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Home My WebLink About2018-03-27 Agenda with BackupCity of Denton Meeting Agenda City Council City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton. com Tuesday, March 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, March 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�385 Attachments: B. II) 18�47F� Attachments: C. II) 18�477 Attachments Receive a report and hold discussion regarding signal timing at intersections with red light cameras within the City. Exhibit 1- AIS Exhibit 2- Timinq and Lacatian Infarmatian Exhibit 3 - Presentatian Receive a report, hold a discussion, and give staff direction regarding the reallocation of project bond funds and other funds in conjunction with the City's capital improvement program. Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2- Ga �and Praqram Template tp 030118 Exhibit 3 - �and Issuance Timeline Exhibit 4- Ga Funded Praiects Presentatian Exhibit 5- Vela Saccer Camplex Presentatian Receive a report, hold a discussion, and give staff direction regarding a proposed rate reduction for residential Solid Waste customers. Exhibit 1- Aaenda Infarmatian Sheet Exhibit 2 - Presentatian D. II) 18�481 Receive a report, hold a discussion, and provide direction to staff on the Denton Development Code Update, specifically regarding Administration and Procedures (Module 2). Page 1 Printed on 3/26/2018 City Council Meeting Agenda March 27, 2018 Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2- Memarandum af Administratian and Pracedures (Madule 2) Exhibit 3- Public Draft af Administratian and Pracedures (Madule 2) Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: A. II) 18�439 Consultation with Attorneys - Under Texas Government Code, Section 551.071 Discuss, deliberate, and receive information from staff, the City's attorneys, and retained outside counsel and provide staff, the City's attorneys, and retained outside counsel with direction pertaining to the status, strategy, current discussions with opposition, and possible outcomes of the condemnation case styled City of Denton, Texas v. RTS&M, LLC, et al., Cause No. PR-2014-00492, currently pending in the Probate Court of Denton County, Texas; a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in litigation. B. II) 18�504 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Receive information from staff, and discuss, deliberate and provide direction to staff regarding the future plans for, and current and future operations of, the Gibbons Creek Steam Electric Station owned by the Texas Municipal Power Agency. (The City of Denton is a member of TMPA). ANY F1NAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED 1N A CLOSED MEETING WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD 1N COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH F1NAL ACTION, DECISION, OR VOTE IS TAKEN 1N THE CLOSED MEETING 1N ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN 1NT0 A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE 1N A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, 1N ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Following the completion of the Closed Meeting, 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 page Z Printed on 3/26/2018 City Council Meeting Agenda March 27, 2018 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) 18�4F�2 Attachments: B. II) 18�479 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation authorizing and approving the execution by the City Manager, or his designee, of a contract between the City of Denton, Texas and STHProject, a non-profit corporation ("STH"), providing for authorization of STH to provide lunches to children under the age of eighteen and qualifying disabled participants through age 21 at no charge to said recipients during the summer months at designated City of Denton Park and Recreation facility sites; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (4-0). Exhibit 1 Aqenda Infarmatian Sheet.pdf Exhibit 2 ardinance.pdf Exhibit 3 STHPraiect Summer Faad Praqram Cantract.pdf Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2017-18 Budget and Annual Program of Services of the City of Denton to allow for increases to: (A) the General Fund of $951,800 for the purpose of funding police facility and park improvement projects, (B) the Park Development Trust Fund of $288,000 for the purpose of funding park property enhancements, and (C) the Capital Improvement Program of $8,263,619 for the purpose of funding drainage, police facility, streets and parks capital projects; declaring a municipal purpose; providing a severability clause; providing an open meetings clause; and providing for an effective date. Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2- List af Capital Pralects Exhibit 3 - ardinance 2. ITEMS FOR INDIVIDUAL CONSIDERATION A. II) 18�455 Consider approval of a resolution of the City Council of the City of Denton, Texas supporting action by the Regional Transportation Council related to Local Control in the advancement of the I-635/LBJ East Project, and providing an effective date. Attachments: B. II) 18�478 Exhibit 1 AIS.dacx Exhibit 2 Item 3.16 RTC Acaenda.pdf Exhibit 3 Resalutian.pdf Consider adoption of an ordinance of the City of Denton, Texas a Home-Rule Municipal Corporation, amending Ordinance No. 2017-273 to reduce solid waste residential Page 3 Printed on 3/26/2018 City Council Meeting Agenda March 27, 2018 collection service rates, and remove certain administrative rate setring provisions; and providing for an effective date. Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - ardinance �Ia. 2017-273 Exhibit 3 - ardinance C. II) 18�SOF� Consider adoption of an ordinance authorizing the City Manager, or his designee, to sign a Notice of Extension of the TMPA Power Sales Contract for Seasonal Operation from September l, 2018 to September 30, 2018 pursuant to Section 5.1.3 of the TMPA Amended Joint Operating Agreement. Attachments: Exhibit 1- Aqenda Infarmatian Sheet.pdf Exhibit 2-�Iatice af Extensian af the Pawer Sales Cantract far Seasanal aperat Exhibit 3 - ardinance.pdf Exhibit 4- Amendment �Ia. 2 ta the TMPA Jaint aperatinq Aqreement.pdf Exhibit 5- TMPA Pawer Sales Cantract (amended).pdf Exhibit 6 - Presentatian.pdf 3. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. CERTIFICATE I certify that the above notice of 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 4 Printed on 3/26/2018 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-385, Version: 1 AGENDA CAPTION Receive a report and hold discussion regarding signal timing at intersections with red light cameras within the City. City of Denton Page 1 of 1 Printed on 3/23/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton . city xall ,�� "`�� 215 E. McKinney Street �'� �� r��^� � � Denton, Texas www.cityofdenton.com DEPARTMENT: AGENDA INFORMATION SHEET Capital Proj ects CM/ DCM/ ACM: Mario Canizares DATE: March 27, 2018 SUBJECT Receive a report and hold discussion regarding signal timing at intersections with red light cameras within the City. :�� '1 1 A primary objective of signal timing settings is to move people through an intersection safely and efficiently. Achieving this objective requires a plan that allocates right-of-way to the various users. This plan should accommodate fluctuations in demand over the course of each day, week, and year. There are many signal timing parameters that affect intersection efficiency including the cycle length, movement green time, and clearance intervals. Increasing a traffic movement's green time may reduce its delay and the number of vehicles that stop. However, an increase in one movement's green time generally comes at the expense of increased delay and stops to another movement. Thus, a good signal timing plan is one that allocates time appropriately based on the demand at the intersection and keeps cycle lengths to a minimum. The relationship between signal timing and safety is also addressed with specific timing parameters and the design of the intersection. For instance, the intent of the yellow change interval is to facilitate safe transfer or right-of-way from one movement to another. The safety benefit of this interval is most likely to be realized when its duration is consistent with the needs of drivers approaching the intersection at the onset of the yellow indication. This need relates to the driver's ability to perceive the yellow indication and gauge their ability to stop before the stop line, or to travel through the intersection safely. Their decision to stop, or continue, is influenced by several factors, most notably speed. Appropriately timed yellow change intervals have been shown to reduce intersection crashes. Signal timing plans that reduce the number of stops and minimize delays may also provide some additional safety benefits. Traffic signal terminology and detailed description of the yellow change interval is provided in the Additional Information (Exhibit 2) document which also includes current statistics at the red-light camera locations. As signal timing at an intersection is a cyclic closed loop, changing any single component of the signal timing results in adverse impacts on the overall efficiency and safety of the intersection as well as the corridor its located along. 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: 2.2 Enhance connectivity and seek solutions to improve mobility EXHIBITS 1. Agenda Information Sheet 2. Timing and Location information 3. Presentation Respectfully submitted: Todd Estes, P.E. Director of Capital Projects / City Engineer Prepared by: Pritam Deshmukh Senior Engineer — Traffic Exhibit 2: Additional Information — Signal Timing at Red Light Camera Locations Traffic Signal Timing A traffic signal primarily controls and assigns right-of-way to a particular movement at an intersection. Typically, at an intersection, time is assigned to each approach is a cyclic manner. The amount of time required to go through one cycle where time is provided to each approach consecutively is known as Cycle Length. The amount of time allocated for each approach or movement is known as Phase which comprises of three components, green time, yellow time and red time. The amount of time for which a movement receives a green indication is the Green Time. Similarly, the amount of time for which a movement receives a yellow indication is the Yellow Time and red indication is Red Time. Yellow Change Interval The purpose of the yellow light change interval, required to be the first interval following every circular green or green arrow indication, is to warn approaching traffic of the termination of the related green interval and that a red signal indication will follow. Yellow light timing is totally independent of Red-Light Camera (RLC) use. The federally mandated Manual of Uniform Traffic Control Devices (MUTCD), which is the federal standard for traffic control on roadways, states that yellow change intervals should have a duration of 3 to 6 sec. To determine the appropriate yellow time for the approach, the nationally accepted method is to calculate the time using an equation adopted by the Institute of Traffic Engineers (ITE). The equation includes a reaction time, a deceleration element (dependent on approach speed) and an intersection clearing time. Due to the assumptions used in the equation, applying the equation requires the exercise of engineering judgment. The City engineering staff has utilized the ITE equation to calculate yellow light intervals for all practical speeds and street grades within the City of Denton and has developed a chart of yellow light intervals for use by the City's Traffic Operations when timing traffic signals. In development of the chart, the yellow change interval has been rounded up, to provide conservative, extra time above the ITE recommended minimum for the yellow change interval. 30 MPH 3.5 2.5 6.0 35 MPH 4.0 2.0 6.0 40 MPH 4.0 2.0 6.0 45 MPH 4.5 1.5 6.0 50 MPH 5.0 1.5 6.5 55 MPH 5.5 1.5 7.0 60 MPH 6.0 1.5 7.5 While it is true that longer yellow light intervals reduce accidents, due to "extra time" for vehicles to clear the intersection, that is true only to a point of diminishing returns where drivers seem to disregard traffic signals and continue to travel through the intersection due to the longer yellow light interval and using it as part of the green interval; thus the maximum recommended limit of 6 seconds for the yellow light interval. Additionally, increasing the yellow time will have adverse effects on the rest of the signal timing and the overall operation of the intersection. If extra time is allocated to the yellow interval, that time has to be recuperated from either the green time of the movement or by increasing the Cycle Length. Choosing either option will result in increased delay and congestion at the intersection. Research indicates red-light violations are reduced when there is a decrease in the 85th percentile speed, a decrease in percentage of heavy vehicles or a decrease in traffic volumes. Research does not indicate a direct correlation between red-light violations and extended yellow time interval All Red Interval The City of Denton also provides an "All Red" interval of approximately 1.5 - 3 seconds on its lights to allow clearance of the intersection by vehicles prior to signaling opposing lane traffic to proceed. The City's use of an "All-Red" interval accomplishes the same reduction in accidents as extending the yellow light interval, while also reducing accident conflicts with the cross-street where some drivers tend to use all available yellow light interval timing provided. A vehicle is in violation of a red light only if it enters (goes beyond the stop bar) and proceeds through the intersection without stopping after the light turns red. Red Light Camera Enforcement Red light cameras are intended to provide a safe, effective, and efficient means to enforce red light violations. The program currently consists of thirteen cameras monitoring approaches at eleven intersections across the City of Denton. Red light cameras operate independently from the intersection traffic signal system. The presence of a camera at an intersection approach has no bearing on the calculated signal change intervals. The red light camera receives a one-way feed from the intersection signal that indicates when the monitored approach has a red light. Enforcement of red light violations by camera (or by a sworn officer) are based on whether or not a vehicle has legally entered the intersection before the light is red. Red Light Violations In 2017, there were 33,712 red light violations issued. This is a decrease of 19% from the prior year, and an 8% decrease from 2014, when the program expanded the number of cameras. Over the life of the program, more than 86% of violators only commit one violation. Just over 10% commit two violations, and less than 4% commit three or more violations. Of the violation notices issued since 2006, 32% went to addresses in the City of Denton, 59% went to other address in Texas, and 9% were sent to out of state addresses. �II��I�°�II��Ir'� ��°�IIG�� 4'Sf)C)C) 4f)C)C)C) :�'Sf)C)C) :�f)C)C)C) 2'Sf)C)C) 2f)C)C)C) p ��[�[�[� 13150 p. [�[�[�[� 7041 7886 'Sf)C)C) �� I�� 3055 f) 13669 14196 12308 ( .' „ . 41597 33712 IIII�11� LC)C)G IIIIIII LC)C)A Illlllf LC)C)�, '�' LC)C)9 IIIIIIIIIII LC):9.C) IIIIIII LC):9.:9. IIIIIII LC):9.L IIIIIIII LC):9.i�e IIIIIIII LC):9.4 IIIIIIIIIII LC):9.'S ■ LC):9.G IIIIIIII LC):9. A Notes — Legislative changes in 2007 standardized RLC offenses. Detection equipment was upgraded in 2010 Red Light Crashes The City of Denton submits an annual report on vehicle crashes at red light camera approaches to the Texas Department of Transportation. For the past three years, vehicle crashes at camera monitored intersections have continued to be quite low. Red light right angle crashes, which are the primary crash type that red light enforcement seeks to reduce, have totaled 5 or less at all red light intersections combined over the last 4 years. Rear-end vehicle crashes, which critics often claim are increased due to the presence of red light cameras, have been non-existent at red light camera intersections in the City as far back as 2014. In several cases, rear-end crashes were higher at these intersections before the installation of the camera system. Loo� 288 @ Spencer . 2014 0 . 0 0 . 0 � Ft. Worth @ I35E (n/b) 2014 1 1 2 1 � University @ I35 (n/b) 2014 0 0 1 0 � e / 0 � r�� r';,1 !: ! • t�; • !_ • • • 1� � # ! ! ! !_ � t1 ! ! "� ! ! t�; • • t�; ! #; • •; ! • t�; t� ! � ! ! ! 1= • � ! � ! !: • t�; • ! • • • �, t� �, ! # ! ! � ! #; � _ ! � �, � r�� r °;,1 � ; � �: �; � : � � r�� r';,1 � �� h. � � � � � ��•� �� a,� � �,� .� �rvF � �� +�' � „� 'p�� w, d'�`M, NI� �� ' � �� .�,, � � � . 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McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-476, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the reallocation of project bond funds and other funds in conjunction with the City's capital improvement program. City of Denton Page 1 of 1 Printed on 3/23/2018 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.c ityofdenton. com DEPARTMENT: DCM: DATE: AGENDA INFORMATION SHEET Finance Bryan Langley March 27, 2018 SUBJECT Receive a report, hold a discussion and give staff direction regarding the reallocation of project bond funds and other funds in conjunction with the City's capital improvement program. BACKGROUND The purpose of this item is to review the current status of voter approved General Obligation (GO) funded projects, discuss the reallocation of project funds and provide estimated completion costs for projects. Additionally, staff has included projects from the 2005 bond program that have not yet been completed or are currently in progress. Staff has included these latter projects in this discussion primarily for the purpose of reflecting the reallocation of those project funds to projects included in the 2014 bond program. Staff has provided a detailed spreadsheet (Exhibit 2) which provides a reconciliation of all current GO funded projects including proposed reallocations of project funds as well as recommended funding sources to meet estimated completion costs. Staff will be prepared to discuss this spreadsheet in detail with the City Council. Below is status update on each of the GO funded projects included in Exhibit 2: 2005 Bond Election: 1. FM 1830 Design — The original intent of this project was to pay for the cost of design of this TXDOT roadway. However, the project was put on hold but was then ultimately funded in part by Denton County which did not require the City's participation. The GOs for this project were sold in 2012 with the intent to reallocate them on the Bonnie Brae project. Staff has been unable to identify if this reallocation was approved by the 2005 Bond Oversight Committee. 2. US Hwy 377 Intersection and Signal Improvements at Hobson Lane — The original intent of this project was to pay for the cost of design of this TXDOT roadway which involved the reconstruction of the UPRR Bridge and the realignment of FM 1830. However, the project was put on hold but was then ultimately funded in part by Denton County which did not require the City's participation. The GOs for this project were sold in 2012 with the intent to reallocate them to the Bonnie Brae project. Staff has been unable to identify if this reallocation was approved by the 2005 Bond Oversight Committee. 3. Clear Creek Heritage Center — The original intent of this proj ect was to provide matching funds for grants to improve infrastructure at the center. A$100,000 donation, not reflected in Exhibit 2, in May 2006 was provided that allowed for the construction of the existing facility, parking lot and fencing. A grant in 2013/2014 from Texas Parks and Wildlife (TPW) funded a new trailhead on the Davis property that was donated to the City for outdoor education and a second grant will fund the construction of a Nature Explore Classroom. Staff will continue to leverage remaining bonds with other grant opportunities or proceed with other projects as needed. Exhibit 2 reflects a revised project cost of $805,013 which includes $205,613 associated with the TPW grant. The value of the donated 26 acres Davis property has not been reflected on Exhibit l. 4. IOOF Cemetery Fencing — The original intent for this project was for fencing improvements around the cemetery. In FY 2016- 17, the City Council approved the use of General Fund resources in the amount of $375,000 to complete this project along with GOs from the 2005 bond program. The project is currently underway and anticipated to be completed by June 2018. No reallocation of GO bonds is requested for this project. However, staff is proposing to use of Park Development funds (Fund 916) in the amount of $288,000 in order to "free up" the previously approved General Fund resources which staff is proposing to reallocate to the Vela Soccer Complex project as part of a funding strategy for that proj ect. 5. Wayfinding Signage (formerly, Entry Corridor Improvements) The original intent of this project was for improvements to the City's entry corridors that included US 377 and Dallas Drive (US 77). However, the project was put on hold as a result of costs for right-of-way acquisition. The GOs for this project were sold in 2012 with the intent to reallocate them to the Wayfinding Signage project. On March 1 l, 201 l, the 2005 Bond Oversight Committee approved the reallocation of GOs to the Wayfinding Signage project. The Wayfinding Signage project is a 3 phase project that helps direct residents and visitors to major public destinations in the city. Staff anticipates completion of all 3 phases in December 2018. Two additional phases that included signage along I-35 and signage for future parking developments were discussed with Council on June 6, 2017 but not recommended due to funding and timing. The cost of those two additional phases is approximately $200,000 and has not been included in the Exhibit 2 to this agenda information sheet. 2012 Bond Election: 1. Street Reconstruction — The original intent of this project was for the reconstruction of City streets with an OCI rating of 40 or less. Staff believed that 208 street segments representing approximately 60.81ane miles could be completed within the 6-7 years with bond issued over a 5 year period. To date, 123 segments have been completed representing approximately 35 lane miles. Staff believes that the remaining 85 segments will be completed by the 3rd fiscal quarter of 2020. 2. Public Art — The City issued $400,000 in bonds for public art related to transportation projects. Of this amount, $60,333 was spent to install medallions at the North Texas Boulevard underpass on I-35. The remaining funds are currently being considered for projects related to the Brinker Road and Loop 288 intersections associated with planned improvements of I-35 at these locations. The Public Art Committee is still in the process of determining a specific recommendation for the design, but a final recommendation is planned for the summer of 2018. 2014 Bond Election: 1. Reconstruction of Residential, Collector & Arterial Streets — The original intent of this project was for the reconstruction of City streets with an OCI rating of 40 or less and to supplement the 2012 bond program. Beginning with FY 2014-15, the reconstruction program was intended to ramp up to 6 million per fiscal year and continue through the 6 year issuance period of this bond program. Staff believed that 195 additional street segments representing approximately 59.161ane miles could be completed within the 6 years of the program. To date, 52 segments have been completed representing approximately 19.38 lane miles. Staff believes that the remaining 143 segments will be completed by the 3rd fiscal quarter of 2020. 2. Miscellaneous Traffic Signals — The original intent of this project was for the installation and/or replacement of traffic signal infrastructure at various locations throughout the City. Below is a summary of signals funded, their cost and the status/estimated completion date (ECD): Si nai Cost Status/ECD Locust/Hickory $350,000 Apri12018 Locust/Oak $340,000 Com leted Elm/Hickory $250,000 Apri12018 Elm/Oak $250,000 Apri12018 Bell/Min o $380,000 October 2018 Teasley/Dallas Dr. (Design) $70,000 Apri12018 Bell/McKinne $380,000 June 2019 Bell/Hickory $380,000 August 2019 Locust/McKinne $300,000 October 2019 Elm/McKinney $300,000 December 2019 3. New Transportation Division Facility — This project was previously discussed with the City Council and 2014 Bond Oversight Committee. On January 30, 2018, the 2014 Bond Oversight Committee unanimously approved the utilization of these project funds ($1,500,000) for reconstructing/remodeling of a City facility located at 651 Mayhill which will house the Transportation Division. The original location of a new Transportation Division Facility which was to be located on a property across from the City's Service Center (Ruddell Street). Cost and the delay in the Ruddell Extension project, as well as the availability of another City facility, have necessitated the alternative solution. The revised project cost for this project is $2,178,000. No reallocation of GO bonds is requested to bridge the funding gap for this project. Instead, staff is proposing to use excess Certificates of Obligation (COs) in Solid Waste in the amount of $678,000 to complete this project. The original intention to use General Fund resources and savings in other capital projects will instead be proposed for use to bridge the funding gap in the Vela Soccer Complex project. 4. Rail Quiet Zone (McKinney Street to Prairie Street) — The original intent of this proj ect was to install specific signalization and infrastructure at the UPRR grade crossings located at McKinney Street, Hickory Street, Sycamore Street, and Prairie Street to effectuate a railroad quiet zone. This project is schedule to be completed by July 2019. 5. Rail Quiet Zone (Union Pacific Railroad North) — The original intent of this proj ect was to install specific signalization and infrastructure at the UPRR grade crossings located at Fish Trap Road, Cooper Creek Road, Mockingbird Lane, Nottingham Road, Pertain Street, Willis Street, and Frame Street to effectuate a railroad quiet zone. This project is scheduled to be completed in FY 2018-19 as a result of the anticipated beginning of the Ruddell Extension project, mid-2019. Additionally, the Ruddell Extension project will require the closing of railroad crossings at the Willis Street and Pertain Street which will no longer require signalization and infrastructure improvements. Instead, those improvements will now be done at the new Ruddell Street railroad crossing. 6. Bonne Brae Secondary Arterial from Vintage Blvd. to Windsor (Phases 1 through 6) — Phases 1 through 3 of the Bonnie Brae project consist of the southern portion of the project from Vintage Boulevard to IH-35E (phases 1 and 3), from Bonnie Brae east along Vintage Boulevard to Fort Worth Drive and from Bonnie Brae west along Vintage Boulevard to IH-35W (phase 2). Phases 1 and 3 of the project are funded by Regional Toll Revenue funds out of the SH 121 Subaccount along with a City of Denton match. Phase 2 of the project is funded by Denton County and City of Denton funds. None of the funds from phases 1 through 3 of the project can be spent north of IH- 35E on the northern phases of the Bonnie Brae project. Phase 4 of the Bonnie Brae project extends from IH-35E north to Scripture Street. The original intent of this project was for final design, ROW acquisition and construction in the amount of $9,500,000. This project is scheduled to begin construction in 2020 and completed in 2022. However, the revised project cost is now $13,000,000. Staff is proposing to reallocate GO bonds from other projects to bridge the funding gap as detailed in the "Action Items" section of this document. Additionally, staff will discuss this proposed reallocation in detail when reviewing Exhibit 2 with the City Council. Phase 5 of the Bonnie Brae project extends from Scripture Street to University Drive. This portion of the project was not funded as part of the 2014 Bond Program or by any other source. Staff is proposing to reallocate GO bonds from the Bonnie Brae Phase 6 project in order to fund the design and ROW acquisition of this portion of the project. Staff is currently proposing to fund construction of Phase 5 with a future debt program and/or external funding sources, if available. Phase 6 of the Bonnie Brae project extends from University Drive to Windsor Drive. The original intent of this proj ect was for design, ROW acquisition and construction in the amount of $6,100,000. However, the revised project cost is now $10,900,000. Staff is proposing to reallocate a portion of the GO bonds originally allocated for Phase 6 to Phase 4 in order to complete design, ROW acquisition and construction of that phase. Also, staff is proposing to reallocate a portion of these funds to Phase 5 in order to complete design and ROW acquisition of that phase. The remaining funding for Phase 6 will be used for design and ROW acquisition of Phase 6. Staff is currently proposing to fund construction of Phase 6 with a future debt program and/or external funding sources, if a�ailable. Total remaining GOs to be used on Phase 5 and Phase 6 would be $4,708,803. 7. Miscellaneous Sidewalks — The original intent of this proj ect was for the design and construction of various sidewalk proj ects within the City over the 6 year program period. A total of 8 sidewalk proj ects have been completed to date representing $287,000 and an additional $90,000 in projects is currently under construction. 8. Hickory Creek Road (FM 2181 to Riverpass - West) — The original intent of this project was to expand the roadway to a four-lane divided thoroughfare. Staff is proposing to bid this project from Teasley to Almonte with an Alternate #1 to Montecito and an Alternate No. 2 to Riverpass. Pricing on alternatives will allow staff to determine best use of current project funding. Staff anticipated construction to begin in July 2018. Additionally, 10 foot sidewalks from Chaucer to Montecito were completed in 2017. 9. Morse Street Expansion to Full Collector Capacity (Loop 288 to Mayhill) — The original intent of this project was for design, right-of-way acquisition, and construction in the amount of $2,900,000 to fully convert this roadway to a four-lane divided secondary arterial street. This project is scheduled to begin construction in mid-2019 and completed in mid-2020. However, the revised project cost is now $3,150,000. Staff is proposing to reallocate GO bonds from other projects to bridge the funding gap as detailed in the "Action Items" section of this document. Additionally, staff will discuss this proposed reallocation in detail when reviewing Exhibit 2 with the City Council. 10. Ruddell Extension to Mingo Road — The original intent of this project was for design, right-of-way acquisition, and construction in the amount of $5,780,000 to align this roadway across the UPRR tracks and provide an improved railroad crossing at Mingo. This project is scheduled to begin construction in March 2019 and completed in mid-2020. However, the revised project cost is now $7,081,100. Staff is proposing to reallocate GO bonds from other projects to bridge the funding gap as detailed in the "Action Items" section of this document. Additionally, staff will discuss this proposed reallocation in detail when reviewing Exhibit 2 with the City Council. 11. Wheeler Ridge Connection to FM 2181 at Jordan Lane — The original intent of this project was to provide funds in the amount of $620,000 for an alternative point for access into Wheeler Ridge subdivision for residents and emergency service vehicles from Saddle Drive to Jordan Lane and ultimately to FM 2181. This project is scheduled to begin construction in March 2019 and completed in mid-2020. However, staff would like to discuss potential alternatives to this project with homeowners in the area and the Fire Department before proceeding with the original project. If an alternative solution is identified, staff will update the City Council at a future meeting. 12. Miscellaneous Roadways — The original intent of this proj ect was for design and construction of various roadway improvements within the City over the course of the 6 year program period. To date, the City has issued $600,000 in GO bonds for this purpose and those bonds have been allocated to the Hickory Creek Road project from 2181 to 2499 (East). The cost of this project is estimated at $3,000,000 with additional funding ($2,400,000) coming from TXDOT as part of a Local Project Advance Funding Agreement (LPAFA). Staff anticipates the issuance of $400,000 in GOs in FY 2017-18 and $500,000 in each of the remaining two years of the bond program but no specific projects for these bonds have been identified. Staff will update the City Council at a future meeting if projects are identified for these bonds. 13. Public Art for Street Improvements — The 2014 bond program included $30,000 for public art associated with transportation projects. To date, no bonds have been issued for this purpose. As mentioned earlier, the Public Art Committee is finalizing their recommendations for improvements at two major intersection on I-35, and these funds may needed as part of this project or another transportation corridor identified by the Committee. 14. Fire Station #4 Remodel/Rebuild (Sherman Drive) — On February 23, 2017, the 2014 Bond Oversight Committee approved the reallocation of $1,100,000 in GO bonds from the Fire Station #3 project. The original cost of the Fire Station #3 project was $5,020,000 and the revised cost is $6,120,000. This project is anticipated to be completed in July 2018, but the contractor is ahead of schedule and substantial completion is expected in Apri12018. 15. Fire Station #3 Remodel/Rebuild (McCormick) — On February 23, 2017, the 2014 Bond Oversight Committee approved the reallocation of $1,272,000 from this proj ect to bridge the funding gap for Fire Station #4 and the Fire Burn Tower proj ect. At that time, staff informed the Committee that a proposal would be submitted to the City Council to fund any gap in the Fire Station #3 project with Certificates of Obligation (COs). Based on the latest Engineer's estimate, the revised cost for this project is $9,030,750. Staff anticipates to issue COs totaling $1,682,750 to fully fund this project. Final design for this project is anticipated in April 2018. 16. Fire Burn Tower — On February 23, 2017, the 2014 Bond Oversight Committee approved the reallocation of $172,000 in GO bonds from the Fire Station #3 project. The original cost of this project was funded by Certificates of Obligation in the amount of $2,721,870 but the revised cost was $2,893,870 which required the reallocation of GOs for completion. This project is anticipate to be completed in April 2018. 17. Police Lobby Renovation — The original intent of this project was the remodeling of the Police Department's lobby to better serve walk-in customers and man non-emergency telephone lines as well as enhance security standards. The original cost of the project was $115,000 but was revised to $406,947. The funding gap was bridged with $291,947 in previously issued COs. The project has been completed. 18. Relocation of Communications Center & Criminal Investigations Bureau — The original intent of this project was the remodeling of 6,000 square feet of existing office space and the finish out of 4,500 square feet of unfinished space at the Hickory Street location to accommodate growth in service demands. The design to be completed and sent to Purchasing by March 2018. Construction estimated to start by May 2018. 19. Police Firing Range with Ten Foot Berm Addition — The original intent of this proj ect was for safety and security enhancements, including improvements to the entrance gate, landscaping, security, drainage, parking, berm height, and the construction of a permanent range house. The original cost of the project was $485,000 but this has been revised to $1,105,000. Staff is proposing the use of $620,000 in fund balance from the General Fund to bridge the funding gap for this proj ect. 20. Public Art for Public Safety — The 2014 bond program included $325,000 for public art related to public safety projects. These bonds have been issued, and to date, $269,771 have been spent on the Bell Tower project at the Central Fire Station. Recently, the Public Art Committee directed staff with releasing an RFQ to select an artist to design an artistic concept to be included with the construction of Fire Station #3. The remaining funds from this proposition will be used for this project. 21. Eagle Drive Drainage Improvements Phase 2 The original intent of this project was for the drainage box and channel improvements from east of Elm Street to Eagle drive in the amount of $2,097,000. This project is scheduled to begin construction in September 2018 and completed in September 2019. However, the revised project cost is now $2,275,550. No reallocation of GO bonds is requested to bridge the funding gap for this project. Street maintenance funding in the amount of $178,550 is currently budgeted for this project. 22. PEG4 Drainage Improvements Phase 2— West of Locust to Prairie The original intent of this project was for the design and construction of drainage improvements from west of Locust Street to Prairie Street along the alignment of PEG4. This proj ect is scheduled to begin construction in mid-2018 and completed in 2020. 23. Downtown Drainage Projects — These projects are comprised of the (a) Hickory Street Drainage & Trunk Line System ($600,000), (b) South Bell Drainage System ($806,000), and (3) Oak Street Drainage projects (no GO funding). These projects have been broken up into 2 phases. Phase 1 is the Oak Street Drainage and half of Hickory trunk line from McKinney to Hickory. Construction is planned to begin in September 2018 and be completed by September 2019. Phase 2 is the South Bell Drainage and second half of Hickory trunk line from Hickory to Sycamore. Construction is planned to begin in January 2019 and be completed by September 2019. The total revised project cost for these project is $1,876,749. Staff is proposing a minor reallocation of $61,594 of GO bonds within these projects to balance out the projects. Staff is proposing to bridge the funding gap of $470,749 with unbudgeted capital project funds (drainage channel rehabilitation funds) for storm water drainage projects. The use of these funds will be considered by the Public Utilities Board (PUB) on March 26, 2018. Staff will brief the City Council on direction provided by the PUB. 24. Magnolia Street Drainage Phase 2(Hinkle Project) The original intent of this project was for the construction of a separate storm drain system to capture, contain, and convey the runoff from the upper portion of the watershed to the outfall at Pecan Creek, south of Good Samaritan Village. This project would further alleviate flooding in the area and enable the reconstruction of Hinkle Drive. The original cost for this project was $2,557,000. This project is planned to begin construction in late 2018 and completed in late 2019. However, the revised project cost is now $4,460,836. No reallocation of GO bonds is requested to bridge the funding gap for this project. Instead, staff is proposing to primarily bridge the funding gap with $1,737,836 in unbudgeted capital project funds (drainage channel rehabilitation funds) for storm water drainage projects. The use of these funds will be considered by the Public Utilities Board (PUB) on March 26, 2018. Staff will brief the City Council on direction provided by the PUB. 25. Playground Replacements — The original intent of this project was to fund the replacement of seven play structures at Milam, Nette Shultz, Carl Young, Fred Moore, Denia, McKenna, and Evers parks to meet current Consumer Product Safety Commission playground standards. Staff would point out that $350,000 were advanced from the Vela project in order to begin a playground replacement at Fred Moore Park. The intent is to return those bonds to the Vela project as part of the FY 2017-18 planned issuance of $450,000 for playground replacements. 26. Park Improvements — The original intent of this proj ect was to improve several parks, including the addition of two lighted tennis courts at South Lakes Park and a pavilion at Lake Forest Park The shelter and basketball court proj ects at Lake Forest and Milam Parks were completed through an endowment from a private foundation. As a result, GOs sold in FY 2014-15 totaling $55,000 were used to acquire property adjacent to Mack Park in order to make that park whole. 27. Property Acquisition (for Parks & Libraries) — The original intent of this project was to fund the purchase of new park land in the city. As a result of direction from the Committee during the meeting of January 30, 2018, staff has left this funding in place. 28. Southwest Park Master Plan & Design (for entire site, including Library) — The original intent of this project was for master planning and design services necessary for the development of the park, including survey, platting, and environmental assessments. This information would then become part of the master plan for the development of the park which will eventually include a recreation center, athletic facilities, aquatic components and trails. 29. Sprayground — The original intent of this project was to fund the construction of a small/medium splash park The park would contain spray jets and water features such as water cannons and dumping buckets. The original cost for this project was $200,000 but was revised to $395,515. The funding gap was bridged with Park Development funds in the amount of $195,515. The project has been completed. 30. Trail System Expansion & Addition — The original intent of this project was to fund the expansion of the off-road pedestrian trail network, allowing citizens access to parks and recreation centers and providing safe routes for work, school and shopping centers. In order to advance this project in conjunction with a TXDOT grant, staff advanced $250,000 in GO bonds from the 2005 bond program originally intended for tennis center improvements. The advanced trail project is the Northwest Trail Extension off of Hwy. 77 and Nacosia which connects the Evers Trail to North Lakes Park In order to return the $250,000 in bonds to the Tennis Center project, staff intends to issue an additional $250,000 in GO bonds in FY 2017-18 to be provided to the Tennis Center project instead of the Trails project since the Trails proj ect is now complete. 31. Tennis Center Remodel & Expansion — The original intent of this project was to fund the relocation and expansion of the Goldfield Tennis Center to include 12 tennis courts, ADA accessibility improvements, and a new pro shop. The revised cost for this project is $3,694,000 which includes the $250,000 from the 2005 bond program. 32. Water Works Park Additions (Wave Pool/Concession Stand) — The original intent of this proj ect was for the construction of a new wave poll, permanent concession facilities, and additional shade areas. The original cost for this project was $2,443,000 but this was revised to $2,760,172. The funding gap for this project was primarily funded with $300,000 from the Parks Gas Well fund. The Wave Pool project opened in the summer of 2017. The concession stand was substantially complete in September 2017 and close out procedure is scheduled for completion in Apri12018. 33. Vela Soccer Complex Phase II Construction — The original intent of this project was to complete Phase II construction of the Vela Soccer Complex at North Lakes Park, including a permanent concession area; a year round restroom facilities; a large pavilion to accommodate tournaments; connecting sidewalks; and a playground structure. Staff intends to discuss 3 project options for the Council's consideration. However, Exhibit 2 to this agenda information sheet assumes funding the $6,000,000 option. The original project cost was $1,333,000. 34. Public Art for Parks — The 2014 bond program included $180,000 for public art related to public safety projects. The City has issued $100,000 in bonds for these projects, and to date, $99,999 has been spent on two sculpture projects at City Hall and the Civic Center. The remaining bonds from this proposition will be considered by the Public Art Committee later this year. ➢ Action Items approved by the 2014 Bond Oversight Committee: Reallocate $2,729,903 in GOs from FM 1830 and US 377 projects (2005 Bond Program) to: a. Bonnie Brae Phase 4 project —$2,108,803 b. Morse Street project — $250,000 c. Ruddell Extension project — $371,100 2. Reallocate $1,391,197 in GOs from Bonnie Brae Phase 6 project to Bonnie Brae Phase 4 project. 3. Utilize remaining GOs from Bonnie Brae Phase 6 to design and acquire as much right-of-way as possible for both Phase 5 and Phase 6 of the Bonnie Brae project. 4. Reallocate $61,594 in GOs from South Bell Drainage project to Hickory Street Drainage project. 5. Reallocated $250,000 in GOs from Trail System project to Tennis Center project since the same amount of GOs from the 2005 bond program for the Tennis Center project was advanced to the Northwest Trail proj ect. ➢ Action Items for City Council's consideration: l. Consider approval of action items recommended for approval by the 2014 Bond Oversight Committee. 2. Consider approval of a budget amendment to utilize $951,800 in General Fund resources for the Vela Soccer Complex ($331,800) and Police Firing Range ($620,000) projects. 3. Consider approval of a budget amendment to utilize $288,000 in Park Development Trust resources for the IOOF Cemetery fencing project. 4. Consider approval of a budget amendment to the City's Capital Improvement Program in the amount of $8,263,619 to allow for the expenditure of reallocated, unbudgeted and newly transferred funds. Projects to be funded include: $250,000 for the Morse Street project; $371,100 for the Ruddell project; $2,108,803 for the Bonnie Brae Phase 4 project; $288,000 for the Cemetery fencing project; $846,640 for the Vela Soccer Complex project; $620,000 for the Police Firing Range project; $2,208,585 for the Downtown Drainage projects; and $1,570,491 for the Bonnie Brae Phase 3 proj ect. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On March 26, 2018, the Public Utilities Board received a report, held a discussion and requested to provide staff direction regarding the use of Drainage Channel Rehabilitation funds for the purpose of funding shortfalls in various 2014 Bond Program drainage projects. Staff will verbally inform the City Council on direction received from the Public Utilities Board during the City Council's work session discussion on the GO Bond Program. On March 8, 2018, the 2014 Bond Oversight Committee unanimously approved staff's recommendations to reallocate previously issued and to be issued GOs for the purpose of funding shortfalls in various 2014 bond program projects. On January 30, 2018, the 2014 Bond Oversight Committee unanimously approved the reallocation of $1.5 million in GOs from Street Reconstruction to Miscellaneous Traffic Signals and the utilization of $1.5 million in GOs to reconstruct a city facility located at 651 Mayhill for the City's Traffic Operation. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage iinancial resources in a responsible manner EXHIBITS 1. Agenda Information Sheet 2. Summary of GO Funded Projects 3. Bond Issuance Timeline 4. GO Funded Projects Presentation 5. Vela Soccer Complex Presentation Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance G a o z o `�'. � o N z z a� o LL a o mo � � � o � a � � � , „ , , , , , , „ , , , , , , , , , , LL�� E � � � � � � � � � � O : `o `i � O A 9 m ` � _ O � m � � m l'! 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McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-477, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding a proposed rate reduction for residential Solid Waste customers. City of Denton Page 1 of 1 Printed on 3/23/2018 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.c ityofdenton. com DEPARTMENT: DCM: DATE: AGENDA INFORMATION SHEET Finance Bryan Langley March 27, 2018 SUBJECT Receive a report, hold a discussion and give staff direction regarding a proposed rate reduction for residential Solid Waste customers. BACKGROUND In recent months, staff has reevaluated and made adjustments the Solid Waste department's adopted budget and capital improvement plan (CIl') for fiscal year 2017-18. As a result of these efforts, staff is proposing a 12% rate reduction for residential Solid Waste customers. In addition, staff is proposing edits to the rate setting authority established within the Solid Waste rate ordinance. Aside from special wastes for which no rate has been established, staff recommends all other rates be established by the annual schedule of rates adopted by City Council. The proposed rate reduction has been made possible through staff efforts to improve the department's budget and proj ect management processes. As part of these efforts, staff realigned the department's business units to allow for better reporting and transparency, introduced strategic budgeting and capital planning processes, and performed business case analyses on proposals for new projects and expenditures. As a result of these changes, staff has been able to reduce the department's capital improvement plan by approximately $12.2 million over the next five (5) fiscal years. Further, the department's planned capital expenditures for fiscal years 2017-18 and 2018-19 will require no additional debt issuances. Staff estimates the department will save an estimated $13.4 million in annual debt service expenses over the next six years as a result of the restructured capital plan. In fiscal year 2016-17, Solid Waste finished with net income of $1.16 million due to reduced expenditures associated with landfill mining and improved operational efficiency. This increased the department's operating reserves and working capital total to $9.5 million or 29% of total expenditures. Because current reserves are well above Solid Waste's maximum reserve goal of 18%, staff is confident that the immediate rate reduction will have no negative short term effects. In addition, reduced debt service and further improvements to operational efficiency will enable the department to reevaluate rates for all customer classes over the next six (6) to eighteen (18) months. Upon approval, the residential rate decrease will be made effective March 29, 2018. In terms of next steps, the Solid Waste department is currently participating in an operational review that includes an assessment of the department's organizational structure, staffing, and operational efficiency. The results of this assessment will be provided to the PUB and Council in summer 2018. Solid Waste is also participating in a cost of service review and market study which will provide a comprehensive analysis of the department's rates and competitiveness in the marketplace. Staff expects both of these studies to play a large role in Solid Waste's proposed budget and rates for fiscal year 2018-19. RECOMMENDATION Staff recommends approval of the updated Solid Waste rate ordinance included as an item for individual consideration in this evening's agenda. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On March 26, 2018, the Public Utilities Board received a report, held a discussion and requested to provide staff direction regarding the proposed rate reduction for residential Solid Waste customers. Staff will verbally inform the City Council on direction received from the Public Utilities Board during the City Council's work session discussion on the same matter. FISCAL INFORMATION Staff estimates the rate reduction will lead to an approximate reduction in revenue for fiscal year 2017-18 of $600,000. 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. Presentation Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance e / �r1 N � N N � 6F} 6F} 6F} 0�0 N � I� tYi O� N rY'� — � � � � L (d U L � L � � c � � U O U � a� .+-_' a� � L° � L° � cn J Q J ' � (d a � � 0 � m � O .V .� O � � � a � . s � � s � '� � � �N � .o L a� 0 u N � O O .� � � � � O Q . - � .� � c� V . . M N � N N � � � O M M f�4 � N ^ N ^ � O M _ N � � O� �O M � � N � O N � O ^ M O� 00 � � O � N � � o � o� o� :. ,� ,� ,� ,� ,� ,� ,� ,� �,.... �,.... �,.... �,.... �,.... �,.... �,.... �,.... ��„� ��„� ��„� ��„� � � �x,� �x,� ,,,,,,,,,,,, ,,,,,,,,,,,, N � cd N N O � -v N � .� � � . � N � � � a X � O o\° N � O � 00 o� 6�} 00 � � . . � H N Q V W � 0 6L J Q V z Q z � W H N � 0 J 0 N W U Z W � W 6L 6L 0 N � � O � N �O LL a * � � N r-I Q O O N � � a " N N Ol �fI M N c-I N tM/� � I� c-I O r-I c-I Ol M � M i/� � c-I I� {�j�, N � I� I� c-I N � LfI c-I LfI N �, c-I M c-I �' � i/� i/� N W � z W � W � J �a � � � O N � > N � � f6 � C O Z f6 C N X � w o +' � Q � O � � � � U � N a � L O � -a N U y1 � C `N N v � .L 3 N � � �L � � L y \ � 7 N U � �-+ � � � C C �n � Q- pZf > c6 c6 O� w O� H�i U � M O M � � � N N � M � � N l!� � M � W N z W a X W J a O H N � O c� i � z — .� u � c� . � � o\° 00 � � � O � � L � N biy0 cd � � s � V � cd � -o � � � � .� � � N L � O X N � N > � N cd � N O � � O � � � � � � a�o � � N � � cd 3 -v 0 � L 0 � N L � � � N � � � � b�y0 L cd .N � N N L N � L � .� L � � 0 U . . . a� � .� � s � � � O � � � � O .� cd V a � � � � � V .� L N � 0 � � 0 U . � V � N �V � N cd � O .� cd L N a O � by0 � � � � N L � � L � � � O .� N .� � O � 0 � .� � . 00 O N � � cd � .� � � a X � O .� � � � 0 � . � � � � � i c� � � � �V L a� � O � O V � N � cd L N � � � O � � 0 � .� L > .� s � a � 0 U . . . L N � � � � � L cd N � �V � O U � U m � � O O .� � � � � a � City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-481, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and provide direction to staff on the Denton Development Code Update, specifically regarding Administration and Procedures (Module 2). City of Denton Page 1 of 1 Printed on 3/23/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton �� city xall �� ;;�� 215 E. McKinney Street ��'��^��'�� Denton, Texas www.cityofdenton.com DEPARTMENT: CM: DATE: AGENDA INFORMATION SHEET Department of Development Services Todd Hileman March 27, 2018 SUBJECT Receive a report, hold a discussion, and provide direction to staff on the Denton Development Code Update, specifically regarding Administration and Procedures (Module 2). BACKGROUND The City has begun an initiative to rewrite the Denton Development Code (DDC). The DDC sets requirements for what, where, and how much can be built in Denton. The update to the DDC will address a variety of issues raised in the comprehensive plan. Because the DDC addresses complex and comprehensive issues and regulations, Denton Code 2030 has divided the subchapters into three modules. The second module addresses the administration of the DDC and specific procedures and processes. In the second module, Administration and Procedures (Module 2), it addresses the overall purpose, intent, and applicability of the DDC. These subchapters will provide for how to handle non-conforming uses, who has the authority to administer the code, and how the code is enforced. Additionally, these subchapters will provide a summary of all of the types of applications, the review procedures, and who has decision-making authority on those applications. Attached as Exhibit 2 is a Memorandum regarding Module 2 prepared by Clarion Associates, the consultant selected to assist in the preparation of the DDC Update. In addition, attached as Exhibit 3 is the Public Draft of Module 2 for your review. At the work session Clarion Associates will present a summary of the Module 2 and will address comments and questions from Council. The Memorandum and Public Draft was published on March 7, 2018 on a dedicated City website for public review and comment. Please refer to www.dentoncode2030.com to see more. To make sure that the public is informed about the DDC Update, Development Services has held numerous meetings with individual stakeholders, including neighborhood groups and members of the development community, to seek their input and feedback Development Services is working with Communications staff on a public engagement plan to inform as many people as possible about upcoming available public drafts published online and upcoming meetings and public open houses. Two of the three modules have been published online for public review and comment, the third module the Zoning Map Update will be published soon. Staff is proposing a series of ineetings and public open houses tentatively in late April/early May inviting the public to attend and ask questions and provide feedback regarding the draft modules and proposed zoning map. Below is a brief outline and tentative schedule with key dates. • DDC Update Kickoff - Completed o June 7, 2017 - Open House (6 — 7:30 pm, Council Chamber) • Module 1— Zoning Districts and Use Regulations - Completed o September 28, 2017 — Public Meeting (6:30 — 8 pm, Council Chamber) o November 13, 2017 — Public Meeting (6:30 — 8 pm, Council Chamber) o November 14, 2017 — Informal Roundtable Discussions (8 to 5 pm, Development Services) o November 15, 2017 — Individual Stakeholder Meetings (8 to noon, Development Services) • Module 2— Administration and Procedures o March 27 - City Council Work Session o March 28 - Advisory Committee Meeting (9 —11 am, Work Session Room) o March 28 - Meeting with Denton Community Development Alliance (DCDA) (2:30 — 3:30 pm, Denton Chamber of Commerce) o March 28 - Special Called P&Z Word Session (4 — 6 pm, Work Session Room) o March 28 - Public Open House (6 — 8 pm, Council Chambers) • Module 3 — Development Standards o April 17 - City Council Work Session o April 18 - Advisory Committee Meeting (9 —11 am, Work Session Room) o April 18 - Stakeholder Meetings (TBD) o April 18 - Special Called P&Z Word Session (4 — 6 pm, Work Session Room) o April 18 - Public Open House (6 — 8 pm, Civic Center) 0 • Consolidated Public Draft and Proposed Zoning Map — Public Open Houses o Apri123 — Council District 1(6 — 8 pm, Fred Moore High School) o Apri126 — Council District 2(6 — 8 pm, Lagrone Advance Technology Center) o May 2— Citywide (8 — 5 pm, Development Services) o May 3— Citywide (8 — 5 pm, Development Services) o May 7— Council District 3(TBD) o May 10 — Council District 4(TBD) o May 12 — Citywide (9 am to noon, Civic Center) o Residents may attend any Open House • Consolidated Public Draft and Proposed Zoning Map — Advertisement o Postcards (mailed to all property owners two weeks in advance of first public open house) o Printed and Digital Ads o Social Media o DTV o Press Releases o City website o DentonCode2030.com o Email Blasts o City Newsletter • Planning and Zoning Commission and City Council Work Sessions and Public Hearings o Consolidated Draft and Proposed Zoning Map o Late May to Early August (staff is finalizing these dates) o Planning and Zoning Commission Multiple Work Sessions o City Council Multiple Work Sessions o Public Hearing Notification Letters (mailed to all property owners) o Planning and Zoning Commission Public Hearing o City Council Public Hearing To ensure transparency and a successful DDC Update staff understands that we need input and feedback from the public. Staff will continue to provide updates to the public, City Council, Planning and Zoning Commission, and Advisory Committee on the public drafts and schedule as they become available. We encourage individuals interested to go to www.dentoncode2030.com for more information. The public can review drafts of the DDC Update and provide comments online, or they can contact staff directly. PRIOR ACTION/REVIEW (Council, Boards, Commissions) • September 1 l, 2012 — City Council approved contract with Clarion Associates • November 21, 2016 - Development Code Review Committee • December 13, 2016 — City Council approved first amendment to contract • Apri128, 2017, — Purchasing staff approved second amendment to contract • June 7, 2017 — Kick-off Open House • September 28, 2017 — Zoning Districts and Use Regulations (Module 1) Public Meeting • November 7, 2017 - City Council approved third amendment to contract • November 13 - 15, 2017 — Zoning Districts and Use Regulations (Module 1) Public Meetings 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 Economic Development 3.4 Encourage development, redevelopment, recruitment, and retention 1. Agenda Information Sheet 2. Memorandum of Administration and Procedures (Module 2) 3. Public Draft of Administration and Procedures (Module 2) Respectfully submitted: Richard Cannone, AICP Interim Planning Director Prepared by: Ron Menguita, AICP Principal Planner �� u � ia ��, � �� r�� R��7�� Clarion Associates 303.830.2890 621 17th Street, Suite 2250 Denver, CO 80293 www.clarionassociates.com MEMORANDUM TO: Scott McDonald and Richard Cannone - City of Denton FROM: Matt Goebel, Jim Spung, and Tareq Wafaie - Clarion Associates DATE: March 7, 2018 RE: Denton DDC Update — Module 2, Administration and Procedures — PUBLIC DRAFT We are pleased to submit the second module of the new Denton Development Code, which includes: • Subchapter 1: General Provisions • Subchapter 2: Administration and Procedures • Subchapter 8: Definitions (partial) This memorandum covers the major changes as presented in this draft. These changes are based on our own observations and meetings with staff and other stakeholders, with a focus on the recommendations provided in the Assessment Memo, in particular: • Focus on the Customer: The majority of this Module 2 focuses on the administration of the ordinance, including development review and approval procedures. New common review procedures and improved approval criteria are among the many enhancements to the current procedures to establish development processes and procedures that are predictable, consistent, and efficient. • Build a Strong Foundation: Several development review and approval procedures have been simplified to better align with Texas state statutes. Unnecessary procedural requirements were removed from the DDC to allow a more, predicable, streamlined, and efficient process. • Create New Tools to Provide Flexibility: This draft introduces a minor modification tool to allow staff the ability to approve minor deviations from certain numeric standards where additional flexibility is needed but the overall intent of the code is still met. This draft also empowers staff with more decision-making power to apply the code to unique circumstances, subject to more clearly defined standards. • Interdepartmental Coordination. This Module establishes simplified and clear review procedures to help ensure interdepartmental consistency and timely review of development applications. The content in this draft is also informed by the Texas Local Government Code and City staff and stakeholder comments received in November 2017. As with the previous Module 1, this draft includes several footnotes indicating where the content in the draft was retrieved from in the current DDC and additional commentary highlighting proposed edits. �� .�� .„ � �� II�� '�� I�'I��,ai7i7ii7�;� I�cri7ii7�;� E��r I ai7rf �.0�� I IE� ,��al I�t at�;� I��t!��air7;alrili�t�y E��. IE� �ili��r7r:y Memo — Denton Devefopment Code Update — Modufe z PUBLIC DRAFT, p.z C �iE 1m E E L� I I ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, This subchapter includes the provisions that apply to the entire DDC, such as the overall purpose and intent, and the applicability and jurisdiction of the DDC. This subchapter also addresses important issues such as nonconformities, enforcement, and transition from the current DDC to the new DDC. We revised the nonconformity provisions by reorganizing the content in a more logical way, beginning with standards applicable to all nonconformities followed by specific criteria for nonconforming uses, structures, and lots. We eliminated the "special exceptions" procedure and standards that would allow a nonconformity to expand, except for in specific circumstances. We have also introduced more specific procedures for administering the nonconforming standards. Nonconformities should be discussed alongside the development standards subchapter in Part 3 of the DDC update to coordinate thresholds for when certain development standards apply to properties. Revisions to the enforcement section are also introduced in this draft, the current enforcement provisions are vague. This draft grants authority to the Director to administer enforcement-related issues rather than the Building Official. Further discussion with staff is required to determine the appropriate authority for administering this section. Further discussion is required regarding the overall organization and structural hierarchy of the DDC as it relates to the Code of Ordinances and other City ordinances. The current organization of the City's ordinances is complex and confusing. The City's ordinances are currently divided into two parts, the "Code of Ordinances" and the "Development Ordinances. The "Code of Ordinances" includes the Charter, "Subpart A: Code of Ordinances" and "Subpart B: Land Development Code." Subpart B includes several regulations that will need to be repealed with the adoption of the new DDC. We recommend City staff review the draft DDC together with the content the "Code of Ordinances" to identify material that needs to be amended, relocated, and/or appealed with the adoption of the this DDC. The overall goal is to eliminate redundancies and obsolete provisions to ensure a cohesive body of adopted regulatory standards. � ��; �; � �- �: � This subchapter makes up the majority of Module 2 of the DDC update. This subchapter describes the process for reviewing and approving development applications in Denton. The procedures are based on current standards, and then updated to reflect the Texas Local Government Code and other improvements noted in the Assessment Memo. The subchapter begins with a summary table that provides an overall snapshot of the types of applications, the review procedure required (including public notice), and the review and decision- making authorities associated with each. This draft proposes several changes to the review and/or decision authority for several applications. These changes are intended to streamline and eliminate unnecessary steps in the review process. Following the summary table, there is a section summarizing the review and decision-making bodies in Denton, including their composition and procedural operations. The next section contains the common review procedures include pertinent information that applies to most development application types. These procedures help Denton to avoid repetition and eliminate conflicting information among different development application types. The remaining sections include the application-specific procedures, with references back to the applicable common review procedures and supporting and additional details that apply to each specific application type. Memo — Denton Devefopment Code Update — Modufe z PUBLIC DRAFT, p.3 One of the biggest improvements to the procedures is a new set of common review procedures. These common review procedures consolidate the review steps that are common to most application types to ensure that those steps are consistently applied. These common review procedures also help the reader understand the basic procedural requirements, and helps the City avoid duplication within the DDC and eliminate the need to amend multiple parts of the DDC when a common review procedure is amended. For most application-specific procedures in the subsequent sections of the subchapter, a summary flowchart indicates which of the common review procedures apply to each application, followed by modifications and/or additional information. 1 7 � T 1 Throughout this subchapter, we use the term "Director" as the authority of administrative decisions for this Code. Review of this draft requires consideration of the additional authority granted to the Director, and whether or not additional applications should be decided at the staff level. ; � ;,, Throughout this subchapter, we provide references to an "administrative manual" where more specific application submittal requirements are proposed to be provided. Other information such as specific timelines and internal review processes will also be found in the administrative manual. IS �PP V�L P C S The current procedures for reviewing and approving several applications have been revised as part of this draft. The following briefly summarizes the proposed changes, with more specific narrative found in each respective section of the draft: C � S P IT This is a new procedure developed to provide a review tool for staff to evaluate whether or not changes of use of existing properties and buildings comply with zoning regulations. The Director would have the review and decision-making authority for this application. Business licensing should be coordinated with this new procedure to establish an enforcement trigger for the change of use permit. This draft aligns platting procedures with the Texas Local Government Code to help streamline and simplify the development review process. We propose the Director to have the review and decision- making authority for final plats since that review involves ensuring compliance with the approved preliminary plat. We propose the preliminary plat to be reviewed and approved by the Planning and Zoning Commission. The preliminary plat review process includes important site layout and configuration elements whereas the final platting process is largely focused on addressing the detailed engineering design and construction drawings. Requiring an applicant to go before the Planning and Zoning Commission twice for the same application may be inefficient and delay development project review times. The procedures as drafted are intend to streamline and expedite review times; therefore, retaining this process would not provide an immediate benefit to an applicant. This approach requires further discussion with staff. 1 �PPLIC�TI S The zoning amendment procedure is divided into three separate procedures: 1) text amendments, 2) rezoning (map amendments), and 3) rezoning to a planned unit development (PUD). We did not carry Memo — Denton Devefopment Code Update — Modufe z PUBLIC DRAFT, p.4 forward earlier versions of rezoning to a master planned community, which were not included with the districts in Module 1 of the DDC update. We did not carry forward the hardship variance from subdivision procedure currently approved by the Planning and Zoning Commission. The new suite of flexible standards introduced in the new DDC (i.,e., minor modification and PUD development) should eliminate the need for this process. 1 1 1 �TI As recommended in the Assessment Memo, a new procedure replaces the current Alternative Development Plan (ADP) process and gives staff flexibility to approve minor deviations from certain dimensional or other numeric standards. The review standards are intended to ensure that they are approved only when justified by unique circumstances, rather than assumed an automatic deviation by right. This new procedure differs from the current ADP process by allowing staff to make the determination based on a set of qualifying criteria. The application does not require Planning and Zoning Commission review; however, the Director may refer the application to the Planning and Zoning Commission. This procedure is intended to streamline development review times and to allow a degree of flexibility often required when developing challenging sites. Many communities use the minor modification procedure modestly at first, and then revise it to add additional adjustments or remove adjustments if the tool proves successful. In this draft, we include a table of allowable minor modifications to indicate which standards may be adjusted, and to what extent. IST IC P S V�TI We provided cross-references to the procedures that are currently located elsewhere in the DDC. Further discussion is required as to where to locate those procedures and to what extent they should be updated. Such updates should be coordinated with the updates to the overlays and special purpose districts that include historic districts and associated applications. � �� This subchapter includes defined terms necessary to understand the provisions contained in the other subchapters (General Provisions, Administration and Procedures). Some of the definitions were carried forward from the existing code, while others are new and are based on definitions from other codes Clarion has drafted and then tailored for Denton. Definitions introduced in this Module 2, and were not included with Module 1, are highlighted in yellow. New definitions to the City are noted by footnote. ( ' �� ; ° � ��r�: This document should be widely distributed to Denton stakeholders, city officials, and the public and uploaded to the project website for review and comment. Reviewers should consider the document with the following questions in mind: • Is something missing from these subchapters that should have been included? • Were provisions removed that should have been retained for one reason or another? • Are there any provisions that are not clearly understood after a thorough read? Clarion is scheduled to provide an overview of Module 2: Administration and Procedures March 27t" and 28tn please visit the project website: �nr�nr�nr.d�ntrancrad�2030.cram for meeting times and project updates. �l��o(N',ft'� � 4�9N��Nu N� NOM�b'VMWh^ . yq�� INM�DOf�4 � '� IOM1NUMMN � � ...... �� . � � . uN�imi��i� ii�r�nu�iNu� II�� a�ui�uM�� i�7 �lNau�iuiou�t� � �mu�u�u�ioim iimmmiiiiiiiiiiu ruimm�im�i�i�mo � �� i �� um �u uuuuum mm uu uuuuuu uuum � �� ' �� , �� '�� „�� , ! � �u�� 11��7t �� ttk � � �1011111� ��J� ��III ��h'lV�� Illlluul liiiw"� � �� r Denton, Texas - Denton Development Code Module 2- Administration and Procedures —Public Draft — March 2018 .; i � i � i � ., 1.1 Title and Effective Date ...............................................................................................................1 1.2 Purpose ......................................................, 1.3 Authority, Applicability, and Jurisdiction 1.3.1 Authority ............................................................... 1.3.2 Applicability ......................................................... 1.3.3 Compliance Required ...................................... 1.3.4 Conflicts with Other Ordinances .................. 1.3.5 Private Covenants .............................................. 1.3.6 Transfer of Ownership ..................................... 1.3.7 Emergency Powers ............................................ 1.4 Severability �3 1.5 Nonconformities .........................................................................................................................3 1.5.1 Purpose .........................................................................................................................................................................................4 1.5.2 Regulations Applicable to All Nonconformities .............................................................................................................4 1.5.3 Nonconforming Uses ...............................................................................................................................................................6 1.5.4 Nonconforming Structures ....................................................................................................................................................6 1.5.5 Nonconforming Lots ................................................................................................................................................................7 1.5.6 Nonconforming Site Features ...............................................................................................................................................8 1.5.7 Nonconforming Signs ..............................................................................................................................................................8 1.5.8 Amortization of Nonconforming Uses or Structures ...................................................................................................8 1.5.9 Illegal Nonconformities ...........................................................................................................................................................9 1.6 Enforcement ................................................................................................................................9 1.6.1 Purpose ......................................................................................................................................................................................10 1.6.2 Violations ...................................................................................................................................................................................10 1.6.3 Continuing Violations ...........................................................................................................................................................11 1.6.4 Enforcement Actions .............................................................................................................................................................11 1.6.5 Penalties and Remedies .......................................................................................................................................................12 1.6.6 Continuation of Prior Enforcement Actions ..................................................................................................................13 1.7 Transition from Prior Regulations ................................... 1.7.1 Continuity of Provisions .................................................................... 1.7.2 Violations Continue ............................................................................ 1.7.3 Legal Nonconformities Under Prior Regulations ..................... 1.7.4 Uses, Lots, Structures, and Sites Rendered Nonconforming 1.7.5 Pending Applications ......................................................................... 1.7.6 Preliminary Plat Approvals ............................................................... 1.7.7 Approved Projects ............................................................................... 1.7.8 Transition to New Zoning Districts ............................................... 1.7.9 Map Interpretations ........................................................................... 2.1 Purpose and Organization ........................................................................................................16 2.1.1 Purpose ......................................................................................................................................................................................16 2.1.2 Organization of this Subchapter .......................................................................................................................................16 2.2 Summary Table of Review Procedures ....................................................................................17 2.3 Review and Decision-Making Bodies .......................................................................................19 Denton, Texas — Denton Development Code Module 2- Administration and Procedures — Public Draft — March 2018 2.3.1 Purpose ......................................................................................................................................................................................20 2.3.2 City Council ...............................................................................................................................................................................20 2.3.3 Planning and Zoning Commission ...................................................................................................................................20 2.3.4 Zoning Board of Adjustment .............................................................................................................................................21 2.3.5 Historic Landmark Commission ........................................................................................................................................22 2.3.6 City Administration ................................................................................................................................................................24 2.3.7 Development Advisory Committee .................................................................................................................................24 2.4 Common Review Procedures ....................................................................................................25 2.4.1 Overview .................................................................................................................................................................................... 25 2.4.2 Consistency with State and Federal Provisions ...........................................................................................................26 2.4.3 Step 1: Pre-Application Activities .....................................................................................................................................26 2.4.4 Step 2: Application Submittal and Processing .............................................................................................................28 2.4.5 Step 3: Staff Review and Action ........................................................................................................................................31 2.4.6 Step 4: Scheduling and Notice of Public Meetings/Hearings ................................................................................35 2.4.7 Step 5: Review and Decision ..............................................................................................................................................37 2.4.8 Step 6: Post-Decision Actions and Limitations ............................................................................................................38 2.5 Development Permits and Procedures ....................................................................................41 2.5.1 Site Plan Review ......................................................................................................................................................................41 2.5.2 Specific Use Permit (SUP) ....................................................................................................................................................45 2.5.3 Temporary Use Permit ..........................................................................................................................................................48 2.5.4 Change of Use Permit ...........................................................................................................................................................50 2.5.5 Gas Well Development Site Plan ......................................................................................................................................51 2.5.6 Watershed Protection Permit ............................................................................................................................................52 2.6 Subdivision Procedures ............................................................................................................52 2.6.1 Administratively Approved Plat ........................................................................................................................................52 2.6.2 General Development Plan .................................................................................................................................................54 2.6.3 Preliminary Plat .......................................................................................................................................................................54 2.6.4 Final Plat ....................................................................................................................................................................................57 2.6.5 Conveyance Plat .....................................................................................................................................................................58 2.6.6 Development Plat ...................................................................................................................................................................61 2.6.7 Replat ..........................................................................................................................................................................................63 2.6.8 Vacating Plat ............................................................................................................................................................................64 2.7 Plan and DDC Amendments .....................................................................................................66 2.7.1 Comprehensive Plan Amendment ...................................................................................................................................66 2.7.2 Zoning Map Amendment ....................................................................................................................................................69 2.7.3 Rezone to a Planned Unit Development (PD) District ..............................................................................................71 2.7.4 Zoning Text Amendment ....................................................................................................................................................79 2.7.5 Annexation ................................................................................................................................................................................81 2.8 Flexibility and Relief Procedures .............................................................................................82 2.8.1 Variance .....................................................................................................................................................................................82 2.8.2 Minor Modification ................................................................................................................................................................86 2.8.3 Appeal of Administrative Decision ...................................................................................................................................89 2.8.4 Alternative Environmentally Sensitive Area (ESA) Plan .............................................................................................91 2.9 Historic Preservation Procedures ............................................................................................92 2.9.1 Certificate of Appropriateness ...........................................................................................................................................92 2.9.2 Certificate of Demolition .....................................................................................................................................................92 2.9.3 Historic Conservation District Designation ...................................................................................................................92 2.9.4 Historic Landmark Designation .........................................................................................................................................92 2.9.5 Historic District Designation ..............................................................................................................................................92 Denton, Texas — Denton Development Code ii Module 2- Administration and Procedures — Public Draft — March 2018 8.1 Rules of Construction ............................................................................................................. 100 8.1.1 General .....................................................................................................................................................................................100 8.1.2 Headings, Illustrations, and Text .....................................................................................................................................100 8.1.3 Lists and Examples ...............................................................................................................................................................100 8.1.4 Computation of Time ..........................................................................................................................................................100 8.1.5 Delegation of Authority .....................................................................................................................................................100 8.1.6 Nontechnical and Technical Words ...............................................................................................................................101 8.1.7 Mandatory and Discretionary Terms .............................................................................................................................101 8.1.8 Conjunctions ..........................................................................................................................................................................101 8.2 Definitions of Measurement Terms 8.2.1 Site Measurement ............................... 8.2.2 Height ...................................................... 8.2.3 Lot Characteristics ............................... 8.2.4 Setbacks and Yards ............................. 101 .101 .101 .102 .103 8.3 Definitions of General Use Categories and Specific Use Types ........................................... 104 8.4 All Other Terms Defined ........................................................................................................ 104 Denton, Texas — Denton Development Code iii Module 2- Administration and Procedures — Public Draft — March 2018 i . # . �� . �� . i. . i � . i � � Commentary: This subchapter includes the provisions that apply to the entire DDC, such as the overall purpose and intent, and the applicability and jurisdiction of the DDC. This subchapter also addresses important issues such as nonconformities, enforcement, and transition from the current DDC to the new DDC. Further discussion is required regarding the overall organization and structural hierarchy of the DDC as it relates to the Code of Ordinances and other City ordinances. The current organization of the City's ordinances is complex and confusing. The City's ordinances are currently divided into two parts, the "Code of Ordinances" and the "Development Ordinances. The "Code of Ordinances" includes the Charter, "Subpart A: Code of Ordinances" and "Subpart B: Land Deve(opment Code." Subpart B includes several regulations that will need to be repealed with the adoption of the new DDC. We recommend City staff review the draft DDC together with the content the "Code of Ordinances" to identify material that needs to be amended, relocated, and/or appealed with the adoption of the this DDC. The overall goal is to eliminate redundancies and obsolete provisions to ensure a cohesive body of adopted regulatory standards. 1.1.1 This document is Chapter --- of the Municipal Code of Ordinances of the City of Denton, Texas. It shall be officially known and cited as the "Denton Development Code," and is referred to internally in this document as "this DDC." 1.1.2 This DDC shall become effective on [insert month/day/20_]. Pursuant to the Texas Local Government Code (Tex. Loc. Gov't. Code), the City Council enacts this DDC to: 1.2.1 Promote the health, safety, and general welfare of the City's inhabitants; 1.2.2 Implement the City's comprehensive plan; 1.2.3 Improve the City's appearance; 1.2.4 Improve mobility for all modes of transportation and promote traffic safety; 1.2.5 Facilitate the adequate provision of public services and utilities; 1.2.6 Encourage the appropriate use of land, buildings, and structures; and 1.2.7 Establish procedures for the processing of planning and zoning actions that affect the development and use of property subject to the planning jurisdiction of the City. i A. This DDC is adopted pursuant to the authority in Article X of the Denton Municipal Charter §10.06, as amended, and enacted pursuant to the powers granted and limitations imposed by provisions of the State of Texas, including the statutory authority granted in Chapters 42, 43, 211, 212, and 213 of the Tex. Loc. Gov't., and all other relevant provisions of the State of Texas. 1 From 35.1.3. Added "this DDC" to define that as the more common term used throughout this chapter. Effective date will be populated prior to adoption. The city is considering an effective date of three months following adoption. z From current 35.1.2 and 35.16.1, revised to simplify. 3 Replaces current preamble, section 35.1.1. Denton, Texas - Denton Development Code Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 1: General Standards '�.�3 ��u�Il�a�ir6�Yn �IPIPII6��1b6116�y, �ir��.U�uir6��6��6a�ir� 13.2 Applicability B. Whenever any provision of this DDC refers to or cites a section of the Texas state statute and that section is later amended or superseded, this DDC shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section. � ��2 ,�,�Illui�� uilllui��y� A. General Applicability This DDC applies to all land, buildings, structures, and uses located within the City of Denton, unless a variance or exemption is provided by or pursuant to the terms of this DDC or the Tex. Loc. Gov't. Code. B. Applicability to Public Agencies To the extent allowed by law, the provisions of this DDC shall apply to all land, buildings, structures, and uses owned, leased, or otherwise controlled by any district, county, state, or federal government agencies in the City of Denton. Where the provisions of this DDC do not legally control such land, buildings, structures, and uses, such agencies are encouraged to meet the provisions of this DDC. � �� a��lllui�� Ilf��wui��.:� No land shall be used or divided, and no structure shall be constructed, occupied, enlarged, altered, or moved until: A. All applicable development review and approval processes have been followed in accordance with Subchapter 2: Administration and Procedures; B. All applicable approvals have been obtained; and C. All required permits or authorizations to proceed have been issued. � �� a��'�ui�� ui�� ui�� Whenever any provision of this DDC conflicts with other provisions of the Municipal Code of Ordinances, the stricter provision, as determined by the Director, shall govern. � �� II@�ui�� A. This DDC is not intended to revoke or repeal any easement, covenant, or other private agreement; however, where the regulations of this DDC are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this DDC shall govern. B. Nothing in this DDC shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this DDC. 4 New. This subsection may be amended to reflect applicable changes as a result of the adoption of the Environmentally Sensitive Areas (ESA) Ordinance currently underway as a separate project, The definition for "city" includes the ETJ. 5 New compliance requirements that we often include in development codes. This replaces a portion of the current language in enforcement and penalty section 35.1.10.1. 6 New. Current language states, "as determined by the City Attorney." ' New. Denton, Texas — Denton Development Code Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 1: General Standards '� .� ��r�ir�lb6116�y 13.6 Transfer of Ownership C. In no case shall the City be obligated to enforce the provisions of any easements, covenants, or agreements between private parties. � �� "��'�� ' ��ui�� Permits, licenses, or approvals authorizing a particular use of land or structure shall transfer with the ownership of the land or structures. So long as the land or structures, or any portion of the land or structures, continue to be used for the purpose and in the manner authorized by a permit, license, or approval, no person, including a successor or assignee of the person who obtained the permit or approval, may use the land or structure except in accordance with all the terms, conditions, and requirements of the permit or approval. � ��'7 Ilf�;�m��m��y II@�� The City Council may authorize any deviation from this DDC during a local emergency. Local emergencies shall be declared by resolution of the City Council. Any deviations from this DDC during such emergency shall be authorized by resolution of the City Council without a requirement for notice or public hearing, and shall be temporary and of set duration. In the event one or more of the provisions of this DDC shall for any reason be held to be illegal or invalid by a court of competentjurisdiction, it is the intention of the City Council that such illegality or invalidity shall not affect any other provision in this DDC, but this DDC shall be construed and enforced as if such illegal or invalid provision had not been contained. Commentary: This section replaces the current Subchapter 11, Nonconforming Uses. This new section reorganizes the content in a more logical way, beginning with standards applicable to all nonconformities followed by specific criteria for nonconforming uses, structures, and lots. We propose eliminating the "special exceptions" procedure after discussion with staff indicating the City currently does not have an ordinance authorizing such procedure. We also propose eliminating standards that would allow a nonconformity to expand, except for in specific circumstances that are contained in this section. We have also introduced more specific procedures for administering the standards in this section. It is likely that some single-family residential lots will not conform to the new zoning district dimensional standards adopted with the new DDC. New standards are introduced in this Section (1.5.5) help to minimize the impacts any changes to dimensional standards may have on existing single-family structures. $ From current 35.1.5.A. 9 New. Many communities include similar emergency powers to expedite decision-making during unplanned emergencies - e.g., natural or man-made disasters or any other emergency. lo From 35.1.8. 11 Currently Subchapter 11. Revised as noted. Denton, Texas - Denton Development Code Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 1: General Standards '� .5 Il�a�ir��a�ir�fra�irm�n 6�6�� 1.5.1 Purpose � �� II@�u�,�� The purpose of Section 1.5 is to regulate and limit the development and continued existence of land, buildings, structures, uses, and site features such as parking and landscaping, that were lawfully established prior to the effective date of this DDC, but that no longer conform to the requirements of this DDC. All such situations are collectively referred to in this Section as "nonconformities." While nonconformities may continue, the provisions of this Section are designed to curtail substantial investment in nonconformities to bring about their eventual elimination in order to preserve the integrity of this DDC and the goals of the City of Denton. / � � / P� P� ' � �� A. Authority to Continue Nonconformities may continue to be used and occupied, subject to regulations as to the maintenance of premises and conditions of operations set forth in this Section, or unless such nonconformity is terminated as provided in this Section. B. Determination of Nonconformity Status13 The burden of establishing the existence of a nonconformity shall be solely on the owner of the property containing the nonconformity. C. Maintenance and Minor Repair14 Minor repairs and maintenance of nonconformities are permitted and encouraged, provided that the repairs and maintenance do not increase the degree of nonconformity. Minor repairs and maintenance include the following: 1. Repairs necessary to maintain and to correct any damage or deterioration to the structural soundness of, or the exterior or interior appearance of, a building or structure without expanding the height or footprint of the building or structure, unless compliant with this DDC; 2. Maintenance of land to protect against and mitigate health and environmental hazards; 3. Resurfacing or restriping parking areas pursuant to Section 6.9: Parking and Loading; 4. Replacing diseased or dead plant materials pursuant to Section 6.7: Landscaping, Screening, euffering, and Fences; 5. Repairs that are required to remedy unsafe conditions; and 6. Repairs necessary to comply with current building code requirements. D. Change of Ownership or Tenancy Changes in ownership, tenancy, or management of property with an existing nonconformity may occur, but such nonconformities shall continue to be subject to the standards of this Section 1.5. lz Replaces current 35.11.1. 13 We are currently discussing a formal process by which a property owner can receive an official "nonconforming status" from the City. This will likely be achieved on a case-by-case basis through issuance of a"certificate of zoning compliance." This procedure may mirror the "change of use" procedure outlined in Subsection 2.5.4 of this draft. 14 Replaces 35.11.6.1.B. Did not carry forward the limitation for repairs to be less than 50 percent of the replacement cost of the structure, this limitation is covered elsewhere in this Section. Denton, Texas — Denton Development Code Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 1: General Standards '� .5 Il�a�ir��a�ir�fra�irm�n 6�6�� 1.5.2 Regulations Applicable to All Nonconformities E. Compliance to the Maximum Extent Practicable Where compliance with the requirements of this Section is precluded by a lack of sufficient developable area due to the size of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, hazard areas, or other significant environmental constraints, the applicant shall comply with the requirements of this Section to the maximum extent practicable, as determined by the Director. F. Discontinuance 1. Whenever a nonconforming use or structure is discontinued for one year or more, all nonconforming rights shall cease, and the use of the premises or the structure shall be in conformance with this Subchapter and all applicable codes of the City. For purposes of this provision, "discontinue" shall mean that the property or structure is vacant and no attempt to market the property is observable on the property or from the exterior of any structure, or that the property or structure is vacant and City taxes owed on the property are delinquent.ls 2. The right to maintain or operate a nonconforming structure may be terminated by the Zoning Board of Adjustment in accordance with Subsection 1.5.8. Any appeal of the termination of nonconforming rights under this Subchapter shall be made to the District Court within 10 days of receipt of written notice of the termination by the Director.16 G. Nonconformity Due to Outside Action" 1. Where a lot, tract, or parcel is occupied by a lawful structure, and where the acquisition of right-of-way, by eminent domain, dedication, or purchase, by a city, county, state, or federal agency creates noncompliance of the structure or property regarding any requirement of this DDC, such structure or property shall be deemed lawful. 2. Such designation shall apply only to noncompliance that results directly from the acquisition of right-of-way or by acquisition through eminent domain. 3. In the event that such structure is partially or totally destroyed by natural or accidental causes, the structure may be rebuilt upon approval of a building permit by the Building Official. H. Prior Construction Approved18 Nothing contained in this Section shall require any change in the plans, construction, or designated use of a building legally under construction, or for which a permit for construction has been issued, at the time of passage of this DDC or amendments. For purposes of this provision, "legally under construction" shall mean that, at a minimum, the foundation of such building is lawfully under construction at the time of passage of this DDC or amendments. ls From current 35.11.5.1.A(1). Did not carry forward the special exception procedure for the Zoning Board of Adjustment, any appeals to an administrative decision can be made via the administrative appeals process (which is heard by the Zoning Board of Adjustment). We propose lengthening the duration for discontinuance from six months to one year, which is a more common timeframe. 16 From current 35.11.6.1.A(4). 17 From current 35.11.4.C. Section 211.008 of the Tex. Loc. Gov't. Code enables the ZBA the authority to grant a special exception to the terms of the zoning ordinance so long as it is consistent with the general purpose and intent of the ordinance and in accordance with any rules contained in the ordinance. The intent is to allow people to have a simple process upon being nonconforming due to eminent domain. 18 From current 35.11.4.B. Denton, Texas — Denton Development Code Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 1: General Standards '� .5 Il�a�ir��a�ir�fra�irm�n 6�6�� 1.53 Nonconforming Uses � �� I ��'��ui�� A. Limitations on Continuation of Nonconforming Uses of Land or Structures19 1. A nonconforming use may be extended throughout the same building, provided that: a. No structural alteration of the building (or portion of such building containing the nonconforming use in the case of buildings with multiple uses) shall be permitted; b. No additional dwelling units shall be permitted in the building; and c. No additional nonresidential units and/or uses shall be permitted. 2. Any existing occupied single-family detached or duplex uses that are deemed to be a nonconforming use may make improvements to the main and accessory structures so long as improvements do not increase the degree of nonconformity or increase the height or building footprint. 3. No additional structure not conforming to the requirements of this DDC shall be erected in connection with the nonconforming use of land or structure. 4. Any use of land that was established in the City's extraterritorialjurisdiction and annexed into the City shall be subject to the provisions established in Tex. Loc. Gov't. Code, Section 43.002, as amended. B. Change of Use21 1. A nonconforming use may be changed to another nonconforming use, provided the Director determines that the new use creates lesser impacts on surrounding properties and is no more intensive than the use it replaces, and no structural alterations to the building are required to accommodate such change, except those alterations necessary to meet accessibility provisions required by state and federal law. 2. A nonconforming use that has been changed to a less nonconforming use pursuant to this subsection may not subsequently be changed back to a more nonconforming use. 3. A nonconforming use, if changed to a conforming use, may not subsequently be changed back to any nonconforming use unless otherwise permitted by this DDC. � �� I �m��m��'��muim�� 5��u��u�� A. Expansion of a Nonconforming Structure A nonconforming structure may only be expanded or enlarged pursuant to paragraph 1.5.2C, and any such expansion or enlargement shall be in full compliance with this DDC. B. Increasing Level of Nonconformity Prohibited A nonconforming structure shall not be altered in a way that increases the nonconformity of the structure, but any structure or portion of a structure may be altered to decrease the nonconformity of the structure. 19 Some communities require a permit to complete any expansion to a nonconforming use, including any enlargement or remodeling, or relocation to another part of the lot. Is there interest in that approach in Denton? zl From current 35.11.5.2.B. Clarified that the Director has authority to approve a change from a nonconforming use to lesser nonconforming use. zz Did not carry forward current 35.11.6.2 regarding expansion of nonconforming structures. It is not common that a City would allow a building owner to expand a nonconforming structure up to 50 percent of its size. Denton, Texas - Denton Development Code Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 1: General Standards '� .5 Il�a�ir��a�ir�fra�irm�n 6�6�� 1.5.5 Nonconforming Lots C. Damage or Destruction of Less than 50 Percent of the Gross Floor Area23 A nonconforming structure that has been damaged or destroyed by fire or other natural or accidental causes may be restored to its original condition, provided that: 1. The extent of the damage does not require the reconstruction of more than 50 percent of the gross floor area of the nonconforming structure, unless the applicant requests, and the Zoning Board of Adjustment approves, an alternative measurement z4 2. Such work is commenced within one year of such event and completed within 18 months of such event;zs 3. A building permit is issued for the work to be performed; 4. By written request from the property owner, the Director may grant one extension of either the work commencement and/or the completion of work time period.z6 5. A restoration or reconstruction in violation of this paragraph immediately terminates the right to operate the nonconforming use. D. Damage or Destruction of More than 50 Percent of the Gross Floor Area27 A nonconforming structure that has been damaged or destroyed by fire or other natural or accidental causes shall not be rebuilt or occupied, except upon action of the Zoning Board of Adjustment to permit reconstruction and occupancy of such structure pursuant to the procedure in 2.8.3: Appea( of Administrative Decision. E. Single-Family Residential Setbacks28 Single-family dwellings with setbacks made nonconforming by the adoption of this DDC are exempt from the requirements of this section if the following findings can be made: 1. The proposed addition or alteration will not encroach any further into the required setback than the existing structure; and 2. If the proposed alteration or addition is located on the side of the existing dwelling, and there is a minimum distance of 10 feet between the side of the existing structure and the nearest dwelling on the adjoining property, unless otherwise required by the building code or other life safety code. � �� I a��a��'a��ui�� Ill,,,,a�� A. A structure situated on a nonconforming lot shall be considered a nonconforming structure, subject to the provisions of this Section 1.5. B. A nonconforming lot that was made nonconforming by virtue of enactment of this DDC may be used for construction of a building allowed in the applicable zoning district, provided that all z3 From current 35.11.6.1.A and 35.11.5.1.A(3). Did not carry forward language requiring the structure be built to the same height and floor area that it had immediately prior to its destruction. z4 From current 35.11.6.1.A(2). Added language clarifying that the 50 percent threshold is calculated by the gross floor area of the nonconforming structure. The current provision only says 50 percent. zs New. Most communities provide a time horizon for when the nonconforming structures lose their nonconforming status after being damaged or destroyed by a natural cause. z6 New. 27 From current 35.11.6.1 and 35.11.5.1.A(2). Included reference to the Zoning Board of Adjustment procedure, the current DDC does not clearly outline this procedure. 28 New. Expands exemptions listed in current 35.11.4.A. 29 New. Denton, Texas — Denton Development Code Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 1: General Standards '� .5 Il�a�ir��a�ir�fra�irm�n 6�6�� 1.1.1 other zoning district and dimensional standards are met, unless as otherwise provided for in this Section 1.5. � �� I �m��m��'��muim�� Sur�� IIP"'��u�� A. Applicability 1. For purposes of this provision, the term "nonconforming site feature" includes any driveway, off-street parking or loading area, landscaping, buffer, or screening element that lawfully existed per regulations in place prior to the effective date of this DDC, as well as the lack of any such feature required by subsequently enacted City regulations. 2. A nonconforming site feature may continue to exist even though it does not conform to current applicable standards of this DDC, subject to the requirements of this subsection. 3. No action shall be taken that increases the degree of the nonconformity of a site feature. B. Continuation and Expansion32 Any site features lawfully existing on [insert effective date of DDC here] that are made nonconforming by virtue of enactment of this DDC shall be allowed to continue, provided that any change or expansion of any use, structure, or site feature shall only be permitted if such change or expansion is provided in accordance with the requirements of this DDC. � ��'7 I �m��m��'��muim�� Sui�m�� Nonconforming signs shall comply with the Municipal Code of Ordinances, Chapter 33.10, Nonconforming Signs. � �� m��uiz��ui�m� ��' I �m��m��'��muim�� '�� 5��u��u�� A. Initiation of Proceedings3s The City Council may request the Zoning Board of Adjustment initiate proceedings to amortize a nonconforming land use or structure. B. Consideration by Zoning Board of Adjustment Generally The Zoning Board of Adjustment may require the termination of nonconforming uses of land or structures under a plan whereby the value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this DDC. Criteria for Determining Amortization Period Before the Zoning Board of Adjustment may determine an amortization period, it shall consider the following factors: 3z Thresholds that trigger compliance will be established in Module 3: Development Standards. 33 Nonconforming signs may remain in the Code of Ordinances (Section 33.10). Updates to this this reference will be reflected in the Consolidated and Adoption Draft of this DDC. 34 From current 35.11.7. Revised as noted. 3s From current 35.11.7.A.. Denton, Texas - Denton Development Code Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 1: General Standards '�.�a II!;;ir�fra�ir��ic�n�ir�� 1.5.9111egal Nonconformities a. The owner's capital investment in the structures on the property at the time the use became nonconforming; b. The amount of the investment realized to date and the amount remaining, if any, to be recovered during the amortization period; c. The life expectancy of the investment; d. The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such leases; e. Removal costs that are directly attributable to the establishment of a termination date; and Other costs and expenses that are directly attributable to the establishment of a termination date. Cessation of Use If the Zoning Board of Adjustment establishes a termination date for a nonconforming use, the use shall cease operations on that date and the owner shall not operate it after that date unless it becomes a conforming use. � �� IIIIIIIII��III I ��'��ui��ui�� An illegal nonconformity exists when: A. A nonconforming structure is destroyed or substantially destroyed by an intentional act of the owner or an agent without a proper permit or other required city approval. If this occurs, the nonconforming structure shall lose its nonconforming status and shall be required to be in conformity with existing codes. If a nonconforming use was also in the structure, the nonconforming use and all site improvements shall lose their nonconforming status and be required to come into compliance with existing codes; and B. A use, structure, or site improvement results in a nonconformity without being lawfully authorized in accordance with the provisions of this DDC. Such use and/or structure shall cease operations until the required City approvals are obtained. Commentary: This section replaces the current standards in 35.1.10, which did not include detailed enforcement standards. This draft grants authority to the Director to administer enforcement-related issues; the current DDC delegates this authority to the Building Official. 36 Replaces current 35.11.8. We recommend replacing the current language with a general statement that does not attempt to list specific violations, as doing so may provide someone with the argument that the list is comprehensive. 37 From 35.1.10, largely carried forward intact, with revisions as noted. Compliance required section was relocated Section 1.3.3. Denton, Texas — Denton Development Code Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 1: General Standards '�.�a II!;;ir�fra�ir��ic�n�ir�� 1.6.1 Purpose � �� II@�u�,�� This Section 1.6 establishes procedures through which the City seeks to ensure compliance with the provisions of this DDC and obtain corrections for violations of this DDC. This section also sets forth the remedies and penalties that apply to violations of this DDC. � A. Generally Any person who violates any applicable provision of this DDC shall be deemed guilty of a violation punishable in accordance with Subsection 1.6.5. For purposes of this Subsection, the term "violation" shall mean a final finding by a court of record that an ordinance has been violated. B. Prior Violations If a development or activity in violation of the prior development regulations fully complies with this DDC, it shall no longer be deemed a violation. Unpaid fees and/or penalties from prior enforcement of violations are still valid and shall remain the responsibility of the violator under the prior regulations. C. Violations within the Extraterritorial Jurisdiction Any person who violates any applicable provision of this DDC within the extraterritorial jurisdiction shall not be guilty of a misdemeanor; however, the City may institute any appropriate action or proceeding in the District Court to enjoin the violation of this DDC. D. Activities Constituting a Violation Activity Inconsistent with this DDC Any erection, construction, reconstruction, remodeling, alteration, maintenance, expansion, movement, or use of any land, building, structure, or sign that is inconsistent with this DDC. Activity Inconsistent with a Permit or Approval Any development, use, or other activity that is in any way inconsistent with the terms or conditions of any permit or approval required to engage in such activity under this DDC. Illustrative Examples of Violations Examples of violations of this DDC include, but are not limited to: a. Increase of the density or intensity of any use of land or structure except in accordance with the requirements of this DDC; b. Reduction or diminishment of lot area, setbacks, buffers, open space, or other standards below the minimum requirements set forth in this DDC; c. Creation, expansion, replacement, or change of a nonconformity inconsistent with this DDC; d. Failure to install, improve, or maintain any public or private improvements required by the terms of any permit or approval; 3a New. 39 Replaces current 35.1.10.1. Denton, Texas - Denton Development Code 10 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 1: General Standards '�.�a II!;;ir�fra�ir��ic�n�ir�� 1.63 Continuing Violations e. Failure to abide by conditions of any approval or agreements executed in association with an approval; and f. Failure to comply with applicable requirements for a certificate of occupancy or building permit. � �� a��ui��ui�� uia�lll��uia�� Any violation of this DDC shall be considered a separate offense for each day during any portion of which any violation of this DDC is continued past the date of the issuance of notice of violation, with each violation punishable in accordance with Subsection 1.6.5. � �� Ilf�;��'a�� uia�� A. Responsibility for Enforcement41 This DDC shall be administered and enforced by the Director or such other person as may be designated by the Director. B. Investigation42 Whenever the Director receives a written, signed complaint alleging a violation of this DDC or a permit or approval issued under this DDC, the Director shall investigate the complaint and inform the complainant in writing of his or her findings and any actions that have been, or will be taken. C. Persons Liable43 The owner, tenant, or occupant of any building or land, or any part thereof, and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this DDC or a permit or approval issued pursuant to this DDC, may be held responsible for the violation and be subject to the penalties and remedies provided in this Section. D. Procedures upon Discovery of Violations44 1. If the Director finds that any provision of this DDC is being violated, the Director shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Director's discretion. 2. The Director shall not be required to provide notice of intent to suspend or revoke for violations of this DDC that cause imminent destruction of property or injury to persons. 3. If the person responsible for the violation does not take action to correct the violation within 30 days45 of the first notice, a final written notice shall be sent by certified mail with return receipt required to the owner of record of the subject property, or to the homeowners association, as applicable. The final written notice shall state the action the 40 Replaces current 35.1.10.4.B. 41 The current DDC grants enforcement authority to the Building Official. Given the variety of enforcement related issues, we recommend the Director be responsible for administering enforcement. 4z Replaces current 35.1.10.2. 43 New language clarifying who is liable in the event of a violation. � New. 45 There currently is no set timeline established in the DDC. This date can be adjusted to reflect a realistic timeline, or can be removed and replaced with a reference to the Administrative Manual. Denton, Texas — Denton Development Code 11 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 1: General Standards '�.�a II!;;ir�fra�ir��ic�n�ir�� 1.6.5 Penaltiesand Remedies Director intends to take if the violation is not corrected and shall advise that the Director's decision or order may be appealed to the Zoning Board of Adjustment, pursuant to Subsection 2.8.3: Appea( of Administrative Decision. 4. Following an appeal to the City Council for failure to file a timely appeal of a decision, or notwithstanding the foregoing, when a delay would seriously threaten the effective enforcement of the DDC, or pose a danger to the public health, safety, and welfare, the Director may immediately issue an order for compliance by personal service, posting of the property, or certified mail with return receipt required to the owner of record of the subject property, or to the homeowners association, as applicable, and seek enforcement through the municipal court as authorized below. E. Continuation of Prior Enforcement Actions Nothing in this DDC shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous regulations. � �� II@��Ill��ui�� Ilf��ui�� A. Fines Any violator of this DDC shall be guilty of a misdemeanor, and upon conviction shall be subject to the penalties prescribed in Section 1-12, Municipal Code of Ordinances. B. Deny, Withhold, or Revoke Approval47 1. The issuing/approval authority shall have the power to deny, withhold, or revoke any form of approval issued under this DDC for violation of this DDC or violations of any conditions of approval. 2. The issuing/approval authority shall hold a hearing to determine the nature and extent of the alleged violation and shall have the power to deny, withhold, or revoke any form of approval issued under this DDC, to require the violator to take corrective measures, or to direct employees or agents of the City to enter onto the premises and to take the corrective measures required by the authority, the cost to be borne by the violator. 3. If the issuing/approval authority is the Director, then the hearing shall be held at the Zoning Board of Adjustment. 4. Any form of approval issued under this DDC may be denied, withheld, or revoked after notice and a hearing, when the Director determines that: a. There is a departure from the approved plans, specifications, limitations, or conditions as required under the approval; b. The approval was established by false representation; c. The approval was issued in error; or d. There is any other violation of this DDC. 47 New. The intent of these standards are similar to those in current 35.1.10.3; however, rather than limiting the affected applications to variances or special exceptions, these provisions apply broadly to all approvals granted by the City. Denton, Texas - Denton Development Code 12 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 1: General Standards '�.'�'�"ir�ir��6�6a�ir� frira�ic�n II�ir6a�ir If��ull��6a�ir�� 1.6.6 Continuation of Prior Enforcement Actions C. Stop-Work Orders48 1. The Building Official may issue a stop-work order whenever any building, structure, site, or portion of a building, structure, or site is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, in substantial violation of any state or local building provision, or in a manner that endangers life or property. 2. The Building Official may issue a stop-work order on any property with an uncorrected violation of this DDC or approval issued under this DDC. 3. A stop-work order shall be in writing and directed to the applicant/permit holder and/or person performing the work, and shall specify the provision of this DDC or other law in violation. 4. If a stop-work order is issued, no work shall proceed on any building, structure, site, or portion of a building, structure, or site subject to the order except to correct a violation or to comply with the order. 5. Once conditions cited in the stop-work order have been adequately addressed, the Building Official shall rescind the stop-work order. � �� m��uim��u��ui�m� ��' II@�ui�� Ilf�;m��'��°m�m�� ui�m�� Nothing in this Section shall be construed to prevent the City from pursuing any other remedies it may have for violations of this DDC. � �'7�� m��uim��uui��y ��' II@��ui�ui�m�� The provisions of this DDC, insofar as they are substantially the same as previously existing regulations relating to the same subject matter, shall be construed as restatements and continuations thereof and not new enactments. Any actions, proceedings, permits, or approvals commenced or issued pursuant to any previously existing ordinance and subject to Tex. Loc. Gov't Code § 245 shall not be affected by the enactment of this DDC. Any violation of the previous zoning and subdivision regulations will continue to be a violation under this DDC and be subject to penalties and enforcement under Section 1.6: Enforcement, unless the use, development, construction, or other activity complies with the provisions of this DDC. The enactment of this DDC shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of a previously existing ordinance occurring before [insert effective date of this DDC here]. � �'7�� III,,,,��III I �m��m��'��°mur�ui�� 'm�� II@�ui�� Ilf��ulll��ui�m�� 48 N ew. 49 New provisions addressing issues related to the transition from the current DDC to this Code. This section could remain in the Code as shown, or could be relocated to the adopting ordinance that accompanies the Code. Denton, Texas - Denton Development Code 13 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 1: General Standards '�.'�'�"ir�ir��6�6a�ir� frira�ic�n II�ir6a�ir If��ull��6a�ir�� 1.7.4 Uses, Lots, Structures, and Sites Rendered Nonconforming Any legal nonconformity under the previous zoning and subdivision regulations will be a legal nonconformity under this DDC, as long as the situation that resulted in the nonconforming status under the previous zoning and subdivision regulations continues to exist. If a nonconformity under the previous zoning and subdivision regulations becomes conforming because of the adoption of this DDC, then the situation will no longer be a nonconformity. ��'7�� '�� III,,,,�� 5��u��u�� m�� Sui�� Ilf��m�� I�m��m��'��muim�� A. When a lot is used for a purpose that was a lawful use before [insert effective date of DDC here] and this DDC no longer classifies such use as either a permitted use or conditional use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by the provisions of Section 1.5: Nonconformities. B. Where any building, structure, lot, or development site that legally existed on [insert effective date of DDC here] and does not meet all standards set forth in this DDC, such building, structure, lot, or site shall be considered nonconforming and shall be controlled by the provisions of Section 1.5: Noncon formities. � �'7�� II@�m��uim�� ,�,�Illui��ui�m�� A. Any complete application subject to Tex. Loc. Gov't Code § 245 that has been submitted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to [insert the effective date of this DDC here], shall be reviewed in accordance with the regulations in effect on the date the application was deemed complete unless the applicant requests otherwise pursuant to paragraph 1.7.5B below. If the applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of this DDC. Any re- application of an expired project approval shall meet the standards in effect at the time of re- application. B. An applicant with a complete application subject to Tex. Loc. Gov't Code § 245 that has been submitted for approval, but upon which no final action has been taken prior to [insert the effective date of this DDC here], may submit a written request for the complete application to be reviewed under this DDC. � �'7�� II@��Illui�°muim��y II@III�� ,�,��III� A. An application for which approval of a preliminary subdivision plat was granted prior to [insert the effective date of this DDC here], shall be considered as having received preliminary plat approval under this DDC. B. Preliminary approvals granted under the previous regulations shall be valid for two years from the date of approval. C. Failure to obtain a final plat approval in the time shall result in the expiration of the preliminary plat. D. In the instance of large tracts or blocks of land contained within a recorded subdivision and intended or designed for replatting into smaller tracts, lots, or building sites, the replatting shall comply with all provisions of this DDC except for those that, in the opinion of the Director, have been satisfied prior to filing of the original subdivision plat. Denton, Texas — Denton Development Code 14 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 1: '�.'�'�"ir�ir��6�6a�ir� frira�ic�n II�ir6a�ir If��ull��6a�ir�� 1.7.7 Approved Projects � �'7�'7 ,�,�� II@��j��.:�� A. Any permits, licenses, or approvals subject to the standards of this DDC that are valid on [insert the effective date of this DDC here], shall remain valid until their expiration date. Projects with valid permits, licenses, or approvals may be carried out in accordance with the zoning and subdivision regulations in effect at the time of approval, provided that the permit, license, or approval remains valid and has not lapsed. B. No provision of this DDC shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to [insert the effective date of this DDC here], unless the building permit has expired. C. The Director may renew or extend the time of a previous approval of an application that was administratively approved if the required findings or criteria for approval remain valid. Any extension granted shall not exceed one year in length, and no more than one extension may be granted. Non-administratively approved projects may be granted extensions from the reviewing body by which they were originally approved where such extension would be permissible under the zoning and subdivision regulations in effect at the time of approval. If those regulations are silent as to extensions then no extension may be granted. D. Any re-application for an expired project approval shall meet the standards in effect at the time of reapplication. ; i Upon [insert the effective date of this DDC here], land that is zoned with a zoning district classification from the previous zoning regulations shall be re-classified or translated to one of the zoning district classifications set forth in this DDC by separate action of the City Council. � �'7�� ,� Illm��,��ui�m�� Questions or disputes regarding zoning designations on the Official Zoning Map of City resulting from adoption of this new DDC shall be submitted to the Director for written interpretation. so Note that this would apply to existing ADPs. sl A zoning transition table similar to the table provided in the Transmittal Memo for Module 1 can be inserted here. This requires further discussion. Denton, Texas — Denton Development Code 15 Module 2- Administration and Procedures — Public Draft — March 2018 i . # ` ' � � � , . i . . � � ' i � � ` Commentary: This subchapter describes the process for reviewing and approving development applications in Denton. The subchapter begins with a summary table that provides a snapshot of the review procedures, the review and decision- making authorities, and public notice requirements. The next section describes the decision-making authorities in Denton as they relate to this DDC. The following section includes the common review procedures that apply to most development application types. Common review procedures will help Denton avoid repetition throughout the DDC and eliminate conflicting information among development applications. The remaining sections describe the application-specific development procedures, linking back to applicable common review procedures and noting any modifications or additions. Each specific procedure includes a flowchart depicting the steps for review and approval. The term "Director" is used throughout this article, and is defined as the Director of Development Services (or designee). The term "Planning Commission" or "P&Z" is defined as the Planning and Zoning Commission for the City of Denton. In this subchapter, we refer to an "administrative manual," which is proposed to include the requirements for application submittal materials, fees, time periods for review, and other administrative information that does not need to be included in this DDC. 2�� II@�u�,��.:�� This subchapter establishes procedures for the processing of planning and zoning actions that affect the development and use of property subject to the planning jurisdiction of the City. � � � A. Section 2.2: Summary Tab(e of Review Procedures, includes a summary table listing the land use and development procedures in the DDC. B. Section 2.3: Review and Decision-Making Bodies, describes the duties and membership of the boards, commissions, and committees that have review and decision-making responsibilities under this Code. C. Section2.4: Common Review Procedures, describes standard procedures that are applicable to most application types. D. Section 2.5: Deve(opment Permits and Procedures, describes the procedures for site-specific development provisions. E. Section 2.6: Subdivision Procedures, describes the procedures for applications for subdivision and conveyance of land. F. Section 2.7: P(an and DDCAmendments, describes the procedures for amending the comprehensive plan or amending the Code. G. Section 2.8, F(exibi(ity and Re(ief Procedures, describes the procedures for applications to vary from strict conformance with the Code and contains various relief provisions. Sz Replaces current 35.1.1. s3 New list of subchapter contents. Denton, Texas - Denton Development Code 16 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �� .�� 2.1.2 Organization ofthis Subchapter H. Section 2.9, Historic Preservation Procedures, describes the procedures for various applications related to historic properties. Commentary: The Summary Tab(e of Review Procedures is new to Denton and provides users with general information for how applications are processed. This draft proposes several changes from current practice in order streamline and eliminate unnecessary steps in the review process. As per the Assessment Memo, this draft grants more decision- making authority to the Director and City staff for applications that have clear approval criteria, including site plans, temporary use permits, change of use permits, minor plats, final plats, and development plats . The decision-making authority of the Planning and Zoning Commission has also been expanded, allowing the Commission to approve preliminary plats, conveyance plats, replats, and vacating plats. The City Council will still review plan and code amendment applications; however, development applications are proposed to be reviewed by the Director and/or the Planning Commission. To build this new table, we started with the Summary Tab(e of Procedures delivered in the Assessment Memo, but we propose some modifications in this draft following additional internal review: 1. Site Plan Review — Appeal authority proposed to be changed from P&Z to the Zoning Board of Adjustment. 2. Specific Use Permit — Carried forward. 3. Temporary Use Permit — Not previously included in the table. 4. Change of Use Permit — New procedure. 6. General Development Plan — We are having discussions with staff about how this process (current 35.16.10) can be carried forward and how it can better complement the preliminary platting process. We are currently examining ways to streamline this procedure. Revised content for this subsection will be available in the Consolidated Draft. 7. Minor Plat — Consolidated minor plat, minor replat, and amending plat into this procedure and renamed to "Administratively Approved Plat." 8. Preliminary Plat — Carried forward and recommend neighborhood meeting. 9. Final Plat — Carried forward. 10. Variance (Subdivision) — Did not carry forward. 11. Administrative Adjustment — Consolidated with religious freedom and renamed to "minor modification." 12. Alternative ESA Plan — Now requires staff review. 13. Special Sign District — Did not carry forward, content currently located in Section 33-18 of the Municipal Code of Ordinances. Table 2.A: Summary of Deve(opment Review Procedures lists the development applications authorized in this DDC. For each type of application, the table indicates the role of City review, noticing requirements, and decision-making and appeal authorities. Denton, Texas - Denton Development Code 17 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.� ��uic�nic�n�iry'�"�lbll� a�fr If��r6�v�o Il�ira��uir�� 2.1.2 Organization ofthis Subchapter s4 N ew. ss Amending Plat was folded into this procedure. s6 Tex. Loc. Gov't. Code 212.00065, minor plats that are disapproved administratively are to be referred to the municipal authority responsible for approving plats. 57 Having discussions with staff about how this process (current 35.16.10) gets carried forward and how it can better complement the preliminary platting process. We are currently examining ways to streamline the process. Denton, Texas — Denton Development Code Module 2- Administration and Procedures — Public Draft — March 2018 18 Subchapter 2: Administration and Procedures �.�3 If��r6�v�o �ir�� 11:��6�6a�ir�-d'��Ik6ir�� Il�a��6�� 23.1 Purpose Commentary: This new section carries forward some of the standards from the Municipal Code of Ordinances as it relates to the decision-making bodies of this DDC. We did not carry forward many of the specific duties of Denton's boards and commissions. Instead, we cross-referenced to those materials in the Municipal Code of Ordinances. 59 This procedure will be updated to reflect the revised ESA ordinance currently underway by City Staff. 6o These procedures will be updated to reflect the revised Historic Preservation ordinance currently underway by City Staff. Denton, Texas - Denton Development Code Module 2- Administration and Procedures - Public Draft - March 2018 �L Subchapter 2: Administration and Procedures �.�3 If��r6�v�o �ir�� 11:��6�6a�ir�—d'��Ik6ir�� Il�a��6�� 23.1 Purpose 2�� II@�u�,�� This section establishes and prescribes the basic duties and operating procedures of the administrative entities responsible for administering and enforcing this DDC. � See Chapter 2: Administration in the Municipal Code of Ordinances, Subpart A. 2�� II@Ill�m�m�uim�� m�� m�uim�� °m�°mui��ui�m�� A. Composition 1. A Planning and Zoning Commission is established which shall consist of seven real property taxpayers, who, during their respective terms of office and for at least one year prior to the beginning thereof, shall be residents of the City. 2. They shall be appointed by the City Council for a term of two years, provided four members shall be appointed each odd-numbered year and three members each even- numbered year. 3. The City Manager, Mayor, and the Director shall serve as ex-officio members of the Planning and Zoning Commission, but shall have no vote. 4. None of the appointed members shall hold any other public office or position in the City while serving on the Planning and Zoning Commission. 5. The Planning and Zoning Commission shall elect its chairman from among its members. Seven members shall serve without pay and shall adopt rules and regulations as they deem best governing their actions, proceedings, deliberations, and the times and places of meetings. 6. If a vacancy occurs on the Planning and Zoning Commission, the City Council shall appoint a commissioner to fill such vacancy for the unexpired term. B. Operational Procedures63 1. The Planning and Zoning Commission may adopt rules to govern its proceedings provided, that such rules are not inconsistent with this DDC or state law. 2. Meetings of the Planning and Zoning Commission may be held at the call of the chairman or at such other times as the Planning and Zoning Commission may determine and in accordance with the Texas Open Meetings Act, V.T.C.A. Government Code Ch. 551, (Vernon 2014), as amended. 3. The chairman or, in his or her absence, the acting chairman may administer oaths and compel the attendance of witnesses.64 4. The Planning and Zoning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep a record of its examination and other official actions, all of which shall 61 New. 6z From current 35.4.1. 63 From current 35.4.1.1. �` Ongoing discussion with City Attorney's Office regarding the necessity for the P&Z to administer oaths. Denton, Texas - Denton Development Code 20 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.�3 If��r6�v�o �ir�� 11:��6�6a�ir�-d'��Ik6ir�� Il�a��6�� 23.4 Zoning Board of Adjustment be immediately filed in the office of the Planning and Zoning Commission and shall be a public record. C. Powers and Duties of the Planning and Zoning Commissionbs 1. The Planning Commission shall have the review and decision authority as shown in Table 2.A: Summary of Deve(opment Review Procedures, pursuant to the application-specific procedures outlined in this DDC. 2. The Planning Commission also has the powers and duties permitted under Section 211.007 and Section 371.042 of the Tex. Loc. Gov't. Code. 2�� m�uim�� III�� ' �j�u��°m�m�� A. Composition 1. A Zoning Board of Adjustment (Board) is established which shall consist of seven members, each to be appointed by a majority of the City Council for staggered terms of two years and may be removed for cause by the City Council. 2. All members of the Zoning Board of Adjustment shall serve without pay. 3. Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause, in the same manner as the original appointment was made. 4. The City Council shall appoint three alternate members of the Zoning Board of Adjustment who shall serve in the absence of one or more of the regular members when requested. It shall be deemed at their appointment that they have been requested by the Mayor and City Manager to fill in for an absent regular member whenever requested by the Director. 5. The alternates shall be designated the first, second, and third alternate, and shall serve in the absence of one or more members. Alternate members shall serve in their designated numerical order. For example, in the absence of one member of the Zoning Board of Adjustment, the first alternate shall serve. 6. Alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years. Alternate members shall be subject to removal in the same manner as regular members. Any vacancy shall be filled in the same manner as for regular members for the unexpired term. B. Operational Proceduresb' 1. All cases to be heard by the Zoning Board of Adjustment shall be heard by a minimum number of six members. 2. The Zoning Board of Adjustment may adopt rules to govern its proceedings provided, however, such rules are not inconsistent with this DDC or state law. 3. Meetings of the Zoning Board of Adjustment may be held at the call of the chairman or at such other times as the Zoning Board of Adjustment may determine and in accordance with the Open Meetings Law. 6s This content will be updated to reflect the standards in part with the ESA ordinance currently underway by City staff. Did not carry forward exaction variances, alternative development plans, special exceptions, or hardship variances from subdivision procedures. 66 From current 35.4.2, revised as noted. 67 From current 35.4.2.1. Denton, Texas — Denton Development Code 21 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.�3 If��r6�v�o �ir�� 11:��6�6a�ir�-d'��Ik6ir�� Il�a��6�� 23.5 Historic LandmarkCommission 4. The chairman or, in his or her absence, the acting chairman may administer oaths and compel the attendance of witnesses. 5. The Zoning Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep a record of its examination and other official actions, all of which shall be immediately filed in the office of the Zoning Board of Adjustment and shall be a public record. 6. At a public hearing relative to an appeal, any interested party may appear before the Zoning Board of Adjustment in person or by agent or by attorney. 7. The burden of proof shall be on the applicant to establish the necessary facts to warrant favorable action of the Zoning Board of Adjustment on any matter. C. Powers and Duties of the Zoning Board of Adjustment68 1. The Zoning Board of Adjustment shall have the review and decision authority as shown in Table 2.A: Summary of Deve(opment Review Procedures, pursuant to the application-specific procedures outlined in this DDC. 2. The Zoning Board of Adjustment'sjurisdiction shall extend to and include the hearing and deciding of final decisions regarding changes, the reestablishment, or termination of a nonconforming use. 3. The Zoning Board of Adjustment also has the powers and duties permitted under Tex. Loc. Gov't. Code § 211.009. 2�� III��'ui��ui� Ill,,,,�m��m�� m�mui��ui�m�� A. Composition 1. There is hereby created a commission to be known as the Historic Landmark Commission of the City, hereinafter called the "Landmark Commission," composed of nine members appointed by the City Council. The Landmark Commission shall include at least one representative from each of the following organizations or professions: a. County Historical Commission; b. The County Bar Association; c. A Certified Public Accountant; d. A registered architect; e. An owner of real property in the City. 2. The other members of the Landmark Commission shall be appointed from such other individuals and organizations as the City Council may in its discretion wish to consult or consider; provided that no one business or professional interest shall constitute a majority membership of the Landmark Commission. 68 From current 35.4.2.2. Did not carry forward distinction between variances from the zoning regulations and variances from the sign regulations. This will need to be reconciled as content from the Code of Ordinances is repealed, moved, or amended with adoption of this draft. 69 From current 35.4.3, The content in this subsection is currently being reviewed as a separate project and may be updated in the Consolidated Draft to reflect those efforts. Denton, Texas — Denton Development Code 22 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.�3 If��r6�v�o �ir�� 11:��6�6a�ir�—d'��Ik6ir�� Il�a��6�� 23.5 Historic LandmarkCommission 3. In addition to the nine members appointed by the City Council, the following persons or their designees shall sit on the Landmark Commission as ex officio members: a. The Director; b. The Building Official; c. The Chairman of the County Historical Commission. 4. None of the ex-officio members shall have voting power, but shall assist the Landmark Commission in its various functions. 5. The fact that one or more representatives from five fields of expertise may not at any given point be a member of the Landmark Commission, for whatever reason, shall not affect the validity of any decision or act of the Landmark Commission. 6. Members of the Historic Landmark Commission shall be appointed for two-year staggered terms. Vacancies in an unexpired term shall be filled by the City Council for the remainder of the term. B. Operational Procedures70 1. The Historic Landmark Commission shall meet as often as necessary to dispose of the business of the Landmark Commission or upon call by the Landmark Commission chairman or upon petition of a simple majority of Landmark Commission members. 2. Five members present shall constitute a quorum for the transaction of business, and all issues shall be decided by a majority of those members present and voting, except that in those instances where only a quorum of five is present at a meeting, all issues shall be decided by at least four affirmative votes. 3. The Landmark Commission shall adopt appropriate rules and regulations for the conduct of its business and the election of its chairman and other officers. 4. The minutes of each meeting shall be filed in the office of the City Secretary. C. Powers and Duties of the Historic Landmark Commission" The Historic Landmark Commission shall have the review and decision authority as shown in Table 2.A: Summary of Deve(opment Review Procedures pursuant to the application-specific procedures outlined in this DDC, and the following additional powers and duties under this DDC: 1. The Landmark Commission shall thoroughly familiarize itself with buildings, structures, sites, districts, areas, and lands within the City that may be eligible for designation as historic landmarks and shall prepare an Historic Landmark Preservation Plan, hereinafter referred to as the "Preservation Plan," which shall: a. Establish criteria to be used in determining whether certain buildings, structures, sites, districts, areas, lands and other objects should be designated as historic landmarks; b. Establish guidelines to be used in determination of whether to grant or deny certificates of appropriateness and certificates of demolition or removal; c. Formulate a program for private and public action which will state the role of various City agencies in preservation of historic landmarks; 70 From 35.4.3.1. 71 From 35.4.3.2. Denton, Texas - Denton Development Code 23 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.�3 If��r6�v�o �ir�� 11:��6�6a�ir�-d'��Ik6ir�� Il�a��6�� 23.6 City Administration d. Suggest sources of funds for preservation and restoration activities and acquisitions, to include federal sources, state sources, private and foundation sources, as well as municipal sources; e. Recommend to the proper agencies incentives designed to encourage historic preservation. The Preservation Plan shall be presented to the Planning and Zoning Commission for consideration and recommendation to the City Council for inclusion in the comprehensive plan of the City. 2. The Landmark Commission shall recommend to the Planning and Zoning Commission ordinances designating certain buildings, structures, sites, districts, areas and lands in the City as historic landmarks. 3. The Landmark Commission shall hold a public hearing on all proposed ordinances and the owner of any land included in the proposed ordinance shall be given at least 15 days'7z written notice of the public hearing. 4. If the Landmark Commission finds that buildings, structures, sites, districts, lands or areas cannot be preserved without acquisition, the Landmark Commission may recommend to the City Council that the fee or a lesser interest of the property in question be acquired by gift, device, purchase, eminent domain or otherwise, pursuant to the Charter and state and federal law. 5. Where there are conditions under which the required preservation of an historic landmark would cause undue hardship on the owner, use district changes may be recommended by the Landmark Commission. 6. The designation of an historic landmark may be amended or removed using the same procedure provided in this article for the original designation. 7. The Landmark Commission shall provide information and counseling to owners of designated historic landmarks. 8. Any person making application to have any building, structure, site, district, area or land designated as an historic landmark pursuant to the provisions of this article shall pay to the Director a filing fee in an amount determined and as from time to time amended by ordinance by the City Council, a copy of which ordinance is on file with the Director. 2�� ur�y ��muim�ui��ui�m�� The Director of Development Services (referred to as "Director") shall have the responsibility for administering this DDC and shall have the review and decision-making responsibilities listed in Table 2.A: Summary of Deve(opment Review Procedures, and elsewhere in this DDC. 2��'7 Ilf;��lll�,��m�m�� ui�� m�mur�� 7z Changed from 10 days to be consistent with other noticing timelines in the DDC. 73 New. 74 Replaces current 35.4.4. Per staff's request, the role of the Development Review Committee has been changed to that of a Development Advisory Committee. Denton, Texas - Denton Development Code 24 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.4.1 Overview A. Composition 1. The Development Advisory Committee (DAC) is an advisory group of City staff inembers and outside agencies (as necessary) who meet to review and comment on development applications and discuss other matters related to the City's review and management of development. 2. The members of the Development Advisory Committee shall be composed of persons from various City departments, which have an interest in the development review and approval process, as designated by the Director.75 B. Powers and Duties of the Development Advisory Committee The Development Advisory Committee shall have the review authority and responsibilities shown in Table 2.A: Summary of Deve(opment Review Procedures and the following additional powers and duties under this DDC: 1. To assist the Planning Director in developing and maintaining an administrative manual, on request; 2. To provide expertise and technical assistance to the City's review and decision-making bodies on request; and 3. To review and comment on proposed amendments to the Comprehensive Plan. Commentary: This section consolidates review steps that are common to multiple application types to ensure that the basic procedural steps are consistently applied. This structure is intended to help users better understand the City's basic development review procedures, avoid duplication, and eliminate the need to amend multiple parts of the DDC with subsequent updates. Several of these common review procedures are new to the City and are based on other jurisdictions and tailored for Denton. We have left specific timelines for submittals and review in the DDC (highlighted with yellow) that may be useful as staff creates the Administrative Manual; however, we think these timelines can be relocated outside the DDC prior to adoption. This will allow staff flexibility in adjusting these timelines without having to complete a zoning code text amendment. We have noted where specific timelines are prescribed by state code. 2��I ��ui�� A. The common review procedures in this Section provide the foundation for specific review and approval procedures identified in Subsections 2.5 through 2.8. The common review procedures are illustrated in Figure 2.4-1. Tailored versions of this illustration appear in each of the specific application types. B. Not all common review procedures apply to every development application type. Sections 2.5 through 2.8 identify how these common review procedures are applied to specific application types, and identify additional procedures and requirements beyond the common review procedures. Figure 2.4-1: Summary of Common Review Procedures 75 Changed from City Manager to Director. Denton, Texas - Denton Development Code 25 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.4.2 Consistency with State and Federal Provisions i ' The notice, decision-making authority, public hearing, and other requirements for all approvals shall comply with the Tex. Loc. Gov't. Code and other applicable state and federal provisions. This Subchapter shall be interpreted and applied in accordance with all applicable state and federal provisions. If these requirements conflict with the Tex. Loc. Gov't. Code, the Tex. Loc. Gov't. Code requirements control. 2�� 5��,� � w II@��,,,, ,�,�Illui��ui�m� ��ui�ui��ui�� A. Pre-Application Conference" Purpose The pre-application conference is intended to provide an opportunity for a potential applicant to meet with City staff to review submittal requirements, procedures, and schedules; discuss details and potential impacts of the proposed project; and establish points of contact for the development review process. Applicability A pre-application conference is required prior to certain types of applications, as listed in Table 2.A: Summary of Deve(opment Review Procedures and Section 2.4: Common Review Procedures. Procedure a. Request The applicant shall submit a request for a pre-application conference to the Development Services Department. b. Scheduling The Director shall coordinate with the applicant and facilitate the meeting, including the time and location of the meeting. 76 New. " Replaces current 35.16.9. Denton, Texas - Denton Development Code 26 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.43 Step 1: Pre-Application Activities ii. Applicants are advised that the meeting should take place prior to any substantial investment, such as a land acquisition for a proposed development, site and engineering design, or the preparation of other data. c. Meeting Process At the meeting, City staff may: i. Determine the required application(s) and the timing of multiple application submittals (i.e., whether they may be processed concurrently or must be processed sequentially); ii. Provide the applicant with application materials and inform the applicant of submittal requirements and procedures; iii. Provide the applicant with an estimated time frame for the review process; iv. Based on a conceptual plan of the proposal (if required), generally discuss compliance with the DDC's zoning, use, and design and development standards, and attempt to identify potentially significant issues regarding compliance; v. Refer the applicant to other departments or agencies to discuss potential significant issues prior to application submittal; and vi. Consider or answer questions by the applicant relating to the application process, the standards established in this DDC, required documents, fees, and any other inquiries relating to the application. 4. Effect Any information or discussions held as part of the pre-application conference shall not be binding on the City or the potential applicant. Discussions of potential conditions to mitigate impacts do not reflect actions by the decision-making body until and unless a decision-making body takes formal action to attach that condition to a development approval. B. Neighborhood Meeting78 Purpose The purpose of the neighborhood meeting is to allow residents, businesses, and organizations in the area surrounding a proposed development project an early opportunity to learn about the project details and to provide feedback to the potential applicants before significant funds have been spent on project design and engineering. Applicability A neighborhood meeting shall be recommended or required as indicated in Table 2.A: Summary of Deve(opment Review Procedures.79 '$ New. This process was recommended by city staff to engage the public early in the development process; which allows the developer to get neighborhood feedback in the early stages of project design. Not all applications will warrant the need for a neighborhood meeting. 79 The summary of development review procedures table currently only recommends that a neighborhood meeting be held. If staff prefers specific application types require a neighborhood meeting we can revise the table. It is also possible to require these meetings at the Director's discretion. Denton, Texas — Denton Development Code 27 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.4.4 Step 2: Application Submittal and Processing Notification Notification of the required neighborhood meeting shall be sent by mail or electronically to those registered neighborhood groups that have boundaries included within the proposed project site, and to all property owners within 200 feet of the project site, at least 10 days prior to the meeting date. 4. Meeting Specifics a. City staff may attend the meeting, but are not required to attend nor facilitate the meeting. b. The potential applicant shall present information about the proposed land uses, dimensional standards, location of buildings, scale of buildings, and overall site layout and design. Detailed engineering is not required. The material presented shall be adequate to describe the project features without the need for the applicant to have retained architects, engineers, or consultants. c. The potential applicant shall only be required to hold one meeting if required, but may agree to conduct additional meetings before or after filing an application. Summary Required with Application Submittal Details of the meeting, including proof of notification, a meeting summary, and a list of meeting attendees, as well as copies of any exhibits used at the meeting, shall be provided with the filing of the project application pursuant to Subsection 2.4.4. 2�� 5��,� 2w ,�,�Illui��ui�m� S�u �°mur��lll �m�� II@��uim�� A. Authority to Submit Application80 Unless expressly stated otherwise in this DDC, a development application shall be submitted by: 1. The owner, contract purchaser, or any other person having a recognized property interest in the land on which development is proposed; or 2. A person authorized to submit the application on behalf of the owner, contract purchaser, or other person having a recognized property interest in the land, as evidenced by a letter or document signed by the owner, contract purchaser, or other person; or 3. If there are multiple owners, contract purchasers, or other persons authorized to submit the application, all such persons shall sign the application or a letter or document consenting to the application. B. Application Content81 1. The application shall be submitted to the Department of Development Services. 2. The application shall be submitted on a form established by the Director. 3. The applicant bears the burden of ensuring that an application contains sufficient information to demonstrate compliance with application requirements. 4. The application shall include all required information as indicated in the Administrative Manual, and any additional information requested by the Director or other staff during a pre-application conference. 80 Replaces current 35.16.8. Suggesting that all applications are submitted to the Director. al New. Denton, Texas - Denton Development Code 28 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.4.4 Step 2: Application Submittal and Processing C. Application Fees82 1. Application fees shall be paid at time of submittal according to the type of application. Fees shall be established by resolution by the City Council. 2. All fees required by this DDC, the Administrative Manual, or otherwise prescribed in the Municipal Code of Ordinances shall be paid to and collected by the Department of Development Services. 3. Where initial application fees are based on the estimated costs of review of the application by an outside consultant (for example, review of a project's traffic impacts by a traffic consultant), and the Director determines that additional funds are needed to complete the consultant's review, the Director may impose additional application fees to recover the City's actual costs in completing review. Prior to imposing such additional fees, the Director shall notify the applicant of the additional fees and provide the applicant with the option to move forward or withdraw the application. D. Submittal and Review Schedule The Director shall establish a submittal and review schedule for development applications and shall include that information in the Administrative Manual. The Director may amend the schedule to ensure effective and efficient review under this DDC. E. Determination of Application Completeness83 Application Materials a. No application is complete unless all of the information required by Subchapter 2: Administration and Procedures, the Administrative Manual, and any application materials required by the Department of Development Services are included, and all required filing fees are paid. b. An application is not considered filed until it is complete. c. The applicant shall file an application in advance of any required public hearing or public meeting where the application is considered. d. The Director may establish a schedule for filing and reviewing any application that requires action by the City Council, Planning and Zoning Commission, Zoning Board of Adjustment, Historic Landmark Commission, Director, or Building Official. The schedule shall provide adequate time for notice and/or publication consistent with the applicable state statutes and this Subchapter. Completed applications shall be filed according to any published schedule. e. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this DDC, other Ordinances of the City of Denton, or state or federal law. 8z New. 83 Previously 35.3.2.B.2, 4, 5, and 6; and includes standards from Subdivision procedures in 35.16.8 (application and fees). These standards were merged for clarity and consistency. Removed standard "proposed use must be permitted" from 35.16.8.G. That requirement should be addressed prior to application submittal - likely through the Pre-Application Conference and it is not necessary to include in the development code. Denton, Texas - Denton Development Code 29 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.4.4 Step 2: Application Submittal and Processing Review Procedure85 a. No later than 10 business days86 after an application is filed, the Director shall determine whether the application is complete and shall transmit a written determination to the applicant. If the written determination is not made within this time period, the application is deemed complete. Failure to complete this review within the specified time does not constitute approval and does not give rise to any cause of action against the City. b. If the application is determined not to be complete, the Director shall provide written notice to the applicant of the failure. The notice shall specify the necessary documents or other information and the date the application will expire if the documents or other information is not provided. The Director shall provide this notice no later than the 10th business day after the date the application is filed. c. The application expires on or after the 45th day$' after the date the application is filed if: i. The applicant fails to provide documents or other information required by paragraph 2.4.4B above; ii. The Director provides the notice described in 2.4.4E.2.b, above; and iii. The applicant fails to provide the specified documents or other information within the time provided in the notice. d. If an application expires, the City shall not process the application. The applicant shall file a new application to obtain the requested approval. e. An applicant and the Director may mutually agree to an extension of any time limit provided by this section. Notice of Application Acceptance When the Director determines that an application is filed in proper form and is ready to be formally accepted, the Director shall notify the applicant in writing. The application is then processed according to the remainder of this subchapter, including referrals to outside agencies and scheduling for public hearing and/or meetings, as applicable. 4. Time Limits Triggered by Complete Application Whenever this subchapter establishes a time period for processing an application, the time period does not begin until the Director has reviewed the application for completeness and the applicant has corrected all deficiencies in the application. Appeal If the application is determined to be incomplete, the applicant may appeal that decision in writing to the Zoning Board of Adjustment pursuant to Subsection 2.8.3: Appea( of Administrative Decision. 85 Replaces 35.16.8.C. 86 Established in Tex. Loc. Gov't. Code 245.002(e)(2). $' Established in Tex. Loc. Gov't. Code 245.002(e). Denton, Texas - Denton Development Code 30 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.4.5 Step 3: Staff Review and Action F. Minor Application Revisions91 1. An applicant may revise an application after receiving notice of compliance deficiencies following staff review according to Subsection 2.4.5, or on requesting and receiving permission from an advisory or decision-making body after that body has reviewed, but not yet taken action on, the application. 2. Revisions shall be limited to changes that directly respond to specific requests or suggestions made by staff or the advisory or decision-making body, as long as they constitute only minor additions, deletions, or corrections and do not include significant substantive changes to the development proposed in the application, as determined by the Director. 3. All other application revisions shall be processed as a new application per this Subsection2.4.4. G. Application Withdrawal92 1. After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a letter of withdrawal to the Director. 2. An applicant is not entitled to a refund of application fees for withdrawn applications; however, the Director may refund fees not expended if the application is withdrawn. 3. If an applicant fails to respond to staff comments within 45 days, or an application is otherwise determined by the Director to be inactive for a period of 45 days, then the Director may withdraw the application 93 H. Concurrent Review94 1. Where possible without creating an undue administrative burden on the City's decision- making bodies and staff, this Subchapter intends to accommodate the simultaneous processing of applications for different permits and approvals that may be required for the same development project in order to expedite the overall review process. 2. Review and decision-making bodies considering applications submitted simultaneously shall render separate reports, recommendations, and decisions on each application based on the specific standards applicable to each approval. 3. Some forms of approval depend on the applicant having previously received another form of approval, or require the applicant to take particular action within some time period following the approval in order to avoid having the approval lapse. Therefore, even though this Subchapter intends to accommodate simultaneous processing, applicants should note that each of the permits and approvals set forth in this Subchapter has its own timing and review sequence. 2�� 5��,� �w 5��`�' Ilf��ui�� m�� ui�m� 91 New. 92 New. 93 The 45 day period is established in Tex. Loc. Gov't. Code 245.002(e). 94 N ew. Denton, Texas - Denton Development Code 31 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.4.5 Step 3: Staff Review and Action A. Refer Application to Staff and Review Agencies The Director shall distribute the complete application to appropriate staff and appropriate internal and external review agencies per the Administrative Manual. B. Staff Reviewand Application Revisions95 Staff shall review the application and submit recommendations and comments to the applicant in a form established by the Director. The application shall not move forward for further review until the Director determines that the applicant has adequately responded to staff recommendations and comments. C. Applications Subject to Staff Recommendation Staff Report The Director shall submit a written report to the agency with recommending or decision- making authority. The Director's report shall include the reports and recommendations of other City departments, if applicable and shall state whether or not the application complies with all applicable DDC requirements. The staff report may also include a recommendation for a decision by the authorized decision-making body and recommend how noted deficiencies may be corrected and negative impacts mitigated. Distribution and Availability of Application and Staff Report Within 72 hours before a meeting or hearing at which a development application is scheduled for review by an advisory or decision-making body, the Director shall submit a copy of the staff report to the applicant and advisory or decision-making body, and shall make the staff report and all related materials available for public review. Forwarding Applications for Review The Planning and Zoning Commission may remand the application back to the Director for further consideration, and the City Council may remand the application back to the Planning and Zoning Commission for further consideration. D. Applications Subject to Staff Decision If an application is subject to staff review and a final decision by the Director per Table 2.A: Summary of Deve(opment Review Procedures, the Director shall make a decision based on the review standards applicable to the application type. The decision shall be in writing and shall clearly state reasons for a denial or for conditions of approval. The Director may, at his/her discretion, require that the application be forwarded to the Planning and Zoning Commission for their review. 95 This is a broad statement that should be clearly outlined in the Administrative Manual. It is important that Denton establish a framework for how applications are submitted, the timeline for review, and how often the applicant can resubmit without incurring additional fees. In our experience, development review can be frustrating for all parties involved if staff redlines and applicant resubmittals are delivered piecemeal and without an established process. Denton, Texas — Denton Development Code 32 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.4.5 Step 3: Staff Review and Action E. Approval Criteria Applicable to all Applications97 Generally a. Unless otherwise specified in this DDC, City review and decision-making bodies shall review all development applications submitted pursuant to this subchapter for compliance with the general review criteria stated below. b. The application may also be subject to additional review criteria specific to the type of application, as set forth in Sections 2.5 through 2.8. c. If there is a conflict between the general review criteria in this section and the specific review criteria in Sections 2.5 through 2.8, the applicable review criteria in Sections 2.5 through 2.8 controls. Prior Approvals The proposed development shall be consistent with the terms and conditions of any prior land use approval, plan, or plat approval that is in effect and not proposed to be changed. This includes an approved phasing plan for development and installation of public improvements and amenities. Consistent with Comprehensive Plan and Other Applicable Plans The proposed development shall be consistent with the comprehensive plan and any applicable plans. The decision-making authority: a. Shall weigh competing plan goals, policies, and strategies; and b. May approve an application that furthers the overall goals of the comprehensive plan even if the development does not match the future land use designation in the comprehensive plan. 4. Compliance with This DDC a. The proposed development shall comply with all applicable standards in this DDC, unless the standard is lawfully modified, or varied. b. Compliance with these standards is applied at the level of detail required for the subject submittal. Compliance with Other Applicable Regulations The proposed development shall comply with all other City regulations and with all applicable regulations, standards, requirements, or plans of the federal or state governments and other relevantjurisdictions. This includes, but is not limited to, wetlands, water quality, erosion control, and wastewater regulations. Consistent with Interlocal Agreements The proposed development shall be consistent with any adopted interlocal agreements, and comply with the terms and conditions of any interlocal agreements incorporated by reference into this DDC. Minimizes Adverse Environmental Impacts The proposed development shall be designed to minimize negative environmental impacts, and shall not cause significant adverse impacts on the natural environment. Examples of 97 New language that we often include in development codes to establish a legal foundation for decision making Denton, Texas - Denton Development Code 33 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.4.5 Step 3: Staff Review and Action the natural environment include water, air, noise, stormwater management, scenic resources, wildlife habitat, soils, and native vegetation. Minimizes Adverse Impacts on Surrounding Property The proposed development shall not cause significant adverse impacts on surrounding properties. Minimizes Adverse Fiscal Impacts The proposed development shall not result in significant adverse fiscal impacts on the City. 10. Compliance with Utility, Service, and Improvement Standards As applicable, the proposed development shall comply with federal, state, county, service district, City and other regulatory authority standards, and design/construction specifications for roads, access, drainage, water, sewer, schools, emergency/fire protection, and similar standards. 11. Provides Adequate Road Systems Adequate road capacity must exist to serve the uses permitted under the proposed development, and the proposed uses shall be designed to ensure safe ingress and egress onto the site and safe road conditions around the site, including adequate access onto the site for fire, public safety, and EMS services. 12. Provides Adequate Public Services and Facilities Adequate public service and facility capacity must exist to accommodate uses permitted under the proposed development at the time the needs or demands arise, while maintaining adequate levels of service to existing development. Public services and facilities include, but are not limited to, roads, domestic water, sewer, schools, public safety, fire protection, libraries, and vehicle/pedestrian connections and access within the site and to adjacent properties. 13. Rational Phasing Plan If the application involves phases, each phase of the proposed development shall contain all of the required streets, utilities, landscaping, open space, and other improvements that are required to comply with the project's cumulative development to date, and shall not depend upon subsequent phases for those improvements. F. Conditions of Approval98 1. Except for zoning map amendments or annexations, where this DDC authorizes a review body to approve or deny an application subject to applicable criteria, the review body may approve the application with conditions necessary to bring the proposed development into compliance with this DDC or other regulations, or to mitigate the impacts of that development on the surrounding properties and streets. 2. All conditions of approval shall be reasonably related to the anticipated impacts of the proposed use or development or shall be based upon standards duly adopted by the City. Such conditions may include those necessary to carry out the purpose and intent of the City's comprehensive plan, other adopted City plans, and this DDC. 98 Replaces 35.6.5. This new language enables the decision-making body to impose conditions; however, rather than attempting to list specific elements of a project that can be conditioned, this language provides more flexibility and is more general in nature. Denton, Texas — Denton Development Code 34 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.4.6 Step 4: Scheduling and Notice of Public Meetings/Hearings 3. No conditions of approval shall be less restrictive than the requirements of this DDC, except where the DDC expressly allows deviations. 4. Any condition of approval that requires an applicant to dedicate land or pay money to a public entity in an amount that is not calculated according to a formula applicable to a broad class of applicants shall be roughly proportional both in nature and extent to the anticipated impacts of the proposed development, as shown through an individualized determination of impacts. 5. During its consideration, the decision-making body may consider alternative potential conditions, and no discussion of potential conditions shall be deemed an attempt or intent to impose any condition that would violate the federal or state constitutions, statutes, or regulations. Discussions of potential conditions to mitigate impacts do not reflect actions by the decision-making body unless and until the decision-making body takes formal action to attach that condition to a development approval. g9 6. Unless otherwise provided in this DDC, any representations of the applicant in submittal materials or during public hearings shall be binding as conditions of approval. 2�� 5��,� �w 5��ullluim�� m�� I��ui�� ' II@�u Illui� ��uim��/III��'��uim�� Commentary: These procedures consolidate the public noticing requirements scattered throughout the current DDC. The current regulations vary in how development applications are noticed and the applicable timeframes required. We are proposing a more standardized notification procedure, with 15 days for all notices. A. Scheduling 1. If an application is subject to a public hearing per Table 2.A: Summary of Deve(opment Review Procedures, the Director shall schedule the public hearing for either a regularly scheduled meeting or special meeting of the appropriate decision-making body. 2. Unless otherwise specified, notice for public hearings shall be provided at least 15 days before the date of the hearing. B. Public Notice101 All public hearings required by this DDC shall be preceded by the notices identified in Table 2.A: Summary of Deve(opment Review Procedures. Contents of Notice Required published or mailed notices shall: a. Identify the application by type and application number; b. Describe the nature and scope of the proposed development; c. Identify the address or location of the property subject to the application and the name of the applicant or the applicant's agent; 99 New. We include this provision in development codes to protect local governments based on recent case law, specifically Koontz vs. St John's River Water Management District The intent is to clearly designate that "talk is talk" concerning mitigating conditions, unless and until it is integrated into an official decision by a local government. lol The Texas Open Meetings Act (Texas Government Code Chapter 551) only requires a 72-hour notice for public meetings; however, a 10 day written notice is required for a public hearing before the Planning and Zoning Commission (as prescribed in Tex. Loc. Gov't. Code 211.007). This requires further discussion with staff. Denton, Texas — Denton Development Code 35 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.4.6 Step 4: Scheduling and Notice of Public Meetings/Hearings d. Identify the date, time, and location of the hearing being noticed; e. Identify where and when the application and associated materials may be inspected by the public; f. Include a statement that the public may appear at the public hearing or be heard and submit evidence and written comments with respect to the application; and g. Include a statement indicating the City will accept public comments prior to the public hearing, describing where written comments will be received, and stating that comments must be submitted prior to the close of the public hearing in order to be entered into the record. Published Notice When published notice is required, the Director shall prepare the content of the notice and publish the notice in an official newspaper or a newspaper of general circulation in the City. The content and form of the published notice shall be consistent with Chapter 211, Tex. Loc. Gov't. Code. Written (Mailed) Notice a. Written notice is required if this DDC requires a public hearing on the application. b. When written notice is required, the Director shall prepare and mail the written notice. c. Table 2.A: Summary of Deve(opment Review Procedures, indicates when written notice is required. d. The Director shall send the written notice to: The owner of the property for which the approval is sought, and ii. Each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property, as measured from the property boundaries, including streets, alleys, and other rights-of-way; and iii. Courtesy notices shall be mailed to all properties within 500 feet of the subject property, as measured from the property boundaries.loz iv. Any other parties entitled to receive written notice by mail under state law. e. The notice required by this DDC shall be postmarked no later than 10 days prior to the public hearing via first class mail. f. The applicant shall be responsible for the cost of the mailings and the published notice. 4. Posted Notice a. Required posted notice shall include at least one sign on the subject property at least 10 days prior to the public hearing. b. The applicant shall be responsible for posting the required sign(s). c. The sign(s) shall be clearly visible from adjacent streets or public rights-of-way and shall remain on the property until action is taken on the application. d. The Director may require additional signs based on access and configuration of the property. ioz From current 35-44 of the Municipal Code of Ordinances; this is not required by state law. Denton, Texas - Denton Development Code 36 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.4.7 Step 5: Review and Decision e. Required posted notice shall: i. Identify the application by type and application number; ii. Describe the nature and scope of the proposed development; iii. Identify the date, time, and location of the hearing being noticed; and iv. Identify a telephone number for additional information. f. It is unlawful to intentionally or knowingly remove a notification sign that has been posted pursuant to this section, or to in any way tamper with or conceal the sign message. Other Notices Applicants are responsible for any additional notice requirements in this DDC, other City ordinances, or state law. Certification of Notice'o4 The applicant shall provide certification that proper notice has been posted, including photographic evidence (for posted notices) and a signed affidavit. The format of such certification shall be established by the Director. The applicant shall submit the certification to the Director at least seven days prior to the scheduled public hearing. C. Constructive Notice Minor Defects in Notice Shall Not Invalidate Proceedings Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. Failure to Receive Notice Shall Not Invalidate Action Failure of a party to receive written notice shall not invalidate subsequent action. Re-Noticing A new notice is required if there is a substantial difference between the action described in the notice and the final action, unless the final action is a smaller change from the existing situation. 2��'7 5��,� �w Ilf��ui�� m�� Ilf;��ui�ui�m��:' The application shall be subject to review, hearings, recommendations, and decisions as indicated in Table 2.A: Summary of Deve(opment Review Procedures and the following: A. Generally 1. If the application is subject to a public hearing, the applicable review body shall hold a public hearing on the application in accordance with Subsection 2.4.6. 104 New. ios Replaces 35.3.5. Denton, Texas - Denton Development Code 37 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.4.8 Step 6: Post-Decision Actions and Limitations 2. The applicable review body shall consider the application, relevant support materials, staff report, and any evidence and public comments from the public hearing (if required). 3. The applicable review body shall approve, approve with conditions, or deny the application based on the applicable approval criteria, including the general criteria in 2.4.5E, Approval Criteria Applicable to all Applications, and the specific standards in Sections 2.5 through 2.8. 4. If the review involves a quasi judicial hearing, the recommendation or decision (as applicable) shall be based only on the record of the public hearing and shall be made in writing; include findings of fact based on competent, material, and substantial evidence presented at the hearing; reflect the determination of contested facts; and state how the findings support compliance with applicable review standards. B. Conditional Approvals The decision-making body may incorporate or require, as part of a condition of approval, a written agreement between the applicant and the City that enforces the conditions. All conditions shall comply with the limitations in 2.4.5F, Conditions of Approva(. C. Postponement of Public Hearings at Applicant's Request An applicant may request a postponement of the scheduled public hearing at least seven business days prior to the scheduled public hearing. If any publication or notice is provided by the City, the applicant is responsible for any costs or fees associated with the postponement. If the request is submitted less than seven days prior to the scheduled public hearing, the decision- making body may, in its discretion, either hold or continue the public hearing. D. Continuances The decision-making body may continue a hearing to a specified date, time, and place. The date of continuance shall be made part of the motion and publicly announced at the public hearing. The Director shall ensure that notice of the continuance is posted at least 72 hours before the continued public hearing date in the same manner as originally posted. Publication or property owner notification of the continued date is not required, unless required by state law or recommended by the hearing body or the Director. E. Tabling a Decision A decision-making body may close a public hearing and table the decision. The request shall appear on each subsequent agenda unless the decision is deferred to a specific date. F. Other Rules to Govern Other matters pertaining to the public hearing shall be governed by other provisions of these regulations applicable to the body conducting the hearing and its adopted rules of procedure. G. Findings All decisions shall include the following elements at a minimum: 1. A clear written statement of approval, approval with conditions, or denial, whichever is appropriate; and 2. A clear written statement of the basis upon which the decision was made, including specific findings of fact with reference to the relevant standards of this DDC. 2�� 5��,� �w II@��,,,,Ilf;��ui�ui�m� ��ui�m�� m�� Ill,,,,ui�°mur��ui�m�� Denton, Texas — Denton Development Code 38 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.4.8 Step 6: Post-Decision Actions and Limitations A. Notice of Decision 1. Within 10 days after a final decision on an application, the Director shall provide written notification of the decision via personal delivery, electronic mail, or first-class mail to the applicant and make a copy of the decision available to the public in the Planning and Development Department. 2. If the review involves a quasi judicial hearing, the Director shall, within 10 days after a final decision on the application, also provide a written notification of the decision via personal delivery, electronic mail, or first-class mail to the owner(s) of the subject site, and any other person that submitted a written request for a copy of the decision before its effective date. B. Appeal 1. A party aggrieved or adversely affected by any decision by the City Council or Zoning Board of Adjustment may seek review of the decision in the courts in accordance with applicable state law. 2. A party aggrieved by other final decisions may appeal the decision in accordance with the procedures and standards in Subsection 2.8.3 and as set forth in Sections 2.5 through 2.8, as applicable. C. Expiration of Approval 1. An application approval under this subchapter expires if no progress is made towards completion of the project within two years after it is approved or the expiration date provided in Sections 2.5 through 2.8, whichever occurs later. 2. A change in ownership of the land shall not affect the established expiration time period of an approval. 3. For purposes of this subsection, progress towards completion of the project is as defined in Tex Loc. Gov't. Code § 245.005. D. Modification or Amendment of Approval Unless otherwise provided in this DDC, any modification of an approved plan, permit, or condition of approval shall require a new application that is submitted and reviewed in accordance with the full procedure and fee requirements applicable to the particular type of the original application. E. Extensions of Approval Period 1. The original approval body may grant one extension of an approval period of up to one year for good cause. 2. All requests for extensions shall be submitted to the Director in writing at least 30 calendar days prior to the expiration of approval. 3. An extension request shall include: a. A narrative stating the reasons for the applicant's inability to comply with the specified deadlines; and b. A narrative describing any changes in the character of the neighborhood, the Comprehensive Plan, or this DDC that have occurred since approval of the permit/plan; c. How any changes described in 2.4.8E.3, above, affect the permit/plan; and d. The anticipated time schedule for completing the review project and/or the specific project. Denton, Texas — Denton Development Code 39 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.� G,"a�ic�nic�n�ir� If��r6�v�o Il�ira��uir�� 2.4.8 Step 6: Post-Decision Actions and Limitations 4. Additional review of the permit/plan may result in additional conditions, as applicable. F. Limitation on Subsequent Similar Applications Following denial of an application, applications shall be deemed incomplete that are the same or substantially similar within one year of the previous denial. This waiting period may be waived by the decision-making body provided that: 1. There is a substantial change to circumstances, or new information available, relevant to the issues or facts considered during the previous application review; or 2. The new application is materially different from the previous application, as determined by the Director. Denton, Texas — Denton Development Code 40 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.5 Il:��r�lla��pic�n�ir�� Il��irm�n6�� ir�� Il�ira��uir�� 2.5.1 Site Plan Review 2�� Sui�� II@Ill�m� Ilf��ui�� Commentary: The current procedures for reviewing and approving site plans are located within Subchapter 13 — Site Design Standards. The procedure was relocated here and revised to clarify its purpose and applicability. New thresholds for when a site plan is required are proposed, replacing those currently found in the site design standards. The approval authority has been changed from the Development Review Committee to City Staff. A. Purpose'ob The site plan review procedure is intended to ensure compliance with the development and design standards of this DDC and to encourage quality development reflective of the adopted goals and objectives of the City. The site plan review procedure ensures that proposed development applications address and mitigate potential adverse impacts associated with the proposal. B. Applicability107 Site plan review is required for the following types of activities. All other activities are exempted. Residential a. New construction or redevelopment of multifamily buildings. b. Expansion of multifamily buildings by more than 10 dwelling units or 10 percent of the number of existing units, whichever is less. c. Reconstruction of a multifamily building after voluntary demolition. Mixed-Use and Nonresidential a. New construction or redevelopment of mixed-use or nonresidential buildings. b. Expansion of a mixed-use building by more than 2,000 square feet of nonresidential space or the lesser of more than 10 dwelling units or 10 percent of the number of dwelling units. c. Expansion of a nonresidential building by the greater of either 2,000 square feet or more or 20 percent of the total square footage of the building. d. Reconstruction of a mixed-use or nonresidential building after voluntary demolition. C. Site Plan Procedure Figure 2.5-1 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of site plans. Additions or modifications to the common review procedures are noted below. Figure 2.5-1: Summary of Site Plan Procedure l06 New. lo' These thresholds for when a site plan is required replace those in Section 35.13.2.a and are based on prior recommendations from staff. They are for discussion purposes and should be revisited following the drafting of Module 3: Development Standards. Denton, Texas - Denton Development Code 41 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.5 Il:��r�lla��pic�n�ir�� Il��irm�n6�� ir�� Il�ira��uir�� 2.5.1 Site Plan Review Pre-application conference required 1 2 Submit to Review and This step does This step does Site plan expires Director decision by not apply not apply after 24 months Director inactivity Step 1: Pre-Application Activities a. Pre-Application Conference A pre-application conference shall be held in accordance with Subsection 2.4.3. b. Neighborhood Meeting A neighborhood meeting is not required. Step 2: Application Submittal and Processing108 a. Generally i. The site plan application shall be submitted and accepted, and may be revised or withdrawn, in accordance with paragraph 2.4.4. ii. The Director may require at any stage of review of any site plan, submission of any plan, study, survey or other information, in addition to that specified in this article or the Administrative Manual, and at the applicant's expense, as determined necessary to enable review, recommendation, and/or approval of the site plan. b. Concurrent Review Civil Engineering Plans10 For properties that have already been platted, the Director may require submittal of civil engineering plans for proposed streets, sidewalks, drainage, utility, or other public improvements associated with the site plan review. If required, such civil engineering plans may be submitted and reviewed concurrently with the site plan application. ios Did not carry forward TIA requirements from 35.13.3.B. llo New. Denton, Texas - Denton Development Code 42 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.5 Il:��r�lla��pic�n�ir�� Il��irm�n6�� ir�� Il�ira��uir�� 2.5.1 Site Plan Review Other Applications"' An application for a site plan approval may be submitted and reviewed concurrently with rezonings, specific use permits, subdivision applications, and variance applications. In such case, decisions can be made on concurrent applications at the same public hearing (where applicable) provided that the appropriate approval body shall not decide the site plan approval application until after an official decision is made on the rezoning, subdivision, and/or variance application. Step 3: Staff Review and Action"Z The Director shall review the site plan application and approve, approve with conditions, or deny the application in accordance with Subsection 2.4.5, which includes general approval criteria applicable to all applications, and the following specific approval criteria: a. The lot on which the development is proposed has been legally platted or is otherwise exempt from platting requirements; b. The site plan complies with all site specifications adopted by the City. 4. Step 4: Scheduling and Notice of Public Meetings/Hearings Not required. Step 5: Review and Decision Review and decision is subject to paragraph 2.5.1C.3. Step 6: Post-Decision Actions and Limitations a. No Building Permit without Approval13 No building permit shall be issued until the site plan and any associated construction plans have been approved. b. Lapse of Approval14 Unless otherwise provided in the conditions of approval, site plans shall expire after 24 months if the authorized use or construction has not obtained all necessary permits. Extensions may be granted by the Director for good cause shown due to unforeseen circumstances such as changes in market conditions, lack of available financing, changes in financial condition of the applicant, or application for amendments to the approved site plan. Such extensions may only be granted if a written request is made to the Director prior to expiration. c. Amendments15 During construction, the Director may authorize minor adjustments without requiring resubmittal of a site plan application provided such adjustments: Comply with the standards of this DDC; 111 New. The procedures for concurrent reviews requires further discussion in terms of the order of approvals required, and whether or not those approvals can occur at the same meeting and by the same approval body. llz From current 35.13.4. A more comprehensive list of approval criteria is provided in the Common Review Procedures Section 2.3) 113 N ew. 114 New. The 24-month time frame was included for consistency with specific use permit expiration. lls New. We often include these new suggested allowable adjustments to allow staff to efficiently conduct business without overly burdening the developer when unforeseen changes arise. Denton, Texas — Denton Development Code 43 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.5 Il:��r�lla��pic�n�ir�� Il��irm�n6�� ir�� Il�ira��uir�� 2.5.1 Site Plan Review ii. Are necessary to meet provisions of the building code or other life safety code; iii. Are necessary to meet conditions of approval by other City, County, or State departments and/or agencies; and/or iv. Would not significantly alter the function, form, intensity, character, demand on public facilities, or impact on adjacent properties as approved with the site plan. Denton, Texas — Denton Development Code 44 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.5 Il:��r�lla��pic�n�ir�� Il��irm�n6�� ir�� Il�ira��uir�� 2.5.2 Specific Use Permit (SUP) 2��2 5,��ui��'ui� �'�� II@��°mui�� (S�'ll@�� A. B. C. Purpose"' The specific use permit (SUP) procedure provides a mechanism for the City to evaluate proposed development and land uses that have unique or widely varying operating characteristics or unusual features. This procedure is intended to ensure compatibility with surrounding areas and that adequate mitigation is provided for anticipated impacts. Applicability18 1. The specific use permit procedure shall apply to uses identified in Table --119 as requiring a specific use permit. No such use may be established, enlarged, or altered without approval of a specific use permit. 2. The City Council may grant, repeal, and amend Specific Use Permits for certain uses, but only where specified in this DDC. 3. SUP approval occurs by ordinance, and is a type of zoning amendment. Specific Use Permit Procedure120 Figure 2.5-2 identifies the applicable steps from the common review procedures in Section 2.32.4 that apply to the review of specific use permits. Additions or modifications to the common review procedures are noted below. Figure 2.5-2: Summary of Specific Use Permit Procedure Pre-application conference required, Neighborhood meeting recommended Submit to Director Review by Director P8tZ and City P8tZ review; City Specific use permit Council hearings Council review and expires after 24 required decision months of inactivity 116 Carried forward from Subchapter 6, Specific Uses, revised as noted. Consolidated Draft: Update Pawn shop provisions to be compliant with LGS 211.0035. This procedure may be relocated to the Plan and DDC Amendments Section of this DDC. 11' Replaces current 35.6.1. lla New. 119 Cross-reference table of allowed uses with consolidated draft. izo Replaces current 35.6.2, requiring the specific use permit process follow the same procedure as the "zoning amendment procedure." Denton, Texas - Denton Development Code 45 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.5 Il:��r�lla��pic�n�ir�� Il��irm�n6�� ir�� Il�ira��uir�� 2.5.2 Specific Use Permit (SUP) Step 1: Pre-Application Activities a. Pre-Application Conference A pre-application conference shall be held in accordance with Subsection 2.4.3. b. Neighborhood Meeting A neighborhood meeting is recommended in accordance with paragraph 2.4.3B. Step 2: Application Submittal and Processing The specific use permit application shall be submitted and accepted, and may be revised or withdrawn, in accordance with paragraph 2.4.4. Step 3: Staff Review and Action'Z' The Director shall review the specific use permit application and prepare a staff report and recommendation in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5. 4. Step 4: Scheduling and Notice of Public Meetings/Hearings a. The specific use permit application shall be scheduled for public hearings before the Planning and Zoning Commission and the City Council and shall be noticed pursuant to Subsection 2.4.6. Step 5: Review and Decision'ZZ a. Planning and Zoning Commission Review and Recommendation The Planning and Zoning Commission shall review the specific use permit application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5 and shall forward its recommendation to the City Council. b. City Council Review and Decision The City Council may review and approve, approve with conditions, or deny the specific use permit application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5. ii. If the Planning and Zoning Commission recommends denial of the specific use permit, the specific use permit shall become effective only by a three-fourths vote of all members of the City Council. c. Protest Procedure i. The rules governing amendment over protest are contained in Chapter 211 of the Tex. Loc. Gov't. Code. The Director may prescribe forms for protest petitions. ii. A protest against a specific use permit shall be signed by the owners of 20 percent or more of the area included in such proposed specific use permit or of the area of those lots within 200 feet of the property proposed for the specific use permit, as indicated on the most recently approved City tax roll. In the case of a protest against a specific use permit, approval shall require three-fourths vote of the City Council for a specific use permit to become effective. In such case, a lzl Replaces current 35.6.4. The approval criteria listed in the common review procedures address the general concerns associated with a specific use permit application. lzz From 35.3.4.C. Denton, Texas — Denton Development Code 46 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.5 Il:��r�lla��pic�n�ir�� Il��irm�n6�� ir�� Il�ira��uir�� 2.5.2 Specific Use Permit (SUP) supermajority vote shall not be required by the Planning and Zoning Commission. d. Concurrent Review An applicant may request a subdivision approval concurrent with a rezoning. Step 6: Post-Decision Actions and Limitations Post-decision actions and limitations in Subsection 2.4.8 shall apply with the following modifications: a. Expiration of a Specific Use Permit'ZS A specific use permit shall expire if the authorized use or construction is not substantially underway within 24 months after the date of specific use permit approval, or an extension is granted pursuant to paragraph 2.4.8C. The City Council may, in the adopting ordinance, provide an alternate expiration period. b. Expansion or Enlargement'Z6 Expansion or enlargement of a specific use shall require a new application, unless the Director determines that: a. The expansion or enlargement is not expected to increase potential negative impacts to surrounding property or the City; and b. The expansion or enlargement will not require adjustments to any standards greater than allowed through the minor modification procedures in Subsection 2.8.2. ii. Any expansion or enlargement of a specific use that does not meet the criteria for Director approval shall require review and recommendation by the Planning and Zoning Commission and approval by the City Council. c. Denial or Revocation of Permit128 A specific use permit may be revoked or modified after notice to the property owner and a hearing before the City Council, for either of the following reasons: a. The specific use permit was obtained or extended by fraud or deception; or b. One or more of the conditions of approval imposed on the specific use permit has not been met or has been violated. ii. If a specific use permit is denied or revoked in accordance with this section, then the subject property shall not be eligible for resubmittal for 12 months unless the applicant can show a substantial change in circumstances tojustify a resubmittal.lzg izs Replaces current 35.6.6.A. lz6 New. lz$ Replaces current 35.6.6. Changed review authority from City Council to the P&Z Commission. lz9 New language to prevent applicants from resubmitting applications until in an attempt to wear down staff and/or officials or gain approval by means other than substantive changes to the application itself. Denton, Texas — Denton Development Code 47 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.5 Il:��r�lla��pic�n�ir�� Il��irm�n6�� ir�� Il�ira��uir�� 2.53 Temporary Use Permit d. Recording13o All approved Specific Use Permits shall be referenced on the Official Zoning Map of City as "SUP". 2�� "'��m,��y �'�� II@��mur�� A. Purpose The temporary use procedure provides a mechanism for the City to evaluate prospective uses and/or structures on private property of limited duration to ensure compliance with applicable standards of this DDC, including Section -- [reference temporary use section in Module 1]. B. Applicability A temporary use permit is required before establishing, constructing, or installing any temporary use or structure designated as requiring a temporary use permit in Section -- [reference temporary use section in Module 1]. C. Temporary Use Permit Procedure Figure 2.5-3 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of temporary use permits. Additions or modifications to the common review procedures are noted below. Figure 2.5-3: Summary of Temporary Use Permit Procedure Pre-application Submit to Review and This step does This step does conference Director decision by not apply not apply optional Director Temporary use permits expire based on application approval 13o New. Because this action is considered a zoning amendment it is recommended that these actions somehow be notated on the City's zoning map. 131 Replaces current 35.12.9. Several temporary use standards were relocated to Section 5.5 in Module 1, Districts and Uses. May need to further discuss the distinction between "temporary uses" and "special events," as well as address in consistencies that may exist between the Municipal Code of Ordinances and the DDC. Denton, Texas — Denton Development Code 48 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.5 Il:��r�lla��pic�n�ir�� Il��irm�n6�� ir�� Il�ira��uir�� 2.53 Temporary Use Permit Step 1: Pre-Application Activities a. Pre-Application Conference A pre-application conference is optional in accordance with Subsection 2.4.3. b. Neighborhood Meeting Not required. Step 2: Application Submittal and Processing The temporary use permit application shall be submitted and accepted, and may be revised or withdrawn, in accordance with paragraph 2.4.4. Step 3: Staff Review and Action132 The Director shall review and approve, approve with conditions, or deny the temporary use permit application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5 and the applicable temporary use standards in Section — [reference temp use in Module 1]. 4. Step 4: Scheduling and Notice of Public Meetings/Hearings Not required. Step 5: Review and Decision Review and decision is subject to paragraph 2.4.7. Step 6: Post-Decision Actions and Limitations Post-decision actions and limitations in Subsection 2.4.8 shall apply, with the following modifications: a. Effect of Approval A temporary use permit authorizes establishment, construction, or installation of the approved temporary use or structure in accordance with the terms and conditions of the permit. b. Expiration of Approval i. A temporary use permit shall be valid beginning on the date specified on the permit and shall remain valid for the time period indicated on the permit. ii. Upon request, the Director may grant a one-year extension; however, in no case shall a temporary use permit be valid for more than one year after its original expiration date. This one-year extension period may not be further extended. iii. Any temporary use permit requesting an approval period beyond one year shall require a specific use permit approval pursuant to Subsection 2.5.2. c. Removal and Restoration Before the expiration of a temporary use permit, the permittee shall disconnect all temporary uses and structures, and associated property and equipment, and free the temporary use site from all trash, litter, and debris to the satisfaction of the Director. 13z The Building Official is the current decision-making authority with regard to temporary use permits. We propose changing this to Director. Denton, Texas - Denton Development Code 49 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.5 Il:��r�lla��pic�n�ir�� Il��irm�n6�� ir�� Il�ira��uir�� 2.5.4 Change of Use Permit d. Appeal to the Zoning Board of Adjustment The applicant may appeal the denial, revocation, or suspension of a temporary use permit to the Zoning Board of Adjustment in accordance with Subsection 2.8.3. 2�� m�� ' �'�� II@��mui�� A. Purpose The change of use permit procedure provides a mechanism for the City to evaluate new uses of properties and/or buildings, and/or change in occupancy due to change of ownership or tenancy to ensure compliance with applicable standards of this DDC. B. Applicability A change of use permit is required before the following activities: 1. Occupying or using vacant land; 2. Occupying a vacant building; 3. Changing the use of a property or building; and/or 4. Changing occupancy of a property or building. C. Change of Use Permit Procedure Figure 2.5-4 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of change of use permits. Additions or modifications to the common review procedures are noted below. Figure 2.5-4: Summary of Change of Use Permit Procedure Pre-application Submit to Review and This step does This step does Appeal to Zoning conference Director decision by not apply not apply Board of optional Director Adjustment 133 New procedure developed to provide a review tool for staff to evaluate whether or not changes of use of existing properties and buildings comply with zoning regulations. Business licensing should be coordinated with this new procedure to establish an enforcement trigger for the change of use permit. This process can also be adapted to serve as a"certificate of zoning compliance" for persons seeking an official letter from the City to determine if their property complies with the DDC or if it is nonconforming. Denton, Texas - Denton Development Code 50 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.5 Il:��r�lla��pic�n�ir�� Il��irm�n6�� ir�� Il�ira��uir�� 1.1.1 Step 1: Pre-Application Activities a. Pre-Application Conference A pre-application conference is optional in accordance with Subsection 2.4.3. b. Neighborhood Meeting A neighborhood meeting is not required. Step 2: Application Submittal and Processing The change of use permit application shall be submitted and accepted, and may be revised or withdrawn, in accordance with paragraph 2.4.4. Step 3: Staff Review and Action The Director shall review and approve, approve with conditions, or deny the change of use permit application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5. 4. Step 4: Scheduling and Notice of Public Meetings/Hearings Not required. Step 5: Review and Decision Review and decision is subject to paragraph 2.4.7. Step 6: Post-Decision Actions and Limitations Post-decision actions and limitations in Subsection 2.4.8 shall apply, with the following modifications: a. Effect of Approval A change of use permit authorizes establishment of a new use and/or change of occupancy of an existing property or building with any additional terms and conditions of the permit. ii. The change of use permit shall clearly state that the proposed use of a building or property complies with the provisions of this DDC. iii. For any proposed change of use or occupancy requiring a building permit, a change of use permit shall be issued at the time of permitting. b. Revocation of a Change of Use Permit i. A change of use permit may be revoked by the Director if the use of the property or building is inconsistent with the authorized use of the change of use permit. ii. The Director shall notify the permit holder in writing and provide 30 days from the date of the letter for the permit holder to bring the use of the property into compliance with the change of use permit, or the permit shall be revoked. c. Appeal to the Zoning Board of Adjustment The applicant may appeal the denial, revocation, or suspension of a change of use permit to the Zoning Board of Adjustment in accordance with Subsection 2.8.3. 2�� IIIIII Ilf;��lll�,��m�m�� Sui�� Ill�lll�m� See Subchapter 22, Gas We(( Dri((ing and Production. Denton, Texas — Denton Development Code 51 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.�a ��ulb�6�r6�6a�ir� Il�ira��uir�� 2.5.6 Watershed Protection Permit 2�� II@��ui�m� II@��mur� See Section 35.22.9, Watershed Permits for Gas We(( Deve(opments. Commentary: This draft aligns platting procedures with the Tex. Loc. Gov't. Code to help streamline and simplify the development review process. This draft also proposes final plat approval by the Director, since it involves ensuring compliance with the approved preliminary plat (currently requires Planning Commission recommendation and City Council approval) and other standards in this DDC. The approval authority for each type of subdivision requires further discussion with staff. The procedures as drafted are intend to streamline and expedite review times; therefore, retaining this process would not provide an immediate benefit to an applicant. This approach requires further discussion with staff. 2�� °muim�ui��ui��IllY �� II@III��.:� A. Purpose The administratively approved platting procedure is used to evaluate proposed plats that will create few lots and/or involve minimal adjustments to approved final plats. The administratively approved platting procedure also provides a mechanism for administrative platting decisions, to address plat errors, and to apply minor adjustments to property boundaries. B. Applicability 1. The administratively approved platting procedure shall apply to: a. Subdivisions of properties creating four or fewer lots and fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities;136 and b. An amending plat as permitted by Tex. Loc. Gov't. Code § 212.016, as amended;137 and c. A replat as permitted by Tex. Loc. Gov't. Code § 212.0145, as amended. C. Administratively Approved Plat Procedure Figure 2.6-1 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of administratively approved plats. Additions or modifications to the common review procedures are noted below. Figure 2.6-1: Summary of Administratively Approved Plat Procedure 13s Replaces current 35.16.15. Changed approval authority from Development Review Committee Chairman to the Director. 136 Threshold taken from Tex. Loc. Gov't. Code 212.0065(a)(2) 13' Replaces current 35.16.14. Denton, Texas - Denton Development Code 52 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.�a ��ulb�6�r6�6a�ir� Il�ira��uir�� 2.6.1 AdministrativelyApproved Plat Pre-application Submit to Review and This step does This step does Record with conference Director decision by not apply not apply Denton County optional Director Clerk and Recorder within 30 days of approval 1. Step 1: Pre-Application Activities An optional pre-application meeting may be held in accordance with Subsection 2.4.3. Step 2: Application Submittal and Handling The administratively approved plat application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4. Step 3: Staff Review and Action a. Review and Decision The Director shall review and approve, approve with conditions, or deny the administratively approved plat application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5 and ensuring the request will not affect a recorded easement without approval from the easement holder. b. Appeal to Planning and Zoning Commission138 The decision on an administratively approved plat may be appealed to the Planning and Zoning Commission. 4. Step 4: Scheduling and Notice of Public Meetings/Hearings Not required. Step 5: Review and Decision Review and decision is subject to paragraph 2.4.7. Step 6: Post-Decision Actions and Limitations Post-decision actions and limitations in Subsection 2.4.8 shall apply, and the City shall record administratively approved plats with the County Clerk within two years of approval by the Director. 13a Pursuant to Tex. Loc. Gov't. Code 212.0065(c). Denton, Texas - Denton Development Code 53 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.�a ��ulb�6�r6�6a�ir� Il�ira��uir�� 2.6.2 General Development Plan 2��2 ��m��lll Ilf;��lll�,��m�m�� II@Ill�m�� [insert text here] 2�� II@��Illui�°muim��y II@III�� A. Purpose The preliminary plat procedure provides a mechanism for the City to review an overall plan for a proposed subdivision to ensure compliance with this DDC, the Comprehensive Plan, and the adequate provision of facilities and services in the City. B. Applicability14o A preliminary plat is required if the proposed subdivision: 1. Is on land that has not been platted; 2. Land that will be developed in phases; 3. Will include the dedication of public right-of-way, other public tracts, or public improvements not determined to be eligible for minor subdivision processing; or 4. Is not eligible to be processed as an administratively approved plat, pursuant to Subsection 2.6.1. C. Preliminary Plat Procedure Figure 2.6-2 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of preliminary plats. Additions or modifications to the common review procedures are noted below. 139 We are having discussions with staff about how this process (current 35.16.10) can be carried forward and how it can better complement the preliminary platting process. We are currently examining ways to streamline this procedure. Revised content for this subsection will be available in the Consolidated Draft. 14o The current DDC 35.16.11.A prohibits preliminary plats within the ETJ, "A Preliminary Plat is neither required nor permitted in the extraterritorial jurisdiction." Language in 35.16.12.A allows final Plats within the extraterritorial jurisdiction to satisfy both the requirements of a Preliminary Plat and a Final Plat. Denton, Texas — Denton Development Code 54 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.�a ��ulb�6�r6�6a�ir� Il�ira��uir�� 2.63 Preliminary Plat Figure 2.6-2: Summary of Preliminary Plat Procedure Pre-application conference required; Neighborhood meeting recommended � Submit to Review by Staff P8tZ hearing P8tZ review Preliminary plat Director required and decision expires if final plat not recorded within 24 months Step 1: Pre-Application Activities a. Pre-Application Conference A pre-application conference shall be held in accordance with Subsection 2.4.3. Neighborhood Meeting A neighborhood meeting is recommended in accordance with paragraph 2.4.3B. Step 2: Application Submittal and Processing The preliminary plat application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4. Step 3: Staff Review and Action The Director shall review the preliminary plat application and prepare a staff report and recommendation in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, and the following specific approval criteria: a. Provides a layout of lots, streets, blocks, driveways, utilities, drainage, and other public facilities and services designed to minimize the amount of disturbance to sensitive areas and/or community assets; b. Provides evidence of public water and sewer system connections; c. Identifies and adequately mitigates known natural hazard areas; and d. If applicable, proposes reasonable project phasing in terms of infrastructure capacity. Step 4: Scheduling of Public Meetings The preliminary plat application shall be scheduled for public meetings before the Planning and Zoning Commission. Denton, Texas - Denton Development Code 55 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.�a ��ulb�6�r6�6a�ir� Il�ira��uir�� 2.63 Preliminary Plat Step 5: Review and Decision The Planning and Zoning Commission shall review and approve, approve with conditions, or deny the preliminary plat application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, and paragraph 2.6.3C.3. Step 6: Post-Decision Actions and Limitations Post-decision actions and limitations in Subsection 2.4.8 shall apply with the following modifications: a. Expiration of Approval142 A preliminary plat shall become null and void 24 months from the date of approval by the Planning and Zoning Commission, unless a final plat is filed and approved for all or part of the preliminary plat within that time or within the time provided by a phasing schedule approved for the preliminary plat. b. Effect of Approval Within six months of approval of the final plat for the first phase of the development, or within such other period as may be provided in an phasing schedule approved by the Planning and Zoning Commission, a complete application for a final plat must be approved for the next phase of the development, continuing with each successive phase, until final plats have been approved for all the land subject to the original preliminary plat in accordance with this section or a phasing schedule approved by the Planning and Zoning Commission. ii. If the applicant fails to receive approval for a final plat for any phase of the development within the prescribed period, or within any extension granted pursuant to paragraph 2.6.3C.6.c below, the original preliminary plat shall expire for that phase and for all other phases for which a final plat has not been approved or no longer remains in effect on the date of expiration. iii. If an approved final plat expires, the preliminary plat for that phase shall also expire, as well as for all other phases for which a final plat has not been approved or is not pending approval, or has lapsed subsequent to approval, on the date of expiration. c. Extension of Preliminary Plat Approval143 The Commission may extend a preliminary plat or any phase thereof pursuant to paragraph 2.4.8E and the following criteria: a. The request must be considered by the Planning and Zoning Commission before the preliminary plat or phase expires and must document the reasons for the extension. b. In determining whether to grant a request, the Planning and Zoning Commission shall take into account: 1. The reasons for the requested extension; 14z From current 35.16.11.E. 143 From current 35.16.11.F. Denton, Texas - Denton Development Code 56 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.�a ��ulb�6�r6�6a�ir� Il�ira��uir�� 2.6.4 Final Plat 2. 3. The ability of the applicant to comply with any conditions attached to the original approval; Whether the extension is likely to result in timely completion of the project; and The extent to which any newly adopted regulations should be applied to the proposed development. c. In granting an extension, the Planning and Zoning Commission may impose such conditions as are needed to assure that the land will be developed in a timely fashion and that the public interest is served, including compliance with one or more new adopted development standards. Concurrent Review with Site Plan Preliminary plat applications may be submitted and reviewed concurrently with an application for a site plan pursuant to paragraph 2.5.1C.2.b. 2�� IIP��'uim��lllll@III�'� A. B. Purpose The final plat procedure completes the subdivision process and ensures compliance with the approved preliminary plat and applicable standards in this DDC. Applicability The final plat procedure applies to all subdivisions in the City unless otherwise stated in this DDC. C. Final Plat Procedure Figure 2.6-3 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of final plats. Additions or modifications to the common review procedures are noted below. Figure 2.6-3: Summary of Final Plat Procedure Pre-application conference required; Neighborhood meeting recommended Submit to Director within 24 months of preliminary plat approval Review by Staff P8tZ review and decision Record with Denton County Clerk and Recorder Denton, Texas - Denton Development Code 57 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.�a ��ulb�6�r6�6a�ir� Il�ira��uir�� 2.6.5 Conveyance Plat Step 1: Pre-Application Activities a. Pre-Application Conference A pre-application conference shall be held in accordance with Subsection 2.4.3. b. Neighborhood Meeting Not required. Step 2: Application Submittal and Processing The final plat application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4, and subject to the following modifications: a. The final plat application shall be submitted within 24 months of preliminary plat approval; and b. The final plat may reflect the entire areas covered by a preliminary plat or any part thereof. Step 3: Staff Review and Action The Director shall review the final plat application and prepare a staff report and recommendation in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, and the following specific approval criteria: a. The final plat conforms to the approved preliminary plat, including any conditions of approval; and b. The development will comply with the applicable technical standards and specifications adopted by the City. 4. Step 4: Scheduling and Notice of Public Meetings/Hearings Not required. Step 5: Review and Decision The Planning and Zoning Commission shall review and approve, approve with conditions, or deny the final plat application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, and paragraph 2.6.4C.3. Step 6: Post-Decision Actions and Limitations144 Post-decision actions and limitations in Subsection 2.4.8 shall apply and the Director shall record the approved final plat with the Denton County Clerk and Recorder upon acceptance of any public improvements or dedications. 2�� m��y�m�� II@III�� 14L Land dedication and subdivision improvements agreements will be developed in Module 3 and that information will be cross- referenced here in the Consolidated Draft. 146 From 35.16.17, revised as noted. We are having discussions with staff about how this process can be carried forward and how it can be folded into the Administratively Approved platting procedures in Subsection 2.6.1. We are currently examining ways to streamline this procedure. Revised content for this subsection will be available in the Consolidated Draft Denton, Texas — Denton Development Code 58 Module 2- Administration and Procedures — Public Draft — March 2018 A. B. Subchapter 2: Administration and Procedures �.�a ��ulb�6�r6�6a�ir� Il�ira��uir�� 2.6.5 Conveyance Plat Purpose147 The intent of the conveyance plat is to provide an interim plat recording the subdivision of property or to define the remainder of a property created by the approval of a final plat for the sole purpose of conveying land and not for development. A conveyance plat may be used solely for the purpose of subdividing land and the recording of same, or recording a single existing lot or parcel created by other means. Applicability148 1. 2. A conveyance plat may be used in order to subdivide or sell land without plans for its immediate development. A conveyance plat allows the recording of a subdivision without requiring the construction or design of public improvements or collection of development fees. 3. Easements, dedications, and reservations may be recorded on a conveyance plat. C. Conveyance Plat Procedure Figure 2.6-4 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of conveyance plats. Additions or modifications to the common review procedures are noted below. Figure 2.6-4: Summary of Conveyance Plat Procedure Pre-application Submit to Review and This step does This step does conference Director decision by not apply not apply optional Director Record with Denton County Clerk and Recorder within 30 days of approval Step 6: Post-Decision Actions and Limitations Post-decision actions and limitations in Subsection 2.4.8 shall apply, and the City shall record administratively approved plats with the County Clerk within two years of approval by the Director. 14' From 35.16.17.A and the definition of "conveyance plat," revised for clarity. 14$ Replaces 35.16.17.2.A. Denton, Texas - Denton Development Code 59 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.�a ��ulb�6�r6�6a�ir� Il�ira��uir�� 2.6.5 Conveyance Plat Step 1: Pre-Application Activities An optional pre-application meeting may be held in accordance with Subsection 2.4.3.Step 2: Application Submittal and Processing The conveyance plat application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4. 4. Step 3: Staff Review and Action'so The Director shall review and approve, approve with conditions, or deny the administratively approved plat application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5 and the following specific approval criteria: a. Reservation of Rights-Of-Way i. Conveyance plats shall identify any future rights-of-way for public thoroughfares and streets specified on the City's thoroughfare plan; ii. The identification of the right-of-way does not grant any right or interest in the property to the City or other entity; and iii. The final alignment may be adjusted upon final platting in order to meet engineering design standards. b. Dedication of Rights-Of-Way i. Dedication of right-of-way shall be required where a conveyance plat is used to record the remainder of a tract created by the final platting of a portion of the property; and ii. The required right-of-way dedication shall be limited to that which is necessary to provide access to the property proposed for final plat approval and to complete turn lanes, intersections and transitions in road pavement width resulting from development of property proposed for final plat approval. Step 4: Scheduling and Notice of Public Meetings/Hearings Not required. Step 5: Review and Decision15' The Director shall review and approve, approve with conditions, or deny the conveyance plat application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, and the approval criteria in paragraph 2.6.5C.4. Step 6: Post-Decision Actions and Limitations a. Signing and Filing152 After the approval of the conveyance plat, the applicant shall submit filing fees and the required number of copies for filing to the City for filing with the county. Having submitted all copies and fees, the applicant may request a delay of filing for up to two yearsls3 from the date of approval. iso Replaces 35.16.17.2.B. lsl The Planning and Zoning Commission is the current review and approval authority for conveyance plats; however, some communities elect to approve these applications administratively (i.e., the Director). isz First half of 35.16.17.2.C.2, revised for clarity. ls3 Changed from 180 days for consistency with other platting requirements. Denton, Texas — Denton Development Code 60 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.�a ��ulb�6�r6�6a�ir� Il�ira��uir�� 2.6.6 Development Plat ii. Prior to filing, the Director shall certify the conveyance plat and it shall be recorded with the Denton County Clerk and Recorder. iii. The Director shall forward one copy of the recorded conveyance plat to the property owner. b. Effect of Approval's4 Conveyance plat approval and acceptance by the City does not relieve the owner from obligations, including fees, required by other sections of this or any other Chapter of the Municipal Code of Ordinances pertaining to the improvement of the property or extension of services as required to make the property suitable for development. ii. Neither reservation nor dedication of right-of-way shall relieve the property owner from any obligation for street construction or assessments associated with public street improvement programs. Easements for access, utilities, and drainage shall be recorded on conveyance plats. iii. No building permits shall be issued, nor development begin, nor permanent utility service provided for land which has only received approval as a conveyance plat. This information shall be set forth in bold type on the plat. iv. A conveyance plat may be vacated, replatted, or superseded in total or in part by compliance with the procedures and requirements of this DDC. c. Lapse of Approval'ss Any conveyance plat that has not been filed with the county within two yearsls6 of the date of approval shall be void. Prior to filing with the county, the property owner may withdraw and void a conveyance plat. ii. Any conveyance plat withdrawn or voided must be resubmitted under current regulations and procedures and reapproved by the Planning and Zoning Commission or the Director and filed with the county. d. Appeal to Planning and Zoning Commission157 The decision on an administratively approved plat may be appealed to the Planning and Zoning Commission. 2�� Ilf;��lll�,��°m�m�� II@III�'��'� A. Purpose The development plat procedure provides a mechanism for any person who proposes development of a tract of land located within the corporate limits or within the City's extraterritorial jurisdiction that is not required by this Subchapter to prepare a preliminary or final plat. ls4 35.16.17.1, revised for clarity. iss Second half of 35.16.17.2.C.2. ls6 Changed from 180 days for consistency with other platting requirements. ls' Pursuant to Tex. Loc. Gov't. Code 212.0065(c). isa Replaces current 35.16.18. The general applicability of development plat requires further discussion. Denton, Texas — Denton Development Code 61 Module 2- Administration and Procedures — Public Draft — March 2018 B. C� Subchapter 2: Administration and Procedures �.�a ��ulb�6�r6�6a�ir� Il�ira��uir�� 2.6.6 Development Plat Applicabilitylsg The development plat procedure is available for any person who proposes the development of a tract of land located within the corporate limits or within the City's extraterritorial jurisdiction that is not required by this Subchapter to prepare a preliminary or final plat, unless the development is an addition or alteration to existing development which, after development, would result in development no less compliant with the DDC than before the development. Development Plat Procedure Figure 2.5-1 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of development plats. Additions or modifications to the common review procedures are noted below. Figure 2.6-5: Summary of Development Plat Procedure Pre-application Submit to Review and This step does This step does Development plat conference Director decision by not apply not apply expires after 24 required Director months inactivity Step 1: Pre-Application Activities a. Pre-Application Conference A pre-application conference shall be held in accordance with Subsection 2.4.3. Neighborhood Meeting Not required. Step 2: Application Submittal and Processing The development plat application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4. ls9 Section 35.16.18.A(1) provides a reference for exceptions (35.16.7) to development plat procedure. Is this reference correct? Denton, Texas - Denton Development Code 62 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.�a ��ulb�6�r6�6a�ir� Il�ira��uir�� 2.6.7 Replat Step 3: Staff Review and Action'bo The Director shall review the development plat application and approve, approve with conditions, or deny the application in accordance with Subsection 2.4.5 and Tex. Loc. Gov't Code §§ 212.041 through 212.050, as amended. No new development may begin on the subject property until the development plat is filed and approved by the City. 4. Step 4: Scheduling and Notice of Public Meetings/Hearings Not required. Step 5: Review and Decision Review and decision is subject to paragraph 2.6.6C.3. Step 6: Post-Decision Actions and Limitations A development plat shall become null and void two years from the date of approval by the Director. 2��'7 Ilf��,�lll�'�� A. Purpose The intent of the replat procedure is to outline the process for replatting any portion of an approved final plat, other than to amend or vacate the plat. B. Applicability A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat: 1. Is signed and acknowledged by the owners of the property being replatted; 2. Is approved after a public hearing; and 3. Does not attempt to amend or remove any covenants or restrictions. C. Replat Procedure Generally a. Replats are subject to the procedures established for administratively approved plat (see Subsection 2.6.1) and shall conform to the requirements of Tex. Loc. Gov't. Code § 212.0065 if: i. The replat involves four or fewer lots fronting an existing street that does not require the creation of any new street or the extension of municipal facilities; or ii. The replat is for part of a subdivision without vacation of the preceding plat as provided in Tex. Loc. Gov't. Code § 212.0145; or iii. The amending plat is signed by the applicants only and is solely for one or more of the purposes identified in Tex. Loc. Gov't. Code § 212.016. 16o Current standards require approval from the Planning and Zoning Commission, we propose allowing the Director to approve development plats. 161 Replaces current 35.16.13. We are continuing to work through coordinating these procedures with those established in Subsection 2.6.1: AdministrativelyApproved Plats. Revision to this section will be available for review in the Consolidated Draft. Denton, Texas - Denton Development Code 63 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.�a ��ulb�6�r6�6a�ir� Il�ira��uir�� 2.6.8 Vacating Plat b. Replats without vacation of the preceding plat are subject to the procedures established for administratively approved plat (see Subsection 2.6.1) and shall conform to the requirements of Tex. Loc. Gov't. Code § 212.015 if: i. During the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot; or ii. Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot. c. All other replats are subject to the approval procedures established for preliminary plats (see Subsection 2.6.2) in addition to the requirements in Subsection 2.4.6. 2�� '�uim�� II@III�'�� A. Purpose163 The intent of the vacating plat procedure is to outline the process for vacation of all or a portion of a prior-approved plat. B. Applicability164 The property owner of the tract covered by a Plat may vacate the Plat pursuant to Tex. Loc. Gov't. Code § 212.013, as amended. C. Vacating Plat Procedure Figure 2.6-6 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of vacating plats. Additions or modifications to the common review procedures are noted below. Figure 2.6-6: Summary of Vacating Plat Procedure 16z Replaces current 35.16.16. 163 N ew. 1� From current 35.16.16. Denton, Texas - Denton Development Code 64 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.�a ��ulb�6�r6�6a�ir� Il�ira��uir�� 2.6.8 Vacating Plat Pre-Application Submit to conference Director required L'� Review by Staff Public meeting P&Z Commission Record vacation required before review with Denton the P&Z County Clerk and Commission (not a Recorder hearing) Step 1: Pre-Application Activities a. Pre-Application Conference A pre-application conference shall be held in accordance with Subsection 2.4.3. Neighborhood Meeting A neighborhood meeting is not required. Step 2: Application Submittal and Processing The vacating plat application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4. Step 3: Staff Review and Action The Director shall review the vacating plat application and prepare a staff report and recommendation in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5. Step 4: Scheduling and Notice of Public Meetings/Hearings The vacating plat application shall be scheduled for a public meeting before the Planning and Zoning Commission and shall be noticed pursuant to Subsection 2.4.6. Step 5: Review and Decision a. The Planning and Zoning Commission shall review and approve, approve with conditions, or deny the vacating plat application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5.16s b. As a condition of approval, the Planning and Zoning Commission may require the applicant to prepare a revised final plat in accordance with Subsection 2.6.4.166 16s Replaces current 35.16.12.2.C. 166 New, based on 35.16.16. Denton, Texas - Denton Development Code 65 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.7.1 Comprehensive Plan Amendment Step 6: Post-Decision Actions and Limitations167 a. Post-decision actions and limitations in Subsection 2.4.8 shall apply and the Director shall record the vacating plat with the Denton County Clerk and Recorder prior to the recordation of a new plat. b. Regardless of the Planning and Zoning Commission's action on the application, the applicant will have no right to a refund of any monies, fees, or charges paid to the City nor to the return of any property or consideration dedicated or delivered to the City except as may have previously been agreed to by the Planning and Zoning Commission. 2�'7�� m,��m��ui�� II@Ill�m� �m�m��m�m�� A. Purpose"' The purpose of this section is to provide standards for amending the text and or maps of the comprehensive plan or for adoption of a new comprehensive plan. The amendment process is established to provide flexibility in response to changing circumstances and to reflect changes in public policy, and to advance the general welfare of the City. B. Applicability"Z An amendment to the comprehensive plan may be initiated by the City Council, the Planning and Zoning Commission, the Director,173 or the property owner(s) with an application executed by all property owners, or their authorized agents. C. Comprehensive Plan Amendment Procedure Figure 2.7-1 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of comprehensive plan or mobility plan amendments. Additions or modifications to the common review procedures are noted below. 16' From current 35.16.16, revised for clarity. 169 Did not carry forward current 35.3.13, Development Criteria Manual Procedure, this information should be relocated to the Administrative Manual. 1'o Currently "Denton Plan AmendmenY' procedure in 35.3.3. We are not using that term in this Code. 1'1 New. We removed the language stating that this procedure should be used for adoption of a new zoning code or for a zoning amendment that does not conform to the Future Land Use element of the Denton Plan. 1'z From current 35.3.3.C.1. 1'3 Revised from "city manager." Denton, Texas - Denton Development Code 66 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.7.1 Comprehensive Plan Amendment Figure 2.7-1: Summary of Comprehensive Plan Amendment Procedure Pre-application conference required; Neighborhood meeting recommended � Submit to Review by Staff P8tZ and City P8tZ review; City Action is final and Director Council hearings Council review and cannot be required decision appealed Step 1: Pre-Application Activities14 a. Pre-Application Conference A pre-application conference shall be held in accordance with Subsection 2.4.3. Neighborhood Meeting A neighborhood meeting is recommended in accordance with Subsection 2.4.3B. Step 2: Application Submittal and Processing15 The comprehensive plan amendment application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4. Step 3: Staff Review and Action a. Director Review and Recommendation The Director shall review the comprehensive plan amendment application and prepare a staff report and recommendation in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, and the specific criteria in 2.7.1D below. Step 4: Scheduling and Notice of Public Meetings/Hearings The comprehensive plan amendment application shall be scheduled for public hearings before the Planning and Zoning Commission and the City Council and shall be noticed pursuant to Subsection 2.4.6. 1'4 Should City-initiated applications be exempt from this step? 1's Second half of 35.16.10.E Denton, Texas - Denton Development Code 67 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.7.1 Comprehensive Plan Amendment Step 5: Review and Decision16 a. Planning and Zoning Commission Review and Recommendation The Planning and Zoning Commission shall review the comprehensive plan amendment application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, and the specific criteria in 2.7.1D below, and shall forward its recommendation to the City Council. b. City Council Review and Decision The City Council may approve, approve with conditions, or deny the comprehensive plan amendment application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, and the specific criteria in in 2.7.1D below. The adoption or amendment of a new comprehensive plan shall become effective by a simple majority vote of all members of the City Council. Step 6: Post-Decision Actions and Limitations The City Council decision is a final action and may not be appealed.l" D. Comprehensive Plan Amendment Approval Criteria18 1. Comprehensive plan amendments may be approved by the City Council only following a determination that the proposed amendment is consistent with the overall purpose and intent of the Comprehensive Plan and that any one of the following criteria has been met: a. There was an error in the original Comprehensive Plan adoption; b. The City Council failed to take into account then-existing facts, projections, or trends that were reasonably foreseeable to exist in the future; c. Events, trends, or facts after adoption of the Comprehensive Plan have changed the City Council's original findings made upon plan adoption; and/or d. Events, trends, or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. 2. In addition to the above-listed criteria, any proposed amendment is subject to the following additional review standards: a. That the amendment is not in conflict with any portion of the goals and policies of the plan. b. That the amendment constitutes a substantial benefit to the City and is not solely for the good or benefit of a particular landowner or owners at a particular point in time. c. The extent to which the proposed amendment and other amendments in the general area are compatible with the land use goals of the plan and that they avoid creation of isolated uses that will cause incompatible community form and a burden on public services and facilities. d. That the development pattern contained in the existing plan does not provide adequate and appropriate optional sites for the use or change being proposed in the amendment. 1'6 From current 35.16.10.D. 17 From current 35.3.3.D. 1's N ew. Denton, Texas - Denton Development Code 68 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.7.2 Zoning Map Amendment e. That the impact of the amendment, when considered cumulatively with other applications and development in the general area, will not adversely impact the City or a portion of the City by: Significantly altering acceptable existing land use patterns; ii. Having significant adverse impacts on public services and facilities that are needed to support the current land use and that cannot be mitigated to the maximum extent feasible; iii. Adversely impacting environmentally sensitive areas or resources; or iv. Adversely impacting existing uses because of increased traffic on existing systems. That site conditions, including but not limited to topography, utility corridors/easements, drainage patterns, noise, odors, or environmental contamination, would make development under the current plan designation inappropriate. 2�'7�2 ��m�uim�� ,� �m�m��m�m�� Commentary: The zoning amendment procedure is divided into three separate procedures: 1) zoning map amendment; 2) zoning text amendment; and 3) rezoning to a PD. We did not carry forward earlier versions of rezoning to a master planned community, which were not included with the districts in Module 1. A. Purpose The purpose of the zoning map amendment procedure (referred to as "rezoning") is to make amendments to the Official Zoning Map of the City of Denton to reflect changes in public policy, changed conditions, or to advance the welfare of the City. The purpose is neither to relieve particular hardships nor to confer special privileges or rights on any person. B. Applicability 1. A rezoning may be approved by the City Council following review and recommendation by the Planning and Zoning Commission. 2. Rezonings should not be used when a specific use permit, variance, or minor modification could be used to achieve a similar result. 3. Changes to the characteristics of zoning districts (such as setback requirements) and development standards (such as parking requirements) shall be processed as zoning text amendments according to Section 2.7.4. 4. A rezoning to a Planned Unit Development is a distinct type of amendment to the Official Zoning Map and shall follow the procedures in Section 2.7.3. C. Rezoning Procedure Figure 2.7-2 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of rezonings. Additions or modifications to the common review procedures are noted below. Denton, Texas — Denton Development Code 69 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.7.2 Zoning Map Amendment Figure 2.7-2: Summary of Rezoning Procedure Pre-Application Conference Required Neighborhood Meting Recommended Submit to Review by Staff P8tZ and City P8tZ review; City Director to amend Director Council hearings Council review and the Official Zoning required decision Map Step 1: Pre-Application Activities19 a. Pre-Application Conference A pre-application conference shall be held in accordance with Subsection 2.4.3. Neighborhood Meeting A neighborhood meeting is recommended in accordance with Subsection 2.4.3B. Step 2: Application Submittal and Processing a. The zoning map amendment application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4. b. In addition to the persons authorized to submit an application listed in paragraph 2.4.4A, the Planning and Zoning Commission may initiate a rezoning application following discussion at any Planning and Zoning Commission meeting. c. When multiple parcels are proposed for rezoning, a separate application for each property shall be submitted unless the Director approves a consolidated application during the pre-application conference. Step 3: Staff Review and Action180 The Director shall review the rezoning application and prepare a staff report and recommendation in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5. 179 Should City-initiated applications be exempt from this step? iso Replaces current 35.3.4.B. The approval criteria listed in the common review procedures address the general concerns associated with a rezone application. Denton, Texas — Denton Development Code 70 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.73 Rezone to a Planned Unit Development (PD) District 4. Step 4: Scheduling and Notice of Public Meetings/Hearings a. The rezoning application shall be scheduled for public hearings before the Planning and Zoning Commission and the City Council and shall be noticed pursuant to Subsection 2.4.6.1s1 Step 5: Review and Decision183 a. Planning and Zoning Commission Review and Recommendation The Planning and Zoning Commission shall review the rezoning application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5 and shall forward its recommendation to the City Council. b. City Council Review and Decision i. The City Council may review and approve, approve with conditions, or deny the rezoning application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5. ii. If the Planning and Zoning Commission recommends denial of the rezoning, the rezoning shall become effective only by a three-fourths vote of all members of the City Council. c. Protest Procedure i. The rules governing amendment over protest are contained in Chapter 211 of the Tex. Loc. Gov't. Code. The Director may prescribe forms for protest petitions. ii. A protest against a rezoning shall be signed by the owners of 20 percent or more of the area included in such proposed rezoning or of the area of those lots within 200 feet of the property proposed for rezoning, as indicated on the most recently approved City tax roll. In the case of a protest against a rezoning, approval shall require three-fourths vote of the City Council for a rezoning to become effective. In such case, a supermajority vote shall not be required by the Planning and Zoning Commission. d. Concurrent Review An applicant may request a subdivision approval concurrent with a rezoning. Step 6: Post-Decision Actions and Limitations184 Post-decision actions and limitations in Subsection 2.4.8 shall apply with the following modifications: a. The City Council decision is a final action and may not be appealed. b. Following approval of a rezoning by City Council, the Director shall prepare a revision to the Official Zoning Map. 2�'7�� Ilf��m�� II@Ill�m�m�� 'm�ui�� Ilf;��lll�,��°m�m�� (II@Ilf;�� Ilf;�ui��ui��' lal Some municipalities do not require a mailed notice to be sent to properties within 200 feet for citywide rezonings per the standards established in the Texas Loc. Gov't. Code, Section 211.006. This requires further discussion with staff and the City Council. la3 From 35.3.4.C. 184 Carried forward from 35.3.4.C.6 and 35.3.4.D. Standards from 35.3.3.C.5 regarding resubmittal of a denied application has been relocated to Section 2.3.6. Denton, Texas — Denton Development Code 71 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.73 Rezone to a Planned Unit Development (PD) District A. Purpose The zoning classification of any parcel may be changed to a Planned Unit Development (PD) pursuant to this section. The purpose of rezoning to a PD is to achieve greater flexibility than allowed by the strict application of the DDC while providing greater benefit to the City and to ensure efficient provision of services and utilities. B. Applicability 1. 2. The PD procedure shall not be used when a specific use permit, variance, minor modification, or rezoning to an existing base zoning district could achieve a similar result. A rezone to a PD application (referred to as "PD application") may be submitted for any contiguous area of five acres or more within any combination of zoning districts.ls6 3. A PD proposed within the Central Business District may be reduced to one acre in size. C. Rezoning to PD Procedure Figure 2.7-3 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of rezoning to PDs. Additions or modifications to the common review procedures are noted below. Figure 2.7-3: Summary of Rezoning to PD Procedure Pre-Application Conference Required Neighborhood Meting Recommended Submit to Review by Staff P8tZ and City P8tZ review; City Director to amend Director Council hearings Council review and the Official Zoning required decision Map iss Replaces "master planned community" found in current 35.7.12. la6 From 35.7.12.10. A minimum size requirement for PD districts was not established with Module 1 of the DDC update. Should we include a minimum project size for PD districts? Denton, Texas - Denton Development Code 72 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.73 Rezone to a Planned Unit Development (PD) District Step 1: Pre-Application Activities187 a. Pre-Application Conference188 A pre-application conference shall be held in accordance with Subsection 2.4.3. In addition, the applicant shall include a concept/schematic plan for review by the Director to help determine whether or not a PD is the appropriate procedure for the applicant and the City. The concept/schematic plan shall include at a minimum the following: i. Proposed uses; ii. Number and type of dwelling or commercial units (as applicable); iii. Floor area of all buildings; iv. Floor area of each use for mixed-use buildings (if applicable); v. Proposed parking capacity and configuration; vi. General site planning layout and phasing; and vii. Summary of proposed deviations from DDC standards and a description of compensating public benefits achieved through the PD process.189 b. Neighborhood Meeting A neighborhood meeting is recommended in accordance with Subsection 2.4.3B. Step 2: Application Submittal and Processing a. The PD application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4 and shall include the following: PD Zoning Document The PD zoning document establishes zoning standards for a planned development and typically addresses land uses, densities, setbacks, building heights, lot coverage and specifically identifies where there are deviations from this DDC. The PD zoning document shall include a development plan map. An application and development plan shall be reviewed by the Director and Planning and Zoning Commission, whose recommendations are forwarded to the City Council for review and approval. PD Development Standards Document a. The PD development standards document sets forth the developer's proposal for and confirms compliance with the development and design standards of this DDC, and identifies the alternative development standards associated with the content of this DDC. 187 Ongoing discussions regarding whether City-initiated applications be exempt from this step? 188 From 35.7.12.3.A, reworded for clarity. Also, instead of three stages (conceptual schematic, PD zoning document, and PD development standards document), we proposed each of these to be application requirements so it is clear that they can be submitted concurrently. We propose the conceptual schematic be submitted prior to the pre-application conference. Did not carry forward cost impact analysis requirement. 189 New. This will allow the applicant to make an argument for pursuing a PD development and allow city staff to determine if the PD process is the appropriate procedure for the proposal. Denton, Texas — Denton Development Code 73 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.73 Rezone to a Planned Unit Development (PD) District b. The PD development standards document shall include design standards that will govern the orientation and design of buildings and other improvements, including but not limited to the following: 5. Architecture, including design standards and building materials for buildings, fences, walls, and other structures, buffering, fencing, etc. The regulations of Subchapter 6 shall be specified, referencing both the existing regulations and the wording of each corresponding substitution, as proposed. The proposed PD district should represent a quality development when weighed overall against the standards in this DDC or the alternative regulations proposed by the applicant; 6. Signs; 7. Narrative description and/or graphic plan that details landscape standards for parks, open space systems, and public-right-of-way. Include general information as to how buffering will be achieved (i.e. fence, vegetation, berm, wall, etc.); 8. Street cross-section design, by classification, for all streets; 9. Parking facilities, parking lot layout, and parking lot landscaping; 10. Bicycle parking facilities, including specifications; 11. All existing and proposed provisions for pedestrian circulation including sidewalks, walkways, crosswalks, trails, pedestrian plazas, and other amenities; and 12. Identification of any alternative pavement treatments, streetscape furniture, art or other amenities associated with plazas, trails, sidewalks, roadways, etc. if applicable. iii. Deviations from the DDC Where the applicant is proposing deviations from the zoning provisions of this DDC, the applicant shall specify both the existing regulations and the wording of each corresponding substitution, as proposed. The proposed PD district shall represent a quality development when weighed overall against the standards in the DDC or the alternative regulations proposed by the applicant and shall address and/or include, but not be limited to, the following development standards: a. Maximum gross density; b. Minimum lot area; c. Minimum lot width and frontage; d. Minimum lot depth; e. Minimum yards and building setbacks: Front (include arterials, collector, and local); side yard (include arterial, corners, and accessory structures) and rear yards; f. Maximum building height (include primary and accessory structures); g. Parking and loading; Denton, Texas — Denton Development Code 74 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.73 Rezone to a Planned Unit Development (PD) District Land uses allowed in each area listed in a land use schedule. This should include the following: permitted uses, uses by right, uses by specific use permit, accessory uses, temporary uses and outdoor operation uses (including walk-up and drive-through for all uses); and Proposed parks, open areas, trails and school sites (if applicable). iv. Prohibited Deviations from the DDC190 Deviations from the following standards shall not be allowed in conjunction with a PD zoning district: a. Section 5.7: Gas We(( Dri((ing and Production b. Section 6.4: Environmenta((y Sensitive Areas c. Section --: F(oodp(ains d. Section --: Tree Code v. Public Benefits to be Provided19' When an applicant is proposing deviations from the zoning provisions of this DDC to establish a PD zoning district, the applicant shall demonstrate how the proposed PD zoning district will generally provide public benefits tojustify the increased flexibility offered by the City through this procedure. vi. Comprehensive Plan Amendment A comprehensive plan amendment application submitted under Section 2.7.1 may be reviewed concurrently with a PD application. vii. Concurrent Subdivision Review A subdivision application submitted under Section 2.5.6 may be reviewed concurrently with a PD application. A preliminary plat for a PD shall only be approved following approval of the rezoning to PD. Step 3: Staff Review and Action192 The Director shall review the PD application and prepare a staff report and recommendation in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, and the following specific approval criteria: a. The proposed development complies with the goals of the comprehensive plan; b. The proposed PD district complies with this DDC, except where modifications are expressly authorized through the PD zoning document, the PD development standards document, and in the PD development plan map; c. The proposed development shall provide a greater level of building design quality, community amenities, and connectivity than would be required if the project were not being developed in a PD district; d. In the case of proposed residential development, that the development will promote compatible buildings and uses and that it will be compatible with the character of the surrounding area; l90 New. These references will be updated in the Consolidated Draft to reflect the new organization and structure of the DDC. 191 N ew. l9z Currently "findings" from 35.7.12.6., and includes criteria from 35.7.12.2.D.1 and 2. Revised and consolidated for clarity. Denton, Texas - Denton Development Code 75 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.73 Rezone to a Planned Unit Development (PD) District e. In the case of proposed commercial, industrial, institutional, recreational and other non-residential uses or mixed-uses, that such development will be appropriate in area, location and overall planning for the purpose intended; and f. The provisions for public facilities such as schools, fire protection, law enforcement, water, wastewater, streets, public services and parks are adequate to serve the anticipated population within the PD district. 4. Step 4: Scheduling and Notice of Public Meetings/Hearings The PD application shall be scheduled for public hearings before the Planning and Zoning Commission and City Council, and noticed in accordance with Subsection 2.4.6. Step 5: Review and Decision a. Planning and Zoning Commission Review and Recommendation The Planning and Zoning Commission shall review the PD application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, and the approval criteria in paragraph 2.7.3C.3, and shall forward its recommendation to the City Council. b. City Council Review and Decision i. The City Council may review and approve, approve with conditions, or deny the PD application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, and the specific approval criteria in paragraph 2.7.3C.3. ii. If the Planning and Zoning Commission recommends denial of the PD application, the rezoning shall become effective only by a three-fourths vote of all members of the City Council. iii. The City Council may also remand the PD application back to the Director or the Planning and Zoning Commission for further consideration. iv. If the City Council remands the PD application back to the Director or Planning and Zoning Commission, additional public hearings may be required before final adoption. c. Protest Procedure i. The rules governing amendment over protest are contained in Chapter 211 of the Tex. Loc. Gov't. Code. The Director may prescribe forms for protest petitions. ii. A protest against a rezoning shall be signed by the owners of 20 percent or more of the area included in such proposed rezoning or of the area of those lots within 200 feet of the property proposed for rezoning, as indicated on the most recently approved City tax roll. In the case of a protest against a rezoning, approval shall require three-fourths vote of the City Council for a rezoning to become effective. In such case, a supermajority vote shall not be required by the Planning and Zoning Commission. Denton, Texas — Denton Development Code 76 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.73 Rezone to a Planned Unit Development (PD) District Step 6: Post-Decision Actions and Limitations a. Adoption of a Planned Development District At the time a PD zoning document is approved by the City Council, it becomes an integral part of this DDC for that PD district established by the City on the property. All future development within the adopted PD district shall thereafter be in conformity with the PD zoning document for that property. b. Future Development Upon adoption of the PD district, the applicant may proceed with the development of the property in accordance with the PD zoning document and, the PD development standards document by applying for preliminary and final plat(s) approval in accordance with the phasing plan in the PD district. c. Administration and Enforcement i. While ownership of a project may subsequently be transferred (in whole or in part), PD zoning will continue to be implemented and maintained on the total acreage of the PD district. It is the responsibility of the owner to notify all prospective purchasers of the existence of the PD district and the PD development plan. ii. In the event that the applicant has failed to comply with the conditions adopted by the City Council in conjunction with the approved PD zoning document, the City may proceed in accordance with Section 1.6, Enforcement. d. Amendments to a Planned Development Generally a. The applicant or its successors may request amendments to the PD zoning document and or PD development standards document. b. Amendments to the approved PD documents shall be delineated as major or minor amendments, according to the criteria set forth in this subsection. c. Amendments to the approved PD documents will not affect development units not included in the proposed amendment. d. Upon receipt of a PD amendment application, the Director193 shall determine if the proposed amendment constitutes a major or minor amendment subject to the criteria in paragraphs ii and iii below. Major Amendments194 a. An amendment will be deemed major if it involves any one of the following: 1. A change in the overall PD district boundary; 2. A significant change to the approximate boundary of one or more development unit(s) from that approved in the PD district, as determined by the Director. A change to an individual development unit generally shall be deemed to be significant if it represents a 10 percent 193 Currently DRC Chair. 194 Revised the determination authority to the Director rather than the DRC. Denton, Texas - Denton Development Code 77 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.73 Rezone to a Planned Unit Development (PD) District increase to the approximate gross area of the development unit as approved in the PD district; 3. An increase of 10 percent or more of the approved number of projected dwelling units or gross leasable area (GLA) for an individual development unit; 4. Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the Director; 5. Any change in land use or density that is likely to negatively impact or burden mobility adjacent to the PD district or to the overall major street system as determined by the Director; or 6. Any other proposed change to the development plan, which substantively alters one or more components of the PD district, as determined by the Director. b. If the Director determines the amendment to be major, the amendment request shall be processed under the rezoning procedure described in Subsection 2.7.2. iii. Minor Amendments a. Amendments not meeting one or more of the criteria listed above for major amendments shall be considered minor. If the Director determines the amendment to be minor, the Director may administratively act on the amendment and attach stipulations or conditions of approval thereto, to protect the public health, safety, and welfare. b. At least 15 days prior to consideration of a requested minor amendment by the Director, notice of the proposed minor amendment shall be mailed to each owner of property wholly or partly within 200 feet of the affected development unit(s) to which the amendment relates. c. If written protest to any minor amendment is received from any notified property owner within 10 days of the notification mailing date and such protest cannot be resolved, then the minor amendment shall be reclassified as a major amendment. No additional application shall be required; however, all provisions governing major amendments shall then apply. d. If written protest is not received as described above, the Director shall render a decision on the minor amendment request. e. The Director's decision shall be final unless appealed to the Planning and Zoning Commission pursuant to Subsection 2.4.8. iv. Administrative Decision Appeals a. The applicant or a property owner within 200 feet may appeal an action or decision by the Director on minor amendments to the Planning and Zoning Commission within 10 dayslgs from the date of the Director's decision. l9s Changed from seven days to 10 days to be consistent with other appeal processes. (current 35.7.12.9.A) Denton, Texas - Denton Development Code 78 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.7.4 Zoning Text Amendment b. Appeals shall be in writing on a form provided by the Director and shall include only the specific items being appealed. v. Appeals Concerning Size of a Planned Development An applicant may appeal to the Planning and Zoning Commission and then to City Council if the land area to be proposed for PD does not meet the minimum size requirements in paragraph 2.7.3B of this DDC when the applicant can demonstrate that: a. The development is unique and requires PD in order to be developed; and b. The development is not a single use. 2�'7�� m�uim�� „'�� m�m��m�m�� A. Purpose This section describes the review and approval procedures for amending the text of this DDC to respond to changed conditions or changes in public policy, or to advance the general welfare of the City. B. Applicability197 A zoning text amendment shall be initiated by the Director, the Planning and Zoning Commission, or the City Council. C. DDC Amendment Procedure Figure 2.7-4 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of a zoning text amendment. Additions or modifications to the common review procedures are noted below. 196 Mostly new procedures. Replaces the minimal standards in current 35.3.4, Zoning Amendment Procedure. 197 From 35.3.4.C(1)(d), revised to remove the ability of a property owner or their authorized agent to initiate a Code amendment. These are larger policy decisions (legislative amendments) that should be initiated by the City. Denton, Texas - Denton Development Code 79 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.7.4 Zoning Text Amendment Figure 2.7-4: Summary of Zoning Text Amendment Procedure This step does not apply L'� Application Review by Staff prepared by the Director Step 1: Pre-Application Activities Not required. P8tZ and City P8tZ review; City Zoning text Council hearings Council review and amendment shall required decision not authorize specific development activity Step 2: Application Submittal and Processing A zoning text amendment application shall be prepared by the Director. If the zoning text amendment is initiated by the Planning and Zoning Commission or City Council, the Director shall prepare the application at the request of the Planning and Zoning Commission or City Council. Step 3: Staff Review and Action The Director shall review the zoning text amendment application and prepare a staff report and recommendation in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5. Step 4: Scheduling and Notice of Public Meetings/Hearings The zoning text amendment application shall be scheduled for public hearings before the Planning and Zoning Commission and City Council, and noticed in accordance with Subsection 2.4.6. Step 5: Review and Decision a. Planning and Zoning Commission Review and Recommendation The Planning and Zoning Commission shall review the zoning text amendment application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, and shall forward its recommendation to the City Council. Denton, Texas - Denton Development Code 80 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.'� Il�ll�ir� �ir�� II:�II:�G," �ic�n�ir��ic�n�ir�� 2.7.5 Annexation b. City Council Review and Decision i. The City Council may review and approve, approve with conditions, or deny the zoning text application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5. ii. If the City Council remands the application back to the Director or Planning and Zoning Commission, additional public hearings may be required before final adoption. c. Protest Procedure i. The rules governing amendment over protest are contained in Chapter 211 of the Tex. Loc. Gov't. Code. The Director may prescribe forms for protest petitions. ii. A protest against a zoning text amendment shall be signed by the owners of 20 percent or more of the area included in such proposed rezoning or of the area of those lots within 200 feet of the property proposed for rezoning, as indicated on the most recently approved City tax roll. In the case of a protest against a rezoning, approval shall require three-fourths vote of the City Council for a rezoning to become effective. In such case, a supermajority vote shall not be required by the Planning and Zoning Commission. Step 6: Post-Decision Actions and Limitations Post-decision actions and limitations in Subsection 2.4.8 shall apply with the following modifications: a. Approval of a zoning text amendment authorizes the approved revision to the text only. A zoning text amendment shall not authorize specific development activity. b. A zoning text amendment shall remain valid until the revised text of the DDC is subsequently amended in accordance with this Subsection 2.7.4. 2�'7�� m�m��ui�m�� Annexation into the Denton city limits may occur pursuant to the procedures outlined in Chapter 43 of the Tex. Loc. Gov't. Code and any other applicable City Ordinance. 198 Replaces current 35.3.14, PeripheryDevelopmentAnnexation Criteria. This language aligns the DDC with provisions in the Tex. Loc. Gov't. Code. Denton, Texas - Denton Development Code 81 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� II"'ll��c61b6116�y �ir�� If��ll6�fr Il�ira��uir�� 2.8.1 Variance �� "III�� A. Purposezoo 1. This section describes the process for gaining relief from the strict application of the DDC, where literal enforcement of the DDC will result in an unnecessary hardship and where the variance is necessary to develop a specific parcel of land which cannot otherwise be developed in the same manner allowed for other similar parcels. 2. The variance procedure is not intended to allow a use in a zoning district where it is not currently permitted, or to alleviate inconveniences or financial burdens imposed on landowners?ol B. Applicability Any property owner seeking relief from this DDC may request a variance when the strict application of the DDC would meet the approval criteria listed in paragraph 2.8.1C.3. C. Variance Procedure The following variance procedure is established to comply with Tex. Loc. Gov't. Code § 211.008 and 211.009. Figure 2.8-1 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of variances. Additions or modifications to the common review procedures are noted below. 199 Adapted from current 35.3.6, Zoning Board of Adjustment Procedure. Did not carry forward hardship variance from subdivision procedure currently approved by the Planning and Zoning Commission. The new suite of flexible standards introduced in the new DDC should address requests for minor deviations from the Code (i.,e., minor modification and PD development). zoo From the first portion of 35.3.6.B.2, revised for clarity. zoi New. Denton, Texas - Denton Development Code 82 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� II"'ll��c61b6116�y �ir�� If��ll6�fr Il�ira��uir�� 2.8.1 Variance Figure 2.8-1: Summary of Variance Procedure Pre-application Submit to Review by Staff Zoning Board of Zoning Board of Variance expires conference Director Adjustment Adjustment after 24 months required hearing required review and inactivity decision Step 1: Pre-Application Activities a. Pre-Application Conference A pre-application conference shall be held in accordance with Subsection 2.4.3. Neighborhood Meeting Not required. Step 2: Application Submittal and Processing2°Z a. The variance application shall be submitted and accepted, and may be revised or withdrawn, in accordance with paragraph 2.4.3B. b. Initiation of a variance application may be made by recommendation of the Director or application by the property owner or their authorized agent. Step 3: Staff Review and ActionZo3 The Director shall review the variance application and prepare a staff report and recommendation in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, and the following specific approval criteria: a. Special circumstances or conditions apply to the parcel for which the variance is sought, which circumstances or conditions are peculiar to such parcel and do not apply generally to other parcels in the same district or neighborhood and that said circumstances or conditions are such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of such parcel; z°z From current 35.3.6.C.1, revised to the Director instead of the City Manager. zo3 Combination of the criteria from the zoning variance and the sign regulations variance. We did not carry forward paragraph 35.3.6.B.2 that specified which development regulations the Board may grant variances from, since it is stated in the applicability section that a variance can be granted from the zoning regulations, generally. Denton, Texas - Denton Development Code 83 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� II"'ll��c61b6116�y �ir�� If��ll6�fr Il�ira��uir�� 2.8.1 Variance b. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the district or neighborhood in which the parcel is located; c. The variance granted is the minimum variance that will accomplish this purpose; d. The literal enforcement and strict application of the provisions of this ordinance will result in an unnecessary hardship inconsistent with the general provisions and intent of this ordinance and that in granting such variance the spirit of the ordinance will be preserved and substantial justice done; e. The granting of a variance is not solely for the purpose of mitigating a financial hardship; and f. The condition or feature that creates the need for the variance did not result from the owner's actions. 4. Step 4: Scheduling and Notice of Public Meetings/Hearings Variance applications shall be scheduled for a public hearing before the Zoning Board of Adjustment. All public hearings shall be noticed pursuant to Subsection 2.4.6, Tex. Loc. Gov't. Code §211.008, and any rules of procedure adopted by the Zoning Board of Adjustment. Review and Decision a. The Zoning Board of Adjustment shall review and approve or deny the variance application in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5 and the specific approval criteria in paragraph 2.8.1C.3. b. After closing the public hearing, the Zoning Board of Adjustment shall take action consistent with this DDC and state law. A concurring vote of 75 percent204 of the members of the Zoning Board of Adjustment shall be required to approve a variance application. Post-Decision Actions and Limitations a. Notice of Decision Within five business days following any decision by the Zoning Board of Adjustment, the Director shall provide written notification of such decision to the applicant. b. Expiration of VarianceZos If the property owner has not commenced development or obtained the required permits to carry out the approved variance within 24 months of the variance approval, the variance shall automatically expire. c. Non-TransferableZob An approved variance shall apply only to the property or structure described in the approval and shall not be transferable to any other property or structure. 204 State Code requires a concurring vote of 75 percent of the members of the board (211.009). zos New. Would Denton like to impose expirations of a variance? zo6 New. Denton, Texas - Denton Development Code 84 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� II"'ll��c61b6116�y �ir�� If��ll6�fr Il�ira��uir�� 2.8.1 Variance d. Appeals The decision of the Zoning Board of Adjustment is final and may be appealed to a district court, county court, or county court at law within 10 days after the date the decision is filed in accordance with the procedures contained in Chapter 211 of the Tex. Loc. Gov't. Code. e. Suspension and Revocation of a Variance207 i. When the City determines there is a failure to comply with any term, condition, or requirement made a condition of the approval of a variance, the City Council may direct the Building Official or Director, as appropriate, to suspend the variance pending compliance with the terms, conditions, or requirements under which the variance was approved. ii. Notice of suspension or revocation of a variance shall be sent by certified mail, return receipt requested. iii. The Zoning Board of Adjustment shall hold a public hearing no later than 45 days after notification. If the body granting the variance determines there is a failure to comply with any term, condition, or requirement made a condition of the variance, the body may revoke the variance or take such action as it considers necessary to ensure compliance. iv. A decision to revoke a variance is effective immediately. Notice of the decision by the Zoning Board of Adjustment shall be sent by certified mail. 207 From current 35.1.10.3. Did not carry forward provisions for the special exception procedure. Denton, Texas - Denton Development Code 85 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� II"'ll��c61b6116�y �ir�� If��ll6�fr Il�ira��uir�� 2.8.2 Minor Modification � < < Commentary: As recommended in the Assessment Memo, this new minor modification procedure replaces the current Alternative Development Plan (ADP) and gives staff flexibility to approve minor deviations from certain dimensional or other numeric standards. The review standards are intended to ensure that they are approved only when justified by unique circumstances, rather than assumed an automatic deviation by right. This new procedure differs from the current ADP process by allowing staff to make the determination based on a set of qualifying criteria. The application does not require Planning and Zoning Commission review; however, the Director may refer the application to the Planning and Zoning Commission. This procedure is intended to streamline development review times and to allow a degree of flexibility often required when developing challenging sites. Many communities use the minor modification procedure modestly at first, and then revise it to add additional adjustments or remove adjustments if the tool proves successful. In this draft, we include a table of allowable minor modifications to indicate which standards may be adjusted, and to what extent. A. Purpose 1. The minor modification procedure is intended to allow minor modifications or deviations from the dimensional or numeric standards of this DDC with approval by the Director. 2. Administrative adjustments are intended to provide greater flexibility when necessary, without requiring a formal zoning amendment or variance. 3. The minor modification procedure is not a waiver of current standards of this DDC and shall not be used to circumvent the variance procedure. B. Applicability Generally a. The minor modification procedures shall apply to the standards and limitations established in Table 2.2, A((owab(e Minor Modifications. b. The minor modification procedure shall not apply to any proposed modification or deviation that results in: i. An increase in the overall project density;209 ii. A change in permitted uses or mix of uses; iii. A deviation from the use-specific standards in Section --, Use-Specific Standards; iv. A deviation from floodplain regulations in Section --; v. A deviation from sensitive area protection standards in Section --, Environmenta((y Sensitive Areas; vi. A change to a development standard already modified through a separate minor modification or variance; or vii. Requirements for public roadways, utilities, or other public infrastructure or facilities. 208 This new procedure replaces the current Alternative Development Plan procedure in its entirety. 209 Density metrics requires further coordination with Module 1: Zoning Districts and Uses. Denton, Texas - Denton Development Code 86 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� II"'ll��c61b6116�y �ir�� If��ll6�fr Il�ira��uir�� 2.8.2 Minor Modification Table of Allowable Minor Modifications An application for a minor modification that is not related to a request for "reasonable accommodation" under the Federal Fair Housing Act or the Religious Land Use and Institutionalized Persons Act may request only the types of adjustments shown in Table 2.2: A((owab(e Minor Modifications. Reasonable Accommodations Under the FFHAZ" a. In response to a written application identifying the type of housing being provided and the portions of the Federal Fair Housing Act that require that reasonable accommodations be made for such housing, the Director is authorized to take any of the following actions in order to provide reasonable accommodations without the need for a rezoning or variance: i. Modify any facility spacing, building setback, height, lot coverage, or landscaping requirement by no more than ten percent; or ii. Reduce any off-street parking requirement by no more than one space. b. The Director may approve a type of reasonable accommodation different from that requested by the applicant if the Director concludes that a different form of accommodation would satisfy the requirements of the Federal Fair Housing Act with fewer impacts on adjacent areas. zio These values are suggestions only and can be modified prior to adoption. zll New. Denton, Texas - Denton Development Code 87 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� II"'ll��c61b6116�y �ir�� If��ll6�fr Il�ira��uir�� 2.8.2 Minor Modification c. The decision of the Director shall be accompanied by written findings of fact as to the applicability of the Fair Housing Act, the need for reasonable accommodations, and the authority for any reasonable accommodations approved. d. Requests for types of accommodation that are not listed above may only be approved through a variance or rezoning process. 4. Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA)Z'Z a. The Director may grant minor modifications in order to eliminate a substantial burden on religious exercise as guaranteed by the Federal Religious Land Use and Institutionalized Persons Act of 2000, as amended. b. In no circumstance shall the Director approve an adjustment that allows a religious assembly use, or any uses, structures, or activities accessory to it, in a zoning district where this DDC prohibits such use or accessory use, structure, or activity. c. A person may claim that a provision of the DDC substantially burdens the person's free exercise of religion. In making such a claim a person shall give written notice to the City by certified mail, return receipt requested according to the provisions of Texas Civil Practice & Remedies Code § 110.001, et. seq. (Vernon Supp. 2001). d. The Director may grant a waiver or partial waiver of the provisions of the DDC according to federal or state law to accommodate a person's free exercise of religion.z13 Limitations on Minor Modifications2'4 Except when requested as a reasonable accommodation for Federal Fair Housing Act ("FFHA") purposes, a request for an minor modification shall not be used to further modify a development standard that, as applied to the subject property, already qualifies as an exception to, or modification of, a generally applicable development standard required under Subchapter --: Deve(opment Standards. C. Minor Modification Procedure Generally a. An application for a minor modification shall only be submitted and reviewed concurrently with an application for a specific use permit, temporary use permit, site plan approval, or plat approval (minor, preliminary, final, conveyance, or replat). b. Each code standard in Table 2.2 shall be considered a separate minor modification request as it relates to the approval criteria in paragraph 2.8.2D, but multiple modifications may be considered in one minor modification application. Review and Decision a. Where the concurrently reviewed application requires review and approval by the Director, he Director shall review and approve, approve with conditions, or deny the modification in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5 and the specific criteria in paragraph 2.8.2D. The zlz The first two paragraphs are new, the other provisions are from current 35.3.9, Religious Freedom Procedures. z13 Updated from City Council to Director. z14 New. Denton, Texas - Denton Development Code 88 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� II"'ll��c61b6116�y �ir�� If��ll6�fr Il�ira��uir�� 2.83 Appeal of Administrative Decision Director may refer the minor modification to the Planning and Zoning Commission prior to making a decision. b. Where the concurrently reviewed application requires review and approval by the Planning and Zoning Commission or City Council, the Commission or Council, as applicable, shall review and approve, approve with conditions, or deny the modification in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, and the specific criteria in paragraph 2.8.2D.zls Effect of Approval Approval of a minor modification authorizes only the particular modification of standards approved, and only to the subject property of the application. 4. Expiration of Minor Modification A minor modification shall automatically expire if the associated development application is denied or if approval of the concurrently reviewed application expires, is revoked, or otherwise deemed invalid. D. Minor Modification Approval Criteria2'6 In reviewing a proposed minor modification, the decision-making body shall consider whether and to what extent the modification is of a technical nature that: 1. Compensates for an unusual site condition; 2. Eliminates a minor inadvertent failure to comply with a DDC standard; or 3. Protects a sensitive resource, natural feature, or community asset. 2� �� ,�,��III ��' ��muim�ui��ui�� Ilf;��ui�ui�m�� A. Purpose The purpose of this section is to establish a remedy whereby persons claiming to having been aggrieved by a decision of the Director or other administrative official in administering this DDC may appeal that decision administratively. B. Applicability Any person may appeal a decision of an administrative office or agency made in the administration or enforcement of this DDC. Appeals shall be made to the appropriate body as indicated in Table 2.A: Summary of Deve(opment Review Procedures in accordance with state law. C. Procedure Figure 2.8-2 identifies the applicable steps from the common review procedures in Section 2.3 that apply to the review of appeals. Additions or modifications to the common review procedures are noted below. zis This provision requires further discussion. z16 Replaces current 35.13.5.A. zl' Replaces current 35.3.7.D. Denton, Texas - Denton Development Code 89 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� II"'ll��c61b6116�y �ir�� If��ll6�fr Il�ira��uir�� 2.83 Appeal of Administrative Decision Figure 2.8-2: Summary of Appeal Procedure Optional Submit to Review and staff Hearing required Review and Director within 10 report by Director with appeal decision depends days of decision decision authority on application being appealed depending on type application type Step 1: Pre-Application Activities a. Pre-Application Conference Not required. Neighborhood Meeting Not required. Further appeals to the courts Step 2: Application Submittal and Processing An appeal application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4, with the following modifications: a. Burden of Proof on Appellant The appellant has the burden of proving the necessary facts to warrant approval of an appeal by the appropriate decision-making body. Such proof shall be provided at time of application. b. Time Limit Appeals shall be made in writing and filed with the Director within 10 days of the action or decision being appealed. c. Stay of Proceedings An appeal stays all proceedings from further action unless the Director determines that a stay would create adverse impacts to the health, safety, or welfare of the City or neighborhood. Step 3: Staff Review and Action The Director shall review the appeal application and prepare a staff report in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, with the following modifications: Denton, Texas - Denton Development Code 90 Module 2- Administration and Procedures - Public Draft - March 2018 Subchapter 2: Administration and Procedures �.� II"'ll��c61b6116�y �ir�� If��ll6�fr Il�ira��uir�� 2.8.4 Alternative Environmentally Sensitive Area (ESA) Plan a. Staff review shall only confirm that the application is complete and that the appeal is heard by the appropriate authority. b. The staff report shall not make a formal recommendation. The report shall include necessary facts to warrant an appeal, which shall be provided by the appellant/applicant. 4. Step 4: Scheduling and Notice of Public Meetings/Hearings An appeal shall be scheduled for public hearings before the Zoning Board of Adjustment, Planning and Zoning Commission, or City Council, and noticed in accordance with Subsection 2.4.6. Step 5: Review and Decision a. The appropriate decision-making body shall affirm, reverse, or amend a decision or interpretation made by another decision-making body in accordance with the general approval criteria applicable to all applications in Subsections 2.4.5, and shall consider the following: i. The facts stated in the application, as presented by the appellant and/or the Director; ii. The requirements and intent of the applicable standards from this DDC compared to the written decision that is being appealed; iii. Evidence related to how the applicable standards from this DDC have been administered or interpreted in the past; and iv. Consistency with the Comprehensive Plan. b. The appeal decision-making authority may reverse a previous decision in whole or in part, or may modify the order, requirement, decision, or determination appealed from. c. The appeal decision-making authority may attach conditions of approval on any appeal to ensure the health, safety, and welfare of the City. Post-Decision Actions and Limitations Post-decision actions and limitations in Subsection 2.4.8 shall apply. Any further appeals from the appropriate appeal decision-making authority shall be made to the courts in accordance with state law. 2� �� Ill��m��ui�� Ilf�;m��ui��m��°m�m��lllllly S�m��ui��ui�� (IIf�;S � II@Ill�m� Commentary: This subsection will be completed upon adoption of the new ESA ordinance currently underway by City Staff. Denton, Texas - Denton Development Code 91 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 2: Administration and Procedures �.� II°�116��a�ir6� Il�ir��ir�r��6a�ir� Il�ira��uir�� 2.9.1 Certificate of Appropriateness Commentary: The historic preservation procedures were left largely intact and in their current locations. This section provides cross- references to those procedures elsewhere in the DDC (which will likely be relocated to Subchapter 4, Overlay and Historic Districts in this updated DDC). This section will reflect the most recent revisions currently underway by City Staff. 2�� ur�'ui�� ' ��,��ui��m�� An application for a certificate of appropriateness shall follow the procedures in Section 35.7.7.9. , An application for demolition or removal of historic landmarks shall follow the procedures in Section 35.7.6.9. 2�� III��'ui��ui� ��m��ui�m� Ilf;�ui��ui�� Ilf;��ui�m��ui�m� An application for establishing an historic conservation district shall follow the procedures in Sections 35.7.6 and 35.7.7. 2�� III��'ui��ui� Ill,,,,�m��m�� Ilf;��ui�m��ui�m� An application for designation of a historic landmark shall follow the procedures in Section 35.7.6. 2�� III��'ui��ui� Ilf;�ui��ui�� Ilf;��ui�m��ui�m� An application for establishing an historic district shall follow the procedures in Section 35.7.8.4. Denton, Texas - Denton Development Code 92 Module 2- Administration and Procedures — Public Draft — March 2018 Subchapter 3: Zoning Districts �.� II°�116��a�ir6� Il�ir��ir�r��6a�ir� Il�ira��uir�� 2.9.5 Historic District Designation (Module 1) Denton, Texas - Denton Development Code 93 Module 2- Administration and Procedures — Public Draft — March 2018 i � ! ` � : � ` � �: • • � Denton, Texas - Denton Development Code 95 Module 2- Administration and Procedures — Public Draft — March 2018 � � � � � � �� I � � (Module 1) Denton, Texas - Denton Development Code 96 Module 2- Administration and Procedures — Public Draft — March 2018 i � ! ` • : � ` ` • ! ' ` � • � • (Module 3) Denton, Texas - Denton Development Code 97 Module 2- Administration and Procedures — Public Draft — March 2018 �, . 7 # � � .. 7 � ; � � � �,,.. #; � p (Module 3) Denton, Texas - Denton Development Code 99 Module 2- Administration and Procedures — Public Draft — March 2018 i . ! ` � : � ` ' • Commentary: This subchapter includes general rules of construction and a consolidation of definitions found throughout the DDC. Measurement terms (such as height, setbacks, lot coverage, etc.) are included in Section 8.2. Section 8.3 includes definitions of the use categories and specific use types from subchapter 5. Section 8.4, All Other Terms Defined, includes definitions of key terms in this module that are necessary to understand the context and applicable of certain standards. Several of these definitions were taken from the current DDC and were updated for clarity or consistency as noted. Definitions that were added since Module 1 of the DDC Update are highlighted in yellow. As additional content is developed (in Module 3, development standards), this subchapter will continue to expand. �� I�� All provisions, terms, phrases and expressions contained in the DDC shall be liberally construed in order that the true intent and meaning of the City Council may be fully implemented. The Director is responsible for making any interpretations of this subchapter. �� 2 III��'��uim�� Illllllll�u��ui�m�� m�� "'�� In the event of a conflict or inconsistency between the text of this DDC and any heading, caption, figure, illustration, table, or map, the text shall control. �� Ill,,,,ui�� Ilf�;��lll�� Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities. �� w��ui�� ",�ui�� The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the City, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the City. A. "Day" means a calendar day. B. "Week" means seven calendar days. C. "Month" means a calendar month. D. "Year" means a calendar year. �� Ilf;��lll��ui�� ' ��ui Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other zl$ Previously 35.1.4. zl9 Renamed from "Text." Reworded for clarity. zz° Reworded for clarity. Denton, Texas - Denton Development Code 100 Module 2- Administration and Procedures - Public Draft - March 2018 officer to designate, delegate and authorize a subordinate to perform the required act or duty, unless the terms of the provision or section specifies otherwise. �� I a��ui��lll �� "��ui��lll a�� Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. �� '7 �m��y �m�� Ilf;�ui��ui�m��y „'��m�� The words "shall," "must," and "will" are mandatory, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive. �� m�j�um��ui�m�� Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows: A. "And" indicates that all connected items, conditions, provisions, or events apply; and B. "Or" indicates that one or more of the connected items, conditions, provisions, or events apply. Coverage, Lot or Site Total area of all structures, paved driveways, or other soil disturbances that will not allow normal water infiltration. The coverage is expressed as a percentage of such area in relation to the total gross area of the lot or site. Landscaping shall not be deemed part of the lot or site coverage. FAR See Floor-Area-Ratio. Floor Area The floor area is the gross horizontal area of the one or more floors of a structure, excluding interior parking spaces. Residential floor space shall be exclusive of carport, basement, attic, patios and open porches. Same as Gross Leasable Floor Space. Floor Area Ratio (FAR) The ratio which is the result of dividing the total floor area of a structure by the area of the lot on which it is located. For example, a structure with a floor area of 20,000 square feet, located on a lot of 40,000 square feet has a floor area ratio (FAR) of one-half. (insert graphic] �2�2 III��'�ui��'� zzl This is new. zzz This is new. zz3 New section. Denton, Texas - Denton Development Code 101 Module 2- Administration and Procedures - Public Draft - March 2018 Grade 1. The inclination or slope of a conduit, channel or natural ground surface, usually expressed in the percentage of units of vertical rise or fall per unit of horizontal distance; 2. The elevation of the invert at the bottom of a conduit, canal, culvert, sewer, etc.; or 3. The finished surface of a canal bed, roadbed, top of an embankment or bottom of excavation. Grade, Natural The existing grade or elevation of the ground surface that exists in its unaltered state. Height, Building or Structure224 The vertical distance to the highest point of the roof for flat roofs; to the deckline of mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the curb level if the building is not more than 10 feet from the front property line or from the grade in all other cases. Except as otherwise specified, the height of a structure other than a building is the vertical distance from the average grade at the base of the structure to the highest point of the structure. � Lot A designated parcel, tract or area of land established by a Plat or otherwise permitted by law to be used, developed or built upon as a unit. Lot Area The total horizontal area within the lot lines of a lot, said area to be exclusive of street right-of-way. Lot, Corner A lot abutting the intersection of two or more streets other than an alley. Lot Coverage225 That portion of a lot used for building, parking, vehicular and pedestrian circulation, loading areas, and outside storage areas. Lot coverage shall not include swimming pools. Lot Depth The horizontal distance from the midpoint of the rear of lot line to the midpoint of the front lot line. Lot, Double Frontage A lot having frontage on two nonintersecting streets, as distinguished from a corner lot. Double frontage lots are prohibited. Lot, Flag Any lot without standard legal access to a City street, and that is provided with access by a driveway parallel to the lot line of a lot having standard access to a public right-of-way. Lot Frontage That portion of a lot adjacent to a street. (insert graphic] zz4 Definition from 35.23.2. zzs Current internal procedures do not include anything beyond primary and accessory buildings when calculating lot coverage for single-family uses. Further discussion is required on this issue, especially as it relates to paving over yards to supply parking in residential areas near the universities. Denton, Texas — Denton Development Code 102 Module 2- Administration and Procedures — Public Draft — March 2018 Lot, Interior A lot other than a corner lot or a through lot. Lot Line A boundary of a lot. "Lot line" is synonymous with "property line." Lot Line, Front The lot line separating the lot from the street other than an alley. In the case of a corner lot, there shall only be one street line considered the front lot line. The front lot line adjoins the public or private rights- of-way where the entrance/address is located. Lot, Gross Area An area under public or private property ownership, whose lot lines are described by Plat or deed. Lot Line, Rear A lot line which is opposite and most distant from the front lot line, and in the case of an irregular, triangular, or other shaped lot, a line 10 feet in length within the lot parallel to and at a maximum distance from the front lot line. Lot Line, Side Any lot line not a front or rear lot line. (insert graphic] Lot of Record An individual lot or a lot which is a part of a subdivision, the map of which has been legally recorded in the office of the Denton County Clerk; or a parcel of land the deed of which has been recorded in the office of the Denton County Clerk. Lot, Reversed Corner A corner lot, the side street line of which is substantially a continuation of the front line of the first lot to its rear. (insert graphic] Lot, Through An interior lot having frontage on two parallel or approximately parallel streets other than alleys. Through lots are prohibited. (insert graphic] Lot Width The horizontal distance between the side lines, measured at the front property line adjacent to the public right-of-way. The lot width for a corner lot shall be measured along the right-of-way upon which the address is assigned. (insert graphic] � � � Front yard An open, unoccupied space on a lot facing a street and extending across the front of the lot between the side lot lines and from the main building line as specified for the district in which it is located (the "building setback line"). Denton, Texas - Denton Development Code 103 Module 2- Administration and Procedures — Public Draft — March 2018 Rear Yard See "Yard, Rear." Side Yard See "Yard, Side." Setback The minimum distance between by which any building or structure must be separated from a street right- of-way or lot line. Yard A required open space located on the same lot as the principal structure, unoccupied and unobstructed except for accessory uses and landscaping. Yard, Front A yard extended across the full width of and situated between the front lot line and the principal structure extending to the side lot lines. In the case of a corner lot, the front yard adjoins the public or private rights-of-way where the entrance/address is located. Yard, Rear A yard extended across the full width of and situated between the rear lot line and the principal structure extending to the side lot lines. In the case of a corner lot, the rear yard shall not extend past the corner side yard. Yard, Side A yard extended across the full width of and situated between the side lot line and the principal structure extending from the front yard to the rear yard. In the case of a corner lot, the corner side yard shall extend from the front yard to the rear lot line. (Submitted as Part of Module 1) Accessibility Features of sites, facilities, building and elements by individual with disabilities; as regulated by local, state and federal agencies. Accessory Building or Structure A structure on the same lot with, and of a size and nature customarily incidental and subordinate to, the principal structure. Accessory Use A use incidental or secondary to the principal use of a lot, building or structure and located on the same lot as the principal use. Adult Arcade Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to 5 or fewer persons per machine at any one Denton, Texas - Denton Development Code 104 Module 2- Administration and Procedures — Public Draft — March 2018 time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult Bookstore/Adult Video Store 1. A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following: a. Books, magazines, periodicals or other printed matter, or photo-graphs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or b. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." 2. For the purpose of this definition, a commercial establishment shall be considered to have as "one of its principal business purposes" the sale or rental of the materials described in paragraph 1 above, if: a. The establishment makes use of a sign visible from any public street, whether located on or off the property of the establishment, advertising the availability at the establishment of any materials described in paragraph 1; b. The establishment devotes more than 30 percent of its total floor area which is open to the public to the display of items for sale or rental that are materials described in paragraph 1; c. More than 30 percent of the total number of items displayed for sale or rental by the establishment are materials described in paragraph 1; or d. The establishment regularly maintains on the property for sale or rental materials described in paragraph 1 whole total retail value is more than 50 percent of the total retail value of all materials kept on the premises for sale or rental. Adult Cabaret A nightclub, bar, restaurant, or similar commercial establishment which regularly features: 1. Persons who appear in a state of nudity; or 2. Live performances which are distinguished or characterized by an emphasis on "specified sexual activities" or the exposure of "specified anatomical areas"; or 3. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult Motel A hotel, motel, or similar commercial establishment that: Offers accommodations to the public for any form of consideration; provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or 2. Offers a sleeping room for rent for a period of time that is less than 10 hours; or Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours. Denton, Texas - Denton Development Code 105 Module 2- Administration and Procedures — Public Draft — March 2018 Adult Motion Picture Theater A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult Theater A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are distinguished or characterized by an emphasis on "specified sexual activities" or the exposure of "specified anatomical areas." Alley A public way that provides access to abutting property and which is not intended for general travel or circulation. Alleys are typically a secondary means of access to a property. Alternative Mounting Structure A man-made tree, clock tower, church steeple, bell tower, utility pole, light standard, identification pylon, flagpole, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas. Antenna A structure or device used to collect or radiate electromagnetic waves, including directional antennas, such as panels, wireless cable and satellite dishes, and omni-directional antennas, such as whips, but not including satellite earth stations. Antenna Array An arrangement of antennas and their supporting structure. Antenna, Dish A parabolic bowl shaped device that receives and/or transmits signals in a specific directional pattern. Antenna, Panel An antenna which receives and/or transmits signals in a directional pattern. Antenna, Stealth A telecommunications antenna that is effectively camouflaged or concealed from view. Antenna, Telecommunications An antenna used to provide a telecommunications service. This excludes lightning rods, private mobile radio systems, amateur radio antennas less than 50 feet (15 meters) in height and whip antennas less than four inches (10 cm) in diameter and less than 10 feet (three meters) in height. Antenna, Whip An omni-directional dipole antenna of cylindrical shape which is no more than 6 inches (15 cm) in diameter. Applicant226 Unless otherwise specified, an owner or other person with a legal property interest, including heirs, successors, and assigns, or an owner's authorized agent, who has filed an application for zoning, subdivision, or development activity. zz6 New. Denton, Texas — Denton Development Code 106 Module 2- Administration and Procedures — Public Draft — March 2018 Architectural Compatibility22' Consistency in roof pitch, exterior construction materials, exterior color, and architectural design and detail. Assisted Living Facility An establishment that: 1. Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and 2. Provides personal care services. Basement A building story partially or completely underground. A basement shall be counted as a story in computing building height where any portion of a basement has more than one-half of its height above g rad e. Bedroom Any room other than a living room, family room, dining room, kitchen, bathroom, closets, or utility room, for the purpose of this DDC, shall be considered a bedroom. Dens, studies, etc. with or without closets and similar areas, which may be used as bedrooms shall be counted as bedrooms for the purposes of this Chapter. Buffer A strip of land that includes landscaping, fencing, walls, vegetated earthen berm, or any combination thereof. Building Any permanent structure designed, used, or intended to be used for human occupancy or use or to support the human occupancy or use of land, including manufactured homes. Building Permit A document signed by the Building Official or their authorized representative as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, repair, remodeling, rehabilitation, alteration, conversion, demolition, moving, installment, or portion of a structure or building, which acknowledges that such use or building complies with the provisions of this Chapter or an authorized variance or specific use permit there from. Building, Principle A building in which the primary use of the lot on which the building is located is conducted. Business License [insert definition here] Carport A partially enclosed structure used for the housing of motor vehicles, the property of, and for use only by the occupants of the lot upon which such structure is located. For purposes of zoning, a carport attached to a principal structure shall be regarded as part of that principal structure and not as an accessory structure. A detached carport shall be classified as an accessory structure. zz' Relocated from accessory structures in 35.12.4.B. Denton, Texas - Denton Development Code 107 Module 2- Administration and Procedures - Public Draft - March 2018 Certificate of Occupancy Certificate issued by the Building Official for the use of a building, structure or land, when it is determined by the Building Official that the building, structure or proposed land use complies with the provisions of this DDC and all applicable Codes of the City of Denton City The City of Denton, Denton County, Texas, and its extraterritorialjurisdiction. City Council The City Council of the City of Denton, Texas. Civil Engineering Plans22$ Plans, profiles, cross-sections, and other required technical drawings and details for the construction of public and private improvements prepared by a registered engineer. Co-Location A single telecommunications tower and/or site used by more than one telecommunications service provider. Commercial Greenhouse or Nursery229 An establishment, including a building, part of a building, or open space, for the growth, display, and/or sale of plants, trees, and other materials used in indoor or outdoor planting for retail sales and incidental wholesale trade. Commercial Incinerator Establishments primarily engaged in the collection and disposal of refuse by processing or destruction for profit. Examples would be furnaces or similar devices for the burning to ash of trash or bodies. Community Center A building used as a place of ineeting, recreation, or social activity and not operated for profit and which neither alcoholic beverages or meals are normally dispensed or consumed, and typically for use by the residents of a particular development or the community. Comprehensive Plan The comprehensive plan of the City of Denton, Texas as adopted by the City Council. The comprehensive plan shall consist of a land use plan, a mobility plan, a water system plan, a sanitary sewer plan, a storm drainage plan, a parks and recreation plan, and such other plans as may be adopted by the City. Conveyance Plat A plat that is granted pursuant to the terms of Subsection 2.6.5: Conveyance P(at. Development23o Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, paving, drainage or utilities. Development activities include: subdivision of land; construction or alteration of structures, roads, parking, fences, pools, signs, temporary uses, utilities, and other facilities; installation of septic systems; grading; excavation, mining or drilling operations; deposit of refuse, debris, or fill materials; and clearing of natural vegetative cover (with the exception of agricultural activities as defined and as permitted). Routine repair and maintenance activities are exempted. zz$ New. zz9 New definition to clarify that these are prohibited as a home occupation but that on-site sales of produce grown on site is permitted as an accessory use. z3o The triggers for platting requirements will be established in Module 3 and this definition will be reconsidered for consistency at that time. Denton, Texas - Denton Development Code 108 Module 2- Administration and Procedures - Public Draft - March 2018 Director23' The Director of Development Services or his or her designee. Disabled Persons Persons whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak or breathe is substantially limited because the person has: 1. Orthopedic, visual, speech, or hearing impairments; 2. Alzheimer's disease; 3. Cancer; 4. Pre-senile dementia; 5. Heart disease; 6. Cerebral palsy; 7. Diabetes; 8. Epilepsy; 9. Mental retardation; 10. Muscular dystrophy; 11. Autism; 12. Multiple sclerosis; or 13. Emotional illness District An area, region, or section with a distinguishing character, or the regulations governing the height, area, use and design of the land and buildings. Dwelling/Dwelling Unit A structure or portion thereof that provides living, sleeping, eating, cooking, and sanitation accommodations. Dwelling, HUD-Code Manufactured Home A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g). Dwelling, Mobile Home A structure that was constructed before June 15, 1976, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 400 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems. z31 New. The term "director" is used throughout the DDC, and this definition provides authorization to apply the term "director" to various staff positions. Denton, Texas - Denton Development Code 109 Module 2- Administration and Procedures - Public Draft - March 2018 Easement A grant of the right to use a strip of land for specific purposes. EIA-222 Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures." Environment The physical condition which exists within the area that will be affected by a proposed development, including: land, air, water, mineral, flora, fauna, noise, and objects of historic or aesthetic significance. Environment, Natural This environment is characterized by severe biophysical limitations, presence of some unique or natural or cultural features intolerant of intensive human use, or its value is retained only in its natural condition. Management objectives are oriented toward preserving unique features, restricting activities that may degrade the actual or potential value of this environment, and severely restricting development in hazardous areas. Escort A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who, for consideration, agrees or offers to privately model lingerie or to privately perform a striptease for another person. Escort Agency A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. Existing Development232 Development not otherwise exempted by this DDC that meets one of the following criteria: 1. It either is built or has established a statutory or common-law vested right as of the effective date of this DDC; or 2. It occurs after the effective date of this DDC, but does not result in a net increase in built-upon area and does not decrease the infiltration of precipitation into the soil. Expansion An increase in the floor area of an existing structure or building, or the increase of area of a use. FAA Federal Aviation Administration or any successor agency. Family One or more persons related by blood, marriage or legal adoption. Fabricating The process of assembling using standardized parts. FCC Federal Communications Commission or any successor agency. Fire Code The most recently adopted International Fire Code as published by the International Code Congress. z3z UPDATE Denton, Texas - Denton Development Code 110 Module 2- Administration and Procedures - Public Draft - March 2018 Floor Area See "Gross Leasable Floor Space." Frontage That side of a lot, parcel or tract abutting a street right-of-way. Garage, Private or Public A structure for the use of the owner or occupant of a principle structure for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature. Gross Leasable Floor Space The gross horizontal floor area of the one or more floors of a structure, excluding interior parking spaces. Residential floor space shall be exclusive of carport, basement, attic, patios, and open porches. Health and Building Standards Commission Hears and decides appeals of orders, decisions or determinations made by the Building Official, Code Official, or Fire Marshal; makes reasonable interpretations or rulings in matter properly before it. Handicap A physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment, but such term does not include current, illegal use of or addition to a controlled substance as defined by Chapter 481 of the Texas Health & Safety Code. Hazardous Materials or Waste A substance classified as a hazardous material under state or federal law or a chemical, petroleum product, gas, or other substance that if discharged or released, is likely to create an imminent danger to individuals, property or the environment. A hazardous material includes, but is not limited to any one of the following, as defined by 40 C.F.R 173, or, with respect to hazardous waste, listed as a substance subject to 40 C.F.R. 262: Radioactive material; Explosives, Class A; Explosives, Class B; Poison A; Poison B; Flammable gas; Nonflammable gas; Flammable liquid; Oxidizer; Flammable solid; Corrosive material; Combustible liquid; Etiologic agent; other regulated material (ORM); or, Hazardous waste. Historic Landmark Commission Recommends to the Planning and Zoning Commission and City Council those buildings, structures, sites, districts and areas in the city that the Commission has determined should be preserved and designed as historic landmarks. Horticulture The cultivation of row crops, a garden, or an orchard for noncommercial purposes. Impact Fee A fee levied by the City pursuant to Chapter 395 of TX Local Govt. Code, as a total or partial reimbursement for the total or partial cost of providing additional facilities or services needed as a result of new development. Impairment, Physical or Mental 1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems; neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or 2. Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities. Denton, Texas - Denton Development Code 111 Module 2- Administration and Procedures — Public Draft — March 2018 The term includes but is not limited to such diseases and conditions as orthopedic, visual, speech dementia, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction (other than drug addiction caused by illegal use of a controlled substance). Infrastructure The provision of systems that provide transportation, water, waste water, solid waste, storm water drainage, electrical and franchise facilities typically required to service development. Institution An establishment that: 1. Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and 2. Provides minor treatment under the direction and supervision of a physician licensed by the Texas State Board of Medical Examiners, or other services that meet some need beyond the basic provision of food, shelter, and laundry; or 3. A foster care residential facility that provides room and board to fewer than five persons who: a. Are not related within the second degree of consanguinity or affinity, as determined under Tex. Loc. Gov't. Code, Chapter 573, to the proprietor; and b. Because of their physical or mental limitation, or both, require a level of care and services suitable to their needs that contributes to their health, comfort, and welfare. Institutional Use A non-profit or quasi-public use, such as a religious institution, library, public or private school or hospital, or government-owned or government-operated structure or land used for public purpose. Landscaping A planted area containing trees, shrubs, and groundcovers providing a transition between structures on a site and the property line, adjacent structures, or street rights-of-way. Minor PIat233 A subdivision resulting in four or fewer lots, where all lots involved front an existing street, and that does not require the creation of any new street or the extension of municipal facilities. Neighborhood A sub area of the City of Denton in which the residents (or non-residential uses) share a common identity focused around a school, park, or community business center that are generally within walking distance of the homes or businesses, architecture, or other features with boundaries that may include highways, railroads or such natural features as rivers. The neighborhood character shall be deemed to be the prevailing character of structures within 300 feet in either direction along street frontages, irrespective of intervening streets. New Development Development of a site that was previously unimproved (with no existing principal structures or uses) or has been or will be cleared of structures. New development is distinguished from existing development and the expansion or alteration of existing development. z33 Revised based on Tex. Loc. Gov't Code Sec. 212.0065. Denton, Texas - Denton Development Code 112 Module 2- Administration and Procedures - Public Draft - March 2018 Manufactured Home Park or Park, HUD-Code A parcel of land under single entity ownership which has been separately platted for the placement of HUD-Code Manufactured Homes, accessory uses and service facilities, meeting all requirements of this Chapter and any applicable deed restrictions and state laws. Manufactured Home Subdivision, HUD-Code A tract of land that is subdivided and platted for individual ownership of HUD-Code manufactured homes. Mechanical Equipment Equipment or devices installed for a use appurtenant to the primary use. Such equipment shall include heating and air conditioning equipment, solar collectors, parabolic antennas, disc antenna, radio or TV receiving or transmitting antennas, and any power generating devices. The following equipment or devices are exempt: Private, noncommercial radio and television antennas not exceeding a height of 70 feet above grade or 30 feet above an existing structure, whichever height is greater. No part of such antenna shall be within the yards required by this Chapter. A structure permit shall be required for any antenna mast, or tower over 50 feet above grade or 30 feet above an existing structure when the same is constructed on the roof of the structure. 2. Parabolic antennas under 3 feet in diameter. Administratively Approved PIat23a A subdivision resulting in four or fewer lots, where all lots involved front an existing public street, and that does not require the creation of any new street or the extension of municipal facilities. Mixed-Use Building A building containing more than one type of use, such as governmental, institutional, office, personal service, retail, and residential; including a mix of residential and non-residential uses. Nonconforming Use Any use of land established legally at the time of passage or amendment of this Code that does not conform, after the passage or amendment of this Code, with the regulations of the district in which it is located pursuant to the terms of Section 1.5: Nonconformities. Nonconforming Structure Any structure established or constructed legally at the time of passage or amendment of this DDC which does not conform, after the passage or amendment of this DDC, with the regulations of the district in which it is located pursuant to the terms of Section 1.5: Nonconformities. Nude Model Studio Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nudity or a State of Nudity 1. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts; or 2. A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. z34 Revised based on Tex. Loc. Gov't Code Sec. 212.0065. Denton, Texas - Denton Development Code 113 Module 2- Administration and Procedures - Public Draft - March 2018 Nursing Home A home for the aged, chronically ill, or incurable persons who are unable to care for themselves and in which three or more persons not of the immediate family are kept or provided with food and shelter or care for compensation; but not including hospitals, clinics, or other similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Occasional Sales Occasional sales are the sale, or offering for sale, of tangible personal property to the public, upon the premises of an existing residential dwelling, by the owner or lessee of the residential dwelling. Such sales commonly include garage or yard sales. Odor Threshold The concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person. Determination of the odor threshold is prescribed by A.S.T.M.D. 1931-57, Standard Method for Measuring Odor in Atmosphere. Off-Site Located outside the boundary of a development. Outside Storage The storage of objects, items, products or materials outside an enclosed building, and not intended for immediate sale. Owner The owner of a tract of land as recorded in the Denton County Deed Records. An owner may include: a person, firm, corporation, partnership or agent, attorney-in-fact, manager or Director, or developer. Such term as used in this chapter always includes one or more of the persons enumerated in this section who own all or any part of the land which is contemplated to be developed. Particulate Matter Finely divided solid or liquid matter, other than water, which is released into the atmosphere. Permitted Use That use of a lot which is among the uses allowed as a matter of right, and subject to the restrictions of the zoning district. Person An individual, firm, partnership, proprietorship, association, corporation, estate, receiver, syndicate, branch of government, social or fraternal organization, or any other group or combination acting as a legal entity, and including any trustee, assignee, or other representative. Phase One Final Platted section of a larger overall development. Planned Development23s A land area under unified control designed and planned to be developed in a single phase or a series of phases according to an approved development plan pursuant to the terms of Subsection 2.7.3: Rezone to a P(anned Unit Deve(opment (PD) District. z3s New. Denton, Texas — Denton Development Code 114 Module 2- Administration and Procedures — Public Draft — March 2018 Plat or Final Plat A plat that is granted pursuant to the terms of Subsection 2.6.4: Fina( P(at. Pole-Mounted Antenna Any antenna which is preassembled off-site and designed to be moved from site to site. Preliminary Plat A plat that is granted pursuant to the terms of Subsection 2.6.2: Genera( Deve(opment Plan [insert text here] Preliminary Plat. Private Covenants236 Private legal restrictions on the use of land contained in the deed, plat, and other legal documents pertaining to the property. Private Utility Provider The owner of a wire network (i.e. cable, electric, or telephone company) utilized in connecting the various cell sites to telephone switching offices, long distance providers or the public switched telephone network. Public Meeting [insert here] Public Hearing Meetings held expressly for the purpose of soliciting comments from the general public in accordance with requirements of the State Code. Public Right-of-Way Any designated public street, sidewalk, or alley. Public Street A street which is owned or maintained by City. Public Improvements The construction, replacement, enlargement, extension or other construction of a facility intended for dedication to the City, including but not limited to a street, curb and gutter, sidewalk, sidewalk ramp, cross drain, catch basin, traffic control and street name sign, or other roadway appurtenance other than driveway apron connection; water system main, fire hydrant, valve or other appurtenance other than a private supply line to a building; or sanitary sewerage main, lift station, force main, manhole or other appurtenance other than a private service line from a building. Public Utilities The term Public Utilities means: 1. Entities franchised by the City to use public rights-of-way for the conduct of their business; 2. Entities that are "public utilities" under pertinent provisions of the Texas Utilities Code or Texas Water Code but are specifically exempted by state law from the requirement that they receive a franchise from the City for the use of public rights-of-way; 3. Public sanitary sewers; 4. Public water mains; z36 New. Denton, Texas - Denton Development Code 115 Module 2- Administration and Procedures - Public Draft - March 2018 5. Public streets; 6. Public storm sewers; 7. Public detention ponds; 8. Municipally-owned electric utilities; and 9. Any contractor hired by these entities. Recreational Vehicle ("RV") A motorized vehicle, designed or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively, having no foundation other than wheels orjacks. Recreational Vehicle Park A parcel of land which is used solely for the rental or lease of lots for transient campers, trailers, motor homes, or temporary parking of any other recreational vehicle that is not a mobile home or HUD-code manufactured home. Redevelopment Development on a tract of land with existing structures where all or a majority of the existing structures would be razed and a new structure or structures built. Replat A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use or any lot line or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. Residential Zoning District A one-family, two-family, or multi-family zoning district, or any area within a planned development zoning district which is designated for residential use, as shown on the approved site plan for the zoning district. Residential Use A one-family, two-family, or multi-family dwelling, trailer camp, mobile home, or HUD-code manufactured home park or development. Rezoning23' To change the zoning of a parcel of land, also referred to as a zoning amendment. Rezoning may require an amendment to the comprehensive plan. Salvage Yard Any lot or parcel of land on which wastes or used secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials include but are not limited to: scrap iron and other ferrous metals, paper; rags, rubber tires, bottles, discarded goods, machinery, or two or more inoperable motor vehicles. Satellite Earth Stations Are considered to be accessory structures and are defined as a combination of: 1. An antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; 3. A coaxial cable whose purpose is to carry the signals into the interior of the structure; and, z3' New. Denton, Texas - Denton Development Code 116 Module 2- Administration and Procedures - Public Draft - March 2018 4. The station must be located to the side or rear of the structure unless a usable satellite signal cannot be obtained; in which case, the property owner may request a variance from the requirement through the Zoning Board of Adjustments. Ground-mounted stations shall be no more than 10 feet above the maximum height requirement of the zoning district in which they are located. Screening A method of visually shielding or obscuring land-uses or structures via fencing, opaque buffer, or some other opaque physical barrier. Semi-Nude A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices. Site PIan238 A graphic representation, drawn to scale, indicating the outlines of the land included in the plan and all proposed use locations, accurately dimensioned, and indicating the relation of each use to that adjoining and to the boundary of the property pursuant to the terms of Subsection 2.5.1: Site P(an Review. Smoke The visible discharge of particulate matter from a chimney, vent, exhaust or combustion process. Specific Use Permit A permit that is granted pursuant to the terms of Subsection 2.5.2: Specific Use Permit (SUP).. Specified Anatomical Areas Human genitals in a state of sexual arousal. Specified Sexual Activities Includes any of the following: 1. The fondling or other erotic touching of the human genitals, pubic region, buttocks, anus, or female breasts; 2. Sex acts, normal or perverted, actual or stimulated, including intercourse, oral copulation, or sodomy; 3. Excretory functions as part of or in connection with any of the activities set forth in 1 through 2 above. Stealth See "Antenna, Stealth." Street A public right-of-way for roadway, sidewalk, and utility installation including the terms "road," "highway," "land," "place," "avenue," "alley," or other similar designations. The entire width between the right-of-way lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic. Structure An edifice of any kind or any piece of work artificially built up or composed of partsjoined together which requires location on, in, or above the ground or which is attached to something having a location on, in or above the ground. Flatwork or in-ground swimming pools are excluded. Structure, Accessory Any structure on the same lot with and that is incidental and subordinate to the principal structure. Flatwork, in-ground swimming pools and fences or walls used as fences are excluded. z3$ New. Based on current definition of "plot plan." Denton, Texas - Denton Development Code 117 Module 2- Administration and Procedures - Public Draft - March 2018 Structure, Principle The structure in which the primary permitted use of the lot on which the structure is located is conducted. Subdivision239 The division or redivision of land into two or more lots, tracts, sites, or parcels that are either improved or unimproved and can be separately conveyed by sale or lease. Telecommunications The transmission, between or among points specified by the user, of audio and/or visual information of the user's choosing, without change in the form or content of the information as sent and received. Telecommunications Service The offering of telecommunications for a fee directly to the public, or to such classes of users to be effectively available directly to the public, regardless of the facilities used. Temporary Structure A structure without any foundation or footings which is attached to the ground or other structure in some nonpermanent fashion. Temporary structures shall require a Permit from the Building Inspection Department and shall be removed from the site when the designated time period, activity, or use for which the temporary structure was established has ceased, but not exceeding six months in duration unless an extension is obtained from the Building Inspection Department uponjust cause. Temporary uses Temporary uses are defined as those activities permitted and described in Section --. Tower, Electric Transmission A self-supporting structure in excess of 50 feet (15 meters) in height designed to support high voltage electric lines. This does not include local utility or distribution poles (with or without transformers) designed to provide electric service to individual customers. Tower, Guyed Any telecommunications tower supported in whole or in part by cables anchored to the ground. Tower, Monopole A self-supporting telecommunications tower which consists of a single vertical pole fixed into the ground and/or attached to a foundation. Tower, Self-supporting Lattice A telecommunications tower which consists of an open network of inetal braces forming a tower which is usually triangular or square in cross-section. Tower, Telecommunications A self-supporting or guyed structure more than 20 feet (6 meters) in height, built primarily to support one or more telecommunications antennas. Toxic and Noxious Matter Any solid, liquid or gaseous matter which is present in sufficient quantities to endanger health, safety and comfort of persons in the vicinity or which may cause injury or damage to property. Trailer A non-motorized vehicle, pulled by an automobile or truck designed or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively. z39 Revised combination of two subdivision definitions in the glossary of the developer's handbook. Denton, Texas - Denton Development Code 118 Module 2- Administration and Procedures - Public Draft - March 2018 Transfer Station A temporary storage facility for the consolidation and eventual transfer of solid waste to a landfill. Use The purpose or purposes for which land or a structure is designed, arranged, or intended, or to which such land or structure is occupied, maintained, or leased. Vacating PlatZao A plat that is granted pursuant to the terms of Subsection 2.6.8: Vacating P(at.. Variance24' A deviation from the specific terms of this DDC pursuant to Subsection 2.8.1: Variance.. Vibration A periodic displacement of the earth measured in inches. Vision Clearance Area A triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines for a distance specified in these regulations. The third side of the triangle is a line across the corner of the lotjoining the ends of the other two sides. Where the lot lines or intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. Insert graphic Zoning Board of Adjustment/Board The Zoning Board of Adjustment of the City of Denton, Texas. zao N ew. z41 N ew. Denton, Texas — Denton Development Code 119 Module 2- Administration and Procedures — Public Draft — March 2018 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� File #: ID 18-439, Version: 1 Legislation Text AGENDA CAPTION Consultation with Attorneys - Under Texas Government Code, Section 551.071 Discuss, deliberate, and receive information from staff, the City's attorneys, and retained outside counsel and provide staff, the City's attorneys, and retained outside counsel with direction pertaining to the status, strategy, current discussions with opposition, and possible outcomes of the condemnation case styled City of Denton, Texas v. RTS&M, LLC, et al., Cause No. PR-2014-00492, currently pending in the Probate Court of Denton County, Texas; a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in litigation. City of Denton Page 1 of 1 Printed on 3/23/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-504, Version: 1 AGENDA CAPTION Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Receive information from staff, and discuss, deliberate and provide direction to staff regarding the future plans for, and current and future operations of, the Gibbons Creelc Steam Electric Station owned by the Texas Municipal Power Agency. (The City of Denton is a member of TMPA). City of Denton Page 1 of 1 Printed on 3/23/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� File #: ID 18-462, Version: 1 Legislation Text AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation authorizing and approving the execution by the City Manager, or his designee, of a contract between the City of Denton, Texas and STHProject, a non-profit corporation ("STH"), providing for authorization of STH to provide lunches to children under the age of eighteen and qualifying disabled participants through age 21 at no charge to said recipients during the summer months at designated City of Denton Park and Recreation facility sites; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (4-0). City of Denton Page 1 of 1 Printed on 3/23/2018 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 Parks and Recreation Bryan Langley March 27, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a contract with the S. Tracy Howard Project (STHProject), a non-profit corporation, for the Summer Food Service Program. The Parks, Recreation and Beautification Board recommends approval (4-0). BACKGROUND The Summer Food Service Program (SFSP) ensures that low-income children continue to receive nutritious meals when school is not in session. Children 18 and younger may receive free meals and snacks through SFSP. Meals and snacks are also available to persons with disabilities, over age 18, who participate in school programs for people who are mentally or physically disabled. Since 2005, the Parks and Recreation Departments (PARD) has facilitated the SFSP. The SFSP was originally funded through a Texas Health and Human Services Commission grant that covered the direct cost of the program. The Denton Independent School District (DISD) assisted in the administration of the program by preparing the meals. PARD staff delivered the food to camp sites, served the meals, and documented the process for grant reporting. The SFSP budget was $223,038 in 2016 and included temp/seasonal personnel costs, food, supplies, rental vans, gas, and coolers. In 2017, the department partnered with the STHProject, a local nonprofit, to administer the SFSP. The STHProject started serving a free dinner at the MLK Jr. Rec Center in the fall of 2016. Based on the success of the free dinner program, the STHProject approached the City and offered to expand the partnership to include the SFSP. STHProject provides the food at no cost to the City and saves PARD approximately $17,283 in administrative staff time that was not covered by the grant. The partnership has also allowed full time staff to reallocate resources to summer camp activities by reducing staff time spent on the delivery and service of ineals and the administrative tasks associated with grant compliance. The STHProject currently serves dinner Monday - Friday at the MLK Jr. Recreation Center year round. During the summer they offer breakfast and lunch at the following camps: • Camp Voyage at Denia Rec. Center • Kings Kids at MLK Jr. Rec. Center • Camp Exploration at the Denton Civic Center • Super Kids and Little Campers at McMath Middle School. STHProject served over 29,000 meals and snacks at last year's camps. RECOMMENDATION Staff recommends adoption of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Parks, Recreation and Beautification Board reviewed the proposed contract on March 12, 2018, and recommended approval with a vote of 4-0. FISCAL INFORMATION STHProject provides the service at no cost to the City. Additionally, the partnership saves PARD approximately $17,283 in staff time. 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 Exhibit 3 STHProject Summer Food Program Contract Respectfully submitted: Laura Behrens Assistant Director of Parks and Recreation Prepared by: Caroline Seward Program Area Manager Exhibit 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION AUTHORIZING AND APPROVING TIIE EXECUTION BY THE CITY MANAG�R, OR HIS DESIGNEE, OF A CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND STH PROJECT, A NON-PROFIT CORPORATION ("ST�I"), PROVIDING FOR AUTI IORIZATION OF STH TO PROVIDE LUNCHES TO CHILDREN UNDER THE AGE OF EIGHTEEN AND QUALIFYING DISABLED PARTICIPANTS THROUGH AGE 21 AT NO CHARGE TO SAID RECIPIENTS DURING THE SUMMER MONTHS AT DESIGNATED CITY OF DENTON PARK AND RECREATION FACILITY SITES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") reeognizes the importance of providing lunches at no charge to children under the age of eighteen and qualifying disabled participants through age 21 during the summer months when school is not in session; and WHEREAS, in 2017 the City worked with STH Project, Inc. to provide summer lunches at inultiple locations throughout the City; and WHEREAS, the City and STH desire to continue the program in 2018; and WHEREAS, ihis Agreement serves a valid public purpose and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DFNTON HEREBY ORDAINS: SECTION 1. The iindings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement between the City atid iTH attach�d li�r�to as Exhibit "A," on behalf �f the City. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2018 CHRIS WAT'I'S, MAYOR ATTEST: JENNIFZR WALTERS, CITY SECRETARY � APPROVED AS TO LEGAL FORM: AARO��L, CITY ATTORNEY�; BY: Page 2 Exhibit 3 SITE AGREEMENT FOR THE 2018 SUMMER FOOD SERVICE PROGRAM BETWEEN THE CITY OF DENTON, T�XAS AND STH PROJECT, INC. This Agreement is hereby entered into by and between t11e City of Denton, Texas, a hotne-rule tnunicipal corporation, hereinafter referred to as "City", and STH Project, Inc., a Texas Non-Profit Corporation, hereinaftet• referred to as "STH." WHEREAS, the City recognizes the importance of providing lunches at no charge to children under the age of eighteen during the summer months when school is not in session; and WHEREAS, in 2017 the City worked with STI-� Project, Inc. to provide summer lunches at multiple locations throughout the City; and WHEREAS, the City and STH desire to continue the pi•ogram in 2018; and WHF,REAS, this Agreement serves a valid public purpose and is in the public interest; NOW, TI-IEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES STH shall, in a satisfactory and proper manner, perform the following tasks, for which the locations provided by City may be used: II. OBLIGATIONS OF STH In consideration of the sites to be provided by the City, STH agrees to the following terms and conditions: A. STH shail supply unitized meals ("Summer Lunches") that meet or exceed the minimum meal pattern requirements found in 7 C.F.R. Part 225: Summer Food Service Program. Further, meals are to be prepared and delivered under controlled ternperatures and in accordance with state and local health standards. B. STH sllall conduct training for staff and conduct program monitoring during the duration of the program to ensure compliance of 7 C.F.R. Part 225 and all applicable state and Federal laws. C, The Summer Lunches shall be provided during the time period described below at the locations identiiied in Exhibit A, which is attached. D. The Summer Lunches shall be available to all children eighteen (18) years of age and under and qualifying disabled participants through age 21, in accordance with United States Departinent of Agriculture (USDA) regulations. D. STH shall maintai�l recards required by �ither the City or USI)A re�arding (i) meal procluction, including the cotn�asition of all meals, (ii} number af ineals served thraughout the tenn oi'this �greement. Informatian specifc to or related to the interesE of the City of Denton will be made available to the City at the City's request. The City shall set an appointment giving at least 24 hours advance notice for the inspection or production af any records. E. Upon request, �TH ruill provide io C'ity its I3y-Laws and any of� its rules and regulations that may be rele�vant ta this t�greement. F. If STH is subject to an inspection by the Iocal health department or an independent agency to determine bacierial levels in the Summer Lunches being served, a copy of the resutts of such inspection must be submitted promptly io the City for review. G. STH shall repart to the City any changes in the number of ineais required as attendance fluctuates and any problems or issues with service of the Summer Luzlches. H. STH will appaint a representative who wiil be available to meet with City ofiicials when requested. I. STH's meal service shali include the delivery, distributinn, and clean-up of Summer Lunches at the locati�ns identified in Exhibit A. STH will carry and provide evidence of insurance as detailed below. III. OBLIGATIO�S 4F CITY In cansideration of the �uum�mer Lunch services to be provided by STH, the City agrees to allow STH to use the locations kdentifed in Exh�bit A under th� following terms and conditions; A. STH shall deliver S�unrner Lunches by a.m. while providing adequate refrigeration or heating during the delivery of all food to insure the wholesomeness of food at delivery in accardance with Sta.te or local health cades and performing constar�t quality contral inspections. B. STH shall ensure cleanup is completed by _�__�_..__.__ p•�•� each day the Summer Lunches are provided. Admittance will not be allowed autside these hc�urs. C. All iocations are accepted by �TH an an"as is" basis and may not be altered in any way by STH or guests. D. 1'he maximum nuznbez• of people the Civie Center ean accomrnadate is six hundred {600); STH shall ensure that the number af people in the Civic Center being served with a Sum.mer Luneh daes not exceed the maximum capacity of accommodation. Page 2 of 11 E. The City reserves the right to cancel use of any of the locations in its sole discretion. If cancellati�n is initiated by the City, City staff �ui11 aiten��t to secure an alternative site {if available}, F. STH is respo��sible for abtainin�; all required vendor �ernlits and/or health permits f'or the dissemination af Sununer Lun�hes. F. Per City of Denton Ordinance No. 2015-121, smoking if prohibited inside City faeilities. Tn additian, patrons rr�ust be twenty feet (20'} from all entrances {ineluding handicap ramps/entryways/walkways) when smoking. This ordinance encompasses al] forms of srnoke, to include barbeque smokers, grilis, tobacco, tobacco products, and e-cigs. G. No stora�e or equipment will be available on-site. H. No open flame, candles, hay, canfetti-type decor, soap bubbles, rice, birdseed, or live animals (excluding service animals) are allawed in the bailding. Decorations must be authorized and meet all fire codes. "Safe Heat" chafing dish warmers wiil be used on paru�ed dishes to maintain required temperatures, No alcohol sales are pernutted without City Council approval in advance. J. Nc� ale�halic beverages are permitted in vehicles, parkin�; lats, loading areas, sidewalks, ar park/grass areas. K. All trash must be put inta trash cans. L. When the kitchen is used, ST�-� is responsible for cleaning of the room and appliances. Kitchen and appliartces are provided an an "as-is" basis for food preparation. Appliances are pravided as a courtesy and their reliability cannot be �uaranteed. IV. TIME OF PERFORMANCE The term of this Agreement shall cammence on the effective date and ternunate September 1, 2018 unless tlie contraci is sooner terminated under �ection VII "5uspension ar Terminatian." The Summer Lunches pravided hereif� shall be served week days from 5/29 , 2018 through 8/10 , 2018. No lunches will be served c�n 3uly �, 201 �, in observance af the Independence Day holiday. V. EVALUATION STH agrees to participate in an itnplernentation and maintenance system whereby the serviees can be continuously mazutored. 5TH agrees to make available its financial records for review by City at City's discretion. In acidition, upon request, �"I'H agrees to provide City the following data and reparts, or capies thereof: Pa�;e 3 of 11 A. Ali external or internal audits. �`I'H shall sub�nii a copy of the an�nual iiici�pendent audit to City within ten (10) days af receipt. B. All ex�ernal ar internaI evaluation reports. C. An explanatian af any major changes ir� pragrarr� services. D. Nothing in the above subsectit�ns sha11 be construed to relieve STH of respansibility for retaining accurate and current records that clearly reflect the level and beneiit of services provided under this Agreement. VI. DIRECTORS' MEETINGS Upon request, minutes af all meetings of STH's govezning body shall be available to City for inspection or capy within ten { 10) working days of approval. , VII. TERMTNATI(�N The City may terminate ihis Agreement for cause if STH violates any covenants, agreements, ar guarantees of thzs Agreement, STH's insolvency ar iiling of bankruptcy, dissolution, or receivership, or STH's violation of any law or regulation ta which it is bound under the terms of this Agreement. The City may terminaie this Agreement for any other reasons not specifically enumerated in this paragraph. STii reserves the right ta terminate this agreement if any location cannot provide access, an environment canducive to carry aut the purpose of this �l�reement, ar does not have adequate participatian in the prograrn. VIII.1,�� G)��, Ut?l�(:�I�`T'IJNI'1v�!_AI�D CC?MPLIANCE WITH LAWS A. STH shall comply with all applicable equal employment oppartunity and affirmative action laws or regulatio�as, including but not limited to the foiiawing: ri�hts laws, as amended: Title VI of the Education Amendments of I972; 5ection 504 af the Rehabititation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 1 Sb; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and EnfQrcement — Nt�trition Programs and Activities. B. In the everzt of nancompliance by STH with the nandiscrimination requirements, the Agreement rnay be canceled, terrninated, or su�pended ir� whole or in part, and STH may be barred irom further contracts with City. IX. WARRANTIES STH represents and warrants that: Page 4 of 11 A. All repoz-ts, �nd data heretofore or hereafter requested by City and furnished to Ciiy, are complete and accurate as af the date shown on �he information, data, or report, and, since that date, have not under�one any si�nific�nt change without written notice to Cit�r. B. Any suppor�in�; financial statements hereiofore re9uested by City and furriished to City, are complete, accurate, and fairly refi�ci the fnancial conditions of STH on the date shown vn said report, and the results of the operatian for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial conditian af STH. C. No litigation or legal proceedings are presently pending ar threatened against STH. I}. None of the provisians herein contravenes or is in conflict with the authority under which S"TH is doing business or with the provisions of any existing indentuxe or agreement of STH. E. STH has the power to cnter into this Agreement and has talcen alI necessary action to authorize such acceptance of the terms and conditions of this Agreement. F. None of ihe assets of STH ar•e subject to any lien or encuunbrance of any character, except for current ta�ces not delinquent, except as shown in the financial staternents furnished by STH to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. CHANGES AND AMENDM�NT� A. Any alteratit�ns, additians, ar deletions to the terms af this Agreement shall be by written amendment executed by both pariies, exc�pi when the t�rms af this Agreement expressly provide that another method shall be used. B. It is understoad and agreed by tk�e parties hereto that chan�es in the State, Federal, or local laws or regulatians pursuant hereto may occur during the term of this Agreement. Any such modificatians are to be automatically incorporated into #his Agreement without written amendment hereto, and shall become a part af the Agreernent on the effective date specified by the law or regulation. C. STH shall natify City of any changes in personnel or governing board composition. XI. INSURANCE A. Without limiting any ofthe ather obligations or liabilities of STH, STH shall provide and maintazn through the terin of this Agreement the minimum insurance coverage as indicated hereinafter. Page S of 11 B. As soan as prac:ticable after notification that tliis Agreement has been executed by the City, STH shall file with the Parks and Recreation Department satisfactory certi�cates af insurance including any appIicable addendum or endorsements. STH may, upon written request to the Parks and Reereation Departtnent, ask for clarification of any insurance requirements at any time; however, STH is strongly advised to make such requests priar to executing this Agreement, since the insurance requirements may nat be modi�ed or waived Agreement execution unless a written Agreement amendment is approved by the City Council. �TH shall not commence any work or deliver any Summer Lunches until it receives noti�cation tllat the Agreement has been accepted, approved, and signed by the City. C. I-�II insurance palicies proposed or abtained in satisfaciion of these requiremen�s shall eomply with the following general specifications, and shall be maintained in compliance with these general specif cations thraughoul the duraiion oi the Agreement, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Campany rating of at least A or better. Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shali reduce or eliminate such deductibles or self- ins�ured retentians with respect to the City, its officials, agents, employees, and volunteers; ar, 5TH shall procure a bond guaranteeing payment of Iosses and related investigations, clairn administration, and defense expenses. Liability palicies shall be endorsed to provide the following: o Naane as Additional Insured the City of Denton, its Officials, Agents, Employees, and valunteers. o That such insurance is primary to any other insurance available to the Additional Insured with respect to claims cavered under the po�icy and that this insuxance appiies separately to each insured against wham claim is made or suit is brought. The inclusian of mare than �ne insured shall not operate to increase the insurer's limit of liability. o Provide a Waiver of Subragation in favar of the City of Denton, its officials, agents, employees, and volutateers. Cancellation: City reqnires 30 day vvritten notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. Should any of the required insurance be provided under a claims made form, STH shall maintain such covexage continuously throu�hout the term of this Agreement and, without lapse, far a period of thxee years beyond the contract expiratioz�, such that accurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Page 6 of 1 l • Should any of the requzz•ed insurance be pravided under a form of caverage that includes a�eneral annual aggre�ate lirnit provid'zng far claims investigation or legal defense costs to be included in the general annual ag�regate iimit, �TH sha11 either double the occurrence limits ar obtain Owrlers and Contractars Protective Liability Insurance. • Should any required insurat�ce lapse durzng the contract term, requests for location/site use originating after such ]apse shall nat be processed or approved until the City receives satisfactory evidence af reinstated coverage as required by this contract, effective as af the lapse date. If insurance is not reinstated, City may, at its sole optian, terrninate this agreemerlt effective an the daie of the Iapse. D. SPECIFIC ADDI�'I4NAI, INSURANCE REQUIREMENTS: Ail insuxance policies proposed ar obtained in satisfaction of this Agreement shail additianally comply with the fallawing maxked specifications, and shall be maintained in eompliance with these additional specifications throu�;hout the duration of the Agreement, or longer, if sa noted: 1. General Liability Insurance; General Liability 'rnsurance with combined single limits of not less than $1,04Q,OOOAO shall be provided and mauitained hy STH. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella ar e�cess policies. If the Commercial General Liability form (TS4 Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, producfis, and completed aperations, independent contractors, contractual liability cavering this eontract and broad form property damage caverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Camprehensive General I�iability form (ISO Form GL 0002 Current Edition and ISO Form GL 0�04) is used, it sha21 include at least: • Bodily injury and Praperty Damage Liability for premises, operations, products and campleted operations, independent cantractors and praperty dama�e resulting from explosion, callapse ar under�round {XCU) exposures. � Broad form contractual liability {preferably by endarsement) cavering this contract, personal injury liability and broad form proper�y daxnage liability. 2. Automobile Liability Tnsurance: Page 7 of 11 �T'�-i shall provide Camrnercial Automobile Liability insurance with Combzned �ingle Limits (CSI,) of nat less than �SOQ,000 either in a single policy or in a cambination of basic and umbrella or excess policies. The policy will include badily injury and praperty damage liabiliiy arising out ofthe aperation, maintenance ancl use of all automobiles and znabile equipment used in canjunction with this contract. 5atisfaction of the above requirement shall be in the form oia palicy endorsement far: any auta, ar all owned, hired, and non-owned autos. XII. INDEMNIFICATION To the extent authorized by law, S'I'H a�rees to indemnify, hold harmless, and defend the City, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liabiliry of whatever kind or character, arising out of or in connection with the perfoz�mance by STH or thase services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutionai, ar statutory law, or based, in whole or in part, upon allegations of negligent or intentional acis at STH, its officers, emplayees, agents, subcontractors, licensees, and invitees. XIII. CONFLICT OF INTEREST A. STH cavenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any maruier or degree with the performance of services required to be perfar�ned under this Agreement. STH further covenants that in the perforznance of this Agreement, no person having such interest shall be eznployed ar appointed as a member of its governing body. B, STH further cav�nants that no member o� its governing bady or its staff, subcontractors, or emplayees shall possess any intexest iai or use his/h;er position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particuiarly those with which he/she has family, business, or other ties. C. No off icer, member, or employee of City and no member of its governing body who exercises any function or responsibiiities in the review or approval af the undertaking or carrying oi�t of this Agreement shall participate in any decision relating to the A�reement which affects his personal interest or the interest in any corporation, partnership, or assaciation in which he has direct or indirect interest. XIV. NQTICE Any notice or other written instrument required or permitted to be delivered under the tenns of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States �nail, pastage prepaid, registered or certified, return receipt requested, Page 8 of 11 or via hand-delivery ar facsitnile, addressed to ST�-i or City, as the ease may be, at the following address�s: CI"I'Y: City of Denton, Texas Attn: City Manager 2I5 E. McKinney Den#on, TX 76201 with a co�v to: City af Denton, Texas Attn: City Attorney's Ofiice 215 E. McKinney Denton, Texas 76201 `'��a ��?'�.�c��c�; STHproject 1011 �urrey Lant Bldg 200 I'lower Mound TX 75022 Ezther party may change its mailing address by sending notice oi change of address to the other at the above address by certified mail, return receipt requested. XV. MISCELLANEO A. STH shall nat transfer, pledge, or otherwise assign this Agreernent or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company, or othez• iinancial institution withaut the prior written approval of City. B. If any pravision of this Agreement is held to be invalid, illegal, or unei�forceable, the remaining provisial�s shall remain in full force and effect and continue to conform to the original intent of both parties h.ereta. C. In no event shall any use of City locations by STI I hereunder, or any other act or failure of City to insist in any one ar more instances upan the terms and canditions of this Agreement consti- tute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by STH. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City rnay waive the effect of this provision. D. This Agreement, to�;ether with referenced exhibits and attachments, constitutes the entire agreement between the parties hereia, and any priar agreement, assertion, staternent, understanding, ar other commitrnent occurring during the term of this A�reement, or subsequent ther�to, have any legal force or effect whatsoever, unless properly executed in writing, and if appropri�ate, recorded as an amendment of this Agreement. Page 9 of I 1 E. This A�reerrt�ent sha11 �e inier�rei�d in accardanc� with �he iaws of the Sta�e of Texas and venue ofa.ny litigation con��rnin� this �:gr�ement s�iall be in a court ofco�pet�nt jurisdiction siitin� in Dentan Caunty, Texas. IN WITNE�� WI�.EREOF, ihe parties da hereby affix their signatures and enter intcs this A�r�ement as of ih� day of ____ ._ _ , 201 �. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR4VEI7 AS TO LEGAI, FORM: AAR41� LEAL, CI7'Y AT"I'ORNEY : ATTEST: CITY OF DENTON, TEXA � 'I'�DD HILEMAN, CITY MANAGER STH Project, Inc. Page 10 of 11 � �� ,l .� f � � �i � � c � rr � _....,z ..__ _ _�;�`.._. � _ � _� t W::�'"�_�,�,....� _. _. :I � i: , ;� . , l. Denton Civic Cenier, 321 E. McKinney �treet, Denion, Texas 7b201 2. Denia Recreation Center, 1001 Parvin �ireet, Denton, Texas i6205 3. Martin Luther King Recreation Center, 1300 '�Jilson Street, Denton, Texas 76205 4. Mclvlath Middle fichool, l 900 3ason Drive, Denton, Texas 7b205 IN WIT'NESS WHEI2EOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of , 2018. CITY OF DENTON, TEXAS TODD HILEMAN, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY C APPROVED AS TO LEGAL F4RM: AARON.�EAL. CITY ATTORNEY ��1�i��1 ' �TH Praj�ct, Inc. r� - > � � f �. /� j'{" I � ___ 1 . �.�a� ( �. �fr i �t''_y� t." � � � ` `----� .. __. ATTEST: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� File #: ID 18-479, Version: 1 Legislation Text AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2017-18 Budget and Annual Program of Services of the City of Denton to allow for increases to: (A) the General Fund of $951,800 for the purpose of funding police facility and park improvement projects, (B) the Park Development Trust Fund of $288,000 for the purpose of funding park property enhancements, and (C) the Capital Improvement Program of $8,263,619 for the purpose of funding drainage, police facility, streets and parks capital projects; declaring a municipal purpose; providing a severability clause; providing an open meetings clause; and providing for an effective date. City of Denton Page 1 of 1 Printed on 3/23/2018 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 � N www.cityofdenton.com DEPARTMENT: DCM: DATE: AGENDA INFORMATION SHEET Finance Bryan Langley March 27, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2017-18 Budget and Annual Program of Services of the City of Denton to allow for increases to: (A) the General Fund of $951,800 for the purpose of funding police facility and park improvement projects, (B) the Park Development Trust Fund of $288,000 for the purpose of funding park property enhancements, and (C) the Capital Improvement Program of $8,263,619 for the purpose of funding drainage, police facility, streets and parks capital projects; declaring a municipal purpose; providing a severability clause; providing an open meetings clause; and providing for an effective date. BACKGROUND City staff is proposing to amend the City's FY 2017-18 Budget as follows: Increase the General Fund budget by $951,800 to fund police facility and park improvement projects. A list of the capital projects is provided in Exhibit 2. This amendment increases the expenditure budget for this fund from $122,382,991 to $123,334,791 for FY 2017-18. Increase the Park Development Trust Fund budget by $288,000 to fund park property enhancements. A list of the capital projects is provided in Exhibit 2. This amendment increases the expenditure budget for this fund from $500,000 to $788,000 for FY 2017-18. Increase the Capital Improvement Program budget by $8,263,619 to fund drainage, police facility, streets and parks capital projects. A list of capital projects is provided in Exhibit 2. This amendment increases the expenditure budget for the Capital Improvement Program from $522,596,845 to $530,860,464 for FY 2017-18. RECOMMENDATION Staff recommends adoption of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On March 26, 2018, the Public Utilities Board received a report, held a discussion and requested to provide staff direction regarding the use of Drainage Channel Rehabilitation funds for the purpose of funding shortfalls in various 2014 Bond Program drainage projects. Staff will verbally inform the City Council on direction received from the Public Utilities Board during the City Council's work session discussion on the GO Bond Program. On March 8, 2018, the 2014 Bond Oversight Committee unanimously approved staff's recommendations to reallocate previously issued and to be issued GOs for the purpose of funding shortfalls in various 2014 bond program projects. On January 30, 2018, the 2014 Bond Oversight Committee unanimously approved the reallocation of $1.5 million in GOs from Street Reconstruction to Miscellaneous Traffic Signals and the utilization of $1.5 million in GOs to reconstruct a city facility located at 651 Mayhill for the City's Traffic Operation. FISCAL INFORMATION This ordinance will amend the FY 2017-18 Budget and Annual Program of Services to allow for an increase to the General Fund by $951,800 increasing appropriations from $122,382,991 to $123,334,791, increase the Park Development Trust Fund by $288,000, increasing appropriations from $500,000 to $788,000 and increase the Capital Improvements Program by $8,263,619 from $522,596,845 to $530,860,464. 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. List of Capital Projects 3. Ordinance Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance Prepared by: Nancy Towle Budget Manager ATTACHMENT 1 General Fund Estimated Project Cost Vela Athletics Complex 331,800 Police Firing Range 620,000 Total Genera Fund 951,800 Park Development Trust Fund Estimated Project Cost Cemetery Fencing 288,000 Total Park Development Trust Fund 288,000 Capital Projects Fund Estimated Project Cost Morse Street Expansion 250,000 Ruddell Extension 371,100 Bonnie Brae Phase 4 2,108,803 Cemetery Fencing 288,000 Vela Athletics Complex 846,640 Police Firing Range 620,000 Hickory Street Drainage project 249,756 Oak Street Drainage project 220,993 Magnolia Street Drainage project 1,737,836 Bonnie Brae Phase 3 1,570,491 Total Capital Projects Fund 8,263,619 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FISCAL YEAR 2017-18 BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON TO ALLOW FOR INCREASES TO: (A) THE GENERAL FUND OF $951,800 FOR THE PURPOSE OF FUNDING POLICE FACILITY AND PARK IMPROVEMENT PROJECTS, (B} THE PARK DEVELOPMENT TRUST FUND OF $288,000 FOR THE PURPOSE OF FUNDING PARK PROPERTY ENHANCEMENTS, AND (C) THE CAPITAL IMPROVEMENT PROGRAM OF $8,263,619 FOR THE PURPOSE OF FUNDING DRAINAGE, POLICE FACILITY, STREETS AND PARKS CAPITAL PROJECTS; DECLARING A MUNICTPAL PURPOSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN OPEN MEETINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2017-254, the City Council of Denton, Texas, approved the Fiscal Year 2017-18 Budget and Annual Program of Services (the "Budget"); and WHEREAS, the City of Denton desires to increase funding in the General Fund to fund police facility improvement and park projects as described in Attachment 1; and WHEREAS, the City of Denton desires to increase funding in the Park Development Trust Fund to fund Park enhancements as described in Attachment 1; and WHEREAS, the City of Denton desires to increase funding in the Capital Improvement Program Fund to fund Drainage, Police Facility, Streets and Parks capital projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the above preamble to this Ordinance are true and correct and are adopted. SECTION 2. The Fiscal Year 2017-18 Budget and Annual Program of Services is amended by the City Council as follows to allow for increases in: A. the General Fund of $951,800, increasing appropriations from $122,382,991 to $123,334,791, for purposes set forth herein; B. the Park Development Trust Fund of $288,000, increasing appropriations from $500,000 to $788,000, for the purposes set forth herein; and C. the Capital Improvement Program Fund of $8,263,619, increasing appropriations from $522,596,845 to $530,860,464, for the purposes set forth herein. a��TIC3� 3. "�"l��s �r�1i��ce sl�tall �� 1cd rrritla i1�e; Csity �ec�et�rv, wl�c� is �i�•�cte� tr� ��tach � �c,py �f thi� �irc�ira��wce �c� tQ�� is�� Y��r ?C�17-�� 3ud�et �ncE ��►aal �'��c7°� �r�` �ervic�s. �"�CT�4�I�d 4, ��i� C)�•d�i�anc� w�s ��a�c�ved k�y at lc.�st fiv� r��l�a�r-� �a&''tl�e �ity �Cc�un�c�l as �e�L�i�•�d by �ec�ia7� �.C�B ofthe �Cit� CR�a�t�;�°. ��CTI�� S. If ��yr s�c;tic��i, ��i�as�ctic�i�, para��T��}�k�, �c�n�c.�ice, cl�:�.�s�, ��s�, ar ��ac�rc4 i�� thi� �.i�°��ances �r the ap��li��ti�a�j ��lere�ai'tca ��r �a�rsr�z� c�r tGrg��r ar�}r cii�c�z�a�sta��es is held i�lv�➢id l�y any c�ae�r•t t�f c�a��p�t�:i�� j�.��•is�lic��i�, �ucl� 1-��6clan� sh�ll rgc�t ��"�'�c� t��e validity af �he �•e��ir�i��►� p��tier�s c��"tl��s iC�rdi��r�c�:, �r�d t1-�� City Cc�u��il cat tl�e ��t� r��'I�e�tc�t�, Tc��s, l�ereby decl�r�s it �rra�sld hav� �i7act�d s��lx r�a��6�� p�g°tinr�� d�s�ite ��y sucl� invalidit�. �'L�TIQ�I`� 6. It is �aifici�ally �'+a�zzxcl �a�� cl�t�rlr�ia�ecl i1��:t �lre ��e�e�i�� t �,w��i�ll t�is �3rc��ruaz��;� ��as p�.ss�.cU wa� mpeiro t� il�� .��blic as ��e�tai�•�d ��F lt��r, �azad tl�e; �.y�s�al�� i�otic� c�i�ti�e �yr��, ��l�c� ��ci �ur��c�� ftl�i� rrr�eti�-�� w�� iv�� as re�c�rt•ecV I.�� 9<�v�. S��"TI�C►� 7. Tl��s C��cDi��:��xc� s�i��1 17�c�i��e �f�'c�c;ti�c it��a��r�iate�y �G��t� i�s passa�e ar�c� �ppi•cav� 1. Pe'�'��]� AI"�I� APi'I�4��J�� tl�is �l�c� c�a�° c-�(' 2018. ��.1� l�J�,'T"'i�, �v'd,A�t"C1I'�. t�TfiEST: .�EI�1�]IFE�'WALTE��, CIT"Y ��CS��I��It�' AP'P�t�V�L� t�� Tt� L�C"rAL T�CiT�,M: AAI�.��1 �,;EAL, ��"Y .�,"I�TC)Rl'�1EY $�c': ATTACHMENT 1 General Fund Estimated Project Cost Vela Athletics Complex 331,800 Police Firing Range 620,000 Total Genera Fund 951,800 Park Development Trust Fund Estimated Project Cost Cemetery Fencing 288,000 Total Park Development Trust Fund 288,000 Capital Projects Fund Estimated Project Cost Morse Street Expansion 250,000 Ruddell Extension 371,100 Bonnie Brae Phase 4 2,108,803 Cemetery Fencing 288,000 Vela Athletics Complex 846,640 Police Firing Range 620,000 Hickory Street Drainage project 249,756 Oak Street Drainage project 220,993 Magnolia Street Drainage project 1,737,836 Bonnie Brae Phase 3 1,570,491 Total Capital Projects Fund 8,263,619 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-455, Version: 1 AGENDA CAPTION Consider approval of a resolution of the City Council of the City of Denton, Texas supporting action by the Regional Transportation Council related to Local Control in the advancement of the I-635/LBJ East Project, and providing an effective date. City of Denton Page 1 of 1 Printed on 3/23/2018 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.c ityofdenton. com DEPARTMENT: AGENDA INFORMATION SHEET Transportation CM/ DCM/ ACM: Mario Canizares DATE: March 27, 2018 SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas supporting action by the Regional Transportation Council related to Local Control in the advancement of the I-635/LBJ East Proj ect, and providing an effective date. BACKGROUND The Regional Transportation Council (RTC) has developed a 10-year plan over the past several years. Included in that plan is the I-635 East Managed Lane project from US 75 to I-30. Knowing that the Texas Legislature passed Proposition 1(Preventative Maintenance and Rehabilitation) and Proposition 7 (Metropolitan Mobility and Rehabilitation) funds with a prohibition for use on any facility with a toll component, the RTC planned to fund I-635 East using Category 2 funds, federal funding for Metro and Urban Area Corridor Projects. There is no prohibition on the use of these funds on toll facilities, rather the Federal Highway Administration encourages their use on toll facilities to leverage project funding. In December 2017, the Texas Transportation Commission (TTC) received letters from the Governor, Lieutenant Governor, and two senators in the North Texas region opposing the inclusion of tolled lanes on the IH-635 East Project. Based on those letters, the TTC removed I-635 East, I-35W, and several other projects throughout the state that included tolled managed lanes from the 10-year Unified Transportation Plan (UTP). In January 2018, the RTC made a presentation to the TTC regarding the reinstatement of I-635 East into the UTP. The Commission delayed action because the project had a$1 billion shortfall based on the removal of the toll component. The Commission asked the RTC to provide the TTC with a proposal as to how the region intended to bridge the $1 billion funding gap. At the time, the proposal would require the delay of other critical roadway projects in the region, including improvements on I-35E from the Denton/Dallas County line to I-635. On February 28, 2018, TxDOT Administration staff inet with RTC staff to discuss the path forward for I- 635 East. Based upon that meeting, TxDOT staff sent RTC staff a sample cover letter, resolution, and funding strategy for RTC policy officials to act on at their March 8, 2018, meeting. On March 2, RTC staff responded to the information from TxDOT Administration with a series of questions that need to be answered before taking this issue before the policy members of the RTC. On March 6, 2018, Chairman Bruce Bugg of the TTC, responded to the requested information, calling the request an "obfuscation." Chairman Bugg insisted the RTC drop the plans for tolling the managed lanes, and provide the TTC with a proposal to cover the $1 billion funding shortfall. RTC Chairman Rob Franke responded that RTC staff has requested information to assist regional policy officials in determining the best path forward on I-635 East, and at such time as they receive that information, RTC will consider funding options. At the March 8, 2018, RTC meeting, several members of RTC expressed their disappointment in the TTC's response to the concerns outlined by the RTC. Additionally, the City of Dallas informed the members of the RTC that Dallas would not support moving forward with any alternatives on IH-635 East that do not include managed lanes. Following the City of Dallas lead, Denton County stated their position would be similar. Finally, there is some concern from the RTC that the TTC does not have the legislative authority to "ban" all new toll roads in Texas since the Legislature has passed no such ban. City of Denton RTC Representative, Mayor Pro Tem Sara Bagheri, requested this issue be presented to the Mobility Committee and City Council to outline the issue prior to the pending RTC vote on advancing the I-635 project at the April 12 RTC Meeting. The Mobility Committee gave staff direction on March 21 to forward a resolution for Council consideration expressing support for local control on transportation planning and outlining concern related to legislative process and environmental impact. Exhibit 2, is Item 3.16 from the March 6, 2018, RTC agenda containing emails and correspondence from RTC staff, RTC Chair, and the TTC associated with this issue. Staff will facilitate the discussion of this item with a PowerPoint presentation; however, due to print deadlines, the presentation will be submitted to Council by close of business Monday, March 26. The delay on the presentation will allow staff to receive additional information as part of the Surface Transportation Technical Committee Meeting scheduled for 1:30 P.M., Friday, March 23, 2018. PRIOR ACTION March 21, 2018 — Mobility Committee received a report and gave staff direction to place a resolution on the City Council Agenda for consideration. FINANCIAL Incorporation of the toll component to fund the I-635 East Proj ect provides an estimated $770 M in 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: 1.6 Collaborate with local, regional, state, and federal partners EXHIBITS 2. Item 3.16 RTC Agenda, March 6, 2018 3. Resolution Respectfully submitted: Mark Nelson Transportation Director REFERENCE ITEM 3.16 RTC Handout March 8, 2018 From: Marc Williams To: Michael Morris Cc: Bill Hale; Kellv Selman; Mo Bur; Brian Barth Subject: RE: Recommended RTC Action for LBJ/IH 635 East Date: Thursday, March Ol, 2018 11:01:35 AM Attachments: LBJ East Draft RTC Ietter and resolution v3.docx Apalagies Michael, but lets wark aff af the attached update versian. James Bass came back with a few additianal minar tweaks ta the language. Marc From: Marc Williams Sent: Thursday, March 01, 2018 8:55 AM To: 'mmorris@nctcog.org' Cc: Bill Hale (BiII.HaIe@bcdot.gov); Kelly Selman; Mo Bur; Brian Barth (Brian.Barth@txdot.gov) Subject: Recommended RTC Action for LBJ/IH 635 East Michael — Per my voicemail and our on-going discussions, attached is a recommended action for your consideration to present to the RTC to support their alignment with the Texas Transportation Commission on the LBJ/IH 635 East Project and commitment of possible funding sources to be pledged toward the $1.8 billion needed to advance this project. Thank you for your continued work with us on this important project. Please contact me if you have questions or would like to discuss. Marc � � Dear Chairman Bugg, On March 9, 2018 the Regional Transportation Council (RTC) took action to support the attached resolution to define our partnership and alignment with the Texas Transportation Commission (TTC) to deliver the LBJ/IH 635 East project. The RTC resolution and partnership funding proposal is provided with this letter and provides for the following: The RTC affirms the decision of the TTC to advance the LBJ/IH 635 East project as a non-tolled project and to begin a procurement of a Design-Build Contract. The RTC resolution includes a funding partnership developed by the RTC and TxDOT staff that would provide in excess of $1.8 billion of available funding sources to deliver the LBJ/IH 635 East widening project from US 75 to IH 30, including interchange improvements at IH 30 and non-tolled express lanes along IH 635. To ensure continued alignment with the decision of the TTC, the RTC commits to work with TxDOT and FHWA to update any required planning and/or environmental documents, concurrent with the Design-Build procurement process, to reflect non-tolled express lanes on LBJ/IH 635 from US 75 to IH 30. These documents would include the: • Mobility 2045 (the Dallas-Fort Worth Region's Metropolitan Transportation Plan) and Air Quality Conformity; • LBJ/IH 635 East Environmental Assessment; • Dallas-Fort Worth Region's Transportation Improvement Plan (TIP); and • Dallas-Fort Worth Region's State Implementation Plan (SIP) Commitment for Air Quality. The RTC looks forward to continuing this partnership to deliver the much needed LBJ/IH 635 East project. Please feel free to contact me or Michael Morris at 817-695-9241 should you have questions or comments regarding this matter. Sincerely, Rob Franke Chair of the Regional Transportation Council WHEREAS, the North Central Texas Council of Governments (NCTCOG) is designated as the Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council (RTC), composed primarily of local elected officials, is the regional transportation policy body associated with NCTCOG and continues to be the regional forum for cooperative decisions on transportation; and, WHEREAS, the RTC desires to align and partner with the Texas Transportation Commission (TTC) to advance the LBJ/IH 635 East Project and begin a Design-Build Procurement. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: The RTC affirms the decision of the TTC to advance the LBJ/IH 635 East project as a non-tolled project and to begin procurement of a Design-Build Contract. The RTC supports the attached funding partnership with TxDOT that would provide in excess of $1.8 billion of available funding sources to deliver the LBJ/IH 635 East widening project from US 75 to IH 30, including interchange improvements at IH 30 and non-tolled express lanes along IH 635. The RTC commits to work with TxDOT and FHWA to update any required planning and/or environmental documents, concurrent with the Design-Build procurement process, to reflect non-tolled express lanes on LBJ/IH 635 from US 75 to IH 30. These documents would include the: • Mobility 2045 (the Dallas-Fort Worth Region's Metropolitan Transportation Plan) and Air Quality Conformity; • LBJ/IH 635 East Environmental Assessment; • Dallas-Fort Worth Region's Transportation Improvement Plan (TIP); and • Dallas-Fort Worth Region's State Implementation Plan (SIP) Commitment for Air Quality. This resolution will be transmitted to members of the TTC, and Executive Staff of the Texas Department of Transportation. This resolution shall be in effect immediately upon its adoption. COMPONENTS OF FUNDING PARTNERSHIP FOR $1.8 BILLION LBJ/IH 635 EAST PROJECT Current Commitment: CAT 2 (includes Skillman/Audelia) CAT 4 CAT 12 Additional Partnership Commitments Category 2(Already Approved by RTC) CMAQ/STBG/State Match Trinity (Current RTR) Category 2 (2019 UTP) Dallas District PE/ROW Funds Budgeted RTC Proiect Fundin� that Would be Deferred IH 35E from IH 635 to Denton County Line TxDOT Proiect Fundin� Could be Deferred IH 30 (Bass Pro Shop to Dalrock) US 80 East of Town East Blvd $'s Pledged Millions $100 $175 442 $717 Cumulative $'s Pledged Millions $717 $115 $100 $50 150 $415 $1,132 $200 $1,332 $262 $1,594 $128 263 $391 $1,985 * Project Estimate -There is a potential for cost savings that could be achieved through competitive tension in the Design-Build process (possible �$200M). From: Michael Morris To: Marc Williams Cc: Bill Hale; Kellv Selman; Mo Bur; Brian Barth; Mike Eastland; James Bass; Franke. Rob; Garv G. Fickes; andv.eads(�dentoncountv.com; Lee M. Kleinman lLee.Kleinman(cztDallasCitvHall.coml; Kim Diederich (KDiederich@nctcoa.oral Subject: RE: Recommended RTC Action for LBJ/IH 635 East Date: Friday, March 02, 2018 4:29:00 PM Attachments: Attachment 1 EmaiI.LBJ East and Draft Letter and Resolution.ndf Attachment 2 IH 635 East.Attachment duestions dn Information Sent Re IH 635.qdf Marc, Thank yau far yaur cantinued effart an this impartant praject. Since yaur Chair is aiding in develaping the latest pasitian, I am campelled ta share my thaughts/questians with my RTC afficers and the city af Dallas Transpartatian Chair. As a result, I have included yaur draft RTC items and included my questians far clarificatian. I am in Austin an 3/27 far a TxDOT/MPO caardinatian meeting. Is yaur team available an Manday, 3/26 after 2:30? A canference call any time befare is fine as well ar we may need bath. Call I�im at 817-608-2331 far any meetings yau wish ta schedule. Thank yau .........Michael From: Marc Williams [mailto:Marc.Williams@txdot.gov] Sent: Friday, March 02, 2018 2:15 PM To: Michael Morris <MMorris@nctcog.org> Cc: Bill Hale <BiII.HaIe@txdot.gov>; Kelly Selman <Kelly.Selman@txdot.gov>; Mo Bur <Mo.Bur@txdot.gov>; Brian Barth <Brian.Barth@txdot.gov> Subject: Re: Recommended RTC Action for LBJ/IH 635 East Michael, Thanks for visiting with me this afternoon. For awareness by the rest of the group, you confirmed that the RTC would not be able to take action on 635 next week. We can expect some questions from your end in the coming days on theitems we sent you yesterday. As a result, there will not be any action by the commission this month on 635 either. We are available to continue to work with you and the RTC to address your questions and advance the project. Thank you, Marc Sent from my iPhone On Mar 1, 2018, at 11:01 AM, Marc Williams <Marc.Williams(�txdot.�ov> wrote: Apalagies Michael, but lets wark aff af the attached update versian. James Bass came back with a few additianal minar tweaks ta the language. Marc From: Marc Williams Sent: Thursday, March 01, 2018 8:55 AM To: 'mmorrisCa�nctcoa.ora' Cc: Bill Hale (BiII.HaIeC�aticdot. ov); Kelly Selman; Mo Bur; Brian Barth (Brian. BarthC�a txdot.�ov) Subject: Recommended RTC Action for LBJ/IH 635 East Michael — Per my voicemail and our on-going discussions, attached is a recommended action for your consideration to present to the RTC to support their alignment with the Texas Transportation Commission on the LBJ/IH 635 East Project and commitment of possible funding sources to be pledged toward the $1.8 billion needed to advance this project. Thank you for your continued work with us on this important project. Please contact me if you have questions or would like to discuss. Marc <LBJ East Draft RTC letter and resolution v3.docx> Questions regarding the information you sent Thursday on IH 635: Thank you for your communication regarding advancing the IH 635 project. Below are questions requiring further elaboration so we can understand TxDOT's position and implications to projects in the Dallas-Fort Worth region and throughout the state. Email In my conversation with the Chairman Wednesday, I told him we have been moving on closing the funding gap and approval of as many options as possible to create flexibility for the Commission to reach a partnership. The material sent Thursday lacks those two principles of transparency and multiple options moving forward. The questions below regarding the email are: 1. "Attached is a recommended action." Am I to assume we are no longer collaborating on a mutual position based on our last meeting in Austin? We have not yet received answers to our questions regarding the Office of General Counsel. See footnote below. I assume, if we have questions that lead to your update of the materials, we have an opportunity to consider a more refined position? Is that correct? 2. As we have stated before, what is the position of the Texas Transportation Commission on the LBJ project, tolled managed lane projects, and toll road projects in Texas? That position will confirm the policy principles that we need to be sensitive to in order to get consensus. For example, does it only apply to TxDOT projects? Does it apply to NTTA projects? Does it apply to RMA projects? Does it apply to already approved projects in existing TxDOT contracts? Does it apply to projects under construction? Does it apply to projects environmentally cleared? Does it apply to projects in an already approved, legally binding State Implementation Plan? We assume this applies to more than the LBJ project. Have the other entities in the State been told to update their projects? I am not aware of such a communication. 3. Why is the project cost still at $1.8 billion? We will address this further in the section below on "Funding Table." 4. I will take you up on talking about this further and I believe we need to have a conversation on who are the appropriate staff persons to be included in that conversation. I would benefit from the insight of James Bass, the Office of General Counsel, and the Environmental Affairs Division. This is in addition to the group included in my email that has been working on this negotiation. 5. You talk about the "commitment of possible funding sources." Why are they not all included in your funding summary? Cover Letter The questions below regarding the cover letter are: 1. You refer to a March 9, 2018, action (I assume you meant March 8, 2018). I do not see us getting answers to all of these questions and brainstorming on multiple options moving forward between now and the mail out today. As stated before, I believe there are multiple funding strategies that the Regional Transportation Council could approve that would align with the Texas Transportation Commission. 2. The RTC is eager to begin the procurement on the design-build contractor. It is costing taxpayers $5 million a month for every month of delay. We agree with the Chairman Bugg that the funding gap needs to be closed and all of our actions need to be transparent to all parties moving forward. The questions in this email are intended to meet his two principles of funding gap closure and transparency in moving forward. Do you agree spending some time on getting these questions answered will aid in bringing closure to the best approaches in delivering this project? 3. Your proposed cover letter refers to "non-tolled express lanes along IH 635." Is your position that the express lanes would be for single-occupant vehicles and trucks, contain an HOV facility only, or contain all of the above? Depending on your answer, will result in a series of questions related to how you would build that type of facility in a nonattainment area. These types of questions are similar to the ones we have sent to you previously and are requesting assistance from the Office of General Counsel. 4. Your proposed cover letter references the TTC's decision to ..."begin a procurement of a Design-Build Contract." Can you provide the minute order authorizing the issuance of the design-build procurement? If the design-build procurement has been authorized, is any further action by the RTC premature at this point? 5. Your cover letter refers to "update any required planning or environmental documents concurrent with the design-build procurement process." I want to be clear that you realize that those documents would include the following: a. Mobility 2040 Plan b. Mobility 2045 Plan c. Air Quality Conformity d. State Implementation Plan e. Emission inventories for the State Implementation Plan f. NEPA Document for IH 635 g. Transportation Improvement Program h. Applicable public involvement procedures i. Others to be inventoried (For example, is the Texas Transportation Commission aware that we would need to revisit primacy with the North Texas Tollway Authority because of the significant change proposed in this corridor?) j. Other previous RTC actions that would have to be repudiated: a. HB 20 10-Year Planning Document Supporting LBJ East With Tolled Managed Lanes (Dec. 2016) b. RTC Statement in Support of LBJ East with Tolled Managed Lanes at TxDOT Public Hearings on LBJ (Jan. 2017) c. RTC Policy Position on Advancing LBJ East with Tolled Managed Lanes (Oct. 2017) d. RTC Communication to the Lt. Gov, Supporting Tolled Managed Lanes (Jan. 2018) What is the timeframe that you have assumed for these updates? You must realize that it is significantly longer than the duration of your procurement process (i.e., 10-12 months). Do you plan on proceeding to construction while these documents are updated or are you holding up construction for the completion of these documents? This answer will help influence the RTC's position on your request since there are much easier ways to delay/prevent tolled managed lanes in the IH 635 corridor than this approach. You are not seeking the staged construction of IH 635 with no consideration on tolled managed lanes, you are delaying the implementation of IH 635 until the completion of all of these legally required elements, especially in the context of a nonattainment area of the pollutant ozone. Many of the above documents require extensive public involvement requirements to update. What evidence do you have that citizens would change their current view on IH 635? What evidence do you have that the goods movement community and local governments would change their views? Remember we were able to proceed with Southern Gateway without a tolled managed lane because we had one on IH 635. This process may not proceed with your desire since the citizens want IH 635 with tolled managed lanes giving them choice in which lanes to use. Is the TTC open to re-evaluating its position based on public comments received through the update of these documents? If so, there are many options to align the RTC and TTC's positions. If not, would this create a potential legal risk to the approval of each of the above documents? Would this increase the risk that the project would be further delayed? Draft RTC Resolution The questions below regarding the Draft RTC Resolution are: 1. Again you refer to the "decision of the TTC." Please send us that policy, minute order, or discussion so we have the benefit of the principles the Texas Transportation Commission is trying to honor. The geography and projects that are implicated by this policy would be helpful as stated above. 2. Is the Texas Transportation Commission aware in its policy or otherwise, that one can legally stage-construct transportation projects in an environmentally approved corridor (i.e., frontage roads, ten main lanes, no toll lanes, and new interchanges)? 3. Reference again is on the "$1.8 billion." See discussion below on the "Funding Table." 4. The proposed language commits the RTC to work to update planning documents "to reflect non-tolled express lanes on LBJ/IH 635..." See public involvement discussion above. Funding Table The questions below regarding the Funding Table are: 1. We have had no discussion on the following funding elements. Why has TxDOT eliminated other funding considerations? Remember, we are not funding the project now, we are trying to meet the Chairman's challenge of closing the funding gap. Why have you deleted the federal INFRA grant funds (i.e., $165 million) as a possible funding option? Are you now saying that if we win this grant the Texas Department of Transportation would not accept the $165 million in federal discretionary funds? This seems to conflict with the Governor's desire to get federal discretionary funds. Why have you changed the word collateral to deferred? Has the Commission taken off future Category 12 funds from a future consideration? Is that no longer feasible? 2. Your project estimate footnote is inaccurate. You have a$200 million cost reduction if you delay the managed lanes. You have a$200 million cost savings because the Dallas District has been making refinements in the corridor, reducing the need for cantilever main lanes. We are not making any further cost reductions because of competitive tension. If TxDOT feels there is competitive tension that would be an additional $200 million. Why can't we show cost savings as potential strategies in closing the funding gap? Last time we met, we talked about a 50/50 partnership with additional Category 12 Clear Lanes formula funding, is that now off the table? If so, that may impact the additional revenues that we are proposing to put on the project. I believe Chairman Bugg is correct to seek funding gap closure and transparency. Office of General Counsel: 1. Alternatives to increases in single-occupant vehicle capacity in nonattainment areas. See 23 CFR 450.322 (e). 2. Response to a federally required Congestion Management Process. See 23 CFR 450.322 (f). 3. Commitment of all reasonable travel demand reduction and operation strategies. See 23 CFR 450.322 (f). 4. TxDOT-approved environmental document being contradicted by the TTC. What are the consequences and implications legally and on future environmental procedures? 5. What is air quality strategy and who is conducting the State Implementation Plan substitution process? 6. 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Regional Tronsportation Council The Transportation Policy Body for the North Central Texas Council of Governments {Metropolitan Planning Organization for the Dallas-Fort Worth Region) March 8, 2018 The Hanarable J. Bruce Bugg, Jr. Chairman Texas Transportation Commissian 125 East 11 t" Street Austin, Texas 78701-2483 Dear Chairman Bugg: Thank you for your letter of March 6, 2p18. As you know, we are working on multiple optians to clase the funding gap on IH 635 East as you requested and to ensure transparency in the path maving forward. This praject is the highest priority in the eastern subregion and is receiving significant cammitment in time from bath Regianal Transportation Council (RTC) members and staff: TxDOT does not need RTC action to begin procurement on a design-build contractor but we appreciate that you are partnering so clasely with us. At your request at the Commission Meeting in January, 2018, you requested assistance in closing the financial gap in order for all parties to have a clear, transparent visian on how this project was going to be delivered. Since your request also includes a non-tolled express lane which is cantrary to previous RTC actions and policy positions, the RTC needs to ensure there are no unintended consequences. The questions you have been sent outline the process we are going through to eliminate unintended consequences. Our staff is completing that risk assessment regarding funding to already committed projects, as well as any risks related to project delay, inflation costs or legal challenges. The work of the design-build contractor is identical regardless on how the express lanes are operated. RTC action is not scheduled for the March 8, 20�8 meeting for several reasons. First, I have had a long scheduled time conflict with this meeting date and since you talked ta me personally there is no ather person ta interpret your request. Second, the National League of Cities meeting is going on in Washington, DC and several of our RTC members have presentations, committee chair assignments and other responsibilities that require them to not be in RTC attendance. This includes critical elected officials that represent the corridor in question. Third, the RTC action would have been transmitted previous to Tuesday's voting and we have a lang history of not taking action that may have a direct impact on the election of local, State or federal elected officials. And last, several RTC members are engaged in conversations with State elected afficials requesting restraint until more deliberation on their part can occur. P. 4. Box 5888 • Arlington, Texas 76005-5888 •(817) 695-9240 • FAX (817} 64Q-3028 http:/Iwww. n ctcag.orgltra n s The Honorable J. Bruce Bugg, Jr. Page Two March 8, 2018 Staff has requested answers to a series af questions to develop the best path forward. If we have the benefit of those answers we will take those under consideration. I wiil seek RTC consensus on IH 635 East as soon as possible. Thank you far your commitment to this corridor and your desire for timely action. Sincerely, �� Rob Franke, P.E., Chair, Regional Transportation Council Mayor, City of Cedar Hill kad cc: The Hanorable Greg Abbott, Governor, State of Texas The Honorable Dan Patrick, Lieutenant Governor, State of Texas The Hanorable Joe Strauss, Speaker, Texas House of Representatives The Regional Transportation Council Texas Transportation Commission Members Mr. James Bass, Executive Director, TxD4T Mr. Michael Morris, P.E., Director of Transportation, NCTCOG S:\Legal\Our pocuments\Resolutions\18\Resolution on 635 E- Base - final.docx RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, T�XAS SUPPORTING ACTION I3Y THE RFGIONAL TRANSPOR"I'ATION COUNCIL RELATED TO LOCAL CONTROL IN THE ADVANCF,MENT OF THE I-635/LBJ �AST PROJECT; AND PROVIDINU AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council o�FGovernments ("NCTCOG") is designated as the Metropolitan Planning Organization ("MPO") for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and WH�REAS, the Regional Transportation Council ("RTC"), composed primarily of local elected ofiicials, is the regional transportatioi� body associated with NCTCOG charged with creating regional trailsportation policy and continues to be the regional forum for cooperative decisions on trans�ortation; and WHEREAS, the Texas Transportation Commission ("TTC") has requested changes to the Interstate Highway 635 ("IH 635) LBJ East Tolled Managed Land Project (the "Project") removing the tolled managed lanes from the designed widened highway segment to be constructed; and WHEREAS, changes to the Project would require modifications to the Mobility 2045 Plan, the Air Quality Conformity Plan, the State Implementation Plan, the Emission inventories for the State Implementation Plan, the National Environmental Policy Act ("NEPA") Document for IH 635, the Transportation Improvement Program, applicable public involvement procedures, as well as toll collection priinacy of the North Texas Tollway Authority; and WHEREAS, changes to the Project would also require RTC action to repudiate the House Bill 20 10-Year Planning Document Supporting LBJ East With Tolied Managed Lanes from December 2016, the RTC Statement in Support of LBJ East with Tolled Managed Lanes at TxDOT Public Hearings on LBJ fi•om January 2017, the RTC Policy Position on Advancing LBJ East with Tolled Managed Lanes from October 2017,and the RTC Communication to the Lieutenant Governor Supporting Tolled Managed Lanes from January 2018; and WIIEKEAS, the TTC has not provided RTC answers to multiple issues a change may impact, including single-occupant vehicle capacity in nonattainment areas, a response to the Congestion Management Process, and TxDOT-appi•oved environmental documents that may be coi�tradicted by the proposed change; and WHEREAS, the communities of Dallas County, Dallas, Garland, and Mesquite have all passed resolutions expressing their support for the inclusion of tolled managed lanes in the Project; and WHEREAS, the City of Denton suppo�-ts the concept of "local control" over issues impacting its residents; and WHER�AS, the TTC's request may be considered an infi•ingelnent to local government control; NOW THEREFORE THE CI'I'Y COUNCIL OF THE CITY OF DENTON HEREBY RF,SOLVES: SECTION 1. The City of Denton supports the decision n�aking authority of the Regional Transportation Council, as granted by the United States government over the transportation needs of its region, and SEC�I,ION 2. The City of Denton encourages the Regional Transportation Council to continue its efforts Lo suppoi-t the planning decisioi�s made by its local government members in the transportation issues regarding the IH 635/LBJ East Tolled Managed Lanes Project. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this _ day of , 2018. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Ci APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY t �� . ,r. �� . - �----�- . � __ � - � _.... � �_.� BY: � � � � City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-478, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas a Home-Rule Municipal Corporation, amending Ordinance No. 2017-273 to reduce solid waste residential collection service rates, and remove certain administrative rate setting provisions; and providing for an effective date. City of Denton Page 1 of 1 Printed on 3/23/2018 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.c ityofdenton. com DEPARTMENT: Finance DCM: DATE: AGENDA INFORMATION SHEET Bryan Langley March 27, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas a Home-Rule Municipal Corporation, amending Ordinance No. 2017-273 to reduce solid waste residential collection service rates, and remove certain administrative rate setting provisions; and providing for an effective date. BACKGROUND In recent months, staff has reevaluated and made adjustments the Solid Waste department's adopted budget and capital improvement plan (CIl') for fiscal year 2017-18. As a result of these efforts, staff is proposing a 12% rate reduction for residential Solid Waste customers. In addition, staff is proposing edits to the rate setting authority established within the Solid Waste rate ordinance. Aside from special wastes for which no rate has been established, staff recommends all other rates be established by the annual schedule of rates adopted by City Council. The proposed rate reduction has been made possible through staff efforts to improve the department's budget and proj ect management processes. As part of these efforts, staff realigned the department's business units to allow for better reporting and transparency, introduced strategic budgeting and capital planning processes, and performed business case analyses on proposals for new projects and expenditures. As a result of these changes, staff has been able to reduce the department's capital improvement plan by approximately $12.2 million over the next five (5) fiscal years. Further, the department's planned capital expenditures for fiscal years 2017-18 and 2018-19 will require no additional debt issuances. Staff estimates the department will save an estimated $13.4 million in annual debt service expenses over the next six years as a result of the restructured capital plan. In fiscal year 2016-17, Solid Waste finished with net income of $1.16 million due to reduced expenditures associated with landfill mining and improved operational efficiency. This increased the department's operating reserves and working capital total to $9.5 million or 29% of total expenditures. Because current reserves are well above Solid Waste's maximum reserve goal of 18%, staff is confident that the immediate rate reduction will have no negative short term effects. In addition, reduced debt service and further improvements to operational efficiency will enable the department to reevaluate rates for all customer classes over the next six (6) to eighteen (18) months. Upon approval, the residential rate decrease will be made effective March 29, 2018. In terms of next steps, the Solid Waste department is currently participating in an operational review that includes an assessment of the department's organizational structure, staffing, and operational efficiency. The results of this assessment will be provided to the PUB and Council in summer 2018. Solid Waste is also participating in a cost of service review and market study which will provide a comprehensive analysis of the department's rates and competitiveness in the marketplace. Staff expects both of these studies to play a large role in Solid Waste's proposed budget and rates for fiscal year 2018-19. RECOMMENDATION Staff recommends approval of the updated Solid Waste rate ordinance. FISCAL INFORMATION Staff estimates the rate reduction will lead to an approximate reduction in revenue for fiscal year 2017-18 of $600,000. 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. Ordinance No. 2017-273 3. Ordinance Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance oRDINArrcENo. zo17- 2017-273 , , .,� ,� � , #., . , , , , . .T , r • � • •• • r . . , . , ,., . * .' .. ♦ .. 1. . #��... ,: � . . � �� .... � I� � �', �� . � R , .. ��.. � �� : � # � # . �'� �' . '•• 1 � • ! !� • � �;, . � •+# •� • #"! � • • � � .: � � � � �' # • � � • �; • .. � '�' • l � �� •�� " � • ' . � • ' '' ' � ' • � • � ` � #; * . . . � � , � � . . * � # � � # ! �' ' : � • ` � �>� • . � � '' # � ! : � ' , ., # '� #" � .; . . � * � � . �� N�;�4'"I'�� I , The charges for Solid Waste and Recycling callection services as authorized by Section 24-42(b) of Article II, Sectian 24-66 of Article III and Section 24-4 of Article I of Chapter 24; and by Section 32-90 of Article 1V of Chapter 32 of the Code of Ordinances of the City of Dentan, Texas, are hereby established as fallaws: � R�SID�NTIAL REFUS� RECYCLING COLLECTION SERVICES ...r,» ....................... 2 COMM�RCIAL REFUSE & R�CYCLING COLLECTION S�RVICES ............................ 3 PROCESSING AND DISPOSAL SERVICES ........................................................................... 5 SOLID WASTE AND RECYCLING SERVICES DEFINITIONS ..........................�......,.,,.... 7 RESI ENTIAL EFUSE ECYCLING COLLECTION SE VICES (Effective 10/Ol/2017) Residential collection services accounts are defined as: A single-family detached dwelling unit, each unit af a duplex or triplex, or any single unit or living space in which an individual or single family resides. . . �� -� � • � - • . . .� . - � - � . * � ` �� - �� . - �; ' -� � - , �; - �� t +. * _� .. � . - . � w! • �' �.*�-� ' r. -• - . � . � - � �- • '• � . �' � . -• . -- r • 11 . • - .� .� • - � •.. .. �. . . • , . � -� • Ta receive any of the follawing residential services, residents shall contact Customer Service a minimum af one day prior to their scheduled collection day. esidential Collection Services Standard Refuse & Recycling Cart Large Refuse & Recycling Cart Additional Large Cart Service Fees Excess Refuse - per cart reload and empty Yard Waste - per cubic yard, in excess of 4 cubic yards Large Household Item - per item, in excess of 4 items per year Appliances and Electronics Resident►al Remodeling - per CY -(4 CY maximum) Cart change aut fee - for next service day 0 Monthly Rate $27.85 $33.25 $19.75 � CO E CIAL EFUSE ECYCLING COLLECTI N SE VICES (Effective 10/O 1 /2017) Every awner, occupant, tenant, or lessee of any business, commercial, institutional, or industrial property not entitled to receive residential refuse collectian service shall be required to have commercial collection service provided by the City of Dentan. Commercial accounts will be billed monthly or semimonthly. New commercial business develapment and redevelopment will be provided commercial refuse and recycling services as outlined in the Denton Development Cade and Site Plan Criteria Manual. Refuse and recyclables will be collected in city provided or city-appraved containers only. Only recyclable materials accepted by the City shall be deposited in the City's recyclir�g containers. The awner/manager of all commercial businesses is respansible for notifying their personnel of proper recycling procedures. The City of Denton has the authority to inspect the contents of any rnunicipal container. Recyclable materials contamination shall not exceed 10%, ar the materials will be hauled and billed by the City of Dentan as Municipal Salid Waste. Cammercial Cart Service One Pair Refuse & Recycling Carts Additional Refuse Cart Additianal Recycling Cart . � ' • � ` �'; • •' •.� Commercial Front Load Service 6 Cubic Yard Frant Load Compactor Commercial Service Fees Delivery•Relocation•Inaccessible•Extra Empty•Exchange Cantainer Right-of-Way Fee Same Day Service Fee Dumpster Lock Installation and Services Temporary Container Service Charges �? $33.25 $19,75 $15.00 V ',�I� ;; '� � . , � � �$200.00 I', � � ' " c . ': a : ', _ � !� • � � •�� . � �� , � - 1 r . .. � . ♦ ., • � • . �: . • . ! � . # ♦ . �� i� � �II -, ` I � ' . ^ �' • •.�I �' •.• . R � + � � .. �' � �'�. •� +r.. . ii `� + ! : .,,� ,� , �, �� r � � �� i I` , 'r � � � ►. � � . �; � ►� . - r� � Landfill Rates Gate Rate Commercial Rate Wholesale Rate Clean Lumber Sludge, Dewatered Contaminated Yard Waste Concrete Spec►al Waste Minimum Charge (per load} Pull Off Fee (per load} After Hour Fee Unsecured Loads Electronics - per item Appliances - per item . ... • ♦. -• ♦- ... � * ��..�.. TICeS (E1Ci1) Street tires < 3199 d►ameter Street tires > 31" diameter and C 42" diameter Off-road and street tires > 42" diameter �, . � � • • '�� , w� . � � � . 0 F'�r Ton � . � .i �F �.:.*�..� i�. � ... • s. .. • Bagged or unbagged grass, leaves, and brush < 12` Brush > 12' Sand, Soil, ock and Crushed Concrete Sales CO Loaded Materials Screened Sand .• '' . . ., , , , , Rocks (per 100 lbs) Crushed Concrete (per Ton} Materials Delivery Fee (per load, within city limits) • •- ' � ., , , _ -, � ` �� . ` • �� ► � . �� . . ♦. s �` •' f' � � �;� `, �� 1 t�� , '; 11 �. i �1 !# �� 1 � �� :;... � � ..... . . SOLID WASTE RECYCLING SERVICES DEFINITIONS & ADDITIONAL ETAILS (Effective l0/O1/2017) . Hausehold HazardouswWaste Residential and multi-family household chemicals should nat be placed in your refuse container. They include pesticides, herbicides, cleaning chemicals, paints, oils, etc. Residents shall contact Customer Service ta receive curbside collectian. The chemicals shauld be kept in their original containers and placed where requested by the Custamer Service staff. q?fa�u��l►-��ic � c��i��r�r�l�� Televisions, monitors, videa displays, laptops, similar electronic devices, and certain appliances containing CRT, LED, LCD, plasma, and other electronic displays will be charged fees for the collection, processing, recycling, and disposal of these items. I�_�.�,r��t�,r�ti;i�pl ��Wr��1�9,ir�� Residential remodeling materials include, but are nat limited to; lumber, brick, fencing, drywall, and ather canstruction materials. No materials shall exceed 8 feet in length. If the customer has over 4 cubic yards af remodeling materials for callection, the customer is required to utilize a City refuse cantainer af adequate size to contain the materials and maintain a collection service frequency af at least once per month. Residential customers may be provided commercial containers and services at the published commercial rates. Temporary containers may be placed an residential property far up ta 30 days. S ecial Event - Cleaw'��r�+�� a�i w��;�m� ...,� Clearstream Containers No charge Delivery Charge (If Applicable) $60.00 Clearstream cantainers are available far special events at no charge. For events needing fewer than 10, they can be picked up and returned by the customer to Salid Waste & Recycling. Far events needing more than 10, a$60 delivery charge will apply. Commercial Cart Callectians In areas where commercia�� ' 1 cart callection service is available, small quantity waste generatars (one cubic yard or less of refuse per weel<) may cantract for weekly cart service. All refuse must be placed in the cart, and the cart set aut far collection no later than 7:00 a.m. an the scheduled callectian day. A maximum af four carts will be provided; two refuse and twa recycling. Commercial Deliver / Relocation /m N��u��Fcessible / Exchan�e Fee / Extra Service A fee will be charged for container delivery, relocatian, inaccessibility, exchange, or extra collectian services. ��S��w.%�'� � .,...w ��.n ?�w�,�'�"�'�,n�r �''�.�'�� a�0 �1:r,k1H� ��iR'1? ,�,mm, The Salid Waste Department Customer Service persannel must receive commercial on-demand service requests prior to 11:00 a.m. in arder to provide same day callection service. � �'c��pr�zc��°�.is,af ��>�,st �IT#��°, A service deposit is required for commercial containers. Payments to the City that are not received by the due date will result in the custamer's deposit being increased during the next billing cycle. The depasit increase will be based upan the customer's billing history. To cantinue receiving service, the custamer is required ta remit the previous service balance owed and the increased deposit charges. The Director af Salid Waste and Recycling Services, or designee, may adjust the deposit based upon the review of the customer's credit history and otl7er criteria. Shared Commercial Containers Shared commercial cantainer custamers must have at least one cubic yard of service per customer per week. The use of shared commercial containers shall be determined by the Solid Waste & Recycling staff. �"��p��a��,��d �a�:a�wd�.e� ��,�,��o�ai�•��a�s�t�,�� Equipment Uses - All equipment furnished by the City shall at all times be considered the property af the City, and nat private property, Customers shall not modify the equipment or use it for any purpose other than as set forth herein. The City shall repair, as necessary, the equipment furnished. The customer, however, agrees to be solely responsible for any damages ta or loss of equipment resulting from any negligent acts or misuse by the customer, customer's agents, employees, or invitees. The City may tempararily replace the size and/or type of equipment cantracted with one ar more pieces of equipment of equivalent capacity far the purposes of repairing the equipment. Customer agrees that the equipment is in the custamer's care, custady, and control at all times. I mc�ti��_�� I c��:�tlatj�r Customers shall provide an accessible lacatian for the equipment that is safe and pravides adequate and legal clearance. Customers will be solely responsible for praviding access ta the equipment at all times and shall nat be relieved af payment of any charges for services contracted for, but not provided by the City because of the custamer's failure to maintain continuous specified access ta the equipment. The equipment location requires a minimum of 4 feet of clearance around all sides of the equipment, if equipment is not located within an enclosure constructed ta the City's standards. No container shall be set closer than 4 feet to any structure. The drive path that the City's service truck talces on the customer's premises must provide a minimum clearance on each side of the City's truck af at least 2 feet. Overhead clearance of 25 feet is required for roll-off containers, and 20 feet for front and side load cantainers. Failure of the customer to prav►de and maintain these minimum clearances will result in a discontinuation of the►r service until full clearance access is provided, and will require the customer ta pay any and all damage claims, public and private, resulting from servicing the container. Services required to place the cantainer at another location will be charged to the customer. t'.�:��td��it�a�,�° �,h��l�d � �z��..x.��. Loaded side-load containers shall not exceed a tatal weight of ane ton. Laaded front-load containers shall not exceed a total weight of two tons, Any front laad or side load container weighed by the City's staff while on the City vehicle's route, and found to contain excess weight, shall be emptied by the custamer to a weight level which ►s less than or equal to the maximum weight limit for the type af container stated earlier in this paragraph, prior to being serviced. All fnes for overweight rall-off container loads, are the fnancial responsibility of the custamer and shall be solely paid by the customer. �.;1��»+�i�� YV �.�;��,a`��a Acceptance of special waste is subject to Federal and State laws and regulatians, and the City of Denton has the right to refuse to accept or collect special waste at their discretion. Charges for the collection and dispasal af special waste, approved by the Directar af Solid Waste and Recycling, will be established based on the type of special waste, the regulatory requirements, and cost af service for collection and disposal of the waste Unsecured Loads„ In compliance with State regulations, solid waste laads that are not adequately secured to prevent the material from spilling will be charged an Unsecured Load Fee. tis?r�...�c�rl wl�c��_.�tr��! �w�,�w°�,��„�wt� �M�rt�d•��I ��9,��, The Solid Waste Department may sell excess sand, soil, rock, and aggregate materials to the public. Pricing for these materials will be established by the Director of Solid Waste and Recycling at a rate ta fully recover casts. Sales tax shall be added ta the sales price. �u�N„v��:;�N._Ce��t�c°�'i�t9� Materials offered for sale at the Second Chance Store will be sold at the approximate salvage value. Landf 11�� r �9��m�� The current State of Texas assesses a landiill surcharge per (30 TAC 330.602}, the surcharge is a pass- through charge collected on behalf of the State of Texas. Any additional assessment or fees established by a governmental entity will be added to the disposal rates and assessed on all waste delivered to the landfll. Miscellaneous —_�� .............._.....w Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the City shall recover thase additional costs from the customer. � . • ' • . • •:• - + . . . � • • r•• . .. - .• '• � - �- , . � � .�• • '• • - � . � . ._ . .� -• . • • - � • . . • • �' . . • .• � . . . � � �.�: Indemnification and Hald Harmless Customer shall�defen�d, indemnify and hold the City harmless from any and all claims at the service location, and any and all claims made by any other person having an interest in the property situated at the service location, for any loss, damage ar deterioration of the pavement, surface, subsurface materials, ar similar facilities at the service lacation by reasan of use thereof by the City's trucks that are used to service the equipment. Customer further agrees to release, indemnify, defend and hold harmless the City of Denton, Texas, from and against any and all claims of damages related to the furnishing of solid waste and recycling services perforrned by the City in servicing single- and multi- family living facilities as well as commercial entities. �7 SECTION 2. The Director of Solid Waste and Recycling of the City of Denton, or designee, is hereby authorized to deny the use of the City of Denton landfill to any customer who provides false information regarding the origin of, or the composition of the solid waste delivered for disposal to the landfill; or for safety violations committed by a customer within the landfill; or for non- compliance with verbal and written instructions provided to the customer by Solid Waste and Recycling Department personnel at the landfll; or for nonpayment of delinquent funds owed by the customer to the City of Denton, Texas; or for any violation of the law committed by the customer within the landfill; or for any non-compliance by the customer with the Texas Commission on Environmental Quality regulations or policies; or for any non-compliance by the customer with the City of Denton's Code of Ordinances or rules; or for any violation of the written landfll rules by the customer as posted by the Solid Waste and Recycling Department at the entrances to the landfill, from time to time. SECTION 3. It is in the public interest that the provisions of Sections 26-3, 26-4, 26-5, 26- 7, 26-8(a), and 26-9 of Article I of Chapter 26 of the City of Denton Code of Ordinances shall expressly apply to City of Denton Solid Waste and Recycling services. SECTION 4, All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 6. This ordinance shall become effective, charged, and applied to all solid waste and recycling services rendered by the City of Denton on and after October 1, 2017; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. � PASSED and APPROVED this �� day of �;�,� ��°, 2017. �° � ��'� � �� ,�� .�._.�.._... CHRIS W��" � �"��MAY , OR 10 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ��.R �.. ... ....�.. APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY BY: 11 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AMENDING ORDINANCE NO. 2017-273 TO REDUCE SOLID WASTE RESIDENTIAL COLLECTION SERVICE RATES AND REMOVE CERTAIN ADMINISTRATNE RATE SETTING PROVISIONS; AND, PROVIDING AN EFFECTNE DATE. WHEREAS, after a review of existing solid waste residential collection service rates, City management has determined that solid waste residential collection service rates established in Ordinance No. 2017-273 should now be reduced; WHEREAS, after a review of past management practices and policies in the Solid Waste department, City management has determined that certain administrative rate setting provisions contained in Ordinance No. 2017-273 should be removed; WHEREAS, the reduction of solid waste residential collection service rates and removal of administrative rate setting provisions from Ordinance No. 2017-273 are consistent the City Manager's institutional core values of Integrity, Fiscal Responsibility, and Transparency; WHEREAS, the City Council finds that these actions are in best interest of the citizens and ratepayers of the City; NQW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The matters set forth in the preamble of this ordinance are incor}zorated into the body of this ordinance as findings by the City Council; SECTION 2. The monthly rates for solid waste Residential Collection Services set forth on page 2 of Ordinance No. 2017-273 are amended as follows: a. Standard Refuse & Recycling Cart is reduced and changed from $27.85 to $24.51; b. Large Refuse & Recycling Cart is reduced and changed from $33.25 to $29.26; and c. Additional Large Cart is reduced and changed from $19.75 to $1738. SECTION 3. The following provisions set forth on page 9 of Ordinance No. 2017-273 are deleted in their entirety: a. Under "Sand, Soil, Rock, and Aggre�ate Material Sales" the following is deleted: "Pricing for these materials will be established by the Director of Solid Waste and Recycling at a rate to fully recover costs. Sales tax shall be added to the sales price." b. Under "Miscellaneous" the following is deleted: "Other collection and processing services may be provided at fees established by the department, and approved by the Director. The fees established will recoup the cost of service, including special and administrative services provided:' SECTION 4. The provisions of Ordinance No. 2017-273 not amended by this Ordinance remain in full force and effect. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. �'�SS�"C7 AT'�1[� �1Pi'f:C��'L�� tlyiw t8ti�; ti�ry^ caf , 2�1�8. CE-1Ci.IS 1�VA�°T�!"S, ➢�"1FiY�E� AT"d'EST: :�ENNCF�It'v�AL`�`�fiS, CI��Y ��'C�,�TAI�:Y �Y: r1�'['}��JV�� AS TC� LCGAdI., �"C�I��: AARQN i:,�1'��, C��I�Y A°�TQ&��9im,""�' ��,,a BY; City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� File #: ID 18-506, Version: 1 Legislation Text AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager, or his designee, to sign a Notice of Extension of the TMPA Power Sales Contract for Seasonal Operation from September l, 2018 to September 30, 2018 pursuant to Section 5.13 of the TMPA Amended Joint Operating Agreement. City of Denton Page 1 of 1 Printed on 3/23/2018 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 Denton Municipal Electric CM/ DCM/ ACM: Todd Hileman DATE: March 27, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager, or his designee, to sign a Notice of Extension of the TMPA Power Sales Contract for Seasonal Operation from September l, 2018 to September 30, 2018 pursuant to Section 5.13 of the TMPA Amended Joint Operating Agreement. BACKGROUND Presently, the Texas Municipal Power Agency (TMPA) Power Sales Contract for the Gibbons Creek power plant terminates on September l, 2018 unless extended. This is the date that the Greenville Electric Utility System (GEUS) will no longer be entitled to electric generation from the plant pursuant to a 2 year notice provided by GEUS. DME's share of the power plant's 470 MW rated output is presently 21.3% (equal to approximately 100 MW). GEUS's share is 10% (47 MW). Amendment No. 2 to the TMPA Joint Operating Agreement, and Section 5.1.3 titled "ELECTION TO EXTEND FOR SEASONAL OR OTHER TERM-LIMITED OPERATION", was approved by the Denton City Council on September 19, 2017. This section provides that one or more of the plant's generation participants can extend their respective Power Sales Contract beyond September l, 2018. In this regard, staff for the remaining three participants entitled to plant production (Denton, Garland and Bryan) have expressed their interest in extending the Power Sales Contract through September 30, 2018, at which time the Gibbons Creek plant would be shut down again on at least a seasonal basis. If the three participants extend the PSC as anticipated, Denton's share of the plant's output would increase to 23.7% (�lll MW) since GEUS's foregone power production entitlement is shared pro rata among the three remaining participants. Execution of the proposed Extension Notice does not obligate any participant to take electric energy from the Gibbons Creek plant beyond September 30, 2018. A decision to operate the power plant during the summer of 2019 will be made at a later date by the remaining generation participants. As communicated to the City Council earlier, negotiations to sell the power plant and associated assets, including TMPA transmission facilities, is ongoing. RECOMMENDATION Staff recommends approval and will be presenting to the Public Utilities Board for their consideration on March 26. FISCAL INFORMATION The Extension Agreement will obligate Denton Municipal Electric to purchase its respective share of the Gibbon Creek power plant generation during the one month extension period. The value of such power is projected to exceed its cost. 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 City facilities EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Notice of Extension of the TMPA Power Sales Contract for Seasonal Operation Exhibit 3: Resolution Authorizing Signature of Notice of Extension Exhibit 4: Amendment No. 2 to the TMPA Joint Operating Agreement Exhibit 5: TMPA Power Sales Contract, as amended Exhibit 6: Presentation Respectfully submitted: George Morrow DME General Manager Prepared by: George Morrow DME General Manager BRYAPI TEXAS UTIL�TIES a�qI��NIf1pII�I�a�il�iNnuruxu�vrvm..�num�w�„„� .��.,��„.�„��m„�.�� ..,..,.,.......... 7HE L7IFFEREfUCG IS �QS6A March 7, 2018 Mr. Bob Kahn General Manager Texas Municipal Power Agency 12824 FM 244 Anderson, Texas 77$30 Re: Notice of Extension of Power Sales Contract for Seasonal Operation pursuant to Joint Operating Agreement, effective September 1, 2016, as amended by Second Amendment to Joint Operating Agreement, effective September 22, 2017 (the "Joint Operating Agreement"). Dear Mr. Kahn: Pursuant to Section 5.1.3 of the Joint Operating Agreement, the cities of Bryan, Denton, and Garland (the "Cities") hereby notify you that the Cities intend to purchase one hundred percent (100%) of the output of the Gibbons Creelc Steam Electric Station to complete the seasonal operation of the plant for 201$, thereby extending the Power Sales Contracts as to the Cities from September l, 2018, to September 30, 2018. Power, energy, and generation costs should be allocated as follows: Bryan 24.1 % Denton 23.7% Garland 52.2% Thank you for your attention to this matter. Sincerely, Gary D. Miller General Manager, Bryan Texas Utilities 205 E. 28iH STRE[T � I�.Q. BOX 10(70 � BRYAN, TX 7%8a5 � pHONE: 979.$21.5715 � F,�,X: 979.821.5795 � WWW.BTUTILIiIES.CQM Re: Notice of Extension of Power Sales Contract for Seasonal Operation pursuant to Joint Operating Agreement, effective September l, 2016, as amended by Second Amendment to Joint Operating Agreement, effective September 22, 2017 (the "Joint Operating Agreement"). C Jeff Janke General Manager, Garland Power & Light Re: Notice of Extension of Power Sales Contract for Seasonal Operation pursuant to Joint Operating Agreement, effective September 1, 2016, as amended by Second Amendment to Joint Operating Agreement, effective September 22, 2017 (the "Joint Operating Agreement"). : George Morrow General Manager, Denton Municipal Electric ORDINANCE NO. AN ORDINANCE APPROVING THE EXTENSION OF THE TEXAS MUNICIPAL POWER AGENCY'S ("TMPA") POWER SALES CONTR.ACT FOR SEASONAL OPERATION PURSUANT TO SECTION 5.1.3 OF THE TMPA JOINT OPERATING AGREEMENT; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the City of Denton is a member of the Texas Municipal Power Agency ("TMPA"); WHEREAS, the TMPA owns and operates the Gibbons Creek Steam Electric Station ("Gibbons Creek Plant") in Grimes County, Texas; WHEREAS, section 5.1.3 of the Joint Operating Agreement, as amended, provides that TMPA members participating in the generation station's output may extend their participation under the Power Sales Contract beyond September 1, 2018; WHEREAS, TMPA member City of Greenville has elected not to extend its participation in the Power Sales Contract beyond September 1, 2018; WHEREAS, staff for the three TMPA members participating in the Power Sales Contract (Denton, Garland and Bryan), have expressed their interest in extending the contract through September 30, 2018 (the current planned seasonal shutdown date for the Gibbons Creek plant), and during such extension Greenville's share will be allocated among the three remaining cities thereby increasing Denton's share from 21.3% (100 MW) to 23.7% (�111 MW); WHEREAS, execution of the Extension Notice does not obligate any TMPA member to participate in the output from the Gibbons Creek plant beyond September 30, 2018; and WHEREAS, the City Council of the City of Denton deems it is in the public interest and serves a municipal and public purpose to authorize the Notice of Extension and exercise its extension to participate through September 30, 2018 pursuant to Section 5.1.3 of the TMPA Joint Operating Agreement. NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. The City Council finds that the extension to participate in operations provided in section 5.1.3 of the Joint Operating Agreement serves a valid municipal and public purpose and is in the public interest. SECTION 3. The City Manager, or his designee, is authorized to execute the letter attached as Exhibit "A" and deliver the same to the Texas Municipal Power Agency. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of March, 2018. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPROVED AS TO LEGAL FORM: AARON LEAL, CITY A TORNEY BY: AMENDMENT NO. 2 TO THE JOINT OPERATING AGREEMENT BETWEEN TEXAS MUNICIPAL POWER AGENCY AND CITY OF BRYAN, TEXAS CITY OF DENTON, TEXAS CITY OF GARLAND, TEXAS CITY OF GREENVILLE, TEXAS This Amendment No. 2("Amendment No. 2"), effective as ofthe date set forth below, to the Joint Operating Agreement, effective September l, 2016 (as conditionally amended by the Amendment No. 1 to the JOA, effective September 15, 2016 ("Amendment No. 1") and as amended by this Amendment No. 2(the "JOA" or the "Joint Operating Agreement"), is made and entered into between the Texas Municipal Power Agency ("TMPA" or "Agency"), a municipal corporation and political subdivision of the State of Texas established pursuant to the prnvisions of Chapter l63 of the Texas Utilities Code, and the City of Bryan, the City of Denton, the City of Garland, and the City of Greenville, Texas (herein collectively "Cities" or individually "City"), each of which cities is a municipal corporation of the State of Texas, a home rule city, and a Participating Public Entity in TMPA (collectively, the "Parties"). Capitalized terms used in this Amendment No. 2 not otherwise defined herein shall have the definition set forth in the .TOA. WITNESSETH: WHEREAS, the Parties have previously entered into the JOA; and WHEREAS, Amendment No. 1 provided that Amendment No. 1 would have no force or effect if the Generation Asset Sale, as defined in and contemplated by Amendment No. 1, is terminated or does not close; and WHEREAS the Generation Asset Sale, as contemplated by Amendment No. 1, will not close, and therefore, by the terms thereof, Amendment No. 1 is of no force and effect as of the Effective Date (as defined below) of this Amendment No. 2; and WHEREAS, the Parties have agreed to this Amendment No. 2 to accomplish certain purposes, to-wit: to (1) provide for the sale of portions of TMPA's Transmission System, in a piecemeal manner, but subject to certain bond covenants described below that govern the sale of portions of the Transmission System and (2) correct and clarify certain provisions of the JOA that pertain to Mine Reclamation Bonds; and Page 1 of 9 WHEREAS, this Amendment No. 2 shall be deemed delivered and effective, assuming the approval and execution of identical resolutions by each of the Parties, on the date that this Amendment No. 2 is executed by the last Party to do so, being the "Ei�ective Date" of this Amendment No. 2; and NOW, THEREFORE, in consideration of the recitals set forth above, the mutual covenants, benefits, agreements and obligations ofthe Parties, as set forth herein, the Parties, each intending to be legally bound, agree as follows: Section 1. In accordance with the preambles hereof, concurrently with the Effective Date hereo� the provisions of Amendment No. 1 shall be null and void, without further effectiveness. Section 2. Article I of the JOA is hereby amended by modifying or adding to the definitions set forth therein as shown below: "Mine Reclamation Bonds" shall mean any Debt issued for the purpose of mine reclamation or any obligations related thereto, including any "credit agreements" as defined in Section 1371.001(1), Texas Government Code. "Series 2010 Bond Resolution" shall mean the applicable Resolution No. 2010-6-2 adopted by the TMPA Board on June 24, 2010. "Transmission Asset" shall have the same meaning set forth in the Series 2010 Bond Resolution for the term "Transmission Facilities," and such term may be used interchangeably herein with the term "Transmission Facilities," including singular and plural variations of such terms. Section 3. Section 2.6.1.1 and 2.6.1.2 are amended to read as follows: "2.6.1. BUDGETING AND COST RECOVERY. 2.6.1.1. FOR THE PERIOD FROM THE EFFECTIVE DATE AND ENDING SEPTEMBER 1, 2018. For the period effective October l, 2016, and annually thereafter to September l, 2018, the TMPA Board shall adogt annual budgets, by business category. For geriads prior to September 2, 2018, such Annual Budgets shall be for informational purposes. Recovery of the costs of Agency operations for this geriod shall be through the (i) Annual System Costs under the Power Sales Contract of the Agency and (ii) Transmission Revenues. From the Effective Date through September l, 2018, funds otherwise available to be returned to the Cities under Section 7(a)(3) of the Power Sales Contract shall be applied to the following uses: (i) first, to fund the Decommissioning Reserve Account up to the cap for that account as stated in Section 5.5, and (ii) then, to fund the Indemnity Reserve Account up to the cap for that account as stated in Section 6.5. Any net proceeds remaining after the obligations described in (i}(ii) shall be apportioned to each Participating Public Entity based on the following percentages: Bryan - 21.7%; Denton - 213%; Garland - 47%; Greenville - 10%. Page 2 of 9 2.6.1.2. FOR PERIODS COMMENCING FROM AND AFTER SEPTEMBER 2, 2018. Commencing September 2, 2018, and for each fiscal year thereafier, the TMPA Board shall adopt budgets by business category, and adopt charges for the recovery of the costs of operations by business category, according to the specific requirements in Articles III, IV, and V, respectively." Section 4. Section 2.6.2.5 of the JOA is amended to read as follows: "2.6.2.5. LIMITATIONS ON DEBT. From and after September 1, 2016, the Agency shall not incur any form of Debt other than Transmission Debt, whether bonds, notes, a new commercial paper program or increase in an existing commercial paper program, or obligation for borrowed money of any kind, unless such Debt is: (1) attributed to a single business category, (2) approved by a Super Majority Vote of the TMPA Board and by concurrent resolutions of each Participating Public Entity in the business category to which the debt is attributed, and (3) secured solely by assets or revenues or operations of the business category to which it is attributed. From and after September 1, 2016, the Agency shall not incur any form of Transmission Debt, whether bands, notes, commercial paper or obligations of any kind, unless: (1) prior notice of at least 60 days has been given to each Participating Public Entity in the Transmission Business category of the proposed issuance of such Transmission Debt, which notice shall include the principal terms on which such Debt is proposed to be issued, and (2) such proposed Transmission Debt is: (7 after September 1, 2018, payable solely from Transmission Revenues, and (ii) approved by a Super Majority Vote of the TMPA Board . The restrictions in this Section relating to Debt shall not apply to Mine Reclamation Bonds, surety bonds, banking agreements, letters of credit, or other financial commitment related to providing financial security or assurance for the TMPA's mine reclamation responsibilities. For clarification, Approval of the Participating Public Entities shall not be required for (1) the issuance by TMPA of Transmission Debt or (2) the issuance by TMPA of commercial paper notes under a commercial paper program established prior to September l, 2016, that is: (A) payable in full on or before September 1, 2018 or (B) by its terms, to be converted to Transmission Debt on or before October 1, 2018." Section S. Section 2.6.2.6 of the JOA is amended to read as follows: "2.6.2.6. LIMITATIONS ON OTHER NEW LONG-TERM OR SIGNIFICANT OBLIGATIONS. In addition to the limitations on incurrence of Debt provided in Section 2.6.2.5, from and after September 1, 2016, the Agency shall not incur any other form of long-term obligation unless such obligation is: (1) attributed to a single business category, (2) approved by a Super Majority Vote of the TMPA Board and by concurrent ordinances of each Participating Public Entity in the business category to which the obligation is attributed, and (3) secured solely by assets and/or revenues of the business category to which it is attributed. For purposes of this paragraph 2.6.2.6, "long-term or significant obligation" shall mean any contract or other form of obligation (i) having a term in excess of twenty-four (24) months unless the contract may be cancelled by the Agency for convenience without penalty at any time after the giving of notice and the expiration of a contractual notice period not to exceed one hundred twenty (120) days, or (ii) in an amount in excess of ten million ($10,000,0Q0.00) dollars. The restrictions in this Section relating to long-term or significant obligations shall not apply to Mine Reclamation Bonds, surety Page 3 of 9 bonds, banking agreements, letters of credit, or other financial commitment related to providing financial security or assurance for the TMPA's mine reclamation responsibilities." Section 6. Section 3.2.1 ofthe JOA is amended to read as follows: "3.2.1. BUDGETING AND OPERATIONS. From and after the Effective Date through September 1, 20l 8, charges for recoupment of such costs as are included in the Annual Budget for the Mining Business category, including any debt service on any Mine Reclamation Bonds and any other costs related to surety bonds, banking agreements, letters of credit, or other financial commitment related to providing financial security or assurance for the TMPA's mine remediation responsibilities, shall be assessed to each Participating Public Entity in the manner provided in Section 2.6.1.1. From and after September 2, 2018, charges for recoupment of such costs as are included in the Annual Budget for the Mining Business category, including any debt service on any Mine Reclamation Bonds and any other costs related to surety bonds, banking agreements, letters of credit, or other financial commitment related to providing financial security or assurance for the TMPA's mine remediation responsibilities, shall be assessed to each Participating Public Entity according to the following percentages: Bryan - 21.7%; Denton - 21.3%; Garland - 47%, Greenville - 10%, and billed to each Participating Public Entity on a monthly basis, unless a different schedule ofcharges shall be adopted bythe unanimous approval ofall ofthe Participating Public Entities in the Mining Business category. In the event a Participating Public Entity exits the Mining Business as permitted under Section 2.11.1, it shall remain responsible for the same percentage share of costs incurred after its exit as set forth above, such that the same percentages shall apply to each exited and remaining Participating Public Entity for any costs of the Mining Business category until all Mining Assets are sold." Section 7. There is added to the JOA Section 3.2.4, to read as follows: "3.2.4. SALE OF MINING ASSETS PRIOR TO COMPLETION OF MINE RECLAMATION. Prior to completion of mine reclamation, the TMPA Board may approve leases and license agreements of Mining Assets, including the lease of minerals that are Mining Assets, and may approve the sale of real property interests in Mining Assets provided such sales, in each case, do not exceed $250,OQ0, or, in the case of multiple sales, $500,000 in a fiscal year. Such sales of real property interests in Mining Assets shall not be less than the fair market value of such assets as reasonably determined by TMPA. The net funds received from the sale of any mining assets under this section shall be applied for the purposes and in the priority stated in Section 3.2.3:' Section 8. Subsection 4.4.1(6) of the JOA is amended to read as fo llows: "(6) Transfers prior to final disaosition. Notwithstanding Section 4.4.1(2), nothing herein shall prohibit a sale of a Transmission Asset or portion thereof on a piecemeal basis to a Participating Public Entity or a third party provided that the sale is approved by a Super Majority Vote of the TMPA Board, the sale is not less than the net book value of the asset being sold, and Page4of9 the sale does not contravene any bond covenants of any outstanding Debt associated with the asset, including any Transmission Debt. Approval of each Participating Public Entity shall be required if the net book value of the asset to be sold exceeds $250,000 or in the case of multiple sales, the net book value of the assets sold in a fiscal year in the aggregate exceeds $500,000. In the event that any Transmission Asset, or portion thereof, is sold to a Participating Public Entity pursuant to this section after the Effective Date of this Agreement, but prior to the transfer of ownership of Transmission Assets described in Paragraph (3) above, the following shall occur in the process in subsection (3)(iii) above: (i) the asset sold shall be removed from Schedule C and from the Total Transmission Asset Dollar Value and (ii) the asset sold shall be removed from any geographical assignment to any Participating Public Entity. Additionally, the net funds received from any such sale shall be applied to the purposes and in the priority stated in Section 4.6. Nothing herein shall prohibit a transfer of a transmission capital project or portion thereof to a Participating Public Entity pursuant to the TMPA Transmission Asset Ownership Policy. In the event that a transmission capital project, or portion thereof, is transferred to a Participating Public Entity pursuant to such policy after the Effective Date of this Agreement, but prior to the transfer of ownership of Transmission Assets described in Paragraph (3} above, and such transmission capital project, or portion thereof, is associated with a rebuild, reconstruction, or replacement of an existing TMPA Transmission Asset the following shall occur in the process in subsection (3)(iii) above: (i) the net book value ofthe existing asset at the date oftransfer ofthe capital project shall be included in the Total Transmission Asset Dollar Value and (ii) the net book value of the existing asset at the date of transfer of the capital project of that asset shall be attributed to the receiving Participating Public Entity for purposes of determining the value of the Transmission Assets initial geographically-assigned to the receiving Participating Public Entity." Section 9. There is added to the JOA Section 5.1.3. to read as follows: "5.13 ELECTION TO EXTEND FOR SEASONAL OR OTHER TERM-LIMITED OPERATION. In the event one or more Participating Public Entities that have elected to extend their Power Sales Contracts beyond September 1, 2018 provide written notice to TMPA that they intend to purchase one hundred percent (100%) of the output of the plant at any time after September 1, 2018, for the purpose of providing for seasonal operation of the plant, or for some other operational schedule as ERCOT may require or request, or for some schedule that such Participating Public Entities may deem advisable, the Power Sales Contracts will be extended as to those Participating Public Entities, but only for the duration of time specified in such notice, and a twenty-four month notice of termination of the Power Sales Contract shall not be reyuired. The notice to TMPA shall state that the extension of the Power Sales Contract is being made pursuant to this Section. The terms of Section 5.2 shall apply to any extension under this Section 5.13." Section 10. OTHER AGREEMENTS. Page 5 of 9 (a) All other terms and conditions ofthe Joint Operating Agreement shall remain in full force and effect except as modified herein. (b) Except for Section 1 which shall survive terrnination, this Amendment shall terminate on the same date the Joint Operating Agreement terminates. (c) Each Party warrants that all necessary actions have been taken to make this a binding amendment, including TMPA Board or city council action, as applicable. (d) This Amendment may be executed in multiple counterparts, each ofwhich shall constitute an original but both or all of which, when taken together, shall constitute but one instrument. This Amendment may be delivered by the exchange of signed signature pages by facsimile transmission or by attaching a pdf copy to an email, and any printed or copied version of any signature page so delivered shall have the same force and effect as an originally signed version of such signature page. IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 to Joint Operating Agreement, to be effective upon the Effective Date as set forth in the Recitals. TEXAS MUNICIPAL POWER AGENCY By: _ Name: Title: Date: Attest: Approved as to form: Counsel for Texas Municipal Power Agency Page 6 of 9 CITY OF SRYAN, TEXAS sy: _ Name: Title: Date: Attest: Approved as to form: Counsel for the City.of Bryan, Texas Page 7 of 9 �-+r�;Jy'^� �ry7��,yr�v p�� p�,� , �1.� 1 9. 'l..l�� d.AL' Y�4 A�.k'"1.�� a,l-7�M7 ✓'"% ,.n �r+'/� W,.._---•�__�,r^"' ,„� � � �' �" � O n° ,�' �„�.....--�-_^.^---...�...,__�. � � � �„^'"r^" k�/ � rd �"r / aar �� _ T+�amc "T"�t1�: 1��,t�: °�� "�� " .�ttest: �� .. � ,��pra�re;d as t�r c�e-rn: �°'`� �' �c��anse8 fo�• tl�� ity o e.i�utic��, c;�ck� C1'I"Y i�T GAR�L�,AI'��1, TEXAS By: N�tm�: "9"id le,: I7�te: Ei.�i�:s� : C1"�'� �F ��E�NVTL�.��,, TEXAS �y: 1�a�a��: "�"i�l�: i��t�:. ,�tti�;�t: : �� " � �� .n �^ q�"" 1 � � � �� ,., � � "N' .�� if :. GEUS, acting on behalf of the City of Greenville pursuant to its Charter : Name: Title: Chair ofthe Board ofTrustees ofthe Electric Utility Board Date: Attest: Page9of9 r � .',r:�\� �� . � ' °' i �r � . � . � , � ��. � � � 1 ��. � � / T . � • � ! . I'J� 1 lil �� 1 "�� x ID� 1�� I�I � , l l TABLE OE CONTENTS Seclion l: Te oF Contracta Scclion 2: De6nitions_ . . . .. ..... Se�rion 3: Sale and Purchase of Power and Energy_ . _ . . . . . . . . . . . . . . . . . . Secrion 4: Performance of Certain Services. __. . Section S: Delivery of Power and Energy. .. .. ... Sec�ion 6. Annual Syste udget. - - . - - - . . . _ . . . . . . - - . . _ . . Secrion 7: ates and Charges. . , . . _ . . . . . . . . . . . . . . . . . . . Section 8: eter Readings and Payment of Bills . . . . . . . . . . . . . . . . . . . . . . . . Sec�ion 9: eter Testing and illing Adjustment . . . . . . . . . . . . . . . . . e Section 10: Payments to Constitute OperaUng Expenses of ty Syste _. Sec�ron 11: City ate Covenant_ . . . . . . . . . . . . . . . . . . . . . . . . . e . . _ Sectron 12: Covenants of the Agency. . . . . . _ . . . . . e . . . . . . . . . . . . . . . . . . . . . . Section 13: Project Approval d' ts of Cities when a Project is not Approved. . . . . . . . . . . . . . . . . . . . Secrron 14: ebt Service Guarantee; Operating and aintenance Ex ese . e . . . . . . . . . . . . . . . . . . . , . . , . . Section 15: e e 'es in Event of fau1L . _ . . . . e . . , e . . . . _ a . . , . , . . . , , Sec�ion l6_ e-creation of Agency. . . . . . . . . e . e . . . . . . . . . . _ . . . . . . e . . . . . . . . . . . . . . „ ,. . . Secrion 17: Pay ent ue ates and linquency. . . . . . . . _ . . e . e e . e . . e . . . . . . . . . . . . . . Sec�ion 18: Power Sales Contracts_ . . . . . . . . . . � . : . . . _ � . . . . . . . . . . . . . . . ,, . . . _ . . . . . . . . . Sec�ion 19: ntinustion of Se ices. ._......._ e....._._.e._..e..,...,..„......_,,.., Secrion 20: City ot to Sell ics ec �c System_ . . . . . _ . _ _ . . _ _ . . . . _ . . e . , . . . u . . _ . . . . . Section 21: Assignment of Rigi�ts of a City. . . . . . . . . . . . . . � . _ _ . _ _ . . . _ . . . . . . ., . . . , , Section 22: issolution of the en . . . . . . . . . . . . . e . . . . . . e . . . _ . e . . . . , . . . . . . . . . . . . . . . Sec�ion 23: For ajeure. __..e_....e ................e............,.,..,...,..... �eclion 24: Insurance_ �ee...ee...�..e...... ___a....m_.e__._...,,�. ............... Seclion 2S: e -----------------•......___....P....... ... . Sectron 26: Records and Accounts. . . . . . . . .:.. . . . . . . . . . . . . � . . . . . . . . , . : . , . . . . . . . . . . , , . .. Section 27: Access_ ...._. ...... ...:.................m.._........,... Sec�ion 28: Governmental Rates, Regulalions and Laws. . . . . . . . . ., . . . . . . , . . . , _ . . . . . , . . Section 29: Easements. ..__,. ................. m............... ._.,.,.,.._......,,. Section 30: Cancellation of Prior ConUract. � _ , . . . . � . . . a . . . . , . . . . . . _ . . . . . . . .� . . . . . . . . . � . Sectron 31: Natices. . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . Section 32: Severability- ---... . ..�...... ..�..W ..... ................ Sectron ?3: Contracts to be Separate. _ . . . , e , . . � . � . . � . . . . . . � e . . .� . . . . . . . . . . . . . . . . ExhibitA ..----�-�---�--.._�......�, .....................�..."..4....... ScheduleB .-------..�..._.....,,�,.........,.�_.. ..............�r.e�W... (�) G Pagc 1 1 3 4 5 5 6 7 7 7 7 7 f� 10 11 12 12 13 13 13 13 13 13 14 14 14 14 14 15 15 15 15 t5 I7 19 POWER SALES CON7RAC'T BE'I�VEEN TEXAS MUNICIPAL POWER AGENCY ANU CITY OF BRYAN, TEXAS CITY OF DENTON, TEXAS CITY OF GARLAND, T'EXAS CITY OF GREENVILLE, TEXAS This Contract, made and enlered into as of ihz ist day of September, 1976, by and hetween the Texas Municipal Power Agency, a municipal co�poration and political subdivision of the State of Texas, and [he City of Bryan, the Ci!�� of Den�on, the City of Garland, and the City of Greenville, Texas each of which cities is a municipal c�rporation of the State of Texas and a home rule city (herein collectively called "Cities" or individually called "Cit}•"). WITNESSETH:. WHEREAS, each �ty has need fo,- an economical, �eliable source of Power and Energ�� to meet ihe growing demands of its customers and hac determined to purchase such Power and Energy from lhe Agency; and WHEREAS, �the Agency proposes to construct or acquire electric generating plants :uid transmission lines or to acquire ownenhip interests therein, and to purchase or otherwise obtain Power and Energy for the pu�pose of supplying Power and Ener�y to each City and oihers; and WHEREAS, each City desires to purchase, and the Agency desires to sell Power and Energy un the terms and conditions herein set forth; Nov��, THEREFORE, in consideration of the mutual undertakings herein contained, the Agency and each City agree as follows: Section 1: Term of ' Coatract. This Contract shatl become effe�ytive upon the- deli�ery tr the Ag�r��y of the �rv+��eds of the in�ti�� se��+�:� �f ��rr+�l,�. ��by��: t�� t�;z� �rr�r��:s ��" �rti�a�a� I�a :��d'. 19 bz�a°�of, this"�'�a�u�ract shall r��o��o�� in ��+�t ��'�r � �.��°�°xc�� " ii�a�t��v� ��i'� ��:�� "r�ra�� '.1�� ui� hereof or until such time as all of the Debts of the ,�,�+�� 1��9� �u�v� ��cx� �.��u�� !��' ��°��i�� " �� payment s6a11 have been made), whichever is later. Scction 2: Definit'w�. As used herein: (a) "AcY' shail mean Chapter 166, Acts of the 63rd L.egislature; Regular Scssion, 1973, as a�ended bv Chapter 143, Acls oF the 64th Legislature, Regular Session, 1975, and all laws amendatory- thereof or supplemental lhereto. (b) "Agency" shall m�an the TexSs Municipal Power Agency as created and established (pursuant �o the �ctl by concurrent ordinanc� adopted by the governing bodies of the Cities, or its successor. (c) 'Annual System Cosls".shall mean, with respect lo a Contract Year, and to the exteat not paid or to be paid from the proceeds of Bonds o� other funds legally available to the Agency, all costs and expenses of the Agency that are paid or incurred during such Contract Year and are allocable to the Systcm, including, but not limited ta the payment of the (�perating and Maintenance Expenses of , thc System, all costs, chargc�, and expenscs of replaccments and rencwals of the System and all tazcs, a�scssmcr.tc �r otl�er governmcrtal charges lawfully imposed on Agcncy or on thc rcvenues of the S}'stem or ra}'ment; in licu Uicrco(, an:l Uic Jeposi� or payment of anv and all amounts which the Agency may now and hercaf[er becomc ubligated to deposit into an}• fund or pay from revenues of the Systcm, by v�a>• Iaw, contract, or any Ron�+ Resolution (d) "Annual System Budgct" shall mean. with �cspect lo a Concract Year, the budget of the Agen�y rrepared in a�cordance with Section 6 hercof for such Contract Year or, in the case of an amended Mnual System Rudget. for the remainder of such Contract Year_ (c) "Approti-ed Projec:t" shall mean a Project which has been approved pursuant t� Section 13 of this Contracl. The lerm dues not include Projec�s u•hich may he approved after �he Agency is recrea�ed punuan� to Section 1G of this contract_ (f) "Bonds" shall mean all bonds issued by the A�ency pursuant [o �he Bond Resolution_ (g'� "Bond Rcsolution" shall mean thc res<�lution auihorizing the issuance oF the "Texas Municipal Yower Asency Revenue Bonds, Serics 1976;' and an}' resolution subsequently adopted by the Agency which authorizcs thc issiiance oF Bonds, including refundinK Bonds, on a parity with the said Series 1976 Ronds. Subject ro the provisions of para�raphs (e) and (F) of Section ]4, in eilher of the events that ! i) a Cily- disapproves a Project ( pursuant to Section 13 hereof ) and elecCs Option One ��r iii) the Agency ii recreated pursuant [o Section 16 hereoF and entities other than all of the Cities of Br�-an_ Denton, Garland and Grcenvi;le contract with the Agency to provide moneys for the p•s}•ment of an}• obliga�ior of the Agrn:y, obligalions thcrcafter issued shal! not be on a parity with the Serirs 1976 Bonds. and such obli�ati��ns. if an}'_ shall no� be deemed lo have been issued p�rsuant to the $ond Resolution. (h) "Contracl Year" shall mean the fiscal y2ei of the Agency as from time lo time determined hy the Agency; provided, however, the first Contract Year of the Agency shall begin on the effec�ive da�e of this Contract and shal! end on the last day of the fiscal year of the Agency within which this Contract becomes cf%ctivc. (i 1"Debts" shall mean Bonds and Subordina[ed Indebtedness, as �efined in the Bond Resolution, together with interest thereon, and redemption premiums, if any. (j) "Debt Service" or 'Debt Service Requirements" shail mean, with respect to any period. the net aggregate of [he amounts reguired �o be paid during said period on any Debts outstanding as the same shall become due. (1) "Development Project" shall mean any one or more of the following: (i) repairs, replacements, or modifications to an ezisting generating facilily owned in whole or in paR by the Agency, and which are designed to iacreau or maintain an operating c�cieacy of the facility or (ii) preliminary and developmentai woric to determine whether any work should be undertak�n as a Project, o� engineerwg, legal, and financial studies in connr.ction with the planning, development or utilization of power resources, or (iii) any purpose for which proceeds of Bends may be. expended under the Act, except a Project_ The Agency may. issue Bonds (in a separate series or combin�d with Bonds being issued for other purposes) to provide funds for a Development Pr�ject upon compliance with lhe provisions for the issuance of Bonds as set forth in the Bond Resolution, but ihe approval of the Cities, pursuant to Scction 13 hercof, shall not be required. (I) "Energy" shall mean kilowatt-hours (kwh). (m) "Net Encrgy For Load" shall mcan a City's not Energy generatioa plus Energy received from others minus Energy delivered t�� othcrs at the Poinls of Delivery during tbe period �nder consideration. � (n) "Op�rating and Maintenance Expenses" shall mean all expenses incurred in the operation and maintenanre oE the System and the Agency which are properly accounted for such puipose uader 2 8 generally accepted accounting principles. Such ierm does not include depreciation or obsolescence charges or reserves therefor, interest charges and charges [or the payment of principal, or amortization, of Bonds or other indebtedness of the Agency_ (o) "Points of Dcliverv' shall mean the points on the System of, or available to the Agency, as . sel fonh in Exhibi� �, as amended from time to time by the Agency and the City concerned, at which Power and Energy are rrzade available to a City pursuant to this Contract. (p) "Power" shall mean kilowatts (kw). (q) "Project" shall mean one or more oF �he foltowing: (i) any power generating facility (or interest therein) to be constructed or acquircd by the Agency as well as fuel there[or and any trans- mission facility required to connect or interconnect such generating facility with a City or others, or (ii) any addition or improvement to a power generating facility which is then owned, in whole or in paR, by the Agency, or (iii) any contract right to purchase or receive a power supply or transmission capacity (a) by the making of a prepayment of capital costs which are associated with the supply or capacity so purchased, or (b) the execution of a take or pay contract having a duration of more than 10 years. including any renewals thereof, or (c) the execution of a contract lo purchase Power or Energy (either or both) on an all requirements basis. The term does not include any Facility financed with the proceeds of Special Contract Obligations as permitted under and defined in the Bond Resolution. (r) "Rated Capacity" shall mean [he maximum load expressed in net kilowatts (kw) that a generating source (as identified in the definition of Project) is. capable of supplying under good operating conditions. (s} "System" sha11 mean the Agency's interest in all properties (owned or operated by or on behalf of the Agency) which are financed, in whole or in paR, through the issuance of ob[igations by the Agency for Approved Projects, System Development and Reliability Expenditures, and Developmen� Projects, prior to the time one oE the Cities disapproves a Project under the provisions of Section l3 and elects Option One under paragraph (d) oF Section 13. The term also includes any contract for providing services or Power and Energy, either or both. The initial System is hereby desi�nated as System A. The term does not include the Agency's interest in any facility financed with the proceeds of (i) Special Contract Obligations issued by the Agency as permitted under and defined in the Bond Resoludon or (ii) bonds issued to finance any Ptoject which is not approved by all of the C'ities if a�ty or Cities which disapprove a Project ele�t Option One under Section 13. (t) "System Development aod Reliability Expenditures" means those ezpenditures which the Agency determines, under pcudent utility practices, should be expended over a evea period of tuae for (i) transmission and related facilities to increase the reliability of the delivery of Power and Energy by the Agency oc (ii) the ezploration fo�, development of o� the acquisition of a fuel supply or supplies in order to provide Fuel for generating Facilities which are not then ow�ed or ia the process of construction for and on behalf of. the Agsncy, or (iii) repairs, replacements; °oc modificaiions to an existino generating facility (owned in whole o� in part by the Agcncy or under construction by it) which are designed to incrcase the Rated Capacity of ��a�;�r gcnerating d��l��,.a�uch �x�e;a��i��r�� which are to b� paid from the proceeds of a scries of ��t��s shall be �a��d�� a si�� "r'a�j�+��. (u) "Uniform Systcm of Accounts" and alt othe� accounting methods and terminology contained c�r r�'f�a-r�c� tta i�� this Section ur ��'�ewhere in this +��rrat�act means ��t��u¢�� r�r��i�aYes, r��lwt��'^� and t�wfccra�e�� E�l��wed and eons��u��. as nearly as �,�ac��t�cable, in cc��d°�w�'b��i�� wr�t9t ti�� UniC�r�rr ��stem of Accounts for Class A and Class B Public Utilities and Licensees and accounting rules and regulations thereunder presa-ibed by the Federai Power Commission ior privalely owned power companies which are subjeM to its jurisdiction and engaged in business comparable to the business of the Agency, as amended from time to Gme, or such other system as may be required by any regulatory agency. Section 3: Sak and Purchase of Power and Energy. (a) Each City during the l'une this Section is applicable shall: (1) Purchase and receive from the Agency alt Powe� and Energy which it shall [eyuire [or the operation o[ its clectric system in excess of the amount (i) supplied by any generari�n and � - g transmission facililies owned by it on thc cfCective date of this Contract, including generating and transmissiort facilities under construction on such date, and improvements or extensions of generating facilities which increase the Raled Capacity of same so long as the increase during any period of lwo succcssive Contract Years dces not exceed 10°'0 of the same's Rated Capacity at the bcginniug of such period, provided the Cities and the Agency may, in writiog, waive such 10% limit, and (ii) supplied from any generation facility primarily fueled from and the construction and operatioa of which is incidenlal to the disposal of solid wasle that is hereafter cons[ructed and owned by one or more of the Cities, togelher with any transmission facilities that are necessary for the lransmission of Power and Ener�y therefrom; and (2) Binds itself to pay for all Power and Energy purchased or otherwise acquired by it from the Agency pursuant to this Section 3, said payment to be made at the rates and charges eslablished pursuant to Section 7 of this Contracc_ The foregoing provisions of this Subsection (a) shall have no appGcation to the purchase or exchange o[ Power or Energy (i) on an emergency, maintenance, or stand-by basis or (ii) o0 the basis of economic dispatch between the Cities and Brazos Eiectric Power Cooperative, Inc. (Brazos), or any one or more of such entities or (iii) under the existing pooling agreement be- twetn the Cities and Brazos and future pooling a�eements among the foregoing and others, all, or any combination thereof, and the Agency. (b) In the event that the Agency is not able to supply the Power and Energy required or re- quested under its power sales contracts, it shall allocate its available Power and Energy monthly among the (i) Cities pro rata in accordance with their respective Net L-nergy for Load during t6c co[responding month oF the preceding Contract Year unless a governmental agency requires a different allocation and (ii) other power purchasers as may be provided by cootract. The Agency shall devote its best efforts to the acquisition, by purchase or otherwise, of the Power and Energy required to meet the requiremcnts of its power sales contcacts. During the period the Agency is unable to supply Power and Energy required or requested under its power sales contracts, so that an allocation of Power and Energy �is made, the Cities shall be permitted (during such period) to purchase on]y such amounts ot Power and Energy as aze nol supplied by.the Agency. (c) The provisions of tbis Section do not apply to any Ci�y from and after the efiective date a City (i) disapproves a Project uudcr the provisions of Sectioa 13 and (ii) elects Option One; nor shall the provisions of this Sec[ioa apply to a Ci[y which disapproves a Projxt and elects Option Two. Sectioo 4: Periormaoce of Ccrtain Seryices. (a) In addition to the delivery of Power and Energy hereundcr and the performance of all acis and actions incident thereto, the Agency agrces tliat, to the extent not performed putsuant to or as a consequence of any other Sec6on of this Contract, it will either perfocm or cavse to be performed, in a prudent and economical manncr, the following service�..conceraing the inte�related activities of ihc Agency, the Cities and others, as well as various combinations of such parties: (1) comprehensive planning for Power and Encrgy aad tho.transmission thcreof to mutually agr�ed upon load ceatcrs; (2) undcrtake or coordinate and monitor the design, consWction and operation of joiat facilities; (3) plan for and undertake or coordinate and aronitor the economic dispatching of Pawer and Energy of the System and [hc systems of thc "Cities and other entities (to the eaten't permiKod by contract) to which such systems are interconnected, pursuant to subsequent agrcemcnt(s) be- twcen the Cities, the Agency and any othec entity; • ' ° R, -e (4) provide accounling and cost allocation services; and 4 10 (5) such other scrviccs as che Agency and a City, from time to time, shall detc�mine to bc appropriate and necessary. (b) Ci�y hcreb� bincls itself to pay for the cost of the services that are to be provided by the Agency pursuant to Sub�ection ( a) of [his Section 4, such payment to be made at the rates and charees established pu�suant to Section 7 of this Contract. Section 5: Delivery• of Power and Energy. (a) 'The Power and Energy to be furnished under this Contract shall be aliemating �urreat, sixty (6Q) hertz, three-phase, subject to conditions of delivery and measurement u hereinafter provided. (b) "The Points of Delivery, delivery voltage and other conditions of serviee shall be in accordance with the service specifications set forth in Exhibit A attached to this Contract, as amended by the Agency and the concerned City from time lo time. (c) The City shall make and pay for all conneetions between its facilities and the System owned by or available to the Agency at the Points of Delivery. The City shall install, own and maintain any necessacy substation equipment at the Points of Delivery from �1t� :��tem of or �v��la1,�1�. to the J��cr��y and shall install, own and maintain switching and pN�otective eqt��°r�tt+��t� of adequ�� cie�i;��x and sra�aci�r�t. capacity beyond such Points of Delivery to eRable the City to take and use the Power and Energy supplied uoder this Contract without hazard to the System. In the �v�zrat that the Points of G�elivery set forth in Exhibie A are not on the City's electric system, the City a�G��l arrange for transmi�;�iun of Power and Energy sold under this Contract to its system, including the insta7laUon and maintena�ce of any facilities required for it to receive such Power and Energy into its system_ �fd) Ezcept ;�� e�th�rwwrkse .��r��i, metering equipment shall be fu�r��wrshed, in„��,�� w��rs� mt��r�t�9��n�a�� by the Agency at ��;� P�ant of �3�lrw�ry to the City at the low voltage si+�� of the tr��s��a�i�� e;��a�a��c�"r� located there. Loss adjustments for low voltage side or remote metering shall be as specified in said Eahibit A or as otherwise agreed by the paRies. Section 6: Annual Syslem Budget (a) i'he Agency shall prepare or c��M�� to be prcp��`�r� an Annual �v�st�Gr� fiirac��,�C a[ least ninety (90) days prior to the beginning of e�,�� Contract "Y°�a� which shall ��rx�7z� ��t'�w�as�tes of Annual System Costs and all revenues, income or other funds to be applied to such Annual System Costs for and appla�� to such 'Co��tr�a�t Year. Such P+nnual System Budget �� also uti�x:r.� and take into account �v��sts, which .��CI be furnished by each �ty to the „�,�,�ncy at �c�st one hundred twenty (120) days prior to the beginning oE such Contract Year,_of the monthly. peak•Power and Eoergy requiremeats �estimated to be obtained from the Agency during sucfi_Contract ycar. (b) After consideration of any comments of the Cities, the Age�tcy, �ot less than thirty (30) days prior to the beginning of 3uch Cont�acl Year. shall adopt a� Annual System Budget for such Contrac� "�"��r and th� r�� and chas��s for P��a� and Energy to be furnis6ed ana� �k�� s��rvices to be perfor�r'�c�9 c9�zr�ng such �4.:��r�et Year �r��il shall �,°�ans� eopies of such Annual System F��A��C and rates and ch�r��. to be delivered to the �ties. Provided, however, the Annual System Budget for the first Contract Year shall be prepared, considered, adopted and delivered in the manner which the Agency deems besG (c) If, at any time or from tinie to time afcer the adopuon of the Aanual Sysrem Budget in accordanco with Subsection (b) of this Section 6, the Agency estimates that the Annual System Costs or revenues for thc Contract Year or any part thereof for which such Annual System Budget applies will- be greater or less than the Annual System Costs o� revenues set forth in the Annual System Budget� or chat the amount of Power and Energy �Ir�`c�� thc A��n�y e�� lo deliver d�a�°�ru� such Contract Year or any part thereof is greater or less t�a,�e� the amca�a�nt �f f"a�°�r�u and Energy �+��ich the 5 � Agency estimated at th� time of adoption of the Annual System Budget would havc been delivercd during such Contract Year, then the Agency may prepare an amended Annual System Budget. The amended Annual System Budget shall be timely adopted by the Agency and transmitted to the Cities_ (d) In thc cvent a bud�ct for the ensuing Contract Yeu has not been adopted on or before the first day of lhe Contract Ycar, the total amount budgeted for the preceding Contract Ycar shall be the total amount of the tcmporary budget for such purposes for the ensuing Contract Year. T6e temporary budget shall bc ef�ective only until such time as a permancnt budget has been finally adopted and approved. The chief administrative officer of the Agency shall be responsible for the allocadon for expenditure of the total amount of the temporary budget until a permanent budget is adopted and approved. Section 7: Rates and Charges: (a) The rates and charges of the Agency to the Cities for Power and Energy and for services supplicd shall be: (1} non-discriminatory, aod (2) fair and reasonable, and bc based upon the cost of providing the Power and Encrgy or providing the service with respect to which the rate or charge is based, and (3) adequate (after taking into consideration other mooeys received or anticipated to be reccived) in each Contract Ycar to pay or make provision for paying Annual System Cosu. (b) Whcn che Board of Directocs proposes to establish a new rate or chacge, as deternuned under Srhedule B, it shall give each City written nodcc Ehat it proposes to atablish a new rate or,charge for Power and Energy or for services (setting forth such charge) on a date certain (which shall not be less than 120 days from the mailing of thc notice to each City, all such noticos to be mailed simultaneously). Except as provided in paragcaph (c) hereof, no chuge or adjustment in any rate or chazge made by the Agcncy shall bc effcctive if any City, by resolution or ordinance of its governing body, enters an objection to snch adjustment in a rate and charge by causing to be Sled with the chi�f administrative ofTicer of the Agency a copy of such resoludon or ordinance more than 30 days prior to the suggested effective date of the proposed new rate or chuge. In the event a G5ty enters an objection to the charge or adjnshnent in a rate or chargc� the eff�ctive date of the chargc or adjustment shall bc P�P�ned psnding the resohction of thc dispute in tfie �ui�ca^�r��,�' inannu . (1) The C'itia may joiady seloct an independent consultant or consultants to prepare a rate evalnation and scheduk of proposcd rates and chargcs, �a�va� if such joint sel�ction is not made within 30 calendaz days of the- filing af ari objoction (evidcnced by the passage of a resoIutioa or ordinance) such indcpehdent consultant shall be appointed by the Boazd of Dircctors of the Agcncy; (2) the nport of the indcpcndent consultant shall be submitted to the Agency and each City for consideration; and (3) If the repoct of the independent coosultant is approvcd by tho govemiag bodies of the Agcncy and thc �fies tho same shall bc effectivo as of the date originally suggested by tho Agency ia its noticc. If the adjustment u not approved or an agieemcnt reached within 15 days afte� We rcceipt of the report of the independent consultant, th�n [he Agency and the �ties shall wch have al( of the rights aad remedies at law and in cquity except t}�at in no event shall any City bc rclieved of its obligadon to thc holders of Bonds under Section 13 or 14 of this Contract 6 12 (c) The Board of Directors of the Agency may change or adjust any rate or chuge for Power and Energy or for services supplied by it to a City, if such Board determines that (i) an emergency exists and (ii) t6e emergency adjustment meeu the criteria established in paragraph (a) of this Section. The emergency adjustment shal! be effective for a period of 180 days (unlcss the notice from the Agency speci6es a lesser period) and shall be efiective 30 days after the mailing of notice to the Cities (all of w6ich notices shall be mailed simullaneously). Seclion 8: Meler Readings and Paymeat of Bills. The Agency shall read meters or caiue meters to be read and bill the City for Power and Encrgy furnished under this Contract at monthly iatervals. It shall also bill eacb City monthly for services rendered pursuant to Section 4 of l6is Contract. Section 9: Meter Testing aud Billing Adjuslmenl. The Agency shall test and calibrale meters or cause meters to be tested and calibrated by comparison with accurate standards at intervals of twelve (12 ) months, or such other intervals as the parlies agree. The Agency shall also make or cause to be made special meter tests at any time at a City's request. T6e costs of all tests shall be borne by the Agency, provided, however, that if any special meter lest made at a City's request shall disclose that the meters are recording accurately, the requesting City shall reimburso t6e Agency for the cosl of such test. Melers registered not more than 'fz of 1% above or below norntaf shall be deemed to be accurate. The readings on any meter which shall have been disclosed by tcst to be inaccurate shall be cor- rected from the beg'inning of the monthly billing period 'unmediately preceding the billing period during which the tests are made in accordance with the percentage of inaccuracy found by such test, provided, that no corrcction shall be made for a longer period unless the Agency and City involved mutually agree thereto. Should any meter fail to register, the Power and Energy delivered during such period oE failure sha]1 for billing purposes be cstimated by the Agency and t6e City from the best information available. The Agency shall notify the City or cause the City to be notified in advance of the time of any meter rcading or test so that the City's representative may be present at sucb meter reading or test. Section 10: Paymeats to Constitute OperaGng E�[peuses oE Gty System. Each C5ty's obligation to make the payments under E6i� Contract shall constitute an operatin� expense of -its electric system payable solely from the revenues aod receipls of such electric system. Each City shall be bound and obligatcd to make such paymtnts and the obligation to make the payments+under. Section 14 of this contract shaU be unconditional. Sectioa 11: City Rate Covenau� Each City shall establish, maincain and collect rates and c6arges for the electric service of its dectric systom wluch shall produce tevenues a[ least su�cient, togethcr with other revenues available to such electric system and available eledric system reserves, to enable it to pay to the Agcncy, when due, all amounts payable by such �ty undcr this Contract. SecUon 12: Coveoants o[ We Agency. � . (a) a�tti��.. first ��t�sCying ��r� �''�a��r and Energy req��r��r��nts cv[ �t.�� ."a�a��, as such ��c��ie�rs��a�s are establi�t��C from twr�� to t��, '��9, the requirements �f ��er �r�r�r �arar��ers, tbe P��;�� 1 use its best efforts to inarket and dispose of any aad all surplus Power and Energy available from the System or which the Agency is obligated by contract to purchase or otherwise acquire, and whicb is in excess of the requirements of all Cities and other power purchasers, upon the most economically advantageous tcrws and conditions obtainable� to the exteat that it may legally do so. (b) The Agency shall use reasonablc diligence to provide a constant and unintcrrupted supply of Power and Energy herevnder. If th� supply of Power and Energy shali fail, or be interrupted, oc become defective by reason of force majeure as hereinafter provided, the Agency shall not be liable thercfot or for damagcs caused thueby. f� (c) The Agency shaU diligently wforcc and lakc all reasonable stcps, actions and proceedings necessary for tbe enforcement of all tcrms, covenaats and provisioos of any power sales contracts. T6e Agency shall not amend this Contracl withaut 5rst having secured thc prior writtcn conscnt of all Cities, but no amendment shall bc made in Section 14 or Section 16 of t6is Cootract. (d) The Agency covenants and agrees that it will operate, maintain and manage its System or c�use lhe same to be operated, maintained and managed in an efficient and cconomical manner, con- sistcnt wich sound utility. pcacticc and in accordancc with standards normapy uscd by utilities owning like properties. (e) The Agency covenants that it will noc make a change in any Bond Resolution so as to create additional Funds (except thosc now escablishcd by Articic V of the resolution authoriring the issuance of the Sories I4T6 Bonds) without the approval of such changes by the governing body of each �ty, nor shall any chaoge be made in the amounts required to be paid iato, accumulated ia or maintainod in the Bond Fund, Reservc Fund or the Coatingency Fuod, eacept a� provided in the resolution authoriung che Series I976 Bonds, without such approval_ Sectioo I3. Project Approral and Itigbls of Cities w6en a Piroject is nol Approved: (a) Exc�pt as to Bryan Lignite Number One (f�ercby approvcd as a Projact) prior to thc issuance and sale of Bonds to provide money for each Projat, the Agoncy shall submit a written notice to each �ty as requir�d by the provisions of paragraph (b) of this Section. If a P.roject has been approved pursuane to paragraph (c) of this SecQon, the Agency may thereafter issue, sell and deliver Bonds in order to fally provide funds for such Project, including lhe design, construction, and the placing of same in commercial operation, or to mcet any requiremeat of law, in- cluding those of a regulatory a.ger�cy having jurisdiction, or to pay judgments or casualty losses not covered by insurance, or to meet a safety or overriding public necessity. (b) A writtea notice of the Agency's intention to provide funds (through t6e issuance of Bonds) for a Project shall contain a general description of the Project, the projectcd sources and uses of funds for ,all aspocts of the construdioa and testing of the Project, and a statement to the effect t6at, ia the opinioa of the Agency, the Project is necessary for the Ageacy co mceE its commitments under power sales contracts and is ec000mically feaaible, togeth�r with an explanation oE the Agency's basis for this opinion. Within 60 days aftcc receipt of such aotice, each City shall give the Agency wriuen notice of its approval or disapproval of the Project. If a CSty Esils w give the Agency such writtea notice within such 60-day period, then said CSty shall be deemed to 6ave approved tbe Project. .(c) If all of the Cties (who have approvod all previously Appmvod Projaxs) approve a Project then tfie Agency may procood with the issuance, sale and delivery of Bonds to provide such Project. If one er more of wch C'ities should disapprove the Pmject, then the Ag�( shall giv� cach such Ciry written notict wluch of the Citia apProved th� Project aod which of the �tics disapprovcd the Project. Any of the Gties who approved the Projed may thea give the Agency written notice of its or their duir� that tho design and wnstruction of the Projed be commenced; and, if tha Agency dc- tcrmines fbat the Projoct is still feasible, it may procoed with the issuance, sale and delivcry of such Bonds, but the �ty which fail�d to approve such Projoct shall be requic�d (within 60 days of bcing noti6ed by the Ageney tbat it will pmcced with ihe issuanee, sal� and ddivery of Bonds for such Project) to eleet to Gmit its respoasib�ities under this Contract under Option Oae oc Option Two as sct forth in parag�aph (d) of this Scction. (d) If any CSty disapprovcs a Project, tlien withia the time specified in paragraph (c), such C�ity shall� by a raolution or ordinance adoptcd by its governiag body. elect which of the followiug options s6all govern its future responsibilitics under this Contract. lf tLe C�ey disapproving a Project hereunder fails to timdy communicate to the Agcncy as to the elccqon of��n option undcr the provisions of this Secxion, it s6a11 be conclusively presumcd tbat Option Two has been elected. 14 (1) Option Onc: (a} Each City shall be en[itled to schedulc and reccivc, cach month for its owu account, the same proportion of tbe available Powcr and Energy from the System as dts Net Encrgy [or Load relatcs to thc rotal Nrt Energy for Load o( all the Cities for the corresponding month of the completed Coneract Year neat preceeding the efieccive date of the option. (b) As consideration for such Power and Energy, and the right to purchase the same, each City shatl, each month, pay to the Agency its proportionate share of the Annual System Coscs equa[ to the percen�age of it's Net Energy for Load of lhe Net Energy for Load of all Cities for the Contract Year next preceeding the eflective date of the option. (c) Each City's obligation under Section l4 of this Contract shaU be equal to t6e percentage as calculated under the preceeding sentence. . (2) Optio� Two: (a) During the balance of the term o( this Contract after the effective date of the option, the amount of Power and Energy required by the �[y exercising the option to be purchased under Section 3 of this Contract shall be limited. Such C'ity shall, in each cal- endar month, take or pay for an amount of Power and Energy equal to the amounl of Power and Energy purchased by such City [ram the Agency during t6e corresponding month -of the 12 consecutive month's period preceding the calendar month of the efiective date of the exercise of the optioa, or such other amount of Power and Energy as may be from time to time agreed upon by ihe City, the Agency and the other Cities; and the Agency shall no longer be rcquired to Provide any Pawer and Energy in excess of such amount, and the �ty shall be relieved of its obligation to purchase all of its requiremenls from the Agency. The Power and Energy furnished te such City sball be billed by the Agency at rates and charees as from time to time adopted pursuant to Section 7 of this Contract. The calculation of the iimiting City's obligation under Section ' 14 �f this Contract shall assume such City's Net Energy tor Load for the purposcs of said calculations is equal to such City's IYet Energy for Load in the completed Contract Year next preceding the effecev� date of the optibn. . (e) In the case of each opdon: ( t) The efiective date of the option shalt be the first day of the Contract Year which is more thaa 90 days after the date a City disapproves a Project, as pecmitted in paragraph (cl of this Section. (2) 'T6e right to xhedule Povv_er and Enfrgy is subject to outages for maintenance and operating emcrgcncies. . ��3� 'T"�t� ��rc��mr�� r�� "r�a�r� a �:'��C�" ��a��h �a��c��+��e:�^� �a� ��j�c�� ',t��r��t ��r��,��w �� or p�.��u�a�h �xi �' � � � � s��x��i � �x��: �n��N ��+��tile ��rr� �a� ^�+%�� r�� "t�r�r+�r �u�nc� �:;n�r;�� is �'��+�x��d' �.�r ��u�� ri�l;a�� r� ��iv�r� �`� sa��t �'i4�. �"�"�'�is �ls+� �� a� �1'N �:'"�� Ft�r d�he effective date oE the eaercise of Option One by any City.) (4) T6e City which exercises. an option. pursuant to paragraph (d) shall not therea[tcr be entitied to approve or disapptove any subsequent Projects. (S) Amounts due from entities other thaa the �ties shall be taken into account in cal- culating the amount due from �h� Cities_ (f) •After a Gty has disapprovcd a Projec( undcr paragraph (c) of this Section, it may thereaftu revoke such action and approve the Project provided: � (1) the Agency and each of the Cities approvc the rcvocaiion, and 9 � (2) in order to pay a pro rata part o[ ezpenses incurred (includiog Debt Service) sinco the Project was disapproved, the Ci[y agrees to usume or pay such amount as may be determined by lhe Agency and lhe Cities. Sectioo 14: Debt Service CuarAotee; Operabng ��nd Maintenance Ezpeases. (a) In any instance whae the amount of money on deposit in the Bond Fund (created by the Bond Rcsolution) is not the full amount then required to bc ofl deposit therein, without �ving consideration to transfers made from othcr thaa the Revenue Fund or from Bond proceeds (provided thal transfers may be madc from thc Reserve Fund to t6e Bond Fund for not more than two (2) consecutive calendaz months) each City shall be obligated to make a paymeat the aggregate amount of which shall be the amounts that are necessary to cstabGsh or reestablish the amount then required, under thc terms of the Bond Resolution, to be on deposit in the Bond Fund, the Reserve Fund, and the Contingency Fund_ The percentage share of the payment to be made by each City shalf inidally be az follows: City of Bryan, Texas: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22.73% Cityof Denton.Texas: ------- -------------•--.........._..,.---. .20.34% CityofGarland,Tezas: _..... ....... ...................... .47.66% City of Greenville, T'exas: -.---.• ............... ..-•------..•-- -- _. 9.27% Except as set forth in Section 13(d) such percentage shaze of the payment to be made by each City �hall be adjustcd at t!u be�nning of each Contract Year. Such adjustmenl shall be made by calculating the percentage relationship that each City's Net Eaergy for Load for the Contract Year immediately preccding the Contrad Year in which the adjustment is being made bears to the total aggregate Net Energy for Load of all Cities for such Contract Ye�r� and the sum ' of the adjusted percentagcs shall equal 100%. The payments requircd lo be made to said Bond Fund, Reserve Fund or Contingency Fund (any one or al! of such Funds) shall be paid by the �ties in the percentage shares determined above and such payments shall bc made dircct to the custodian of the respective Funds as established in the Bond Rcsolution. Each City unconditionally covcnants the payment will be made, if required, in the arnount and in the manoer pccscribed. The provisions of this wvenanE are for the benefit and protection of the Agency; the Cities and thc owners and holders of Bonds, it being reco�nized that the holders of such Bonds shall be third-pany bene6ciaries of -this covenant, and it is undentood by the contracting parties that the pur�chaser of Bonds has and will agrce to the pue�chase of Bonds coaditioned upon this covenant. (b) In any instance� except that oceasioned by the faituro of a�ty or other power purchaser to pay the amount it is required ta pay for the purchaze of Power and Energy. in which thc funds of the Agency are iasuffieient to pay Operating and,Maintenaace expeasa or other ta�peoses (txcept thosc for which provision is made in paragraph (a) hercof) payments shall.be paid to the Agency by the Citia in thc - percentage sharc. dctaminod under paragraph (a) of t6is Section 14. (c) A ncw power puc�chaser (with thc approval of the Agency and the �tics) may assume primary liabiliey for the obligation to make payments undcr t6is Sectioa with rupect to Deb[s of the Agcncy inc,vrrcd prior to its bccoming a power purchascr, but the sune shall oot discbarg� the Gability of thosc who w�re obligat�d when such D�bts wcre incurred (who shall remain ucondarily Gable). (d) In the event the Agc�cy is held to ba in default under the provisions of the Bond Resolution (by reason of the inadcquary of paymenls rcquircd to be made by the (�ties nnder the provisioos of this Contract), the Cities sF�all cure the de[sult by making payments in the same proportion as provided in paragraph (a) of this Section. (e) In the event a City disapproves a Project under Section 13� or if a City olects to with- draw from the Agency under Sectioa 16, then tach �ty shaU continue to be obligated under para- graph (a) of this Section with respcct to Bonds tbe�etofore issued and Bonds ther�after issued to fully provide funds for cach Project [as contcmplated by tlie second sentenee oE Soction 13(a)) and in 10 � 16 addidon, if a�ty elects Optioa Onc, thca all of such �ties shall be obligatcd under paragraph (a) of this Scclion with respect to Bonds thereafter issucd for De�clopmcnt Projects describ�d in clause (i) of the definition of that term. if a Cily elects Option Two, then all of such Cities shall also be obligated unde� paragraph (a) of this Section with respecl to Bonds thereafter issued for Development Projects and for System Development and Reliability Expcnditures and Bonds issued for Projects thereaftcr approved_ For and in considcration o[ the paymcots to be made by the Citiu undcr this Contraci (including those undcr this Section) the Agency agr�cs to use its best eHorls W dcliver Powcr and Encrgy from Projects, to such Cities, under the terms of this Contracl, and such payments by the Cities shall be in consideration for the Agency's agreemcnt to deliver such Power and Energy; but the failurc of thc Agency to comply wieh such agreement shal( not relieve any City of its obligarions under paragraph (a) or (d) of tbis Section, which obligations shall be unconditional and absolute. (f) In the event the Agcncy is recreated under Scction 16 so the new entity assumes primary liability for a pro-rata share of the Dcbts of the Agency then outstanding [as distinguished from the crea[ion of a new system (not financed under the Bond Resoiution) with respect to projects thereafter approvedJ then the new enti!y shap chereafter be included in the calculation of the percentage share of the payment to be made under paragraph (a) of Wis Secdon, for the purpose of determining such primary liability; but in no event shall the Cities of Bryan, Denton, GrernviUe and Garland b� relieved of the obligation each has assumed (by the execution hereof) to collectively pay the endre amount (bas�d upon tho percentage of Net Energy for Load) rc��aired to be �ro�e�d' ��r��ec° p�r�g„�'p�� (a) � this Section with tespect to all Bonds theretofore or there�tt�r issued with�� r��r� to ;��r�l� r°u�w encity. Sectiou 15: Remedies in Erent ot Default. (a) (1) If any City fails or defaulu in meeting thc tcu��a�s, �on<��de��w� ��t� covenants of this con�Cr��t [othcr than a default in payment for which provision is a�a�;ci� in s�Fasc��ti�� (b) of this Section] z��a�S. such d�f'�zx�t continues for a period of 15 days, the Agency s�aa1� �„av� �°ws�tice (in the manna con- templ„�1�a9' k�� Section 31 of this Contract) to the Citics. 'i'he d+�Ea�a�tin�� .:�d'�' shall from the date of the mailing of such notice, have a period of 30 days to cure the default. (2) If any City fails to make any payment (hereinafter called a de�ault in payment) to the Agency that is rcquired to be made ander the provisiohs of this Contract, and such default in payrtent, con- tow��e� ��i� � ��'ar� �� r�t��w � 1,�� +�a�P�, �d�� ,��c�wc�r �t�u�� w� r��'�� Ci�a �.Yr�� r��,�� r��r��9��ai ��+ a��i�� 1 c�k` �t�is C:��r;�+�� +�� +C�u�w�:�_ "i"�a�; ��d�ra� �',i1� s9�p�, frc��an �.tx� cB�t� �f t�a� r�°s�n�� rt` ��s��w r�+��i��, ��v� � �a�.^,�ri�s�<� �a� t11��t�'�" ��U) d�ys �� }a�y C,I'ac 4'�l�' ��c�u�t t�� +�� t� �t�� ,�a��w �a��t��a� with interest thereon, as hereinafter provided. (;�4� i�� "idC� �� ru�a� �� it� ��u��t �ithzt� �� t�a�l �d 'l�airt� ��"��' ��ys, ��r�uM � �+�n� �u:� such +��,� ��s �� S;��lt� �� i�a ��a�a� t� m�y ��e` ri,�ia� �9a�+�.� i�au� ��rr�� I�� r�r��c 6�M� �',�w�t�`�� and �t M,�*� �r;d�N a�� qr�x��, �i�� e��;y wr��y t��u�� C� s��^wi� �� y, �d��t��IN�y, a�� a�� evea�� `�aaq'� in pa��c, �Tt� �,��y may ch�r�� a+� c�� `�r� ��w�� a4� ��a ��endar ��tar�k�u the ��rr�t °��ch th� �„��-y �r��i�es co b� �4�� a� 1��r��w �r��t tP�� az� woul� }�� +��iv� ��a� �� i,��r u��au��r �i� �"��e�c�, ��ro� �"a��r��r ��cd �i�� N °��v� ��ast�d �� +��3'��r�� a sr�rl� �� i�,�� sw��x �t� �r�e ��.�� i� �c��au�a� �.�rd t�c cr��t, d�i �a�y�� r�� .�� °rr�� s�� f seacE�a ffi��.�r��° �� -,� ��a� �r�r�� e�� :.��au�s,� �ar c��%�e�, ��t�tc�� t�r ��a:t��. 'Ter�ioation of scrviee hereundu shall not rcducc or change the obGgation oE the defaulting C�ity undcr the other provisions of this ContracG (b) If the Agency fails or dofaults in mcctiag the terms, conditions and covenants of this Cootract, except its covenant to use rea5onable diligence to provide a constanl and uninterrupted supply of Power and Encrgy containcd in Section 12(b). and such default continucs fo� a period of 15 days after a City has given tha Age�cy notice of such default in the manner contemplated in Scciioa 31 of this Contract, then such G�ty shalt have all ot the rights and remedies provided at law and in equity, eaccpt that in no cvcnt shall any of the (Stics be reGeved ot its obligation specificd in Section 14. The dclivery of availablc Power and Eaagy as providod in this Contract sha[I be a ministerial duty of the Agcncy. ll 17 Sectiou 16: Re-creation of Agency. Each City and the Agency tecogniu that pursuant to the Act the concurrent ordmances by which the Cities created the Agency rescrved the right to the governing body of each of the �ties to join with thc other Cities to provide for the re-cxeation of the Agency by the addition and deletion, either or both, of a public entity, as deSned in said Act, so long as there is no impairment o( obligapon of any existing oblig�tions of the Agency. Each City covenants and agrees that it will not join with any of the other entities to recreate the Agency so as to delete one or more entitia unless ( i) the then outstanding Debts of the Agency have been paid or provision made for their payment under Article XI of the Bond Resolution or {2) the Holders of at least 60% of the principal amount of the Bonds then outstanding approvc the concurrent ordinance proposed for adoption by t6t CiGes, or (3) the withdrawing entity contracts and agrees to continue to pay a fixed pere�ntage (as deterrnined by the Boazdj of the Annual System Costs (including the Debt Service Requirements on the then outstanding Debts of the Agency) during �he [ime such Debes remain outstanding. Such percentage shall be fiaed by calcutating the percentage relationship oF the wilhdrawing entity's Net Energy for Load (during the Contract Year in which such percentage was the highest) bears to �he total ageregate Net r,nergy for Load of all Cities (during such Contract Year). The obligation con�ained in Scction 14, as lo the entity seeldng to withdraw, shall remain unaffected until the Bonds permitted to be issued by Section l4(e) have been paid and retircd. No withdrawal shall be efieciive until such indebtedncss has been paid; and at such time this Contract, as to such withdrawing entity, shall terminate. From and after notice is given to the Agency of the intent of an entiry to withdraw from ihe Agency, no additional Bonds of the Agency shall be issued for a new Praject which involves any addilional payments by or quarantee of the Debi Service Requirements by such withdrawing entity. Each City covenants and agrees that it will not join with any of the other entities to reaeate the Agency so as to add one or more entifies unless (1) the then outstanding Debts of the Agency have been paid or provision mada for their payment under Article XI of the Bond Resolution or (2) the Holders of at least 60%of t11c principa,l amoont of the Debts of the Agency thcn outstandiog approve the concurrent ordinance proposed for adoption by ttic Cities, or (3) entity being added ezpressly either (as approved by thc Agency and set forth in the concurrent ordinances) (i) assumcs thc pumary liability for the paymeat of for a pro-rata share o[ the Debts of the Agency (which shall no[ discharg�: the liability of those obligated when such Debts wa� or are incurred; who remain secondiarily Gable) as well as the obligation provided in Section 14(c) and assume thereafter to pay its shart of the remainder of the Annual System Costs, or (u) agrces it will be obligated only with respect to the payment of annuat system costs for projecls which aro approved after�the re-crearion of the Agency. Sedion 1T: P�vmeat Dee B�tes and Dtlinqueacy. - (a) In thc event that a C'ity fails to make any payment at the lime herein specified, interest on such delinquent amount shall acaue at the ratc of ten percent (1096 ) per annum from the date such paymeat b�comes due until paid in full, and the Agency may institute a prooeeding for a mandatory injunction requiring ttie paymcnt of the amount due and interest thereon, such action to be institnted iu a court of competent jurisdictioo. (b) All payments roquired to be made by the Cidcs undcr the tcrms of this Contract shaIl be due and payaWe withio thirty (30) days fopowing thc date thc Agency renders the bill. and the CSties shall have no right of sctoH, recoupment or counterclaim against any payment under Section 14(a) or that part of the Annual Systcm Costs wtuch are attributable to payments to be made into the Bond Fund, We Rcserve Fund or the Contingcary Fund by aay Bond Resolution'or similar Funds estabrished for tha �payment and security of Subord'inated Indebtedncss (as defined in the Bond Resolution), which are uncot�ditionat. (c) Should a dispute as betwecn any Gty and thc Agency arise as to whethcr the Agcncy is in compGance with its ooveaants as containcd hcrein, each City shaU nevectheless be obligated 12 18 (1) to makc the payments provided by paragraph (a) of Scccion 14 hereof and (2) to pay suc6 amount of the Annual System Costs as may not be in disputc pending the resolution of such dispute, provided a City may dect to pay all such Aanual Syseom Costs, includin�C any disputed amount. In thc cvent a disputed amount of Annual Systun Costs is paid by a City tho same shall be placcd in ��"'� escrow in an interest bearing account by the Agency pending resolution of tha dispute, but valy the principal amount thereof shall bc returncd to thc City. If the City eltcts not to pay the amount in d'ispute and the dispute is resolved against such City, the amount ultimatdy found to be due plas intorat at 10% per annum (calculated irom the datc the samc was originally due) shall be paid by the C�ty within 15 days of the resolu6on of the controvcrsy. Attorneys' f�ts shall be assrssed as cou[t costs. Sectioo 18. Power Sal�s Coa�cts. The Agency may provide Powcr and Encrgy and secviees pursuant to a power sales contract, upon such terms as may be approved by the governing body of the Agency and, txcept as provided by Section 12(a). the Cities. Section 19: Cootinoatioo of Services. A City, unless it clects an option under Section 13 or withdraws undcr Sxtion 16, shall have the right to thc continued performance of scrviccs pro- vided undcr t6e provisions of this Contract for thc uscful lif� af the System by giving written notico to the Agency at least S years prior to the schedul�d termina6on of this Coatrad (as speci- Sed in Section 1) provided that if such termination is occasioned by malang provision for the payment of the Dcbts of the Agcncy, the notice may be �ven within 90 days oE such provision being made. Such �ty shall bc obligated to continue paying its propoRionaic share of the Annual Systenn Costs. Section 20: C�ty Not to SeU its Elect�ic System. Each City covenants that during the ecrm ot chis Contract (or the eztensions thereof) it will not ull or otherwise dispose of its dectric utility d'istribudon system in wholc or substantially as a�Y��w�+� to any e��C"r�y +�c�aer than �,� �ssw"��;w�� u�d��" �tw��n 21 of �I�i� Contract and, in the case of such an �ssv��e, only �ri� �1�r w��ztten ��r��at t�f t�� c.y a�rrr9' a4 �i��s, ' Seciion 21: �s�r�a�ucat o[ Rigbts oE a C�ty. A City may assign any of its rights under this Contract to aaotber entity, if pecmitted by applicable law, but no sale or other disposition shall relieve such �ity of ils obligations under this ConVact (including the obligations undcr Soctioas 10, I1 and 141 so long as any Bondt are outstanding. 5ectioa 22: DLssolotion oE tLc Agcacy. At such time az the Debts of the Ageacy hava bcw paid or provisioas made therefar p�usuant to Article XI of th� Boad Rcsdutioa, and thc Agcncy is dissolved, each C'ity w6o 'has not made an election under Sedion 13 or withdrawn undec Soctioa 16 st�all be entided to an undividod intcrest in the propertics of the Agcncy in propactioa to the arnount paid to the Agcncy vnd�r thLc Contract. Secfbn 23: Fora 1Nije�e. . (a) If for any.�eaaon of "fbnoe maje�ue" �� a� �� "�t� ��a��M �� a�9�.�+�IC �n��ti�rl�, wholly or in pact, to carrry out its obligaEioas und� �'�r� �;�� a��r�i��+��a �� ts� rr�� t�� tt� �'r�r�r�� +uor�ci�� ti�� .rvr�s � l�t� ��roc�t�r��m R�� a�� ar�rC� ��a�l� $,i^'� �� r�� tb� �v��. �r "��r� c�t �u�p+�i�a r�� ir� �� c��c �w�� u " � ��,s��l�� ' � �C�� t�� :.��:�� cad�" t�a�� +�� [�� a��;`��a� �r�'i��a�".�' ; �a�,� �rvu�� lw �u�et�� ' �.� iti as �� +^ s�.u�� "�'��s:� a�t�j�ut�,ro" ��a�l� '� g��n�i� c��r�� ti�� ctwu�� k' tl°�� i�a�',� ��r� ��a��, ��r� f�� Y�a��r ��i�i� a�ndl ��r ��;y �t�� G�v�� i�r ��r�a�� c�r �r� � �u�� a��w,��y �i��z ��t ��-��n��a�+� �i�p��c�W "�'"�� t��a �,,� ��a��"" � �an�w�� ,��,�� 1� �c�� r�" God,' strikes, lockouts, or other indnst;ial dishubances, ads of the pnbGc enemy� ordus or actioos of aay kind of the Government of the United Stafes oc of tho Statt of Texas ar any civil or m7itary ��Mz��ty, ��r��i��, �i+�� e,�M��r�o�, 1m�d�1G�� li�;h�ing. �w�9r��a��s, ��, l�r�r��c��, ��rms. �c��aa��, ��s;h�r��ts, �9'r��a�~i�„ ��'�°st�� rt��K�uts �� ^��a��w'� and ��t�, ��1 ��tur'�� rR+u�dons, 1��`�� c ��i��r�t �� dC��s, �a�a�9�i�a��^, �iq��i�s�a oi caoals or othcr structures or machinay. on acoouat of aay other cause not rcasonably within the cQntrol of tl�e party elaiming such inab�7ity. It is undcrstood and agrad that the setticmeot of strikes and lockouts shall be entirely within the discraroa of the party having the difficulty, and that thc abov� requinment t6at any "force majcure" sball be 13 � � rcmedied with all reasonable dispatch shaq not require the setdemcnt of strilccs anci lockouts by acceding to the demand of the opposing parties when such se�tlement is unfavorable to it in thc judgment of the party having thc difficulty. (b) No damage shall be �e:overable from the Agency or the Cities by reason of the causes above mentioncd. Secfion 24: Tosurance. (a) The Agency shall maintain, or cause to be maintained in force for the benefit of the Agcncy, �uch insurance with respect to the System as shall be reasonably available and as is usually carried by municipal clectric utilities constructing and operating generating and transmission facilities but, in the case of nuclear generating facilities, not less than will satisfy the requirements of federal and state law and the Nucicar Regulatory Commission regulations and such other insurance as is usually carried by municipal electric utilities owning like properties. Provided, however, in any event, tho Agency shall maintain. or cause to be maintained, in force, insurance in such amounts and against such risks as required by the Bond Resolution. (b) The Agency will secure and mainlain adeyuate fidelily insurance or bonds on all officers and employees handling or responsible for funds of the Agency. (c) The obligation hereunder to procure and maintain insurance with respect to a Joint Project, as de6ned ia the Bond Resolution, shall be met if the entity acting as the manager of the Joint Project obtains and maintains the ihsurance required for the benefit of all owners oE the Joint Project, as their interest may appeu. (d) The Agency may establish and create a special f.und ior the purpos� of providing a self insurance fund_ Amouots to be deposited in or credited to such fund in any Contract Year shall be accounted [or as Operating Maintenance Expenses. To the exient that mooies aze deposited in such fund, if created, such mooies may be invested in Investment Securities, as de5ned in the Bond Resolu- tion. To the extent of the amounts held in such fund, the face amount of appropriate insurance policies may be reduced_ Seetioa 25: Repoets. Tbe Ageacy will prepare and issue to each City the following reports for each fisca! year: (i) 6nancial and operating statemcnt relating to the System; (u) status of construction for eae� facility constitutiag the Systcm during construction; and (ui) analysis of operaUons relating to the System. Seetioa 26: Records aad Accoouts. The Agency will keep accurate records and accouuts of the System and of the 4ransactions relating to each facility consGtuting the System as ,well as'of the operadons of the Age`�y in aocofdance with the Uaiform System of Aocounts, which shall include deprxiation. Within, one bundred twenty (120) days ahct close of each Contract Year, the Agency shall causc such eecords and acoounts a.nd all transactions of the Agency relating to the Systcm with respcct to such Contrad Year to be subjcct to an annual audit by an independent ce�tified public accountant. A copy of each such annual audit shall be sent by the Agency to each City.. , Seebio� Z7: Access.' Each City sLall at , all times have reasonable aocess to ezamine any and all boolcs and tecords of the Agwry and to examine any facility ;of the Syst�m. The Agency and each City will give the otbcr the right to enter the premises of the other at all reasonable times for the purpose of repairing ot removing facilities, readiag meters and performiag work incidental t� delivcry and receipt of Power and Energy furnished hereunder_ Sectioo 28: Coreramerttal Rates, Regulations sind laws. The Contract, shall be subject to aU valid �ulcs, regulatioas and laws applicable thereto, as promulgated by the United Statcs of America. the State of Tcxas, or any other governmental body or agency having lawful jurisdiction or any suthoriud reprexntative or agency of any of them. 14 20 S�ction 29: E�sements: Each �ty agrees that the Agency or its agent shall (whcn pccmitted by cxisting cascment) have full acccss to such easements or over any cascmcncs, right-of-way or property held by such City if, and to the extent, requircd by the Agency for any and all purposes required for thc System or any Project thereof. Section 30: Cancellation ot Prior Conlracl. In conneccion with thc issuancc of 510,625,000 TEXAS MUNICIPAL POWER AGENCY REVENUE BONDS. SERIES 1975, t�1C CIIlCS and thc Agcncy have heretofore entered into a contract which is incorporatcd in an instrumcnt entitled, "Convact for Develop- ment of Fuel Resources, Planning Electric Generation Facilities and Ye�forming Certain Duties," which contrad was dated Septembcr 15, 1975; that such contract provided ceRain paymenis would be made by each �ty to the Agency for the payment of debt service on the aForesaid Series 1975 bonds and maintenance and operating expenses of the Agency. The parties agree that upon the effective date of this Contract and the canecllation of said bonds, the prior contract shall bc caneelled in its entirery and no paymenEs shall continue eo be made thereunder for any purpose and this Contract shall supercede such prior contract in cvery rupect. Section 31: Notices. Any notice, request, demand, statement or bill provided for in this Con- tract shall be in writing and shall be cansidered to have been duly dclivered�when scnt by registercd or certified mail, addressed as follows, unless another address has been designated, in writing, by thc party entitled to receive same: Agency: Texas �u�►��pa1 �"tavu�� Agency 7111 �'�s��e $ou�ew��c� Waco, Tezas 76710 Attention: F�tecu4ve Director Y' �!' City of �ry�.�� P. O. '�� 1! � Bryan, Texas 7780t Atteatioo: �ty Manager �ty of Gr��viNle P_ O. Box ��"� Green•r�le, Texas Attentioa: (Sty Manager d�aty �r� ��'tr�a� CC�iivi� �uc��dir°�� r�a� "�"��;� 76201 Attentioa: C�ty Manager Gl'ty o�" ��rl�a�� P. O. �� 89 Garland, Tezas 75040 Attention: C�ty Manager ��a�� 32: Sev�w^�,iw0.L�i�. The �a��w�� hcreto ��°� that if �r��r s�� the ��z�^��s��u�� of R�zb� +�crr��r��t sha��s� �v�travcne o� �� 9��!d inv�1�� aa�der the l�r�� of the ��a�� f Te��, ��F�, con�r��v��k��n ar invalidity shall not invalidato t6e whole Contract but it shall be constru�d as thongh not containing that pacticulaz provision, and the rights and obligations of the parcics shail be constiued and in force accordingly. Sectioa 33: Contracis to be Separate. This instnuneat embodies four separdte contracts betwr.en the Agency and wch City. Tcra►ination of one Contracc shall not affcct thc othas. i5 � � 1N WITIJESS WHEREOF, the parties hereto havc causod this Contract to be executed in thcir cor- porate names and their corporatc scals af5xed, all by the proper ofHcer duly suthoriud thcrcunto, as of th� day and year first hereinabovc written. (S�AL) ATTEST: By. /5/ IIM WH1TE _..__�..�W .............�__rw._.,m_.�._..__�_.�.__. Secretary (SEAL) ATTEST: sy: ,��,� JoE E. EVANS m_...m_e__�_...- Ciry secrerary._.__.._..___.m._,_ (SEAL� ATTEST: BY: /5/ BROOKS HOLT __�._.�_____.__..� City Se�cretary_____________�..... (SEAL� , � �� ATTEST: By: /5/ ALETA WA'['SON ._d._._...�.._._C�ly sGClaa�'.._..».._....,....._ (SEAL) ATrEST: By: /S/ IRENE WILSON ._.�._..___.,_..-_Ciry.Cl�rk____...._..._.__._.__ l6 22 TEXAS MUNICIPAL POWER AGENCY By: /S/ C. E. DUCKWORTH �ty of Bryan. Teaas By� /s/ LLOYn JoYCE ..� ,,.., . ....��or,� ., .. ,. , .. �. City of Denton, Texas By: /S/ ELINOR HUGHES .,......,a_..._m._____m��or __».,..__r,______.__.,m_.. City of Garland, Tcxas By: /S/ C�FIARLES G. CLACK ___...W_.__r.,,.....,��of _ .__....... �. . . �ry of Greenville By.__m__._/s�.Joeix T. G�uPFtx...�.. _..ep.�.__ Mayor � Ea�IT A POINTS OF DELIVERY Bry�o: 1. Bryan Plant: Facilities included are as tollows: (a) 138 KV lines (b) 200 MVA, 138/69 KV autotransformer (c) associated breakers, bus work, switches, etc. 2. Nall Substation: Facilities included are: (a) 138 KV lines (b) 200 MVA 138/69 autotransformer (c) 450 MVA, 345/138 KV autotransformer (d) 34S KV lines (e) associated breakers, bus work, switches, ctc. 3. South East� Bryan Substation: Facilities included are as follows: (a) 138 KV liocs (b) 200 MVA, �138/69 KV autotransformer (c) associated breakers, bus work, switcbes, etc. Denton: l. Denton Plaat: Facitities included are as follows: (a) 138 KV 1'mes (b) associated breakers, bus work, switches, etc. 2. North Denton Substation: Facilities included are as follows: (a) 138 KV lincs (b) �;�� l�"'�t�„ 345/138 i�'� ��ta�raw�si��r . �c) �,�:�z�� teakers, b�;� ^�r+��„ �^�rit+��s;' �d�. Gatland: 1. A.pollo S��t�t:�oaa: Facilities included are as follows: (a) 138 KV intcrconncction with TP&L (b) associated brcakers, bus wock, switchcs, etc. 2. Oates S��s��r��: Facilities included are as foUows: (a) 138 KV interconnedioos with TP&L �b) 450 MVA 345/138 KV autotransformet (c) 345 KV lincs (d) associated breakers, bus worics, switches, ete. 17 � 3. Bcn Davis Substation Facilitics included are as follows: (a) 450 MVA, 345/138 KV autotransformer (b) 345 KV lines (c) associated breakers, bus work, switches, etc. 4. McCree Substation Facilities iucluded are as follows: (a) 450 MVA, 345/138 KV autotransformcr (b) 345 KV lines (c) associated breakers, bus work, switches, etc. Creenv$le: 1. Steam Plant Facilities included are as follows: (a) 138 KV line (b) 75 MVA, 138/69 KV autotransformer (c) associated breakers, bus work, switches, etc. 2. Diesel Planl Facilities included are as follows: (a) 138 KV line (b) 75 MVA, 138/69 KV autotransformcr (c) associated breakers, bus work, switches, etc. 18 24 SCEIEDULE B RATES AND CHARGES (1) RATES FOR POWER AND ENERGY The rates to be charged by the Agency for Power and Energy furnished to the Cities shall consist of a demand charge and energy charge. These charges shall be based on cost of service to the degree that is practical_ The costs used in developing cost of service rates shall be based on accounting entries as outlined in the Federal Power Commission's Uniform System of Accounts. The rates for demand charges shall be established �o recover costs that are related to Debt ��tr�v�i��+��, (incl��i��a� covea�� ratios). other �rr��9��nuar��y ��^c.�f�e�w�� t�ble ��;r�r��s�� tac�� MK�� l�.a��n��s and s�d�6� other �r�.s.�onable fixed costs �:� tlt��: �c�;��s �^��9� r�a plant �� t�•�a��m'i.�:sioo �ag��ci�.�r� utilized. The demand charges shall be based on �k�� ht�wr�u� �a�Cts�q c.osts �� rr��a��°�a�� to ��t�,1� ��"� that the Agency has available. Proper consideration shall be given in the demand charges for such factors or coincident peak demands, diversity factors, load Cactors, etc_ of t6e Cities. Energy charges shall be based on fuel costs, operating personnel costs, variable Operating and Maintenance Ezpenses, postage stamp type transmission losses, station service energy, and other„ such reasonable variable costs as these costs relate to energy provided to Cities. -fhe rate making methods used to develop these demand and energy charges shall be consistent with standard utility wholesale rate making p�ocedures. These methods shall be applied as appropriate to the Sysiem_ It is recognized that these rates shall be developed in a reasonably equivalent manner as s'►milar wholesale power suppliers, State Utility Commission guidelines, and FPC rate regulations as applied to like power systems. (2) RATES FOR SERVICES PROYIDED TO ALL CI'fIES Various services shall be provided to all C�ities as directed by the Board of Directors and will be ��i�! �'t�� by the Cil�es at a a�l� per kilowatt-hour �r�tv�k� �1a�� be �t��i�t�� f�°��w t��x�� ira ti�a��. kay tP�c ��a;�r�9 ��f Directors. Each d,;aty"s share of such �h�wr�,�s ��aa�� be th��. �+��°i��a �r� t�� C�6 r��rrc�s��.�� by the ratio of his share of the net energy for load t+� t�.r� t�at�a.�' ne� �u��y ��r ��a;� +�[ �.�I �f t�+� C:iR��, Billings witl be made in advance on estimates oE loads and paid ev�nly tbrougbout the year. 4 (3) RATES FOR SPECIAL SERYICES pROVIDED TO A SPECIFIC CITY Spccial services may be provided to a member from time to time at tbe request of a(lty. Reimbursemeat for t6ese services will be made at cost by tho CTity recaiving the scrvices. 19 � 1989 AMENDMENT 26 AMENDMENT TO POWER SALES CONTRACT BETWEEN TEXA5 MUNICIPAL POWER AGENCY AND CITY OF BRYAN, TEXAS CITY OF DENTON, TEXAS CITY OF GARLAND, TEXAS CITY OF-GREENVILLE, TEXAS This amendment to that certain contract, made and entered inta as of the lst day of September, 1976, "the Contract" by and between the Texas l�tunicipal PoHer Agenc;•� a munieipal Corporatian and political subdivision af the 5tate af Texas herein called "Agency" and the City of Bryan, the City of Denton� the City of Garland and the City of Greenville, Texas each of which cities is a municipal corporation of �the State oE Texas and a home rule city herein collectively called "Cities" or individually called "City"_ WITNESSETH: WHE[tEAS, as oE September 1, 1976, Che Cities of Bryan, Denton, Garland and Greenville and Texas Municipal Power Agency, executed a Power Sales Contract (the "PSC'); and ��'��,��„�,��, the �:��i�.� have various opportunities to canstrue't ar ��a,�:�N.��c�� small ��c,a��ration facilxties, u5ing alternative fuels which would provide economical Power and Energy to each City; and WHEREAS, the Agency has obtained the consent of Teeas Commence - Bank Associati.on and Vational :lustralia B�nk to, sueh amendrnent; NOW, THEREFORE, in considerativn oE the� mutual undertakings herein contained, the Agency and each City agree as follows: L�I Section 3(a) of the Cantract is hereby amended to read as follows: Sectian 3: Sale and Purchase of Pawer and Energy (a) During the time this Section is applicable to such City, each City agrees as Eollows: � (1) Each City shall purchase and receive from the Agency all Power and Energy which it shall require for the operation of its electric system in excess oE the � amount-.(i) supplied by those generation and transmission facilities (in this subsection 3(a) called the "clause (i) Faci�a.t.��«�'�� if ��r�y, �r�rned by it on 5��,��r�- 1� 1976, iru��:�a��, as p��-�� any clause (i) ��.��t;.�es, those ��a��•�� g and t��n�smission facilities, iE any, under construction on sucti date, and improvemen[s or extensions of such generating facilities made or to be made aEter September 1, 1976, which increase the Rated Capacity of same so long as the increase during any period oE two successive Contract Years does not exceed 10: of the same's Rated Capacity at the beginning oE such period, provided the Cities and the Agency may, in writing, waive such 10� limit, (ii) supplied from one or more generation facilities (in this subsection 3(a) called "clause (ii) Facilities"), if any, each of which is primaril�• Eueled Erom and the consCruction and operation of which is incidental to the disposal of �olid waste and which was or is coiistructed after September 1, 1976, and owned by one or more of the Cities, inclu`ding, as parts of any clause (ii) Facility, any transmission facilities that are necessar�- for the transmission of Pouer and Energy therefro�n, and (iii) supplied from any other generation facilities (in this subsection 3(a) called the "clause (iii) Facilities" and including, as parts of any such clause (iii) Facilities, any transmission Eacilities that are necessary for the transmission of Power and Energy therefrom), iE an�°, owned by the City which are acquired or on which construction is begun after January 1, 1988, so lon�g as (A) the Rated Capacity of any one such clause (iii) Facility does not exceed 3,000 kilowatts, (B) the Cit.y does not, during the term oE this Contract, own or have an interest in two or more clause (iii) Facilities that have a combined Rated Capacit�• in excess of 5,000 kilo- watts, and (C) no clause (iii) Facility is fueled by lignite, coal, natural gas, oil, nuclear Euel,, or any Furchased fuels; and providcd that each City stipulaCes and agrees with the Agency that Power and Energy generated by clause (iii) Facilities shall not be taken into or transmitted through any of the City'-s transmission lines or used by the City for the.:•operation of its electrical system except to the extent expressly permitted under the provisions of subsection 3(A)(4) below. (2) Each City binds itself to pay for all �Power and Energy purchased or otherwise acquired by it from the Agency pursuant ta this Section 3, said payment to_ be made at the rates and charges established pursuant to Section 7 of this Co.ntract. (3) Notwithstanding the foregoing provisions of subsection 3(a)(1) above, each City reserves and shall have the PAGE 2 28 right -to purchase or exchange Power or Energy (i) on an emergency, maintenance, or stand-by basis or (ii) on the basis of economic dispatch between the Cities and Brazos Electric Power Cooperative, Inc. (Brazos), or any one or more of such entities or (iii) under the existing pooling agree�ent between the Cities and Brazos and future pooling agreements among the foregoing and others, all, or any combination thereof, and the Agency; provided that each City stipulates and agrees with t�e Agency that Power and Energy generated by clause (iii) Facilities shall not be purchased, exchanged, taken into or trans- mitted through any oE the City's transmission iines or used by the City for the operation of its electrical systero except to the extent expressly permitted under the provisions of subsection 3(a)(4) below. (4) Each City agrees that Power and Energy generated by clause (iii) Facilities (re ardless of which City owns such clause {iii) Faciliti�es� shall not be taken into or transroitted through any of such City's transmission lines or used by such City Eor the operation oE its electrical system or exchanged or sold by such City to any other City or other entity except as follows: (I) Power and Energy generated by clause (iii) Faczl- ities may be taken and used by a City pursuant to this subparagraph (I) to the extent, and only to the extent, required to supply the excess, if any, oE the City's requirements far Power and Energy at any time above the maximum amount of Power and Energy which is then available or could then be made available (if requested) froR� the Agency to supply such requirements; or (II) Power and Energy genesated by clause (iii) Facil- ities may be taken and used by a City pursuant to this subparagraph (II) dur�ng any month to the extent, and only to th"e extent (if any.); that the _City reduces the amount of Power and Energy which would otherwise have been taken and used by the City during such month as authorized in subsection 3(a)(1) or subsection w��:�� hereof from then existing clause (i) F��;��.t.�.�s or clause (ii) Facilities which are capable of generating such Power and Energy at a cost to such City equal to or less than the cost of such Power and Energy iE it had been purchased Erom the Agency; or (III) A City which owns or operates clause �111� Facil- ities may ��r,�t�erate Power and Energy in such facilities a�� transmit same through its trans- mission lines to the extent, and only to the PAGE 3 � � J extent, that such City or other Cities are auth- orized and ��c�� :ted to use such P�w��- and Energy for the opea�u��ar� of its vr their ei,��c�-ical system under the foregoing provisions of subparagraph (I) or subparagraph (II) of this subsection 3(a)(4)_ Each City stipulates and acknowledges [hat the purpose and intent oE the foregoing subparagraphs (I), (II) and (III) are to insure and require that, during any month uhile a City takes and uses Pouer and Energy generated from any one .or more clause (iii) Facilities� the amount of Power and Energy purchased and received by such City Erom �1�� Agency during such month uill ��µt be reduced beloa the a�s�t�rt,t thereof ahich aould have been ��t�rata��sed and received by such City from the Agency if no clause (iii) Facilities were ever owned or constructed by any of the Cities. II. Ail other terms. provisions, conditions, and obligations of the contract between the Cities and the Agency shall remain in full force and effect, and said contract and the Amendment Agreement shall be construed together as a single contractual agreement. IN WITNESS WHEREOF, the parties hereto have caused this Amendmen't to be executed in their corporate names and their corporate seals affixed, alI by the proper officer duly authorized thereunto, as oE the day and year first hereinabove written_ ATTEST: � � BY .� �- � � � � � _� �,�. ____�..m.�.... �. � a �:� [� � A '�" TEXAS MUNICIPAL POWER AGENCY 8Y : � ��c�. _ CITY OF BRYAN,.TEXAS BY : ��:;,�.:�.��,�.,��. �..G:.�-�� _ .��._.W_�._.�.�..�....,. �w_._.� �__m_.�..� � J� PAGE 4 [c317 ATTEST: BY : � 1r� � �� 1��.��.d�� . M� ...�,� .� � � f� �;��'"'�.�; �" � �,. CITY OF DENTON, TEXAS �� ..� -� � _�m �.._�. � —� � B Y : ��,,.• -. �� . �_. �., � �. � �r, � � . � _._ � � ,� BY- � - . � �...�m �„� �,�� ..�...��. C.; l l; i� �a� CITY OF GARi,AND, TEX�.s�""� ,�---�... � �o- ., � ~�' `� ' � � �- B Y : � '�. �.�.,� "'�...w � .m� �. � "4....� — � � � . � ��`"r� ��"��; _.�.....� , � , _ �� i : �LG �'�� ' ��.�.0 k _!_ �,� �.� /�—��_....� �. _. .....� .�>I i��LF�t1,��Y. CITY OF GREENVILLE, TEXAS �� `�� '`� .� ..�.. BY ° � • , � �� .�� . � �._ �V�.� �" � � �.�. �.e. _. �. m._�- ._ �m _.� ,�," ATTE5T: �� , � �� . BY : �:�.:��:��'�—..�.._. . � '�� 1 � i� �:; �" � � �'� �w � 1997 AMENDMENT 32 AMENDMENT TO P�WER SALES CONTR.ACT BETWEEN TEXAS MUNICIPAL POWER AGENCY AND CITY OF B�,YAN, TEXAS CITY OF DENTON, TEXAS CITY OF GARLAND, TEXAS CITY OF GREE_'vVILLE, TEXAS This Amendment to Power Sales Contract (the "Amendment"), made and entered into as of the 5th day of November, 1997, by and between the Texas Municipal Power �.�,'�r�cy, �� a�t��nicipal corp�>�~��ti;a�n and political subdivision of the State of Texas and ��ck�•��n re��"��•��d to as the ""t�.�;��cy" and the City of Bryan, Texas, the City of Denton, Texas, the City of Garland, Texas and the City ��,�'��rtw�*��v��le, Texas, ea�1°� �;��" which ��i��es is a municipal corporation of the State of Ta��».�� sc�� home rule a��t�^� and h��°��in collectively called the "Cities" and individually called "City." VYITNESSETH: WHEREAS, the Agency and the Cities entered into tliat certain Power Sales Contract (the "Power Sales Contract"), made and entered into as of the lst day of Se}��:�aber, 1976, which Power S�� (:�c��:�•<a�.�. was c��a��rt+�i�d by and be�.�r�,y�� thc� �.�;�wncy an� �� Cities as of the ist day oi ��t��a��ac�a�� 1976 ��ae.l� ��mendment �:��t,��er ��it�� the Power Sales Contract being herein called the "Contract"}; �� i�� d.i�� +�ii.i�� .� %�a �.�t�c��:x��c.� 1��.�� s��ntract �� ra�� each of t��r�� w�.��.r �I.�+� ��d��it�� a��~c:��.�;�� ar• taa ��z��rr�t� �c��C�:x- �;�� ;nergy f"t��r��r� .��z�µ�:es other �:ta�� t.��. ��a�:y �t�c� ��t�l��. �� '�,�an��i��r�� ..�r� ��a� Contract; WHEREAS, the Cities have agreed to alter the ierms and conditions upon which �'��c�� a �a�c�c�� u g�u�r��.s�;� 1��r ��i ��e�r��"' ir��c� �.�� ,��a�i�� "��i��.�� " �� 4,��r�a�� c� ��°c��r�cia� t�� ;�r�� i�it�� r�� i��u�l�� a�� ;�1�� a�~ ��;� �"�r�, ��• �� !��x��'� ��° ��, �",rc�� i�l�� c�� :,��°rl��.�°� �� ,�aa�a��rs��v�ar�� m� %a�•�1� below in this Amendment; . WHEREAS, the Agency concurs with the desire of the Cities to purchase Power and Energy as provided in this Amendment; �L��m�EAS, the ��d of Dz�w��rs of t��.��: ��.cy a��a�t�� les and Rcw�;��l�tions on No��t�� 18, 1976 ��c� such '��.��t�:� and �.�,�y��i�.i��ons ��.v� �z°�� time to 9:i�y�� been amended and are herein referred to as the "Rules and Regulations"; � WHEREAS, the Agency has obtained the consents and given the notices required to be obtained or given prior to entering into the Amendment; WHER.EAS, the Cities hereby reafCirm their commitment to the Agency and the holders of the outstanding Debts to provide the payments required under the Contract to assure that the obligations of the Agency are timely paid in accordance with the provisions of the Contract; NOW, THEREFORE, in consideration of the mutual undertakings herein contained, the Agency and each of the Cities hereby agree as follows: SECTION I. Section 3(a) of the Coniract is hereby amended to read as follows: Section 3: Sale and P�srchase of Power and Ener� (a) Each City a�id the Agency agree as follows; ei7isnrno�aaao.iz (1) Each Ciiy shall be entitled to purchase and receive a percen�age of the available output of Power and Energy from the generating facilities owned by the Agency. The percentage of available output to which each City is entitled is as set forth in Section 3(a)(2) hereof_ (2) For the right to receive Power and Energy frorn the Agency, each City shall be unconditionally obligated to pay to the Agency, without offset or �ounterclaim and without regard to whether Power andlor Energy is delivered by the Agency to the respective City or Cities or whether or not any City or Cities actually use Power andJor Energy from such generating facilities the percentage of the AnnuaI System Costs, including the payment of the Debt Service Requirements and Operating and 1Vlaintenance Expenses which may from time tc time exist, set forth below: City of Bryan, Texas_ 21.7�'0 .. City of Denton, Texas: 21.3% City of Garland, Texas: 47.0% City of Greenville, Texas: 10.0% (3) �� c�f ��a� �a��°��C; �l�li�'�tia��u c�f ��c%°� ��it,� �� 1��. ��aj�c� t� �rr��rac$r�� l�� a��1 ��r��r�� +�f ��a�� d.�e�, ��avi��c�, ��r��v��~� �,��. L�� p�r�:��+�� 1 r��r+��rt ��t�.l 1�� t�� r�+� ��s�a��c� �r�;r�:�a��. ��0�"�� c��` t��c� ��r��➢ ��t +�c�;��,�. � 34 its entirety. at'ti9srarr3eoao.iz (4) Each City binds itself to take or pay for its entitlement to Power and Energy in accordance with the raies and charges established pursuant to Section 7 of this Contract_ SECTION II. Section 3(b) of the Contract is hereby amended to read as follows: Section 3: Sales and Purchase of Power and Energy (b) The Agency shall devote its best efforts to the generation and delivery of Power and Energy from the generation faciIities of the Agency_ SECTION III. Section 3(c) of the Contract is hereby amended by deleting Section 3(c) in SECTION N. Section 7(a)(3) of the Contract is hereby amended to read as follows:. Section 7: R.ates and Charges: (3) an amount sufficient to (i) pay the Annuai System Costs as set ��°��a �r� �;�xa� �,��r��a�� y�� aic�� ^� �r��ra��rl ��r t��au T��1�:� ��:i ��,��ca��, , .�ii) t�'t��S�+� ��t* ��i�C�� r��i�`�� ,� t;��cr C��wn�� la��ia�r�� {i�,�) �'�z�ti� �� a��a;�� .��a.�ri�l i:��k., �:� ��rr.��xc��*� �r�i t��r,�� :� �a��c� [��a��ad,�a�u°a�, ��pa��a �ier} ��x ��a��.t� �:� �a��,i��ac° fa��c9� �arv � �t�a�� c:c��a�� l�s��a� ��,�rr I��a� �a��:��.� �a�r� �� °�c��m�� a;� tk�� r�+��ra��aa��u� �f &�� k��c� ��a��t,�c��, �"��c� �ta�l� �'aa�� • ��;��ar�� u�cu ��. ��+�e�� a�t �a°°��° ��u�.r� �.��",� c��'t�r� �.�r�� ._�� ;��, �:aa� ��:1� �r��d,�a� ��; � r�� Fa� �a��r�+�v��k ��^ tl�� f�r°c��vc3 �r+�� " �� (�� r��r� ��' �,�� r�.� �� i��°r��c�� a£" �1�� ,�� wr�rii�� : �� xa�� :�� ru�z�a��a� ��" k�� c��+�� ` ��,�°��k��,;ro ��a��c� �� .�� ;�fi.� �°�ad�i�� s� ��r�� "ar�� .r�.�� i��r��,��, ]��.�;�� 'c�t` �`aarz�� n��4 �"�a�~ ��°�r��r�.� ��`;��1� i�r�;�r�;�a��Y ��:�� 'iuu�� -��1'�' �.r�r t;�� c:�� a��r��r :��, V.�l��, �a��c� �a�� "+�� :l�i �� :k�� y �� 4�1°r� M��, �� i �z��ia ��r;�c�� '��• �ola��•��t�� r��r �.�� 1��r� i��a� ��c��ar�d�� c��-��. i�� r��a��,,�a�� ^�ra��a ��ai��uw�; ��, (i�i�„ Q�� <�r�� (i�v� t��` d��.�i � ��'�c��t '1(��i�� ,��1� �:rt� r�f.�tar��c� � ��°�� i�� u�at��ir� ��"� _3_ days of such date in the same percentage as the percentage each City cantributed to such amounts. Funds held pursuant to subsection (iv) of this Section 7(a)(3}, if approved by the affirmative vote of at least six (6) members of the Board of Directors of the Agency with at least one (1) member of the Board of Directors appointed by each City voting in the affirmative, may be used to reduce the debt of the Agency. SECTION V. Section 12 of the Contract is hereby amended by adding s�:,�ections (� and (g) to read as follows: Section 12: Covenants of the Agency. (n The Agency covenants �� .��+�� tx ��.t t��c� ��v��z�� a��a�•�i�:� �a�` the System which were �c��aia•ee� ��+ii�� `ra�t�� r°�'��iv�� f"r�� .1�� :�� of Bonds are sold, the ��c�.�rc:��s C"rc�� l�}��. �� t��" �a�ela �r��c�a-i�i�:� shall be applied in accpa"��t�� i�h fl��e �:a�-��a��c�n� aa�" �.�� a�' Bond R.esolution. (g) No Bonds, Subordinated Indebtedness or Special Contract Obligations shall be issued or incurred witihout the grior approval of the Board of Directors of the Agency. SECTION VI. Section 13(d)(1)(a) of the Contnc�t is hereby amended to read as follo�vs: Section 13. Project Approval and Rights of Cities when a Project is noL Approv2d: ' � ' Approved; ai�tearoo2-�ao�o.iz (a) Each City shall be entitled to schedule and receive, each month for . its own account, the proportion of the available Power and Energy � �"r�aa� �� t�� t� �� a�r�� t��r�i,��: ��:��e� ��a ;�{�� c�:�" �:Y�i� ��r�ta��t, � ��;�� %�� rra�� a� t"raa� �y�r�� a;rGc� ��d,�a��c� ia�a ��.c�w�r��a�c��, �iN;� �:�r�; �r�r�is��ta� �� r� �� .��r��rf: SECTION VII. Section 13(d)(1)(b) of the Contract is hereby amended to read as follows: Section 13. Project Approval and Rights of Cities when a Project is not -4- 36 ,,� (b) As consideration for such Power and Ener�y, and the right to �� ,r�l��sc� t:�� .�Y:�rr��, �� i�� ll, ��irv�. ��c��it,��, �.a�� d,� �,�� i�.� ��sy��ar�i�xt��a� ��r� �i �"k�� a,�� y��r� �.`�r�C�� e��av t�a 1�k�� a��r�%��c �,�at�� ac��ar ��;�a�n �� ra�` �;��i:� C�a��t�r��c�� s ;��.��:t:r ��rr��a�e �x�,�� 1�� `c•c��a ��r��r� �� i.a�a�� i��.��,�c� tisa ��.;�°�.r�•�1�r�r� ��t�� the provisions of Section 3(a) hereof. Approved: Approved: 6171 ��',Wti�"�G �:�:� �U�m AbQ9�.I2 SECTION VIII. Section 13(d)(1)(c) of the Contract is hereby amended to read as follows: Section 13. Project Approval and Rights of Cities when a Project is not (c) Each City's obligation under Section 14 of this Contract shall be equal to the greater of the percentage established under Section 3(a) af this Contract,or the percentage established under Section 14 hereof. SECTION IX. Section 13(d)(2) of the Contract is hereby amended to read as follows: Section 13. Project Approval and Rights of Cities when a Project is not (2) During the balance of the term of this Contract after the effective date of ihe option, the amount of Power and Energy required by the City exercising the option to be purchased under Section 3 of this Contract shall be limiied. Such City shall, in ea�h calendar month, take or pay for an amount of Power and Energy equal co the amount of Power and Energy such City is entitled to receive from the Agency during the corresponding month or such other amount of Power and Energy as may be from time to time agreed upon by the City, the �,�,�x�.�� and �t�a�� aies, but in no event shall such take or pay requ�r�xaa��t be ��,� ��t� the amount required to be paid pursuant Section 3(a) or Section 14 hereof, whichever amount shall be greater; and the Agency shall not be required to provide any Power and Energy in excess of the amount to which such City is entitled pursuant to Section 3(a) hereof. The Power and Energy furnished to such City shall be billed by the Agency at rates and charges as from iime to ti�tne adopted pursuant to Section 7 of this Contract.- The calculation of the limiting City's obtigation under Section 14 of this Contract shall assume such City's Net Energy for Load for the purposes of said calculations is equal to � � such City's Net Energy for next preceding the effectiv required io be paid pursua greater. Load in t e date of nt Section SECTION X. he completed Contract Year the option or the amount 3(a) hereof, whichever is All other terms, provisions, conditions and obligations of the Power Sales Contract between the Cities and the Agency, dated September 1, 1976, as the same has been amended prior to the effective date of this Amendment, shall remain in full force and effect, and said Power Sales Contract, as amended, shall be construed together as a single contractual agreement. This Amendment shall become effective upon the execution by the Agency and the Cities, all by the proper officer 3uly authorized by the Agency and the Cities to execute this Amendment for and on behalf of said executing party. ai�i9e�o�4oao.i2 _6 38 a ATTEST: BY-_`��,_�: ��_.Y.� ��`"�� . ,r:�„�,: .� ATTEST: � � ��c.c.�`��I �y ..�� ..�-,� ��,�µt�..��.h.� I ATTEST: BW� ,��" �_mm__�._� ATTEST: �� .. - 1 ATTEST: BY=_.�.� �':....;�v.��.. �t71�� .1'� TEXAS MUNICIPAL POWER AGENCY ... � ,� ..� � �w � ��. � � �'�� ,�;�,�~��,, ��ti �� -�. .�.- .,,,.�'_��a. � . :�°�'f -<J CITY OF ��"� C�6, � .�:��:� � ��" ° �.�� ...�:.�� .��..� ...,,,_ CITY OF DENTON�, TEXAS BY� �� ,�w.�.�.:�....�--" CITY dF GA.RLAND, TEXAS -7- CITY OF GREENVILLE, TEXAS , ,�a ,- _�� , � y v��1 � . � � BY: �-- 'u-'�- �.~ , _ ��. .. ..�-- , _.�.�. r � � 00 O N ti N t C� L � � � O L L 0 � a� a� L a°� C� � • �; +�►; �; • � • � �,, • • �; � �; � � �,, � •` • • � �; �; � � �; � � � �' � �,, � a► • � � � � � � � �; � �1i • �► � � � �,, � � � • #, � �' • '� �; �► • �; � �; � �; � � � • • •: � �, • �; •: � �; � � � � � � �: � � � �, � � + � � � � � � � � � � � � � � �' � � � � � � � � � ,� � "•�,." ��.+ +� � d� rw� � '� � �up G j �..� "�4.�' �+ �* s� � +�1 � � u� � �" � � '�' �' � � � �' � �� . �, � ..� ,� �� +� � �" � '� � C� �� .,« � ?� �s � � � � � � � � � � � � � �. �+ '� C�� "� � � � � � � �� "� �r��.�� "� �, � '� �, � �" � � ��"` �+ � � � � � � � � �, �w '� � '� � e� '°u� � •� �h � �, CCi � Ai t� � � � � �� "�w �� ery CA � A� �"" d� 3FS �' � � � � � � Gr'� «� ,� '�° ca � ,�+ � ,� � Cd�; „�, ,^ � � �� i � �+ •�0 �"^3 �} .S? �. � � � � y,� � � V"� �,a � � � � c�e � «� = '�". ^.. "� � .� � •� � ,O � � � �a� p� � � � � ,� � � d"J G,�� cd aa-9 �' �� w. � � � � � �' � � � O � p� � � � � � � � � � � � � � � t� L�G �-+ C'� C3 G � � �:" �1 � � �, � �, � � � �, � � �! '� � � �a� �. �.�a,�.,� � � � � .� °� � � e� E� � � � � � � � � �, � � 'i� .� d '� � � C�,i �q, t7" „�" ".� � `"fJ � �.�.� � � �� """ �, � � � � � �, •�." �" �" � �,��n �,�,;� �„'� ,��'� � � � � � � ,� � � � � � � � � � � � � � p� � � � � � �^ � � � � � � � � � �� "� . � � �a �L« �` � � �„ � %; ,;, r+, • 1 � •� � � �' ��,� ,. ;,, � r, � 0 N �O N t U L (d � C � � N � � t � L � � .� C � U .� � L (d � m � �--� .� � U � � � N t �