Code and Chapter 380 of the Texas Local Government Code. C. While this policy is used to outline the procedures and criteria for granting incentives, nothing in this document implies that the City is under any obligation to provide an incentive to any applicant. Further, though this policy provides a framework for evaluation of incentive applications, every project will be considered on a case-by-case basis by the Economic Development Partnership Board (EDPB) and the City Council. Incentives will not be considered if a building permit for new construction has been issued, a permit for commercial alterations has been issued, or purchase of an existing building has been executed (excluding existing businesses seeking to expand). D. The City has target industry sectors for recruitment that will be given priority consideration: aviation/aerospace; advanced manufacturing; renewable energy; research and development; information technology; supply chain for existing primary employers, and significant consumers of municipal utilities. While these sectors will be given priority consideration, not being in a target industry does not disqualify a business from applying for an incentive if it meets other requirements under the policy. E. Priority consideration may also be given for projects that further the following City economic goals and objectives: • Promoting business and community investment • Expanding and diversifying the tax base • Promoting public-private partnerships in investment • Increasing jobs with wages above Denton County's median wage • Increasing the percentage of jobs paying $75,000 per year or more from 10 to 14 percent by 2020 • Encouraging higher-skilled and knowledge-based jobs • Causing infill redevelopment to reduce urban sprawl or to encourage other desirable development • Encouraging start-up and small businesses to promote entrepreneurship and innovation • Generating new customers for municipal utilities • Engaging in sustainable practices or activities F. Only retail projects (retail stores, restaurants, shopping centers, or malls) that offer unique goods, services, or a brand that is not currently offered in the Denton city limits may be considered for incentives. This consideration is designed to help address unmet demand and minimize retail leakage from the City into the surrounding trade area. A minimum of $15 million in annual taxable sales generated is required in order to be eligible for consideration of a rebate of sales taxes. The City may rebate a portion of the sales taxes generated not to exceed 50% of the sales tax receipts. G. This policy is adopted under the authority of the Constitution and Laws of the State of Texas and the City Charter of the City of Denton, Texas. H. Applicants requesting incentives in Denton will be considered under the provisions of this policy. Projects are evaluated with regard to their return on investment and public benefit. This could include addition of ad valorem tax value, sales tax, quality jobs, or other significant public benefit. L Every incentive agreement the City enters into is an investment for the public benefit, and each project is considered with regard to its merit to the community at large. Performance measures will be established for each project, and annual compliance reporting must be completed by incentive recipients prior to receipt of incentives. J. Projects that do not meet performance measures are subject to recapture of a portion or all of the incentive value. Should an incentive recipient fail to meet performance measures and to perform under the prescribed cures, incentives are subject to repayment to the City of Denton. K. The Denton County Tax Abatement Policy states that applicants whose projects will be located in or are currently located in a municipality within the county must have an approved and executed Tax Abatement Agreement with that municipality prior to applying for a Denton County tax abatement. Denton County will not utilize Chapter 381 of the Texas Local Government Code to administer a community and economic development program to provide grants as a form of economic development. II. DEFINITIONS "Agreement" means a contract between an Incentive recipient and the City clarifying the terms, performance measures, and obligations of the parties. "Assessed TaYable Value" means the value of the real and business personal property, as appraised 2 by the Denton Central Appraisal District ("DCAD"/or "District"), after any exemptions ha�e been applied. `Base Year Value" means the Assessed TaYable Value as of January 1 preceding the execution of the agreement, excluding land value, inventory, vehicles and supplies, as determined by the DCAD. "Business Park" is defined as a multi-building, multi-tenant, master planned complex of approximately one million square feet or more under roof, constructed to house manufacturing, distribution, assembly, and office facilities. "Business Personal Properry" means property associated with a Project other than Real Property and excluding inventory, vehicles and supplies. "Capital Investment" means the total actual capital cost to grantee for the acquisition of land, development, and construction of the Project, including a reasonable capital operating reserve, and the furniture and equipment installed at the Project. "City" means the City of Denton, Texas, and its governing and operating bodies. "City HOT Returns" means City of Denton HoteUMotel Occupancy Tax Reports on which the grantee or other persons report and remit City of Denton hotel occupancy taxes imposed under Chapter 351 of the Texas Tax Code on amounts paid for hotel rooms in the Project. "Community Support and Involvement" may include but is not limited to monetary or active investment in local nonprofits, public institutions or community organizations. "Council" is the City Council of the City of Denton, Texas. "Default" is an event in which a party to an Agreement has failed to meet Performance Measures and to perform under prescribed cures. "Expansion" means an investment in fixed assets that will result in an increase in occupied building areas, increased employment, or higher Assessed Value of Real Property or Business Personal Properry by a firm already located in the City. "Facility" means combined Real and Business Personal Property Improvements that house an economically purposeful activity. "Higher wage" means having an average annual wage of $55,000 or greater for all positions or at least 25% of the positions have an annual wage of $65,000 or greater. "Improvement" means a building structure, or fi�ture erected on or affixed to land. "Incentive" means any inducement for economic activity given by the City such as a tax abatement or rebate or any other incentives not prohibited by state or federal law. "Job" means a permanent, full-time employment position that has provided or will result in employment of at least 2,080 hours per position per year. Part-time positions may be aggregated to create a full-time position for consideration in this policy. "Knowledge-based jobs" are defined as occupations which require specialized and theoretical 3 knowledge, usually acquired through a college education or through work experience or other training which provides comparable knowledge; require some research, analysis, report writing and presentations; or require special licensing, certification, or registration to perform the job task. "Leadership in Energy and Environmental Design" (LEED) certification is a voluntary internationally recognized green building certification system, with verification by a third party that a building or community was designed and built using strategies aimed at improving performance across the following metrics: energy savings, water efficiency, COz emissions reduction, improved indoor environmental quality, and stewardship of resources. "Local Contractors" and "Local Sub-Contractors" refers to vendors that have their "principal office or place of business," as reported to the Texas Secretary of State Office, located within Denton City Limits or Extraterritorial Jurisdiction (ETJ). "Modernization" means the replacement and upgrading of existing facilities which increases the productive input or output, updates the technology, or substantially lowers the unit cost of operation, and extends the economic life of the facility. Modernization may result from the construction, alteration, or insta]lation of buildings, structures, fixed machinery, or equipment. "Performance Measures" are the performance indicators for a Project established by Agreement and reported to the City annually using a certificate of compliance provided in the Agreement or as otherwise prescribed by the Agreement. "Primary Employer" refers to employers that produce products or services which are sold outside of the community or region. "Proj ect" means the combination of proposed investment, improvements, and economic activity that is submitted in an application for an economic incentive. "Real Property" means land or an improvement affixed thereto. "Retail" means the selling of consumer goods or services to customers. "Retail Leakage" means that local residents are spending more for products or services than local businesses capture and indicates there is an unmet demand in the community for certain types of products. Keeping sales taY dollars in the City is the goal of minimizing retail leakage. "Tax Abatement" means the full or partial exemption of ad valorem taxes for eligible properties in a reinvestment zone designated as such for economic development purposes for new or expanded business development for a period of up to 10 years. Abatement may be granted for real property improvements and/or business personal property. "Tax Rebate" means the full or partial refund of municipally imposed tax liability. "Reinvestment Zone" is a geographic area designated as blighted and in need of revitalization for the purpose of granting incentives as authorized by law. "Sales Tax" means the 1% general municipal sales and use taxes imposed by the City of Denton pursuant to Section 321.103(a) of Texas TaY Code and 0.5% additional municipal sales and use tax imposed by the City of Denton from property tax reduction pursuant to Section 321.103(b) of 4 the Texas TaY Code and arising (i) from any person's collection of sales taxes as a result of sales of taxable items consummated at the Project during the term of this Agreement, (ii) from any person's payments to vendors or directly to the Texas Comptroller of Public Accounts of City Sales TaYes on purchases of taxable items consummated at the Project during the term of this Agreement, and (iii) from City Sales Taxes paid by any person in connection with the construction or equipping of the Proj ect. "Sustainable materials" or products related to manufacturing may include but are not limited to: biobased; recyclable; pollution reduction equipment or systems; and reclaimed goods. "Texas Comptroller of Public Accounts' Monthly Sales TaY Report" means reports from the Comptroller to the City as provided in Section 321.3022 of the Texas TaY Code that identify amounts paid from the Comptroller to the City, by period, of Sales TaYes. If during the term of this Agreement, due to a change in law or policy the Comptroller ceases providing such reports with respect to the Sales TaYes, "Texas Comptroller of Public Accounts' Monthly Sales TaY Report" means alternative documentation that the Parties agree establishes the amounts of Sales TaYes received by the City. "Construction Sales and Use Tax Grant" This incentive involves a rebate of a portion of the local sales and use taxes for the purchase of construction materials and furniture/fixtures/equipment that would generate additional tax revenue that the City of Denton would not otherwise receive. "Texas Direct Payment Permit" means that permit issued by the State of Texas authorizing Grantee to self-assess and pay applicable state and local use taxes directly to the State of Texas related to selected portions of Grantee's taxable purchases. "Texas Sales and Use Tax Return" means a return or other statement in a form acceptable to the City setting forth the Grantee's collection of use tax imposed by the City and received by the City from the State of Texas, for the use of taxable items by Grantee at the Property for the applicable grant period which are to be used to determine Grantee's eligibility for a Grant, together with such supporting documentation required herein, and as the City may reasonably request. III. APPLICATION PROCEDURE A. To ensure fairness, accountability, and compliance with all applicable regulations, every incentive request must proceed through a uniform application process. Nothing within these guidelines implies or suggests that the City is under any obligation to provide an incentive to any applicant. a. Applicant shall complete the attached Incentive Application (Exhibit A). The application will not be considered until it is administratively complete. b. Applicant shall prepare a map or other documents providing the following: precise location of the property and all roadways within 500 feet of the site; existing uses and conditions of real property; proposed improvements and uses; any proposed changes in zoning; compatibility with the Denton 2 0 3 0 Plan and applicable building codes and City ordinances; a complete legal description. c. Applicant shall complete all forms and information detailed in the Incentive Application and submit all information to the Economic Development Department, City of Denton, 215 E. McKinney, Denton, TX 76201. d. All information in the application package detailed above will be reviewed for 5 completeness and accuracy. Additional information may be requested as needed. e. The application will be distributed to the appropriate City departments for internal review and comments. Additional information may be requested as needed. £ Fiscal agents of the City may review the application for comment and recommendation. Additional information may be requested as needed. g. The Denton Economic Development Partnership board (EDPB) serves as an advisory body, which makes recommendations to the City Council regarding whether economic development incentives should be offered in each individual case. Its recommendation shall be based upon an evaluation of information submitted in the incentive application and any additional information requested by the EDPB or presented to the EDPB. The EDPB will consider the application at a regular or special-called meeting(s). All meetings of the EDPB shall be held in compliance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Additional information may be requested as needed. The recommendation of the EDPB will be forwarded, with all relevant materials, to the City Council. h. If the City Council decides to grant a tax abatement, it shall call a public hearing to consider establishment of a taY reinvestment zone in accordance with Section 312201 of the TaY Code. The reinvestment zone must meet one or more of the criteria of Section 312202 of the Tax Code. i. The City Council may consider adoption of an ordinance or resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the taY abatement or incentive and the commitments of the applicant, including all the terms required by Section 312205 of the Tax Code and such other terms and conditions as the City Council may require. j. The City reserves the authority to enter into tax abatement agreements at differing percentages and/or terms as set forth in the guidelines of this Policy, consistent with the requirements of Chapter 312 of the Texas Tax Code. The City also reserves the authority to enter into incentive agreements under Chapter 380 of the Texas Local Government Code. B. Section 312.003 of the Texas TaY Code makes confidential information provided to the City as a part of this application that describes the specific processes or business activities to be conducted or the equipment or other property to be located on the property. This information is not subject to public disclosure until the incentive agreement is executed. Section 522.131 of the Texas Government Code (Texas Public Information Act) makes confidential information which relates to economic development negotiations between the City and a business prospect that the City seeks to ha�e locate, stay or expand in or near the territory of the City. The information must relate to a trade secret of the business prospect, commercial or financial information which the business prospect can demonstrate based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained or information about a financial or other incentive being offered to the business prospect by the City or by another person. Information about a financial or other incentive being offered to the business prospect is required to be disclosed when an agreement is made with a business prospect. The City will respond to requests for disclosure as required by law and will assert exceptions to disclosure as it deems relevant. The City will make reasonable attempts to notify the applicant of the request so it may assert its own objections to the Attorney General. C. Any incentive agreement will address various issues, including but not limited to, 0 the following: a. General description of the project b. Amount of the incentive and percent of value to be abated or rebated each year c. Method of calculating the value of the abatement d. Duration of the abatement, including commencement date and termination date e. Legal description of the property £ Kind, number, location and timetable of planned improvements g. Specific terms and conditions to be met by applicant, which will be based on the information submitted by the applicant in the Incentive Application and/or other appropriate criteria h. The proposed use of the facility and nature of construction i. Contractual obligations in the event of default, violation of terms or conditions, delinquent taYes, recapture, any decrease in valuation, administration and assignment D. Businesses receiving an incentive are asked to use diligent efforts to purchase all goods and services from Denton businesses whenever such goods and services are comparable in availability, quality and price. The City of Denton also encourages the use, if applicable, of qualified contractors, subcontractors and suppliers who are historically underutilized businesses based on information provided by the General Services Commission pursuant to Chapter 2161 of the Government Code. E. Businesses receiving an incentive are encouraged to use diligent efforts to hire local contractors and local subcontractors where possible during construction of the project. F. Businesses receiving incentives are asked to endeavor to make available, or endeavor to cause lessees or assignees to make available full-time or part-time employment for Denton residents. In this effort, the business, lessee or assignee is encouraged to recruit from the low-moderate income Census tracts as further defined by the U.S. Department of Housing and Urban Development's (HUD) Qualified Census Tracts (QCT) map shown in Figure l. HUD defines QCTs as "census tracts in which one-half or more of the households have incomes below 60 percent of the area median income or the poverty rate is 25 percent of [or] higher. FIGURE 1: DENTON, TEXAS 2014-2015 Qualified Census Tracts , ,.oeov, . 9a.�� ,.,�,�. au�iam �praan+izw�nm�ld�i, I�� aas�xu�s.wnnw �onowizo�o�aaoemo �m�te� peroau , � aiR,!rcll� t�� ° •x�+.0 ' a zu�.ix � a . i ' � s�, ,4 w �e�Am�� L S��o,�a �� sro�,��,�P"��>o�,�4on,,,<� �reA va �. � , ; ,, . � � � �, a �„a�omm,»� a � »�M.,� ............................................................ ddQ MA .. I��k��u�9n.tl ll nvu 1 lµ//� • �i I ��.��IIIIIII�, . I�� , ,� . 7 � � Il. V rann �.., �� ax ° �° a�o.�� . ti.. IV. INCENTIVE TOOLS A. Tax Abatement: New, expanding, and modernizing businesses may be considered for a tax abatement if a minimum threshold of $5 million in ad valorem value will be created by the project. To qualify, companies must meet the minimum threshold in the first 24 months from the execution of the agreement or as specified in the tax abatement agreement. If, upon initial application, a project qualifies for tax abatement under the guidelines set forth in this Policy, the City may consider the following factors in evaluating its public benefit: • The project will occupy a building that has been vacant for at least two years; • The project will create knowledge based, high-skilled o r higher-paying jobs as documented by the applicant (An average wage that is above the median wage in Denton County or at least 25 percent of jobs requiring a college bachelor's degree at entry level will be used to determine eligibility); • The project will involve a significant relationship with one of the two universities in Denton; • The project will create improvements to the Denton Downtown Implementation Plan area; • The project is an international or national headquarters facility; • Renewable energy will be generated, stored, or utilized for the project or the project incorporates significant environmenta]ly sustainable practices that include: Leadership in Energy and Environmental Design (LEED) certification, recycling initiatives, the manufacture of sustainable materials or products that support sustainable industries, or the incorporation of clean technology; • The applicant is committed to actively supporting the Denton community through non-profit organizations, donations to public schools and/or public art • 25% of local contractors used in construction or 25% of new jobs filled by Denton residents All abatements are subject to final approval of the City Council. Even though a project may meet the criteria as set forth in this Policy, an application may be denied at the discretion of the City. The incentive shall not apply to any portion of the land value of the project. The City may consider the use of incentives to retain existing businesses, which propose to improve or redevelop property within the City limits. The City may also take into consideration the expansion/redevelopment of existing businesses that create new or additional higher wage or knowledge-based jobs. The incentive will only apply to the increased valuation of the improvements over the appraised value of the property prior to such improvements as same is established by the Denton Central Appraisal District the year in which the tax abatement agreement is executed. The City may also consider other taY incentives authorized by law. B. Chapter 380 Grants or Loans: The City may consider incentives to businesses utilizing its authority under Chapter 380 of the Texas Local Government Code (hereinafter referred to as "Chapter 380"). Chapter 380 states that a municipality may establish and provide for the administration of one or more programs for making loans and grants of public money and providing personnel and services of the municipality, to promote state or local economic development and to stimulate business and commercial activity in the municipality. The City of Denton may consider the use of grants and loans as incentives to accomplish one or more of the following economic development purposes: 0 • Targeted industry cluster or supply chain recruitment initiatives • Capital grants or loans for start-up and small businesses to promote entrepreneurship • Grants to offset costs associated with public infrastructure improvements or impact fees • Cash incentives to gain a competitive position when in direct competition for a project • Increase the percentage of jobs paying $75,000 per year or more from 10 to 14 percent by 2020 Chapter 380 incentives will be considered on a case-by-case basis, and may be considered for one or more of the following criteria: • Net new jobs with wages above Denton County's median wage • The relocation of a company that promotes the growth of targeted industry sectors listed in Section LD. • Incentives for businesses that cause infill redevelopment or other desirable development obj ectives; • Any other activity which the City Council determines meets a specific public purpose for economic development. When the City determines that incentives are required to retain existing businesses that propose to improve or redevelop property within the City limits, the City Council may consider, on a case- by-case basis, and reserve the right to waive the minimum threshold and/or exceed the percentage and term included in Table 1 for a grant. The City of Denton may also take into consideration the expansion/redevelopment of existing businesses that create new or additional higher wage or knowledge-based jobs. Ad valorem rebates will only apply to the increased valuation of the improvements over the appraised value of the property prior to such improvements as same is established by the Denton Central Appraisal District the year in which the grant agreement is executed. Job-based grants may be considered for businesses creating higher-wage or knowledge-based jobs. The City may also consider other taY incentives authorized by law. C. Economic Development Investment Fund: The City may offer cash incentives and grants from the Economic Development Investment Fund (established by Ordinance No. 2016- 229) when appropriate and necessary. Such incentives require EDPB and Council approval through a Chapter 380 Agreement. To be eligible for consideration, the company must meet at least two of the following criteria: • higher wage or knowledge-based jobs; • substantial capital investment (minimum of $15 million); • recruitment of industry sector targets, including aviation/aerospace, advanced manufacturing, renewable energy, research and development, information technology, supply chain for primary employers, or significant consumers of municipal utilities. D. Based Aircraft Incentive: Specific considerations for a based aircraft incentive will include expansion of the tax base, annual fuel consumption, and contribution to the growth and development of Denton Enterprise Airport (DTO). Newly based aircraft may be eligible for an incentive if a minimum of $1 million in ad valorem value will be created by the aircraft. Aircraft must be operational, air worthy, and based at DTO for a majority of the year; values may not be combined to reach the $1 million minimum. 0 ��N 01 IWINN�PIWIfl WIN�IP 01 ��N ��N d w; w; . � .� w; . •i . �: ! . �: �; w; w; !" � w w � � � •� •i . r; . r; •r , . w; �; • • ! ! �; �, !, * w; • �; w; . ." w �: • �; � w; * ! � � � . . � • • . ! � �' � r � �, r •; � •R �, � � � � w; • •: • � . w; w; w; w; • . w; * �; !' !'> �, �' * .. �; �; • �; �,; • !; �,; * • �; w; � •� * • * • � +,; w w; w; •� * w; •� * �_ * w; �� ,; w; •� K"� �� • • � � -� . � !" � � . • � � � � • • . ' 's , • ii • � �: s � ! # � # � s � � ! �: •: � �; �: � � � �: � �: � • � � ! s ! •: � � • ! � s � • � •: s � • � � • • s � � •. � �' �: •: • �; �: � • • . � � � � � � � ! ! . . • � • �: � • � � •: � ! � • � ! � • � ° * • � � � ,� • • ! � ! • ! � � �; • � • ! � � � • s City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-256, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to city utilities customers contained in Ordinance No. 2016-276; amending the provisions of the account connection and reconnection charges; amending the provisions of the miscellaneous fees, charges and deposits; providing for a repealer; providing for a severability clause; providing for an effective date. The Public Utilities Board recommended approval (6-0) of Option 2 for the AMI opt-out option with the proposed Customer Service fees and changes. City of Denton Page 1 of 1 Printed on 2/23/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton City Ha11 �re� 215 E. McKinney Street n�� ,� �"�, �� '�'�'"�� ' Denton, Texas www.cityofdenton.com DEPARTMENT: AGENDA INFORMATION SHEET Electric Metering CM/ DCM/ ACM: Todd Hileman DATE: February 27, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to city utilities customers contained in Ordinance No. 2016-276; amending the provisions of the account connection and reconnection charges; amending the provisions of the miscellaneous fees, charges and deposits; providing for a repealer; providing for a severability clause; providing for an effective date. The Public Utilities Board recommended approval (6-0) of Option 2 for the AMI opt-out option with the proposed Customer Service fees and changes. BACKGROUND Advanced metering infrastructure (AMI) was installed throughout Denton during the 2010 to 2015 period. As smart meters were installed, there were less than 40 customers out of 53,000 that did not want the AMI electric meter. In August 2013, the Public Utility Commission of Texas issued PUCT 25.133 (Substantive Rules Applicable to Electric Service Providers) which outlines the rules for opt-out fees that electric service providers are allowed to charge. These fees are designed to cover the costs associated with the installation of a non-standard meter, manual reading of the meter, and ongoing costs associated with non-standard metering service including testing and maintenance. While DME's distribution system is not regulated by the PUCT, their rules provide a level of guidance. A survey of selected electric service providers indicates that the majority have adopted an AMI meter opt- out program with varying fee levels. This agenda item recommends the adoption of an AMI opt-out rate tariff for the City. The proposed Ordinance incorporates a proposed initial non-AMI meter installation fee as well as monthly charges to recover expenses related to manual meter reading and billing. The Public Utilities Board may also consider not adopting an opt-out policy which would mean all customers will have an AMI meter installed. (A technical brief by the AMI system's communication's provider, Trilliant, is attached to this report for information.) The attached Ordinance also contains the Utility Customer Service Department's proposed amendment to the provisions of the Miscellaneous Fee, Charges and Deposits section, Waiver of Service Deposits. These changes are being made to match the language of the Credit and Collection Policies Ordinance 2018-016 approved by the Council on January 9, 2018 (18-073). OPTIONS 1. No opt-out option -- customer must have an AMI meter 2. AMI opt-out option -- non-standard meter, manual meter reading, and associated fees RECOMMENDATION Staff recommends adoption of the attached Ordinance containing fees for the AMI opt-out option and the proposed Customer Service fees and changes. ESTIMATED SCHEDULE OF PROJECT The new opt-out fee schedule will go into effect upon approval by the Public Utilities Board and City Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board reviewed the proposed ordinance on January 22, 2018 and recommended approval (6-0). FISCAL INFORMATION Funds collected under the Opt-Out Fee Schedule will be deposited into the Denton Municipal Electric's Revenue Account 6000.XXXX.4510 for Miscellaneous Service Revenue. 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 Use technology to enhance efiiciency and productivity EXHIBITS 1. Agenda Information Sheet 2. Trilliant Technical Brief on SecureMesh Radio Frequency Safety 3. Ordinance 4. Presentation Respectfully submitted: JR Richardson Metering Superintendent Prepared by: Brandon Hamby AMI Supervisor ��,�.. y�� I � n�� • Many of the devices we use in our everyday lives generate radio emissions, including televisions, microwave ovens, cellular phones, cordless phones, baby monitors, Bluetooth headsets, laptop computers, and other commonplace devices. All of these devices, including wireless Smart Meters, are subject to US government regulations to assure all devices are safe. Extensive radio safety studies have been performed by the American National Standards Institute (ANSI), the Institute of Electrical and Electronics Engineers (IEEE), the Electric Power Research Institute (EPRI), the National Council on Radiation Protection and Measurements (NCRP), the World Health Organization (WHO), the United States Food and Drug Administration (FDA), the United States Occupational Safety and Health Administration (OSHA), and the United States Federal Communications Commission (FCC). Based on these various studies, the FCC regulations specify radio output levels that are deemed safe for everyday exposure with no negative health or safety impacts. • All of Trilliant's SecureMesh Smart Meters and associated SecureMesh products are certified by the United States FCC and Canadian Industry Canada, ensuring compliance with appropriate safety levels. • Even if you were to continuously stand three feet away from a SecureMesh wireless Smart Meter, the resulting radio exposure would be hundreds of times lower than the levels required by safety standards, where those levels ensure no adverse health impacts. � 1 ' All SecureMesh Neighborhood Area Network (NAN) devices, including SecureMesh Smart Meters, operate as radios in the 2.4 GHz band, the same frequency band as used by cordless phones, Wi-Fi devices, Bluetooth hands-free headsets, and even microwave ovens. In the same way that television or AM or FM radio signals are transmitted, a SecureMesh device generates radio waves that are emitted by an antenna with a certain power level. The resulting radio waves propagate through the air until a receiver — another SecureMesh device — intercepts a portion of the field and processes the received energy to recover the desired information. The power levels used by SecureMesh devices (and other devices in the 2.4 GHz band) are much lower than used for television or commercial radio transmissions. Within the 2.4 GHz band, all SecureMesh NAN radios have been tested by an accredited laboratory to meet Federal Communications Commission (FCC) Part 15.247 and Industry Canada RSS-210 regulations for unlicensed operation at their respective transmit power levels and antenna gains. Similarly, all SecureMesh NAN radios have been tested by an accredited laboratory to meet FCC and Industry Canada regulations for out-of-band emissions (i.e., radio emissions outside the 2.4 GHz unlicensed band) as a Class B digital device, where those limits have been set to provide protection against interference to other radio communications. The limits established by the FCC and Industry Canada for unlicensed operation in the 2.4 GHz band are hundreds of times less than the limits for maximum permissible exposure as set in the FCC's Office of Engineering and Technology (OET) Bulletin 65 ("Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields"). As explained in the FCC's OET Bulletin 56 ("Questions and Answers about Biological Effects and Potential Hazards of Radiofrequency Electromagnetic Fields"), these guidelines reflect the best available research and have been developed conservatively. More information can be found on the FCCs website, at http://www.fcc.qav/aet/rfs�fetv/. Trilliant tech_brief SecureMesh_RF safety_100930.docx TECHNICAL BRIEF: RF SAFETY OF TRILLIANT'S SECUREMESHTM WIRELESS SMART METERS 1 r, t„ - 1 ! 1 1! The SecureMesh NAN radios operate in the 2.4 GHz band with a transmit power of 1 Watt (30 dBm), the allowed maximum for unlicensed operation. By comparison, the transmission power of a GSM cellphone handset can be up to 2 Watts (33 dBm) in the 850 or 900 MHz band, while older analog cellphone handsets transmitted at up to 3.6 Watts (35.6 dBm) in the United States. The FCC's limit for maximum permissible exposure in the 2.4 GHz band is 1.0 mW/cm2 (as cited in OET Bulletin 65). This value reflects the maximum power density (power per unit area) as seen at a given distance from the transmitter— as long as the power density is less than this value, then exposure is permitted under FCC regulations is considered safe for an indefinite period of time. At a distance of �3 feet (1 meter) away from a SecureMesh NAN radio, the power density from the SecureMesh radio is 0.032 mW/cm2, more than 30 times less than the FCC's limit; at a distance of �10 feet (3 meters), the power density is 0.0035 mW/cm2, more than 280 times less than the limit. Given the typical locations of SecureMesh NAN radios -- mounted on poles at least 20 feet above ground or inside electric meters installed on the sides of buildings — most people will rarely ever be this close to a SecureMesh radio. Finally, it is worth noting that SecureMesh NAN radios are not transmitting continuously. SecureMesh NAN radios observe a maximum transmit duty cycle of 10%. In other words, over a period of 1 second, the SecureMesh radios do not transmit for more than �100 ms (or, equivalently, over a period of 1 hour, the SecureMesh radios are not transmitting for more than �6 minutes). In practice, the actual transmit duty cycle of a typical SecureMesh NAN device is much less than 10% -- most deployed SecureMesh NAN devices typically transmit in bursts of a fraction of a second that total to only several minutes of actual activity each day. 1�- 1�; The electromagnetic fields emitted by SecureMesh devices are insignificant compared even to the levels to which we are normally exposed in our daily lives because of our use of cellphones and Wi-Fi devices, or microwave ovens. Accordingly, these devices are among the safest radios seen in our everyday life. Extensive testing of our radios and rigorous regulation and certification by both US and Canadian government bodies ensures that no-one will be exposed to unsafe radio transmissions from a Trilliant Smart Grid device or, for that matter, from any other radio device. � p;; :';iW� • FCC OET Bulletin No. 56: http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet56/oet56e4.pdf • FCC RF Safety Website: http://www.fcc.gov/oet/rfsafety/ • National Council on Radiation Protection & Measurements (NCRP) http://www.ncrponline.org/ • World Health Organization INTERPHONE study findings on safety of Cellular Phones http://www.iarc.fr/en/media-centre/pr/2010/pdfs/pr200_E.pdf • World Health Organization International Electric Fields Project (IEFP) www.who. int/med iacentre/factsheets/fs 193/en/index. html Trilliant Incorporated 1100 Island Drive • Redwood City, CA 94065 USA •+1.650.204.5050 • www.trilliantinc.com TrillianlT°", CeIlReaderC�, CeIlGatewayT°", SecureMeshT°", SerViewCom ; UnitySuiteT°", SkyPibt�, SyncMeshT°", Ihe Trlliant logq and Ihe SkyPlot logo are hademarks ofTrilliant Incorporeted and/or its subsidiaries. All other hademarks are Ihe property of Iheir respective owners. This material is provided for informational purposes only; Trilliant assumes no liability related to its use and expressly disdaims any implied warrenties of inerchantability or fitness for any particular purpose. All specifications, descriptions, and information contained herein are subject to change without prior notice. Copyright OO 2010 Trilliant Incorporeted. ALL RIGHTS RESERVED. ��„��..��y�l,. �� Y � �Y � tltltltltl �tltl II�Y ...... page 2 of 2 ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE SCHEDULE OF MISCELLANE4US FEES, DEPOSITS, BILLINGS AND PROCEDURES F�R ADMINISTRATIVE SERVICES TO CITY UTILITIES CUSTOMERS; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDTNG FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the schedule of charges for general utility services as generally provided for in Chapter 26 of the Code of Ordinances; and for services to other City of Denton customers and taxpayers, are established as follows: SERVICE CHARGES AND PROCEDURES SCHEDULES A. ACCOUNT CONNECTION AND RECONNECTION CHARGES PAGE Meter Connection Charge Meter Reconnection Process Charge Unauthorized Usage Penalty New Customer Application Chazge B. METER CHARGES Meter Reading Meter Testing Meter Tampering and/or Damage Charge Meter Inaccessibility Charge C. MISCELLANEOUS FEES. CHARGES AND DEPOSITS Returned Payment Charge Service Deposits Waiver of Service Deposits Late Payment Charge Due on Delinquent Balances 4 4 5 5 5 6 7 7 8 8 Interest Chazge on Past Due Account Balance Interest Earned on Contract Retainage Credit Card Processing Service Fee ACCOUNT CONNECTION AND RECONNECTION PROCESS CHARGES For the purposes of this rate schedule, business hours shall be defined as Monday through Friday, 8:00 AM to 5:00 PM. METER CONNECTION CHARGE APPLICATION Applicable when a customer requests service on a first time basis where no permanent service previously existed and where a new account number is established or, when a customer requests service at an address which has existing or previous service, with an existing account number and history, and the electric and/or water meter must be installed or activated for readiness. A "Non-Standard Electric Meter" is an electric meter that does not have the ability and/or capability to integrate with the AMI meter reading system. Examples would be older mechanical meters, solid state meters without an AMI module and one-way RF transmit meters. Non- Standard Electric Meters have to be read manually. CHARGE All Meters except for Non-Standard Electric Meter First Service Requested $23.00 First Service Requested, guaranteed $61.00 same day service First Service Requested, after $61.00 business hours Non-Standard Electric Meter First Service Requested $131.00 First Service Requested, guaranteed $176.00 same day service First Service Requested, after $17b.00 business hours METER RECONNECTION PROCESS CHARGE APPLICATION Applicable when a customer's account is processed for disconnection due to nonpayment. CHARGE Delinquent Service Fee $46.00 � (When service is disconnected at the electric meter socket or the water meter) Delinquent Service Fee $168.00 (When a service truck is required or the water meter has been removed) Reconnect Charge, guaranteed same day service (In addition to delinquent service fees) Reconnect Charge, guaranteed same day service (When a service truck is required or the water meter has been removed) $61.00 $231.00 When more than one trip, within twenty-four (24) hours, is required to restore a customer's service, a Return Trip Charge, in addition to the Reconnection Charge, shall he applied for each additional trip. Return Trip Charge during business hours Return Trip Charge after business hours APPLICATION $23.00 $61.00 UNAUTHORIZED USAGE PENALTY Applicable to any customer that fails to request connection of services within 24 hours of occupancy in a new service location. CHARGE Unauthorized Usage Penalty APPLICATION $30.00 NEW CUSTOMER APPLICATION FEE Applicable when a customer requests new service or is added to an existing account and provides Social Security or Tax ID information to verify identity and credit history. CHARGE New Residential Customer Application Charge - per person New Commercial Customer Application Charge 4 $3.00 $16.00 METER CHARGES METER READING APPLICATION Additional•Meter Reading Fee is applicable to any electric or water utility customer who requests a reading of a city meter due to a contested billing more than twice in the previous twelve (12) months, and no error is found. Manual reading fee is applicable to any electric customer who requests a Non-Standard Electric Meter. A"Non-Standazd Electric Meter" is an electric meter that does not have the ability and/or capability to integrate with the AMI meter reading system. Examples would be older mechanical meters, solid state meters without an AMI module and one-way RF transmit meters; these meters have to be read manually. CHARGE Per Additional Reading $46.00 Manual Reading of Non-Standard Electric Meter $30.00 per each billing cycle METER TESTING APPLICATION Applicable to any customer who requests the testing of a city meter previously tested within the past four (4} years and the meter is found to be within accuracy standards. CHARGE Per Test ACCURACYSTANDARDS $62.00/KWH Electric Meter $93.00/KW/KWH Electric Meter $93.00 Water Meter A meter is deiined as within accuracy standards when found to be plus or minus two percent (2%) or less. METER TAMPERTNG AND/OR DAMAGE CHARGE APPLICATION Applicable to any person that tampers with, damages, or illegally connects to a city electric, water, or wastewater utility system. CHARGE Per Event $310.00 minimum per electric connection per system Per Event $200.00 minimum per water connection per system METER INACCESSIBILITY CHARGE APPLICATION Applicable to any customer who prevents the regular and routine reading, maintenance, repair or removal of any city meter due to inaccessibility of the meter. CHARGE Per event APPLICATION $46.00 MISCELLANEOUS FEES, CHARGES. AND DEPOSITS RETURNED PAYMENT CHARGE Applicable when a customer's or taxpayer's check, or money order, or bank draft for payment of fees, iines, court costs, taxes, utilities, or other charges has been dishonored by the maker's bank and returned to the City of Denton unpaid. CHARGE Per Check SERVICE DEPOSITS APPLICATION $27.00 Applicable when a residential customer requests utility service in the City of Denton service area and does not have twelve (12) months of good credit standing with the City of Denton or demonstrates a passing credit rating through an external credit reporting agency. Applicable when a commercial customer does not have twenty-four (24) months of good credit standing with the City of Denton or demonstrates a passing credit rating through an external credit reporting agency. Not applicable when a commercial customer provides an irrevocable letter of credit to the City of Denton as security for payment. � CHARGE Residential Customer An amount up to 1/6 of the last 12 months of billing at the service location. If utility service is disconnected for non-payment or the account is consistently past due, then the customer will be required to pay a deposit sum up to 1/6 of the last 12 months of billing at the service location. Commercial Customer An amount up to 1/6 of the last 12 months of billing at the service location. If utility service is disconnected for non-payment or the account is consistently past due, then the customer will be required to pay a deposit sum up to 1/6 of the last 12 months af billing at the service location. Deposits will earn interest for the customer. The applicable rate of interest will be adjusted semi-annually to equal the rate of a one-year United States Treasury Note on October 1 and April 1 of each year. If refund of deposit is made within thirty (30) days of receipt of deposit, no interest payment will be made. If the City retains the deposit more than thirty (30) days, payment of interest, at the current rate, shall be made reiroactive to the date the deposit was paid.Payment of the interest to the customer shall be made at the time the deposit is returned or credited to the customer's account. The deposit shall cease to earn interest on the date it is returned or credited to the customer's account. WAIVER OF SERVICE DEPOSITS For purposes of the exemptions from deposit, "acceptable credit rating" shall mean a credit rating which is based upon a commonly used formula or a formula approved by the City Council. Residential exemption from deposit. No service deposit will be required of an applicant for residential utility service if the applicant can provide and qualify for one (1) of the following: (1) The applicant has an acceptable credit rating for twelve (12) consecutive months within the last two (2) years with the city utility system. (2) The customer receives an acceptable credit rating from a credit source available to the city. The customer must pay the cost of obtaining the credit rating. This cost will be set annually within the utility rate ordinance, but will not exceed one hundred dollazs ($100.00). (3) Customers with little credit history or a fair credit rating may be allowed to provide one of the following alternatives in lieu of deposit: 7 a. A signed letter of good standing for utility services from a former utility company for verification within twenty (20) days of applying for service; or b. The applicant provides a cosigner who accepts responsibility and is verified to have an acceptable credit rating with the city utility system, and who is willing to be listed on the applicant's account to guarantee payment of the applicant's utility bills. This guarantee will be in effect until the applicant develops an acceptable credit rating and the cosigner requests removal from the account. (4) Customer is participating in a verifiable permanent supportive or rapid rehousing program and provides a dated and completed certiiication letter upon applying for utility services. (5) Customer has been qualified as a Victim of Family Violence and provides a dated and completed certiiication letter upon application for utility services. Applicable when an Applicant is a citizen of the City of Denton, Texas and who also is a"victim of family violence," applies for utility service in the City of Denton, Texas. To be a qualified as a "victim of family violence" an Applicant must secure and provide a certification letter, provided by one of the certifying entities to the Utilities Customer Service Department. If a proper, dated and completed certification letter is presented by or on behalf of the Applicant to the Utilities Customer Service Department, and its issuance is verified by the Utilities Customer Service Department, then the requirement of a utility deposit shall be waived for that Applicant. This provision is applicable solely to "victims of family violence" as defined by Texas Family Code, §71.004, as amended. No other relief from the City's utility rates, or deposits, or charges, or fees is hereby provided to "victims of family violence." (6) Customer signs up for auto pay and maintains an acceptable credit rating for twelve (12) consecutive months. Commercial exemption from deposit. An applicant for utility service for a commercial or industrial entity or business may not be required to make a deposit if the applicant: (1) Provides the city an acceptable commercial/industrial credit rating for the last twenty-four (24) months the customer received service from the city utility system; or (2) The customer receives an acceptable credit rating from .a credit source available to the city. The customer must pay the cost of obtaining the credit rating. This cost will be set annually within the utility rate ordinance, but will not exceed one hundred dollars ($100.00). (3) If the credit of a commercial/industrial customer for service has not been established satisfactorily to the city, the applicant may provide an irrevocable letter of credit in lieu of a deposit within twenty (20) days of signing for service. The irrevocable letter of credit must be executed by a Texas bank and must be approved by the city manager and city attorney. The customer must maintain the irrevocable letter of credit in effect at all times. If the customer allows the irrevocable letter of credit to expire, the customer shall pay a deposit in the amount provided as listed above, or the city may terminate utility service. LATE PAYMENT CHARGE DUE ON DELINOUENT BALANCES APPLICATION To cover a portion of the administrative costs of collecting past due balances, a late payment charge shall be assessed on the fifth business day following the due date. CHARGE $20.00 late payment charge INTEREST CHARGE ON PAST DUE ACCOUNT BALANCE APPLICATION Interest shall be assessed on any past due account balance (excluding late payment charges) that remains unpaid at the time of the current month's billing calculation. The interest provided for and assessed herein shall be due and payable on the due date of the current month's billing statement. CHARGE 1%/ month on all past due chazges and account balances unpaid at the time of the current month's billing calculation.** **Under no circumstances shall the interest charge provided for herein exceed the legal rf►te of interest. To the extent that it does so, the charge is inadvertent, and the City intends only to assess, charge and collect such interest rate that does not exceed the highest lawful rate. INTEREST EARNED ON CONTR.A.CT RETAINAGE Contract retainage will earn interest for the contractor as provided by TEX. REV. CIV. STAT. ANN. Article 6252, Sec.Sb (Vernon Supp. 1992}. The rate of interest will be adjusted semi- annually to equal the interest rate of a one year United States Treasury Note on October 1 and April 1 of each year. Payment of the interest shall be made at the time the retainage is paid to the contractor. CREDTT CARD PROCESSING SERVICE FEE APPLICATION Applicable when a non-residential customer remits payment for fees, fines, court costs, taxes, utilities, or other charges using a credit card. Charge is assessed by the City of Denton's payment processing vendor after the customer has confirmed the payment amount and authorized the fee. E Per Pay��e�� Ta��.��ac��,n ?.7�/k cr�.tl�� ya��nt ��na�.int �•e�nitte� �.rs�� the �c�i�- c°�si��ential cust�ri�ric.r's �.redit �a��el �;�CTIC��1 �. C7i�ciin��r7c�. �1c�. ��15-295 ��ci (�►��i��nce fi3c�. ?9�1�a�27� �x�� r��l�c�. ��TI�� . Ii ��y s�c:ti�a��, st�la�c��;tit�n, �aaaF��ra]�1�, s�r�te�ce, cla:�zs�, �ahz°�se ar• ��or•ci i�� xl�is aa•c�i��ce, a� a��l��,t��x� �1��;��i t� ��r7yp pc�i-�c��7 �a�' cia•c�.rzx7st�t�c�s Ys heYd i��va�id �3r ��iy cc,��•t c��' ��an�p�te�� kris�ictii��i, s�icl� l�c�ldin�; s��l� cx�t �ff�ct tht� r�alic�ity c�f tk�e 1-e��i��it�� rti�r�7s �f t��is oz•r�in�t�c�, �z�cl t1i� C'rny C�cGi�cil oI` �1�� Cit�^ �f I;�entc��? 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McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-293, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the City's Hotel Occupancy Tax Program. City of Denton Page 1 of 1 Printed on 2/23/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� __ City of Denton �_ — _ city xall `�t� Illllllllllllllll�l�uuuuuul�l�ll 215 E. McKinney Street � Denton Texas � � www.cityofdenton.com DEPARTMENT: Finance DCM: DATE: AGENDA INFORMATION SHEET Bryan Langley February 27, 2018 SUBJECT Receive a report, hold a discussion and give staff direction regarding the City's Hotel Occupancy Tax Program. BACKGROUND The City's Hotel Occupancy Tax ("HOT") Program is administered by the City's Finance Department and funded by a 7% tax on the price of a room at lodging establishments located within the city limits. An additional6% tax is charged by the State of Texas for a total tax of 13%. The 7% City tax is authorized by Texas Tax Code, Chapter 351 and adopted by the City in Ordinance No. 96-136 (Exhibit 2). Since revenue from this taY is restricted in its use, the City accounts for it in a segregated Special Revenue Fund called the Tourist & Convention Fund (also known as the "HOT Fund"). As of September 30, 2017, the HOT Fund had a fund balance of $2,255,026. Exhibit 2 is a financial summary of this fund over the last 3 fiscal years plus the current fiscal year's budget. Lodging establishments include hotels, motels, bed & breakfast establishments, guest or host housing and short-term rental establishments booked online through Air BNB, VRBO and others. Finance Department staff monitor payments on a monthly basis and review submitted reports. Any payment issues, including non-compliant exemptions, are discussed with the lodging establishment for correction. In fiscal years 2013 through 2015, the City contracted with an external firm to audit all lodging establishments in the City. In the future, audits of these lodging establishments is contemplated in the current internal audit plan. While staff is charged with administrating the day-to-day operations of the HOT Fund, the City Council has a long established HOT Committee. The Committee is comprised of 3 members of the Council which currently include Mayor Watts and Council Members Gregory and Hudspeth. The Committee meets at least twice a year to review and establish program guidelines and an application (Exhibit 3), review a financial forecast for the HOT Fund, review applications from current recipients and new applicants, and make funding recommendations to the City Council. Funding recommendations ha�e generally been based on an across the board percentage increase with exceptions given to new applicants, one-time projects/events or prior City Commitments such as public art. In accordance with the City's current Public Art Policy (Resolution No. 2013-021), at least 2.4% of HOT revenue must be allocated for public art. Exhibit 4 to this agenda information sheet is the current Public Art Policy. Recipients in the HOT Program are comprised primarily of non-profit organizations and City operations/facilities (i.e., Water Park, Civic Center, etc.) and sponsored events (Juneteenth and Cinco de Mayo). Recipients provide monthly or quarterly reports to the City's Finance Department on the use of their HOT allocation. Staff reviews the reports and back-up for compliance with contract terms and works with recipients to address any changes to budgeted expenses. Recipients that are non-profit organizations are provided HOT allocations based on contracts approved by the City Council. Terms of the contract include a budget for expenditures as well as a provision that funds may need to be returned to the City in the event of an economic downturn or failure to comply with program guidelines/budget. Pending Council direction at this work session, staff has included a calendar of events for Program Year 2019 in the attached staff presentation. Additionally and in accordance with Senate Bill 1221 enacted by the 85�h Legislature and effective in 2017, Exhibit 5 to this agenda information sheet is the required annual report. The report has been posted to the City's website and notification sent to the Texas Comptroller's Office accordingly. RECOMMENDATION None. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Related Goal: EXHIBITS Organizational Excellence 1.1 Manage iinancial resources in a responsible manner 1. Agenda Information Sheet 2. HOT Fund Financial Summary 3. Program Year 2018 Guidelines and Application 4. Resolution No. 2013-021 (Public Art Policy) 5. Annual HOT Report FY 2016-17 6. Presentation Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance CITY OF DENTON FINANCIAL SUMMARY - TOURIST & CONVENTION FUND (HOT FUND) AS OF SEPTEMBER 30, 2017 Beginning Fund Balance Revenues: Hotel Revenue Total Resources Expenditures: Air Fair Black Chamber of Commerce Chamber of Commerce - CVB includes CC Marketing Chamber of Commerce - CVB - Welcome Center Cinco de Mayo Civic Center Operations COD SXSW Contingency Community Event Center Denton African American Scholarship Foundation Denton Area Running Club Denton Community Market Denton Community Theatre Denton County Office of History & Culture Denton Dog Days Denton Festival Foundation Denton Firefighter Museum Denton Holiday Festival Denton Public Art Committee - 2.4% of Revenue Denton Square Maintenance (PARD) Greater Denton Arts Council Juneteenth Celebration Committee Kiwanis - Turkey Roll Bicycle Rally Main Street Association Music Theatre of Denton North Texas State Fair Association O'Reilly Hospitality (380 Rebate Agreement) Susan G. Komen Race for the Cure Square Lighting Maintenance Tejas Storytelling Association Texas Filmmakers Water Works Park Sub-Total Recurring Expenditures Denton County Office of History & Culture Denton Parks & Recreation Athletics Denton Public Art Committee Denton PD Lobby Sub-total One-Time Expenditures Total Expenditures Ending Fund Balance FY 2014-15 FY 2015-16 FY 2016-17 Actuals Actual Actual $ 1,503,502 $ 1,845,986 $ 1,958,198 FY 2017-18 Budget� $ 2,255,026 2,168,251 2,258,513 2,543,396 3,052,174 $ 3,671,753 $ 4,104,499 $ 4,501,594 $ 5,307,200 $ 10,752 $ 11,290 $ - $ - 17,409 16,539 22,572 23,249 822,255 917,395 1,084,995 1,117,545 284,000 200,000 200,000 206,000 6, 000 8, 540 11,820 12,175 7,868 27,875 17,052 36,951 - 22,479 23,000 23,000 24, 780 - - - - 150,000 - - - - 8,000 8,240 - - 3, 500 - 10,000 7,925 15,500 15,965 24,161 25,000 25,000 25,000 114, 021 150, 000 150, 000 154, 500 15,320 15,630 18,086 18,629 86, 961 91, 309 100, 000 103, 000 16,791 15,775 16,945 21,500 7,700 7,700 17,700 18,231 40,790 55,445 55,372 73,252 11,603 11,963 30,000 30,900 123,669 129,852 140,000 144,200 12, 761 13, 705 17,114 17, 721 - 4,850 5,325 5,485 24,161 25,141 30,369 31,280 5,250 5,250 5,250 5,250 77,301 125,000 150,000 154,500 - - - 658,234 10, 000 - - - - 5,250 - - 52,747 52,747 52,747 54,329 7,875 8,269 15,769 16,242 11,592 41,371 30,452 51,500 $ 1,825,767 $ 2,146,301 $ 2,246,568 $ 3,026,878 $ - $ 195,276 20,610 45, 000 $ 260,886 $ 1,825, 767 $ 2,146, 301 $ 2,246, 568 $ 3,287, 764 $ 1,845,986 $ 1,958,198 $ 2,255,026 $ 2,019,436 �Beginning fund balance updated to reflect actual as of 9/30/17. Actual fund balance is $112,109 more than previously estimated. li/ . �/ /j/��j � ////////// ��// ��/�� jj � , ////,//;;�; ,�� , ,,�„, i/' �, ;�, �j�� ; ; :i, ��/ ,/// �i j° � �; !; ,�; � °� � , „ �, /j �� ,� CITY OF DENTON Hotel Occupancy Ta� Program 2018 I. PURPOSE To actively promote Denton as a tourist destination. II. ELIGIBILITY A. Must be based in the City of Denton. Must present, perform, exhibit, conduct workshops or provide services and other activities that promote tourism and the hotel and convention industry. B. Must be a governmental entity or a non-profit Texas corporation, federally tax-exempt under the Internal Revenue Code. C. Must demonstrate corporate good standing with the state of Texas at time of application. D. Must have a history of continuous, stable programming prior to the application date. E. Must have an active governing body. F. Must ha�e programming, administrative practices and board membership that does not discriminate on the basis of race, color, national origin, sex, or handicap. G. If previously funded, applicant must ha�e successfully fulfilled all prior contracts. III. ZTSE OF HOTEL FUNDS There is a two-part test that every expenditure of local hotel occupancy tax must pass to be valid. First, the revenue derived from the t� authorized by T� Code 351.101(a) shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry as permitted by Subsection (a). That revenue may not be used for the general revenue purposes or general governmental operations of a municipality. The second part of the test is that all expenditures must clearly fit into one of the eight statutorily provided categories for expenditures of local hotel occupancy t� revenues. These six categories are as follows: Page 1 of 6 A. Convention & Visitor Information Centers - Funding the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both. B. Conventions - Funding the furnishings of facilities, personnel, and materials for the registration of convention delegates or registrants. C. Advertisin� - Funding for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity. D. Arts - Funding for the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms. E. Historical - Funding for historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums 1) at or in the immediate vicinity of convention center facilities or visitor information centers, or 2) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates. F. Sportin� Events - Funding for a municipality located in a county with a population of 1,000,000 or less, expenses, including promotion expenses, directly related to a sporting event in which the maj ority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity. G. Sports Facility/Fields - Funding the enhancement or upgrading of existing sports facilities or sports fields (baseball, softball, soccer and flag football). The municipality must own the sporting facility, meet specific population criteria and the field/facility must ha�e been used a combined total of more than 10 times for district, state, regional, or national sports tournament in the preceding calendar year. Does not apply to the City of Denton. H. Transportation - Funding transportation systems for tourists. A municipality of any size may cover the costs for transporting tourists from hotels to nearby tourism venues. The transportation system must be owned by and operated by the city, or financed in part by the city. IV. ADDITIONAL ZTSES OF HOTEL FUNDS Expenditures listed below are allowable for organizations, to the extent that such expenditures are used exclusively to attract tourists and convention delegates or registrants to the municipality or its vicinity as governed by the State T� Code 351.101 (a). These special allowance expenditures may not be used for the benefit of local businesses or individuals, and the benefit to tourism may not be indirect or incidental, but must be direct or purposeful. A. Administrative Ex�enses - Hotel occupancy t� revenue spent for the purpose authorized by T� Code 351.101 may be spent for day-to-day operations, supplies, salaries, office rental, tra�el expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under Section 351.101 (a). If a municipality or other public or private entity that conducts an activity authorized under section 351.101 (a) conducts other activities that are not authorized under 351.101 (a), the portion of the total administrative costs of the entity for which local occupancy t� revenue may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activitie s. Page 2 of 6 For Example: Organization A has a total operating budget of $500,000 which consists of $250,000 for administrative expenses, $100,000 for advertising, and $150,000 for stages, lighting, and artists. Under this example, 50% ($250,000/$500,000) is their eligible proportion for administrative expenses, only if at least 50% is devoted to the event and promotes tourism and the hotel and convention industry. Therefore, assuming the committee approves a$100,000 budget from Hotel Occupancy T� Funds, $50,000 ($100,000 X 50%) of this budget may be spent for administrative expenses. The following expenses may be incurred, but may not exceed the eligible proportion, as authorized under 351.101 (e): salaries, supplies, equipment, fixed assets, utilities, event insurance, communications, technology, office space, janitorial maintenance & supplies, non-local printed matter such as newsletters, applications, and entry forms, etc. Requests for ad�ninistrative expenses, including the purchase offr�ed assets and equip�nent, �nust be provided in detail to the co�n�nittee for consideration during the application process. B. Promotion Ex�enses - Expenditures for food and beverages for meetings and special events and promotional items may be funded if the focus of that event or meeting directly promotes and services expenditures authorized under Section 351.101 (a). If a municipality or other public or private entity that conducts an activity authorized under section 351.101 (a) conducts other activities that are not authorized under 351.101 (a), the portion of the total costs of the entity for which local occupancy t� revenue may be used may not exceed the portion of those costs actually incurred in conducting the authorized activities. Each entity that is ultimately funded by the t� shall, before making such expenditure, specify in a list each scheduled activity, program, or event that 1) is directly funded by the t� or has its administrative costs funded in whole or in part by the tax; and 2) is directly enhancing and promoting tourism and the convention and hotel industry. The listing of �neetings and special events (and purpose) where expenses for food, beverages, or pro�notional ite�ns will be incurred �nust be provided in detail to the co�n�nittee for consideration during the application process. V. LIMITATIONS OF HOTEL FUNDS Recipients are responsible for assuring compliance with all statutory, and other legal requirements applicable to receipt, use, expenditure and accounting of hotel t� revenues. No provision, restrictions, or lack thereof, in these guidelines shall excuse the failure of a recipient to comply with all such requirements. Hotel funds may not be used for the following: A. Funding to individuals; B. Reduction of deficits from, or expenditures related to, activities of previous or future fiscal, calendar, or program years; C. Capital improvements, except for those funded by the City through bonds or are historical restoration or preservation projects; Page 3 of 6 D. Contracted auditing, accounting, or bookkeeping fees; E. Landscaping; F. Travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner; or G. Advertising materials that will be distributed inside the city limits of Denton. VI. RECIPIENT REQUIREMENTS A. In all publications (e.g., flyers, programs, brochures, press releases, advertisements, annual reports and all other mailing pieces), recipient shall acknowledge in some meaningful way that their organization is funded in part by the City of Denton. Such acknowledgement might take the form of inclusion on a donors list for particular events. Recipients are advised that usage of the official City logo is restricted by policy (505.02) and ordinance. Any use of the City logo must be coordinated with and approved by the appropriate City representatives, to ensure compliance with these standards. Written authorization must be obtained from the City Manager or their designee. B. An organization with whom a municipality contracts to conduct an activity authorized by section 351.101 (a) shall maintain complete and accurate financial records of each expenditure of hotel occupancy t� revenue made by the organization and, on request of the governing body of the municipality or other person, shall make the records available for inspection and review to the governing body or other person. All financial records and any other records relating to the contracts shall be subject to the requirements of the Public Information Act. Organizations must maintain and account for revenue provided from the t� authorized by section 351.101 (a) within one of the two forms of accounting listed below: Maintain hotel occupancy t� funds in a separate checking account established for that sole purpose and may not commingle with any other money or in any other bank account or Maintain segregated fund accounting, whereby the accounting of HOT revenues and expenditures may not be commingled with any other revenues and expenditures. The funds may be maintained in the same bank account. However, if the HOT funds are invested in an interest bearing account then a separate account must be established for that sole purpose and may not commingle with any other money. All interest earned on the invested account will be considered restricted Hotel Occupancy Tax funds. C. Payments to approved recipients will be made quarterly. The quarterly payments will be equal to 25% of the fixed contract amount unless the annual base revenue is less than originally estimated for the fiscal year. In this case, the fourth quarter payment will be adjusted accordingly. Payments will be disbursed to recipients by the 25`i' of the next month following the quarter end. Payment will not be made until the recipients' quarterly reports are completed and approved by the Finance Department. If during the program year the city finds that revenue receipts will not meet the estimated budget, fourth quarter allocations will be reduced for contracted recipients. Internal recipients will be required to reduce their expenditures as necessary during the last quarter of the fiscal year. Page 4 of 6 The quarterly reports should include the following: Complete financial report. Copies of all HOT paid invoices OR listing of invoices including check number, vendor names, budget category, expenditure description and amount paid. (If a listing of invoices is provided, an audit may be performed on randomly requested invoices to determine program eligibility. Front and back copies of all cleared HOT checks written for above invoices OR bank statements. D. Provide the Finance Department advance notice of local Board of Directors meeting schedule. E. Return any unused or ineligible monies to the City of Denton at the end of each contract period. F. Each required organization must have insurance coverage prior to the event. A copy must be filed with the Finance Department at least one week prior to the event. G. New applicants must attend a training session in the Finance Department prior to the beginning of the program year. VII. CONTRACT TERM The program period will commence on January 1 of the program year and terminate at midnight on December 31 of the same year. However, the contract period will commence on January 1 of the program year and terminate at midnight on January 31 of the following year. A thirty-day grace period is provided which allows recipients to finalize their reporting of expenditures. Either party may terminate the contract by virtue of sixty days written notice. Intra-city organizations that receive program funds will operate on a fiscal year that will commence on October 1 and terminate at midnight on September 30 of the program year. All Hotel Occupancy T� expenditures must be completely incurred before the midnight deadline. VIII. COMMITTEE AND APPLICATION OVERVIEW The Hotel Occupancy T� Committee is a sub-committee of the City Council. The Council will determine membership of the sub-committee. The following city staff serves as liaisons: the Assistant City Manager, Director of Finance, Assistant Director of Finance, Deputy City Attorney, and Treasury Services Specialist. The application process is summarized below. A. Applications are distributed to all current and past recipients and to other organizations requesting Hotel Occupancy Tax funding. B. All applications must include: a proposed budget which details the plan for expending all monies requested, financial statements from at least two previous years, letter of determination certifying t�-exempt status under the Internal Revenue Code, current W-9, poof of current status as a non- profit Texas corporation, a list of local Board of Directors, Officers, or Governing Body and schedule of ineetings, constitutions and/or by-laws, a list of all prior year donations made by the organization, and a notice of events/schedules for which the hotel funds will be spent. If an organization is a current recipient during the application phase, the submission of the tax-exempt status letter and constitution and/or by-laws are required only if changes occurred since the last contract period. All applicants must provide a current W-9. C. All applications will be reviewed by staff for completeness and adherence to hotel occupancy t� state laws and program eligibility. Page 5 of 6 D. Applications are presented to the Hotel Occupancy T� Committee for review. Any application that is late will be forwarded to the committee for review, but the committee has the discretion to reduce or deny funding of the requesting organization. E. An additional Hotel Occupancy T� Committee meeting is tentatively scheduled for recipient presentations, if needed. F. The Hotel Occupancy T� Committee approves or declines all or part of the requests for funding. G. Staff prepares letters and contracts for the awarded recipient's signature. H. The contracts will be approved by the City Council at a regularly scheduled meeting in October. Page 6 of 6 i �ii��%%%%%%%%%, , iiri %%/��% „� ��/ ,;;;;,,;;;;;, ,�i�i%% � ,�,,, ,,;;;, � , ,�, ' r� � / ,�i , ir�� ' � ` ( l � � % ' , MUST BE TYPED DELIVER TO: City of Denton Attn: Randee Klingele 215 E. McKinney St. Denton, TX 76201 HOTEL OCCUPANCY TAX PROGRAM YEAR 2018 APPLICATION � II p:�qlll':��'„ V"��' � ��„ ��9 � � ,'w �9�9 II ii.V"�. : �� ,� ... � � : :': Organization Name: Name of Event: Website Address: Mailing Address: Physical Address: Telephone #: Primary Contact Name: (Project Director) Mailing Address: Telephone #: Email Address: Secondary Contact Name: (Local Board Chairman) Mailing Address: Telephone #: Email Address: Fax #: Fax #: Fax #: INCOMPLETE APPLICATIONS WILL NOT BE FORWARDED TO THE COMMITTEE Page 1 of 6 1) Mark an "X" next to the category or categories that your organization is requesting funds in the attached budget request. Advertising 351.101 (a) 3 Conducting solicitation or promotional programs that encourage tourists and delegates to come to the City of Denton. Arts 351.101 (a) 4 Providing encouragement, promotion, improvement, and application of the arts as it relates to the presentation, performance, execution or exhibition of the major art forms. Historical 351.101 (a) 5 Providing historical restoration, preservation programs and encouragement to visit preserved historic sites or museums. Convention Center 351.101 (a) 1 The acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation and maintenance of convention center facility and/or information center. Convention Registration 351.101 (a) 2 The furnishing of facilities, personnel and materials for the registration of convention delegates and registrants. Sporting Events 351.101 (a) 6 Expenses directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality. Transportation 351.110 Transporting of tourist from hotels to nearby tourism venues using transportation systems which are owned, operated or financed by the city. 2) Briefly state the purpose of your organization. 3) Does your organization have paid staff? Yes # Full-time # Part-time No 4) Does your organization use volunteers? Yes Approximately how many? No Page 2 of 6 5) Does your organization own or rent office space? 6) Does your organization own a vehicle? Yes No 7) Is the event that the organization is requesting HOT funds for held on City property? Yes Name Location(s) No Name Location(s) 8) Will the organization be able to provide insurance coverage for the event if held on City pro pe rty? Yes No 9) List ALL other sources of funding your organization receives and how much. Check here if information is attached. Source Please Circle One Earned Donated Earned Donated Earned Donated Earned Donated Earned Donated Earned Donated Earned Donated Earned Donated Dollar Amount 10) List the programs, activities or exhibits for the upcoming year that the attached requested budget will fund partially or in full. (351.108) 11) Provide three years attendance and estimated hotel night history for the events listed above in quesuon �u. Year Audience Size # From Out of Town Hotel Nights Event Page 3 of 6 12) How do the requested budget expenditures meet the definition of the categories marked on page two? (Advertising, Arts, Historical, Convention Center, Convention Registration, Sporting and/or Transportation) 13) What specific market will you target with the organization's marketing plan? Attach examples and evidence of marketing area and readership. Label Exhibit A(Limit 5) 14) Describe in detail how your event, program or exhibition will promote tourism and the hotel and convention industry. 15) Provide the following financial information and attach the last two years' audited financials or balance sheet. Label Exhibit B Fiscal Begin. End Year Year Balance Revenue Expenses Balance Page 4 of 6 16) Briefly describe the organization's long-term plan (3-5 year) in regard to the program, event or exhibition that funds are being requested. 17) The City of Denton requires segregated accounting of its HOT funds. Organizations must maintain and account for revenue provided from the tax authorized by section 351.101 (a) within one of two options listed below. 1) Separate checking account without commingling with any other revenues or maintaining in any other bank account or 2) Maintain segregated fund accounting, whereby accounting of HOT revenues and expenditures may not be commingled with any other revenues or expenditures. The funds may be maintained in the same account, however, if HOT funds are invested, a separate account must be established. (All interest earned will be considered restricted HOT funds) Will the organization be able to segregate the accounting process in either way listed above? Yes No 18) Please provide all the following documentation with this application and label as directed. Exhibit A Provide examples and evidence of marketing area and readership. (limit 5) Exhibit B Provide the last two years' audited financials or balance sheets and income and expense statement. Exhibit C Provide the organization's last two years' itemized income and expenses for the event in which your organization received Hotel Occupancy Tax funding. Exhibit D Provide a proposed budget for funds to be requested for use during the Program Year 2018. Each category request should detail all expenses planned for the total dollar. This must be a separate sheet and not included in the application answers. Exhibit E Letter of Determination certifying federal tax-exempt status under the Internal Revenue Code. Unless already on file. Exhibit F Current W-9. Exhibit G Proof of current status as a non-profit Texas corporation in good standings as reflected on the websites of the State Comptroller and Secretary of State. Exhibit H List local members of the governing body of the organization. Include title, mailing address and phone number. Exhibit I Provide schedule of local governing body's meetings. Exhibit J Provide constitution and/or by-laws. Unless already on file or if changes have not occurred. Exhibit K Provide list of all donations made by your organization last year. Include organization and dollar amount. Page 5 of 6 We certify that the information in this application, including all exhibits and supporting documentation is true and correct to the best of our knowledge. It is understood and agreed that any funds awarded as a result of this application will be used for the purpose set for herein and the program guidelines. Local Board Chairman: Project Director (Print Name) X Date: (Print Name) X Date: Late applications are subject to reduction or denial of funding. Page 6 of 6 1lcodadldepartmentsllegallour documentslresolutions1131public art policy.docx RESOLUTION NO. �� 13-�21 A RESOLUTION REPEALING RESOLUTION NO. R2006-014 WHICH ESTABLISHED A PUBLIC ART POLICY FOR THE CITY OF DENTON; ESTABLISHING A REVISED PUBLIC ART POLICY FOR THE CITYOF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton established a Public Art Policy in April of 2006; and WHEREAS, the City Council wishes to enhance the role of art in the community; and WHEREAS, the City Council wants to revise the Public Art Policy to provide a more predictable, reliable, and fle�ble funding plan for public art projects; and WHEREAS, the revised policy establishes the Public Art Committee to serve as an advisory board to the City Council; and WHEREAS, the City Council finds it is in the public interest to repeal Resolution No. R2006-014 which approved the original Public Art Policy; NOW, THEREFORE; THE CITY COUNCIL OF THE CITYOF DENTON HEREBY RESOLVES: SECTION 1. Resolution No. R2006-014 is hereby repealed. SECTION 2. The revised City of Denton, Public Art Policy, attached hereto, is hereby adopted and approved. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this �b� day of �, 2013. U . : . : C 1:3�� - � . ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: \lcodadldepartmentsllegallour documents\resolutions1131public art policy.docx APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY C BY: City of Denton Public Art Policy I. Intent and Puruose The City of Denton's Public Art Policy corifirms the commitment that the Denton community has for sustaining and promoting its unique, creative identity. Art enhances the cultural, physical, and psychological environment by enlivening and humanizing public spaces, As stated in The Denton Plan:l "Public art provides a number of benefits to the city. It can create interest, create local distinctiveness, provide a memorable image associated with the city or certain districts within the city, lend character to urban spaces, and make the urban environment more attractive." Denton has experienced a rich tradition of promoting the arts for over a century. The first art course was taught at the University of North Texas (Texas Normal College and Teacher Training Institute) in 1894 and at Texas Woman's University (Girls Industrial College) in 1901. Both art programs have had a significant impact on Denton, which continues today, making it a home for hundreds of professional artists and influencing Denton's visual heritage. In recognition of the role that public art already plays in Denton, by interpreting its history, character, and aspirations, and of the importance of integrating public art into the daily lives of its citizens, the City of Denton's Public Art Policy is established to achieve the following goals: • Create distinct, attractive, and inviting public space by including public art as an integral part of the design of spaces and around development. • Celebrate Denton's cultural heritage and diversity by encouraging collaboration between artists and the community, , • Distinguish Denton's image in the metroplex by providing for the creation of quality public art in locations of prominent stature. • Foster community education and enjoyment of public art. • Promote a community environment that attracts artists to live and work, businesses to invest and locate, and residents to thrive. • Encourage participation in the provision of public art through public and private investment. • Advance collaboration between the City of Denton and the Greater Denton Arts Council (GDAC) in achieving the goals of this policy. II. Definition of Public Art Public art, as defined by this policy, encompasses the broadest definition of visual art including all artistic disciplines. Public art governed by this policy shall be art that is visually or physically accessible to the public and that is acquired by, donated to, and approved by the City of Denton. Public art that is neither paid for with public funds, nor 1 Denton Plan 1999-2020 Comprehensive Plan of the City of Denton, Texas Policies, Goals, Strategies & Implementation. created through special conditions by approval of the City of Denton, is not governed by this policy. III. Policy Administration The City Council shall establish and appoint a Public Art Committee that will serve in an advisory capacity to the City Council. This Public Art Committee, established by separate ordinance, will make recommendations on the: • Commissioning, placing, and installing of public art • Implementation of funding mechanism(s) for public art • Effective and efficient management of public art � Ongoing maintenance of public art • Accessioning, deaccessioning and resiting of public art The Public Art Committee will provide as appropriate an annual report detailing its goals and accomplishments related to the implementation of this policy. The Director of Parks and Recreation will serve as the staff liaison to the Public Art Committee for the City of Denton. The Denton City Council will appoint two members representing the GDAC to the Public Arts Committee. The GDAC Board of Directors will nominate these members. The GDAC Executive Director and the Parks and Recreation Director will serve as ex-officio members on the Public Art Committee. The Public Art Committee will develop detailed guidelines outlining all aspects involved with the implementation of this policy. IV. Communitv Involvement The City Council seeks to ensure citizen involvement through the establishment of the Public Art Committee and the review and approval of each public art project. In addition, the Public Art Committee will work with the GDAC and local educational institutions to educate and inform citizens about projects and the process for involvement. V. Fundin Funding for public art should be realized from both public and private sources to insure a broad and balanced program. Public Funding • The City Council will consider placing a standalone bond proposition on future general purpose capital improvement bond authorization elections that, if approved by the voters, will fund public art projects. The amount of each public art boncl proposition will be determined by the City Council within a range, if existing priorities so permit, of between 2% and 4% of those portions of the capital improvement bond program authorization election that do not apply to streets, drainage, traffic control, and other related infrastructure. The bond funding to be dedicated to public art is solely contingent upon voter approval of the public art proposition submitted to the voters. This �provision only applies to voter approved General Obligation bond issuances. Page 2 of 5 VI. The City will establish a separate fund for public art projects. The City will strive to develop resources, andlor contribute funding, for public art projects, approved annually by the City Council, including, but not limited to, projects identified in the public art master plan as amended from time to time. The source of these funds may include proceeds from any funding source deemed appropriate by the City Council including, but not limited to, voter approved Capital Improvement Bond Program Authorization Elections, Certificates of Obligation, or allocations from the City of Denton's operating budget. Annually, commencing with program year 2007, at least 2.4% of the total Hotel Occupancy Tax (HOT) revenues will be allocated for public arts projects as allowed under Texas Tax Code 351.103 (c). This represents 16.01% of the 15% maximum that is allowed for the arts category, and allows for sustained funding of existing agencies in the arts category and provides a balance for potentially new agencies. Funding eligibility will be contingent on fulfillment of financial, reporting, and use requirements as outlined by the Hotel Occupancy Tax Program Guidelines. • Tax abatements to developers that include publicly accessible art as a significant component of the development are outlined in the Denton Policy for Tax Abatement. Under this policy, the City may consider grariting an additional 5% tax abatement for projects provided that at least 50% of the additional tax abatement is committed to public art by the applicant. Private Funding The City Council, Public Art Committee, private sources to fund public art initiatives. and GDAC will actively pursue public and Individuals, businesses and organizations will also be encouraged to make contributions. With the exception of HOT funds, all other public art funding will be deposited into a separate Public Art Fund established by the City of Denton. These funds will be used to support public art proj ects as approved by the City Council. The Public Art Committee will have responsibility for making recommendations for allowable uses of these funds with final approval by the City Council. Site Selection As established in The Denton Plan: The provision of public art will normally be expected as part of any large development scheme. Public art should be considered as an integral part of the design of space in and around development. Page 3 of 5 • The Public Art Committee should adopt standards to guide the placement of art in public places such as landmarks, view corridors, pockets, traffic circles, and other locations of prominent stature. Site locations for public art will be identified and recommended by the Public Art Committee to the City Council. As requested by the City Council, the Public Art Committee will make its recommendations to: • Complement and supplement other planning documents and adopted masterplans. • Insure visual and physical access by the public. • Insure suitability and appropriateness of art to the site. • Provide a balanced and equitable distribution of art in the city. • Allow for efficient management and maintenance of the art at the site location. VII. Eligible Proiects The Public Art Committee will be responsible for the development of specific guidelines in making recommendations for eligible projects. In general, eligible projects will include: • The commissioning of permanent works designed for specific public sites in Denton • The loan, purchase, or donation of art works • The installation of short-term projects that result in the creation of temporary or permanent public art VIII. Art and Artist Selection The Public Art Committee will develop and adopt specific criteria for the selection of artists and artwork with final approval from the City Council. Methods used for artist selection may include open competition, invitational competition, or direct selection and must comply with all laws, regulations, and city policies governing purchasing. IX. Ownership and Couvri�ht Permanent pieces of public art shall be the property of the City of Denton. The City shall own the physical work, with unlimited reproduction rights allowed the City for appropriate promotional and educational purposes. Legal title and copyrights in any work of public art will be spelled out contractually between the City and the artist/owner. X. Maintenance Prior to acceptance of any piece of artwork by the Public Art Committee, a recommendation should be developed for its short and long-term maintenance, including a budget for each project. All permanent public art projects must have a maintenance plan that projects both staff time and funding required to properly maintain the work. The City of Denton shall be responsible for the maintenance and management of public art projects approved by the City Council. XI. Accessionin�, Deaccessioning, and Resitin� of Public Art Gift acceptance and placement of public art should be in accordance with historic use and in keeping with the City of Denton general public art goals. The quality, �scale, and Page 4 of 5 character of the gift should be appropriate to the particular setting. Donations of works that require the City of Denton to pay installation, framing, restoration, or repair are not encouraged. The City of Denton will evaluate such expenditures at the time the gift is considered. Works of art requiring high or excessive maintenance may be declined. All donations of art must be approved by the City Council with due consideration given to any Public Art Committee recommendations. In accordance with the guidelines established by Public Art Committee, the City of Denton shall deaccession and dispose of works of art in its collection only when it finds such action to be in the public interest or as a means of improving the quality of the collection or public safety. Works of public art may be relocated or removed if a gift or commissioned piece becomes a hazard or liability or if the approved terms of acceptance are not fulfilled. Works of art that meet the definition for public art covered by this policy but which came into existence prior to the adoption of the policy will be subject to this same deaccessioning procedure. XII. Temporary Exhibits Public art projects may include installations, artist-in-residence programs, and other short-term projects that result in the creation of temporary public art. XIII. Lending Policy Artwork may be loaned to other agencies or entities if deemed appropriate by the City Council with due consideration given to any Public Art Committee recommendations. The Public Art Committee will be responsible for recommending criteria for establishing a lending policy. Page 5 of 5 � � N J O � W 0 V � � > N � \ 0 M � O � � 0 Q � � > N � � �I M � N � � s V � � 0 V � H V M � 1 �O O� . 0 Z � V � � .� � O � V 3 a J � � � � � N L O � .� � a � o� � � N � � � N � V .� � N � N 's � � O � � � � O V V a � � � L.L � � � � a �V Q � � � •N ♦ � � s m � N L s Q � s o� � � � O � � � O � . 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McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-294, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction on preliminary research and options for the availability of restrooms in the downtown area. City of Denton Page 1 of 1 Printed on 2/23/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton _ City Ha11 ��F�� 215 E. McKinney Street �,� ��"��"�' � Denton, Texas www.cityofdenton.com DEPARTMENT: CM/ DCM/ ACM: DATE: AGENDA INFORMATION SHEET City Manager's Office Bryan Langley February 27, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction on preliminary research and options for the availability of restrooms in the downtown area. BACKGROUND There was a request at the August 3, 2017 City Council meeting to research and provide options for public restrooms in the downtown area. Staff found that there were three facilities currently around the Downtown Square that provide publicly accessible restrooms for individuals to use. These facilities are generally available for the hours listed below: Da s Welcome Center Courthouse Develo ment Services Monday- Thursday 10 am — 9 pm 8 am — 5 pm 8 am — 5 pm Friday l0am-9:30pm 8am—Spm 8am—Spm Saturday 10 am — 9:30 pm Closed Closed Sunday 12 pm — 7 pm Closed Closed There was an additional request on October 17, 2017 to have a work session and further discussion on public restrooms in the downtown area. OPTIONS Included below are a number of options that were researched by staff. This is preliminary research with rough estimated costs based on similar projects in other cities as well as estimates provided by vendors that staff contacted. With additional direction, staff could refine the options, cost estimates, and meet with stakeholders to receive their feedback and input. Increase education of public restrooms This option would be to increase education about the currently available public restrooms by adding signage to the kiosks on the corners of the Square identifying which facilities have public restrooms as well as including these facilities on the downtown parking map. Because this option is a modification to services that are already being provided, there are no additional costs. 2. Extend hours of the Welcome Center The Convention and Visitors Bureau (CVB) operates the Welcome Center on the Downtown Square. This facility is experiencing the majority of public restroom use in the downtown area and have been recording information related to restroom usage to better understand costs and usage. The Welcome Center estimates an average of 1,054 visits per month for the restrooms, equating to an estimated direct cost of $356 per month for restroom and cleaning supplies. A lower cost option to increase restroom availability, without the rental or construction of a new facility, would be to extend the hours of the Welcome Center. This would provide for not only increased availability, but also onsite staff to monitor the restrooms for safety and cleanliness. The Welcome Center is open to the idea of extending hours, but consideration should be given to the safety of staff and additional funding required. The CVB estimates that the cost would be $30 per hour for staffing for every additional hour of operation. However, depending on the change in operating hours such as later evening hours, there may be additional costs such as a security guard or additional personnel. The Welcome Center has been staffing a minimum of two employees at all times and has used a security guard in the past during high traffic events like the tree lighting. 3. Installation of a public restroom A. Mobile Restrooms When researching options for public restrooms in the downtown area, staff observed that this was not an isolated occurrence in our community, but it is an issue that is being faced by cities across the United States. A few of the cities researched, including Denver and Austin, chose to pilot a program using mobile restroom trailers in order to understand the need, costs, effectiveness of resolving issues, and find the ideal location for a permanent installation. The mobile restroom pilot programs in Denver and Austin have an average usage of between 120 to 130 users per day. Both cities provide attendants to assist in the maintenance, security, and data collection of the pilot programs. These attendants contribute a signification portion to the monthly cost of operation: Denver's attendant costs are $6,750 per month for 12 hours per day and Austin's cost is $13,000 per month for 18 hours per day. Currently, Denver is leasing the mobile restroom trailer for $2,700 per month whereas Austin has chosen to purchase a trailer for $23,000. Additional costs include the maintenance to empty the grey water tank, replenish the fresh water tank, provide a generator if the site does not have electric hooks ups, and provide light towers for security. : The City could provide similar services as described previously for the initial purchase of a trailer at $25,000, and ongoing monthly costs of $5,000 for maintenance. Additional research would need to be completed in order to determine possible solutions for providing attendants. The City of Austin has entered into a contract with the Downtown Austin Alliance to provide the restroom attendants. Consideration should also be given for the location of a mobile restroom trailer and the impact to surrounding businesses and residents. Conventional Restrooms These are the type of restrooms that are commonly found in the parks. Staff estimates that a smaller restroom facility (approx. 1 or 2 restrooms) would range between $120,000 to $150,000 depending on the type of construction, location, and adjacency to nearby utilities. Currently, three (3) City of Denton parks restrooms are open year round (Fred Moore, North Lakes, and South Lakes) 24 hours a day and all other parks restrooms are open for eight months of the year. Maintenance cost for these types of restrooms including janitorial services and minor repairs are approximately $10,000 annually per restroom facility. Any major repairs or vandalism repairs would not be included in this annual maintenance costs. There are also more innovative restroom structures developing, such as the "Portland Loo" which is a single stall option that was purposely built to be used in more trafficked areas such as downtowns. Many cities are choosing the "Portland Loo" style restroom such as Portland and San Antonio. Austin has stated that they plan to purchase this style restroom at the conclusion of their pilot program. C. Automated Restrooms Automated restrooms are self-cleaning and include additional technologies that would require less oversight on the part of staff for janitorial and maintenance. For example, the restrooms could be programmed to automatically open and lock and initiate a wash down system that washes and disinfects the unit. Two different manufacturers were contacted in order to determine the features, benefits, and approximate costs. These types of restrooms would be slightly higher in initial costs over a more conventional type restroom at between $135,000 and $165,000 for a similar smaller restroom construction, with goal of long term savings in maintenance costs. However, after contacting references, staff found that the automated restrooms had similar maintenance costs as conventional restrooms because of issues related to the automated functions (e.g. paper clogging in drains). Additionally, there are not local repair companies so any repairs that could not be completed remotely would require travel and result in longer downtime. PLANNED IMPROVEMENTS There are currently two parks in the downtown area, Industrial Street Park and Quakertown Park, which could be used as locations for restrooms in the downtown area. A restroom is being designed to replace the current restroom in Quakertown Park that was shut down in 2016 due to significant repairs that were needed. This restroom will be similar in design to the Carl Young Park restroom. There is $152,000 in Community Development Block Grant (CDBG) funding assigned to be used for this restroom and potentially more funding available if the costs exceed this amount once bids are received. Once built, this restroom would be open to the public and be only a short distance away from the Downtown Square. The Industrial Street Park is going through design currently, as well, and incorporated into the design could be the addition of a restroom that would fulfill the public restroom needs of the downtown area only a few blocks away from the Downtown Square. If this were the direction of City Council, staff would recommend a restroom similar to the "Portland Loo" style which has a smaller footprint than a typical masonry construction like those typically seen at parks since this is a small pocket park Staff would also recommend outreach to downtown businesses and residents to gather their feedback. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Informal Staff Report was provided on Friday, September 22, 2017. FISCAL INFORMATION There are a number of different options with different fiscal considerations presented that would vary depending on City Council direction. Based on this preliminary research and after staff receives direction, additional research can be performed to refine cost estimates and bring a final proposal back to 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: Public Infrastructure Related Goal: 2.3 Promote superior utility services and facilities EXHIBITS 1. Agenda Information Sheet 2. Presentation Respectfully submitted: Sarah Kuechler Director of Public Affairs Prepared by: Charlie Rosendahl Management Analyst W � 0 N � ti N � � LL e / ►; � ►; � 1 '► � ,.. . .... . �.,,I V*I �r�e=u�.ni �il :; ILu�i:u;aV ,YEP , � ; r G- '�. _.... ........... �j�r�ru�maim»iiuuiiii��g��a ��Np��ovo��ov�oao��0�1��INi�d� ��y � � � � i � �1 � � �� s� � , �, rt�»»�„�,�, � �� W ��y ` ��U�u�H� ��o�� !��u��ou»»��m�� .,� � � � u,i �ir�r �;�� ?1 r� ��x� ��t �, �u„� ;: ��u � � oa r,� ,,, dt � i zi,`,� 7 rtii � u � u ;� �;;,,,:i r+� ►: �. 1; 1; • �' �: ► � �, � � ,,,,,,. a,� � � � :, � �°'�� "�� 1; ► 1; ►: 1: • ► ►: ►: �. �. 1: • � 1 � � 1: 1 �. � � �= 1: � � � � � 1: ! i; i; i; 1 �- 1: ►: 1 1: ►: � � ► �. 1; � �- �. ►: �- 111f` � � ► � � 1: � � ►: .'� �. �: � � ► ///�i,,, ///�i,,, t;;;;;:i r r;,; � �i,,. �i,>. �i,,.. � ///�i>, ///�i,,. �;;;;;:i 0 0 �.ri .o 6F} � O O � M � 0 0 0 � � O O O N 6F} � � O U cd .� .� cd � � � cd O O O � � � � � � cd O O O 6F} � cd � � � cd O O � � O � O O � � O O � �n .-. � L c� a� � a� u u � J � � O .� L a� -v_ � U �;;;;:� r,;;; ////r,,, ////r,,, ////r,,, ///�%„ �;;;;;:i �:� � � �: �: 1 • � � � � � �� City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-297, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and provide direction to staff on recommended changes to residential parking standards. City of Denton Page 1 of 1 Printed on 2/23/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton _ . City Ha11 �� 5 215 E. McKinney Street tiY �� " Denton, Texas www. cityo fdenton. com DEPARTMENT: CM: DATE: SUBJECT AGENDA INFORMATION SHEET Development Services Todd Hileman February 27, 2018 Receive a report, hold a discussion, and provide direction to staff on recommended changes to residential parking standards. BACKGROUND As part of the January 9, 2018, City Council Work Session, staff prepared a report outlining contributing factors associated with Multifamily/SRO and Single-Family developments that are interrelated in examining parking requirements. Staff presented a number of recommendations for consideration in regards to addressing residential parking in the City. At the conclusion of the workshop, direction was provided to bring back recommendations to allow for some flexibility in parking requirements for specific areas of the City and an increase in residential parking standards. RECOMMENDATIONS As a result of the direction given at the January 9, 2018 City Council Work Session, staff has prepared five (5) recommendations. Included with each recommendation is the initial consideration from the January 9, 2018 Work Session with recommended changes. 1. MINIMUM PARKING STANDARDS Initial Consideration Increase the residential parking requirements as shown below: RESIDENTIAL USE Min.�"� Min. Spaces Spaces (Proposed) (Current) ""��^�' �'^^c�+., Multifamilv dwellings, Student-SRO, or manufactured housing Studio or One bedroom units 1.25 Unit Two or more bedrooms 1.25/Bedroom rFF:�:.�.,�.,/�+...d:., /cn'1 Gnn crl �� 9QD�r.cnncr 9•C� � �� +� �� Retirement/Senior 1/unit Visitor Parkinq �Ay�4 1/10 Bedrooms Fraternity/sorority, boarding 1/BR houses, dormitory Recommendation Amend Subsection 35.14.4.A of the Denton Development Code to increase Minimum Parking Standards for Single Family and Multifamily Dwellings as shown below: RESIDENTIAL USE Min. �"� Spaces Min. Spaces (Current) (Recommended) Single-Family '% 4/dwellin�. A minimum of 2 spaces shall be in a �ara�e. Tandem parkin� in �ara�es may not be counted as satisfyin� this requirement. Duplex 1-3 eedrooms '% 4/dwellin�. A minimum of 2 spaces shall be 4+ eedrooms 1'�0° in a�ara�e. Tandem parkin� in �ara�es may not be counted as satisfyin� this requirement. ""��^�' �'^^c�+., Multifamily 1 space/bedroom plus visitor parkin� dwellings�or manufactured housing rFF:�:.�.,�.,/�+...d:., /cn'1 Gnn crl �� 9QD�r.cnncr 9•C� r-Bf't �R J9'Pt �t "/'q'@f't i�'B'R Visitor Parkinp 10% of the minimum required spaces Hvpothetical Example - 100 Unit Development: .. TYpe .... .... .... .... Current .... .... .... .... Recommended .... .... ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 25 1-BR Units 38 Spaces 25 Spaces 25 2-BR Units (50 BR) 44 Spaces 50 Spaces 25 3-BR Units (75 BR) 50 Spaces 75 Spaces 25 4-BR Units (100 BR) 100 Spaces 100 Spaces .. REQUIRED .... .... .... 232 .... .... .... .... 250 .... .... .... . .. Visitor Parking (10%) .... N/A .... .... .... .... 25_Spaces.. .... .... .. TOTAL .... .... .... 232 .... .... .... .... 275 .... .... .... . 100 Units (250 BR) 232 Spaces 275 Spaces (Avg. 2.32/Unit or .92/BR) (Avg. 2.75/Unit or 1.10/BR) Increase of 31 Parking Spaces I _ � Actual Example - 9 Unit Efficiencv Development: .. TYpe .... .... .... .... Current .... .... .... .... Recommended .... .... �,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 9 Efficiency Units 12 Spaces 9 Spaces .. Visitor Parking (10%) .... N/A .... .... .... .... 1 Space .... .... .... ..TOTAL .... .... .... 12_Spaces .... .... .... 10_Spaces. .... .... 9 Efficiency Units Avg. 1.33 Unit/BR Avg. 1.11 Unit/BR 2. PARKING MAXIMUMS Initial Consideration Eliminate parking maximums, unless it is part of a special district. Recommendation Eliminate parking maximums City-wide by striking Subsection 34.14.1.F of the Denton Development Code for all uses within the City as shown below: , , , �.e+�.� 3. ON-STREET PARKING CREDIT Initial Consideration Eliminate the ability for on-street parking credits for all residential development outside of the downtown area or other specified area as may be determined in an adopted Small Area Plan. Recommendation Eliminate on-street parking credits for single-family residential and clarify its applicability to other developments. Specifically, amend Subsection 35.14.5 of the Denton Development Code to include an eligibility section for the location and type of project and clarify how spaces are calculated as provided below: 35.14.5. - Credit for On-street Parking. A. Eli _ i� bilitX l. Location a. Pro�erties located within the Infill S�ecial Pur�ose District that are not rec�uired to dedicate or construct full width ri�ht of wav adjacent to the site are eli�ible for on- street �arkin� credits. 2. Project Type: a. Multifamilv residential; b. Mixed-Use; or c. Nonresidential, exce�t Industrial. B. Maximum Credit. One (1) on-street �arkin� space �er each ei teen (18) conti�uous linear feet of lot fronta�e mav be counted toward the required number of off-street parkin� spaces, provided that such s�ace is located directiv in front of and on the same side of the street as the use in auestion, alon� a public street where on-street parkin� is permitted. � . 1�lT�5�filyfi�l�!lS5�77:lSZflf!!5l77_!�!!!�! � ! �� r.��!!�5 TSR:!lf�trs�e�s5�ss�asisf�trs��esl:eT� . - - . . . . :a•s�l�...:.�:.s,,:.;� � �.. „ .. . 4. COMPACT CAR, BICYCLE, AND MOTORCYCLE PARKING SPACES Initial Consideration This item was not included as part of the January 9, 2018 Work Session; however, the recommended DDC amendment below will offer flexibility in site design with the inclusion on compact car spaces, as well as provide for parking alternative modes of transportation, including bicycle and motorcycles. Recommendation Amend Subsection 35.14.6.F to allow for compact parking spaces within surface parking lots as opposed to being only permitted within a parking garages, but reduce the amount from 20% to 5% of the total required parking. Delete the suggestive language in Subsection 35.14.10. Bicycle Parking of the DDC. In exchange, amend Subsection 35.14.6.G. to encourage the use of alternate modes of transportation by allowing for a substitution of bicycle or motorcycle spaces of up to 5% of the total required parking as outlined below and: F. Compact Car Parking. �'�mr��* r�r'�;N� � � N'�,'�� ,�a ; �r'�;N� �'Y-"�*"r�� Up to ��e��A� five �ercent (5%�percent of the total parking spaces �� r�r'_�-�a a�r�a� required may be designated for compact cars. Minimum dimensions for compact spaces shall be eight by sixteen (8 x 16) feet. Such spaces shall be signed or the space painted with the words "Compact Car Only." G. Bicvcle or Motorc, c��aces. Anv existin� or proposed parkin� facilitv mav utilize, on a substitution basis, on-site parkin� spaces for bicvcle or motorcvcle spaces. l. Said bicvcle s�aces shall be raised a minimum of six (6) inches from �rade of the adjacent parkin� facilit� 2. One �arkin� s�ace mav be omitted for each four (4) bicvcle s�aces �rovided. 3. One parkin� space mav be omitted for each two (2) motorcvcle spaces provided. 4. Bicvcle s�aces shall measure at least two (2) feet bv seven (7) feet and shall be located in �rou�s of four (4), shall be located within 50 feet of the primarv buildin� entrance, and shall be of the followin� three ty�es: a. A rack which secures the frame in at least two places and allows for lockin� of the frame and at least one wheel_ or b. An enclosed bike locker, or c. A fenced, covered, locked or �uarded bike stora _ e� area. 5. Motorcvcle s�aces shall measure four (4) feet bv ei_�ht (8) feet and shall be �rovided with adequate unobstructed maneuverin� areas to permit easv access to the space. 6. In no instance shall credit for motorcvcle or bicvcle �arkin _ o� r anv combination thereof exceed five (5) percent of the total required number of parkin� spaces. 5. PROVIDE FOR AN ADMINISTRATIVE PARKING REDUCTION OF UP TO 10% Initial Consideration This item was not included as part of the January 9, 2018, Work Session; however, the recommended DDC amendment below will offer flexibility in a limited capacity without the time and expense of a variance request. In order to request administrate relief the applicant would be required to meet the criteria below. Additionally, if a substitution of compact or bicycle/motorcycle parking spaces is provide for, the applicant would not be eligible for the administrative relief. Recommendation F. Administrative Relief. l. Eli�ibilit� a. Develo�ment for which the a�licant has not substituted ten �ercent (10%) of the rec�uired parkin� spaces as provided in Subsection 35.14.6.F or 35.14.6.G is eli�ible for the administrative relief described below. 2. Maximum Relief: The Director mav a�rove a reduction of up to 10% of the required parkin� provided: a. The a�licant has not substituted ten �ercent (10%) of the rec�uired �arkin� s�aces as provided in Subsection 35.14.6.F or 35.14.6.G. b. An a�licant mv combine the substitutions �rovided in Subsections 35.14.6.F or 35.14.6.G. with this Subsection; however, the combined shall not exceed ten percent (10%) of the rec�uired number of �arkin� spaces. 3. Criteria: a. Grantin� the reduction will not cause excessive con�estion, endan_�er �ublic safety, substantiallv reduce parkin� availabilitv for other uses or otherwise adverselv impact the nei�hborhood, or that such lesser amount of �arkin_� will �rovide �ositive environmental or other benefits to the users of the lot and the nei�hborhood, includin� specificallv, amon� other benefits, assistin _ i� n the �rovision of affordable housin _ u� nits; b. Grantin� the reduction does not impose an undue financial or administrative burden on the Citv; c. For everv vehicular parkin�, space reduced bv means of administrative relief, four (4) bicvcle parkin�, spaces shall be �rovided. These bicvcle �arkin�, spaces are in addition to the rec�uired parkin� and do not qualifv as a substitution under Subsection 35.14.6.G. EXHIBITS 1. Agenda Information Sheet 2. Presentation Respectfully prepared and submitted by: Richard Cannone Interim Planning Director � � 0 � .- V � � 0 U � � _ U i 0 � a � i O � — �V i 0 V � V � ��-I N . a� i � i � �--I � O � ca � � 4� � � O U 4� �C � � � ................................. .............................. .............................. i � O ��" � � � � H N � � � � v � � � �, � � � � � � � a � � � m �� c� c� c� c� c� c� N I� � �� O O u� O O u� � N� � �� N � N N N N N � �� Q � i O � �� N N N v V V� C ��"' � � � Q a Q Q N m Q Q Q � � \ cn cn cn � � Z N m N 00 � O 0 N N nj al m � �n M nn � N N t�0 Q � J �m a �� o uuul�ll i � �� o °�� c o �c �c �c m �, �° m m m o � �� n o �n o � °��. 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N — U � � m cn cn d i O N � i O �, � U O � � � � O N Q aA � � 0 � N � � N � ca aA � 0 � � U O � � i O N U N � Q f� � U � N � � � i O � � N ca N � ca � � U ca � N � U � i C6 Q a--+ O � � � N i N i � � O � ca � � � O U � � ca � O � � ca a� U U � N U U � O 0 � � O � � U c� N U C6 � .� � � R•9 vi N U C6 Q � � � L � � O � � � � .� � ca � 0 � � � O N U � Q � � N � � U N � � � N aA � � N N � O � � U � � 0 � o � � � N � � � � }' � •— �, � �a�� '� �� i O�'� Q.�� o � o � � �, U �, � N � }' � O N � � � N o � cn O � � � � � �--+ �, �., � � �?) U � � � � Q � � � o � � � � �.ri � � m � � � X O U L.L � .� � � N Q� � N fB r-I f� f� Q m � � M U a--+ � N � O � .� � � � � a�i0 � � O vi � � a"' `� a--' O O cn � � � +� N N � O � N � � � O � � �N N � � � i Q � � �., N � � � � O h.�A }' c�i� a-N-+ tUp cii � O N � � a-_' � � � N O � � � � � � � � � � ca aA � � � . N — a--� � �' cn _ � U � � ��.+ U O x •� � p � � N � � � O � � � ca � � a-�-+ � � U '1 � C�A �, i � � � �O � � O � � � �� = v � � v O .� � .� .> .� � � � � O � � � � — O � � p ,N +-' �. � � O > U— �, >� p a--+ i � � � � Q � � � � � � N N � � .aA+�-+ ��._� �.� � � ��O � aA � � N � � � � }' N � }' cn � � � _ � �N V� N C6 .� C6 C6 � � �� N N � � > .� ca � i � � �� '� N = — U � �� .0 � C6 � }' O c�i� � O � � � ca � � � �� N �� '� � � O � U � � V� � � � � � � � ca � � � m Q N � � ��_° � Q +-+ U '� � N tZ00� �.� � � � i O i � � . � �� U � � � � � i U �� _ � O �� i ^ � � � � � � � N +_+ � i U c/) � � Q� � O N N U vi � O � c� � � a� � � 0 V � � City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 17-1659, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas reappointing Robin A. Ramsay as Presiding Judge for the City of Denton Municipal Court of Record; establishing a term of office for the Presiding Judge beginning on the 4th day of March, 2018; and extending through the 3rd day of March, 2020; authorizing the Mayor to execute a contract for term of office; and ratifying terms of contract; and declaring an effective date. City of Denton Page 1 of 1 Printed on 2/23/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton _ . City Ha11 �� 5 215 E. McKinney Street tiY �"� �� " Denton, Texas www. cityo fdenton. com DEPARTMENT: AGENDA INFORMATION SHEET Human Resources CM/ DCM/ ACM: Todd Hileman DATE: SUBJECT February 27, 2018 Consider approval of an ordinance of the City of Denton, Texas reappointing Robin A. Ramsay as Presiding Judge for the City of Denton Municipal Court of Record; establishing a term of office for the Presiding Judge beginning on the 4th day of March, 2018; and extending through the 3rd day of March, 2020; authorizing the Mayor to execute a contract for term of office; and ratifying terms of contract; and declaring an effective date. BACKGROUND The judicial appointment for a term of office is more a question of legal authority and is not merely an issue of employment or compensation. The judicial appointment process under the Denton City Charter, Code of Ordinances, and Chapter 30 of the Texas Government Code is intended to address the validity and enforceability of the Court's judgments and orders. While the Presiding Municipal Judge ("Judge") serves at the pleasure of the Council and may be removed during the appointed term, the period of appointment is for a specific two (2) year period. Under Article VI, Section 6.03 of the Denton City Charter, as well as Article II, Section 19-36 of the Denton Code of Ordinances, the Judge shall be appointed in even-numbered years. While statutory and case law provides for the "automatic re-appointment" of municipal judges once appointed, this Council has typically taken affirmative action of appointing or re-appointing the Judge. There was an exception in 2016 when the Council did not take affirmative action, so the Judge was automatically re-appointed. The term of the Judge expires on March 3, 2018. Therefore, an ordinance, along with a new employment agreement with updated terms and salary (based on the salary approved by ordinance 2017-345) has been placed on the agenda for Council consideration. OPTIONS Reappoint Robin A. Ramsay as the Presiding Municipal Judge through the approval of an ordinance and new employment agreement; do not affirmatively re-appoint Judge Ramsay, and instead, let his two-year term automatically renew; or appoint another person Council feels is qualified and competent to serve in the capacity as Presiding Municipal Judge for the City of Denton Municipal Court. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Related Goal: EXHIBITS Safe, Liveable & Family-Friendly Community 4.1 Enhance public safety in the community Exhibit 1- Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Employment Agreement Respectfully submitted: Carla Romine Director of Human Resources s:Ale.�;ual\�i�ir �CG'>cuen�nts\�rcl inanc.es\ I$\rbrrls;�y a}��perinEm� nt - ordinance. d<ac o�r�rr��rc�i: rac7. AN (JI�I7iN�NCr1 f)F "1'1IF: C�1"I"Y ()Ia I7�;�r1"I'()�f, T�;XAS 121;A�'I'(J1N"I'INCx R()I3I:1�I A. IiAMSAY hS �'I�ESII7INCJ :f[JT7C�1? I�OI� `I'I�f; C;[Z�'Y C7�� I�1?N'I'C)N Mt11`�[C"II'AI, C:(7t.112T ()Ia Et.FC'(JIt17, �;S"�'�1E3i,l�f IIN4:� �, 'I'�;F�.M ()I� ()I{'I{'IC'E::�, FOf� "I't11:; f'��;`�II7ING J[J[�CxI; �3��;GTN1��l�'N�Ci� CJI�I '�"111�;; ��l�i�� Z:�f1Y (�)l�a N1�1F2CII�, ?(7l �, �I�fI7 ��:�,X"�"F:NI7I�N��1 �l�`I-IF'�O(1Cri�-i� 31�zr� DE1Y CJI�' M�1}�CFi, 202(); AUT'I1()RI'1_,INCJ `f'1IF? M�YC7F� `]'C7 I?�F;CCJ�I'F:; A C."C)N"TIiAC�T I{C)I� "I,LI�M (JF (71�1�1C'F�; /�,NI:7 E�/1,"1'It�YIl`�Ci "1�1?R.MS C)Ia C.',C7I�"I"h.AC'"T'; 1�ND DL;CI,f'�RINCi �:N }�,�jk�'l;C'"1'IVF; l-)ArI'I?. WI IE;12.�?A`�a Sc;cti<�Yzs (i.(J3 c>1' tl�e (�l��rter� c�f thc City of I7c;X�:tc7n ��z�c� C'1��}7ter l9 c�1` tl�c; C�ity C'�]de ic7r tl�� C:'ity c�i` I:)e��tcan aut}�c�rire t11c� C,ity Cc�uncil ta ��}�c�id�t a I'r-e;sic�iz7g M��nicipal J�Gd�c� t�a pr�5ic1� <7ver thc jtrclici�l �unctions of' tl7e Mur�aci:�:��1 C�aurt c�f R�;cca�-�i {:c7r kl�e C;ity af` I7�zztc�r�; �nci WI-11;�if:�1;�, C'I�ta�,te;r 3() c�1' tl�� Cxovernr�t�c;nt C��dc, thc� Unifc7rin Mu��ici�al C�ourt•ts c>f R�cc>rd �4ct (specific�:�11y �ection ;(),OQOOCi) �rovidcs t�l��t a gcav�;rning bocly sl�all ap}�oint ane <7r zz�c��r� J�.�ci�cs tc� ��-�:�sici�: c�vc;r 7 l��u��ic�ipcil cotia�t cr{'r�cc�rci; �nc� WH�l2L�;1�,�, C"]��plc�►• �O.C')OO7 «f.'th� G�cav�erixmcazf C�od�; r•�:i�uire�s t��t, if thex•e� is mc>re� t17a�r ��n�; 1��unic`i��l j�z��e i�7 th�:, ��u��i�,ip��lity, the �,�r�v�rtair��; l.�c�c�y c�f �the r��nici�a]ity s1�4��t11 app<�ii�t c�r�c c�l'tl�� juc��c;s a5 thu ��rre�;icling:jud�;e; r��c�. WI fla,[�t:;AS, C"l��pt�rs 2�) �xilcl 30 of�tl�€� `I`e;xas Cic�ve;rnnlcr�:t C'c�ci�;l�ec�uires thlt th� C�c7uncil s�aa11 cwta�l7�lish �t�wc� (2) yc��r T��r�� c�i� C)t't��cc�, ��nc� p�•<avic�es tl�at a Mur��i�i��l J��,�d�� wllo is i�c�t appoi��le c1 k�y the �)1 `` day f�7llc>wii�rg tl��; �:xpi��atic>n c�l` lhc t�:,rtn o[� c� l:fi�;e shall, �ibsei�t ��ctial� l�y thc; appc�intir�� c�uthc�rity, cc�zltinuc ko s�rvc; fc>r r�nothcr� turirt c�f c,fficc �ic�;iazr7irrg c�n thc �at� c7f' th�; ��,�r�vic�t�s te.��rt� <�>t"�>t`i��c;� ex�iz•�d; �t��1c1 WfI�;i2];r��, Section 14)-3Ei of tl�e Cc>c��; ol' C)rdin�ncc�s f:c>r tli� C�ity uf I�7entcan �aravicl�s t1��t thc� 1'residir7� .luc��,e s17G�11 bL ��ppcyinteci in even-t�uml�erec� years �z�d the Assistar�t Mtuzicipal C:'c��art J�rdg�;s shall hc ��c�inte:ci iri c�c�ci-rn�mherec� }r�a�•s; NC)W, �I"I-3I3I�[?l�()IZL;, "1"1��" C"4_)l_J�J4'1�L (7I� `7'111�, C:I"I`Y (7T�� I7k:;N7�(7N Hl;f�r;' � 13`a' RE?St7L;VF,k. : `�I:;C'"('I()N 1. "]"l�at I�(JE31N A. R.t�IvIS�1,�c' is G�}apc7it�:t�;c� �zs the I're;siciiz��; .Cud�e f:or- tl�e Mux�ici��al C`cr�z�•t ��f It�;co�•cl 1<7r• tl�e (."ity oC` I��nt«n, "I�c:xas f"ui� 4� twa (7) year Te�-t��rs c7i` C7fiicc �Se�iz�rtail�� c�n tl�� 4'r, ciay cat M4�rc1�, "�f)1 �, fand cc�ntinuil��; tl�rc�u�h Marclx �, 2Q'?0, or as I�urtl�er �ar•c�vi�e� 1�cr�ii�. �,}i,C"I'[C)N 2. `I�l1e; C"ity c�f� I7e�zt«z� tl�ercic>z�e r�4��c7irats and c��signates R.()�3IT`� A. I��.MS�Y, as I'r�sic3ing N1��nici�al J��c��; anci Ma�istratc tor, a��d u��der t1�e la�n�� c�1'th� ;�ta:tc c�I' "I,c;xas, witl? all tl�u ��c7w��s, t�i�,l�ts ar�d c��ti�;s c7f' said a�.7�7c�intrne;l�t I'c�r twc7 (2) yc4�r 'I'e�-ms c7i' ()1:1ic�:. `,�;��ic� ter��► sl��ll l�c� ��utor�xati<;4�lly r•etlGwLc� [�r�c� �xtc;nc�ec� ar�ci Fi.0I3IN �.. R.AM`�ir'a,Y sl��ll. tac; �•ea}�point�c� fic7r s�,�ccc�ssive two (2) Y�ar t�;rms, u�aless the City ar e;ith�r the; F�C7I3IN A. RAMS�IY �rc>vicic�� writtera I�otice: of inter�t that :�aic{ �r��c7intrnent 4�7�c� conlraet sl�all nc�t be s:AIc�al\�rtar �1�iacr�Mrrz��t�s\�ardinttz�ceti\I �S4ran�sa� ��rp�7ii��tm� ni: - c�rdintxa�ce.da� r�;newec� at le�:�t thirty (3f�) d�ys �rior to tl�c, c�pirati�� af� the ter�n c�f �ppc�intment. �s prc�vided in Sectiota 2t),O()S c�f tl�e 'I"exas Cia��,rnment C'c�d�, t�7e k'r°esiciin�; Munici�aal .ludge shall be �•�a�pcxintec� by the 9]�` dav fcrllowin� t1�e expi�•atic�i� c�f" kh� tc;rz�� of c7ffice shall, alasetxt ac�tican by the C,`xty Counci� fc>r the; City c7i� I�entc�n, 7'e;xas, and sJha11 cc�ntir�ue tc� serve f'c,r anokhcr term <>f c>ffice b�ginni�i� on the �ate of th�:, �r�:viaus teiwn� c�f' «flice �x�ired, SEC�'T"I(7I`�I 3. rvl�he Mayar is hcrein auth�ri�e� tc� e.;�ecutc� c�z� laeh�lf af the City a Contract fc�r Sex•vices, witl� tl�e 1''resi�i�n� Munici�aal Juc��;e an� Ma�;i�trate fc>r, prc�vi�irl�; f�7r the tel��rs caf etaaployna�;a�t and co��}�er�saticr�� far th� I'r�;sic�ix�g M:unicipai Jud�c; ancl Ma�istrate fc�z� as t�e C�ouz�cil deex�s ��rrc��riatc�. ��S�:C�'rl lON 4. Shc7�xlr� ��ny �oa�tic��s or �x�c7visic�ns ��f the C`'ity Cc�de o�• C�ity Charter �'ar the C�ity <�("I�c�ntc>n cc�x�ilict wit.l� st�:�te law, C:`}iap�:�;z• 3C1 ("I"1�� [lnifc�r�n i�unicipal C:.c>urt raf`�Zecrrrc� �ct) shall k�e cc�rntrollin�; autl7c�rity r�,�arc�lin�; the; t�::r�ns caf a�a�c]i��tment, x•e-a�a��c�i��t��nent, qualificatians r�r r�tnc�val of � rnuz�ici�7al c;«�art judge �s ��p�c�ir�ted h�;r�,in. S�E;C � I(:)1�1� S. "�C"��; C)rc�inanc� shal�l bc�cc�n�e �ft`ectiv� �s ��'et�r.ua�r�� 27, 2CJ18, w�ithaut lapse ar inte��ruptir�n ai' office; as pr4>vicled �ay l�w; all judic;ial acts, orde,}rs anc� ciec:recs is�ued ii� his capaci:ty a Presi�in� Juc��;e :�ince: th� ��te c�f t11r; e��ixatic>n ea(� any pric�r terms �re herein 7�atified, anc� sl�a]i nc�t affect tl�e re��aind�r c�f �7�y tes•ra�s c�f c�ffi�,� fi��r the; F'residi��g .Tud�,e as r�ferenc�d. ab<,7vc�. I'�S�I:�I� ANI.� A�'I�F�.C)VF,I� t17is tl�►� ._.__---- ��y c�f---- � 2018, �.�.,I I_;`�i": JI;NS�III�F�2 WAI I'F;R;�, C�1"I,Y �iEC"12I�,7"A�Y � API'R(�VF�I.� �.S 'i'i� LFCxAI:,1�C>EZ.I�I: ��I�C7N LEAI,, C"I'I"Y �.T'I"C7I�.NES` �� , ��, � �� 3�. �.,�.�� . ��'`�� .,.��. �� w��"�� f'a�e 2 C"� IRI� W�T'I'S, MAY(:)IZ STA'I'F ()E' "�'E;XAS COL)NTY l7F I7ENTCIN � E1VII'L()YMENT AGR:E+'.EMI{.NT rI'his Fm�lc�ymer7t �1�;rc;e�nct�t ("�l�rec7nent"), is mG�c�e azlc� er�tered intcr c,f'f`�ctive the 4tlz c��y c�f` M��a�c}�, 201 � by ar�cl �etw�c�n thc C;ity c�f I7ez7tc7a1, 'I'exas, a T'ex��s mL�t�icipal cot•�r�r��tican, lzerc�irial`ter callec� "�;n��alc�yer,"" ar7d I2a��iz� �. Razr�say, 1�rcrein��l:ter calleci "I'r�siding :��.zc�ge," lac7th caf w}�cr�n a�r�e �s fcallows. Wl-I�;R:E:�`�, E�;zx�play�:r de.sir�,s tca r�-��c�int at�c� ccxntinue th� c;m�lc�yment of the se��vices c�f`:�aic� I�cibi7� A. R.ar��rsay as I'r�sidir��; Juc��€, c>f tl�c C�ity c�fl7e�xtc7n Mur�icipal C'c�urt; 4�ncl WN:GREA�a, it is tl��, desir� caf' F..,rt�ployc�r tc� (1) set�ure st:ncl retaiti the services c�f I'residit�� Juc��e: and to pravide i��ciucen�ent fc�r him ta 1•�maiz� iiz suc;h c5nzplayment, (2) to ��c7ake possil�le full wc7rk: prc�c�:G�ctivity by assurin� I'resiclin� :iuc��;e"s n�ror�le anei }`�e,ace of tt�inc� with t•espect tc� future security, anci (3) to act as a c�ete�•re��t a��inst m��l:feas�nce c>r dishanesty for �aersozxai �ain on the part ofthc I'residirxg :iud�e; �nd WHER�AS, P'r�sidin� Jud�;�e d�;sir�s ta acc�pt contin�ued em�lc�yt�ic;nt a� Pre,sic�iY��; J�udg�; of saici Gity r�f I:lentan, Texas Munici�al C;c�urt; anc� WHE;C�EAS, t11e �az�ties ackn<>wleci�� tl�at �'resi�in� Juc��;e is � member crt tl�e State I3ar c�f 'I'e�cas (°`Sta�te �3ar"�) a��c� �that Presidin� Ju�c��e is sut�j�;ct tc� th� Cod� of prc�fessional Responsibility of ih� �'t�te Ba�• anc� sh�tll cc�mply with all cc7nditions ar�d restrictic�t�s as s�t fortl� f`o�• rri��aici��1 j�idges u��c�ex- all a��plic�ble state st�tutes and as r�quir�;cl under th�; 'I'�;xas C'c�de c,f ;fudicial Canduct; NOW, T�I�,REFUR.E, in ca�isicler�;�tio�� of tlz� niut��al cc�venat7ts l�erein cont�ined, the parties ��ree as ti�llows: S�,C"I'1((:iN 1. L7UT'IF�. �mplr�yer here�y enga��s tlae en�ployz��ellt se��vice� of Robii� A. Rarr�s�y �s Pi•esi�ing J��dge r�f saicl Emplc�yer ta pe.rfonn th� f'iinctians ancl dutic;s sp�cified �iy tl�� Cc�de of :iudici�l Ccanduct, th� 1Jc�itan C`ity Charter, the C`ity Cc�de, Ch�pter 3U c,f' the Te�as C�ov�tt�n�etzt C'acle, tl�r� laws c��' tlle �tate c�f Texas, and a11 at�7er a�plicable laws, and to �aerf`orn� c�ther le�ally �7�rrxzissiblu and �rra��er duties and i:unctic�ns as Emplc7y��• sha11 from titn�, tc� time a,:�;si�n. Sucl1 ciLGties include caurt sessic�ns, wc�r1€day �r•rai�;z�mc,nts, in-hcause tr�tinin�;, office ha�zrs, and a�t��r s��vic�s c�f` the Mu�7�icipal Co�r�rt Jtird�� (c�r S�t.at�ltc7ry Magistrate) fc�r the City c�f�I7e�ltc�n, `��;�`"I"I(7N 2. 'T'�;FLM. A. f'resic�in� :Cuc��c sha11 �e �•e-��pp�>i«teci fcar � tea•t�� of` twc� years ec�nanlenci��g c�n M��rcl� 4, 2()l� and ei�cii►�� an M�;�rc17 �, �02(�. �`�Ic�t�liri�; in this A�ree;n�e;xlt sl�all prev�nt, lilnit or c�th�rwi�e: intc�r(�rc witla t:l�e ri�ht ofi F?mplay�er ta t�rrt7�it7ate tE�� :�ervic�;s of 1'r�;siciin� JG�c��e at any tin�€;, subj�:ct only tc> the ��rc�visic�ns s�t fc�rth in �ectian 4, p��ra�,r�aphs A ��nci L3 c�t`this ,��;re�;rt�etat. £�. Nc�tl�i��; in this A�rc�etnent �1��1 pr�:ve,nt, lit�7it c7r othet•�uise anterf�;re with thc right c7f th�. I'r�;sic�lin�; .iucig�, tc� rc�ig�� at �z7ay tin��; fi�c�t�r7 his �c�sitic�n with tl�e Emplc�yer, subjcct anly to the, provi:�ic�z� sc,t fortl� in Sectic>n �L, parc�gr�,ph C, at this A�reemen:t. C. Pr�sidi�i� Jud�;e s��all cc7ntinuc� in the d�zti�;s c�f Presidin� Judg�; c�n March 4, 201 � anci a�;r�es tc� ret7a�ix� it� the. etn�lc7y c�f �;mploye;r until March `�, 2020, and except as �rovidcd lYere:ir�, n�;ither tc� �cce��t c�ther en�ployxnei�t r�or to bccc�me et��plc7yed by azzy other cznpl�ycz� untii tl�is A�reer��ent is tez�n�i��ated by either pzrty a:� �rovided herein. T'he tertn "em�.71c>yec�" or "�ccept other emplcayn7ent" sha11 not be cc�nstruec� tc� it�c��de thos� c7utsicie ac�tivities appruved iz� �e,cc�rd�nc� with Sectian 8 her�cr f. SI?CTION 3. SLiS�'ENSION/I��:;MOV�1L. S�zbject tcr tl�e provisic�xxs ai Sectic�n 4 helc�w, Employer nzay sLGspen� or r�mc�ve th� Presic�ing Ju��e with or withcru:t t��ll p��y anc� �en�;�ts at any time during the term c�f this A�;ree;m�nt,l�ut cr7�ly if: �. Employer and Pr�.sidi��g J��d�;� agr�;e; or �3. �t 1�:ast 30 days befcare the� suspensiran c�r rem�val sh�ll b�come effective, tl��; C"ity Council shall by a m�jority vc�te of its �netnbers adopt a prelimii�ax•y re,sc�lutiaz�. statin� t�xe reasa�zs t«r his r�nac�v�l. "I"l�e reasc�ns for renxoval shall be in accc>rda�xce with S�;ctac�n 30.C)QO()�S of' the "I'ex�s CJover�ir-r�ent C�de, s�s atx�encleci (the "R.e�,�ans for Ret��c�val"), P�•esiding Jt�dge may reply in writin�; anci may require a heari��, at a pubiic meeti��g of the CoLrt�cil, which shall be hel� nat earlier than 20 c�ay� nc>r 1at�r than 30 d�ys a{ter th� filin� crf such request. The he�riYa� naay b� I�elci it� executive sessic�n, at t1�e optic�t� c�1` the Co�;rncil, �rnless I'resiciing Jud�e rec�u�sts th� k�earin� �,� I7�.Id i�� open session in accardance with Tex, Cic�v't Cadc� �551.()74. I'endin� sueh hearing, the C;oL�ncil may suspel�d. F'residing Jud�,e f`rcrn� c��ity, b�xt may ncat �uspend or r�duce his salary. �her suc1� hcaz�ing c�r public h�arin�;, if� t�ne be requested, �ncl att�,c• f`u1� cansideraticm, the Crat�ncil �y naajarity uc�te t�ay �Y�apt a fit��l resoluticrn of�rex��c�val ar suspensian. SI;C"I'I(7N 4. INVC)LL1�17��tF�Y S�;}'�F�t?r."I"ION. t�,. t,l�c7�x I�x�vcrl��x�ta��•y ��}�a�rati<>�r► c�ccurri�x�; c1u��r�i��x�� az�y �t��rn� c�t th�; A�r�;e�rtei�i, I'x•esic�i�� Juci�e s��tll �e ez�titleci to six (C�) l�ac�r�t1�►':; b��se s��l��l•y a��c� c�rt�ly thos�. � la�t��:,f:zt� �r�ici c�th�r C'ity c�f':[7ez�tc�� xoia- civil �ervice e�r��l<;>��°�s; u�~�c�r7 terr7�it��tic�n pl�rs�z4�t�:k tc� �c�licy in �;t'[`Lci ��t the ti�ale c�E' s�paratic�t�. �rtti.c( Six (f�) n�cx��tf�'s l�r��sc s�l�ry ��vt7�c;r1t �,��li k�� t}�i; sc.�l�° rcn��ws� �f' E'r•��icii��, J�:�c��,c� �z�cl 4�ccept�nce sl�z�ll cc�t7:�;titut� 4a ��4li��er �:>f �;�i�tiz��, clairns 1'r�;siciin�, J�zcl�� ►ns�y 17��vc; ��lzicl� mE�y a.�•ise ��y virtL�e c�f`c;rt7}�Ioyn��:,nt with c.�r resi��tatic�n c�r re�nc�v4tl f'r•c�rt�r the City, ir��;luc�it��, �vithc��t limit��ti�.>n, �zr�y cl��irns a��r��st tl�e C.'ii;s, it�; caf�i��:��;� ��c� �r�x}�lc7�r�;e;�, age;r�ts, 4t:ffzlt�t�:s {znci �,Lrl��;i�li��t�i�;�; includi7��;., l7ut z:�ot lirnit�,d to, l�r•�;��c11 c�t` cc��tz�act» tc�rt, 1{'ir�st artci }�`c7��t-tecntlx ,�rt��taclment t�� tl�� 11.�. C'unstit��tic�n, 4"' 11.�; C:; Sectic�n 1�� , ��7d r��7�� ci ��11 c7tl��r claims �vl�i�17 �t�i�lrt z�.c�i�;� u��d�;t• laca�, :�C��l�, c�r� 1�ci�r�i1 fr�ir e,m��l4>yr��c;t7t practice;�; c�r �:tn��lc��'r��e�1t �ic:nefi:t l�ws, w«rk��•s' c��:�4atic7t:a l�xti�r, ri�;k�tts a��cl cic�in�s [�t�a:�ir�� u:��c�ct- t}7� A�;� Iaiscritni�zatic�n irr (:t��plc>��z��r�,r�t �ct, ".I"��as Payday� c`� Wl�i:�tlehlc�w�:r I.,�ws, "C"it1� VII c>f t17� ('iu�il I�igl�ts .�`"�c:t, the A�71�ric��ns witlx U:isak�iliti�,s 1lct, a��c� tl�e 'I"exa� C:"c»x�t�7is;;ic�� c�tt I I�xdn��cx Ri�lits Act. E3. �;lotwitl�standir��; S�ctic>n 4.A. c7r �.ny c�th�,r �ravisinn afitl7is .��r��rrret7t, t1�e F'mplc�y�;e s(�t�ll nut k�e <.�k7ii��t�<i t�a ��ty at�c1 �y��sicfin� Jc�cl��; shall not �i� c�n:tiilc:.� tc> t•�ceive t�r�y, s�14tr}� ��ay��ret�►t as ciescr•il�eci ir� Sectic>r7 4�4 if' Presiciing Ju��':; se�r�tr•�iti��n fram �:�rnp1�7y�►n�e�7t is r��e t�ca �'r�si�ii��; 1GGd�c;'�; �<�r��nc�itt�ii�� a�� act ir�vc�lving: (1) rY�c�r�� turpittr�e; (2) an ille�;al �.c;t(s) resultirz� u� �c�rsc7n�1 �ai�� tc� tl�e; �tnplc7yec�; c�r (3) carxvicti�ai� ��f a f�lc7ny c�rr C'�'l��ss !� ��ni�d�.mea��c�r. C�'. In tlae event Presiciing Jud�e val��ntarfly resi�;ns l�is position with Emplayer b�ficare expiratic�n of tl�e aforesaici term of� his �;mplc>yment, th�rz Presidin� Jud�e shall �;ive I;mployer 30 d�ys t�atice in acivance, unless the �arties otherwise� ��;rec�. S�;C'rCIC)�IS. SAL,AT�.Y. A Em�loyer a�r�es to pay �'residing Juc��;e f«r his servic�s rendered pu�•suant hereto an a�inual base salary c�f' $12�,0()CJ.00I, �rayabl� in installzn�:nts at th� same; time as otl�e,r emplc�y�;es of tlxe ��;r�r��loyer are �aid. All prc>visic�ns of the City Chart�r, City C'ade, ar�d I2:u.les ancl I��gulatians af the City adopt�.c� by the City CaunGil relati��g ta vacatian anc-i sick l�ave;, t�r�tire.met�t and pensic�� systen�t contributian, lxalidays, anc� c�ther frin�e k�enefits anc� workitz� cc�nciitions as they now exist ar hereaf't�r n�ay b� arnet�c�ed, sh�1l a�ply tc� Pr�sidin�; Tudge as tl�ey wauld to oth�r emplayees of tl�e City, wl�ich benefi:t:; inc:l��de; health i�asura�7ce, lc�ng-tErm disability instrrance, retirei7�ent ��ncier the "I"�,x�s IVlunicipal Retir-ement �ystern, ��azd c�ther �enefits as prc�vicled tc� c�ther Council appaint��,s c7f'tl��; City. F3. In additian, �m��oye,r a�;r�es to increase s�iid ba:�e salary anc�/or c�th�r �enetits af I'r•esiclin� ;i��d�e in such z��x�ounts a»ci ta such ext�;nr as thc: C<>��tacil �nay determine within th� appraved taudget tlaat it is desirabl� to do so c7n ti��; basis af an annual per�c�1•mat�ce �•eview af' sa:ic� Pr�siclin� Jud�e madc� at tl��; s��e time �xs similar cc>nsideratic�� is �rve�� athe,r C'a�.��aci1 appc�intees. C'. Tl�e Presidii�� Jlxd,�e, as c�n� of sevei�al a�painted r��agistr�t�s tor the C'ity c�F I.7ex�tc�n, may be �•equirec� to serve �s an assi�ned ".Iail Ma}�istrate" ta �,�rfortx� ma�isterial c1:c�ti�.s r�;latc,ci ta p�rsans arr�sted by, a��ci in t1�e; custc>dy of the Dentat� P<>lic�, De�aartnxent. In aciditic7n tc> th�; anntGal base: salary rt�f'�:rcncecl her�ein, thc; :� F'x��sic�in�; ,1uc��;e shall �ie paid �165 f"ur eac11 day ��f' s�rvr'ce; as desi�nated or assi�;rtec� "Jail Ma�istrate" w1�e» such sc�rvic�:� az•e rey��ired c�� a Sat��rd��y, Su7xc��ly <7r hr��ic��y �zs d�:sigr��te� by th�; C',ity. SE;C`I"IC)I`�1€�. �'f��Z�{C)RM�:NC"1; k:;V�1I:�t:Jt�F['I()N. �. 'rhr; C'c�i,��cil s}aatY revi�w and �valutzie thc; p�;rfc��•��nc� oF t17e; I'resfcli�x�; :Cuc��;i� �zt 1e�tst c�nce at�n:ually ci��rin� thc timc sct 4��icir: eactx ye4tr fi�7�- the �rLrfiarrnaz�ce revi�,w c7f c7tt��- C"auncil a}��ac.�it�:te�;s. Said r�vic�w cti7.r� ev�lnatic7n sl��ll be in accc�rd�x��ce with �peci�f��c �X�it��ri� cievel�a�ec� jc�i�ntly lay 1'resic��ir�� J��clge �r�c� 1�:?n��lc>y�;��, S4�ici critcria may lae ac�decl ta t�t- c�cict�cl f'�•ci�x� as tl��; C'au11ci1 anci Presic�li�l�; J�adge �;h�xll �gre�;. �3. Annu��lly, th�; C.'ouncil and F'r��ic�in� J��d�,�; sl��ll ciefin� s�zch �oa1s ai�d perfc�x�m��ce c�bjectivcs wl�ich they detern�ine necess��ry f��r th� praper c�per��tio�� a1' t1�e City of De��tc�n Mca�2icip��1 C�c�urt, and in the attaic�ment of the C'ou��cil's pvl'rcy a��jectives ��c� s11a11 t`ur•t}��;r �;st�blish a r�lative priority �mon� t1lc�se varic�us gc�als and objectivc�s. C;. In eEfectin�; t��e prc�visic�n af this �;ectiot�, th�; C"o�zncil �nd th� 1'residing Judge n7utually agre� to abide by the provisi�ns �f ap�,licabl� I�w. SE�"T'Ii7I'J 7. �-IC)URS C7�j W(7RK. It is r�ca�nized �ry bath Eznpicrye�• anc� I're;sidin� Juc��;e tlzat the ciutie;s c�f I'residin� Jud�e rec�uire a great deal of` time outside of' nc�rn7al aftice 1�r�L��•s. It is also recc7�nized by tl�e ��trti�� t1�at Fr�sicii��g; J�.id�e i� �•equired tc� d�vc�tc th� �a��zc>�,�nt c�f ti��ie and ener�;Y necessat•y to carry out those c�uties witlz i1�e higixest an�ount c�f` �rofcssic�nalism passi�le. 'I'1�at beii7�; tl�e case, the parti�.s reccagt�ize tliat Presiding :iud�e m�y chcaose to t�xke personal tin�e offdc�rit��; busiz7�;ss Ixc�uz�s when it is a�rprc�px�iat� and when l�is cluties allow. Althcru�;h this pet�sc��al time offi is ��ot cansider�;c� vacatiat�, x7either is it to be cansiderecl �ts compensatc�ry tizr�e for time spent l�y Presidin�; Jud�;�; in car•ryin� o��t his cluties outside c,f ��ormal af'fice hours, as the parties a�ree that the Presidin� ;iucige n�ust �e.vate the arrzount af tinae n�c�ssary to f�iltill those c�uties. �I'he; C�our�cil wrll cc�nsicler, i►i correlatio�i with �ny ap�licable I'ec�er�l �nc� state 1aw, the I?resic�in�; J��c�ge"s ��s� of' pers�nal time caff d�.�rin�, the �erfcrrm�nce evaluatic7n. SI:;CT'1fJN 8. OLJ"C'SII7E ACTIVI'T'IES. I'r�sidi�x�; Jud�� is entitl�;d to devot� w1l�tev�;r amount r,t time h�; f:eels is apprapriat�: u��ci�r the circumsta��ces tc� tlae pX�rs��it c�� tc�c;h.ix7�;, cc��.�nselit��, cc�r�sulti��g, w�•iting, private practrc� crf Iaw, .)ud�in� far c�ther mr.�nicip�l courts, c�r rrther non-emplc�yer coilnected business crutsir�� 1` noz�rnal l�usines�; hoL�z�s c�f the �;m�ilc�yer, prc�vicic�ci that this dc�es nc�t co��flict c�r int�rf�,re with his duties of tl�c c�ffic� of 1?residing .lud�e as t•equired by C;l��pter 3� of th� Tc.xas �rcaver��i��ent C;cac��,, a��cl �rc�videc� tl��t Presiding Ji�d�,e 1-irst n��ti�ies th� C"c�u��cil �ppc�ii�t�e I'e�rfc�rtnancc� Revi�w Ca�7tmit�tee that h� int�nc�s to ��t7��;e; it� sueh �ctivity, includin� tlz�; s�rnc�ut�t of tirne he intends tc� r�evote tc� t1�is activity and his en�;a�;ement in thc activity is ap�rc�ved l�y the Chair of'thc (�`onxmitte;e. 4 �f?,C:'"T"IC)N 9. �LT'1�()M(�)�3II.1:?. I"lx� �'t•�.sidin�; Tuci�;� is rec�Lrirc�d tca be c�n call f�7r 2� l�c�ut° set•vic�, K;c7 tl�erefore, must h��vc; access to �z vehicle fc�r C'ity bu4ine5�. C:?zn}�Ioyer s1�a11 �,r��nt tc� tlle Pre�ic�in� :f�ic��;� Gi car allc7w��nce c�f' �338 ��e;r mc>nth 1'ar• providin� sc�cl� vehicle;. "1'hc I're:�ic�itl�; Jud�,c st�a11 �r�: respc>n:�i�ile f�>r tihe ��irch�l��, m�it�t�,n�Ynuc�, i�xsura�xce;, t4�xc;s, �;tc. f�>r said v�:hicle. �I�he n�o��tl�ly �tllowanc� will �,e, ce7n5ici�:reci fc7z• incre�� cl��•'rn� tli�; pGr•fcrrn�ance �;valuatin7�. p�•c7cess. ihe E:;�x�plc7yer a�sc> agr�;es ta ��eitx�buz�s� E'resiclin� .T�xc��; fc�r cTxileage fc>r- c�ut-c>f= cc�unty tr�v�-;l ��ssc�ciat�;c:i with C'ity ��sit�ess at tl�e curr�;�1t IR� rat�: for n�il�a�;e ��eirnl��a�•seY�aunt iti �ccc7�•ci��rxce with t1�e: thcr� currer�t C;"ity P[`��el IZGi��xb�Xrs��ne�it Pcalic;yr {�>r C;ity �m�aloye:e� �vith car ��llc�ws�nc�:s, :�F:C;`T'IC)N l (). L2E'TIRE�M�;N"f`. A. F;mplayer a�rees ta exec��t� all necessax•y a�;��ce�n�nts prc�videc� by the International Cryity/C'c��nty 1Vlana�;�xt��nt Assc�ctatic�n — F2.�;tirement Cryorpc�ratic�� (I�CMA-RC�') ic�r Pr�sic�ix��; .i�,��,e's pw�rticipatic�n ir� said IC'MA-I�C r�tiremei�i plans. F.,t��player f:urther agrees tc� contribute 6% %rf' E'resiciin� ludge's ann�.xal bas� salary �ta I�C'MA-RC's 4�7 pla�a. All s�in�s coz��tri�b�.zted t� sa�id �pla�ns s17a11 �e in ac�c�iticrn tu Presidin�; :fuc�ge;'s b�se; saCary. Ern�lc>y�� tlso a�t�ees to allc>w F'residin�; ;lu�� tcr c<7ntribute what�ver portian af� his base sal�iy he may �eenr ��}�propriate to said p]aaa, inclt�dii�� "catch-up" prc�visians. F3. I;mplc�yer agrees tc� �ay th� percenta�;e of' the, ccast c�f P1°esidirz� Jud�;e's participatior� i�� th� 'I'M�� re,tir�;ment pro�ratn, ii� acc«rc�anc�e with Emplcayer's curr�nt policy for other executive-level em�loyees, C". If the I'residiia� ,i�zdge; retirc:s pursuant to �� qualiF'ied �°etirerz-rent plan, or is per�nanently dis�tl�lc�d durin�; th� t�;rm c�f tlzis A�;rc�ctne;t�t, t11�; I'residin�; JLz�� sha11 bc� compensated Fa�• sick le�ve, vacatic�n leave, hc�liciavs, ancl ather bet�efits th�n 4�ccr�zecl ar cr��;dit�d tc� the I'resic�ing J�rdge in accarclance with Enaployer°s current pc�licir�s fcsr compensatic�n fc�r tl��sr� b�:ne;fits, and, at the F'resiciing :1ud�e's crptic�n, shall be pern�itteci to cc7ntinue tc� participat� i�7 the C'ity's health il�surance plan c7n the same basis as c�ther retirees from the C'ity are pertnitted to c�lc� so, or, if such c�ther retirees are nat ��;r�»ittc;d to dc� so, at the cost e�f�the Presi�in� Jud,�e. SEC"I"IC)�1 11. DUF'S, MEMF3�:?RS�-iIPS ANI� St.JE3�CI�.T�'fI,IfJNS. F;mpl��yer a�;rees tc� �uc��;et and tc� p��y for t11c professic�nal c��es, nlem�ersl�ips, and sGrbscriptioras c,f Pre�iding Jrr��;c� n�cessary f;ot• l�is cc��tinr:�atic�n c�f fi,all participatian ix� n�tic,nal, regic�nal, stat� �nd lac�l associatians c�nd o�°�;��niL�ztic��s rrecessary axad clesir�ble i��<7r his cc�n�t�i�n�u�r� prc�f�ssi�7��a1 pG��riic,ip�ti�>n, �;rowtl7 a:nc� �dvancerY7cnt as Presidii�� J��;�dge, anc� fi�i• th� �c�ad crf the Employer in cu�xounts th�t are apprav�� by th�; City Cc�uncil ir� the �znn:ual bu��t fc�r the City's Munici��a1 C,c�urt Jl�c��e —��rninist�-�ltion. SE�C�"f�(7N l2. P�()f�I;SSI()N�4I_, T)FVEL(71'MEN'I'. � F�nplc�y�.r h�.r�k�y a�rees tc> k�uci�et fc>rt• ��7ci t<> p�.�y tl�� fi�ll t�-av�,l, }��xticip[Xtion, ��z�cl �ubsist�nc�; �x��e�zs�;s aE F'resi�in�; :f��ti�;e f'ar �.�raaic�ssic�n��l ��nd �.7fiicaal tr��ve;l, zneetin�s 4�nd c�cc;asic�ns aciec�u��t� to caxxtiri�le th�. E7rc�fessic�nal develc��,mc;rrt c�� I'��c�sic�ing .ludge, G�x�d tc> ac�ecduately ptxrsLGe n�.ces�ary c�flic;i4�l �z�c� c�the;r f�tt�ctic�t�s fc�r I�mplc�y�r, il�clt�dit�� s�ac}� natic�nal, re�ic�nal, st�te clnc� lc�c�.�l ,��c�up� aild cc>z�t�n�ittecs tl7erec>P w�hich C'resic3it�g riud�;c se7�ves as {� tn�mber in th� atr�au��t� a�rpravec� by the; C'ity (:r�ut�cil iz7 t1�e a�lnual bL�ci��;t fc�r t�lc� C:ity�'s Mut7icip��1 C,�c��.�rt Judge - hc��ai��istr��tion. �E;C�C"IC)�I 13. F3(�NI�INC�. I;�n�1«yer sh��ll b�4�r t�h�� l`u1� ccrst c�f r��ny �cielity c7�r• oth�r �ie�nc�s th4�t n�ay be rec�uirc�� 7f the .I'resiclin�; Tuci�e unci�.r G�t�y 1aw c�r or�in��nc�. SFCTTC)N 14. ()"I'HF,F� �["f�"R�!IS ANI7 CfJI`�I7ITIC)NS C>I^ �;MF'LOYNIF_,NT. A. "I"he City C�c�uncil, upc7�� recomxner�d�tioii c��'tlz� C'c�ul�c:i1 �ppointe,�, �'�.r�fc�rtxxanc� Review C;'o77�tnittee anc� in cc�nsultatioa� with t1�e Pr°esidin� Juc��e, shall fix �ny s�xcl� other t�,rms anc� c��7ditions oi' emplaynxent as it may deternaine frc�n�t tin�e to tim�, rclatin� tc� the perfr�rmar�ce o�` Presidin�; Jud�e, pravicieci sucli ter�ns and. conditians are nc�t inconsiste��t witl� ar i.n conflict witl� the provisions of` this Agreex�x�r�t, t11e C'ity C�hartery Chapter 30 c�f the Texas Gc7vernment Cc�c�e, ar �i��y c�thc:r law, a�xd are me;mc�ri�liz�d by �� writte�� atn�,ndment tc� this A�reement. �3. �ll �ravisians af the City Gha:rter and Cc�cie, and r�;�ul�tic>ns and rules crf tl�� £;mplayez� relating t�r vac�tic�r7 axxd sick ].eave, retirenae��t anc� pension syste�n contri�utac-rns, haliciay, ancl atl�er i'rin�e t�enefits alad wc�rking e;c�nditia�ls as they ncaw �xist c�r her�af��,r m�ry b�; c�mcncl�d, also shall a�ply to Presidin� Jud�;e as they waulci te� c�ther en�plray�;es c�f' the �,mplc-�yer i�� addi:tic�n tca said benefits ezaun�erat�.ci specifically for the; benefit c�f' �'residing :tud�,e, S�CTIC71'� 1S. C�Fi,NI�;f�AL I'12C7VISIONS. A. '1"l�te text l�erein s17�11 cc�nstitttte the eXltirc� agreem�nt 1��tw�c;n the pax�ties. E�. "I'his �gree��.ni shall be bi��tdin� t�pon and inure to the benefit of the h�;irs at law atici ex�cutc�r� c�f P1-esiding Judg�;. C. If any provision, c�r at7y partic�n, ther�c�f; containec� in this A�r��n�ent is I�elc� uncanstitu:tic�t�a1, invalir�, or urt7e�zf�rce�l�l�:, the remainder of this �1�;re,emel�t, ar partion there:of, :�1�a11 k�e �c�,�r��:ci sev�ral, s1��11 i�ot be ��fecteel and sl7all re.main in �c]rce anci �,ff�ct. L�7. 'I�hc venue oi` any liti�aticrn irtavalving this A�;ree�net�t shall be in � cc�urt c>f. cc�tn��,�tent �juris��ictic�n sit�tin� in T7ez7t��n C"c�urxty, "�I�exas. SI:;C'i�I()1� I6. APPRC)t'FZ.I�I.TI01�1S. � "T'he �;inplc�yer 1a��s apprapri�t�c�, sct �sic�e a��d e1xcLGml�Lre�, anci dcaes 1�erel�y ap}�rc��riat�, set aside, �u7c� �.i�curx�l��;r �v��ilable and ��r�a}a�re��r�it�tec� ti�ncis af� tl�� C�ity ir� an a�nc>unt su:(-ficiet�t tc> tu�aci 4�r�d pay a11 tira�rzci�il c�t�li�atian� c�l`t�7e C"ity pursu�nt ta tl�is A�,r•ecanei�t, i��cludin�;, l�t�t nc�t lii�rlitec� tc� the sev�:r�zr�c�; p�y, sr�l��ry �nc� b�nefits set tr�rtt� ��7id d�sci•ibGcl l�c:t�cin. IN WI'1�N��;S WI-I�;RF:tJF', tlae M��yc�r �xs �-luly ��uthc>iire,ci by tl�e City Cc�ulicil �t�d c,a�. behcilf` <7f� the C;'ity af I:7€;ntcan, has si�neci a��c� c;�c-Wcr��te;d tl�i� ��reen7etlt �z�ei the f'resic�in�, Jud�e l�fis si�;neci �n� e:x�c�uteci this �1gre:emer�t, l7eatk7 in c�uplicz�:te, t1�e ci�.y atar� year fir:;t a�,c�vc written. A"�I""I'ES"I": JE�I�]�1IFER WALTC£�S, C;ITS' SF;C;R�,�I'r�I�Y � AI'PI2C7VL;D AS T() I,ECr�L I�OR.M: AARC7 E�L, CIT`Y ATTCJRNF.,Y �'�"~��. r""t � � � , �i�: 7 C"TTY C)F Ia1:;N"I'C)N� C,'�IE�IS W�."I""I"�, MA'�(�F�. ��I:3[]'�I �": RAMS�Y PF2.L;�II7INCr JLJL7C"rE;, City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-271, Version: 1 Consider adoption of an ordinance of the City of Denton, Texas, appointing Gregory L. Bertrand as Assistant Judge for the City of Denton Municipal Court of Record; appointing Dennis Engler as Assistant Judge for the City of Denton Municipal Court of Record; appointing Alison J. Grant as Assistant Judge for the City of Denton Municipal Court of Record; appointing Brian S. Holman as Assistant Judge for the City of Denton Municipal Court of Record; appointing James Horton as Assistant Judge for the City of Denton Municipal Court of Record; appointing Ann Poston as Assistant Judge for the City of Denton Municipal Court of Record; establishing terms of office for municipal judges in accordance with applicable state statutes; providing for renewal and extension of terms absent specific action by Council; authorizing the Mayor to execute a contract for term of office; ratifying terms of contract; and declaring an effective date. City of Denton Page 1 of 1 Printed on 2/23/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� __ City of Denton �_ — _ city xall `�t� Illllllllllllllll�l�uuuuuul�l�ll 215 E. McKinney Street � Denton Texas � � www.cityofdenton.com DEPARTMENT: DATE: CM / ACM: AGENDA INFORMATION SHEET Denton Municipal Judge's Office February 27, 2018 Robin A. Ramsay, Denton Municipal Judge SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, appointing Gregory L. Bertrand as Assistant Judge for the City of Denton Municipal Court of Record; appointing Dennis Engler as Assistant Judge for the City of Denton Municipal Court of Record; appointing Alison J. Grant as Assistant Judge for the City of Denton Municipal Court of Record; appointing Brian S. Holman as Assistant Judge for the City of Denton Municipal Court of Record; appointing James Horton as Assistant Judge for the City of Denton Municipal Court of Record; appointing Ann Poston as Assistant Judge for the City of Denton Municipal Court of Record; establishing terms of office for municipal judges in accordance with applicable state statutes; providing for renewal and extension of terms absent specific action by Council; authorizing the Mayor to execute a contract for term of office; ratifying terms of contract; and declaring an effective date. BACKGROUND Historically, the City Council has appointed Assistant Judges as provided under the City's Code of Ordinances in conjunction with, or closely following the appointment or re-appointment of the Presiding Judge. However, over the last six years, the date of appointment for the Presiding Judge has been moved, both forward and backward, as necessary to coincide with the "council appointee review process." Due to a number of changes over the last five or six years, the re-appointment dates have slowly drifted to the end of each year of appointment. Pursuant to the Denton Code of Ordinances, Assistant Judges are appointed in odd-numbered years, while the Presiding Judge is appointed in-even numbered years. Section 29.005 of the Texas Government Code provides that "A municipal judge who is not reappointed by the 91st day following the expiration of a term of office shall, absent action by the appointing authority, continue to serve for another term of office beginning on the date the previous term of office expired." Thus, should the Council take no action, those assistant judges previously appointed will be re-appointed by operation of law. However, it is the Presiding Judge's preference that, in place of appointments based on default, the Council establish a process wherein all judicial appointment are by way of affirmative action of the Council on a regularly scheduled basis, every two years. The Denton Municipal Court has experienced several changes over the years, both as to complexity and type of cases heard, as well as new processes for disposition. While the total number of cases filed has remained somewhat constant, the type and complexity of cases heard and hearings held has changed somewhat as new areas of civil enforcement and magisterial authority has expanded under both state law and city ordinance. Prior to the tenure of the current Presiding Judge, the Judge's Office was staffed by a full-time Presiding Judge, one (1) additional appointed permanent "part-time" (twenty-hour) judicial position and an additional twenty (20) hours allocated for assignment to other assistant judges. In essence, prior to 1996, the Judge's Office was staffed and supported by the equivalent of two (2) full time judicial positions scheduled during the court's traditional work week. In February of 1996, upon taking office, the current Presiding Judge chose to forego filling the part-time judicial position, and by subsequent years, the full-time position of Assistant Judge had been effectively eliminated. In place of the forty (40) total hours of time assigned to part-time or assistant judges, the Presiding Judge assumed many of those hours previously performed by his assistants. In order to meet the weekday operations of the Court, the Judge's Office reduced the number of hours assigned to assistant judges to a total of one thousand forty (1040) hours annually. This budgeted amount provided for coverage of any dockets, or other judicial/ magisterial duties during the normal work week that must be performed in the absence or illness of the Presiding Judge. This restructuring eliminated a need for benefit costs, and allowed for a flexibility in budgeting which could be adjusted on a weekly basis according to the needs of the office. While assistant judges could be called upon to perform duties when necessary, Assistant Judges were not guaranteed any minimum number of hours. Through this process, the Judge's Office greatly reduced the total number of hours required for operation of the Court. What had been budgeted for a total annual expenditure of approximately 4,600 hours of judicial hours (including weekend jail magistrations), has been reduced to a total annual expenditure of approximately 3,600 total hours (including weekend jail magistrations.) Importantly, this "hours by assignment only" approach allows for even greater ability to conserve financial resources when necessary. By this process, the Court has, in every budget year since 1996, been able to spend less than budgeted for personnel costs, eliminated additional benefit expenses, and reduced the total number of judicial hours assigned to assistant judges to less than ten (10) hours during the average work week. While this "hours by assignment only" approach greatly reduces the funding necessary to meet the needs of the Court, the assistant judges who have been appointed to serve the Court are somewhat at a disadvantage. As they must maintain a separate professional source of income, and cannot count on their appointment as a sole or dependable source of income, the Court does not expect them to always be available for assignment on short notice. In order to address both the needs of the office and to be fair to the Assistant Judges, the Judge's Office has developed a"pool" of judges from which to draw. By maintaining a pool of qualified judges, should one judge be unavailable on short notice, any one of the other judges might be available in their place. In this way, while the assistant judges are not guaranteed any hours or dockets, and while they receive no direct benefits, the ability to decline assignments allows each judge to serve when available, without imposing unfairly on their individual law practices or schedules. The City of Denton Code of Ordinances and Denton City Charter (Sec. 19-36) provides for the appointment of Assistant Judges in Odd-numbered years, for two (2) year terms of office. As of January, 2018, the Denton Municipal Judge's Office has a total of five (5) licensed attorneys appointed as Assistant Municipal Judges: the Honorable Greg Bertrand, the Honorable Dennis Engler, the Honorable Allison Grant, the Honorable Judge Brian S. Holman, and the Honorable James Horton. Repuest for Re-Appointment of Currentiv Servin� Assistant Jud�es Assistant Municipal Judges are appointed in odd-numbered years while the Presiding Judge is appointed in even-numbered years. By state law, should the Council simply choose to take no action, those individuals previously appointed as assistant judges would be automatically reappointed by default for an additional two year term. The Judge's Office is now asking that Judge Bertrand, Judge Engler, Judge Grant, Judge Holman, and Judge Horton be re-appointed by Council. Their Term of Office (as required by state law and City ordinance) would be retroactively effective as of December of 2017, and extend for a two year term, through December of 2019. While all of the Assistant Judges ha�e agreed to serve when available, all of them ha�e additional opportunities professionally or different personal situations, it seems apparent that the Judge's Office is in need of appointment of additional qualified attorneys to serve as Associate or assistant Judges. So, while the Court will continue to call upon those Judges previously appointed by Council, it has become necessary for the Court to look for additional qualified candidates to add to the "pool" of assistant judges. Repuest for Appointment of New or Additional Assistant Jud�e The Judge's Office has always been proud of the integrity and quality of the work provided by our current group of Assistant Judges. In keeping with these high standards, the Judge's Office would like to recommend one additional qualified attorney judge for consideration by the Counsel for appointment as an Assistant Municipal Judge: Attorney Ann Poston. Ms. Ann Poston is a member of the State Bar of Texas, a long-time resident of the City of Denton, and is well respected in her current position as an Alternate Judge for the City of Grand Prairie. Judge Poston previously served as an Assistant Judge for the Denton Municipal Court four years ago and brought experience and flexibility to the Court and its sometimes momentary scheduling needs. Based upon my prior experience with Judge Poston, she has a good temperament for judicial position, currently serves as an appointed Assistant Judge for the City of Grand Prairie, and has demonstrated patience and tolerance such that she will, once again, represent the City of Denton well. Judge Poston, as well as Judge Engler, Judge Bertrand, Judge Holman, Judge Horton and Judge Grant, all understand that appointment as an Assistant Judge for the City of Denton is made without any guaranteed dockets or hours of service. Each have agreed to serve only assigned. As Judge Engler, Judge Bertrand, Judge Holman, Judge Horton and Judge Grant have all been previously appointed, I have not attached their resumes or vitae, but I can provide them to you upon request. I have attached Ms. Ann Poston's resume for your consideration. While the Council may choose to take no action, or appoint someone else entirely, I have taken the liberty of revising an Ordinance of Appointment or Re-Appointment. This ordinance is substantially the same as in years past. This ordinance is submitted merely as a draft and is of course, more appropriately prepared or revised at the City Attorney's direction. OPTIONS The City Council may appoint any persons they feel are qualified and competent to serve in the capacity as Assistant Municipal Judge's for the City of Denton Municipal Court of Record. The Council could: (1) Choose not to appoint any additional Assistant Judge's at this time; (2) Propose alternative candidates and appoint any other individuals to serve as alternate Municipal Judge, so long as those individuals meet all requirements as set forth in Chapter 30 of the Government Code. (3) Chose to appoint all individuals currently serving as Assistant Municipal Judge as well as one additional nominee, Attorney Ann Poston. RECOMMENDATION It is the recommendation of the Judge's Office that the Council re-appoint all individuals currently serving as Assistant Municipal Judge as well as to appoint Attorney Ann Poston as an Assistant Municipal Court Judge. FISCAL INFORMATION The appointment or re-appointment of assistant municipal judges will have no fiscal or financial im�act, as there are no additional costs or additional positions created. Any compensation will be derived from the currently budgeted amounts. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.1 Enhance public safety in the community EXHIBITS Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance of Appointment Respectfully submitted: Robin A. Ramsay Presiding Municipal Judge Denton Municipal Court of Record No.l s:le�al/our documents/a'dinancesll8/Ordinances ,1�pt�inting nssistanf Judges-2013 ORDINANCE NO. AN ORDINANCE OF Z'HE CITY OF DENTON, TEXAS, APPOINTING GRLGORY L. BERTRAND AS ASSISTANT .TUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING DENNIS ENGLER AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COIJRT OF RECORD: APPOINTING ALISON J. GRANT AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING BRIAN S. HOLMAN AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING ANN POSTON AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; ESTABLISHING TERMS OF OFFICE FOR MUNICIPAL JUDGES IN ACCORDANCE WITH APPLICABLE STATE STATUTES; PROVIDING FOR RENEWAL AND EXTENSION OF TERMS ABSENT SPECIFIC ACTION BY COUNCIL; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR TERM OF OFFICE; RATIFYING TERMS OF CONTRACT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Sections 6.03 of the Charter of the City of Denton and Chapter 19 of the City Code for the City of Denton authorize the City Council to appoint Assistant Municipal Court Judges to preside over the judicial functions of the Municipal Court of Record for the City of Denton in the absence of the Presiding Judge; and WHEREAS, Chapter 30 of the Government Code, the Uniform Municipal Courts of Record Act (specifically Section 30.00006) provides that a governing body shall appoint one or more Judges to preside over a municipal court of record; and WHEREAS, Chapter 30 of the Texas Government Code requires that the Council shall establish two year Terms of Office; and WHEREAS, the Texas Constitution and Chapter 29 of the Local Government Code provide that a municipal court judge who is not reappointed by the 91st day following the expiration of a term of office shall, absent action by the appointing authority, continue to serve for another term of office beginning on the date the previous term of office expired; and WHEREAS, applicable portions of the Denton City Charter and Municipal Code provide tllat the Presiding Judge shall be appointed in even-numbered years and the Assistant Municipal Court Judges shall be appointed in odd-numbered years; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That GREGORY L. BERTRAND is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two (2) year Term of Office beginning on the 1 St day of January, 2017 and continuing through December 31 S`, 2019, or as further provided herein. SECTION II. That DENNIS ENGLER is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two (2) year Terin s:legal/our documents/ordinancesll8/Ordinances Appointing Assistant.iudges-2018 of Office begimling on the 1'` day of January, 2017 and continuing through December 31 S`, 2019, or as further provided herein. SECTION III. That ALISON J. GRANT is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record foi- the City of Denton, Texas for a two (2) year Term of Office beginning on the 1 st day of January, 2017 and continuing through December 31 �r, 2019, or as fiirther provided herein. SECTION IV. That BRIAN S. HOLMAN is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two (2) year Term of Office beginning on the 1 S` day of January, 2017 and continuing through December 31 St, 2019, or as further provided herein. SECTION V. That ANN POSTON is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two (2) year Term of Office beginning on the 1 S` day of January, 2017 and continuing through December 31 S`, 2019, or as further provided herein. SECTION VI. The City of Denton therefore appoints and designates the aforementioned persons as municipal judges and magistrates for and under the laws of the State of Texas, with all the powers, rights and duties of said appointment for two (2) year Terms of Office. As provided by Article XI of the Texas Constitution and Chapter 29 of the Local Government Code, said Terms of Ofiice shall be renewed and extended and said Judge or Judges shall be reappointed for successive terms of two (2) years on the 91 st day following the expiration of a term of ofiice, absent specific action by the Denton City Council to the contrary, and said Judge or Judges shall continue to serve for another term of office beginning on the date the previous term of office expired. SECTION VII. The Mayor is herein authorized to execute on behalf of the City a Contract for Services with the Presiding Judge and each Assistant Judge, providing for the terms of einployment and compensation for each municipal court judge. SECTION VIII. Should any portions or provisions of the City Code or City Charter for the City of Denton conflict with state law, Chapter 30 (The Uniform Municipal Court of Record Act) shall be controlling authority regarding the terms of appointment, re-appointment, qualifications or removal of a municipal court judge as appointed herein. SECTION IX. The Ordinance shall become effective as of the date of appointment above, and shall not affect the remainder of any terms of office for any of Judge referenced above. EXECUTED on the day of , 2018. CHRIS WATTS, MAYOR s:legal/our documents/ordinances/18/Ordinances Appointing Assisfant Judges-2018 ATTEST: JENNIFER WALTERS, CITY SECRETARY C APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY